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Home My WebLink About FULL PACKET_2005-06-06 JWF 5/4/05 ORDINANCE NO. NS-2686 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA AMENDING SECTIONS 2-300 AND 2-300.5 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH THE TITLE OF DEPUTY CITY MANAGER FOR DEVELOPMENT SERVICES THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS FOllOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In order to better coordinate development policy and practices in the City, the City Council has established the title of Deputy City Manager for Development Services. B. The City Council desires to identify the Deputy City Manager for Development Services as an officer of the City, and to make other technical changes in the titles of said officers. C. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 2-300 of the Santa Ana Municipal is hereby amended to add reference to the deputy city manager for development services, and renumber appropriately, so that it shall read as follows: Sec. 2-300. City officers and department heads. (a) The following are officers of the City of Santa Ana: (1) Members of the city council; (2) City manager; (3) City attorney; (4) Clerk of the council; Ordinance No. NS-2686 Page 1 of 3 11 A-1 (5) Assistant city manager; (6) Deputy city manager for development services; (7) Police chief; (8) Fire chief; (9) Executive director of finance and management services; (10) Executive director of public works; (11) Executive director of parks, recreation and community services; (12) Executive director of personnel services; (13) Library director; (14) Executive director of community development; (15) Executive director of planning and building safety. Section 3. Section 3-300.5 of the Santa Ana Municipal Code is hereby amended, such that it reads as: Sec. 2-300.5. Executive Director of Planning and Building Safety. All references in this Code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager or any board or commission of the City of Santa Ana, or in any document whatsoever that predates the effective date of this ordinance, to the planning director, the building director, the director of building safety, the director of planning and development service, or the deputy city manager for development services, shall be deemed references to executive director of planning and building safety. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2005 Miguel A. Pulido Mayor Ordinance No. NS-2686 Page 2 of 3 11 A-2 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2686 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-2686 Page 3 of 3 11A-3 11A-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONL V: JUNE 6, 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 ." .c/ / j fj~ ~~,< /u. U,. CITY MANAG ER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Appoint Frank Meza and Renee Ward to the Santa Ana Workforce Investment Board. DISCUSSION On March 6, 2000, the City Council adopted a resolution establishing the Santa Ana Workforce Investment Board 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 four vacancies on the Board consisting of two private sector seats, one labor seat, and one economic development seat. After an extensive recruitment campaign and interview process, two new candidates are recommended for appointment to the Board. The private sector nominees are: Frank Meza, General Manager/Owner, Flexible Manufacturing; and Renee Ward, Owner, The Forward Group. Their resumes and nomination forms are attached (Exhibit 1). Staff will continue to work to fill the remaining three vacancies on the Board. 138-1 Appointment of Members to the Santa Ana Workforce Investment Board June 6, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~patricia C hitaker Executive 'rector Community Development Agency PCW/FJ/mlr H:\ACTIONS\2005 CC\ApptmtMemberstoSAWorkforcelnvestBoard 6-6-05.doc 138-2 Frank Meza Flexible Manufacturing 1719 S. Grand Avenue Santa Ana, CA 92705 Phone: (714) 259-7996 Ext. 301 Fax: Email: fmeza@4fmi.com Mr. Frank Meza is the General Manager/Owner of Flexible Manufacturing (FMi). Flexible Manufacturing is a Product Development company. Mr. Meza founded the company in 2001 after working for Smartflex Systems as Director of Engineering Operations. Since 2001, the company has been on an upward growth pattern, having reached sales of 9 million dollars in 2004. Mr. Meza started his company as a contract manufacturer, but decided to take advantage of the talent of his staff, most of whom were Engineers who had been laid off by Smartflex Systems when the company was sold. As a result, Mr. Meza concentrated on contracts for the initial development of a company's product. The following are some of the services available at FMi: · New product introductions (NPI) for the electronics industry · Engineering development related to advanced interconnect technologies -cas (Chip on substrate) -COF (Chip on flex) -FCOF (Flip chip on flex) · Full electronics testing including reliability · Specializing in flexible substrate electronics assembly · In house mechanical fabrication from CNC to EDM Mr. Meza's business philosophy includes paying employees above the average of what other employers are paying for similar positions, and making employees important stakeholders of the company. Employees at Flexible Manufacturing are fully empowered, and in the future will fulfill Mr. Meza's vision of becoming owners of the company. Mr. Meza is very interested in joining the Santa Ana Workforce Investment Board. He feels that the board will be a great opportunity to network with other business leaders in the community, and also a great opportunity to become involved in the policy making of procedures that will help Santa Ana business, as well as individuals in the community. EXHIBIT 1 138-3 N 0 -- ('1) 0 -- "<t 0 "0 Q) (/') bJ) I-< .> Cl) Q) !:: ~ a::: 'C .a 0 bJ) ro u l::; !:: N c$:l ....... V) V) Cl) Cl) I-< V) ::8 ;::l bJ) .a 0 0 0 ro 00 00 00 00 00 00 ---- ---- ---- !a !:: u Cl) Cl) Cl) Cl) Cl) Cl) rrl 0'\ 0 ~ c$:l >-< >-< >-< >-< >-< >-< ...... N N ::8 ro ---- ---- ---- !:: ::8 ;::l "<:t "<:t V) ro Cl) !:: 0 0 0 I-< ~ :0 ...... ro ro ::8 ....... I-< >< Cl) Cl) !:: ~ Cl) Cj ~ <:l.l ~ sa '- ..... "" '- ~ ~ ..... < ..... ~ 1:j ~ G- <:l.l '- ;:. Z ~ <:l.l 1:j Q:::; '-J 0 1:j l... ;:. ~ ~ ~ ~ <:l.l 1:j ~ U '- ..... l... '- ~ ~ ~ ~ l... ~ ~ (3 ~ 1:j 7Jl 0 <:l.l ...... ;:. ~ !:: ~ '- Cl) ..... S ..Q ;::: ~ '-J ...... == ...... ~ <:l.l !:: ....... 0 ~ Cl) 7Jl S .e. S ~ S 0 ...... 0 ~ ..... !:: ~ u ro t: ~ '0 Cl) !:: <:l.l 0... ~ .5 < ~ 1:j .< ~ ro ~ ~ ...... ...... <:l.l .- C !:: ~ ~ '0 ~ ro ro Cl) ro r:/J <:l.l .e. !:: ~ I-< 00 .S ~ ;::l ro 00 ~ 0 Cl) ..... t: c; '- u ~ u 00 ~ .0 u Cl) S <:l.l .0 ..9 !:: ~ ~ ~ 'C Cl) ro (3 ~ u ~ 0 !:: ..s::::: 50 <:l.l ..s::::: ....... ...... 0 ~ I-< Cl) ...... 00 00 Cl) I-< ~ '-J t8 u ;::l !:: I-< ~ 0... ~ ~ ~ !:: ro Cl) .9 ..s::::: ro < Cl) Cl) !:: Cl) bJ) .;; ~ ....... ...... ...... S ~ ....... 0 ...... !:: - > I-< ro 0 ~ Cl) ....... !:: ---- Cl) ....... g- o "<; l... ~ ..... Cl) ~ 0... ~ ..s::::: ..... ~ ~ ro S Cj >< ..... 1:: l... !:: u ....... 00 00 J:.I.l S ~ ~ 00 '8 ...... E u 00 0 -Cl) ~ -Cl) !:: I 0 Cl) 0... Cl) ~ '0 !:: >> .- ~ ~ Cl) 0 0 0 .~ '"0 ~ g- t:: ~ ..... Z 0... c: '...... !a ~ !:: '8 ~ .~ 0... 0 J:.I.l ..... .- 00 <:l.l Cl) ro 0 :=3 ~ ~ a<3 < :0:; U 0... 0... S ~ 0 S <:l.l U a ;::l .~ ...... Cl) ~ ~ ~ Q) ro I-<~ a Cl) 0 ..... iE 0 0 ~ Qi u '"0 U ~ 0 Cl) z Cl) u ;::l ~ '"0 !:: '-J U .;; '0 (/') !:: 0 00 Cl) !:: 0 L.. >> ~ a ...... 0 !a s 0 bJ) '-J <:l.l Cl) Cl) !:: Q) !a t ....... !:: ...... .S <:l.l Q:::; > ~ ;::l .0 0 ...... Cl) ...... Cl) ....... 0 E 0... 00 .0 .0 ....... a ...... c.::: ...... S' '-" ~ Cl) ........, ;::l _00 u Q) Cl) 00 0 Cl) ~ ~ s ~ ;::l I-< :.=:: :.=:: ;::l ........, u ~ >> E '"0 00 0... :B ~ 00 ro "--' "--' Cl) >< ro 0 ...... ro ~ 0 Cl) >< ~ ...... z u E:: !:: =r: < u ~ ::8 J:.I.l U 'C - ro E I 138-4 BID Renee Ward is a seasoned recruitment and staffing executive. She was a Vice President for TMP Worldwide Recruitment Advertising (the parent of monster.com), and Vice President for a Spherion Corporation subsidiary, JobOptions, Inc., a career resource technology company. She is a member of SHRM- Society for Human Resource Management and served on the SHRM Workforce Readiness Committee, PIHRA-Professionals in Human Resource Association, ERE- Electronic Recruiting Exchange and ASAE-American Society of Association Executives, Prior to her recruitment and staffing career, Ms. Ward was a successful advertising, sales and marketing management executive. She's had an outstanding management career with several innovative Fortune 500 companies, and ran her own highly effective sales and marketing promotions company. Renee is well known for her ability to work cross-functionally through team building and leveraging resources for group initiatives; ability to craft and deliver high level presentations, proposals and pitches; broad-based business, industry, IT, Internet and new media knowledge. Ms. Ward is a published author, noted speaker and an expert resource to media, schools and community groups. She has had numerous television appearances including CBS Evening News, CNN and CNNfn, Comcast Cable, and UPN News. She has been quoted and featured in thousands of print publications such as the Wall Street Journal, USA Today, the New York Times, Dallas Morning News, Chicago Tribune, Kilplinger and the Bottom Line. - Renee has a SA in Broadcast Journalism from the University of Southern California, and completed graduate studies in business, marketing and communications. She is the founder of www,Teens4Hire.orq, an online career center for those 14-21 and www.Seniors4Hire.orQ, for those 50 and older. Her motto; "no, doesn't mean never". The Forward Group Publishers of Seniors4Hire.org & Teens4Hire.org 7071 Warner Ave F466 Huntington Beach, CA 92647 Phone: 714-848-0996 info@the4wardgroup.com 138-5 N 0 -- C") 0 -- oo::t 0 "'0 Q.) l/l '> Q.) g- o::: I-< 0 Cl) "'0 I-< ~ 8 d lr) lr) lr) Cl) ~ "'0 0 u 0 0 0 8 --- 'E '" '" '" '" '" '" --- --- --- ..- Cl) Cl) Cl) Cl) Cl) Cl) ("f) 0'\ 0 Cl) ~ c<:l >-< >-< >-< >-< >-< >-< ..- N N Cl) 0.. Cl) --- --- --- !:: '0 r/) -.:t -.:t lr) Cl) 0 0 0 0 ~ ~ !:: ..... Cl) I-< ..!:: 0... E-< ~ ~ ~ ;: ..... ...... ~ ~ ..... ..::: ...... -< ...... ~ \:i ~ G> ~ ..... :;:. Z ::: ~ \:i ~ '-l 0 ~ :... ~ ~ ~ ~ ...... ~ \:i ~ U ..... ...... :... ...... ..... ~ & ~ ~ :... ~ ~ 8 ~ \:i 00- 0 ~ ... :;:. ~ !:: ~ ..... Cl) ...... S ..0 ;:s ~ '-l 1:: == ... ::: ~ ..... 0 k1 Cl) 00- ~ .9- B ~ ..::: 0 !:: 0 t: ...... '0 ~ u c<:l ~ Cl) !:: ~ 0.. ~ S < ..t:l \:i 0.. ~ ..... c<:l ~ ~ < ... ... ~ ..- ~ 8 ~ % ..... ~ c<:l U Cl) r/) ~ .9- !:: ~ 8 '" !:: ~ ;::l '" ..::: 0 Cl) ..... ...... t: ..- ..... u ~ c<:l U '" ~ .c u Cl) S ~ .c 0 !:: ~ ..t:l ~ ..... ..- c<:l 8 ~ ..... ~ I-< Cl) 5h u 0 !:: .s ~ .s ..... 0 ~ I-< Cl) '" '" Cl) I-< ~ '-l ..s u g !:: I-< ~ 0.. ~ ~ ~ !:: Cl) 0 ..!:: c<:l < Cl) Cl) !:: Cl) OJ) '.g s ..... t:t ..... ... :> ~ .;; 0 ... I-< !:: 0 ....... ..... !:: ~ Cl) 2 Cl) ..... g- o ~ ~ :... ~ ~ Cl) 0.. ~ ..!:: ... ~ ~ B d ~ ... t:: :... S u ..... (/) '" ~ '" ..... E ~ u ~ '" 0 -Cl) "'\:i -Cl) S !:: I 0 Cl) 0.. Cl) ~ ..... !:: >> ..- !:: "'\:i Cl) 0 0 "'0 ..- g- ... t:: Z 0 0 u Cl) OJ) ... ~ 0.. c ..... ::: ..... ..... !:: ~ !:: S ..... 0.. 0 ~ ... ..- '" ~ ~ Cl) c<:l 0 c<:l ..... ::: ~ 0($ < +- U g- o.. S ~ ..- 0 s ~ u S ..- Cl) Q.) ..... ... ~ ~ ~ '" Cl) ~ ..- 0 (i) c<:l ~ U S 0 ... ~ 0 ~ z Cl) u "'0 ~ !:: U ~ 0 u Cl) ..... l/l !:: 0 ;::l '" "'0 Cl) ~ 0 '-l .;; u .... >> ~ s ... 0 8 B 0 OJ) '-l ~ Cl) Cl) !:: Q.) 8 '& ..... !:: ... .5 ~ ~ :> ~ ;::l .0 0 ... Cl) .c .c ..... Cl) ... ~ ..... 0 E 0.. '" ~ g ... 0.. '-" ... Cl) .-.. ;::l '" U Q.) Cl) '" 0 Cl) ~ ~ S Cl) .g I-< ..... ..... ~ .-.. u O:l E ..- ..- .c ..- '" 0.. ..... ..... '" ........ ........ Cl) x 0 ... c<:l ~ ~ .D 0 Cl) ~ ....... ..... !:: ~ ~ ..... Z U E-< ::c: < u ~ ~ U .C ....... +-' co E I 138-6 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONL V: JUNE 6, 2005 TITLE: APPROVED APPROPRIATION ADJUSTMENT - FIFTEEN PERCENT GOVERNOR'S WORKFORCE INVESTMENT ACT AND WAGNER-PEYSER ACT GRANT 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 J \ {~~[l{2,~ CI Y MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve an Appropriation Adjustment accepting State of California Fifteen Percent Governor's Workforce Investment Act funds in the amount of $720,000 and Wagner-Peyser Act funds in the amount of $80,000 into revenue account (account no. 123-01-5350) and appropriate the same to various expenditure accounts (account nos. 123-198-various and 123-199-various) . 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the State of California accepting $800,000 for an employment and retraining program for dislocated workers in the manufacturing industry. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the City of Anaheim in an amount not to exceed $262,000 to provide services to dislocated workers In the manufacturing industry who reside in Anaheim. 4. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with The Academia in an amount not to exceed $79,728 to provide workplace li teracy and technical skills to eligible grant participants from Santa Ana and Anaheim. DISCUSSION On March 22, 2005, the State of California announced the award Workforce Investment Act (WIA) and Wagner-Peyser Act funds to Santa Ana to be administered by the Santa Ana W/O/R/K Center. Center, in partnership with the Ci ty of Anaheim Workforce of $800,000 the City of The W/O/R/K Center, The 20A-1 Fifteen Percent Governor's WIA and Wagner-Peyser Act Grant June 6, 2005 Page 2 Academia, and various colleges will establish a program to enhance workforce development services for Santa Ana and Anaheim residents who have been dislocated from the manufacturing industry. This employment and retraining program will help minority low-income participants build workplace literacy and technical skills. The project is designed to link training opportunities provided by both public and private agencies and to increase participants' wage gaining potential. The project will enhance the self-sufficiency of the target group with the ultimate goal of meeting employer needs for a skilled workforce, which in turn will help revitalize the region's economy. This grant is authorized for an 18-month period from March 1, 2005, through August 31, 2006. A total of 125 Spanish-speaking individuals from Santa Ana and Anaheim will receive assistance in improving their workplace li teracy and technical skills. The Santa Ana W/O/R/K Center and the Anaheim Workforce Center will provide case management, supportive services, assessment, referrals to training, job placement and job retention services. The Academia will provide Vocational English as a Second Language classes, computer and manufacturing training as well as industry specific training. The Academia will also provide On-the-Job training and supportive services. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the Fifteen Percent WIA Governor's Grant account (account no. 123-198- various) and the Fifteen Percent Wagner Peyser Governor's Grant account (account no. 123-199-various). APPROVED AS TO FUNDS AND ACCOUNTS: JPu~~'~~~ ~ "Executlve Dlrector Community Development Agency +~\'N",,~r--t) ~~.. - Francisco G~tierrez ~ Executive Dlrector Finance & Management Services Agency PCW/LM/mlr H:\ACTIONS\2005 CC\15% Governors WIA&Wagner-PeyserAct Grant 6-6-05.doc 20A-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: JUNE 6, 2005 TITLE: CONTRACT AMENDMENT FOR MISCELLANEOUS PLUMBING SUPPLIES (SPEC. NO. 02-078) CLERK OF COUNCIL USE ONLY: 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 ~ ( //)../7 C --C2c"I.~-./ ~eL~__ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Amend the contract with Irvine Pipe & Supply by $10,000 for the purchase of miscellaneous plumbing supplies, in an annual amount not to exceed $45,000. DISCUSSION The City establishes an annual list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. Irvine Pipe & Supply has been a provider of miscellaneous plumbing supplies to the Parks, Recreation and Community Services and Public Works Agencies. Irvine Pipe & Supply, a Santa Ana vendor, offers reliable service, competi ti ve pricing, and has consistently been the lowest responsive bidder on low cost items. On July 19, 2004, the City Council awarded a contract to Irvine Pipe & Supply for miscellaneous plumbing supplies. An increase in demand for plumbing supplies, and special purchases of non-contract items such as solenoid and butterfly valves for the Public Works Agency has caused the current contract limit to be exceeded and requires City Council approval. Staff requests approval to increase the contract limit to Irvine Pipe & Supply, Inc. to provide uninterrupted purchases of miscellaneous plumbing supplies. 22A-1 CS 38J Contract Amendment for Miscellaneous Plumbing Supplies (Spec. No. 02-078) June 6, 2005 Page 2 FISCAL IMPACT Funds are available in the Recreation and Community Services and Public Works Agencies' Operating Materials & Supplies accounts (object code 6391) . APPROVED AS TO FUNDS AND ACCOUNTS: . ~ \ .- / .)( ~ ~~~tAJ ~ "-t...... '7Francisco Gutierrez -r:.. J Executive Director r~ Finance & Mgmt. Services Agencyt- --" Gerardo Mouet Executive Direc or Parks, Rec. & Comm. Svcs. Agency J es . Ross xecutive Director Public Works Agency GM/JGR/WO/02-078-A.89:sp 22A-2 REQUEST FOR COUNCIL ACTION ~ ~f,d"e8 t I On Is/;! ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: CONTRACT AMENDMENT AND RENEWAL FOR COMPUTER, PRINTER, AND TYPEWRITER SUPPLIES (SPEC. NO. 02-091) 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 i . / I / / ~. l~p/{) ;Z~ CITY MANAGER CONTINUED TO - FILE NUMBER RECOMMENDED ACTION 1. Amend the contract with Corporate Express Imaging printer and typewriter supplies by $20,000 for a exceed $71,000. for computer, total not to 2. Renew the contract with Corporate Express Imaging for computer, printer, and typewriter supplies for a one-year period in the annual amount not to exceed $71,000. DISCUSSION The Central Stores section of the Finance and Management Services Agency provides computer cartridges and printer and typewriter ribbons as necessary to maintain the needs of various departments throughout the City. The contract for computer cartridges and ribbons is designed to provide quality products at a significant savings based on quantity pricing. On August 19, 2002, the City Council awarded a contract to Corporate Express Imaging for a two-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. 228-1 CS 383 Contract Amendment and Renewal for Computer, Printer, and Typewriter Supplies (Spec. No. 02-091) June 6, 2005 Page 2 Projected usage has been recalculated for the current contract period. Based upon increased usage of computer equipment supplies such as data linear tapes, and toner cartridges for fax machines and printers, an amendment to the contract is necessary. Therefore, staff recommends amending the contract to allow for uninterrupted service to the City. FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391) ~ ~~~~~,.o '?\~~ ,::0>Francisco Gutierrez t: ( v Executive Director rw Finance and Management Services Agency 1/ ;.J FG/SH/02-091-AR.2:sp 228-2 REQUEST FOR COUNCIL ACTION ~ ~~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: CONTRACT AWARD FOR INFRARED CAMERA (SPEC. NO. 05-030) 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 /~'..' ; I '~)7.' 2' ,/, /' i/' ~L' //y V 'CL~ CITY MANAGER CONTINUED TO 'tV FILE NUMBER RECOMMENDED ACTION Award a contract to FLIR Systems, Inc. for an infrared camera in the amount of $16,726.25. DISCUSSION The Public Works Agency's Water Resources Division is responsible for the maintenance and repair of the City's water system. In order to facilitate repairs, an infrared camera will be used as a diagnostic tool to detect overheating conditions in pumps, motors, seals, bearings, wiring systems, and transformers. Overheating is the main indicator of potential system problems and if detected early, critical water system failures and costly repairs can be prevented. The notice inviting bids was advertised on March 9 and 11, 2005, and bids were solicited. A summary of the bid invitations and bids received is as follows: 8 Invitations For Bid mailed 4 Bids received Bids were received, opened on May 10, 2005, and evaluated (Exhibit 1). The bid from FLIR Systems, Inc. is responsive to the specification. 22C-1 CS 383 Contract Award for Infrared Camera (Spec. No. 05-030) June 6, 2005 Page 2 FISCAL IMPACT Funds are available in the Water Utility Water Production and Supply Machinery & Equipment account (account no. 64-574-6641). APPROVED AS TO FUNDS AND ACCOUNTS: J es G. Ross xecutive Director Public Works Agency .y ,() ~~~l\\.~1' 0 1\ ~~. -.. Francisco Gutierrez 'fJ Executive Director Finance & Mgmt. Services Agency JGR/WO/05-030.9:sp 22C-2 ABSTRACT OF BIDS CONTRACT AWARD FOR INFRARED CAMERA (Spec. 05-030) Vendor FUR Jens Hansen Infrared Test and Systems, Inc. Engineering Inc. Measurement, Inc. Location Billerica, MA Arroyo Grande Reno, NV Ventura Payment Terms Net 30 Net 30 Net 30 Net 30 Infrared Camera $13,950.00 $18,995.00 $22,050.00 $21,000.00 Camera Software $ 3,500.00 $ 995.00 Incl w/Camera Incl w/Camera Package Discount ($ 1,950.00) ($ 350.00) None None Sales Tax @ 7.75% $ 1,201.25 $ 1,522.10 N/A $ 1,627.50 Shipping Charge $ 25.00 No Charge $ 75.00 No Charge Total Bid Amount $16,726.25 $21,162.10 $22,125.00 $22,627.50 EXHIBIT 1 22C-3 22C-4 REQUEST FOR COUNCIL ACTION ~ "'~ CiTY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: CONTRACT AWARD FOR BODY ARMOR VESTS (SPEC. NO. 05-036) 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 Ji QJ}{)a- CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Carmen's Uniforms, Inc. for the purchase of body armor vests in the amount of $32,273.28. DISCUSSION The City of Santa Ana maintains a 480-bed holding facility, which houses inmates during the arraignment and hearing process. Body vests are available to Detention Officers as protective gear. In order to provide the vests, a notice inviting bids was advertised on April 1 and 4, 2005, and bids were solicited. A summary of the bid invitations and bids received is as follows: 30 Invitations For Bid mailed 2 Invitations For Bid mailed to Santa Ana vendors 3 Bids received 1 Bid received from a Santa Ana vendor Bids were received and opened on April 13, 2005 (Exhibit 1). The bid received from Carmen's Uniforms, Inc., a Santa Ana vendor is responsive to the specifications and meet the City's requirements. 220-1 CS :)83 Contract Award for Tactical Body Armor Vests (Spec. No. 05-036) June 6, 2005 Page 2 FISCAL IMPACT Funds are available in the Inmate Welfare Fund Operating Materials & Supplies account (account no. 23-349-6391). APPROVED AS TO FUNDS AND ACCOUNTS: I" \,,(; \" L;{.vl...' It." Paul M. Walters Chief of Police '::\N\..~~l'"...." ~ .....~~ Francisco Gutierrez ~/ Executive Director 'r~ Finance & Mgmt. Services Agency PMW/TO/05-036.7:sp 220-2 ABSTRACT FOR BIDS - 05-036 TACTICAL BODY ARMOR VESTS BIDDER: CARMEN'S UNIFORM, INC. GALLS/UNIFORM CENTER LOC: SANTA ANA, CA ORANGE, CA TERMS: NET 30 NET 30 TACTICAL VEST: $29,952.00 $40,753.70 7.75% TAX: $ 2,321.28 $ 3,158.41 TOTAL: $32,273.28 $43,912.11 BIDDER: LOC: TERMS: ADAMSON POLICE PRODUCTS LOS ALAMITOS, CA NET 30 TACTICAL VEST: $37,266.58 7.75% TAX: $ 2,888.16 TOTAL: $40,154.74 BID AWARD SUMMARY: CARMEN'S UNIFORMS, INC. $32,273.28 EXHIBIT 1 220-3 220-4 REQUEST FOR COUNCIL A,CTION ~ "'~ CITY COUNCIL MEETING DATE: JUNE 6, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR FLOOR COVERING SERVICES (SPEC. NO. 05-050) 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 d /-/iJ I, / . . .' /7 } l..frJ~c ".' '/ ,;~u,,",--______ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to JJJ Floor Covering, Inc. for floor covering services for a two-year period with provision for two one-year renewals in an annual amount not to exceed $85,000. DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. Floor covering services are required at times by all City departments for the purposes of general maintenance, building modifications, and renovation. The contract for floor covering services will provide fixed pricing for removal and installation of carpet, vinyl tile, and wallbase for all City departments. The notice inviting bids was advertised on April 27 and 29, bids were solicited. A summary of the bid invitations received is as follows: 2005, and and bids 24 Invitations For Bid mailed 10 Invitations For Bid mailed to Santa Ana vendors 1 Bid received 22E-1 CS 38:J Contract Award for Floor Covering Services (Spec. No. 05-050) June 6, 2005 Page 2 Bids were received and opened on May 9, received from JJJ Floor Covering, specification. 2005, Inc. and evaluated. is responsive The bid to the FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair of Buildings & Grounds accounts (object code 6261). . \.\.....\\ :':- X '1\.t'.~t'j~J..l )~ (~~Francisco Gutierrez ,c_J Executive Director r~ Finance and Management Services Agencyy .J FG/BP/05-050.2:sp 22E-2 REQUEST FOR COUNCIL ACTION ~ ~~ CITY COUNCIL MEETING DATE: JUNE 6, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR GENERAL CONTRACTING SERVICES (SPEC. NO. 05-053) 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 I~ /) //0 ~~i/-l'<- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to KCK Construction Co. for general contracting services for a two-year period with provision for two one-year renewals in an annual amount not to exceed $85,000. DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. General contracting services are required at times by all City departments for the purposes of general maintenance, building modifications, and renovation. The contract for general contracting services will provide fixed pricing for multiple trades including carpentry, concrete work, paper hanging, welding, suspended ceiling installation, and sheet metal work for all City departments. The notice inviting bids and bids were solicited. received is as follows: was advertised on April 29 and May 2, 2005, A summary of the bid invitations and bids 12 Invitations For Bid mailed 1 Bid received 22F-1 CS :183 Contract Award for General Contracting Services (Spec. No. 05-053) June 6, 2005 Page 2 Bids were received and opened on May 12, 2005, and evaluated. The bid received from KCK Construction Co. is responsive to the specification. FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair of Buildings & Grounds accounts (object code 6261). . ~~ ::a.. '- -- ,,/ \C\r'\~~ \ ~...... ) ....." "- J (If Francisco Gutierrez ,C) Executive Director ~ Finance and Management Services Agency ~ FG/BP/05-053.2:sp 22F-2 REQUEST FOR COUNCIL ACTION ~ ~~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: CONTRACT AWARD FOR CARGO TRAILERS (SPEC. NO. 05-054) 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 tJv.. /. /1. . ,. ..' ./ r~....-/ / /,'- ~. u~-~t~ ,/ .-/2 CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Garrett Custom Trailers for the purchase of four cargo trailers in the amount of $22,440. DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This ini tiati ve was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The Police Department requires four cargo trailers to be used as Weapons of Mass Destruction (WMD) equipment trailers. The trailers will store and transport a cache of Weapons of Mass Destruction (WMD) personal protective equipment, such as Chemical Biological protective ensembles and air purifying respirators. The trailers will be strategically positioned throughout the Santa Ana Urban area to facilitate a rapid response to any WMD event or terrorist incident. 22G-1 CS 383 Contract Award for Cargo Trailers (Spec. No. 05-054) June 6, 2005 Page 2 The notice inviting bids and bids were solicited. received is as follows: was advertised on April 29 and May 2, 2005, A summary of the bid invitations and bids 4 Invitations For Bid mailed 3 Invitations For Bid received Bids were received and opened on May 13, 2005 (Exhibit 1). received from Garrett Custom Trailers is responsive specifications and meets the City's requirements. The bid to the FISCAL IMPACT Funds for are available in Areas Security Ini tiati ve (account no. 125-331-6641). the Office of Emergency Services (OES) Urban (UASI) Grant Machinery & Equipment account APPROVED AS TO FUNDS AND ACCOUNTS: ( t-, I ~" f, (/,.~\ Paul M. Walters Chief of Police ,\ "\ ~\\t'..~~l.~A::> ~X.. -. '-;rtFrancisco Gutierre z ~. ) Executive Director rw Finance & Mgmt. Services Agenc~~ PMW/TO/05-054.7:sp 22G-2 ABSTRACT FOR BIDS - 05-054 CARGO TRAILERS BIDDER: GARRETT CUSTOM TRAILERS QUALITY TRAILER SALES TERMS: LOC: NET 30 SIMI VALLEY, CA NET 30 ESCONDIDO, CA CARGO TRAILERS: $16,260.00 $24,836.00 OPTIONS - INSTALLED: $ 4,540.00 Included in above costs TIRE FEE: (NON-TAX) $ 28.00 Not applicable 7.75% TAX: $ 1,612.00 $ 1,924.79 $22,440.00 $26,760.79 TOTAL: BIDDER: YUCAIPA AUTO & TRAILER CENTER TERMS: LOC: C.O.D. REDLANDS, CA CARGO TRAILERS: $26,000.00 OPTIONS - INSTALLED: $ 6,000.00 TIRE FEE: Not applicable 7.75% TAX: $ 2,480.00 TOTAL: $34,480.00 BID AWARD SUMMARY: $22,440.00 GARRETT CUSTOM TRAILERS EXHIBIT 1 22G-3 22G-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: CONTRACT AMENDMENT FOR DIGITAL CAMERAS AND EQUIPMENT (SPEC. NO. 05-062) 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 if {2i<4JC2..-- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Amend the contract with Samy's Camera to increase the aggregate limit .~. by $10,000 for digital cameras and equipment for an annual amount not to exceed $20,000. DISCUSSION The City establishes an annual list of suppliers providing digital camera equipment required by agencies on a regular basis. The demand for digital cameras and equipment for the departments has increased significantly. Digital camera images can be captured and loaded in a computer system for enhancement, printing, and ultimately stored for future reference. In addition, digital cameras are more cost effective for departments since this equipment does not require the cost for film and film processing. Digital cameras and equipment are competitively quoted and Samy's Camera has consistently been the lowest responsive bidder based on pricing, quality of goods and delivery schedule. The increase in demand for digital cameras and equipment this fiscal year exceeds the $10,000 aggregate limit and requires City Council approval. Staff requests approval to increase the aggregate limit for Samy's Camera to provide uninterrupted purchases of digital cameras and equipment as needed. FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). ,- A\ ~~;\'\ ~I' ..J ~ ~\(- ".... . ,./, Francisco Gutierrez ~ Executive Director Finance and Management service~~ti~~ CS 383 22H-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: JUNE 6, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARDS FOR COPIER MAINTENANCE AND SUPPLIES (SPEC. NO.05-063) 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 : A/~/ /2/ //. ~.' /' h~ C .1 V <e',_- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award contracts for the purchase of copier maintenance and supplies for a two-year period in the following annual amounts not to exceed: Vendor: Amount: Canon Business Systems Danka Office Imaging Ikon Konica Minolta Business Solutions MWB Business Systems Xerox Corporation $15,000 $15,000 $15,000 $10,000 $15,000 $15,000 DISCUSSION The various agencies of the City of Santa Ana utilize copiers to facili tate daily operations. A contract providing' original equipment manufactured supplies and on-site , preventive maintenance for copiers is essential to minimize disruption. The copiers maintenance maintenance renewals on are proprietary and, as such, the City purchases contracts from authorized service companies. Initial and supply contracts range from three to five years, with a year-to-year basis. The recommended vendors have consistently been the lowest responsl ve bidders based on price, service response time, and contract coverage. As such, staff recommends approval of two-year contracts at the stated annual amounts. 221-1 383 Contract Awards for Copier Maintenance and Supplies (Spec. No. 05-063) June 6, 2005 Page 2 FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair of Machinery & Equipment accounts (object code 6281). ""-i ' ~ \-- -- \ "1\\...~~~,,~ ...) \L~~ ~Francisco Gutierrez ~ Executive Director Finance and Management Services Agency~ -' FG/KM/05-063.2:sp 221-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: JUNE 6, 2005 CLERK OF COUNCil USE ONLY: TITLE: CONTRACT AWARDS FOR CITYWIDE PRINTING (SPEC. NO. 05-064) 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 c:I /.. tt.. /' ,'; L-/t,< //~If2c______ FILE NUMBER CONTINUED TO CITY MANAGER RECOMMENDED ACTION Award contracts for the purchase of printing services for a two-year period in the following annual amounts not to exceed: Vendor: Location: Image Printing Solutions Mekong Printing Moore Wallace Southland Envelope Co., Inc. Stratacom Time Business Forms Printing Island Trefz Printing Co. Western Marketing Services Irvine Santa Ana Irvine Lakeside Irvine Fullerton Fountain Valley Anaheim Anaheim DISCUSSION Amount: $20,000 $40,000 $25,000 $25,000 $25,000 $20,000 $20,000 $15,000 $20,000 The City establishes an annual list of vendors providing services that are required by agencies on a consistent basis. The City's printing requirements include business cards, payroll checks, embossed City letterhead and certificates, multiple business forms, envelopes, and annual financial reports as well as four-process color brochures and folders. The recommended vendors provide printing specialties such as: four-color process, snap-out and continuous forms, embossing and foiling on letterhead, and higher volume of envelopes. The vendors are consistently the lowest priced, furnish proofs, and offer timely deliveries. All printing is assigned on a per-j ob basis after being competitively bid. As such, the recommended action will allow the City to purchase printing without interrupted service to the City agencies. 22J-1 - CS :3/U Contract Awards for Citywide Printing (Spec. No. 05-064) June 6, 2005 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). The amounts of the contracts are estimated, as the actual expenditures will depend upon the requirements throughout the annual period. ",:\~~',~1''' '\ \-~.. _. !-j~ Francisco Gutierrez -1'.) 1,1 Executive Director 'rvJr Finance and Management Services Agency FG/KM/05-064.2:sp 22J-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: APPROVED CONTRACT AWARD FOR NEW HORIZONS NEIGHBORHOOD STREET IMPROVEMENTS (PROJECT NOS. 04-7711, 04-7712 AND 04-7713) o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For / CONTINUED TO ----.., FILE NUMBER RECOMMENDED ACTION 1. Award a contract responsible bidder, estimated amount of street improvements. to LH Engineering Company, Inc., the lowest in accordance with unit bid prices for an $1,066,976.50 for the New Horizons Neighborhood 2. Approve a Funding Analysis with a total estimated construction cost of $1,333,400. DISCUSSION This proj ect provides for construction of new pavement, wheel ramps, and missing sidewalks and replacement of damaged sidewalks, gutters, crossgutters, and driveway approaches on various streets New Horizons Neighborhood (Exhibit 1). In addition, a storm drain will be constructed to alleviate flooding. Once completed, improvements will enhance the ride quality, surface drainage and appearance of the neighborhood. chair curbs, in the system these visual The Notice Inviting Bids was advertised on April 6 and 8, 2005, and bids were opened on April 22, 2005. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 4 Contractors requesting bidding documents: 9 Bids received: 4 Bids received from Santa Ana Contractors: 0 23A-1 New Horizons Neighborhood Street Improvements June 6, 2005 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. LH Engineering Company, Inc. 2. R.J. Noble Company 3. All American Asphalt 4. PALP, Inc., DBA Excel Paving Company Anaheim Orange Corona Long Beach $1,066,976.50 $1,105,770.50 $1,110,430.50 $1,244,620.00 A total of 4 bids were received and all were responsive. The lowest bid was submitted by LH Engineering Company, Inc. for $1,066,976.50, which is above the Engineer's estimate of $747,775. Rising oil prices have affected the price of asphalt and recent increases in concrete prices have resulted in the higher bids. ENVIRONMENTAL IMPACT After completion of Environmental Review No. 2005-68, 74, a Class 1 Categorical Exemption will be filed pursuant to the California Environmental Quality Act. 2005-73 and 2005- for the proj ect FISCAL IMPACT The funding analysis shows a total estimated construction cost of $1,333,400 for the project (Exhibit 2). Funds are available in the Community Block Grant Fund (Account No. 135-149-6931), the Select Street Construction Fund (Account No. 59-551-6631) and the Measure M Construction Fund (Account No. 32-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: J: / .' f..l--/'L.../j' . " ...,----.....' ~ / ~~ James G. Ross Executive Director Public Works Agency ///~~ ./ .. { t (,. d, . /' ,,/'- t~ U'a^ Francisco Gutierrez Executive Director Finance & Mgmt. Services AgenCr K:\Construction\RFCA-draft\04-7711 2005-06-06 90 WD 23A-2 ~l .=J :=J ~ ~ i LJ IMCFADDEN JU UU ~ ( ) I J I ~ NTS D ~ z ~ ~ LA VEFIfE a: ...J ~ ...J ::::> en w ELDER () :J 8OFlCHAFIO =:J Jo - If . ~ I' EDINGER . r-- SANTA ANA , PW A a , , fl&C _-. ~--""'- L City Council Agenda Date JUNE 6. 2005 ~ PROJECT LOCATION EXHIBIT 1 Title: Project No. 04-7711 a.DER AVENUE U'ROVEMENTS: SULLIVAN TO CENTER Project No. 04-7712 LA VERNE AVENUE U'ROVEMENTS: SULLIVAN TO CENTER AN) CENTER STORM DRAJt,I Project No. 04-7713 BOFICHARO ANVENUE IMPROVEMENTS: SULLIVAN TO CENTER 23A-3 FUNDING ANALYSIS PROJECT NOS. 04-7711, 04-7712 AND 04-7713 NEW HORIZONS NEIGHBOREHOOD STREET IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies $1,066,977 39,100 71,400 49,200 106,723 TOTAL ESTIMATED CONSTRUCTION COSTS $1,333,400 Exhibit 2 23A-4 .4 ..... c " :0 d: c .~ 0 -( E ~. 0 -( ~ -( ... ... .. ~. ~ -<: '-' :r. o<l ... ... ... .. o. ;... ... ~ C :- " '-' -:; c o. 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N N '" '" '" ~, ~, .., .... .... .... ~, C'l "" ~;.; ~~ Q Q ;ice 23A-8 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 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 INSTALLATION OF SPEED HUMPS ON ADAMS STREET, RENE DRIVE, SHELTON STREET, PARK DRIVE, DIAMOND STREET AND SUSAN STR;:ET i uj(/ ~/}...- CITY MANAGER CONTINUED TO ~ FILE NUMBER RECOMMENDED ACTION Approve the funding and installation of speed humps on Adams Street, Rene Drive, Shelton Street, Park Drive, Diamond Street, and Susan Street. ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (ETAC) RECOMMENDATION: Recommend the City Council approve the funding and installation of speed humps on Adams Street, Rene Drive, Shelton Street, Park Drive, Diamond Street, and Susan Street, as proposed, by a vote of 5:0 at the meeting of May 12, 2005 (Loverin and Oregel absent). DISCUSSION On June 12, 2003, ETAC approved the areas of impact for advisory polling of speed humps on Adams Street, Rene Drive and Shelton Street (Exhibits 1, 2 and 3). More recently, on March 10, 2005, ETAC approved the areas of impact for advisory polling of speed humps on Park Drive, Diamond Street, and Susan Street (Exhibits 4,5,and 6). A neighborhood meeting was held on March 31, 2005, to explain the speed hump and advisory polling processes. On April 4/ 2005, staff mailed the advisory poll forms for Adams Street, Rene Drive, Shelton Street, Park Drive, Diamond Street and Susan Street to the eligible participants in each area of impact. The poll forms were to be returned, postmarked no later than April 20, 2005, to be valid. The poll results are as follows: 238-1 Installation of Speed Humps June 6, 2005 Page 2 Adams Rene Shelton Park Diamond Susan Street Drive Street Drive Street Street Total Poll forms 44 291 146 80 103 126 Mailed Valid Poll forms returned in Favor 17 37 21 38 27 12 of the Speed ( 94%) (100%) (88%) (97%) (100%) (100%) Humps For each of the six streets the installation of speed humps showed strong community support. Since the project is consistent the City procedures and guidelines, ETAC recommended the installation of speed humps on Adams Street, Rene Drive, Shelton Street, Park Drive, Diamond Street and Susan Street at their May 12, 2005 meeting. Following City specifications, early 2006. Council approval, staff will prepare the design, and bid package. Construction is expected to begin in ENVIRONMENTAL IMPACT After completion of the Environmental Review, a Categorical Exclusion will be filed pursuant to the California Environmental Quality Act. FISCAL IMPACT The estimated cost to install six speed hump locations is $49,900. Funds are available in the Neighborhood Traffic Mitigation Fund (account no. 59-551-6631, project no. 04-1002). APPROVED AS TO FUNDS AND ACCOUNTS: Jd!-::-z; ~ /"-~ Executive Director Public Works Agency '\~~~;~~.) \ :~... , Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~ 238-2 N SANTA ANA , PW A ' , , Plat _s IllJV I l LORA ST. !.! '" ~ ..: ... ~ II) ALL ~ ... ,; '" oC AV. CENTRAL ................. .......... .......... .......... ~ ~ oC i!: 6 lieF ADOEN JR.H1. i · .... ~ !.! !o u oC ... a: i ... THOUAS JEFFERSON HEMLOCK '1fT. AV. SEGERS TROM l II 1 r II . I LEGEND ~ 8PEB) HJMP smEET SE<>>.ENT I PFELMNARY ArEA OF IAPACT PROPOSED SPEED HUMP SEGMENT AND AREA OF IMPACT ADAMS STREET CITY COUNCIL Agenda Date JUNE 6, 2005 Title: INSTALLATION OF SPEED HUMPS ON ADAMS STREET, RENE DRIVE. SHELTON STREET, PARK DRIVE, DIAMOND STREET AND SUSAN STREET L ~ '" i!: III II ~"",,paD~flft:ACII.CIIDCIN EXHIBIT 1 238-3 SANTA ANA , PW A a , , PIal ..S GIltT ...J L-J I l=OINGFR AVENUIi. I CARL TON Pl. \ ' , \ ST. ~j ~ 'VI ~ ,C ~ ',-..J 0: ',g , 0 " OCCIOENT AI. ST. .'.'......... . RWPl, ~I HARVARD I L--J L--J L-.-J I L z o Z ~ ...J ~ C VI STANFORD ST. ilONA ST. ,: c RKELEY 0 ST. tn z l!i !;J ,.: ! Q. (; .. 0: o !.! '" u C 0. SEPUlVEDA CAlIDEN PL. ST.ANNE PL. ST. ANNE Pl. ~ P ~ ~ ~ '" ~ VI ~ ... 0: 0 If) ... ~ --' 0 l- =:J I LEGEND 11 ~ SPEED tI.M' STFEET SEGMENT I I PREl..MWrr AfEA OF I/PACT PROPOSED SPEED HUMP SEGMENT AND AREA OF IMPACT RENE DRIVE CITY COUNCIL Agenda Date JUNE 6, 2005 Title: INSTALLA 1lON OF SPEED HUMPS ON ADAMS STREET, RENE DRIVE, SHELTON STREET, PARK DRIVE, DIAMOND STREET AND SUSAN STREET N ~~tf.IIP"IrRIIl~.IIPCA...... EXHIBIT 2 238-4 -11 II II 1ST ST IL-J L ] /.~~, IDI "II ) [ ] Ipl~ I. .J ill ST. I[ AV. [ IIYRTLE N I- J <II ...J CAIIU ,; CAIlILE 0 l- e If) CJ~ <t - BISHOP ~ ~[ a: CO ]1 sJ BISHOP j 8 0: . '" '" '" >< 0 ] RICHLANO e 0: CD LOWELL I I HIGHLAND ST. ROOK ST. r I CUBBON ~ I ST. I CUBBON ~J - ST. -l[ I j I II McFADDEN AVE I r---l II I I 1111 r--I r--J II r- LEGEND ~ SPEED HUMP STFEET SEGMENT I I f'AEUANARY MEA OF IIPACT PROPOSED SPEED HUMP SEGMENT AND AREA OF IMPACT SHELTON STREET SANTA ANA 'PWA t , , PIal: ... .ocoa CITY COUNCIL Agenda Date JUNE 6, 2005 Title: INSTALLATION OF SPEED HUMPS ON ADAMS STREET, RENE DRIVE, SHELTON STREET, PARK DRIVE, DIAMOND STREET AND SUSAN STREET ~tuI rl1ll Dr.... fPC'A..~ EXHIBIT 3 238-5 -! I~ I ) I I I J I I l -1 I J L I EDINGER ..: II> D ..: II> MATER DIE T ANFORD 5 . . t- HIGH SCHOOL <Il a: ..... -' Z -' OMONA 5T '" ..... 0 '" .... 0 -' W ....I > 0 c:( N .... <Il - BERKELEY Cl: z CD ~ 0 l- et: ....I W ..... ~ :>: II> 0 ...J <l LA- l 5 T. ANDREW PL. ) ". [] D [ l \ , ') I I~ ~ r LEGEND ~ SPEED tUAP STREET SEGMENT I F'fIEl.t.AtWW MEA OF tlPACT PROPOSED SPEED HUMP SEGMENT AND AREA OF IMPACT P ARK DRIVE SANTA ANA tpWA ' , , OIaC ...5 IlIJCt CITY COUNCIL Agenda Date JUNE 6, 2005 Title: INSTALLATION OF SPEED HUMPS ON ADAMS STREET, RENE DRIVE, SHELTON STREET, PARK DRIVE, DIAMOND STREET AND SUSAN STREET Kl\~N.II 4"IU ~ IPQ\OI." EXHIBIT 4 238-6 ..J l__ WilLITS 1 J 0 > Z <l. 0 <l. a:: ::!i <l. <l. ...J is ST. [ MONTE VISTA V> W ...J a:: <l. :I: U ................ ...... ............................... ............................... ..... ................. ... .... V> ..... ::: V> ::: w::: ~ .:.:.: ~ ~~I L:l :::, .::~::::::X~f:~gt\::::::.:: -, r I ( I r LEGEND --1 I L ..: V> o o o ~ >- >- ...J ...J W :I: V> MARK 5 . ~E ~ ..: V> o z w V> Z ~ o t- ..: V> o z o ::!i <l. is t- V> a:: w t- Z W U / JEROME PARK I McFADDEN ~ I ~ SPEED tu.f'> STFEET SEGMENT I PFEI....IAtWIY MEA OF tlPACT PROPOSED SPEED HUMP SEGMENT AND AREA OF IMPACT DIAMOND STREET lIAN1'A NlA , PWA · , , --- CITY COUNCIL Agenda Date JUNE 6, 2005 Title: INSTALLATION OF SPEED HUMPS ON ADAMS STREET, RENE DRIVE, SHELTON STREET, PARK DRIVE, DIAMOND STREET AND SUSAN STREET t- V> L l V. N t- V> t- t- <t a:: [ I r ~.-.m......"... Vr'" --.~..~ EXHIBIT 5 238-7 II 1ST ST. ) I \\ .J Q. >- w -' ~ w lJ) 0: w X I- Z :J U LEGEND .....: .....: II> II> 0: w X I- Z :J c.:> ST. N / / 7TH 5TH :iil ST. ,.: II> QUIET VILLAGE TR. PARK ,.: II> z o II> '" U <I: .., Z <I: II> :J II> ~ SPEED HUMP STFEET SEGMENT f'fEl...IAtWn' A1EA OF U>ACT PROPOSED SPEED HUMP SEGMENT AND AREA OF IMPACT SUSAN STREET SANTA ANA · PW A ' , , ..... ... CICf CITY COUNCIL Agenda Date JUNE 6, 2005 Title: INSTALLATION OF SPEED HUMPS ON ADAMS STREET, RENE DRIVE, SHELTON STREET, PARK DRIVE, DIAMOND STREET AND SUSAN STREET EXHIBIT 6 238-8 .. ~"""''''''''''''N__OI.GIDmI REQUEST FOR COUNCIL ACTION ~ ~ta!~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-01 FOR THE PROPERTY LOCATED AT 926 NORTH OLIVE STREET APPROVED D As Recommended D As Amended o Ordinance on 1st Reading D Ordinance on 2nd Reading D Implementing Resolution o Set Public Hearing For \.> -~ a~ ,4aL CI Y MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Oscar and Mary Catherine Estrada, property owners, for the structure located at 926 North Olive Street. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Oscar and Mary Catherine Estrada, property owners, for the structure located at 926 North Olive Street at its May 5, 2005 meeting by a vote of 9:0. DISCUSSION After the public hearing on May 5, 2005, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25A-1 HPP Agreement No. 2005-01 June 6, 2005 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $58.41 to $292.05 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: 1~ 1 i/)- .~ J.t. //2~ / Stephen G. Haiding Executive Director Planning & Building Agency ~~~~) 't.~r-.-, Francisco Gutierrez Executive Director Finance & Management Services Agenc~~~ HS:rb hs\historic info\mills act agreements\HPPA05-01.cc 25A-2 REQUEST FOR Historic Resources Commission Action ~ ~ HISTORIC RESOURCES COMMISSION SECRETARY HISTORIC RESOURCES COMMISSION MEETING DATE: MAY 5, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-01 FOR THE PROPERTY LOCATED AT 926 NORTH OLIVE STREET APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ~ ~7fi. Director ~anning Manager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Oscar and Mary Catherine Estrada, property owners, for the structure located at 926 North Olive Street. DISCUSSION Request of Applicants The applicants, Oscar and Mary Catherine Estrada, property owners, request the approval of Historic Property Preservation Agreement No. 2005-01 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subj ect property includes a one-story residence and a detached, single-car garage located at 926 North Olive Street and is within the Washington Square neighborhood. Surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25A-3 HPPA No. 2005-01 May 5, 2005 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in November 2003 by the Historic Resources Commission (Exhibit 1) Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2). A review of the property indicates that this Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ~~ Assistant Planner II ~~ Senior Planner HS:JM hs\historic info\mills act agreementS\926_N_Olive\hppaOS-Ol.hrc 25A-4 EXECUTIVE SUMMARY VEATCH HOUSE 926 North Olive Street Santa Ana, CA 92706 NAME Veatch House I REF. NO. ADDRESS 926 North Olive Street CITY Santa Ana ZIP I 92706 I ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT IN/A NEIGHBORHOOD I Washington Square NATIONAL REGISTER CRITERIA FOR EV ALUA TION Ic NATIONAL REGISTER STATUS CODE 15S1 Location: 0 Not for Publication C8] Umestricted o Prehistoric C8] Historic o Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadaiia); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls, The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone. SUMMARY/CONCLUSION: The Veatch House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period," the Spanish Colonial Revival. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Washington Square neighborhood and is a "good example of period architecture" as a highly intact example of a one-story Spanish Colonial Revival home from the 1920s (Municipal Code Section 30-2.2)." EXPLANATION OF CODES: · National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. · National Register Status Code: (From Appendix 2 ofInstructions for Recording Historical Resources, Office of Historic Preservation) 5S1 Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. 2U~51 Primary # HRI# State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page -.L of ~ Resource name(s) or number (assigned by recorder) Veatch House P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Anaheim TCA 0054 Date: *c. Address: 926 North Olive Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number: 405-183-43 N TR 455 Lot 42 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Located on the southwest corner of North Olive Street and West Tenth Street, this is a one-story residence in the Spanish Colonial Revival style. Primarily flat-roofed, the house has a stepped parapet over the south half of the principal (east) fayade, a side gable over the north half of the principal fayade, and a shed roof atop a projection on the north elevation. Both the roof parapet, the gable, and the shed are covered in red clay tile. Stucco finishes the exterior walls. A covered patio, illuminated by arched openings detailed with impost moldings, is located beneath the projecting, side-gabled wing. The arch motif is repeated in the shed-roofed projection. Windows are a combination of double-hung sash and casement in type. A grouping of three one-over-one double-hung sash is centered beneath the stepped parapet. Over it, a wooden pergola attached to the fayade is a compatible, though non-original upgrade, A stucco-covered chimney is attached to the north elevation. Recent re-Iandscaping and the addition of over-scaled urns to the arched openings have enhanced the properly, which retains a high degree of integrity. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Properly *P4. Resources Present: -Building DStructure o Object DSite DOistrict DElement of Oistrict DOther P5a. Photo *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. P5b. Photo: (view and date) East elevation May 2003 *P6. Date Constructed/Age and Sources: _historic 1925/ Source: City of Santa Ana Building Permits *P7. Owner and Address: Oscar and Mary Catherine Estrada 926 North Olive Street Santa Ana, CA 92703 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: August 29, 2003 *P10. Survey Type: Intensive Survey *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DOistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) 25A'Jf6 *Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page ~ of ~ *NRHP Status Code 5S1 *Resource Name or #: Veatch House 81, Historic Name: Veatch House 82. Common Name: Same 83. Original Use: Single-family Residence 84, Present Use: Single-family Residence *85. Architectural Style: Mission/Spanish Colonial Revival *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1925. September 23, 1925. Residence and garage, February 18, 1936. Alter residence. February 15, 1944. Reroof. October 17, 1952. Replace garage doors and extend front 2'. March 10, 1997, Reroof. March 14, 2000, Master bathroom addition, *87. Moved? -No DYes DUnknown Date: *88. Related Features: Original Location: Garage. 89a, Architect: Unknown b, 8uilder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope, Also address integrity) The Veatch House is architecturally significant as a good example of the Spanish Colonial Revival style of the 1920s applied to a one-story residence. It was built in 1925 for F. L. Veatch, In the 1940s and 1950s, the house was the home of Mabel Townsend Lowell, the wife and presumed widow of Joe Lowell, the subdivider of Lowell Street. (See Continuation Sheet 3 of 3.) 811, Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) Sketch Map *814. Evaluator: Leslie J. Heumann i .. 813, Remarks: *Date of Evaluation: August 29, 2003 (This space reserved for official comments.) 25A~7 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI# Page ~ of~ *Recorded by Leslie J. Heumann, SAle DPR 5238 (1/95) *810. Significance (continued): Trinomial Resource Name or # (Assigned by recorder) *Date August 29, 2003 Veatch House l:&l Continuation 0 Update *Required information Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Veatch House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes over the next 25 years had begun, In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War II. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ('Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The Veatch House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period." Stylistic signatures of the Spanish Colonial Revival such the stucco exteriors, tiled roof, asymmetrical composition, arched openings, and stepped parapet are notable in this regard. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Washington Square neighborhood and is a "good example of period architecture" as a highly intact example of a one-story Spanish Colonial Revival home from the 1920s. Character defining exterior features of the Veatch House that should be preserved include, but may not be limited to: materials and finishes (stucco); roof configuration and treatment; massing and composition; doors and windows; porches; garage; architectural detailing (impost moldings); and chimney. *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated EncvcloDedia. New York, WW Norton, 1998, Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1905-1945. 'Washington Square: A Neighborhood with Pride." Washington Square Neighborhood Association, no date. DPR 523L 25A:r8 MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE ~6103 HISTORIC PROPERTY PRESERV A nON AGREEMENT This agreement ("Agreement") is made and entered into this May 16, 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Oscar Estrada and Mary Catherine Estrada, (hereinafter referred to as "Owners"), owners of real property located at 926 North Olive Street, Santa Ana, California, 92703 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 926 North Olive Street, Santa Ana, CA, 92703 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. - 1 - ~~ MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 ofthe California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 16, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner ofnonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 25A-1 0 MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. 23SA-11 MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 Y2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any prOVISIons to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. - 4 - 25A-12 MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 926 North Olive Street, Assessor Parcel Number, 405-183-43, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account ofthe restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owners: Oscar Estrada and Mary Catherine Estrada 926 North Olive Street Santa Ana, CA 92703 - 5 - 25A-13 MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason ofthe Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the prOVlSlons of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. - 6 - 25A-14 MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice ofthe Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice ofthis Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager Property Owners Date: By: Oscar Estrada Date: By: Mary Catherine Estrada APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Deputy City Attorney - 7 - 25A-15 MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 Exhibit A Lot 42 of Tract 455, in the City of Santa Ana, as shown on a map recorded in book 17, page(s) 8, of Miscellaneous Maps, in the office of the County Recorded of said County. Assessor Parcel No. 405-183-43 - 8 - 25A-16 MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with - 9 - 25A-17 MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 10- 25A-18 MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 Exhibit C (photographs attached) - 11 - 25A-19 MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 25A-20 - MILLS ACT AGREEMENT 926 North Olive Street Santa Ana, CA 92703 " North elevation; note single hung wood window and patio door with sidelites .........:.*-..t... 1:;-,:<> .:..,....-':~~ (~'H.JI'- - 13 - 25A-21 I- 00 I I- o ~ . c..1 <C. :E ,. Z o - .... <C (J o I I- ..J · w o N I ~ ~ ~. I- r- to I 00 o . w if 8~ :: w I 0 > . ~ ~ Q I ~ O ~ · 0 I Z ~ I._._._._._._._._.~L O. zl CD N. 0)1 I- 00 e~ . .-.-.-.-.-.-.-.... . N I ~ ...... ...... . ~ I w 8 > . Q: I c . t ~ 25A-22 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: 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 AGREEMENT FOR A SECURITY MANAGEMENT SYSTEM WITH SECSOL, INC. AT WEST RESERVOIR CONTINUED TO //} 0'Cc(..,~ ANAGER FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with SecSol, Inc. doing business as Security Solutions in the amount of $171,638 plus a contingency of $17,200 for a total project amount not to exceed $188,838 to install a security management system at West Reservoir. DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative (UASI) grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The City has received approval to install a security management system at the West Reservoir located at 4426 West First St. The proposed system will include video surveillance equipment and motion sensors for the reservoir, pumping station and well nos. 20, 21, and 30. The cost of installing this system will be paid for with UASI funds. The City retained CyberNet Consulting, Inc. to design the security management system and provide technical assistance during the bid and installation processes. CyberNet prepared detailed specifications and a questionnaire to facilitate the selection of a qualified system supplier. 258-1 Agreement for a Security Management System With SecSol, Inc. at West Reservoir June 6, 2005 Page 2 A request for proposals was prepared and sent to fourteen firms. The proj ect was also advertised on April 18 and 19, 2005. Four proposals were received and evaluated by CyberNet Consulting, Inc. The four firms are as follows: FIRM FEE Northern Digital, Inc. SecSol, Inc. dba Security Solutions NetVersant - Southern California, Inc. Brassfield Communications, Inc. $248,796 $171,638 $189,857 $289,553 Based upon the information provided, all four firms are technically qualified to complete the project. Due to an extremely tight schedule mandated by the UASI, CyberNet rated Northern Digital as the highest recommended firm. SecSol submitted a very complete proposal and were rated second. CyberNet checked references for all four firms. The responses were very favorable for both Northern Digital and SecSol. Staff recommends that SecSol, Inc. be retained for this project. Although they were the second rated firm, their proposed fee is 45% less than the fee proposed by Northern Digital. ENVIRONMENTAL IMPACT In accordance with California Environmental Quality Act, the proposed proj ect is exempt from further review. Categorical Exemption ER No. 2005-104 will be filed for this project. FISCAL IMPACT Funds are currently available in the UASI Fund (account no. 125-613- 6291) . APPROVED AS TO FUNDS AND ACCOUNTS: ames G. Ross Executive Director Public Works Agency ~(\[\~t-'\.~ J') \\ .~..-::....... Francisco Gutierrez Executive Director Finance & Mgmt. Services Agen:!l-- JGR/RB/RFCA6-6-0S/AgreesecMgmtSysSecSolWReservoir.JGR 258-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: 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 AGREEMENTS FOR ANNUAL CONTRACT FOR TRAFFIC COUNTING SERVICES PROJECT (PROJECT NO. 5512) CONTINUED TO FILE NUMBER L/ RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with Southland Car Counters, Inc. and Transportation Studies, Inc. to provide traffic counting services, each for an amount not to exceed $50,000, with an option to extend the agreements for one additional year. DISCUSSION In recent years, the City has contracted for annual traffic counting services to conduct counts for neighborhood studies, the bi-annual citywide traffic volume study, and the annual traffic signal and left- turn priority studies. These contracts also include data collection and speed surveys in support of the speed hump program. A Request for Proposals (RFP) for annual traffic counting services was mailed on Monday April 4, 2005, to seven qualified consulting firms. One of the firms was based in Santa Ana. Only two of the seven consultants submitted proposals. The proposals received are from qualified consultants with extensive work experience in Santa Ana. The proposals were reviewed by a three-member committee comprised of Public Works Agency staff. The ratings were based on experience, qualifications, project understanding, scheduling, past performance, and the overall proposal. Once rated, the sealed bids of the two firms were opened. To compare the fees of the firms, the RFP required each firm to submit their proposed costs for a particular scenario of work specified in the RFP, based on their fee schedules for services. The costs for the scenario were for comparison purposes only and not related to the contract amount. 25C-1 Agreements for Annual Contract for Traffic Counting Services Project (Project No. 5512) June 6, 2005 Page 2 The proposal scores and total costs for the scenario are: FIRM 1. Southland Car Counters, Inc. 2. Transportation Studies, Inc. AVERAGE SCORE 91 81 SCENARIO COST $ 39,570 $ 42,670 Due to the limited number of proposals received, the and staff familiarity with the above two firms, it Southland Cars Counters, Inc. and Transportation retained for an amount not to exceed $50,000 each data collection services. rating and/or cost, is recommended that Studies, Inc., be for annual traffic The consultants will be paid only for the services performed as requested by staff and in accordance with the rates submitted in the proposal. The contracts will include an option to extend the agreements for one additional year. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The total cost of each agreement is not to exceed Funds in the amount of $100,000 are available in Construction fund (account no. 59-551-6291). $50,000 per year. the Select Street TC.~ ~James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: .:\:-\~~r-l.. ~ A .) ~ '-~. "-~ Francisco Gutierrez Executive Director Finance & Management Services Agenc~ 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1 SI Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AGREEMENT FOR PARK LANDSCAPE AND GROUNDS MAINTENANCE ..., /1; f\F'" f2~lltZ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the Ci ty Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a two-year agreement with Midori Gardens for landscape and grounds maintenance in an annual amount not to exceed $437,976, with a provision for one, three-year renewal. DISCUSSION The Parks Maintenance Division of the Parks, Recreation and Communi ty Services Agency is responsible for maintaining the 39 parks and 11 bike trails wi thin the Ci ty of Santa Ana. The City's current agreement for maintenance at the 18 parks listed in Exhibit A will terminate on June 30, 2005. A Request for Proposal (RFP) for landscape and grounds maintenance services at these 18 parks was issued to 16 landscape companies. A pre- proposal conference was conducted and five vendors responded to the RFP. DMS Landscape Services, Master Landscape and Maintenance, Midori Gardens, TruGreen LandCare, and Valley Crest each submitted proposals for review. An evaluation committee consisting of representatives from the Purchasing Division, the Public Works Agency, the City Attorney's Office, and the Parks, Recreation and Community Services Agency rated the five proposals. The committee rated each proposal based on the following evaluation criteria: capability and experience, past performance, and cost of proposal. The rating and base cost of the proposals are as follows: Company Score Base Cost Midori Gardens Master Landscape DMS Landscape TruGreen LandCare Valley Crest 88.8 79.6 73.2 70.0 64.0 397,976 411,600 541,260 636,000 827,412 250-1 Agreement for Park Landscape and Grounds Maintenance June 6, 2005 Page 2 Receiving the highest rating and lowest base cost, Midori Gardens has provided median landscape maintenance services for the Public Works Agency since 1998. In addition, Midori Gardens has completed several landscape projects to the satisfaction of the Parks, Recreation and Community Services Agency. As such, the committee recommends the selection of Midori Gardens for park landscape and grounds maintenance. The agreement with Midori Gardens will include for specialized services and emergency work. take effect at the beginning of the 2005-2006 a provision for one, three-year renewal. a $40,000 annual contingency The two-year agreement will fiscal year and will include FISCAL IMPACT Funds will be budgeted and available in the FY 2005-06 and 2006-07 Park Services and Centennial Park, Other Contractual Services accounts (account nos. 11-250-6291 and 77-284-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Moue Executive Di Parks, Recre Community Se ector tion and ices Agency ~ ~\'{\(.'\ \~!:' .. ')\_~~-" " , Francisco Gutierrez Executive Director Finance and Management Svcs. Agency 250-2 Exhibit A Park Site Location 1 Centennial Park 3000 W. Edinger Ave. 2 Windsor Park 2915 W. La Verne Ave. 3 Adams Park 2302 S. Raitt Street 4 Thornton Park 1801 W. Segerstrom Ave. 5 Memorial Park 2102 S. Flower St. 6 EI Salvador Park 1825 W. Civic Center Drive 7 Jerome Park 726 S. Center Street 8 Friendship Park 2210 S. Myrtle Street 9 Angels Community Park 914 W. Third Street 10 Birch Park 210 N. Birch Street 11 Morrison Park 2801 N. Westwood Ave. 12 Fisher Street 2501 N. Flower Ave. 13 Santiago Park 2535 N. Main Street 14 Santiago Nature Reserve 700 E. Memory Lane 15 Portola Park 1700 E. Santa Clara Ave. 16 Mabury Park 1801 E. Fruit Street 17 Cabrillo Park 1620 E. Fruit Street 18 Cabrillo Tennis Center 800 N. Cabrillo Park Drive 250-3 250-4 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: MEMORANDUM OF UNDERSTANDING WITH THE SERVICE EMPLOYEES' INTERNATIONAL UNION, CHAPTER 1939, LOCAL 347, AFL-CIO. ( /Ia'" i~//?/1/2 ~ "kw ~~ u__ CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare, and authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Service Employees' International Union, Local 347, AFL-CIO, regarding wages, hours and other terms and conditions of employment. DISCUSSION The City and the Service Employees' International Union (SEIU), Local 347, AFL-CIO, recently completed contract negotiations, resulting in a four-year Memorandum of Understanding. This new Memorandum of Understanding will expire on June 30, 2008. Key new negotiated elements of this Memorandum of Understanding include: l. Term: A four-year term , from July 1, 2004 through June 30, 2008. 2 . Salary Increase: July 1, 2004 = 0% July 1, 2005 0% July 1, 2006 = Up to 4.5% with a minimum increase of 3.5% July 1, 2007 = Up to 4.5% with a minimum increase of 3.5% 3. Medical Contributions: Effecti ve July 1, 2005 and for the remainder of the agreement, the City's medical contribution will be equal to the CalPERS Other Southern California monthly Health Maintenance Organization (HMO) rates for Kaiser Permanente. 25E-1 Agreement with the Service Employees' International Union June 6, 2005 Page 2 4. Dental Premium Contributions: January 1, 2005 January 1, 2006 January 1, 2007 = $70/month rate) $80/month = $90/month (current 5. Medical Subsidy Plan: Effective as soon as practicable and in each contract year after that, City will contribute 0.1%, 0.1%, 0.1%, and 0.2%, respectively, to the Medical Retirement Subsidy Plan based on payroll of that year. 6. Vision Plan: Effective as soon as practicable the City will administer a non-participatory vision plan through payroll deduction. 7. Longevity Vacation: Effective July 1, 2005, the City will permit cash- out of up to forty hours per year of an employee's current year's longevity vacation allocation. Effective July 1, 2006, the City will permit cash- out of longevity vacation up to fifty hours per year of the current year's allocation. Effective July 1, 2007, the City will permit cash- out of longevity vacation up to sixty hours per year of the current year's allocation. 8. Bereavement Leave: Whenever travel over 500 miles is required an employee may use up to two additional days (16 hours) charged to Personnel Necessity Leave when approved. 9. Layoff and Sub-Contracting: Amend language to provide advance notice whenever City plans to layoff or when contracting out affects employees, to provide opportunity to discuss and exchange information. 10. Compensatory Time off: Amend language to require reasonable before taking compensatory time off time cannot be taken within the year, off such overtime. notice and if to pay- 11. Bilingual Pay: Effective as soon as practicable bilingual pay will be increased $25/month for employees designated as primary bilingual. 12. Certifications: Reopen contract in third year to discuss compensation issues for certifications for specific classifications. 25E-2 Agreement with the Service Employees' International Union June 6, 2005 Page 3 13. Notary Publics: Provide forty dollar per month subsidy to employees required to be Notary Publics. 14. Work Week Schedule: 9/80 workweek schedule to be authorized with department head approval. 15. Retirement: The City agrees to commence discussion on retirement formulas upon receipt of CalPERS actuarial reports no later than ten days after the union's request to meet. FISCAL IMPACT Funds are available in the following affected departmental accounts: Salary account (Object Code 6111) and Benefits account (Object code 6171) Estimated total cost for the first year of the Agreement is $105,809. APPROVED AS TO FUNDS AND ACCOUNTS: Department . ~ t- ,/ ~~~~ ~r .) \~ "---> Francisco Gutierrez Executive Director Finance & Management Services Agenc~ 25E-3 25E-4 REQUEST FOR COUNCIL ACTION Il ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: 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 AMENDMENT TO AGREEMENTS FOR ON-CALL TRAFFIC ENGINEERING SERVICES I )& U<. 2 CITY MA AGER CONTINUED TO ~, ~ FILE NUMBER i , RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute one year amendments to agreements with RBF Consultants, IBI Group, and FPL & Associates for traffic engineering services in an amount not to exceed $175,000 for each firm. DISCUSSION Consultant traffic engineering services are necessary to augment the services provided by City staff to complete the current volume of traffic engineering and street improvement projects in a timely manner. The consultants currently under contract provide traffic engineering services including traffic studies, the preparation of street striping, traffic signal and construction zone traffic control plans. Consultant services are needed to assist in implementing grant-funded safety projects to meet grant deadlines. The City also expects to receive grant funds for similar projects in the coming fiscal year. The increased workload in the Public Works Traffic Engineering section will necessitate the use of the services of outside firms. The existing contracts with RBF Consultants, IBI Group, and FPL & Associates for traffic engineering services expires on June 30, 2005. Due to the experience of key personnel and competitive rates, it is recommended that these firms be retained for the required services for an addi tional year. Each consultant will be paid only for the services performed, as requested by staff, and in accordance with the rates submitted in their original proposals. 25F-1 Amendment to Agreements for On-Call Traffic Engineering Services June 6, 2005 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The proposed contracts amendments will have a limit of $175,000 per year for each firm. Funds to pay for the traffic engineering services during the extension will be charged to the various projects in the FY 05-06 Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: ^ " (-,~ f James G. Ross Executive Director Public Works Agency ~ l\' '\ ~}~(:~ ~ X'a AJ Francisco Gutierrez ~~ Executive Director l' Finance & Management Services Agency 25F-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: APPROVED /~ .' .' ./,) ,,' /' ~CI YMAi~~~"(C._---- 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 CONTRACT AWARD FOR CUSTODIAL MAINTENANCE SERVICES AT THE DEPOT AT SANTA ANA (RFP NO.05-0330) CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Pacific Building Care for custodial maintenance services at The Depot at Santa Ana for a twenty- four month period wi th three 12 -month renewals in an annual amount of $107,280. DISCUSSION The Depot at Santa Ana is a regional transportation hub, combining Amtrak, MetroLink, Orange County Transit Authori ty and other bus services with office space for various State, County and City departments. Additionally, the facility includes a five-story theme tower that houses additional office space and conference rooms. Patronage at the facility has escalated in recent years to over nine million persons serviced annually. Therefore consistent, high-level custodial service must be maintained at all times in order to keep the facility clean and attractive. The current custodial maintenance contract will expire on June 30, 2005. A Request for Proposals (RFP) was issued to 13 qualified vendors to provide custodial maintenance services. The RFP was also published on March 30, 2005, in the Orange County Register. The summary of the Request for Proposals is as follows: 13 Invitations for Proposals Requested 2 Invitations for Proposals to Santa Ana Vendors 2 Proposals Received 25G-1 Contract Award for Custodial Maintenance Services at The Depot at Santa Ana (RFP No. 05-0330) Each respondent's proposal submittal and price quotations were rated using the following cri teria: qualifications, history of firm, reputation of firm, history of like services, clarity and detail of submitted proposal and pricing. The ratings for the two respondents are as follows: FIRM LOCATION PRICE PER ANNUM RATING Pacific Building Care Irvine, CA $107,280 336 L.A. CHA Northridge, CA $117,732 289 Pacific Building Care, located in Irvine, California, received the highest rating based on the evaluation criteria. FISCAL IMPACT Funds for this contract agreement will be available in the FY 05-06 Depot at Santa Ana Maintenance and Repair Buildings and Grounds account (account no. 67-615-6241). APPROVED AS TO FUNDS AND ACCOUNTS: :11\C'o.~"" ",-". ~. <- Francisco G~tierrez ~~I._ Executive Dlrector r ~ Finance & Management Services Agency ~~atricia Whitaker ~ Executive irector Community Development Agency PCW/ckf/mlr H:\ACTIONS\2005 CC\ContAwardforCustodial ServsatThe Depot 6-6-05.doc 25G-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: APPROVED AGREEMENTS WITH O'REILLY &: ASSOCIATES AND HR MANAGEMENT SERVICES FOR RAPID RESPONSE MARKETING SERVICES o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For /r /. ~/2. /2 t~. / ./' / ~~-cti~~' ~A~~G~~------ CONTINUED TO .\ ~ FILE NUMBER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with 0' Reilly & Associates in an amount not to exceed $15,000 to develop marketing materials for the Rapid Response Program under the Workforce Investment Act Rapid Response Grant. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with HR Management Services in an amount not to exceed $20,000 to develop electronic marketing for the Rapid Response Program under the Workforce Investment Act Rapid Response Grant. DISCUSSION The Rapid Response Program provides the necessary plan and delivery of services that enable dislocated workers, affected by mass layoffs or plant closures, to transition to new employment as quickly as possible. The role of Rapid Response is to assist workers to quickly return to productive posi tions in the workforce and assist employers to explore alternatives to lay-offs through human resource solutions. A Request For Proposals (RFP) was issued to nine qualified vendors for the purpose of procuring Workforce Investment Act marketing materials for Rapid Response services. The RFP was also published on April 4, 2005, in the Orange County Register. The summary of the Request For Proposals is as follows: 9 invitations for Proposals Requested 7 Invitations for Proposals to Santa Ana Vendors 2 Proposals were received 25H-1 Agreements for Rapid Response Marketing Services June 6, 2005 Page 2 Each respondent's proposal submittal and price quotation were rated using the following criteria: Past experience, comprehensiveness of services, and reasonableness of cost. Two providers were selected as a result of the RFP process. The ratings for the two respondents are as follows: FIRM HRMS O'Reilly & Associates LOCATION West Hollywood, CA Los Angeles, CA PRICE PER ANNUM $20,000 $15,000 RATING 89/100 87/100 0' Reilly & Associates O'Reilly & Associates will design print media including brochures to effectively market Rapid Response services to the business community and laid off workers. Services will also include an analysis to identify businesses most likely at risk of lay-offs using Dunn and Bradstreet's Financial Stress Analysis Model. HR Management Services HR Management Services will develop an overall electronic marketing plan, which will include an electronic newsletter, electronic flash cards, a powerpoint presentation, and marketing letters. Services will also include on-going consultation to identify selling points and value added propositions of Rapid Response. FISCAL IMPACT Funds for these contracts will be available in the Workforce Investment Rapid Response account (account no. 123-156-6291). APPROVED AS TO FUNDS AND ACCOUNTS: L~'t2:!(~~ V Executive Director Community Development Agency Francisco Executive Finance & ~~~\~ )\.~~ G~tierrez ~ r Dlrector 01 Management Services Agency PCW/CdlR/mlr H:\ACTIONS\2005 CC\AgreeO'Reilly&HRMgmt forRapidResponseMarketing Serv 6-6-05.doc 25H-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: APPROVED AGREEMENT WITH GEOGRAPHIC SOLUTIONS FOR JOB SEARCH SYSTEMS SUBSCRIPTION o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For \ .t' . U./l;X2- CITY MANAGER CONTINUED TO --- FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Geographic Solutions in an amount not to exceed $39,000 to subscribe to an on-line job search system. DISCUSSION The W/O/R/K Center has continued to sustain a high public demand for its resources. For the past three years, the W/O/R/K Center has averaged over 47,000 annual visits. Since 2002, the W/O/R/K Center has utilized an on- line job search system called the Virtual One Stop developed by Geographic Solutions to provide necessary and vital services to job seekers. The current contract will expire on June 30, 2005. A request for proposals (RFP) was issued to eight qualified vendors to provide an on- line job search system. The RFP was also published on February 28, 2005, in the Orange County Register. The summary of the Request for Proposals is as follows: 8 Invitations for Proposals Requested o Invitations to Santa Ana Vendors 4 Proposals Received Each respondent's proposal submittal and price quotation were rated using the following criteria: Firm experience, product capabilities, technical support and price quotation. The ratings for the four respondents are as follows: 251-1 Agreement for Job Search Systems Subscription June 6 2005 Page 2 FIRM LOCATION PRICE PER ANNUM RATING Geographic Solutions Salinas, CA $39,000 93 primeworks Irwindale, CA $62,800 87 Softscape Wayland, MA $61,000 63 Data Frenzy Irvine, CA None 62 Geographic Solutions, located in Salinas, California, received the highest rating based on the evaluation criteria. The virtual one-stop system, developed by Geographic Solutions, provides access to a comprehensive array of services for job seekers, training providers, benefit applicants, businesses and students. These services are integrated at a user-friendly site that provides information on available programs and services, training programs, labor market information, job listings and financial assistance. The site is also a valuable tool for employers who are finding it difficult to attract ualified em 10 ees. Santa Ana businesses will be able to list all of q p y their job openings on the site and receive qualified resumes. Students at Santa Ana Community College and the Santa Ana Unified School District will also be able to access the system for career guidance at no cost. The virtual one-stop system is a subscription-based product, with price being determined by the City's population. Geographic Solutions hosts and maintains the site and is also responsible for customizing the screens and the information to fit Santa Ana's needs. The information on the site is considered the property of the Santa Ana Workforce Investment Board. FISCAL IMPACT Funds for this subscription are available in the W/O/R/K Center WIA accounts (account nos. 123-151-6291 and 123-155-6291.) APPROVED AS TO FUNDS AND ACCOUNTS: l~~~a~i~~ V Executlve Dlrector Community Development Agency ~~~~J:,0 Francisco Gutierrez Executive Director Finance & Management Services ~~ (J Agency PCW/CdlR/mlr H:\ACTIONS\2005 CC\AgreeGeoSolutionsforJob Search SysSubscrip 6-605.doc 251-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: APPROVED r AGREEMENT WITH PAINT YOUR HEART OUT, INC. TO IMPLEMENT A "SANTA ANA PAINT DAY" PROGRAM IN SANTA ANA PROJECT NO. 05-7884 62,~47~2---_u CITY MANAGER o As Recommended o As Amended o Ordinance on 15t 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 execute an agreement with Paint Your Heart Out, Inc., for minor rehabilitation and painting services in an amount not to exceed $92,000. DISCUSSION In 1991, Paint Your Heart Out, Inc. (PYHO) began to work with Anaheim homeowners who were low- and moderate-income seniors or disabled households. Throughout the years, PYHO has refurbished 625 homes with a volunteer force of 1,500 people. Homeowners who benefit from this program incur no costs and sweat-equity is welcomed but not required. Last year, PYHO received Agency funding for the implementation of a paint and minor rehabilitation program in Santa Ana. The objective was to paint 30 homes occupied by low- and moderate-income households. PYHO successfully raised more than $12,000 in cash contributions and an additional $23,000 in in-kind donations. There were more than 500 volunteers recruited to participate, and PYHO exceeded its goal by completing 34 homes. This year, PYHO is requesting $92,000 to continue the implementation of the program. The goal this year is to paint and provide minor rehabilitation to a minimum of 35 households. To qualify for the program, households must be elderly or disabled owner-occupants who are very low- or low income. 25J-1 Agreement for PYHO to Implement USanta Ana Paint Day" Program June 6 2005 Page 2 The total program cost for the Santa Ana Paint Day is $179,400. By assisting this effort with $92,000, the City leverages an additional $87,400 in private investment in the form of volunteer labor and donations for Santa Ana neighborhoods. Staff is recommending that the Ci ty enter into a contract with Paint Your Heart Out, Inc. for $92,000. FISCAL IMPACT Funds are available in the Community Development Block Grant account (account no. 135-148-6911). APPROVED AS TO FUNDS AND ACCOUNTS: patricia Whitaker Executive Director Community Development Agency ~~~~~ 0 .\ u \-_ Franclsco Gutlerrez Executive Director Finance & Management Services AgenC~~ PCW/ON/mlr H:\ACTIONS\2005 CC\AgreePaintYourHeartOut 6-6-05.doc 25J-2 j CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JUNE 6, 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 DOCUMENT MANAGEMENT SYSTEM MAINTENANCE AND EXPANSION -( j~ / /' /,/1,/;1 /?Ljt~Il~( M~~~~~~ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement amendment with Compulink Management Center, Inc. to implement a Laserfiche document management system in the Public Works Agency in an amount not to exceed $145,000, and for maintenance of the City's Laserfiche systems for a one year period in an amount not to exceed $48,000 with a provision for two one-year renewals not to increase by more than five percent annually. DISCUSSION In 2001, a Document Imaging Steering Committee was formed to develop standards, policies, and processes and to provide direction to the City's implementation of the evolving document imaging technology. At that time, the Committee recommended the implementation of a pilot project in the Clerk of the Council Office to develop best practices and standards that could be applied to other departments. After conducting an evaluation of various alternatives, and reviewing three proposals received from vendors, the Committee determined that Compulink Management Center's Laserfiche solution provided the best approach for the City. Compulink is the market leader in municipal government document management systems, and its system has been installed at other cities in Orange County and throughout the state. Since its installation, the Laserfiche system has enhanced customer service through increasing staff producti vi ty by significantly reducing document retrieval time and allowing simultaneous document access. Further, the system has reduced storage space and enhanced the City's record retention 25K-1 Document Management System Maintenance and Expansion June 6, 2005 Page 2 program. Since its initial implementation in the Clerk of the Council's Office, the system has been expanded into the Police Department and the Treasury Division operations. The subject recommended action is to expand the use of this technology to the Public Works Agency and to provide for continued maintenance of the existing Laserfiche systems. FISCAL IMPACT Funds are available in various accounts In both the user departments and the Technology Strategic Plan Fund. '{~~~r-l' ~,~n~ Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency Concur: <., ( t~k" ,".... l<:....~...;.. Paul M. Walters Chief of Police Police Department 25K-2 CITY COUNCil MEETING DATE: ~ ~~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCil USE ONLY: JUNE 6, 2005 TITLE: 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 AGREEMENT WITH THE FIRE MANAGEMENT ASSOCIATION / ) ~"~ bl '/ 72 ' / ,,/ /' ---", ," 'Pt~/ ,) -v f-,'-'- 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 the Fire Management Association (FMA) regarding wages, hours, and other terms and conditions of employment. DISCUSSION The City and the Fire Management Association (FMA) recently completed contract negotiations, resulting in a new four-year agreement, since the previous Memorandum of Understanding expired on June 30, 2004. Key elements of this Agreement include: 1. Term: A four-year term, from July 1, 2004 through June 30, 2008. Salary Increase: July 1, 2004 = 0% (me, too with FBA) July 1, 2005 0% (me, too with FBA) July 1, 2006 Up to 4.5% (me, too with FBA) July 1, 2007 Up to 4.5% (me, too with FBA) 2. 3. Equity Adjustment: Effective July I, 2005 = Increase of six percent (6%) in base salary for the classifications of Battalion Chief and Fire Marshal. 4. Medical Premium Contributions: Effective July 1, 2006 = Maintain California Kaiser HMO rates during the term of the Agreement. 5. Dental Premium Contributions: January I, January I, January 1, January I, "employee 2008 2006 = 2007 = 2008 2005 only" $90/month (family) $100/month (family) $110/month (family) = Maintain 100% of rate thru June 30, 25L-1 Agreement with the Fire Management Association June 6, 2005 Page 2 6. Vision Insurance: Allow employees to participate in City-sponsored plan at employee's expense. 7 . Retiree Medical Insurance: contribution of .75%. October 1, 2006 additional City 8. Include Career Development Pay: Effective July 1, 2005 = employees may earn Career Development Pay for completion of the following programs: · 2.5% for Communications Center Manager, Emergency Dispatch Executive, and APCO Institute certificates. · 2.5% for California State Fire Training Chief Officer certificate. · 5% for California State Fire Training Fire Marshal or Fire Officer certificates, respectively. · 7.5% for National Fire Academy Executive Officer certificate. Employees are limited to 7.5% total for completion of any of the above referenced programs. 9. PERS: Maintain existing PERS cost sharing language (.93%) for safety members for term of Agreement. 10. Fire Communications Manager Classification/Compensation Study: Effective as soon as practicable following Council approval of this Agreement, the City shall conduct a study. If a salary increase is deemed appropriate, it shall be retroactive to July 1, 2005. 11. Sick Leave: Effective January 1, 2006: Increase sick leave accumulation hours by four hundred (400) hours. Additional hours to be only for use and not for cashout at retirement or resignation. 12. Retirement Health Savings Program: Effective as soon as practicable= The City shall establish a voluntary program for employees to contribute unused sick leave, vacation, or other employee benefits on a pre-tax basis in conjunction with implementation of a flexible benefit plan or other tax exempt program. 13. Retirement Reopener: If the Firemen's Benevolent Association (FBA) receives a retirement enhancement, FMA shall receive the same. 14. Bachelors Degree: Effective as follows = Minimum qualification change to require a degree at entry, effective July 1, 2006 for Deputy Chiefs and July 1, 2007 for Battalion Chiefs, respectively. 25L-2 Agreement with the Fire Management Association June 6, 2005 Page 3 FISCAL IMPACT Funds are available in the following affected departmental accounts: Salary and Career Development Incentives accounts (Object Code 6111) and Benefits accounts (Object Code 6171) There is no cost anticipated for the first year of this Agreement. APPROVED AS TO FUNDS AND ACCOUNTS: Department '..\-~~~ \ ~"0 ~-N: '" Francisco Gutierrez Executive Director Finance & Management Services Agencx~~ 25L-3 25L-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: 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 AGREEMENT FOR CATCH BASIN CLEANING SERVICES WITH UNITED STORM WATER, INC. //1/7 (/;I?~- ITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement for catch basin cleaning services with United Storm Water, Inc. for an amount not to exceed $125,000. DISCUSSION The Public Works Agency is responsible for implementation of the City's storm water permit. The permit requires the City to inspect and clean annually all the catch basins prior to the rainy season. To provide this service, qualified firms were contacted and three firms submitted proposals. These proposals were reviewed by a review committee comprised of personnel from various City agencies. The ratings for the top five firms are as follows: FIRM RATING 1. United Storm Water, Inc. 2. Empire Pipe Cleaning 3. National Plant Services 89 84 70 The fee rate schedules for these firms were compared. The rates are consistent, reasonable and in line with staff's estimate. Because of the experience of key personnel, client satisfaction and competitive rates, it is recommended that the firms of United Storm Water, Inc. be retained for the required services. 25M-1 Agreement for Catch Basin Cleaning Services With United Storm Water, Inc. June 6, 2005 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), the recommended action is not considered a CEQA project. Therefore, no environmental documentation is required. FISCAL IMPACT Funds are available in the Federal Clean Water Enterprise (account no. 57-635-6291) . APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~James G. Ross o '-Executive Director Public Works Agency T:l.~~h"~!," h.~ Francisco Gutierrez - Executive Director Finance & Mgmt. Services Agency~ 25M-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: 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 MONTH-TO-MONTH RENTAL AGREEMENT FOR OFFICE SPACE LOCATED AT 1415-1417 SOUTH BROAD(\Y t'" 1: u, iloL ~/- 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 a month-to-month rental agreement at a not-exceed rate of $3,900 per month, for the office space located next to the Fire Department at 1415-1417 South Broadway. DISCUSSION In 2000 the City Council authorized an amendment to the lease between the City and First American Trust Company, trustee of the Willis J. Clemons Family Trust and Dorothy E. Tillotson. This lease is for the use of office space located at 1415-1417 South Broadway Street, which is the property adjacent to the Fire Department's administration facility that currently houses its training staff and equipment. The current lease agreement expired on April 30, 2005. The owner has contacted the City and is requesting a change in the terms of the previous lease agreement. Specifically the owner is requesting that the City pay half the costs of the utilities at the facility. This will result in an increase of approximately 10 percent which has prompted the Fire Department to evaluate its options for future use of the facili ty. Therefore, a month-to-month rental agreement is proposed to include a rental rate of $3406.29 per month and half of the utili ties (estimated at $425.00 per month) for a not to exceed monthly amount of $3,900. ENVIRONMENTAL IMPACT In accordance with Section 15301 of the California Environmental Quality Act the proposed project is exempt from further review. 25N-1 Month-To-Month Rental Agreement For Office Space Located At 1415-1417 South Broadway June 6, 2005 Page 2 FISCAL IMPACT Funds are available in Fire Department's Training Lease Payment account (account no. 11-325-6294). , / APPROVED AS TO FUNDS AND ACCOUNTS: -:i ~ \\ ,.J /- . \' ~~ ~H ~d" I ') Th ~ . L..o "-' Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency M. Garcia ief partment 25N-2 REQUEST FOR COUNCIL ACTION ~fft\ ~"~~- ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: CONDITIONAL USE PERMIT NO. 2005-08 AND VARIANCE NO. 2005-04 TO ALLOW A CAR WASH, AFTER HOURS OPERATIONS AND TO REDUCE THE REQUIRED FRONT YARD SETBACK FOR A MOBIL SERVICE STATION AT 100 WEST MACARTHUR BOULEVARD - DAVID SHAMTOUB, 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 VAPPLICANT(C".LJ I (2I~-- CIT MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report: 1. Denying Conditional Use Permit No. 2005-08 (a) to allow a car wash. 2. Approving Conditional Use Permit No. 2005-08 (b) as conditioned to allow after hours operation. 3. Approving Variance No. 2005-04 as conditioned. PLANNING COMMISSION ACTION On April 25, 2005, the Planning Commission held a public hearing on the proposed project. After receiving public testimony on the applications, the Commission denied Conditional Use Permit No. 2005-08 (a) to allow a car wash due to concerns with potential noise impacts and the incompatibility of the car wash with the adjacent residential uses. In addition, the Commission approved Conditional Use Permit No. 2005-08 (b) as conditioned to allow after hours operation and approved Variance No. 2005-04 as conditioned to reduce the required landscape setbacks for a Mobil Service Station in the Arterial Commercial (C5) zoning district at 100 West MacArthur Boulevard. The Planning Commission staff report is attached for your review (Exhibit A) . 31A-1 Conditional Use Permit No. 2005-08 Variance No. 2005-04 June 6, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Stil!: !2fjg Executive Director Planning & Building Agency VF:rb vf\reports\cup05-08&va05-04.cc 31A-2 REQUEST FOR Planning Commission Action ~fft ~~~~. ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: APRIL 25, 2005 TITLE: PUBLIC HEARING - FILED BY DAVID SHAMTOUB FOR CONDITIONAL USE PERMIT NO. 2005-08 AND VARIANCE NO. 2005-04 TO ALLOW A CAR WASH, AFTER HOURS OPERATIONS AND TO REDUCE THE REQUIRED FRONT YARD SETBACK FOR A MOBIL SERVICE STATION AT 100 WEST MACARTHUR BOULEVARD Prepared by Vince Fregoso ~~)f!i Executive Director APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~ Planning Manager RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 04-240, with the exception of the Noise Study. 2. Adopt a resolution denying Conditional Use Permit No. 200S-08(a) to allow a car wash. 3. Adopt a resolution approving Conditional Use Permit No. 2005-08(b) as conditioned to allow after hours operation. 4. Adopt a resolution approving Variance No. 2005-04 as conditioned. DISCUSSION Request of Applicant Mr. David Shamtoub is requesting approval of two conditional use permits and a variance in conjunction with the expansion of an existing Mobil service station at 100 West MacArthur Boulevard. Specifically, the applicant is requesting approval of a conditional use permit to allow a car wash in conjunction with a service station and to allow a service station and convenience store to operate between the hours of 12: 00 midnight and 5:00 a.m. and a variance for a reduction in the IS-foot front yard setback requirement. EXHIBIT A 31A-3 Conditional Use Permit No. 2005-08 Variance No. 2005-04 April 25, 2005 Page 2 Property Description The project site is a 21,500 square foot parcel of land located on the southwest corner of Main Street and MacArthur Boulevard. The site contains a 1,900 square foot service station/auto repair building and 1,700 square foot canopy. The site is zoned Arterial Commercial (C-5) with a corresponding land use designation of General Commercial (GC) Surrounding land uses include commercial and multiple-family residential to the north, single-family and multiple-family residential to the south, commercial and vacant land to the east and commercial to the west (Exhibits 1 and 2) . Project Description The proj ect consists of two components: The remodel of an existing service station, including the removal of three existing service bays and the conversion of that space to a convenience store; and the addition of 200 square feet to the rear of the building for use as a self service car wash. Other improvements will be made to the site, including new wall signage, the removal of a nonconforming monument sign, a new loading zone, and additional landscaping that exceeds sizes required by the Santa Ana Municipal Code (SAMC) (Exhibits 3, 4, 5 and 6) . In accordance with the City's gas station parking standards, a six parking spaces are required and are provided for the project. station and convenience store intend to operate 24 hours a day, week. total of The gas 7 days a Analysis of the Issues Car Wash Use The proposed car wash, in conjunction with a service station use, requires the approval of a conditional use permit within the Arterial Commercial (C-5) zoning district. Given the car wash's close proximity to residential uses, staff has concerns with potential noise impacts generated from the use of the car wash. To address these concerns, a Noise Study was prepared by The Planning Center. The noise study analyzed both short-term construction and long-term operational impacts from the car wash. The study concluded that the car wash would result in noise levels that exceed the City's exterior noise standards found 31A-4 Conditional Use Permit No. 2005-08 Variance No. 2005-04 April 25, 2005 Page 3 within the Santa Ana Municipal Code (SAMC). Although mitigation measures were proposed that could reduce the noise level to an acceptable level, such as a 12-foot high sound wall along the southern edge of the car wash, the installation of a specific type of car wash system to minimize noise, and a restriction on car wash hours of operations, concerns still remain with the operations. Although the noise levels can be reduced, staff has concerns that the continual washing and drying noise will have adverse impacts on the residents to the south. Therefore, the proposed car wash will not contribute to the general well being of the community as the car wash is not a compatible use with nearby residential properties and due to the noise impacts resulting from a car wash. After Hours Operation A conditional use permit is also required for retail markets having less than 20,000 square feet and open anytime between the hours of 12: 00 midnight and 5:00 a.m. The proposed convenience store will be approximately 1,600 square feet in size and will operate 24 hours a day, 7 days a week. To avoid possible impacts associated with a 24 hour use, it is recommended that conditions be attached to the conditional use permit for the after hour operations of the convenience store. The Police Department conditionally supports the after hours operation of the service station and convenience store provided alcohol is not sold at the facility. Police Department conditions generally refer to business operations and physical improvements to improve employee and customer safety, such as requiring that pay phones be located within the interior of the store and maintaining visibility of the store interior from the street. The Police Department proposes a review of the project at 90 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. Setback Variance A variance for a reduction in landscaped setbacks along MacArthur Boulevard is required. Although Section 41-427 of the SAMC requires a 15 foot wide setback, Section 41-689 allows nonconforming service stations the ability to reduce the required setback provided an equivalent amount of landscaping is provided within view of the public street. Due to the size and shape of the lot, the applicant is unable to provide the required amount of landscaping. However, to bring the site closer into compliance with this requirement, the applicant has 31A-5 Conditional Use Permit No. 2005-08 Variance No. 2005-04 April 25, 2005 Page 4 provided additional landscaping at the northeast corner of the project site. Further, the applicant will be installing additional landscaping within the parking areas and around the building perimeter where feasible. Finally, the applicant will install landscaping that exceeds the minimum sizes required by code. Three Canary Island Pine trees, two within the MacArthur Boulevard setback and one within the parking area, will be increased in size to 36-inch box trees. These proposed enhancements will assist in bringing the site into closer code compliance and are supported by staff. At the April 11, 2005 Planning Commission public hearing, several items related to the applicant's request were raised. These issues, which included noise, 24-hour operations and architectural enhancements, resulted in a two week continuance to allow time for the applicant and the Nexus Companies to meet to discuss additional modifications to the project. Based on this meeting, the applicant has agreed to make several changes to the proj ect . These include incorporating a smooth trowel finish on the building (formerly standard stucco), add a soffit element on the east elevation to match the north elevation soffit and enhance the appearance of the building, provide a roof over the "open to sky" section of the car wash to increase the noise attenuation and the planting of six pine trees along the south property line. In addition, the gas station and car wash hours of operations were clarified to allow gas sales 24 hours a day, convenience store sales from 5:00 a.m. to 11:00 p.m., and car wash operations from 7:00 a.m. to 8:00 p.m. Finally, staff has requested the installation of a column and trellis along the east (exit) side of the car wash. The column and trellis will terminate where the 12-foot sound wall ends to the south and will assist in integrating the sound wall into the car wash design. The applicant discussed this modification with staff and has agreed to the concept. To ensure these items are addressed, staff has incorporated these elements as conditions of approval for the project. On April 25, 2005, the Planning Commission held another hearing on the proj ect. At the conclusion of this meeting, the Planning Commission determined that the car wash would create noise impacts that would adversely affect the adjacent land uses. Further, the Commission determined that the car wash was not a compatible land use with the residential uses to the south. 31A-6 Conditional Use Permit No. 2005-08 Variance No. 2005-04 April 25, 2005 Page 5 Based on the above analysis, staff recommends that the Planning Commission approve Conditional Use Permit No. 2005-08 (b) as conditioned to allow the after hours operation of the service station and convenience store and Variance No. 2005-04 as conditioned to allow a reduction in landscaped setbacks for the project. Additionally, staff recommends that the Planning Commission deny Conditional Use Permit No. 2005-08 (a) to allow the construction of a car wash in the C-5 zone (Exhibits 8, 9, 10 and 11) . CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-240 has been prepared for this project (Exhibit 12). VF:JM vf\reports\cup05-08&va05-04,PC 31A-7 II I I M1 DYER RD, 0 M1 , M1 " M1 Ml M2 < . 0 R1 " oj Rd COLUMBINE R1 Rl ~ ,", u), a: ~ ~ o R1 ~ 8 KELLER AV Rl w. R1 o C; t Y of T us tin R1 j) C i t Y of Co s t a Me sa A1 -B C<SM C1 C1-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 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 R4 RE SD SP SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN ~ ~ CUP OS-aNA 05-4 MOBIL SERVICE STATION 100 WEST MAC ARTHUR BLVD. A rPY' - = 500 FEET 1. = 100D FEET p L A N N N G A N o B U L EXHIBIT 1 31A-8 D N G A G E N c y A APARTMENTS SERVICE STATION I- W W a: I- en APARTMENTS BOULEVARD VACANT VACANT fo- ~ <( 0:: ::> <( f0- CI) lU 0:: A eW' MAC ARTHUR R ETA I L CONDOMINIUMS z <C ::E CUP os-aNA 05-4 MOBIL SERVICE STATION 100 WEST MAC ARTHUR BLVD. PLANNING AND BUILDING AGE N C Y EXHIBIT 2 31A-9 ~~...J a:l Z ; ~?iL1J = ! i B5-Cl Q ~ Ii il ~~~O *~ "=0 ':1: j! l~~~ t '" h 0 0 ,1 ~~L1J ~ !l 11 l;;~ 0 H! IIH ill,lqr III Ilh HI Ill!! .11 ,'J.ll iH ,liB ::! 0.. ~ o !H -- -- I:.', ;.:... ..1 i ~ I ill III ; I l~d na ~ ::t:t: w 0:::: o ~ V) Z o - ~--.J <(w ~o ~o U~ -W >0:::: 0:::: W V) --.J a:l o ~ z o >< >< W ~~-rl ~._-'''<-~--:=~-=--=- I 1BlI1S NIVW I, I:, I:i f; ~~ I ; :; ~ , " " Q > ... . .. '\o-------::r------ :z: ... .. u C !'<,-<-----, K. EXHIBIT 3 31A-10 r-- . I- ::! z ~ " is !;1 ~ ~ ~ ~z~ "" z~~ lli~~~~ ~~8~~ ~~~~~ 1;j Cl .:; ~ --: "! t1 ~~. 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""I !~ Ii' 1'- "I" Il' I I 1.1 Hi:1 Hi Plll'l' III j" HI diB tHUS NIVW alIi ,,1,;1 'j!lll 11, !i- II !:I ~ (1 o , , II ~ ; ~ I ~ , n ! i n , l ~ ~~ 11 1F0 Q) 0 ~0~ e 0 D ~ ~~ o z ~ Z ~ EXHIBIT 6 31A-13 , I n ~~ ;! ,j ~! !l jq!,'J." ~~ - - < ; ~~ ~~~ ~~~'~xid !!!l jiii:1 11 u In ~~l :i~ ~; ~! v~! ~~~ ~e~ J~ ~l ~a ,lllli :1 i~ ~ ~ b I~ ~ ~~i L~~2 ;~,;~ m~ ; ~~ ~~ ~~~i. ;~;~~~ ~~:!d ,ill l 'I '! ll'~! ",!l, !'l~' II'; ,,!, .J,. 'II'! .1,'1 i,': ! 'll! ;Jh~ ill!'; ~l;,i; ~1I~~ i ~ <~ ~~agl ~r.L ~l~t~ ~j~~ : ~~ ~s ~~"- e ~E~~~~ '1~,~~ I'l' ! I'.! .,l'......! 'lj,,! rll!! ~! ~lli iHii IU!!il ~ml 'l!l! ! 1 !~;! i!!ll! ~l',l!ll!!:l' i',:ll ~! I! II :!I;I: !:li!l: !ji!il li!!i' <1!11<;1!"!!."'!'h! ',;'1' 1 ~1 'j I lill! 1!<1I:! 1,1.1 'I'" i I,l, <I 'I" 'II" 'II' ~~~~ J 1& l ~ ~ ;; !.~: 1~~'~~~ ~~~ i ,l.I!,.!.l.,\.i!;,.lIilll.II" N '" z ~ w 0, <( s; ~'~ ~::5 ..-- ---I :! <~) i i I ", I I "...,' :J z :5 0, w 0, <{ u IS z :5 ... ... .~ ~ ~: ~~ ~ ~ .~i~. ~ e: ~ ~! ~~ i~ ~! i;i. ~Jf ~~; !\! 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Introduction Sound Wall Locations Existing Apartments (Noise Sensitive) 12-Foot Sound Wall Source: Omni Design Group. Inc, Mobil Oil Expansion Noise Study The Planning Center · Figure 5-1 ~~~If 4 ~ NOT TO SCALE ~ Conditional Use Permit No. 2005-08 (b) April 25, 2005 Page 1 of 2 Findings of Fact A. Wi 11 the proposed contribute to the community? use provide general well a service being of or the facility which neighborhood or will the The proposed after hours operation of the service station and convenience store of between 12:00 a.m. and 5:00 a.m. will allow motorists and the community to purchase items generally unavailable during these hours from other retail establishments. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The after hours operation of the service station and convenience store will not be detrimental to individuals residing and working in the area. Conditions have been incorporated into the proj ect to reduce adverse impacts that the proj ect might generate as the result of the after hours operation such as the requiring that pay phones be located within the interior of the store and ensuring that visibility is maintained from the street to the interior of the store will increase the safety of employees and users of the site. The after hours operation of the service station/convenience store, in conjunction with the proposed conditions, will not be detrimental to the health, safety or general welfare of persons working in the area. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The gasoline service station and convenience store will generate City tax revenue and employment in the community. During the hours proposed, the use provides services to the community and therefore the use will enhance rather than adversely affect the economic development or stability of the area. ~.ijlf 5 Conditional Use Permit No. 2005-08 (b) April 25, 2005 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The project has been designed to comply with the City's design and development standards for a service station use and will be in compliance with the regulations established in Chapter 41 of the Santa Ana Municipal Code. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed gasoline service station and convenience store is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the Arterial Commercial (C- 5) zoning district which permits service stations and retail stores less than 20,000 square feet and open between midnight and 5:00 a.m. with a conditional use permit. 31A-16 Conditional Use Permit No. 2005-08 (a) April 25, 2005 Page 1 of 1 Findings of Fact A. Will the proposed contribute to the community? use provide general well a service being of or the facility which will neighborhood or the The proposed car wash will not contribute to the general well being of the community as the noise levels generated from the washing and drying functions of the car wash will adversely impact the surrounding residential uses. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed car wash will generate noise levels a minimum of 12 hours per day that will affect the resident's quality of life. Al though the noise levels can be reduces, the car wash operations will still generate a significant level of noise that will affect the residents. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The car wash will adversely affect the surrounding residents as the attractive nuisance whose noise resident's quality of life. the economic stability of car wash will become an impacts will affect the D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The project has been designed to comply with the City's design and development standards for a service station use and will be in compliance with the regulations established in Chapter 41 of the Santa Ana Municipal Code. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The car wash is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the Arterial Commercial (C- 5) zoning district which permits scar washes with a conditional use permit. 31A-17 APRIL 25, 2005 PAGE 1 OF5 Conditions for Approval Conditional Use Permit No. 2005-08 (b) 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 project shall remain in compliance with Site Plan Review DP No. 04-96. 2. Any amendment to this conditional use to the Planning Division for review. determine if administrative relief conditional use permit must be amended. permit must be submitted At this time, staff will is available or the 3. Lighting shall be provided along the south property line. The lighting shall be designed to provide lighting on the site as well as for the alley located to the south of the site. 4. The plans submitted for Building Division plan check note that the convenience store/car wash building incorporate a smooth trowel finish. shall will 5. The plans submitted for Building Division plan check shall note that a soffit element will be installed on the north and east elevations of the convenience store building. 6. Six 36-inch box trees shall be provided along the south property line as shown on a revised landscape plan. 7. Hours of operation for the convenience store shall be limited to 5:00 a.m. to 11:00 p.m., seven days a week. fl~'i 8 APRIL 25, 2005 PAGE20F5 Mitigation Measures 8. During construction, the contractor is required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. 9. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 10. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 11. Streets surrounding the project site should be cleaned at the end of each day of construction. 12. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 13. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 14. To the extent feasible, gasoline powered equipment shall be used for on-site and off-site construction activities. 15. The approved site plan for the project shall show the location of all monitoring wells on the project site. The site plan shall reflect that the monitoring wells would be accessible for monitoring and maintenance during the construction and operation of the project. 16. Prior to issuance shall coordinate Commission. of building permit, the proj ect with the John Wayne Airport applicant Land Use 17. Building plans for the sand/grease interceptor is wash area. project provided shall within reflect that a the proposed car 31A-19 APRIL 25, 2005 PAGE30F5 18. Building plans for the proposed project shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. 19. Building plans for the proposed project shall reflect that the proposed car wash would be a Mark VII Automated Car Wash System or the Ryko Car Wash System. Any modification/replacement to the car wash equipment shall be approved by the Planning Division to ensure compliance with the City's noise standards. 20. Building plans for the proposed project shall reflect a sound wall with a minimum height of 12 feet and a density of at least 4 pounds per square feet. The location of the sound wall shall be provided in accordance with the Noise Study. 21. Mitigation monitoring shall be conducted after construction of the proj ect to ensure that noise generated by the automatic car wash shall not exceed the City's exterior noise standard. If the operation of the automated car wash exceeds the City's standards, additional noise mitigation shall be required to achieve compliance with the City's exterior noise standard. Additional mitigation may include the installation of automated doors at the entrance and exit of the car wash or sound walls. 22. Construction plans for the proj ect shall reflect that construction operations would be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday, with no construction permitted on Sundays or Federal Holidays. 23. Prior to issuance of building permits, the applicant submit evidence to the Planning and Building Agency appropriate school impact fees have been paid. shall that B. Police Department 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article I I Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). 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. 31A-20 APRIL 25, 2005 PAGE40F5 2. The applicant shall be responsible for premises free of graffiti. All graffiti within 24 hours of occurrence. maintaining the shall be removed 3. The cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for visibility and shall not exceed 25 percent of window Windows shall be kept clear of any advertising between three and six feet in height. maximum coverage. materials 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 6. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises and be designed to allow outgoing calls only. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 11. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System capable of viewing and recording events inside the premises as follows: 31A-21 APRIL 25, 2005 PAGE50F5 (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. (b) A minimum of one color camera that views the full-length side of a customer at the cash register area. (c) A color camera recorder capable of recording events on all cameras simultaneously. (d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (e) If videotape is used, tapes cannot be taped over more than six times. (f) An audio recording component that will record sounds occurring at the customer counter. 14. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. 31A-22 Variance No. 2005-04 April 25, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 project is an existing service station that had its setback on MacArthur reduced due to a street widening project several years ago. Due to this widening, and the location of the existing fuel pumps and building, it is infeasible to provide the required landscaped setback. The applicant has provided additional landscaping at the northeast corner of the site and within the interior of the project to mitigate the reduced setback. Therefore, due to the size of the lot, the strict application of the 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 the variance for a reduction in landscaped setbacks will preserve the property owners ability to develop the property with a use that will benefit the community by providing gasoline and food service to commuters , individuals who work in the area and motorists utilizing the SR-55 freeway corridor. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proj ect will not be materially detrimental to the public welfare or injurious to surrounding property as proposed. It is anticipated that the project will enhance the economic stability of the area by allowing the car wash component, thereby identifying the site as a vital, active commercial development. Therefore, it is not anticipated that the granting of the variance will be materially detrimental to the public welfare or injurious to surrounding property. ~"213 Variance No. 2005-04 April 25, 2005 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the a variance will not adversely affect the General Plan of the City since the proposed service station and convenience store have been designed in conformance with City zoning, development and General Plan requirements. 31A-24 APRIL 25, 2005 PAGE 1 OF4 Conditions for Approval Variance No. 2005-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this 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. The project shall remain in compliance with Site Plan Review DP No. 04-96. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. Mitigation Measures 3. During construction, the contractor is required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. 4. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 5. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 6. Streets surrounding the project site should be cleaned at the end of each day of construction. 7. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 1f~1!'251 APRIL 25, 2005 PAGE20F4 8. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 9. To the extent feasible, gasoline powered equipment shall be used for on-site and off-site construction activities. 10. The approved site plan for the project shall show the location of all monitoring wells on the project site. The site plan shall reflect that the monitoring wells would be accessible for monitoring and maintenance during the construction and operation of the project. 11. Prior to issuance shall coordinate Commission. of building permit, the proj ect with the John Wayne Airport applicant Land Use 12. Building plans for the sand/grease interceptor is wash area. proj ect shall provided wi thin reflect that a the proposed car 13. Building plans for the proposed proj ect shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. 14. Building plans for the proposed project shall reflect that the proposed car wash would be a Mark VII Automated Car Wash System or the Ryko Car Wash System. Any modification/replacement to the car wash equipment shall be approved by the Planning Division to ensure compliance with the City's noise standards. 15. Building plans for the proposed project shall reflect a sound wall with a minimum height of 12 feet and a density of at least 4 pounds per square feet. The location of the sound wall shall be provided in accordance with the Noise Study. 16. Mitigation monitoring shall be conducted after construction of the proj ect to ensure that noise generated by the automatic car wash shall not exceed the City's exterior noise standard. If the operation of the automated car wash exceeds the City's standards, additional noise mitigation shall be required to achieve compliance with the City's exterior noise standard. Additional mitigation may include the installation of automated doors at the entrance and exit of the car wash or sound walls. 31A-26 APRIL 25, 2005 PAGE 3 OF4 17. Construction plans for the proj ect shall reflect that construction operations would be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday, with no construction permitted on Sundays or Federal Holidays. 18. Prior to issuance of building permits, submit evidence to the Planning and appropriate school impact fees have been the applicant Building Agency paid. shall that B. Police Department 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article I I Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project1s lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for premises free of graffiti. All graffiti within 24 hours of occurrence. maintaining the shall be removed 3. The cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for visibility and shall not exceed 25 percent of window Windows shall be kept clear of any advertising between three and six feet in height. maximum coverage. materials 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 6. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 31A-27 APRIL 25, 2005 PAGE 4 OF4 9. All pay telephones shall be located inside the premises and be designed to allow outgoing calls only. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 11. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. IINo Loitering/Trespass II signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System capable of viewing and recording events inside the premises as follows: (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. (b) A minimum of one color camera that views the full-length side of a customer at the cash register area. (c) A color camera recorder capable of recording events on all cameras simultaneously. (d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (e) If videotape is used, tapes cannot be taped over more than six times. (f) An audio recording component that will record sounds occurring at the customer counter. 14. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. 31A-28 MOBIL OIL CARWASH/CONVENIENCE STORE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ER 2004-240 Prepared By City of Santa Ana Planning Department 20 Civic Center Plaza Santa Ana, CA March 2005 ffa~g MOBIL OIL CAR WASH/CONVENIENCE STORE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ER 2004-240 PROPOSED PROJECT The proposed project is a request for a conditional use permit to convert a portion of an existing service station and add to 200 square feet to an additional to an existing building to provide a convenience store and self-service car wash. SETTING As shown on Exhibit 1, the project site is an existing service station located at the intersection of Main Street and MacArthur Boulevard. The site consists of 21,413 square feet of area and currently contains four gasoline dispensers, and a 1,912 square foot building that includes a small snack shop and three service bays. Currently, located on the project site are several monitoring wells that are part of ongoing water quality remediation efforts. The project site is generally surrounded by a commercial strip center to the west, a vacant lot and the MacArthur Place South mixed use development to the east, an existing service station and multiple family apartments to the north and multiple family condominiums to the south. An existing alley and a 6-foot high block wall is located between the service station site and the condominiums to the south. The General Plan designation for the project site is General Commercial. The General Commercial designation applies to commercial corridors in the City, including Main Street. The intent of the designation is to provide neighborhood services such as service stations. The maximum site coverage allowed under the General Commercial designation is a FAR of 0.5. The zoning for the project site is Arterial Commercial. Under the Arterial Commercial designations, service stations and carwashes are conditionally permitted. 1 3~O Regional Location .: ;;:.:,:::; iJ:L .~~~;.~i~~L:L~d)3cc ,tQy~r Fld__z::Jj, ;."/ '--:. \\- t II' .L'YSArt~"'-~[j~'~~~~~~ , . .-,,"~,,--... ! I i,"} i~_~<~,':~:.,<;;::~~~,;;<=~~~~~f'o~l~v,. _. - i i___L_ ([< ~..~~::: I / " '. .....,.. // -'" ),/'". '. .~ ./ -"', ~:<: ~~f:?j'; ...." \, IrVine ,?-" <U~/ 'y; /""" ~ i. ~ -- ~i, /'/ ~:;:.~ 0 ~-~ ~C~~t~::_~-= -=-;: ,>">r-- " J' , _ / - ".{'-/ / ,,/':, )"., ,/".,.' John /'-" \ /'''''' /' -'<_ ,~- /' Wayne >"/ Airport '-. -~~~.L ;~-'- /' .""-- '. / /" /' /a1:~~~~~~~ / /....( \ \Ip / \.( ,;>, >;" . x<~i~~~ / '.J '\ . <:<:New,poft.:i> ',' . "<.... ...... > ,,' .",/'~,,,-,,, ./ ; Beach>:! /.\ Exhibit 1 "j.JT TO $.:AlE ~ 3t~1 PROPOSED PROJECT The proposed project involves the conversion of a portion of existing service station to a convenience store and car wash. To construct the proposed project three existing service bays would be eliminated. The area would be converted to a convenience store and carwash. An additional 200 square feet of area would be added to the existing building on the project site. The proposed project would have a total building area of 2,120 square feet and a FAR of .10. A site plan of the proposed project is shown on Exhibit 2. The proposed convenient store would consist of 1,598 square feet of area and would have a height of approximately 15- feet. The storefront would be along MacArthur Boulevard. The proposed car wash would consist of approximately 500 square feet of area and would be located on the southern end of the project site. The carwash would be set back 20- feet from the property line. Access to the project site would be provided from MacArthur Boulevard and Main Street. Vehicles would access the car wash along the western property line. The carwash lane would have a stacking distance of 60-feet. Vehicles would enter the carwash in easterly direction and would exit onto Main Street. A total of six parking spaces would be provided on the site. PROJECT PHASING/CONSTRUCTION The proposed project would be constructed in one phase. The construction operations would most involve interior tenant improvements and utility relocations. ENVIRONMENTAL ANALYSIS The following is an environmental analysis on the proposed project based on the City of Santa Ana CEQA Environmental Checklist Form. The analysis incorporates by reference the analysis and findings provided in the City of Santa Ana General Plan Land Use Element EIR. For each environmental issue, the analysis identifies the level of impact that is 2 3~~2 Proposed Project Layout MAC ARTHUR BLVD. __......._=--."v......."'" . -"-0._<'; ...._..~: .....- .-.... ~...~ -, Y"'t"""'_~_.'.oJ'. . -.-:-......""'--... ............... " ft~'__\ ::";'.~'::";'t..:.""--'\ :-~-Jrn-';~' , ',' l' ",', ' . .. ... , ~\I i i! r ~ :: . '., . . . :f i: ~-= ; ~=:, \, j~~ u ~ ".Ii '~-.<'=~=~~:=I~, .~=~~.;_I~ ,11, ,~ ".." "'r " . " '.< - ,. .J .< / I i /I" a 0 L: ~,'l I I I I f.'-'...'----- I 1 r'-'~'-' I I ,1.. I I ,hi ih; nL..._..__ ____._J" ! , : Li r:.-::?~~__._ 0 .C:::::_.l : I : I I :;:: ,; - ---=-rd~'f~~I~":~-~j{~r~-, -----.....-- 1 ,;~~T~;,~+;.~.:~::'~::'. ,C.::~" ,: t,~?i: I, .' }20 j I.lL:t;~~~ j 1\ .1"'91 j ::;-.%.~--"- \~t if \\ n.-~,~r:~~~'./' ;~;.~:~~,. ~':.-~i/(';-/ ;:.'< '~~" ~~:<-::~~S,\ ~ '. \",--~:"";;~~:';'~ L~ \ /A"~ ..-: I(~ ....__, i n i l.-'-~'- 41; o ;t , ~---- . '"'- "'- '. "\" . '" '\,", "',' \> "'" "..' \" " ".. . "- \... '" \>,,~' \' ~0. it i/ '\ \" 'A . ~;;_3~:_ "'>.0,,:,,=._--- (:O"""!/lliIEtifStO'f ]~ 'II' "i,": " ;.~i r : ',.,- :. <".~.- ~ll ':~~-- 1...."...----.-----. 7. ..i ": i ~~.;, ~c.v:;:~-~--.. ~~------.,..!.::..... ....-.F'.. ..... J'" '-'-1-'-".' ... w w '" ... VI 1\ : J\ 1[!! ~---~ Z <I: :: ~ J MECIU,";CALf':lUI'''olf'''t , '\.:~':~;:=~J ,_,O"'~ -<l-<""~\/'1'", ;\.",oI'''' 'r --.. -. ~ !i r ~ '~~~~~.:~~~~:'--?---=- - ,\.~ , .-- .! ~! bPEN'~ ,0: ; "', :1 1''' \, ~4._ ~' d..! ,-=~~~ (~\ .......... -.::.......--=-= F It~:,o II ,!~ i_' ~"=--.-;~ -...:."............ '..... 'I.... ! '"" '" \. ~ >.. '~"" " "" "'~!-'.<~:~~~ '\" \'- .". _~.' .r~_ ,- ",,- -~- -', '- ,,,-<-- ---~_/// / ~:~-=:. j I ,,<<,J ....._-~.............,-..... NOT TO SCALE ['] Exhibit 2 31A8'033 anticipated to occur. Where applicable, mitigation measures have been identified to reduce potentially significant impacts to a level considered less than significant. I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, trees, rock outpourings a State highway? including but not limited to and historic buildings within No Impact According to the City's General Plan Land Use Element EIR, the project site is void of any scenic vistas or scenic resources. Additionally, there are no scenic resources associated with a State Highway within the vicinity of the project site. Therefore, implementation of the proposed project would not result in adverse impacts to any scenic resource. c. Substantially degrade the existing visual character or quality of the site and it's surrounding? Less Than Significant Impact The City of Santa Ana has an adopted Urban Design Element that establishes policies, programs and design elements to enhance the aesthetic environment of the City. Development projects proposed in the City are reviewed for consistency with the Urban Design Element to measure aesthetic impacts to the environment. The design elements that are relevant to the project site includes; Districts and Paths. Districts According to the City's Urban Design Element, the project site is located within the Sandpointe Design District. The Urban Design Element establishes goals and policies to help guide the design of development projects proposed within a Design District. Specifically, land uses proposed within a Design District should exhibit high quality design and should incorporate design elements that are proportional and aesthetically related to the District setting. 3 31A~34 The proposed project has included architectural modifications, signage and landscape treatments to compliment the existing aesthetic environment. Through the City's site plan review process the design of the proposed project was determined to be in compliance with the intent of the district design element. Implementation of the proposed project would not degrade the existing visual character of the Sandpointe District setting. Paths Paths are means by which people travel throughout the City and serve as the framework for the City's urban form. Within the project area, the Urban Design Element identifies Main Street and MacArthur Boulevard as Paths. The proposed project would be consistent with the Path design element in that landscape planters would be provided along Main Street and MacArthur Boulevard to enhance the streetscape. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact The project site is currently improved with existing on- street lighting. Implementation of the proposed project would not introduce substantial new sources of light and glare into the project area. II. AGRICULTURE A. Convert Prime Far.mland, Unique Far.mland or Far.mland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Far.mland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site does not contain Unique Farmlands, Prime Farmlands or 4 31A8~5 Farmlands of Statewide Importance. Based on the City's General Plan, the project site is not planned for agricultural uses. Additionally, the project site is not included within any existing Williamson Contracts. A site visit conducted by the City's Environmental Coordinator confirmed the project site is currently not in agriculture production. Therefore, implementation of the proposed project would not result in adverse impacts to any agriculture resources. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The project site is located within the South Coast Air Basin and subject to the requirements of the Clear Air Act at both the Federal and State level, as implemented by the South Coast Air Quality Management District. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and/or local general plans. The proposed proj ect is consistent with the General Plan. Implementation of the proposed project would not exceed the population and traffic growth projections in the General Plan and would not be in conflict with the air quality objectives established in the South Coast Air Quality Management Plan. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? Potentially Significant Unless Mitigation Incorporated As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality 5 31A'8J6 pollutants in the South Coast Air Basin. Pollutants for which ambient standards have set are referred to as criteria pollutants. Criteria pollutants include Ozone (03), Carbon Monoxide (CO), Nitrogen Dioxide (N02), Sulfur Dioxide (S02), and Particulate Matter (PMI0). The South Coast Air Basin is currently a non-attainment area for Carbon Monoxide, Ozone and Particulate Matter. The SCAQMD considers an air quality impact to be significant if it exceeds the criteria pollutant thresholds identified in the Table A-I. Table A-I EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 Reactive Organic Compounds 75 2.5 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 Long-ter.m Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the General Plan. The long-term operational emissions generated by the proposed project would be consistent with the air pollutant emissions projected within the General Plan Land Use Element EIR. Additionally, the proposed project would be developed at a level of intensity that would be less than maximum allowable intensity under the General Plan. Therefore, long-term air quali ty emissions generated by the proposed proj ect would be less that what was proj ected for in the General Plan Land Use Element EIR. Short-ter.m constructed Related Air Quality Impacts The majority of the construction operations for the proposed project would be interior tenant improvements. 6 31As-J 7 Given the minimal amount of area that would be excavated, less than significant air quality impacts are expected. However, dust generated from construction operations could be a nuisance to nearby land uses. To minimize dust impacts during construction, the proposed project would be subject SCAQMD Fugitive Dust Rule 403. To insure compliance with Fugitive Dust Rule 403 the following mitigation measure shall be implemented. Mitigation Measure · During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and construction plans for the proposed project shall reflect the following notes: 1. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. 2. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 3. Streets surrounding the proj ect site should be cleaned at the end of each day of construction. 4. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 5. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 6. To the extent feasible, equipment shall be used for construction activities. gasoline onsite and powered off site c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact 7 31&38 The proposed project would be consistent with the City's General Plan and the local growth forecasts for the Orange County sub region and regional emissions budget developed by the Southern California Association of Governments for the 1999 Air Quality Management Plan. SCAG has determined that the air pollution impacts of any project that conforms to local growth forecasts would be consistent with this forecast and the regional air quality impacts would be adequately mitigated by the Plan to a level considered less than significant. D. Expose Sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact Implementation of the proposed project would not exceed the South Coast Air Quality Management District threshold for potentially significant long-term or short-term air quality impacts. Therefore, implementation of the proposed project would not expose sensitive receptors to any substantial concentrations of air quality pollutants. E. Create objectionable odors affecting a substantial number of people? Less Than Significant Impact The operation of the proposed proj ect would not generate significant objectionable odors to the public. During construction operations some obj ectionable odors could be emitted from construction equipment. However, the potential odor impacts would be short-term and would not be considered significant. IV. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U. S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional 8 31As39 plans, policies, and regulations or Department of Fish and game or u.s. Service? by the California Fish and Wildlife C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The project site is situated within an urban setting. According to the California Department of Fish and Game Natural Diversity Data Base and the City's Updated General Plan Land Use Element EIR, there are no sensitive biological resources located on or within the nearby vicinity of the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any sensitive biological resources. V. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact According to the City of Santa Ana Local Register of Historical Structures and the Federal Register of Historical Structures, there are no historically significant structures located on the project site. B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of for.mal cemeteries. No Impact 9 31A~40 According to the City's General Plan Land Use Element EIR there are no known cultural resources on the project site. Additionally, the project site is currently improved. The probability for the discovery of unknown cultural resources during construction operations would be remote. VI. GEOLOGY/SOILS A-I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the Seismic Hazard Zone Map, the proj ect site is not located within a current Alquist-Priolo Earthquake Faul t Zone for fault surface rupture hazard. The surface traces of any active or potentially active faults are not known to pass directly through or extend towards the project site. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project would be considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic region of southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the project site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subj ect to a maximum credible horizontal ground acceleration of O. 30g from a magnitude 6.9 earthquake along the Newport/Inglewood fault zone. A seismic event of this scale could potentially result significant damage to the proposed proj ect. However, the seismic risks at the project site would not be considered significantly different from other areas in the southern California region. The proposed project would be subject to the seismic safety standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential seismic hazard impacts to a level considered less than significant. 10 31A~41 A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the water table are subjected to large ground accelerations generated from seismic events. Liquefaction is generally known to occur in saturated cohesionless soils at depths shallower than about 50-feet. According to the City's General Plan Land Use Element EIR, the project site is considered to have a High to Very High potential for liquefaction hazard impacts. The proposed project would be subject to the seismic safety standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential liquefaction hazard impacts to a level considered less than significant. A-4. Landslides No Impact The project area is flat without any topographical relief. According to City's General Plan Land Use Element EIR, there are no landslide planes or slopes on the project si te. Therefore, implementation of the proj ect would not result in adverse impacts in regards to landslides. B. Would the proj ect result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Construction operations for proposed project would mainly involve interior tenant improvements. No substantial amounts of soil would be disturbed. Therefore, less than significant erosion impacts would occur. c. Would the project result in the loss of a unique geological feature? 11 31A'l!42 No Impact According to the City's General Plan Land Use Element EIR the proposed proj ect does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact According to the City's General Plan Land Use Element EIR the project site consists of Omni Series Soils that have high shrink/swell potential, high potential for corrosion of uncoated steel and moderate potential for corrosion of concrete. The soil conditions on the project site would not provide a significant constraint to the geologic stability of the project site. E. Where sewers are wastewater is the of septic tanks systems? not available for the disposal of soil capable of supporting the use or alternative wastewater disposal No Impact The project site is located within urban setting where sewer service is available. The proposed project would not require septic tanks or alternative disposal systems. VII. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to environment through the routine disposal of hazardous materials? the public transport, or the use or B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one- quarter mile of an existing or proposed school? Less than Significant Impact 12 31AtrA3 The proposed project would continue as a service station and would continue to involve the routine transportation, handling or storage of large quantities of hazardous materials. The proposed project would be required to comply with local, state and federal requirements regarding the handling and storage of hazardous materials. Compliance with local, state and federal regulations regarding the handling and storage of hazardous materials would reduce potential hazardous material safety impacts to a level that is considered less than significant. C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? Potentially Significant Unless Mitigation Incorporated The project site is currently occupied by an existing service station. In 1984 three gasoline underground storage tanks were removed. Both soil and groundwater on the project site was impacted by elevated levels of petroleum hydrocarbons, including MTBE. In 2001, the Santa Ana Regional Water Quality Control Board (SARWQCB) approved a corrective action plan for the project site, which involved the removal of 539 tons of soil and installation of groundwater extraction system. To monitor the progress of the clean up operations and the presence of contaminated water, five monitoring wells were installed on the project site. Subsequently, six additional monitoring wells were installed on the project site. Since 2001, quarterly status reports have been submitted to the SARWQCB. The reports indicate decrease levels of contamination. However, the existing monitoring wells would still need to be active during the construction and operation of the proposed project, until the time a closure letter would be issued by the Regional Water Quality Control Board. Mitigation Measures The approved site plan for the project shall show the location of all monitoring wells on the project site. The site plan shall reflect that the monitoring wells 13 31A~44 would be accessible for monitoring and maintenance during the construction and operation of the project. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Unless Mitigation Incorporated According to the Orange County Airport Environs Land Use Plan, the project site is not located within an accident potential zone, or clear zone. The project site is included within the FAA Notification Area and would require coordination with the John Wayne Airport Land Use Commission. However, given the single story height of the proposed project, the proposed project would not pose an obstruction to air navigation and would not pose a hazard to people working in or residing in within the project area. Mitigation Measure Prior to the issuance building permits, the project applicant shall coordinate with the John Wayne Airport Land Use Commission. VIII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? I. Resulting an increase in pollutant discharges to receiving waters? J. Result in significant alteration of receiving water quality during or following construction. E. Otherwise substantially degrade water quality? K. Could the proposed project result in increased erosion downstream? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can 14 31AtrA5 it result in an increase in any pollutant of which the body is already impaired? o. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? Potentially Significant Unless Mitigation Incorporated The City of Santa Ana is included within four watersheds, San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana implements the goals, objectives and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. Storm water flows from the proj ect site would be conveyed to Lane channel and the Santa Ana-Delhi Channel before ultimately discharging into Reach 1 of San Diego Creek. The Santa Ana Regional Water Quality Control Board has identified San Diego Creek as impaired by nutrients, sediments, metals and pesticides. The primary concern for water quality pollutants associated with the operation of the proposed proj ect would be from the car wash operation. Degraded water resulting from the washing of vehicles could result in adverse water quality impacts to downstream receiving waters. To minimize water quality impacts the proposed project would be required to install sand/grease interceptor. 15 31A8~6 Additionally, nuisance is another source of potential water quality impacts. Nuisance flows are defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since nuisance flows usually originates in the street, they commonly contain many common pollutants found in streets such as oil/grease, metals and sediment. Because the proposed project includes a service station use there is a higher potential for water quality impacts associated with substances such as oil and grease. The service station contains an existing clarifier, which retains oil and greases from entering into the local storm water system. Therefore, long-term water quality impacts from the operation of the proposed project would be less than significant. During construction operations there is the potential that surface water runoff could be degraded, if conveyed into the local storm drain system, potential adverse water quality impacts could occur to downstream receiving waters. To minimize potential construction related water quality impacts, the proposed proj ect would be required to employ Best Management Practices during construction. Mitigation Measure · Building plans for the proposed proj ect shall reflect that a sand/grease interceptor is provided within the proposed car wash area. · Building plans for the proposed project shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact 16 31A8~ 7 Construction operations for the proposed project would not require de-watering activities. Additionally, the proposed project would not interfere with ground water recharge because the site is not located in an area that is known to recharge the ground water system. The short-term construction operations and long-term operation of the proposed project would not have any adverse impact on groundwater supplies. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which, would exceed the capacity of existing or planned stor.m water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. Less Than Significant Impact The project site is located within an urbanized area with improved drainage facilities. Based on a preliminary analysis of drainage conditions and facilities on the project site and the surrounding area, the City's Public Works Department has indicated that it is feasible that existing drainage facilities within the project area would be able to adequately drain the proposed project. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? H. Place within a 100-year floodplain structures which would impede or redirect flood flows? 17 31A8~8 No Impact According to the Flood Rate Insurance Map 0602320278H, the project site is located within Flood Zone X and not subject to 100-year flood risks. Implementation of the proposed project would not increase the risk of flooding. IX. LAND USE/PLANNING A. Physically divide an established community? Less Than Significant Impact The proposed project would not physically divide any established community, in that no existing residential uses are located on the project site. The proposed project would essentially be the continuation of an existing use. No adverse land use compatibility impacts would be associated with implementation of the proposed project. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact The proposed project is consistent with the General Plan and conditionally permitted in the City's Zoning Ordinance. Implementation of the proposed project would not be in conflict with any planning programs or policies in the City. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan Land Use Element EIR, the project site is not included within any habitat conservation plan or any natural community conservation plan. X. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on 18 31A8~9 a local general plan, specific plan or other land use plan? No Impact According to the City's General Plan Land Use Element EIR there are no areas in Santa Ana designated as significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. NOISE The proposed project has the potential to generate noise during project construction and operation, which may affect sensitive receivers within the project area. Noise impacts generated by the proposed project would be subject to noise standards established in the City's Municipal Code Noise Ordinance. Noise Regulations Noise is most often defined as unwanted sound. Sound pressure magnitude is measured and quantified using a logarithmic ratio of pressures, the scale of which gives the level of sound in decibels or dB. Typically, a 3dB increase over existing noise levels is perceptible to the human hearing system. The human hearing system is not equally sensitive to sound at all frequencies. Therefore, to approximate this human, frequency-dependent response, the A-weighting filter system is used to adjust measured sound levels. When sound is measured for distinct time intervals, the statistical distribution of the overall sound level during that period can be obtained. The energy-equivalent sound level, Leq, is the most common parameter associated with such measurements. The Leq metric is a single-number noise descriptor, which represents the average sound level over a given period of time. To account for the increased sensitivity of people to noise occurring at night, a number of noise metrics have been developed. Two of the more commonly used metrics are the Day-Night Sound Level (Ldn) and the Community Noise Equivalent Level (CNEL). The Ldn, which was developed by 19 3tA8~O the United States Environmental Protection Agency, is a 24- hour average sound level (similar to a 24-hour Leq) in which a 10 dB penalty is added to the Leg occurring between the hours of 10:00 PM and 7:00 AM. CNEL, which was developed for use in the California Airport Noise Regulations, is similar to the Ldn except that a five dB penalty is also added for noise occurring during evening hours from 7:00 PM to 10:00 PM. Therefore, both the L~ and CNEL noise metrics provide 24-hour averages of A-weighted noise levels at a particular location. The distinction is that Ldn includes a nighttime adjustment while the CNEL metric includes both an evening and a nighttime adjustment. For noise generated from vehicle traffic, CNEL and Ldn can be used interchangeably because noise levels would differ between these two noise descriptors by less than one dB. Stationary Source Noise Standards The City of Santa Ana uses an hourly exterior noise standard to regulate stationary sources of noise. This hourly exterior noise standard has allowances for higher noise levels that would occur for shorter time periods. For example, the exterlor nOlse level standard is set at 55 dBA over 30 minutes of an hour. This means that 50% of the noise levels measured in an hour can not exceed 55 dBA. The corresponding noise statistic (Ln) for this is L50 which is calculated by dividing 30 minutes over 60 minutes and shows that noise level that is exceeded 50% of the time. Another example is the 60 dBA exterior noise standard which is allowed to occur for 15 minutes of a 60 minute hour or 25% of the time (15 minutes divided by 60 minutes). Table N-1 below shows exterior stationary noise standards and their corresponding Ln. Noise Table N-1 Standard and Correspond Ln (dBA) 75 70 65 60 55 City Maximum Exterior Noise Standard Time Allowed to Occur Maximum 2 minutes Corresponding Ln Maximum L(2) 5 minutes L (8) 15 minutes L (25) 30 minutes L (50) The City of Santa Ana Noise Regulation is provided in Article 6 of the Municipal code. The standards address both exterior and interior noise impacts. 20 31A~51 Exterior Environment Noise Standards The following standards from the City noise ordinance apply to exterior noise impacts. A. Table N-2 identifies the exterior noise standards for residential areas. All residential uses are in Noise Zone 1. The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: Table N-2 EXTERIOR NOISE STANDARDS Noise Zone Noise Level Time Period 1 55 dB(A) 7:00 a.m. - 10:00 p.m. 1 50 dB(A) 10:00 p.m. - 7:00 a.m. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) dB (A). B. It shall be unlawful for any person at any location within the City of Santa Ana to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, to exceed: . The noise standard for a cumulative period of more than thirty (30) minutes in any hour; or . The noise standard plus five (5) dB (A) for a cumulative period of more than fifteen (15) minutes in any hour; or · The noise standard plus ten (10) dB (A) for a cumulative period of more than five (5) minutes in any hour; or · The noise standard plus fifteen (15) dB (A) for a cumulative period of more than one minute in any hour; or 21 31A~2 · The noise standard plus twenty (20) dB (A) for any period of time. C. In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. Interior Noise Standards The following standards from the City's Noise Ordinance apply to interior noise impacts. A. Table N-3 identifies the exterior noise standards for residential areas. The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: Table N-3 INTERIOR NOISE STANDARDS Noise Zone Noise Level Time Period 1 55 dB (A) 7:00 a.m. - 10:00 p.m. 1 45 dB (A) 10:00 p.m. - 7:00 a.m. B. It shall be unlawful for any person at any location within the City of Santa Ana to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, to exceed: . The noise standard for a cumulative period of more than thirty (30) minutes in any houri 22 31A-53 25 of 85 . The noise standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any houri . The noise standard plus ten (10) dB (A) for a cumulative period of more than five (5) minutes in any houri or · The noise standard plus fifteen (15) dB (A) for a cumulative period of more than one minute in any houri or . The noise standard plus twenty (20) dB (A) for any period of time C. In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. Construction Noise Provisions According to the Noise Ordinance noise sources associated with construction, repair, remodeling, or grading of any real property are exempt from regulation, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. Existing Setting The project site is located at the southwest corner of MacArthur Boulevard and Main Street in the City of Santa Ana. Both MacArthur Boulevard and Main Street are heavily traveled roadway arterials. The project site is adjacent to the MacMain Plaza to the west and condominiums to the south the project site. Certain land uses are particularly sensitive to noise. As specified in the City's General Plan Noise Element, noise- sensitive uses include residential, school, and open space/recreation uses where quiet environments are 23 31A-54 26 of 85 necessary for enjoYment. The nearest sensitive receivers are residential condominium uses located 61 feet to the south of project site across a parking lot of the MacMain Plaza. Currently, a six feet masonry block wall separates the project site from the parking lot and another 6 feet wall separates the parking lot from the condominiums. Noise Monitoring Noise monitoring was conducted on February 27, 2005 (Sunday) during the hours for which the automated car wash would operate, which is 7 AM to 9 PM. Sunday was chosen for measurements because this day would be expected to have the lowest traffic noise and hence this would be the day that any increases in noise from the project would be most noticeable. Noise measurements were conducted in the MacMain parking lot between the project site and the condominiums to the south. The monitoring location is described below and shown in Exhibit 3; Time Leq Lmax Lmin L(2) L (8) L(25) L(50) 7:00 AM 57 74 47 64 60 56 54 8:00 AM 56 76 45 62 59 56 53 9:00 AM 58 73 46 67 61 58 56 10:00 AM 65 73 54 68 67 66 65 11:00 AM 66 76 63 68 67 66 66 12:00 PM 64 81 51 67 66 65 64 1:00 PM 63 85 50 71 64 62 60 2:00 PM 62 78 55 68 64 62 60 4:00 PM 64 71 59 68 66 64 63 At the MacMain Parking Lot noise levels were relatively low for being in proximity of MacArthur Boulevard and Main Street. These low noise levels are due to the distance of the sound level meter from MacArthur Boulevard and Main Street as well as the presence of a six feet wall, which provides noise attenuation for both streets. The noise levels are very low in the early morning hours, increase in the afternoon and decrease in the evening. Ambient noise levels are higher at locations closer to Main Street or MacArthur Boulevard which are the primary sources of noise proximate to the project site. Table N-4 identifies the monitored ambient noise levels. The noise measurements demonstrate that the ambient noise level is lower than the City's exterior noise standards for various hours of the day. Table N-4 Morning Peak Hour - Ambient Noise Monitoring Summary (dBA) 24 31A-55 27 of 85 l. ~ ,j' --I {\><>',J I j! '\-, -,~ ,j. '\' <'''J '->~~~,~ \" i ~ '\~ " ,I / I! i __.~~.,.....,.....--..---,--.----.".-....". I ~?;:?/;~0'7,7;:~W:////-;;:0::/~;~~: </ :j /~ ~ ~ -, r "'~-- Existing Commercial ~:~; :,<</>j-:/', %//(//<~< '/,<'-;.<>:'-: ':>/ //.,..;./,,/~, Existing Apartments (Noise Sensitive) . Noise Monitoring Location Exhibit 3 ~ /" /, :~' ,> ~/ Noise Monitoring Locations and Noise Sensitive Receivers MAC ARTH R BLVD. /,/-" '. r T~Ij~'~7-< 1 i 1/ I l r , 1. ;I, c. ".'''' 1':'''"' I , I:' <. I' .< j, , f;; ~ ~ ;~.. '-'h---..L--~-r-:'-;~---f--"j ~ '..t I'" \ '\;; \" '. ....... 4: :E ;,.,J .;...... ~ ! . [...,/' /.~ Existing Apartments (Noise Sensitive) T NOT TO SCALE ['] 31~~R56 6:00 PM 59 74 48 64 62 60 56 7:00 PM 56 74 45 62 59 56 54 8:00 PM 55 71 46 63 59 55 53 City's Exterior Noise Standards 75 70 65 60 55 IMPACTS A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. C. A substantial per.manent increase in ambient noise levels in the project vicinity above levels existing without the project. Potentially Significant Unless Mitigation Incorporated Long-term operational noise impacts would be associated with the operation of the carwash and service station. Operational noise impacts generated by the proposed project would be considered stationary source noise impacts and would be subject to regulation by the City's Municipal Noise Ordinance. A proposed project would have a significant adverse noise impact if the project would exceed the Stationary Source Noise Standards shown on Table N-l, Exterior Noise Standards shown on Table N-2 and the Interior Noise Standards shown on Table N-3. The long-term operation of the proposed project would involve noise generated from gas station customers purchasing and pumping fuel, purchasing items from the convenience store and using the automated car wash. Noise associated with customers purchasing fuel entails vehicle ingress/egress, door slams, car starts and possibly speech. Noise from customers purchasing and pumping gasoline would not change from existing conditions and as such would not represent a significant increase in noise. The majority of customers using the project's convenience store would also be those that are purchasing gasoline and as such would not generate any additional noise than those purchasing fuel. Those customers that pass by and only purchase items from the convenience store would not generate substantial levels of noise due to the low speeds of vehicles accessing the project site and the very short duration and magnitude of noise generated by engine starts and door slams compared to the eXlstlng nOlse enVlronment. 25 3~17 The primary source of noise associated with the operation of the proposed project would be from customers utilizing the automated car wash. The automated car wash generates noise from sprayers that apply detergent and water, brushes (if used), blowers used to dry the car and equipment used in the car wash process. Two different types of automated car washes are being considered by the project developer. One utilizes the Mark VII automated car wash system which is a freestanding car wash. Freestanding car wash equipment are situated on a track that moves along the entire extent of the car spraying water, detergent and blowing dry the vehicle. Noise measurements of a Mark VII car wash in Fountain Valley were taken on February 24 and shown in Table N-5. The loudest portion of the Mark VII wash process is the pressurized water sprayers and the air blower. The second automated car wash equipment being considered by the project developer is the Ryko car wash system, which employs water sprayers and cloth brushes that operate along the entire extent of the car being washed. After the car is washed, the driver of the car slowly drives the car to a fixed place blower, which dries the car as it passes. The loudest portion of the Ryko car wash process is the blower. Noise measurements were also obtained of the Ryko car wash equipment in the City of Garden Grove on March 7, 2005. Exterior Noise Impacts The City of Santa Ana Noise Ordinance establishes maximum hourly exterior noise standards for the hours of 7 AM to 10 PM. The proposed car wash activity would occur from 7 AM to 9 PM. The hourly noise levels of the two sets of car wash equipment being considered was calculated based on a peak number of 10 car washes per hour1. As shown in Table N-5, the calculated hourly noise levels would exceed the City's exterior noise standard for either type of car wash system. As such, the automated car wash would result in a significant impact to the noise environment and mitigation would be needed to meet the City's exterior noise standard. To reduce potential noise impacts to a level considered less than significant, a 12-foot sound wall is recommended between the proposed carwash and the existing 6-foot block wall along the project site's southern property line. 1 Based on an estimate of car washes per hour at an existing automated car wash owned by of David Shamtoub, located at 25800 S. Western Avenue, Harbor City. 26 3tA~~8 Exhibit 4 shows the location of the recommended sound wall. To ensure the effectiveness of the sound wall noise monitoring is also recommended once the operation of the proposed project begins. Interior Noise Impacts Based on noise levels shown N-5 the proposed project would be able to meet the City's interior noise standard. A typical residential structure provides 12dB noise attenuation with windows open, from exterior to interior noise levels. With windows closed, a 24 dB noise reduction would typically occur. With this level of noise attenuation, the City's interior noise standard would be achieved with either a windows open or windows closed condition. No mitigation would be necessary. Table N-5 Automated Car Wash Noise (dBA) ~aximuml L(2) L(8) L(25) L(50) MARK VII GARWASHEQJ!lIPSEN':E' Hourly Noise Level at Property Line of Condominiums City Noise Standards Exceeds Exterior Noise Standard? MAR1('........VII..........GAR.........WASH<SQUI Hourly Noise Level at Windows/Balconies of Condominiums City Noise Standards Exceeds Exterior Noise Standard? RYKQ... GAR..WASHEQUx..PMSNT Hourly Noise Level at Property Line of Condominiums City Noise Standards Exceeds Exterior Noise Standard? R:y-1{'O CAR.......WASHEQUIPMEN'I.' Hourly Noise Level at Windows/Balconies of 61 61 61 60 75 No 70 No 65 No 60 No 60 60 59 58 75 No 70 No 65 No 60 No 65 64 63 60 75 No 70 No 65 No 60 Yes 27 31A8~9 57 55 Yes 55 55 Yes 51 55 No 47 Sound Wall Locations , ,_ ,.""A ~RTHr BLVD. '~ \ \ JA~ - l <--1'-1 _ _--.J _ ~--- i LJ~ \:'1 "'S~ \ \ / ",_I ~ Existing Apartments (Noise Sensitive) Existing ; Apartments ;.; (Noise Sensitive) --- 12-Foot Sound Wall Exhibit 4 >- w w <>: >- :J ~ 1- ! ~ . i ': ! : , i ; , NOT TO SCAlE [IJ 31~fRO Condominiums City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise No No No No No Standard? The Planning Center, March 8, 2005 Cumulative Operational Noise Impacts The primary noise sources within the project area vicinity are vehicle traffic along MacArthur Boulevard and Main Street. Noise levels decrease with distance from these sources. Noise sensitive uses such as the condominiums located south of the project site are currently exposed to substantial levels of noise from Main Street and secondarily from MacArthur Boulevard. While noise generated by the proposed project would be in compliance with the City's exterior and interior noise standards, project generated noise would still be discernable and will contribute to the overall noise level in the area. MITIGATION MEASURES . Building plans for the proposed project shall reflect that the proposed car wash would be a Mark VII Automated Car Wash System or the Ryko Car Wash System. . Building plans for the proposed project shall reflect a sound wall with a minimum height of 12 feet and a density of at least 4 Ibs. per square feet. The location of the sound wall shall be provided in accordance with Exhibit N-1. . Mitigation monitoring shall be conducted after construction of the project to ensure that noise generated by the automated car wash shall not exceed the City's exterior noise standard. If the operation of the automated car wash exceeds the City's standards, additional noise mitigation shall be required to achieve compliance with the City's exterior noise standard. Additional mitigation may include the installation of automated doors at the entrance and exit of the car wash or sound walls. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. 28 3'A~~1 B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. Potentially Significant Unless Mitigation Incorporated Construction operations associated with the proposed project would increase existing noise levels within the project area. Noise generated during construction is a function of construction equipment used, the location of the equipment, and the timing and duration of the noise-generating activities. Construction of the proposed project is anticipated to commence October 2005 with an estimated duration of 3-6 months. Construction noise levels reported in Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances, (United States Environmental Protection Agency (EPA), 1971) were used to estimate future construction noise levels for the proposed project. Typically, the estimated construction noise level is governed primarily by the highest noise producing pieces of equipment. Table N-6 presents typical noise levels generated at varying distances from project construction sites during various construction phases and under minimum and maximum equipment usage scenarios. Table N-6 presents noise levels for the various construction phases. The nearest noise sensitive use is the condominium complex 61 feet to the south of the project site. Noise Levels at Table N-6 Project Construction Minimum Required Equipment in Use1 (50 feet from Project Sites (dBA Leq) All Applicable Equipment in Use1 ConstruCtion) Construction Phase Reference Noise Levels Ground 84 84 Clearing/Demolition Excavation 79 89 Foundation 78 78 Construction Building 76 85 Construction Finishing and Site 76 89 Cleanup Noise Levels at Condominiums (61 feet South from Project Construction) Ground 82 82 Clearing/Demolition Excavation 77 87 Foundation 76 76 29 31A-62 34 of 85 Table N-6 Noise Levels at Project Construction Sites (dBA Leq) Construction Building 74 83 Construction Finishing and Site 74 87 Cleanup Construction of the proposed project would not be expected to use large quantities of construction equipment. The addition of the convenience store, car wash and walls would primarily be constructed by hand with possible use of a backhoe for building footings. Consequently, noise levels generated from project construction would be expected to generate those noise levels listed under the minimum required equipment in use. As such, noise levels may intermittently range from 74-82 dBA Leq at the nearest noise sensitive use, which are the condominiums to the south of the project site. To reduce potential construction related noise impacts to a level that would be less than significant the proposed project would be required to comply with the City's Noise Ordinance by limiting the hours of construction activity from 7:00 AM to 8:00 PM Monday through Saturday and no construction activity on Sundays and Federal Holidays. Mitigation Measure . Construction plans for the proposed project shall reflect that construction operations would be limited to 7 AM to 8 PM Monday through Saturday, and not permitted on Sundays or Federal Holidays. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact The Airport Environs Land Use Plan for Orange County establishes policies and standards to protect the public from the adverse effects of aircraft noise. The Airport Environs Land Use Plan establishes two Noise Impact Zones around the vicinity of John Wayne Airport. Noise Impact Zone 1 is areas where the CNEL is greater than 65db CNEL. 30 31A-63 35 of 85 Noise Impact Zone 2 is areas where the CNEL is 60 dB or greater, but less than 65dB. The project site is located approximately 900-feet outside of the 60 dB CNEL. Therefore, the project site would not be significantly impacted with aircraft noise. XII. POPULATION AND HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed project is consistent with the General Plan. Implementation of the proposed project would not induce additional population growth into the area, nor would it displace any existing households or housing. XIII. PUBLIC SERVICES Fire Protection: Less than Significant Impact The Santa Ana Fire Department would provide fire protection and emergency medical services for the proposed project. According to the Santa Ana Fire Department, implementation of the proposed project would not significantly increase the demands for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Additionally, through the City's development review process, the fire department has reviewed and determined that the proposed project would provide adequate fire protection facilities and services. Police Protection: Less Than Significant Impacts The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, implementation of the 31 3'A~4 proposed project would not significantly increase the demand for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Schools: Less Than Significant Impact The project site is included within the boundaries of the Santa Ana Unified School District (SAUSD). Implementation of the proposed project would not directly generate project-specific demands for new school facilities. However, the project would be subject to provide school impacts fees to help address cumulative impacts to school services in SAUSD. To help fund new construction of school facilities, SAUSD levies the maximum State approved impact fee of $0.33 per square feet of commercial area. The payment of fees to the district would mitigate impacts on school services to a level considered less than significant. To insure payment of school services, the following mitigation measure shall be implemented. Mitigation Measure . Prior to the issuance of building permits, the project applicant shall submit evidence to the City of Santa Ana Building and Planning Department that appropriate school impact fees have been paid. Parks, Other Public Facilities: Less Than Significant Impact The proposed project involves the construction and operation of a service station/car wash. Implementation of the proposed project would not significantly increase the demands for additional park facilities or other public facilities. XIV. RECREATION A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 32 3'A~5 B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact The proposed project involves the operation of a service station/carwash. Implementation of the proposed project would not increase the demands for existing recreation facilities or generate the demand for additional recreation facilities. xv. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact The proposed project is consistent with the City's General Plan and the traffic projections within the Circulation Element. The Public Works Department has determined that implementation of the proposed project would not result in significant project-related traffic impacts or individually or cumulatively exceed any required level of service established by the City or by the County's Congestion Management Program. C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact The proposed project involves the operation of a service station/carwash. Implementation of the proposed project would not result in any changes to air traffic patterns. The proposed project would not result in any substantial safety risks related to aircraft traffic. 33 3~A~6 D. Substantially increase hazards to a design feature Less Than Significant Impact Construction operations associated with the proposed project could result in a short-term increase of construction traffic volumes within the project area. However, the increased level of construction traffic is not expected to significantly increase vehicle or pedestrian hazards within the project area. E. Result in inadequate emergency access Less Than Significant Impact As part of the City's development review process, the Fire Department has reviewed the proposed project for potential impacts in regards to emergency access. The Fire Department has determined that adequate emergency access would be provided. F. Result in inadequate parking capacity Less Than Significant Impact In accordance with the City's parking standards, the proposed project is providing a total of 6 onsite parking spaces. No adverse parking impacts would be associated with the proposed project. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Implementation of the proposed project would not displace existing public transportation facilities. XVI. UTILITIES A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 34 31A8~7 B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? E. Result in the deter.mination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. Less Than Significant Impact The City of Santa Ana and the Orange County Sanitation District would provide wastewater service to the project site. A combination of local sewer lines and a 39-inch trunk line located along Main Street would provide wastewater service to the site. The treatment of wastewater would be provided at Reclamation Plant 1 in the City of Fountain Valley. The proposed project is consistent with the City's General Plan and therefore would be consistent with the City's urban Water Management Plan. The wastewater demands of the project are accounted for in the Urban Water Management Plan. The proposed project would not significantly increase the demand for wastewater service over current levels wastewater demand within the project area. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate water service to the project site. The proposed project would be required to provide appropriate sewer connection fees with the City of Santa Ana and the Orange County Sanitation District. No adverse impacts in regards to the provision of adequate wastewater service would be associated with the proposed project. c. Require or result in the construction of new stor.m water drainage facilities or expansion of existing facilities, the construction of which could cause significant effects. Less Than Significant Impact The project site is located within an urbanized area with improved drainage facilities. Implementation of the proposed project would not significantly increase the 35 31A8~8 amount of surface water runoff generated from the project site. Implementation of the proposed project would not require the construction of new drainage facilities that would impact the environment. D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? Less Than Significant Impact The proposed carwash use would increase the demand for water service over current levels water demand within the project area. However, the project is consistent with the General Plan and water demands for the project are accounted for the in the Urban Water Management Plan. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate water service to the project site. No adverse impacts in regards to the provision of adequate water service would be associated with the proposed project. F. Is the project served by a landfill with sufficient per.mitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste disposal service for the proposed project. The proposed project would not significantly increase the demand for solid waste disposal over current levels of demand within the project area. Additionally, the City has adopted a Source Reduction and Recycling Element, which, establishes programs to reduce the City's overall demand for solid waste disposal. No significant adverse impacts would be associated with providing solid waste disposal service for the proposed project. 36 31A~9 XVII. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No Impact Implementation of the proposed project would not substantially reduce the habitat of fish, wildlife species, or cultural resources in that no fish, wildlife populations or cultural resources are known to exist on the project site. B. Does the project have impacts that are individually limited but cumulatively considerable? Less Than Significant Impact Implementation of the proposed project would not result in significant cumulative impacts. The proj ect' s incremental contribution would not be cumulatively considerable because the proposed project would comply with the applicable requirements of the uniform building code, conditions of approval, mitigation measures and applicable City Ordinances, which provide specific requirements that would avoid any significant cumulative impacts within the project area. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? Less Than Significant Impact The project would not have any direct or indirect adverse impacts on human beings. Mitigation measures have been required for the construction and operation of the proposed project to insure that the project would not have a direct or indirect adverse significant impact to human beings or the environment. 37 314At870 XVIII DETERMINATION Based upon the evidence in light of the whole record documented in the above environmental evaluation and cited references, I find that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. XVIV REFERENCES City of Santa Ana General Plan, September 1982 City of Santa Ana General Plan Land Use Element EIR, SC No. 97071058, October 1997, Noise Study Mobile Car Wash, The Planning Center, March 2005 City of Santa Ana Zoning Ordinance, December 1998 City of Santa Ana Noise Ordinance South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, 2001 Site Visit by Dan Bott Environmental Coordinator, March 2005 National Register of Historical Resources City of Santa Ana Local List of Historical Resources California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan Flood Rate Insurance Map 0602320029F City of Santa Ana Noise Ordinance City of Santa Ana Development Review Committee 38 31A-71 43 of 85 California Department of Conservation Farmland Mapping and Monitoring Program Seismic Hazard Zone Map xx. PREPARERS Dan Bott, City of Santa Ana Environmental Coordinator 39 3tA872 crwfA Environmental Checklist For CEQA Compliance PLANNING DIVISION I. Project Title: Mobile Carwash II. Project Numbers: ER 2003-232 III. Lead Agency Name and Address: City of Santa Ana Planning Division P.O. Box 1988 (M-20) Santa Ana, CA 92702 IV. Environmental Coordinator and Phone Number: Dan Bott (714) 667-2719 V. Project Location: Intersection of Main Street and MacArthur Boulevard Environmental Determination On the basis of this initial evaluation, I find that: A.D The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. ~ Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. c.D The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D.D Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. 0 Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. 0 Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant eff~SIY discussed. A SUBSEQUENT EIR shall be prepared. ~~~--) s;gnat:0O,VI ~1t- Printed N . March 15. 2005 Date db\Env Form CEOA Chklst 31Aa73 Page 1 of 1 ~'A Environmental Checklist For CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics - Would the project: A. Have a substantial adverse effect on a scenic vista? D D D ~ B. Damage scenic resources, including but not limited D D D to, trees, rock outpourings and historic buildings within a state highway? c. Substantially degrade the existing visual character J( or quality of the site and its surroundings? D D D D. Create a new source of substantial light or glare which would adversely affect day or nighttime views rJ[ in the area? D D D dblEnv Form CEOA Chklst Page 1 of 12 ATTACHMENT B 31A874 anlA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) D D D D D D D D D ft( ~ ~ III. Air Quality - Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: B. Conflict with existing zoning for agricultural use or a Williamson Contract? C. Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceed quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant concentrations? dblEnv Form CEQA Chklst ATTACHMENT B 31A'875 D D D D D A1 D D D D ~ ~ ~ D D D Page 2 of 12 ~'A Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? dblEnv Form CEQA Chklst ATTACHMENT B 31A"876 Potentially Significant Impact o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o Less Than Significant Impact ~ o o o o o o o No Impact o ~ ~ fr[ ~ ~ ~ ~ Page 3 of 12 ~'A Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of an known earthquake fault, as delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? c. Would the project result in the loss of a unique geologic feature? D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? dblEnv Form CEQA Chklst ATTACHMENT B 31A"877 Potentially Significant Impact D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D Less Than Significant Impact D D D ~ % D (( D ~ D No Impact fti D ;3( D D 0( D % D 41 Page 4 of 12 aRIA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials - Would the project: A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality - Would the project: A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? dblEnv Form CEQA Chklst ATTACHMENT B 3tA"878 Potentially Significant Impact D D D D D D Potentially Significant Unless Mitigation Incorporated D D ~ ~ M D Less Than Significant Impact No Impact M D ~ D D D D D D D D )( Page 5 of 12 ~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H, Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water quality during or following construction? K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated increased runoff? db\Env Form CEOA Chklst ATTACHMENT B 3tA819 Potentially Significant Impact D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D P\ D D D ~ ~ 9t< D Less Than Significant Impact ~ * D D D D D D D ~ No Impact D D D ~ ;r % D D D D Page 6 of 12 ~fA Environmental Checklist For CEQA Compliance M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on groundwater quality? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? IX. Land Use and Planning- Would the project: A. Physically divide an established community? B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation plan or natural community conservation plan? X. Mineral Resources - Would the project: A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Issues & Supporting Information Sources dblEnv Form CEOA Chklst ATTACHMENT B 31A8~O D D D D D D D D D D Potentially Significant Impact }xi ~ ~ D f& ~ D D D D Potentially Significant Unless Mitigation D D D D D D i&' ~ D D Less Than Significant Impact D D D ft( D D D D )( J2( No Impact Page 7 of 12 anf^ Environmental Checklist For CEQA Compliance XI. Noise - Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive groundborne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Issues & Supporting Information Sources db\Env Form CEOA Chklst ATTACHMENT B 31At8~ 1 D D D D D D D D Potentially Significant Impact Incorporated k( ~ ~ ~ D D D D Potentially Significant Unless Mitigation D D D D A D D D Less Than Significant Impact D D D D D ~ ~ % No Impact Page 8 of 12 ~fA Environmental Checklist For CEQA Compliance XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation I Traffic A. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) Issues & Supporting Information Sources db\Env Form CEOA Chklst ATTACHMENT B 31A"8P2 D D D D D D D D D Potentially Significant Impact Incorporated D D D ~ D D D D D Potentially Significant Unless Mitigation D )!( ,Q( D ~ pr D D ~ Less Than Significant Impact D D D D D D ~ fiZ D No Impact Page 9 of 12 anf^ Environmental Checklist For CEQA Compliance B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Issues & Supporting Information Sources dblEnv Form CEQA Chklst ATTACHMENT B 3tA"8P3 D D D D D D D D D D D Potentially Significant Impact Incorporated D D D D D D D D D D D Potentially Significant Unless Mitigation p( D ~ Q( % ~ ~ J4. ~ % )( Less Than Significant Impact D ~ D D D D D D D D D No Impact Page 10 of 12 ~fA Environmental Checklist For CEQA Compliance F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? dblEnv Form CEOA Chklst ATTACHMENT B 31A"8P4 Incorporated D x D D D )( D D D A D D D ~ D D D ~ D D Page 11 of 12 NOISE STUDY FOR: MOBIL OIL STATIONI CAR WASH EXPANSION - SANTA ANA ~ prepared for: Mr. David Shamtoub PrePared bv: THE PLANNING CENTER Contact: Tin Cheung, Senior Environmental Scientist MARCH 14, 2005 31A'8P5 NOISE STUDY FOR: MOBIL OIL STATIONI CAR WASH EXPANSION SANTA ANA ~ prepared for: 1508 Greenfield #305 Mr, David Shamtoub Los Angeles, CA 1580 Metro Drive Costa Mesa, CA 92626 Tel: 714,966.9220 . Fax: 714.966.9221 E-mail: costamesa@planningcenter.com Website: www.planningcenter.com 31&86 prepared by: THE PLANNING CENTER Contact: Tin Cheung, Senior Environmental Scientist SHAM-01 MARCH 14, 2005 Table of Contents Section PaQe 1. INTRODUCTION AND SUM MARY... ................ ............................... .............. ...... ......... .......3 1.1 INTRODUCTION .,,,.,,,,,,,,,,..,,,,,,,.,,,,,,.,,,,,,,,,,,,.,,.,,,,,,,,,,,.,,.,,.,,,,,,,,,,,,,,,,.,,,,.,,."""" ,"""" " """"." "" " 3 1.2 SUMMARY.".,.""" ",,"""" "" ...... ..."" "." "." ".... .."". """"." "".. ..... ...."." "". """ "".,..."" ".... ,..... ,.... 3 2. OVERVIEW OF NOISE AND VIBRATION ............................................................................ 7 2.1 NOISE DESCRIPTORS """"..".".,.........""."".""",...."................."".."",,.,........................"...."..." 7 2.2 REGULATORY SETTING FOR NOISE ..""",,,.,,.............",,.,, "... " " " ""........................""""" """ "." 9 2.3 STUDY METHODS AND PROCEDURES ..................."..."..""....."........................""""".."""""".1 0 2.4 THRESHOLDS OF SIGNIFICANCE ..........."".""""........................."....."."..."""..........................11 3. ENVI RONM ENTAL SETTI NG.............. ...... ........................... ............. ....... ....... ..... ..............12 3.1 PHYSICAL SETTING AND EXISTING LAND USES .....",,,.........................................,,...,,,,,,,,,,,,,,,,.12 3.2 NOISE-SENSITIVE RECEIVERS ".."............"."""."."",,,,,.,,......................,,.,,,,,.,,.,,,,...,,.,,,,,,"."".12 3.3 EXISTING NOISE ENVIRONMENT ..........""""""""".."............................,,,..,,,,,,,,,,,,,,,,.,,,,,,,,,,,,.,, 12 4. ENVI RONM ENTAL I M PACTS ........... ....... ........ ....... ............ ............. .................... ..............14 4.1 PROJECT RELATED NOiSE................"""",,,.,,,,,,.,,,,..,,..................................,,..,,,,,...."""""""".14 4.2 OPERATION NOISE IMPACTS """""."".".........................................."...........""".""""""""""".15 4.3 CUMULATIVE NOISE IMPACTS """...".".................................,....................".".."""".""""".......16 5. M ITIGA TION MEASURES................. ....... ..................... ........ ........... ........... ......... ...... ........ 17 5.1 EXISTING REGULATIONS AND MITIGATION MEASURES FOR SHORT TERM CONSTRUCTION NOISE..."" ...... ......... ".". ""."" ".""""" ."." "".""" "" ".""" "". "",. ,,,.,, ,,,.,,, "" .".17 5.2 MITIGATION MEASURES FOR OPERATIONS NOISE ......"...... ".. ,,,,,,,........ "",,,".....,,,, ""'" "."" " 17 6. LEVEL OF SIGNIFICANCE AFTER MITIGATION.............................................................. 19 ~ 7. REFERENCES......... ............................. ........ ......... ...... .......................................................20 APPENDICES A. Noise Monitoring and Calculations Technical N01Je Study for Mobil Oil Station/Car Wash Expansion The Planning Center March 2005 . Page i (}.:\.\1//1 M-O I, ()F\ShdNl/f!U/; J...;fii,~Nrp"I'f-FfN."ILd(l( 3 tA"8P7 Table of Contents Fiqure Figure 1-1 Figure 1-2 Figure 3-1 Figure 5-1 Table Table 2-1 Table 2-2 Table 2-3 Table 3-1 Table 4-1 Table 4-2 Table 6-1 List of Figures Paqe Project Regional Location .. ...... ....... ............ ....,...... ............. ....... ....... ...... ...... .... ,. ..... ...... ...... ..4 Proposed Project Layout............................................................,.............,.........................,... 5 Noise Monitoring Location Map and Noise-Sensitive Receivers .................................,......, 13 Sound Wall Locations.....................,..................................,..,..........".,................................. 18 List of Tables Paqe Change In Sound Pressure Level, dB ....................................................................................7 Typical Noise Levels..............................................................,....,............................"............. 8 Noise Standard and Correspond Ln (dBA) ............................................................................9 Morning Peak Hour - Ambient Noise Monitoring Summary (dBA) ......................................12 Noise Levels at Project Construction Sites (dBA Leq) .......................................,.................14 Automated Car Wash Noise (dBA) .......................................................................................16 Automated Car Wash Noise with Sound Wall (dBA)............................................................19 ~ Technical NoiJe Study for Mobil Oil Station/Car WaJh ExpanJion The Planning Center Manh 2005 . Page ii fJ: I,SIIA AI -u I J)j~\Sh"mll)lIl) __,'\ilifW Rep,Wf- F! ;...' /1 Ldlil 3tA"8pa 1. Introduction and Summary 1.1 INTRODUCTION The proposed project, Mobil Oil Service Station/Car Wash Expansion, is located at 100 West MacArthur Boulevard in the City of Santa Ana, California. The project involves the expansion of the Mobil Oil service station which includes 190 square feet of additional building space with an automated car wash and convenience store. The location of the project site is shown in Figures 1-1 and 1-2. This Noise Study evaluates potential noise impacts associated with both the construction and operational phases of the proposed project located in the City of Santa Ana. The construction phase would generate noise from power tools and vehicles used in construction excavation and building construction. The operations phase would generate noise primarily from the automated car wash. 1.2 SUMMARY 1.2.1 Existing Noise Environment To assess the existing noise environment, noise monitoring for the proposed project was conducted on February 27, 2005. Noise measurements were taken at the condominium complex located 61 feet south of the project site. This location was selected since it represents the most noise-sensitive land use with the highest potential of being affected by project-related noise The noise-sensitive use closest to the project site is a multi-family condominium complex 61 feet south of the project site, 1.2.2 Environmental Impacts Potential noise impacts were evaluated based on the City of Santa Ana's Municipal Code to determine whether a significant adverse noise impact would result from the construction and operation of the proposed project Short-term Construction Impacts ~ Project-related construction noise would result in substantial short-term increases in the ambient noise environment Noise levels would intermittently range from 74-82 dBA. With project compliance to the City's Municipal Code Section 18.314, noise generated by construction activities would be limited to the least noise sensitive portions of the day, As such, the project would not result in a short-term unavoidable significant adverse noise impact to noise-sensitive receivers, Following the completion of project construction, noise from project construction activities would cease. Long-term Operational Impacts Potential noise impacts related to the operations phase of the project would include noise generated from the project's convenience store and automated car wash. Noise generated by the additional vehicle trips to the convenience store would be minimal and as such would not contribute substantially to noise levels. The automated car wash was found to result in noise levels which exceed the City's exterior noise standard described in Section 18-312 of the municipal code prior to the application of mitigation measures, Project generated noise levels from the automated car wash were found to be in compliance with Section 18-313 (interior noise levels) of the City's municipal code. Mitigation measures include the construction of a 12 feet sound wall which would attenuate noise levels generated by the automated car wash. With the construction of the sound wall, project related noise would be in compliance with Section 18-312 of the City's municipal code and would not result in a significant impact to the noise environment Technical NozJe Study for Mobil Oil Station/Car WaJh Expamion The Plcmning Center Manh 2005 · Page 3 Q:\SIIA AI-Of .Oh'\,\AlmI1wh ___'\"Ji\rRepo!"I-FlSA Ld". 31A~89 1. Introduction Regional Location ~ NOT TO SCALE [!J Mobil Oil ExpCl1lJion Noi.re Stud) The Planning CerJter · Figure 1-1 31A8~O 1. Introduction Proposed Project Layout MAC ARTHUR BLVD. D 0 --... D 0 Source: Omni Design Group, Inc. :Ho/;';{ 0'; LXJirlTlJIOIl NfJlj{ Swd] 31&91 ~. .'""'"".........'.;-,.. ...",,"<,H NOT TO SCAl.E [IJ 7lh' PltlllllWg CtIltcr · Figure 1-2 ... ... w '" ... ... z ..: ~ ~ 1. Introduction and Summary Cumulative Construction Noise Impacts Cumulative noise impacts related to construction activities could occur if noise from other sources in the vicinity of the project site would contribute to excessive noise levels. Through the municipal code, the City of Santa Ana regulates noise generation from construction activities to the least noise-sensitive parts of the day, Other projects under construction concurrently with the proposed project in the vicinity of the project site would be required to comply with the limited hours of when construction activity is allowed to occur under the municipal code. Therefore, the construction of the proposed project along with cumulative project development would not result in a significant adverse cumulative noise impact. Cumulative Operational Noise Impacts The primary noise sources within the project vicinity are vehicle traffic along MacArthur Boulevard and Main Street. Noise levels decrease with distance from these sources. Noise sensitive uses such as the condominium located south of the project site are currently exposed to substantial levels of noise from Main Street and secondarily from MacArthur Boulevard. While noise generated by the proposed project would be in compliance with the City's exterior and interior noise standards, project generated noise will still be discernible and will contribute to the overall noise level in the area. ~ Technical Noi.re Study for Mobil Oil Statioll/Car WaJh Expamioll The Planning Center March 2005 . Page 6 fl:\.\1/,-1 i\J-O 1.(}FJ.-\hnnto/l1i _,\io/JrRfprlrl-Ff,\'/II "d,J/. 31A-92 64 of 85 2. Overview of Noise & Vibration 2.1 NOISE DESCRIPTORS 2.1.1 Noise Descriptors Noise is most often defined as unwanted sound. Although sound can be easily measured, the perception of noise and the physical response to sound complicates the analysis of its impact on people. People judge the relative magnitude of sound sensation in subjective terms such as "noisiness" or "loudness." Sound pressure magnitude is measured and quantified using a logarithmic ratio of pressures, the scale of which gives the level of sound in decibels (dB). The human hearing system is not equally sensitive to sound at all frequencies. Therefore, to approximate this human, frequency-dependent response, the A-weighting filter system is used to adjust measured sound levels. When sound is measured for distinct time intervals, the statistical distribution of the overall sound level during that period can be obtained. The energy-equivalent sound level (Leq) is the most common parameter associated with such measurements. The ~ metric is a single-number noise descriptor which represents the average sound level over a given period of time. Table 2-1 presents the subjective effect of changes in sound pressure levels. To provide perspective on the relative loudness of noise levels, Table 2-2 lists common sources of noise and their approximate noise levels. Table 2-1 Change In Sound Pressure Level, dB Change in Apparent Loudness + 3 dB Threshold of human perceptibility :': 5 dB Clearly noticeable change in noise level + 10 dB Half or twice as loud :': 20 dB Much quieter or louder Source: Engineering Noise Control (Bies and Hansen, 1988). ~ To account for the increased sensitivity of people to noise occurring at night, a number of noise metrics have been developed, Two of the more commonly used metrics are the Day-Night Sound Level (Ldn) and the Community Noise Equivalent Level (CNEL). The Ldn, which was developed by the United States Environmental Protection Agency, is a 24-hour average sound level (similar to a 24-hour Leq) in which a 10 dB penalty is added to the Leq occurring between the hours of 10:00 PM and 7:00 AM. CNEL, which was developed for use in the California Airport Noise Regulations, is similar to the Ldn except that a five dB penalty is also added for noise occurring during evening hours from 7:00 PM to 10:00 PM. Therefore, both the Ldn and CNEL noise metrics provide 24-hour averages of A-weighted noise levels at a particular location. The distinction is that Ldn includes a nighttime adjustment while the CNEL metric includes both an evening and a nighttime adjustment. For noise generated from vehicle traffic, CNEL and ~n can be used interchangeably because noise levels would differ between these two noise descriptors by less than one dB. Technical NoiJe Study for Mobil Oil Station/Car WaJh Expamion The Plcmning Center March 2005 . Page 7 Q:1511/1/\I-1J I ,OF\.\A,ml'JIj/; _i.....'oi\i!Repfll.,-rINALdllt 3tA8~3 2. Overview of Noise & Vibration Table 2-2 Typical Noise Levels Noise Level Common Outdoor Activities (dBA) Common Indoor Activities 110 Rock Band Jet Fly-over at 1,000 feet 100 Gas Lawn Mower at three feet 90 Diesel Truck at 50 feet. at 50 mph Food Blender at three feet 80 Garbage Disposal at three feet Noisy Urban Area, Daytime Gas Lawn Mower at three feet 70 Vacuum Cleaner at 10 feet Commercial Area Normal speech at three ft Heavy Traffic at 300 feet 60 Large Business Office ~ Quiet Urban Daytime 50 Dishwasher Next Room Quiet Urban Nighttime 40 Theater, Large Conference Room (background) Quiet Suburban Nighttime 30 Library Quiet Rural Nighttime Bedroom at Night, Concert Hall (back ground) 20 Broadcast/Recording Studio 10 Lowest Threshold of Human Hearing 0 Lowest Threshold of Human Hearing Source: Table N-2136.2 of California Departrnent of Transportation's Traffic Noise Analvsis Protocol (October 1998). The City of Santa Ana uses an hourly exterior noise standard to regulate stationary sources of noise. This hourly exterior noise standard has allowances for higher noise levels that would occur for shorter time periods. For example, the exterior noise level standard is set at 55 dBA over 30 minutes of an hour. This means that 50% of the noise levels measured in an hour can not exceed 55 dBA. The corresponding noise statistic (Ln) for this is L50 which is calculated by dividing 30 minutes over 60 Technical NoiJe Study for Mobil Oil Station/Car WaJh Expamion The Planning Center March 2005 . Page 8 Q:\Sf 1/1 AI-Of .Oh'\ShJmtli"l} _NI!il/'Replirt-FIi\'/ILdfil 3t&94 2. Overview of Noise & Vibration minutes and shows that noise level that is exceeded 50% of the time. Another example is the 60 dBA exterior noise standard which is allowed to occur for 15 minutes of a 60 minute hour or 25% of the time (15 minutes divided by 60 minutes). Table 2-3 below shows exterior noise standards municipal code section 18-312 and their corresponding Ln. Table 2-3 Noise Standard and Correspond Ln (dBA) City Maximum Exterior Noise Standard 75 70 65 60 55 Time Allowed to Occur Maximum 2 minutes 5 minutes 15 minutes 30 minutes Corresponding Ln Maximum L(2) L(8) L(25) L(50) 2.2 REGULATORY SETTING FOR NOISE 2.2.1 City of Santa Ana Noise Regulation The City of Santa Ana Noise Regulation is provided in Article 6 of the municipal code. The standards imposed by the City aimed at noise control include the following: Sec. 18-312. Exterior noise standards. (a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: Noise Zone 1 EXTERIOR NOISE STANDARDS Noise Level 55 dB(A) 50 dB(A) Time Period 7:00 a.m. - 10:00 p.m. 10:00 p.m. - 7:00 a.m. ~ In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) dB (A). (b) It shall be unlawful for any person at any location within the City of Santa Ana to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, to exceed: (1) The noise standard for a cumulative period of more than thirty (30) minutes in any hour; or (2) The noise standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or (3) The noise standard plus ten (10) dB(A) for a cumulative period of more than five (5) minutes in any hour; or (4) The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus twenty (20) dB(A) for any period of time. (c) In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit Technical NoiJe Study for Mobil Oil Station/Car WaJh Expamion The Planning Center March 2005 · Page 9 Q:\SII/IA1-O 1.01:"\Shrfmfw/J _NI!l.\eRtprll'f-FlN/r Ldl!( 31A8~5 2. Overview of Noise & Vibration category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (Ord. No. NS-1441 , 9 1, 8-21-78) Sec. 18-313. Interior noise standards. (a) The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: INTERIOR NOISE STANDARDS Noise Zone Noise Level Time Period 1 55 dB(A) 7:00 a.m. -10:00 p.m. 45 dB(A) 10:00 p.m. - 7:00 a.m. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) dB(A). (b) It shall be unlawful for any person at any location within the City of Santa Ana to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured within any other dwelling unit on any residential property, to exceed: (1) The interior noise standard for a cumulative period of more than five (5) minutes in any hour; or (2) The interior noise standard plus five (5) dB(A) for a cumulative period of more than one minute in any hour; or (3) The interior noise standard plus ten (10) dB(A) for any period of time. ~ Sec. 18-314. Special provisions. The following activities shall be exempted from the provisions of Article 6: (e) Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. 2.3 STUDY METHODS AND PROCEDURES Noise monitoring and noise calculations were performed to assess the existing noise environment and estimate the future noise levels with and without the proposed project. The noise monitoring program was initiated to identify noise-sensitive land uses in proximity to the project and to assess the existing ambient noise levels at the monitored location. In addition, the monitoring location was selected for those areas which have the highest potential for changes in noise levels above existing conditions. For the proposed project, the adjacent condominiums were selected and monitored on February 27,2005 from 7 AM to 9 PM. Meteorological conditions consisted of a cool sunny day with low wind speeds. Noise measurements were taken with a Larson Davis 820 sound level meter. Details on the monitoring locations are provided in Section 3.2. The noise monitoring data sheets are included in the Appendix of this Report. Project related construction and operational phase noise were calculated based on procedures described in the United States Department of Transportation's Transit Noise and Vibration Impact Assessment. Technical NoiJe Study for Mobil Oil Station/Car WaJh Expamion The Planning Center Manh 2005 . Page 10 fl:IS/IA ,,\1-1) 1, ()!:\Sh"m!(!lJiJ _:"';oi-,eReporf-Ff;\JA Ld'l< 31A8~6 2. Overview of Noise & Vibration 2.4 THRESHOLDS OF SIGNIFICANCE The analysis of impacts related to noise considers the impacts of project construction and operations noise. Based on the City of Santa Ana municipal code, the proposed project would have a significant adverse noise impact if the project results in any of the following: . Project related construction activities would occur outside of the hours specified under municipal code Article 6, Section 18-314 of 7:00 a.m. to 8:00 p.m. . Project related operations would cause the ambient noise level at the property line of affected uses to exceed the exterior or interior noise standards as specified under municipal code 18-312 and 18- 313. ~ Technical NoiJe Study for Mobil Oil Stcttion/Car WaJh Expamion The Plannmg Center March 2005 . Page]] ("Y"S} I.dill"!)] ,OF\Sh"mtlJII/; _i"Joi\/'R/'plil't-;:/I\i'/l l,d"l 31A8~7 3. Environmental Setting 3.1 PHYSICAL SETTING AND EXISTING LAND USES The project site is 21,413 square feet with 1,912 square feet of existing floor area. The project site is located at the southwest corner of MacArthur Boulevard and Main Street in the City of Santa Ana. Both MacArthur Boulevard and Main Street are heavily traveled roadway arterials. The project site is adjacent to the MacMain Plaza to the west and condominiums to the south the project site. 3.2 NOISE-SENSITIVE RECEIVERS Certain land uses are particularly sensitive to noise. As specified in the City's General Plan Noise Element, noise-sensitive uses include residential, school, and open space/recreation uses where quiet environments are necessary for enjoyment. The nearest sensitive receivers are residential condominium uses located 61 feet to the south of project site across a parking lot of the MacMain Plaza. Currently, a six feet masonry block wall separates the project site from the parking lot and another 6 feet wall separates the parking lot from the condominiums. 3.3 EXISTING NOISE ENVIRONMENT Noise monitoring was conducted on February 27, 2005 (Sunday) during the hours for which the automated car wash would operate which is 7 AM to 9 PM. Sunday was chosen for measurements because this day would be expected to have the lowest traffic noise and hence this would be the day that any increases in noise from the project would be most noticeable. Noise measurements were conducted in the MacMain parking lot between the project site and the condominiums to the south. The monitoring location is described below and shown in Figure 3-1: . MacMain Parking Lot: Noise levels at this location are relatively low for being in proximity of MacArthur Boulevard and Main Street. These low noise levels are due to the distance of the sound level meter from MacArthur Boulevard and Main Street as well as the presence of a six feet wall which provides noise attenuation for both streets. The noise levels are very low in the early morning hours, increase in the afternoon and decrease in the evening. Ambient noise levels are higher at locations closer to Main Street or MacArthur Boulevard which are the primary sources of noise proximate to the project site. Table 3-1 identifies the monitored ambient noise levels. The noise measurements demonstrate that the ambient noise level is lower than the City's exterior noise standards for various hours of the day. ~ Time Leq Lmax Lmin L(2) L(8) L(25) L(50) 7:00 AM 57 74 47 64 60 56 54 8:00 AM 56 76 45 62 59 56 53 9:00 AM 58 73 46 67 61 58 56 10:00 AM 65 73 54 68 67 66 65 11:00 AM 66 76 63 68 67 66 66 12:00 PM 64 81 51 67 66 65 64 1 :00 PM 63 85 50 71 64 62 60 2:00 PM 62 78 55 68 64 62 60 4:00 PM 64 71 59 68 66 64 63 6:00 PM 59 74 48 64 62 60 56 7:00 PM 56 74 45 62 59 56 54 8:00 PM 55 71 46 63 59 55 53 City's Exterior Noise Standards 75 70 65 60 55 Table 3-1 Morning Peak Hour - Ambient Noise Monitoring Summary (dBA) Tuhnical NoiJe Study for Mobil Oil Station/Car WaJh Expamion The Planning Center March 2005 . Page 12 {!:\Sll A ,\f-O I.OF.\Shdmll)Nh _,'\'/Ji~Rf/,rJrl-nJ\i/I/_.dfJi. 31Am98 1. Introduction Noise Monitoring Locations and Noise Sensitive Receivers AC RTH R BtVD. Existing Commercial ~ , Z <l:: ~ f' Existing Apartments (Noise Sensitive) . Noise Monitoring Location Source: Omni Design Group, Inc. Aloblle Oil E.\Pt/l1J/OII NfI/re Study NOT TO SCALE [IJ The Planning CtIlter . Figure 3-1 31A8~9 4. Environmental I npacts 4.1 PROJECT RELATED NOISE The proposed project has the potential to generate noise during project construction and operation which may affect sensitive receivers. Construction related noise impacts would largely be associated with noise from the use of construction equipment and construction tools. Operational phase noise impacts would be those that would occur beyond those that are currently produced. This would include noise generated by small increases in traffic volumes due to customers stopping only for the convenience store and the operation of the automated car wash. 4.1.1 Construction Noise Impacts Noise generated during construction is a function of construction equipment used, the location of the equipment, and the timing and duration of the noise-generating activities. Construction of the proposed project is anticipated to commence October 2005 with an estimated duration of 3-6 months. Construction noise levels reported in Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances, (United States Environmental Protection Agency (EPA), 1971) were used to estimate future construction noise levels for the proposed project. Typically, the estimated construction noise level is governed primarily by the highest noise producing pieces of equipment. Table 4-1 presents typical noise levels generated at varying distances from project construction sites during various construction phases and under minimum and maximum equipment usage scenarios. Table 4-1 presents noise levels for the various construction phases. The nearest noise sensitive use is the condominium complex 61 feet to the south of the project site. Table 4-1 ~ Noise Levels at Project Construction Sites (dBA Leq) Minimum Required All Applicable Construction Phase Equipment in Use1 Equipment in Use1 Reference Noise Levels (50 feet from Project Construction) Ground Clearing/Demolition 84 84 Excavation 79 89 Foundation Construction 78 78 Building Construction 76 85 Finishing and Site Cleanup 76 89 Noise Levels at Condominiums (61 feet South.from Project Construction) Ground Clearing/Demolition 82 82 Excavation 77 87 Foundation Construction 76 76 Building Construction 74 83 Finishing and Site Cleanup 74 87 1 Based on Bolt, Beranek and Newman, "Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances," prepared for the EPA, December 31, 1971. Source: The Planning Center (February 27, 2005). Construction of the proposed project would not be expected to use large quantities of construction equipment. The addition of the convenience store, car wash and walls would primarily be constructed by hand with possible use of a backhoe for building footings. Consequently, noise levels generated from project construction would be expected to generate those noise levels listed under the minimum required equipment in use. As such, noise levels may intermittently range from 74-82 dBA Leq at the nearest noise sensitive use which are the condominiums to the south of the project site. Because the Tuhnical NoiJe Study for Mobil Oil Stcltion/Car WaJh Expamion March 2005 . Pctge ] 4 The Plcmning Center Q:I.SIIA i\J-() 1,()L\Shdmfll/lh _N"i,rRepl)'-'-/;/N/lfbd(!j 31A~~ 00 4. Environmental I npacts project would comply with the City of Santa Ana's municipal code section 18-314 limiting the hours for which construction would occur, the City exempts noise produced during construction activities. As such, project related construction activities would not result in significant noise impacts prior to mitigation. 4.2 OPERATION NOISE IMPACTS The operations phase of the project would involve noise generated from gas station customers purchasing/pumping fuel, purchasing items from the convenience store and using the automated car wash. Noise associated with customers purchasing fuel entails vehicle ingress/egress, door slams, car starts and possibly speech. Noise from customers purchasing and pumping gasoline would not change from existing conditions and as such would not represent a significant increase in noise. The majority of customers using the project's convenience store would also be those that are purchasing gasoline and as such would not generate any additional noise than those purchasing fuel. Those customers that pass by and only purchase items from the convenience store would not generate substantial levels of noise due to the low speeds of vehicles accessing the project site and the very short duration and magnitude of noise generated by engine starts and door slams compared to the existing noise environment. The primary source of noise associated with the operation of the proposed would be from customers utilizing the automated car wash. The automated car wash generates noise from sprayers that apply detergent and water, brushes (if used), blowers used to dry the car and equipment used in the car wash process. Two different types of automated car washes are being considered by the project developer. One utilizes the Mark VII automated car wash system which is a freestanding car wash. Freestanding car wash equipment are situated on a track that moves along the entire extent of the car spraying water, detergent and blowing dry the vehicle. Noise measurements of a Mark VII car wash in Fountain Valley were taken on February 24 and shown in Table 4-2. The loudest portion of the Mark VII wash process is the pressurized water sprayers and the air blower. The second automated car wash equipment being considered by the project developer is the Ryko car wash system which employs water sprayers and cloth brushes that operate along the entire extent of the car being washed. After the car is washed, the driver of the car slowly drives the car to a fixed place blower which dries the car as it passes. The loudest portion of the Ryko car wash process is the blower. Noise measurements were also obtained of the Ryko car wash equipment in the City of Garden Grove on March 7, 2005. ~ Based on Article 6, Section 18-312, the City of Santa Ana has established maximum hourly exterior noise standards for the hours of 7 AM to 10 PM. The proposed car wash activity would occur from 7 AM to 9 PM. The hourly noise levels of the two sets of car wash equipment being considered was calculated based on a peak number of 10 car washes per hour'. As shown in Table 4-2, the calculated hourly noise levels would exceed the City's exterior noise standard for either type of car wash system. As such, the automated car wash would result in a significant impact to the noise environment prior to the application of mitigation measures. Compliance with Article 6, Section 18-313, which involve interior noise standards, will be achieved by the proposed project because typically residential structures provide 12 dB noise attenuation with windows open from exterior to interior noise levels. With windows closed, a 24 dB noise reduction can be expected2. With this level of noise attenuation, the City's interior noise standard can be achieved with either the windows open or windows closed. , Based on an estimate of car washes per hour at an existing automated car wash owned by of David Shamtoub, located at 25800 S. Westem Avenue, Harbor City. 2 Environmental Protection Agency, Protective Noise Levels, 1974. Technical NoiJe Study for Mobil Oil Station/Car Wash Expamion The Planning Center March 2005 . Page] 5 fd: 'IS11 /1,'\ I ~() 1 ,()I:'\S;'dm/IJ/(Ji _,\J'oj.t Rfjllirl-I'-' ;\'/1' ..d'Ji 31A'a~ 01 4. Environmental Inpacts Table 4-2 Automated Car Wash Noise (dBA) I Maximum I L(2) L(8) L(25) L(50) MARK VII CAR WASH EQUIPMENT Hourly Noise Level at Property Line of Apartments 61 61 61 60 57 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No Yes MARK VII CAR WASH EQUIPMENT Hourly Noise Level at Windows/Balconies of Apartments 60 60 59 58 55 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No Yes RYKO CAR WASH EQUIPMENT Hourly Noise Level at Property Line of Apartments 65 64 63 60 51 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No Yes No RYKO CAR WASH EQUIPMENT Hourly Noise Level at Windows/Balconies of Apartments 64 63 62 59 47 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No No The Planning Center, March 8, 2005 ~ 4.3 CUMULATIVE NOISE IMPACTS Cumulative Construction Noise Impacts Cumulative noise impacts related to construction activities could occur if noise from other sources in the vicinity of the project site would contribute to excessive noise levels. Through the municipal code Section 18-314, the City of Santa Ana regulates noise generation from construction activities to the least noise-sensitive parts of the day. Other projects under construction concurrently with the proposed project in the vicinity of the project site would be required to comply with the limited hours of when construction activity is allowed to occur under the municipal code. Therefore, the construction of the proposed project along with cumulative project development would not result in a significant adverse cumulative noise impact. Cumulative Operational Phase Noise Impacts The primary noise sources within the project vicinity are vehicle traffic along MacArthur Boulevard and Main Street. Noise levels decrease with distance from these sources. Noise sensitive uses such as the condominium located south of the project site are currently exposed to substantial levels of noise from Main Street and secondarily from MacArthur Boulevard. While noise generated by the proposed project would be in compliance with the City's exterior and interior noise standards, project generated noise would still be discernable and will contribute to the overall noise level in the area. Technical NoiJe Study for Mobil Oil Station/Car WclJh Expamion The Plcmning Center March 2005 . Page 16 fd:'ISII/li\I-O !.O/:'\S!Jdn/lf/uh _.'\;oiJ"Re/lf!/'I-Fl8." Ldf1( 31A~~02 5. Mitigation Measures 5.1 EXISTING REGULATIONS AND MITIGATION MEASURES FOR SHORT TERM CONSTRUCTION NOISE Project construction would not result in significant adverse noise impacts. As such, no mitigation measures are required due to compliance City municipal code Section 18-314. 5.1.1 Existing Regulations The contractor shall ensure that all site construction activities occurring in the City of Santa Ana comply with the municipal code 18-314 which states: Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. 5.2 MITIGATION MEASURES FOR OPERATIONS NOISE The following mitigation measures are necessary to achieve compliance with Section 18-312 of the municipal code. 1. A sound wall will be constructed with a minimum height of 12 feet and a density of at least 4 Ibs. per square feet. The extent of the wall is shown in Figure 5-1. 2. Mitigation monitoring will be conducted after construction of the project to ensure that noise generated by the automated car wash will not exceed the City's exterior and interior noise standards. If the operation of the automated car wash exceeds the City's standards, additional noise mitigation will be required to achieve compliance with the City's exterior noise standard. Additional mitigation may include the installation of automated doors at the entrance and exit of the car wash or sound walls. ~ Technical NOlse Study for Mobil Oil Station/Car WaJh Expamion The Planning Center March 2005 . Page 17 Q:\S1 1/1 AI-OJ, O/:"\Sh"mtlillll _i\:oilrRepoft-I;//\lAl..d,!C 31Atr;l 03 1. Introduction Sound Wall Locations ~ RTHUR BLVD. --1.--1:1 _-----1 ~_.J U / I Existing Commercial :%: ~! ';! ~I ~ % Existing Apartments (Noise Sensitive) Existing Apartments / (Noise Sensitive) 12-Foot Sound Wall Source: Omni Design Group, Inc. Mobil Oil Expansion NoiJe Study ... ..... ..... llI!: ... on z ~ ~ fI) NOT TO SCAlE ~ The Planning Center · Figure 5-1 31A-104 76 of 85 6. Level of Significance After Mitigation Project construction related noise impacts would be reduced to a less than significant level upon compliance with the City Ordinance 18-314. The operation of the automated car wash would generate noise levels which exceed the City's exterior noise standards and required the application of mitigation measures to comply with Section 18-312 of the municipal code. The construction of the sound wall would result in noise levels at the condominiums which are below the City's exterior noise standard as shown in Table 6-1. Interior noise level would likewise be below the City's noise standard. With the application of mitigation measures, the project would be in compliance with the City exterior and interior noise standards and would not result in a significant impact to the ambient noise environment. Table 6-1 Automated Car Wash Noise with Sound Wall (dBA) I Maximum I L(2) L(8) L(25) L(50) MARK VII CAR WASH EQUIPMENT Hourly Noise Level at Property Line of Apartments 44 44 44 43 40 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No No MARK VII CAR WASH EQUIPMENT Hourly Noise Level at Windows/Balconies of Apartments 49 49 48 47 44 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No No RYKO CAR WASH EQUIPMENT ~ Hourly Noise Level at Property Line of Apartments 48 47 46 43 34 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No No RYKO CAR WASH EQUIPMENT Hourly Noise Level at Windows/Balconies of Apartments 53 52 51 48 36 City Noise Standards 75 70 65 60 55 Exceeds Exterior Noise Standard? No No No No No The Planning Center, March 8, 2005 Technical NoiJe Study for Mobil Oil Station/Car WaJh Expamion The Plcmning Center Manh 2005 . Page] 9 Q: \SJ 1/lI\J - () 1. OF\ShdmflJ/lII _;\r'ii_li: k~//lwl- FI :,\1 A f "dlJt 31A8~ 05 7. References No. References 1. Bies and Hansen, Engineering Noise Control, 1998. 2, California Department of Transportation Traffic Noise Analysis Protocol, October 1998. 3. City of Santa Ana General Plan Noise Element, February 3, 1999. 4. City of Santa Ana Municipal code, Noise Regulation, Chapter 8. 5. Environmental Protection Agency, Protective Noise Levels, 1974 6. United States Environmental Protection Agency, "Noise from Construction Equipment and Operations, Building Equipment and Home Appliances," NTID300.1, December 31 , 1971. 7. United States Department of Transportation, Transit Noise and Vibration Impact Assessment, April 1995. ~ Technical NoiJe Study for Mobil Oil Station/Car WaJh Expamion The Planning Center !,,,Larch 2005 . Page 20 Q:\SJ 1/1 AI-O I, Oh'\.\Alm//J1i11 _,'\il!iwRepOrf-F/SA L.d'lt 31A'l!~ 06 Appendices Appendix A. Noise Monitoring and Calculations Technical Noire Study for Mobil Oil Station/Car WaJh Expamion The Planning Center Mctrch 2005 Q:\SI1 A M-O I, OEISh.1mfollb J.j/Ji~Rf!!Jf)rl-FI NA LdOt" 31A8~07 ~ Construction Noise at 50 Feet (dBA Leq) Minimum Required Equipment in Use' 84 79 78 76 76 Construction Phase Ground Clearing/Demolition Excavation Foundation Construction Building Construction Finishing and Site Cleanup Construction Noise at 50 Feet (dBA Leq) Minimum Required Equipment in Use' 82 77 76 74 74 Construction Phase Ground Clearing/Demolition Excavation Foundation Construction Building Construction Finishing and Site Cleanup 31A~~ 08 All Applicable Equipment in Use' 84 89 78 85 89 All Applicable Equipment in Use' 82 87 76 83 87 50 61 ... c: Cl> E a. '5 ~ Cl> ..c: III '" ~ .. 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Z ~ >< '" '" o~ Lt? gC! ~...J~ Barrier Attenuation At Ground level Property Line Height Barrier Source Receiver Tranmission loss 17 Distances barrier to source to barrier receiver N 0.12 0.24 0.49 0.98 1.95 3.91 7.81 15.63 Frequencies 63 125 250 500 1000 2000 4000 8000 17.95 9.05 4.52 2.26 1.13 0.57 0.28 0.14 ARG 0.88 1.24 1.75 2.48 3.50 4.95 7.01 9.91 Attenuation 1.91 3.32 5.39 8.00 10.90 13.90 16.91 19.92 5 5 5 5 5 5 5 5 6.91 8.32 10.39 13.00 15.90 18.90 21.91 24.92 ref spectrum 65 65 65 65 65 65 65 65 1619.665831 11693.072 36377.5 79406.94 81191.03 51282.1 25646.07 8090.814 7943.282347 79432.823 398107 1584893 3162278 3981072 3981072 2511886 54.70274 HEIGHTS (in ft.) Source : 8 Barrier: 12 Receiver: 5 Distances (in ft.) Source to Barrier: 10 Barrier to Receiver: 61.5 Spectrum Attenuation Final SPl 63 65 6.9 58.1 Octave Band Center Frequencies (Hertz) 125 I 250 I 500 I 1000 I 2000 I 4000 65 65 65 65 65 65 8.3 10.4 13.0 15.9 18.9 21.9 56.7 54.6 52.0 49.1 46.1 43.1 Transmission Loss: 17 Note: These results were based on leo Beranek's method for barrier calculations(1). The method incorporates Makawa's published data and 1. Leo L. Beranek, "Acoustics", Acoustical Society of America, P.348 (1996) 31&~ 11 8000 65 24.9 40.1 Barrier Attenuation At Window/Balcony Height Barrier Source Receiver Tranmission Loss 11 Distances barrier to source to barrier receiver N 0.02 0.05 0.09 0.19 0.37 0.75 1.49 2.99 Frequencies 63 125 250 500 1000 2000 4000 8000 17.95 9.05 4.52 2.26 1.13 0.57 0.28 0.14 ARG 0.38 0.54 0.77 1.08 1.53 2.17 3.06 4.33 Attenuation 0.41 0.80 1.50 2.69 4.52 6.94 9.76 12.74 5 5 5 5 5 5 5 5 5.41 5.80 6.50 7.69 9.52 11.94 14.76 17.74 ref spectrum 65 65 65 65 65 65 65 65 #### 2283.560044 20914.2 89152.9 269546 353454 254504 132949 42280.93 71.961 7943.282347 79432.8 398107 1584893 3162278 3981072 3981072 2511886 I Ii f.l.1I II I 60.66357 11.297 HEIGHTS (in ft.) Source: 8 Barrier: 12 Receiver: 17 Distances (in ft.) Source to Barrier: 20 Barrier to Receiver: 120 Spectrum Attenuation Final SPL 63 65 5.4 59.6 Octave Band Center Frequencies (Hertz) 125 I 250 I 500 I 1000 I 2000 I 4000 65 65 65 65 65 65 5.8 6.5 7.7 9.5 11.9 14.8 59.2 58.5 57.3 55.5 53.1 50.2 8000 65 17.7 47.3 Transmission Loss: 11 Note: These results were based on Leo Beranek's method for barrier calculations(1). The method incorporates Makawa's 1. Leo L. Beranek, "Acoustics", Acoustical Society of America, P.348 (1996) 3t~~12 Mobil Oil Car Wash/Convenience Store Initial Study/Mitigated Negative Declaration Response To Comments During the public review period for the Mobil Oil Car Wash/Convenience Store Initial Study/Mitigated Negative Declaration two public comments were received. The comments were from the Sun Properties and the Airport Land Use Commission for Orange County. Specific comments from each letter are identified and are provided with a corresponding response. In accordance with section 15074 of the CEQA Guidelines, the Lead Agency shall consider the comments and associated responses when considering the adoption of Negative Declaration. 31A-113 Sun Properties RECEIVED April 3, 2005 APR 0 6 2005 :=)MHA ANA PLANNING DEFT Dan Bott City of Santa Ana P.O. Box 1988, M-20 Santa Ana, CA 92702 Re: ER-2003-232 Mobil Oil, car wash/convenience store. S/W corner of Main & MacArthur. Dear Dan, Sun Properties is the Association Manager for the Main Attraction Homeowners Association. The Main Attraction (3620-3640 S. Main Street) is owned by forty-two families that reside directly behind the above named proposed carwash/convenience store. I The Association has reviewed materials received concerning the project and note there is a 12 foot high wall to be constructed between our homes and the project. The Association would request the City of Santa require in the conditions of approval for this project, that the applicant provide lighting in the alley between the proposed project and the Association property from dust till dawn everyday. z In the past the Association has had problems with persons loitering in the alley between the two properties. We feel the addition of the twelve foot wall will further shield persons from sight if lighting is not provided. If you have any questions, please feel free to call me directly at 714-429-0900. Sincerely,/_ j.. 60. 8~~~ Ted W. Loveder, CMCA Ted W. Loveder, Inc. dba Sun Properties (714) 429-0900 telephone. (714) 731-2899 facsimile 18031 Irvine Blvd, #211, Tustin, CA 92780 .._--~.._------~-------,---~--~-----_._--------_._--~--_._-----------._._----~-~--- Association Management Certified Manager of Community AssociationS@ .~"",i"" ". i,:.", 31A-114 ~...,~.. :::J~'.' ..,,!,._,,~' \r ." ""'-"~ ..~"".',.:~ ~-' -+,--r:..~. . ,.. '.' , .... .~'.l "'..:~).. -~ Comment Letter Sun Properties Mobil Oil Car Wash/Convenience Store Initial Study/Mitigated Negative Declaration April 3, 2005 1. The submitted comment identifies that Sun Properties is the Association Manager of the Main Attraction Condominiums, located immediately south of the project site. 2. The submitted comment expresses concern that the required 12-foot sound wall would provide a visual barrier that could facilitate loitering within the alley between the project site and the Main Attraction Condominiums. The submitted comment has requested as a condition approval, the project provide lighting in the alley. In review ofthe project, the Police Department has conditioned the project to provide lighting to light the alley. The lighting would be confined to the alley and would not spill over into adjacent land uses. 31A-115 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue · Costa Mesa, California 92626 · 949.252.5170 fax: 949.252.5178 Mr. Dan Bott, Environmental Coordinator Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, CA 92702 RECEIVED APR 0 4 2005 qANTA ANA PLANNING DEpr March 28, 2005 Subject: Notice ofIntent to Adopt Negative Declaration for Project Number: ER-2003-232 Dear Mr. Bott: On behalf of the Airport Land Use Commission (ALUC) for Orange County and after reviewing the subject CEQA Notice, we wish to offer the following comments based upon the policies and \ standards of the ALUC's adopted Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA). As stated in the Initial Study / Mitigated Negative Declaration, the project is located within a JWA AELUP Referral Area, which in fact is the "Area of Special Airspace Concern" adopted by the ALUC on April 15, 2004. However, the Initial Study discussion contains several errors of terminology and interpretation. Specifically, regarding Initial Study Section VII "Hazards / Hazardous Materials", Paragraph D (page 14) pertaining to the issue of airport-related safety hazards, the discussion properly notes that the site is not within an Accident Potential/Clear Zone (now termed "RPZ" [Runway Protection Zone] in the JWA AELUP). However, contrary to the subsequent statement, the project is not within the FAA Notification Area (AELUP Height Restriction Zone), and consequently will not require referral to the ALUC. By coincidence, both the north end of JW A Runway 19R and the project site are at approximately the same elevation (35 Feet AMSL) and "2- are separated by a distance of about 6,620 feet. The FAA Notification Area consists of an upward sloping Imaginary Surface (at a ratio of 100:1), which if to be penetrated by a project requires the filing of FAA Form No. 7460 by the proponent. Hence, this FAA/AELUP Area is at an elevation of about 66 feet above ground, as it passes over the car wash site, far in excess of a single story building. Also, please note that the document and organization referenced in the paragraph is not the "Orange County Airport Environs Land Use Plan", nor the "John Wayne Airport Land Use Commission". The ALUC for Orange County is a state-mandated independent local commission, and is not a department or division of County government. Lastly, the ALUC's "Area of Special Airspace Concern" does encompass the project site. However, the ALUe's requirement to review all types of projects within this area applies only to proposals that would penetrate the FAR Part 77 Obstruction Imaginary Surfaces for JW A, a separate and much higher set of criteria than the notification surface. 31A-116 Mr. Dan Bott Page 2 March 28, 2005 Regarding Section XV "Transportation I Traffic", Paragraph C (page 33) pertaining to air traffic patterns we would agree that that the low-rise, commercial nature of the project should not result 3 in any changes to the air traffic patterns which have been established by the FAA and which support substantial activity by the users of JW A. We are especially pleased with your Department's diligence in referring this project for our technical comments, which we hope will further serve to clarify the City/ALUC relationship regarding the development situation in that sector of Santa Ana. Again, thank you for this opportunity to comment on your environmental analysis. If you have any questions, please contact me atjgolding@ocair.com or at (949) 252-5170. Sincerely, Joan S. Golding Executive Officer ~~. 31A-117 Comment Letter Orange County Airport Land Use Commission Mobil Oil Car Wash/Convenience Store Initial Study/Mitigated Negative Declaration March 28, 2005 1. The submitted comment states that the project site is located John Wayne Airport Environs Land Use Plan Referral Area. No specific comments were raised regarding the analysis and determinations in the Initial Study/Mitigated Negative Declaration. Therefore, no response is provided and the comment is noted. 2. The submitted comment provides clarification that the project site is not located with a FAA referral area as a result of the project not exceeding 66-feet in height. Additionally, the submitted comment clarifies the correct terminology when referring to the Airport Land Use Commission and the Airport Environs Land Use Plan for John Wayne Airport. No specific comments were raised regarding the analysis and determinations in the Initial Study/Mitigated Negative Declaration. Therefore, no response is provided and the comment is noted. 3. The submitted comment agrees with the determination in the Initial Study/Mitigated Negative Declaration that the proposed project would not result in any changes to air traffic patterns within the project area. Comment noted. 31A-118 Mobil Oil Carwash/Convenience Store Initial Study/Mitigated Negative Declaration Mitigation Monitoring Program MITIGATION MEASURE During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and construction plans for the proposed project shall reflect the following notes: All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or TIMMING Prior to Grading Permits and During Construction AGENCY APPROVAL Building/Planning Agency 31A-119 Stage 2 smog episodes. Streets surrounding the project site should be cleaned at the end of each day of construction. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. The approved site plan for the project shall show the location of all monitoring wells on the Prior to Building Permits Building/Planning Agency 31A-120 project site. The site plan shall reflect that the monitoring wells would be accessible for monitoring and maintenance during the construction and operation of the project. Prior to the issuance building permits, the project applicant shall coordinate with the John Wayne Airport Land Use Commission. Building plans for the proposed project shall reflect that a sand/grease interceptor is provided within the proposed car wash area. Building plans for the proposed project shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. Prior to Building Permits Prior to Building Permits Prior to Building Permits Building/Planning Agency Building/Planning Agency Building/Planning Agency 31A-121 Building plans for the proposed project shall reflect that the proposed car wash would be a Mark VI I Automated Car Wash System or the Ryko Car Wash System. Building plans for the proposed project shall reflect a sound wall with a minimum height of 12 feet and a density of at least 4 lbs. per square feet. The location of the sound wall shall be provided ln accordance with Exhibit N-1. Mitigation monitoring shall be conducted after - Prior to Building Permits Prior to Building Permits During Operation Building/Planning Agency Building/Planning Agency Building/Planning Agency 31A-122 construction of the project to ensure that noise generated by the automated car wash shall not exceed the City's exterior noise standard. If the operation of the automated car wash exceeds the City's standards, additional noise mitigation shall be required to achieve compliance with the City's exterior noise standard. Additional mitigation may include the installation of automated doors at the entrance and exit of the car wash or sound walls. Construction Prior to Building/Planning plans for the Grading and Agency proposed Building project shall Permits reflect that construction operations would be 31A-123 limited to 7 AM to 8 PM Monday through Saturday, and not permitted on Sundays or Federal Holidays. Prior to the issuance of building permits, the project applicant shall submit evidence to the City of Santa Ana Building and Planning Department that appropriate school impact fees have been paid. Prior to Building Permits Building/Planning Agency 31A-124 KO - 5/25/05 RESOLUTION NO. 2005-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO 2005-08(A) TO ALLOW A CAR WASH; APPROVING CONDITIONAL USE PERMIT NO. 2005-08(B) AS CONDITIONED TO PERMIT AFTER HOURS OPERATION AND APPROVING VARIANCE NO. 2005-04 AS CONDITIONED TO REDUCE THE REQUIRED LANDSCAPE SETBACKS FOR THE PROPERTY LOCATED AT 100 WEST MACARTHUR BOULEVARD BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2005-08(A) and (B) and Variance No. 2005-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on April 25, 2005. B. Conditional Use Permit No. 2005-08(A) has been filed with the City of Santa Ana seeking to allow the construction of car wash at the property located at 100 West MacArthur Boulevard. 1. Pursuant to Santa Ana Municipal Code Section 41-424.5, a Conditional Use Permit is required for car wash establishments in the C5 zoning district. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. The Planning Commission determines that the findings necessary to grant the Conditional Use Permit have not been established: i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed car wash will not contribute to the general well being of the community as the noise levels generated from the washing and drying functions of the car wash will adversely impact the surrounding residential uses. 31A-125 Resolution No. 2005-12 Page 1 of 7 ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed car wash will generate noise levels a minimum of 12 hours per day that will affect the resident's quality of life. Although the noise levels can be reduced, the car wash operations will still generate a significant level of noise that will affect the residents. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The car wash will adversely affect the economic stability of the surrounding residents, as the car wash will become a nuisance whose noise impacts will affect the resident's quality of life. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The project is not in compliance with the City's design and development standards for a service station use. The site is currently deficient in regards to on-site landscaping and signage and will necessitate the granting of a variance to bring the site into compliance. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The car wash will be in conflict with the goals of the General Plan. For instance, the car wash is in conflict with Goals No.3 and 5, which are intended to protect neighborhoods and requires mitigation of development impacts. C. Conditional Use Permit No. 2005-08(B) has been filed with the City of Santa Ana seeking to allow the convenience store to remain open between the hours of 12:00 and 5:00 a.m. at the property located at 100 West MacArthur Boulevard. 1. Pursuant to Santa Ana Municipal Code Section 41-424.5, a Conditional Use Permit is required for retail markets having less 31A-126 Resolution No. 2005-12 Page 2 of 7 than 20,000 square feet of floor area which are open between the hours of 12:00 a.m. and 5:00 a.m. in the C5 zoning district. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. I. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after hours operation of the service station and convenience store of between 12:00 a.m. and 5:00 a.m. will allow motorists and the community to purchase items generally unavailable during these hours from other retail establishments. ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The after hours operation of the service station and convenience store will not be detrimental to individuals residing and working in the area. Conditions have been incorporated into the project to reduce adverse impacts that the project might generate as the result of the after hours operation such as the requiring that pay phones be located within the interior of the store and ensuring that visibility is maintained from the street to the interior of the store will increase the safety of employees and users of the site. The after hours operation of the service station and convenience store, in conjunction with the proposed conditions, will not be detrimental to the health, safety or general welfare of persons working in the area. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The gasoline service station and convenience store will generate City tax revenue and employment in the community. During the hours proposed, the use provides services to the community and therefore the 31A-127 Resolution No. 2005-12 Page 3 of 7 use will enhance rather than adversely affect the economic development or stability of the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The project has been designed to comply with the City's design and development standards for a service station use and will be in compliance with the regulations established in Chapter 41 of the Santa Ana Municipal Code. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed gasoline service station and convenience store is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the Arterial Commercial (C5) zoning district which permits service stations and retail stores less than 20,000 square feet and open between midnight and 5:00 a.m. with a conditional use permit. D. Variance No. 2005-04 has been filed seeking to reduce the required landscape setbacks for the property located at 100 West MacArthur Boulevard. 1. Although Section 41-427 of the SAMC requires a 15 foot wide setback, Section 41-689 allows nonconforming service stations the ability to reduce the required setback provided an equivalent amount of landscaping is provided within view of the public street. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a Variance upon making certain findings. i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 project is an existing service station that had its landscape setback on MacArthur reduced due to a street widening project several years ago. Due to the street widening, and the location of the existing fuel 31A-128 Resolution No. 2005-12 Page 4 of 7 pumps and building, it is infeasible to provide the required landscaped setback. The applicant has provided additional landscaping at the northeast corner of the site and within the interior of the project to mitigate the reduced setback. Therefore, due to the size of the lot, the strict application of the zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for a reduction in landscaped setbacks will preserve the property owners ability to develop the property with a use that will benefit the community by providing gasoline and food service to commuters, individuals who work in the area and motorists utilizing the SR-55 freeway corridor. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The project will not be materially detrimental to the public welfare or injurious to surrounding property as proposed. The project will enhance the economic stability of the area by allowing the commercial component, thereby identifying the site as a vital, active commercial development. Therefore, the granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property. IV. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the a variance will not adversely affect the General Plan of the City since the proposed service station and convenience store have been designed in conformance with City zoning, development and General Plan requirements. 31A-129 Resolution No. 2005-12 Page 5 of 7 E. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-240 has been prepared for this project. Section 2. The Planning Commission after conducting the public hearing hereby: A. Denies Conditional Use Permit No. 2005-08(A) seeking to allow the construction of car wash at the property located at 100 West MacArthur Boulevard. B. Approves Conditional Use Permit No. 2005-08(B) as conditioned in Exhibit "A" attached hereto and incorporated herein. C. Approves Variance No. 2005-04 as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated April 25, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of April, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle(7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney 31A-130 Resolution No. 2005-12 Page 6 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-12 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 25, 2005. Date: Planning Commission Secretary City of Santa Ana 31A-131 Resolution No. 2005-12 Page 7 of 7 Conditions for Approval for Conditional Use Permit No. 2005-08(B) Conditional Use Permit No. 2005-08(B) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannina Division 1 . The project shall remain in compliance with Site Plan Review DP No. 04- 96. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Lighting shall be provided along the south property line. The lighting shall be designed to provide lighting on the site as well as for the alley located to the south of the site. 4. The plans submitted for Building Division plan check shall note that a soffit element will be installed on the north and east elevations of the convenience store building. 5. Six 36-inch box trees shall be provided along the south property line as shown on a revised landscape plan. 6. The doors of the convenience store shall remain locked between the hours of 11 :00 p.m. to 5:00 a.m., seven days a week. Sales of items from the convenience store can still occur by use of the sales window. Mitiaation Measures 7. During construction, the contractor is required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. EXHIBIT "A" 31A-132 8. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 9. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 10. Streets surrounding the project site should be cleaned at the end of each day of construction. 11. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 12. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 13. To the extent feasible, gasoline powered equipment shall be used for on- site and off-site construction activities. 14. The approved site plan for the project shall show the location of all monitoring wells on the project site. The site plan shall reflect that the monitoring wells would be accessible for monitoring and maintenance during the construction and operation of the project. 15. Prior to issuance of building permit, the project applicant shall coordinate with the John Wayne Airport Land Use Commission. 16. Building plans for the proposed project shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. 17. Construction plans for the project shall reflect that construction operations would be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday, with no construction permitted on Sundays or Federal Holidays. 18. Prior to issuance of building permits, the applicant shall submit evidence to the Planning and Building Agency that appropriate school impact fees have been paid. B. Police Department 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and EXHIBIT" A" 31A-133 addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. The cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 6. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises and be designed to allow outgoing calls only. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 11. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System capable of viewing and recording events inside the premises as follows: (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. EXHIBIT "An 31A-134 (b) A minimum of one color camera that views the full-length side of a customer at the cash register area. (c) A color camera recorder capable of recording events on all cameras simultaneously. (d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (e) If videotape is used, tapes cannot be taped over more than six times. (f) An audio recording component that will record sounds occurring at the customer counter. 14. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. EXHIBIT "A" 31A-135 Conditions for ADDroval for Variance No. 2005-04 Variance No. 2005-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this 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. The project shall remain in compliance with Site Plan Review DP No. 04- 96. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. Mitiaation Measures 3. During construction, the contractor is required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. 4. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 5. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 6. Streets surrounding the project site should be cleaned at the end of each day of construction. 7. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 8. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. EXHIBIT "B" 31A-136 9. To the extent feasible, gasoline powered equipment shall be used for on- site and off-site construction activities. 10. The approved site plan for the project shall show the location of all monitoring wells on the project site. The site plan shall reflect that the monitoring wells would be accessible for monitoring and maintenance during the construction and operation of the project. 11. Prior to issuance of building permit, the project applicant shall coordinate with the John Wayne Airport Land Use Commission. 12. Building plans for the proposed project shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. 13. Construction plans for the project shall reflect that construction operations would be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday, with no construction permitted on Sundays or Federal Holidays. 14. Prior to issuance of building permits, the applicant shall submit evidence to the Planning and Building Agency that appropriate school impact fees have been paid. B. Police Department 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). 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. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. The cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. EXHIBIT "B" 31A-137 6. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises and be designed to allow outgoing calls only. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 11. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No LoiteringlTrespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System capable of viewing and recording events inside the premises as follows: (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. (b) A minimum of one color camera that views the full-length side of a customer at the cash register area. (c) A color camera recorder capable of recording events on all cameras simultaneously. (d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (e) If videotape is used, tapes cannot be taped over more than six times. (f) An audio recording component that will record sounds occurring at the customer counter. 14. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal EXHIBIT "B" 31A-138 marks, one-inch wide by three inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. EXHIBIT "B" 31A-139 31A-140 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE RESOLUTION AUTHORIZING STATE BOARD OF CORRECTIONS GRANT APPLICATION 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 .~ , /' fhiJ~t7.2... - .--- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution authorizing the submittal of a grant application in the amount of $200,000 to the California State Board of Corrections to continue the Leadership Development Strategy at the McFadden Learning and Technology Center. DISCUSSION The intent of the California State Board of Corrections, Title II Delinquency Prevention and Intervention Program is to provide a comprehensive, coordinated approach to the problems of juvenile delinquency through the cooperative efforts of the community and law enforcement. In January 2004, the Parks, Recreation and Community Services Agency was successful in receiving a Title II grant in the amount of $200,000 for the implementation of the Leadership Development Strategy program. The program has been successfully developed and implemented at the Mc Fadden Learning and Technology Center and the City is now eligible to apply for second year funding. The Leadership Development Strategy was developed as a supplemental service with the purpose of reducing the number of suspensions and expulsions at target area schools. Program activities include leadership development opportunities, peer and police officer mentoring, teen club acti vi ties, tutoring, educational excursions, family oriented recreation acti vi ties, and parent education workshops. If awarded, the program will continue to serve a total of 60 students and their families from Spurgeon Intermediate and Lincoln, Monte Vista, and Jackson elementary schools. Upon approval of the resolution, the Parks, Recreation and Community Service Agency will submit the required grant application to be considered for second year funding in the amount of $200,000. 55A-1 Resolution Authorizing State Board of Corrections Grant Application June 6, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet, Executive Dire Parks, Recreat Community Services Agency 55A-2 MJV 05-10-2005 RESOLUTION NO. 2005-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR THE LEARNING DEVELOPMENT STRATEGY TO BE FUNDED IN PART FROM FUNDS MADE AVAILABLE THROUGH THE TITLE II DELINQUENCY PREVENTION AND INTERVENTION PROGRAM ADMINISTERED BY THE BOARD OF CORRECTIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City of Santa Ana desires to undertake a certain project designated the "Learning Development Strategy" to be funded in part from funds made available through the Title II Delinquency Prevention and Intervention Program administered by the Board of Corrections (hereafter referred to as BOC). B. Procedures established by the Board of Corrections require the applicant to certify by resolution the approval of applications prior to submission of said applications to the state. Section 2. The City Manager of the City of Santa Ana is authorized, on its behalf to submit a proposal to BOC and is authorized to sign and approve on behalf of Santa Ana City Council a Grant Award Agreement including any extensions or amendments thereof for a period of twelve months beginning on April 1, 2005 through March 31, 2006. Section 3. The City will to provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of BOC and that the match will be appropriated as required. Section 4. That any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and BOC disclaim responsibility for any such liability. Section 5. That grant funds received hereunder shall not be used to supplant expenditures controlled by this body. Resolution No. 2005-053 Page 1 of 2 55A-3 Section 6. 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 ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney AYES: Council members: NOES: Council members: ABSTAIN: Council members: NOT PRESENT: Council members: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2005-053 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana Resolution No. 2005-053 Page 2 of 2 55A-4 .. ~ ~ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: 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 A RESOLUTION CONSENTING TO THE COUNTY OF ORANGE DECLARING A PORTION OF WARNER AVENUE AS A COUNTY HIGHWAY i I / ~"'..I ! I I 1 l V RECOMMENDED ACTION () / !/Cilk)y'~"' CITY MANAG R CONTINUED TO -- FILE NUMBER Adopt a resolution consenting to the County of Orange declaring a portion of Warner Avenue as a County Highway for the construction of the Warner Avenue Bridge Widening improvements. DISCUSSION On March 21, 2004, the City Council approved a cost sharing agreement with the County of Orange for the Warner Avenue Bridge Widening over the Santa Ana River. As part of this agreement, the County of Orange is requesting the City consent and declare a portion of Warner Avenue as a County Highway to construct the project. Upon completion of the construction contract, ownership of the portion of Warner Avenue in Santa Ana would revert back to the City. Staff recommends that the City Council adopt a resolution consenting to the County declaring a portion of Warner Avenue as a County Highway for the construction of the improvements. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. A Mitigated Negative Declaration was filed for this project by the County of Orange. FISCAL IMPACT There is no fiscal impact associated with this action. ~ Ja~s!J-I Executive Director Public Works Agency 558-1 Iss:5/03/05 RESOLUTION NO. 2005-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO THE COUNTY OF ORANGE DECLARING A PORTION OF WARNER AVENUE TO BE A COUNTY HIGHWAY FOR THE PURPOSE OF CONSTRUCTION OF IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. That portion of Warner Avenue lying within the City limits of the City of Santa Ana is designated a Major Arterial Highway on the County of Orange Master Plan of Arterial Highways. B. The County of Orange and the City of Santa Ana propose to widen Warner Avenue from the Santa Ana River Channel to Harbor Boulevard (hereinafter "the Project"). C. The County of Orange intends to declare Warner Avenue a County highway for purposes of construction of the Project. Section 2. The City Council resolves that pursuant to the provisions of Section 1700, Article 3, Chapter 9, Division 2 of the Streets and Highways Code, all of that portion of Warner Avenue lying within the City limits of the City of Santa Ana is hereby declared to be a County highway commencing upon the award of the construction contract and ending upon the completion of said contract by the County of Orange. Section 3. This Resolution shall take effect upon adoption by the Orange County Board of Supervisors of a resolution pursuant to Section 1700 of the Streets and Highways Code, and transmittal of same to the City Council pursuant to Section 1701. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 558-2 Resolution No. 2005-054 Page 1 of 2 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers ,2005. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-054 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2005-054 Page 2 of 2 Clerk of the Council City of Santa Ana 558-3 558-4 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: PUBLIC HEARING - FISCAL YEAR 2005-06 CITY BUDGET 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 .~' "\ /d //// (~/iL~ </l~,<--~/ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt an ordinance appropriating monies for the fiscal year commencing July 1, 2005. 2. Adopt a resolution amending City's Basic Management Classification and Compensation plan (Resolution No. 91-066) to delete one classification title. DISCUSSION The 2005-2006 fiscal year budget will enable the City to fulfill its purpose of providing quality service to enhance the safety, livability and prosperity of our community. In light of this purpose, this budget emphasizes public safety, quality development standards, effective community-driven code enforcement, and a positive partnership with the business and educational communi ties as its external priori ties; while quality customer service and sound internal systems serve as internal priorities. Given these objectives, the total annual proposed budget for Fiscal Year 2005-2006 is $404,220,000. The City continues to address the challenge of meeting demands that exceed resources in a financial environment that has been dominated by the actions of the State in two major areas: increasing retirement costs and diverting local government revenues. In an effort to resolve a projected $17 billion structural budget deficit in 2004-2005, the State again targeted City revenues as a part of the solution to its problem. In response, the councils and staffs of cities throughout the State worked together with the League of California Cities to take the actions necessary to place a measure on the November ballot that would protect local government revenues from being diverted by the State. During the course of a number of months, a compromise proposal was reached and endorsed by the Governor. As a result, Proposition 1A was placed on the ballot and approved by the voters in November 2004. Although the passage 75A1-1 FY 2005-06 City Budget June 6, 2005 Page 2 of this measure limited the ability of the State to divert future local government revenues, it allowed the reallocation of an additional $3.0 million of the City's property tax revenues to the State for the Educational Revenue Augmentation Fund (ERAF) in both the 2004-2005 and 2005-2006 fiscal years; this results in a total of $10 million in General Fund property tax reductions for the coming fiscal year which will be coupled with another $3.4 million diverted from redevelopment tax increment revenues. The State's actions to address its fiscal crisis, coupled with the impact of the investment losses in the State-run retirement system, have resulted in a pronounced impact on the City's budget. Given this financial environment, the City's efforts in preparing the proposed 2005-2006 fiscal year budget have been focused on resolving the dilemma of meeting the demands for services and infrastructure improvements while coping with declining revenues and increased retirement system costs. Specifically, the challenge of balancing the 2005-2006 General Fund budget was to address a projected deficit resulting from expenditures exceeding revenues by approximately $23 million. This budget proposal responds to that challenge through a balanced approach of increasing revenues and decreasing expenditures. The proposed 2005-2006 budget for the General Fund, without including redevelopment and other pass-throughs, totals $197,803,660, which constitutes a growth in general revenues of less than one percent over the past fiscal year. Additionally, this budget incorporates a cost of services adjustment of five percent in general and safety related fees and 4 percent in the water rate. In terms of expenditures, the General Fund budget supports the functions most commonly associated with city government: police, fire, recreation, library, planning and building, street maintenance, and general city administration. These services are being provided to an increasing population; according to the State Department of Finance, the population of the City in 2004 is 351,697, which constitutes a 55 percent increase over the past twenty years. Although the City's population has substantially increased over that time period, we have reduced our overall supervisory and management pos i tions by over 20 percent. The subj ect resolution implements a budget reduction of the managerial workforce by one additional position. This brings the total workforce allocation to 1,713. This workforce figure equates to a ration of 4.8 employees per 1,000 residents and demonstrates a significant improvement in operational efficiencies over the past several years; in FY 1986-87, the ratio was 7.5 employees per 1,000 residents. Through a combination of reductions in our workforce, maintaining a number of positions vacant and generating savings through systems improvements resulting from our continuous improvement efforts, the City continues to maintain its position of being 75A1-2 FY 2005-06 City Budget June 6, 2005 Page 3 the most efficient at providing services when compared to the 11 largest cities in California and the 100 largest cities in the country. FISCAL IMPACT with approval of the proposed budget, $404,220,000 will be appropriated to the City's various departments, programs and enterprise activities. Of that amount $197,803,660 will be appropriated to the various General Fund operating departments, with an additional $9,153,195 for redevelopment pass-throughs, for a total of 206,956,855 proposed for the General Fund. ~~~~,.~ > \\ ~ ~- , Francisco Gutierrez Executive Director Finance & Management Services Agency 7 SA 1-3 ORDINANCE NO. NS-2687 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1,2005 THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS FOllOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Manager has prepared and submitted to this Council, pursuant to the provisions of Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2005, together with his budget letter dated June 6, 2005. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the said proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in said Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as hereinbefore stated, together with any supplemental revisions and amendments thereto, was approved, adopted and fixed by the Council as the annual budget of the City for the fiscal year commencing July 1, 2005, in the amounts and for the funds, purposes, functions, department activities and programs as therein set forth. Said adopted budget, including said supple-mental revisions and amendments, together with a copy of this appropriation ordinance, shall be placed in the official files of the Clerk of the Council. SECTION 2: There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective objects and purposes specified in that certain document entitled "City of Santa Ana Annual Budget 2005-2006," a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City, for fiscal year 2005-2006, the several amounts stated as proposed expenditures from said funds, respectively, in those columns of said Budget that are headed "Approved Budget 05-06." Each aggregate of expenditures so specified in said Budget for said fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the Charter, except that as to any office, department, or agency of the City for which more than one program is designated in Section 2 (General Fund Operating Budget) of the said Budget, the aggregate expenditure authorized for all programs in said Section 2 of each such office, Ordinance NS-2687 Page 1 of 3 7 SA 1-4 department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Charter section 609. SECTION 3: The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in such Budget. SECTION 4: No warrant shall be issued or indebtedness incurred for any purpose which exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. SECTION 5: The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in said Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. SECTION 6: One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. SECTION 7: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2005. SECTION 8: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. SECTION 9: All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Personnel Services is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of June, 2005. Ordinance NS-2687 Page 2 of 3 7 5A 1-5 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-.2fi.8..Z to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance NS-2687 Page 3 of 3 7 SA 1-6 RESOLUTION NO. 2005-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO DELETE ONE FULL TIME CLASSIFICATION TITLE FROM THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN FOR EXECUTIVE AND MIDDLE MANAGEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On July 1, 1991, the City Council passed and adopted Resolution No. 91- 066, re-establishing the Basic Classification and Compensation Plan for classes of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). C. In order to continue to maintain a classification and compensation plan that reflects current organizational structure, the Executive Director of the Community Development Agency proposes to delete one (1) full time classification title. Section 2: That Section 3B of Resolution No. 91-066, as amended, is hereby further amended by deleting the vacant and now obsolete unrepresented middle management classification title of Downtown Development Manager (MM). Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 91-066, as amended, shall remain in full force and effect. Section 4: That this Resolution shall be operative from and after June 6, 2005. ADOPTED this _ day of June, 2005. Miguel A. Pulido Mayor Resolution No. 2005-055 Page 1 of 2 7 SA 1-7 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-055 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2005-055 Page 2 of 2 7 SA 1-8 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JUNE 6, 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 FISCAL YEAR 2005-06 MISCELLANEOUS FEE RESOLUTION ,\..,- , f::~ ( .~ /' / ,.- ./ / ~_f G2c~ CI MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution establishing the 2005-06 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fee Resolution is comprised of various fees associated with city services, building fees and enterprise fees. These fees generate revenue for the general, internal and enterprise funds. Annually, the fees and services associated with the Miscellaneous Fee Resolution are reviewed and adjusted to reflect the costs of providing the services. The FY 2005-06 Miscellaneous Fee Resolution represents these adjustments. The Miscellaneous Fee Schedule for fiscal year 2005-2006 includes the establishment of two new fees: one related to the sewer enterprise and one involving the residential parking permits. The new sewer grease cleaning fee is associated with the fats, oils and grease program required by the Regional Water Quality Control Board to eliminate the discharge of these materials into the sewer system. The new residential parking permit fee will recover a portion of the cost associated with the issuance of these permi ts. The Budget Council Committee reviewed the proposal to institute this fee and recommended amending the initial staff proposal by reducing the annual rate to $15 per permi t. This rate is comparable to the amount charged by other cities. 75A2-1 Fiscal Year 2005-2006 Miscellaneous Fee Resolution June 6, 2005 Page 2 FISCAL IMPACT It is estimated additional $2.5 revenue. that the million in proposed general, fee schedule will generate an internal, and enterprise fund '\ C\~st\{': ~r 1~ ~,~';-- Francisco Gutierrez Executive Director Finance & Management Services Agency 75A2-2 bk:5/31/05 RESOLUTION NO. 2005-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2005-2006 AND REPEALING IN PART RESOLUTION NO. 2004-033 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon that limited number of persons seeking services of value from the City, For the public's convenience, various rates charged for City commodities, such as the water rate, are also included in this document. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2005-2006 and is attached to this resolution and made a part hereof by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2005-2006, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City charges, fees or service charges. D. In a few, limited circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 5.2%, so that certain proposed fees for Fiscal Year 2005-2006 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumers Price Index-Urban, All Services Component, for the Los Angeles-Riverside-Orange County area in a twelve month period ending December 31,2004. E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 5.2% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 5.2% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. Resolution No. 2005-052 Page 1 of 4 75A2-3 F. Similarly, in a few limited circumstances, new charges have been added or existing charges raised beyond this 5.2% cost of providing services. In each of these cases, the Council further finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. G. In order to have a single comprehensive document for Fiscal Year 2005- 2006, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. H. As to the City's development impacts fees which are increased in this year's Miscellaneous Fee Schedule, the Council finds that as to this fee: 1 . These fees are to be used to design and construct new facilities to accommodate increased development in the City. 2. The public facilities to be constructed using these fees (plus additional funds, since these fees will not reimburse the city for all such costs) are identified in reports prepared by the City, true and correct copies of which is on file with the Clerk of the Council. 3. There is a reasonable relationship between the use of these fees and the type of development on which the fee is imposed, in that new development creates an impact on City facilities for which fees of the sort charged by the City are an appropriate response. 4. There is a reasonable relationship between the new development the City anticipates in the upcoming years, and the type of development on which the fee is imposed because the fee is based upon the number of square footage or bedrooms developed (minus offsets for demolished square footage or bedrooms) and the Council has found in adopting this fee that the more square footage or bedrooms in a new development, the more impacts on City resources. 5. For each such fee, the City has been divided in separate, designated areas, and the fees imposed and collected will be separated and designated for use in design and construction of public facilities in the area in which the residential project is located. The City will comply with Government Code 9 66006. 6. These increased fees will take effect sixty (60) days from the date of adoption of this resolution. Resolution No. 2005-052 Page 2 of 4 75A2-4 I. As to the City's Sewer Grease Cleaning Fee, the Council further finds, declares and determines: 1. City Ordinance No. NS-2670, adopted November 16, 2004, regulates burdens placed on the City caused by the deposit of fats, oils and grease by food service enterprises into the City's sewerage system. This Ordinance and its associated Request for Council Action and all exhibits, are hereby incorporated by reference into this Resolution as though set forth in full. 2. Pursuant to Santa Ana Municipal Code section 39.56.6(C)(5), added by Ordinance No. NS-2670, a food services enterprise is permitted to pay a fee, established by resolution of the Council, to the City under certain described circumstances in lieu of installing a grease interceptor. 3. The Grease Cleaning Fee is established herein pursuant to this express authority. The fee for this service would not duplicate any existing fee, charge, levy or other toll currently collected by the City or any public agency, and would be distinct and separate from any current or future (i) sewer standby or availability charge or assessment, (ii) special benefit assessment of special tax imposed pursuant to state or local law, (iii) sewer connection charge or sewer capacity charge paid in connection with or as a condition of approving an application for sewer service, or (iv) any mitigation fee imposed on new development pursuant to state law (Government Code 9 66000 et seq.) or local law. 4. The moneys collected by such a service fee would be placed into a fund that would be used only to repair, replace and perform preventative maintenance on city owned sewer mains or sewer trunk lines caused by fats, oils and grease, and associated costs. No moneys from this fund would go to the city's general fund. J. Based upon the testimony, reports and other evidence submitted on this matter, this city council makes the above-specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2005-2006 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2004-033 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2004-033 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed Resolution No. 2005-052 Page 3 of 4 75A2-5 and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: That except as may be stated otherwise above, this Resolution shall be operative from and after July 1 , 2005. ADOPTED this _ day of June, 2005. AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2005-052 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana Resolution No. 2005-052 Page 4 of 4 75A2-6 TABLE OF CONTENTS Section Department Page ALL DEPARTMENTS II CLERK OF THE COUNCIL 4 III FINANCE & MANAGEMENT SERVICES 5 IV FIRE DEPARTMENT 8 V POLICE DEPARTMENT 15 VI PUBLIC WORKS AGENCY 23 VII LIBRARY 27 VIII PARKS, RECREATION & COMMUNITY SERVICES 29 IX COMMUNITY DEVELOPMENT AGENCY 35 X PLANNING & BUILDING AGENCY 36 75A2-7 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION I DEPARTMENTIMISCELLANEOUS FEE OR SERVICE ALL DEPARTMENTS Certification - Any Public Record Certification (Excluding Public Records) Copy of Public Records (from Paper, Fax, Microfilm, or Other Media) In General (excluding Police Accident Reports) Size up to 8 1/2" x 14" Oversized (larger than 8 1/2" x 14") Postage Charges Subpoena Duces Tecum - same as above general fees plus the following: Special reproduction charges (if any) Labor charges per person for locating and preparing documents Charges paid to a third person for retrieval and return of records held by that third person Witness Fees Mileage Fees UNIT FY 05-06 FEES Each 2.75 Each 2.05 Each Page 0.20 Each Page Actual Cost Each Actual Cost Each Actual Cost Hour 16.00 Quarter hour or fraction thereof 4.00 Each Actual Cost Per Day 151.00 Each Applicable Cost NOTE: Copies of maps, documents, graphs, or special work may be furnished upon the payment of the cost of printing and preparation. In cases where a regular established price IS unavailable, the Department Head, in collaboratIOn WIth the bxecul1ve Director of Finance & Management Services. may establish a price consistent with the cost of printing and preparation thereof The Executive Director of Finance & Management Services shall report such exceptions to the City Manager. It shall be the responsibibty of the City Manager to review costs annually and make such recommendations to the City Council as required to keep rates consistent with costs. Government agencies and their official represental1ve(.\) shall be exempt from paying theses charges for smgle copies for official use. Preparation of Administrative Records Deposit to be applied to copy charges of $0.20 per page. Subscriptions Agenda only: Council Boards/Commissions Minutes only: Council Boards/Commissions Agenda & Minutes: Council Boards/Commissions City Council Agenda and Minutes can be obtained at no charge from the City's internet website at www.ci.santa-ana.ca.us Santa Ana Municipal Code (SAMe) and Supplements (order directly by calling MuniCIpal Code Corporation at 1-800-262-2633) Council ChambersIRoom 147 Rental Fee Security/Cleaning Deposit (Refundable) 75A2-8 Flat Rate 105.00 Annual 12.00 Annual 36.00 Annual 12.00 Annual 36.00 Annual 144.00 Annual 12.00 Per Hour Deposit 16.00 103.00 RESOLUTION 2005-052 REVENUE ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT SECTION I ALL DEPARTMENTS Buildinl! Rental Fees Group I City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. N/C Group 2 Resident not-for-profit civic, social, and religious organizations. Group 3 Nonresident not-for-profit civic, social, and religious organizations. Group 4 Resident commercial, business, and for-profit organizations. Group 5 Nonresident commercial, business, and for-profit organizations. Facilitv GrouD I GrouD 2 GrouD 3 GrouD 4 GrouD 5 Police Facility Community Room Up to 3 hours N/C 130.00 260.00 180.00 375.00 Each additional hour N/C 42.00 84.00 60.00 125.00 Cleaning Deposit (may be refundable) 200.00 200.00 200.00 200.00 200.00 The Depot Per Hour N/C 22.00 30.00 32.00 35.00 Max. per day N/C 85.00 150.00 160.00 175.00 Library Room Rental per Hour Meeting Room N/C 14.00 28.00 20.00 40.00 Kitchenette (Optional) N/C 7.00 14.00 10.00 15.00 The Library has meeting rooms avwlable for a fee at the Central Library and Newhope Libraries. City-sponsored activities will receive booking priority. All events must be open to the general public at no charge. Lawn Bowline Clubhouse N/C 44.00 88.00 63.00 131.00 Southwest Sr. Center California Room N/C 78.50 131.5 0 88.00 157.50 Dining Room N/C 26.00 42.00 31.50 6300 Kitchen N/C 21.00 31.50 26.00 42.00 Conference Room N/C 26.00 42.00 31.50 63.00 Santa Ana Sr. Center Main Room N/C 78.50 131.50 88.00 157.50 Dining Room N/C 2600 42.00 31.50 63.00 Kitchen N/C 21.00 31.50 26.00 42.00 Saleado Communitv Center Meeting Room N/C 29.00 58.50 42.00 84.00 Kitchen N/C 11.00 22.00 15.50 31.50 Gymnasium N/C 55.00 110.00 78.50 157.50 2 75A2-9 FY 05-06 FEES RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION I ALL DEPARTMENTS Jerome RecreatIOn Center Social Hall N/C 14.50 29.00 21.00 42.00 Class Room N/C 14.50 29.00 21.00 42.00 Gymnasium N/C 25.50 51.50 36.50 73.50 Kitchen N/C 11.00 22.00 15.50 31.50 EI Salvador Center Social Hall N/C 14.50 29.00 21.00 42.00 Class Room N/C 14.50 29.00 21.00 42.00 Kitchen N/C 11.00 22.00 15.50 31.50 Memorial Center Social Hall N/C 14.50 29.00 21.00 42.00 Class Room N/C 14.50 29.00 21.00 42.00 LOl! Cabins N/C 7.36 14.50 10.50 15.50 Corbin Center (per room) N/C 14.50 29.00 21.00 42.00 3 75A2-10 , RESOLUTION 2005-052 REVENUE ACCOUNT SECTION II 5578 5578 5578 5578 5578 5578 5578 5578 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE CLERK OF THE COUNCIL Initiative Petition Pursuant to California Elections Code 9202(b) & City of Santa Ana Council Resolution 88-048 Maps City Precinct Maps See Public Works Agency Geographical Information Systems (GIS) Maps Notification for New or Increased Taxes Pursuant to Government Code Section 54954.6 (b) (1) City Charter Over the Counter Mailed Requested Copies of Council Minutes, Ordinances. Resolutions Paper Copies including Fax Copies Specially Reproduced Copies (e.g., floppy disks) Fair Political Practice Commission (FPPC) Statements Retrieval Fee for Statements 5 years of age or over Copy Charge for Statements Tapes of Council Meetings Audiotapes Videotapes (order directly by calling Parks, Recreation & Commumty Services at (7/4) 57/-4200) Hearings Chapter 3 Appeal Hearing Deposit (Balance Refundable) Processing Fee Labor Charges 4 75A2-11 UNIT FY 05-06 FEES Per Filing 200.00 Per Request 50.00 Per Unit 13.00 Per Unit 16.00 Each Page 0.20 Each Page Actual Cost Per Record 5.00 Per Record 0.10 Per Meeting 36.00 Per Request Per Request Per Hour 105.00 36.00 36.00 RESOLUTION 20OS-OS2 REVENUE ACCOUNT DEPARTMENTfMlSCELLANEOUS FEE OR SERVICE SECTION III FINANCE & MANAGEMENT SERVICES 5021 5951 5945 5499 5499 5499 5021 5021 5499-] 5799-6 5021 5021 Wild Animal Permit (Nonrefundable) Program administered by Police Department UNIT FY OS-06 FEES Each 129.00 Dog License Fees County of Orange fees relating to the redemption of dogs adopted by City Council on 01/06/03 (Reso. No 2003-004). Program administered by Police Department County of Orange proposed fees.. CA Food & Agriculture Code Sec. 30804.5 sets the fee for altered dogs at no more than 50% of unaltered dogs. Annual · Altered (Neutered or Spayed) .Unaltered Replacement of Tag .Senior Citizen (65 or older) One discount per household. Animal must be spayed/neutered. .Late License Penalty (after 30 days) .Puppy License (12 month license for dogs under 6 months) Bingo License Fee CA Penal Code Sec. 326.5 sets this fee at $50.00 per annum. Bound Copy (Unabridged) Chapter 21 SAMC Business License Code Customer Pickup Mailed Finance Record Abstract Certified Uncertified Finance Records Research Fee Minimum I hour Monthly New Business License List Business License Tax Collection Fee Credit Card Processing Fee Collection Returned Check Escort Bureau, Introduction Service Establishment, and Escort Fees Program administered by Police Department Escort Bureau Permit Introductory Service Permit Escort Permit Figure Model Studios/Figure Model Fees: Program administered by Police Department Figure Model Studio Permit Figure Model Permit Figure Model Studio Sale or Transfer Figure Model Studio Change of Location or Name NOTE: Figure Model Studio Permit Applicants who are also Figure Model Permit applicants shall only be required to pay the Figure Model Studio Permit Fee. 5 75A2-12 Each Dog 19.00.. Each Dog 70.00.. Each 2.00.. Each Each 37.00.. Each Dog 19.00.. Each 50.00 Each Each 28.14 34.66 Each 14.62 Each 9.36 Per Hour 36.34 Each 14.62 Each Field Collection 42.08 Per Transaction 2.99 Each 25.00 Each Each Each 631.00 631.00 136.00 Each Each Each Each 631.00 136.00 631.00 33.00 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION III FINANCE & MANAGEMENT SERVICES 5021 Massage Establishment/Massage Technician Fees: Program admimstered by Police Department Massage Establishment Penn its Each 631.00 Massage Technician Pennits Each 136.00 Massage Technician Transfer/Duplicate Each 33.00 Massage Establishment Sale Transfer Each 631.00 Massage Establishment Change of Location or Name Each 33.00 NOTE: Massage Establishment Permit Applicants who are also Massage Technician Permit Applicants shall only be required to pay the Massage Establishment Permit Fee. 5021 Peep Show Permit Fee Each 275.00 Program administered by Police Department 5021 Pool/Billiard Pennit Fee Each 275.00 Program administered by Police Department 5021 Public Dance Establishments Program administered by Police Department Dance Pennits Permanent Each 275.00 One-Day Each 69.00 60-01 Water Turn On Charge After hours Each 107.55 Consumption OnlOffMeter Charge Each 43.10 Delinquent Account Collection Each 21.14 Reconnect Charge Each 43.10 Off for Bad Check Each 43.10 Tag Fee (Upon affixing) Each 9.30 1nvestigationlRe-read Meter Each 9.30 60-01 Replace Meter (Removed for Unpaid Bills) Program administered by Public Works Agency 5/8" " Each" 49.95 3/4" " Each" 64.66 1" Each 106.54 11/2" Each 249.94 2" Each 334.06 " After business hours, the minimum charge for replacement is $107.81 NOTE: These charges are equal to the cost of installation of new meters (a meter is only removed in cases where normal collectIOn procedures fail). 60-01 Removal of Straight Pipe Each 72.34 Program administered by Public Works Agency 60-01 Repair Curb Stop Each 106.54 Program administered by Public Works Agency 5924 Filming Penn it Fee Per day 325.07 Program administered by Parks, Recreation & Commumty Services 5621 Copy of Comprehensive Annual Financial Report (CAFR) Each Actual Cost 5621 Copy of City Annual Budget Each Actual Cost 6 75A2-13 RESOLUTION 2005-052 REVENUE ACCOUNT DEPARTMENTfMISCELLANEOUS FEE OR SERVICE UNIT SECTION III FINANCE & MANAGEMENT SERVICES 68-01-5576 Sanitation Charge Program administered by Public Works Agency. Bimonthly Single Family Duplex Triplex Fourplex or larger Business Per Unit Per Unit Per Unit Per Unit Per Unit NOTE: Any portion of a building which IS designed to be separalely rentable and is separately identifiable by a leller or number designalion shall constitute a separate and distinct unit, except that any public/y- owned building shall be a single unit. 7 75A2-14 FY 05-06 FEES 14.91 14.91 14.91 14.91 14.91 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION IV FIRE DEPARTMENT 5520 False Alanns (Santa Ana Municipal Code 14-38) System Malfunctions Each 108.00 Deliberate Act Each 186,00 NOTE: One aI/owed in 30 days; Two in 90 days: Three aI/owed in any J 2 month period. 5935 Fire Code Pennit Fee Section I: Fire Code Pennits for Specific Hazards, Renewable Annually or per Event: Aerosol Products Fee 110.00 Aircraft Refueling Vehicles Fee 110,00 Aircraft Repair Hanger Fee 110,00 Asbestos Removal Fee 110,00 Assembly See "Places of Assembly" Automotive Wrecking Yard Fee 110.00 Battery System Fee 110,00 Cellulose Nitrate Film Fee 110,00 Cellulose Nitrate Storage Fee 110,00 Combustible Fiber Storage Fee 110,00 Combustible Material Storage Fee 110,00 Compressed Gases-Medical Oxygen Fee 110.00 Commercial Rubbish-Handling Operation Fee 110,00 Dry Cleaning Plants Fee 110,00 Dust-Producing Operations Fee 110,00 Explosives or Blasting Agents Fee 110,00 Flammab]e or Combustible Liquids; 1 Class I liquids, inside storage, Fee 110,00 more than 5 gallons, but less than 55 gallons, 2 Class I liquids, outside storage, more than 10 gallons, Fee 110.00 but less than 55 gallons, 3 Class II and Class III-A liquids, inside storage. Fee 110.00 more than 25 gallons, but less than 55 gallons, Fruit Ripening Fee ] 10,00 Fumigation or Thennal Insecticidal Fogging Fee 110.00 High-Piled Combustible Storage Fee ] 10.00 Hot-Work Operations Fee ] 10.00 Lumber Yards Fee ] 10,00 Magnesium Working Fee ] 10.00 Organic Coating Fee ] 1000 Ovens, Industrial Baking or Drying Fee 110,00 Places of Assemb]y A-3, occupant load 50-200 Fee 120,00 A-2, I, occupant load 300 or more, wlo a stage Fee 240,00 A-2, occupant load 999 or less, with a stage Fee 240,00 A-I, occupant load 1000 or more, with a stage Fee 240,00 Refrigeration Equipment Fee 1]0,00 Repair Garages Fee 1]0.00 Spraying or Dipping Fee ] 10,00 Tents. Canopies and Temporary Membrane Structures See Section II "Special Pennits" Tire Storage Fee ] 10,00 Wood Products Fee ] 10,00 8 75A2-15 RESOLUTION 2005-0S2 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION IV FIRE DEPARTMENT Section II: Special Permits: Carnivals, Fairs and Outdoor Assemblies Per Event 52,00 Christmas Tree Lots Per Lot 52.00 Fireworks, Special Events, Pyrotechnic and Open F]ame Devices Per Day 71.00 Mall, Covered Per Event 52,00 Occupant Load Increase Per Event 52,00 Parade Floats Per Event 52,00 Pumpkin Patch Lot Per Lot 52,00 Special Activities Permit Per Event 52,00 Liquefied Petroleum Gas Tank Fee 110,00 Tents, Canopies and Temporary Membrane Structures Per Tent/Event ] 10.00 Additional Canopies Each 52,00 Above Ground Tanks Fee 186,00 Special Fire Inspections Fee 93,00 Additional Fire Inspections Fee 93,00 Alternative MaterialsIMethods Request Per Request 194,00 5499 Fire Incident Reports Per Report (20 pages or less)' Each 14,75 · Additional charge per page in excess of twenty (20) pages in length Each 0,65 5499 Fire Incident or Medical Incident Reports (Requiring computer search) 'Minimum one (1) hour Per Hour' 89.00 5499 Fire Inspection Reports 1 st Page 3,00 Up to 8 1/2" X 14" in size Add') Page 0.45 5499 Fire Code and Fire Code Standard Copies 1 st Page 3,00 Up to 8 1/2" X 14" in size Add'l Page 0.45 5919 Fireworks/Stands and Displays: Permit for Sale (Retail Stand Only) Per Stand 315,00 Cleanup Deposit Bond (Refundable) Per Stand 146,00 5499-100 Shoulder Patches (Only to Bona fide Collectors) Each ]2.50 5499-100 Division Identification Chevrons (Only to Bona fide Collectors) Each 6,50 5543 Basic Life Support (BLS) Treatment Per BLS Treated Patient Each 214,00 5543 Advanced Life Support (ALS) Treatment Per ALS Treated Patient Each 342,00 5543 Emergency Medical Assessment N/A 114,00 Per BLS or ALS assessment where no transport occurs 5543 Administration of Oxygen during Transport Per Patient receiving oxygen Each 61.00 9 75A2-16 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION IV FIRE DEPARTMENT 5544 Paramedic Subscription Fee Per HouseholdlBusiness Location Annual 37.00 5543 Emergency Base Rate/Transportation (in Fire Dept-owned vehicle) Per Transported Patient Each 484.00 5543 Mileage Per Transport Per Transport Mile Per Transported Patient Each 13.50 5540 Care Facility Inspection Fee 25 or Fewer Occupants Per Facility 72.00 26 or More Occupants Per Facility 142,00 5622 Stand By Fire Inspectors Fire Inspector "Four (4) Hour Minimum "Per Hour 55.00 Supervisor "Four (4) Hour Minimum "Per Hour 72.00 NOTE: Standby Fire Inspectors are requiredfor public fireworks displays, some unusual types of pub lie assembly events and by some motion picture studIOs filming on location. An unusual event that would require more than two (2) inspectors would also require a Supervisor, Afier business hours and weekend inspections also require a Supervisor, 5551 Site Environmental Assessment File Review Per Address 67,00 5545 Haz-Mat Cost Recovery Flat Fee (Plus additional costs) Noncommercial Vehicle Accident Per Accident 140,00 Additional Costs Per Minute Per Accident 4.00 Per Hour, Per Each Fire Company Per Accident 256.00 5546 Risk Management and Prevention Program I st Eight (8) Hours 723,00 Each Hour or Fraction OVER Eight (8) Hours 72.00 5550 Fire Department Annual Inspection: 0-2,500 square feet 42,00 2,501- 5.000 square feet 63,00 5,001- 10,000 square feet 105,00 10,000- over 210,00 ABOVE & UNDERGROUND STORAGE TANK FEES 5923 Annual Tank Fees Each 343,00 (includes tanks not currently in use) Officially Abandoned Tanks 5923 Installation of New Underground Tanks: Flammable Liquids 1-3 Tanks 668,00 Each Add'l Tank 200,00 Hazardous Chemicals Each Tank 267,00 Includes Plan Check, Resubmittals & Field ImpectlOns (working hours) 5923 Above Ground Storage Tank Plan Review Per Tank 162,00 5923 Systems Modifications/upgrades Per Hour 100,00 10 75A2-17 RESOLUTION 2005-052 DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FY 05-06 FEES REVENUE ACCOUNT SECTION IV FIRE DEPARTMENT 5923 Miscellaneous Inspections Drafting Monitoring Certification Testing Product Lines Separately Unauthorized Releases Per Visit 100.00 Per Visit ]00,00 Per Visit ]00,00 Per Hour ]00,00 I -3 Tanks 534,00 Per Tank ] 19.00 Hour No Charge Add'l Hour 100.00 5923 Underground Storage Fees Tank Remova] Tank Removal Each Additional Tank Field Inspection First three (3) hours Each Additional hour or fraction 5923 Inspection(s) Required Due to Leaks or Unauthorized Releases Inspection Per Hour Each Additiona] hour or fraction 5923 Overtime Inspectors Inspection Minimum of(3) hours (Includes after 5 p,m, and weekends) Hour 100.00 Add'l Hour 100.00 Each 5.25 Hour 234,00 Add'] Hour 100,00 Hour 200.00 Hour 600.00 5923 Underground Storage Tank Regulations and Procedures Book 5923 Site RemediationlP]an Check First 3 hours Each additional hour or fraction 5546 HAZARDOUS MATERIALS RELEASE RESPONSE PLANS & INVENTORIES RANGE DETERMINATION Each business in the City of Santa Ana which is required to submit a business plan and/or inventory pursuant to Health & Safety Code, Chapter 6,95 of Division 20 , shall be assigned a range consisting of a "range number" and a "range letter" as follows: Range Numbers shall be based on the maximum quantity of all hazardous materials present on the business premises at any time in accordance with the following schedule: Range Letters shall be based upon the total number of hazardous substances or waste categories listed on the inventory of the business submitted to the City as follows: Range Gases Liquids Solids Number (Cubic Feel) (Gallons) (Pounds) ] 200 to ] ,000 55 to ],000 500 to 1,000 2 1,001 to 5,000 1,001 to 5,000 1,001 to 5,000 3 5,001 to 10,000 5,001 to 10,000 5,001 to 10,000 4 Over 10,000 Over 10,000 Over 10,000 Range Letter A B C D E Num ber of Materia]s Listed 1 - 2 3 - 5 6-9 10 - 20 Over 20 The range-numbers of gases, liquids and solids on the business premises shall be computed separately. and the highest range-number in any of the three categories shall be the range-number of the business, 11 75A2-18 RESOLUTION 2005-052 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION IV FIRE DEPARTMENT FEE SCHEDULE 5546 Each submission of a business plan (as defined in health and Safety Code Section 2550 I) and each certification provided pursuant to Health and Safety Code Section 25505 (c) and each submission of an annual inventory pursuant to Health and Safety Code Section 25505 (d) (other than inventories which are submitted as part of a business plan or certification) shall be accompanied by a fee based upon the "range" of the subject business in accordance with the following schedule: 5546 SERVICE STATIONS Flat Fee Additional Costs: Add up the quantities of all the various chemicals (or materials) in each of the three categories in each of the three categories (gallons, cubic feet, pounds), Use the highest quantity of chemicals (or materials) listed to detennine the number range (],2,3 ..,) Count the number of chemicals (or materials) listed to detennine the appropriate range-letter (A,B,C..,), Using the combined Range figures (Number and Letter, ]-A. 2-C, etc, to detennine the correct fee from the schedule, 5546 Late Filing Fee The Fire Chief shall impose a late filing penalty based on additional administrative costs incurred due to the late filing of any business plan, certification, or inventory, The amount of such penalty shall be 25% of the fee for such filing, Nonpayment of the fee and penalty shall incur] 0% interest on the amount of the billing starting 30 days after the date issued, 12 75A2-19 UNIT RANGE I-A ]-B ]-C 1-0 ]-E 2-A 2-B 2-C 2-0 2-E 3-A 3-B 3-C 3-D 3-E 4-A 4-B 4-C 4-0 4-E FY 05-06 FEES 281.00 329,00 374,00 562,00 935,00 313,00 421.00 469,00 658.00 1.034,00 421.00 462.00 658.00 844,00 ] .223,00 635,00 670.00 772,00 1,074,00 1,387,00 107.00 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION IV 5546 5543 DEPARTMENT/MISCELLANEOUS FEE OR SERVICE FIRE DEPARTMENT ADMINISTRATIVE PENALTY FEE SCHEDULE This fee schedule utilizes a base penalty for each of the listed offenses and assesses a surcharge to that penalty expressed as a percentage of the base penalty for those factors outlined in H&S Code section 25514,5(1) which include but are not limited to the following considerations, but shall not exceed $5,000 for each day the violation occurs: a. Extent of harm caused by the violation - surcharge to 500 percent. b, The nature and persistence of the violation - surcharge to 500 percent. c, The length oftime over which the violation occurs-surcharge to 100 percent. d, The frequency of past violations - surcharge to 100 percent. e, Action taken to mitigate the violation - surcharge to 100 percent. f. Financial burden on the violator - will be considered, The following base penalties shall be assessed for the below-listed violations: 1, H&S Code Section 25503,5 Failure to establish and implement a business plan for emergency response. 2, H&S Code Section 25503,6 Failure to notify real property owner that a business plan is required, 3, H&S Code Section 25503,7 Failure to notify administering agency that hazardous substance is being stored in railroad car, 4, H&S Section 25503,8 Failure by business, which is required to submit chemical inventory pursuant to Federal Law. to establish and implement a business plan, 5, H&S Code Section 25504 Failure to provide a complete business plan, 6, H&S Code Section 25505 Failure to correct, revise, or review business plan, Failure to submit annual inventory disclosure, 7, H&S Code Section 25509 Failure to provide complete inventory disclosure. 8, H&S Code Section 25509,3 Failure to include estimated amounts of hazardous waste on annual inventory, 9, H&S Code Section 25510 Failure to amend inventory, Disposable Medical Supplies AIRWAY OXYGEN SUCTION Airway - Combitube, holder Airway - ET Kit, Slick set, holder, laryngoscope blade, eye protection, N-95 mask Airway Nasal Airway Oral Ambu, Bag, Adult, Pediatric, Infant Mask - Resuscitator Mask - Non-rebreather-oxygen Nasal cannula Nebulizer Oxygen Suction Kit - Manual or electric V-vac, cannister, catheters. yankauer, bulb, feeding tube 13 75A2-20 UNIT Each Per Patient Each Each Each Each Each Each Each Per Patient Per Patient FY 0S-06 FEES 351.00 140,00 351.00 351.00 211.00 211.00 211.00 351.00 211.00 88,00 38,00 26,00 2,25 51.00 16,00 3.25 2.90 3,70 61.00 24,00 RESOLUTION 2005-052 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION IV FIRE DEPARTMENT 120-5010 CARDIAC MONITOR! DE FIBRILLA TlON Monitor - electrodes Defibrillation gel DRESSING/ IMMOBILIZATION Minor trauma kit - Bandaid, 4x4, 2x2, Kerlix, tape, eye pad Major trauma kit - 4x4's, ABD pads, Kerlix, tape. petroleum dsg Bum pack - Bum sheet, any size bum towel, irrigation saline Cold pack Gloves Spinal Immobilization - backboard. cervical collar, StaB lock. tape Splint - air or cardboard IV ADMINISTRATION Arm board IV Start - IV Start Kit, prep razor, sharpsafe, connectors IV Solution - 250cc Saline, tubing IV Solution - 1000cc Saline, tubing Needles - disposable Saline lock Syringe MEDICATIONS Adenosine Albuterol Atropine, Ampule Atropine, Syringe Diphenhydramine Dextrose, Syringe Dopamine, with drip regulator Epinephrine, I: 1000 amp Epinephrine, I: I 000 30cc vial Epinephrine, I: I 0000 syringe Glucagon Glucose solution Lidocaine Morphine, amp Morphine, syringe Narcan, syringe Narcan, vial Nitro spray Nonnal saline lOcc vial Sodium Bicarb Versed MISCELLANEOUS SUPPLIES Linen - Disposable sheet, gurney Blanket KCD Communicable Disease Kit - Personal protection pal<. eye protection, vionex wipes Emesis Basin - Convenience bag Glucometer Strips Irrigation Saline - 500cc bottle N 95 Mask OB Kit - Disposable OB Kit, eye protection Fire Facilities 14 75A2-21 UNIT Per Patient Per Patient Per Patient Per Patient Per Patient Each Per Pair Per Patient Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Per Sq, Ft. of floor area FY 05-06 FEES 23,00 3,75 4,75 7.00 27,00 2.45 1.35 35,00 ] 1.00 4,75 10,50 12,00 ]3,00 1.20 4,35 2,30 noo 2,25 3,00 22,00 5,25 29,50 55,00 4,50 29,00 35,00 86,00 12.50 7,25 18.50 24,00 55,00 10.50 80.00 2.15 35,00 29.50 1.05 14,25 8,25 1.85 4,50 2.50 2,15 43,00 0.58 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION V 5928 5520 5520 5520 5621-331 5621-331 5518 998-5999-109 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE POLICE DEPARTMENT Alarm User Permit Commercial & Residential False Alarms (Code 459) Burglary Calls - Commercial & Residential I st Incident 2nd Incident 3rd Incident 4th Incident 5th Incident 6th Incident - fee & warning of non-response 7th Incident 8th Incident - fee & placed on non-response status False Alarms (Code 211) Robbery Calls - Residential I st Incident 2nd Incident 3rd Incident 4th Incident 5th Incident 6th Incident - fee & warning of non-response 7th Incident 8th Incident - fee & placed on non-response status False Alarms (Code 211) Robbery Calls - Commercial I st Incident 2nd Incident 3rd Incident 4th Incident 5th Incident 6th Incident - fee & warning of non-response 7th Incident 8th Incident - fee & placed on non-response status Firearms Examination Service Fee - Outside Agencies Basic Function Exam - per firearm Full Function Exam - per firearm Examination & Comparison Examination & Comparison - Major Crime (up to 6 hours) Hourly charge in excess of 6 hours - each additional hour Entry into Ballistic Database (IBIS) UNIT FY 05-06 FEES Per Year 29.00 Per Incident No charge 50,00 75.00 125.00 150,00 200,00 300.00 400,00 Per Incident No charge 50,00 75,00 125,00 150,00 200,00 300,00 400,00 Per Incident 75,00 100,00 150,00 200,00 250,00 300,00 350,00 400.00 33,00 198,00 297,00 595.00 99,00 0,00 Storage of Weapon Fee - per weapon 100,00 (due when released pursuantto a "Relinquishment Order - Family Code 6218) 1-1-05 state law change (AD 2431, PC 12021.3): fee can be charged when ;my weapon is released to an owner or gun dealer Fingerprint Fee City Processing fee only Applicants Exempted by law shall not pay. Fingerprint Fee State Processmgfee For all fingerprintmg requiring State processing, the applicable state fee will be added to the $20,00 City fee above, 15 75A2-22 Per Card 21.00 Actual Cost RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION V POLICE DEPARTMENT 5516 Citation Sign Off Equipment violators Per Incident 10,00 55]6-331 Copy of Lost Citation Per Citation 2,00 5623 Driving Under Influence Cost Recovery Actual Cost Persons arrested for driving under the influence Per Incident Up to $1.000 Pursuant to Government Code Sec, 53] 50 et seq, 5623 Police Pursuits Cost Recovery Actual Cost Persons apprehended in police pursuits Per Incident Up to $1.000 Pursuant to Government Code Sec, 53] 50 et seq, 5623 Hit & Run Accident Investigation Actual Cost Persons responsible for hit and run accidents Per Incident Up to $1,000 Pursuant to Government Code Sec, 53] 50 et seq, 562]-331 Disturbing the Peace Police Service Fee Each Actual Cost Pursuant to S,A. Municipal Code Sec. 10-300 et seq, Up to $500 5925 Ice Cream Truck Vendor Permits Includes one Driver/Operator Each 205.00 Additional Truck Each 33,00 5323 License to Sell Pistols/Revolvers Per License ]29,00 5950 Administration Citation Fee First Violation 100,00 Allows Animal Service Officers the right to cite for State and Second Violation 300,00 Local Animal Law Violations Third Violation 500.00 5621-344 Police Accident Photos B&W and Color Print, (4X5/3,5X5) & Polaroids Each 5,00 B&W and Color Print, 5X7 Each 7,00 B&W and Color Print, 8X1O Each 12,00 Contact Print, 8X 10 Each 12,00 57]2 Police Evidence Tape (audio or video tape) Each 34,00 5598 Police Accident Reports Each 20,00 5598-100 Search Fee (no case #) Each 5,00 5598 Police Immigration/Clearance Letters Each 20,00 5598 Police Incident Reports Citizens Request for Information Form Each' 20,00 'Reports in excess of20 pgs. Per Page 1.00 5598-100 Search fee (no case #) 5,00 5598 Request to Review Criminal History Per Request 20.00 5598 Request to Review Incident Information Per Request 20,00 16 75A2-23 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION V POLICE DEPARTMENT 5620 Police Security Services Lieutenant Per Hour 105,00 Sergeant Per Hour 85.00 Police Officers Per Hour 69,00 PCO/PSO/Reserve Per Hour 45,00 5517 Impound of Owner Release Animals Per Impound 52,00 5925 Pushcart Pennits Vendor/Operator Permit-l cart Each* 205,00 * Additional Carts/Operators Each 33.00 5514 Release ofImpounded Vehicles-SAPDrrraffic Vehicle Registration Expired Over 6 Months Each 125,00 Unlicensed/Suspended-Revoked Drivers Each 175,00 $75 to 011-01-5514 (mcreasedfrom $25) $100 to 165-01-5352-100 5621-331 Solicitation Permit Per Pennit 33.00 Vehicle for Hire (Taxi) Fees Driver's Penn its Each 32.00 (Original, Renewal, Replacement or Duplicate) Vehicle for Hire Pennit Each 130,00 Vehicle for Pennit Transfer Each 6,00 5621-331 Reinspection Fee-Plan Checks/Not Completed Minimum * 40,00 *$39,00 mimmum or hourly employee rate, Fee to be charged when inspection is calledior work not complete or correctIOns called for are not made, Second Hand Dealer Fee Each 63.00 Security Guard Company Fee Each 63,00 5516 Equipment Violation Pursuant to SAMC Sec, 40225 Each 79,00 Proof of Correction Each 10,00 5926 Street Closure Pennit Per Pennit 125,00 5450 Land Use Certificate Processing Fee for temporary outdoor event Per Pennit 30,00 Accelerated Processing Fee Per Pennit 62,00 5021 Escort Bureau, Introduction Service Establishment, and Escort Fees Program admmistered by Police Department Escort Bureau Penn it Each 631.00 Introduction Service Pennit Each 631.00 Escort Pennit Each 136.00 17 75A2-24 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION V 5021 5021 5021 5021 5021 5621-331 5215 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE POLICE DEPARTMENT Figure Model Studios/Figure Model Fees: Program administered by Police Department Figure Model Studio Permit Figure Model Permit Figure Model Studio Sale or Transfer Figure Model Studio Change of Location or Name NOTE: Figure Model Studio Permit Applicants who are also Figure Model Permit applicants shall only be reqUIred to pay the Figure Model Studio Permit Fee, Massage EstablishmentlMassage Technician Fees: Program administered by Police Department Massage Establishment Permits Massage Technician Permits Massage Technician TransferlDuplicate Massage Establishment Sale Transfer Massage Establishment Change of Location or Name NOTE: Massage Establishment Permit Applicants who are also Massage Technician Permit Applicants shall only be required to pay the Massage Establishment Permit Fee, Peep Show Permit Fee Program administered by Police Department PoollBilliard Permit Fee Program administered by Police Department Public Dance Establishments Program administered by Police Department Dance Permits Permanent One-Day Police Training Video Tape Habitual Parking Offender Program Parking Violation: Late fee 18 75A2-25 UNIT Each Each Each Each Each Each Each Each Each Each Each Each Each Per Tape Per Incident V iolations with a 'base' (original) fine of $1 00 or less:(Rounded up to the next whole dollar) Violations with a 'base' (original) fine of$100 or more:(Rounded up to the next whole dollar) FY 05-06 FEES 631.00 136,00 631.00 33,00 631.00 136,00 33.00 631.00 33,00 275,00 275,00 275,00 69,00 43.00 107,00 50% of base fine, Total delinquent fine is 150% of base fine, 20% of base fine, Total delinquent fine is 120% of base fine, RESOLUTION 2005-052 REVENUE ACCOUNT SECTION V 5215 5215 5215 5215 5215 5215 5215 52]5 52]5 5215 5215 5215 5215 5215 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE FY 05-06 FEES UNIT POLICE DEPARTMENT Additional late charges will be imposed at the time an unpaid Parking Violation penalty is place as a vehicle registration "hold" with DMV, The "total" Late Charge assessed will increase to: Violations with a 'base' (original) fine of $100 or less:(Rounded up to the next whole dollar) 90% of base fine, Total delinquent fine is 190% of base fine, Violations with a 'base' (original) fine of $100 or more: (Rounded up to the next whole dollar) 40% of base fine, T olal delinquent fine is ]40% of base fine, Parking a vehicle within 300 ft, of fire apparatus answering a fire alarm Pursuantto SAMC Sec, 36-41 (7) Each 43.00 Permit required Special Parking District Pursuant to SAMC Sec, 36-493 (a) Each 36.00 Parking in a red zone Pursuantto SAMC Sec, 36-131 (I) Each 43,00 Parking in a yellow zone Pursuantto SAMC Sec, 36-131(2) Each 28,00 Parking in a white zone Pursuant to SAMC Sec, 36-131(3) Each 28,00 Parking in a green zone Pursuantto SAMC Sec, 36-131(4) Each 28,00 Parking in a blue (handicapped) zone Pursuant to SAMC Sec, 36-131(5) Each 91.00 Parking in a "NO Parking" zone Pursuant to SAMC Sec, 36-132 Each 54,00 No parking-street sweeping Pursuant to SAMC Sec, 36-133 Each 49,00 Parking in violation of "emergency no parking sign" Pursuant to SAMC Sec, 36-134 Each 54,00 Parking in alley Pursuant to SAMC Sec, 36-135(a) Each 36,00 Stopping, standing or parking a vehicle w/in parkway Pursuant to SAMC Sec, 36-135(b) Each 36,00 Parking at certain places and for certain purposes Pursuant to SAMC Sec, 36-136 Each 36,00 For sale; inoperable vehicles; repairing vehicles Pursuant to SAMC Sec, 36-136(a) Each 49.00 19 75A2-26 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION V POLICE DEPARTMENT 5215 Parking over 72 hours Pursuant to SAMC Sec, 36-136(b) Each 49,00 5215 Parking on left side of one-way roadway Pursuant to SAMC Sec, 36-136(d) Each 28,00 5215 Parking outside oflapping marked parking Pursuant to SAMC Sec, 36-138(a) Each 36,00 5215 Angle parking prohibited in certain areas Pursuant to SAMC Sec, 36-139 Each 36,00 5215 Parking in restricted areas, Time limit parking Pursuant to SAMC Sec, 36-142 Each 36,00 5215 Overnight parking prohibited in certain areas Pursuant to SAMC Sec, 36-144 Each 28,00 5215 Parking any commercial vehicle over 10.000 lbs, In a residential district for a period of time longer than two(2) hours prohibited Pursuant to SAMC Sec, 36-145 Each 62,00 5215 Parking on City property Pursuant to SAMC Sec, 36-147 Each 28,00 5215 Parking on property of Joint Powers Agency-city is member Pursuantto SAMC Sec, 36-147, I Each 28,00 5215 Parking in metered space time expired or beyond max, time Pursuant to SAMC Sec, 36-402(1) Each 43,00 5215 Parking outside of painted or marked area of metered space Pursuant to SAMC Sec, 36-402(2) Each 43,00 5215 Park any vehicle restricting traffic (ingress/egress) Pursuant to SAMC Sec, 36-432(2) Each 43,00 5215 Park any vehicle with trailer, etc" restricting traffic Pursuantto SAMC Sec, 36-432(4) Each 54,00 5215 Red no parking areas-striped no parking areas Pursuant to SAMC Sec, 36-432(5) Each 43,00 5215 Parking outside/across designated parking lines Pursuant to SAMC Sec, 36-432(6) Each 36,00 5215 Parking overtime on public parking lot Pursuant to SAMC Sec, 36-432(9) Each 36,00 5215 Use metered spaces when meter indicates unlawful parking Pursuant to SAMC Sec, 36-432(11) Each 36,00 5215 Park any truck in excess of 2 tons in parking lot Pursuant to SAMC Sec, 36-432(12) Each 43,00 20 75A2-27 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION V POLICE DEPARTMENT 5215 Unauthorized parking in "handicapped" zone Pursuant to SAMe Sec, 36-432(15) Each 68.00 5215 Continued Time Zone Pursuant to SAMe Sec, 36-143 Each 36,00 5215 Parking within a intersection Pursuant to eve Sec, 22500(a) Each 41.00 5215 Parking within a crosswalk Pursuant to eve Sec. 22500(b) Each 41.00 5215 Parking adjacent to safety zone Pursuant to eve Sec, 22500(c) Each 41.00 5215 Parking within ] 5 ft. of driveway entrance of fire station Pursuant to eve Sec, 22500(d) Each 41.00 5215 Parking on a sidewalk Pursuant to eve Sec, 22500( t) Each 41.00 5215 Obstructing traffic by stopping, standing or parking alongside highway obstruction Pursuant to eve Sec, 22500(g) Each 41.00 5215 Double Parking Pursuant to eve Sec, 22500(h) Each 41.00 5215 Parking upon a bridge Pursuant to eve Sec, 22500(k) Each 41.00 5215 Parked, right hand wheels more than 18" from right hand curb Pursuant to eve Sec, 22502(a) Each 41.00 5215 Motorcycle parked, one wheel or fender not touching curb Pursuant to eve Sec. 22502(e) Each 41.00 5215 Parked within 15 feet of fire hydrant Pursuant to eve Sec, 22514 Each 41.00 5215 Unattended vehicle, stop motor and set breaks Pursuant to eve Sec, 22515(a) Each 46,00 52]5 Parking in a space designated for disabled persons without a distinguishing plate or placard Pursuant to eve Sec, 22507,8(a) Each 322,00 5215 Obstruct, block, or otherwise bar access to a parking space designated for disabled persons Pursuant to eve Sec, 22507.8(b) Each 322,00 21 75A2-28 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION V 5215 5215 5215 52]5 5215 5215 5215 5215 5215 5931 5212 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE POLICE DEPARTMENT Park or leave standing any vehicle, including one displaying plates or placard, on boundary lines marking a parking space designated for disabled persons Pursuant to CVC Sec, 22507,8(c) Entering an Intersection. Rail-crossing or crosswalk Pursuant to CVC Sec, 22526 No Year or Month License Plate Tab Pursuant to CVC Sec, 5204 No Vehicle FrontlRear License Plate Pursuant to CVC Sec. 5200 Stopping/Parking in a Fire Lane Pursuant to CVC Sec, 22500, I Parking in Front of a Driveway Pursuant to CVC Sec, 22500 (e) Parking vehicle for sale - / sl violalion Pursuanllo SAMC Sec, 4/-/30/(a} Parking vehicle for sale - 2nd conviClion w/in year Pursuanllo SAMC Sec, 4/-/30/(a} Parking vehicle for sale - 3rd conviclion w/in year Pursuanl to SAMC Sec, 4/-/30/(a} Wild Animal Permit Fee (Nonrefundable) Pursuant to SAMC Sec, 5-8 Program admmistered by Police Department Commercial Vehicle Violation: Public Streets vehicle in excess of 6 ft. in height parked within 100 ft, of posted intersection (SAMC 36-145.5) First Violation Second Violation (within a ]2 mo, Period) Third Violation (within a ]2 mo, Period) 22 75A2-29 UNIT FY 05-06 FEES Each 322,00 Each 146,00 Each 76,00 Each 76,00 Each 103,00 Each 41.00 See Planning & Building section ofMisc, Fee Schedule See Planning & Building section ofMisc, Fee Schedule See Planning & Building section ofMisc, Fee Schedule Each ]29,00 Per Violation Per Violation Per Violation 55,00 84,00 106,00 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION VI PUBLIC WORKS AGENCY 5499 Transportation Pennits/Oversize/Overweight Annua] Pennit Each 90,00 Single Trip Pennit Each 16,00 Fax Processing Service (Optional) Per Fiscal Year 29.67 5499 Building Moving Penn its Penn it Fee Each 82,96 Building Under 1,000 sq, ft. Each 89,86 Building 1,000 sq, ft or over Each 110,61 Legal Weight/Size Load Not Required No Charge 5799 Banner and Decorations App]ication Fee Per Transaction 1]7,20 Removal Fee Per Street Per Pole 1]7,20 5929 Newsbox Penn its and Inspection Initial Pennit Fee Per Publication ]33.57 Inspection Fee Per Location 20.49 Renewal Pennit Fee Per Publication ]33,57 5571 Curb Painting $162.88 minimum Per Foot 8,98 5571 Street Name Sign Each 235,05 5571 Miscellaneous Street Signs Stop, Yield. Bus Stop, etc, Each 290.36 86-01-562] Tree Planting 24" box minimum tree Each 566,88 86-01-571 ] City Street Map (22 "X29") First Map Each 2,85 Additional Each 2,85 86-01-571 ] Water System Map (62"X78") Each 8,30 86-01-571\ Sewer System Map (62"X78") Each 8.30 ]01-01-5621 Geographical Infonnation System (GIS) Consultant(s) Time Actual Contract Cost Staff Time Actua] Staff Cost 86-01-5577 Accelerated Plan Check for Public Improvements Per Hour ]33,55 and Traffic Studies (Optional) 5577 Improvement Plan Check Per Hour Per Hour ]21.41 NOTE: Street, Storm Drain, Traffic. Grading, Sewer and Water Plan Check and Storm Drain, Sewer, Water and Related Studies, 5577 Surface Drainage Plan Check Per Hour ] 17,51 5577 Improvement Standard Plans/Specifications Stonn Drains Set 9,67 Street Improvements Set 12.45 Sanitary Sewers Set 9,67 Water Improvements Set 16,59 Revision within 1 year 5577 Plans/Specifications Fees (nonrefundable) Reproduction 10 Sheets 20,75 Each additional ].40 Mailing $12,08 minimum 23 75A2-30 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION VI PUBLIC WORKS AGENCY 5577 Tract Map - Final Hourly Rate Per Hour 121.41 Flat fee minimum at $1,214.13 Minimum 1,214,13 5577 Parcel Map - Final Hourly Rate Per Hour 121AI Flat fee minimum at $1,214,13 Minimum 1.21413 5577 Lot Line Adjustment Per Hour 121.41 Minimum 364,23 5577 Certificate of Compliance Per Hour 121.41 Minimum 364,23 86-01-5921 Single Family Residence Repair Fee for: driveways, sidewalks, curb coring Each 66,77 86-01-5921 Street Work Pennits/Inspection Fees Charged in addition to other fees Each 123,04 86-01-5921 Inspection Fees: Trench Excavation/Back Fill (unless included in other fees) In Dirt-$107,91 minimum Linear Foot 0,60 Minimum 107,91 In Paving-$107,91 minimum Linear Foot 0.85 Minimum 107,91 86-01-5921 Stonn Drains/Culverts, Sewer, Water Mains/Line Channels In Dirt-$107,91 minimum Linear Foot 3A5 Minimum 107,9] In Paving-$107,91 minimum Linear Foot 3.94 Minimum 107,91 86-01-5920 Sewer LateralslWater Services Each 240,10 86-01-5921 Traffic Occupancy or Lane Closure Requiring Signage All Streets Per Day 225,28 Minor Streets Deposit 712.25 Major Streets Deposit 948.31 86-01-5921 Manhole, Vaults, Catch Basins and required signage. striping or barricades Plus Earthwork Each 180,76 86-01-5921 Curb, Gutter or Combination including Earthwork $107,91 minimum Linear Foot 1.46 Minimum 107,91 86-01-5921 Curb Return, including Earthwork $107,91 minimum Each 58,01 Minimum ]07,91 86-01-5921 Sidewalk including Earthwork $107,91 minimum Sq,Foot 0,52 Minimum 107,91 86-01-592] Drive Approach including Earthwork $107,9] minimum Sq, Foot 0.67 Minimum 107,9] 86-01-5921 Paving, including Earthwork (0 - 2000 sq, ft,)-$107,91 minimum Sq, Foot 0,21 (Over 2000 sq, ft,)$107,91 minimum Sq, Foot 0,15 Minimum 107,91 24 75A2-31 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION VI 86-01-5921 86-01-5621 86-01-5921 86-01-5921 86-01-5621 5577 5577 68-01-5576 86-01-5921 86-01-5921 86-01-5977 86-01-5977 60-01-5618 DEPARTMENT/MISCELLANEOUS FEE OR SERVICE PUBLIC WORKS AGENCY Fencing Masonry, Concrete or Block $107,91 minimum Street Trees By Developer, Inspection Only - $76,64 min, Permanent Street Patch Guarantee Refundable if done in 30 calendar days Projects Exceeding $100,000 and/or Work items not included here UNIT Linear Foot Minimum Each Sq, Foot Percent of estimated constructi on costs Overtime Rate for Construction Inspectors Per Hour Construction Inspector overtime rate range, Actual overtime hourly - rate based on Inspectors salary step Certificate of Correction Covenants, Conditions, & Restrictions; Agreements and Miscellaneous Checking Sanitation Charge Bimonthly Single Family Duplex Triplex Fourplex or larger Business NOTE: Any portion of a buildmg which is designed 10 be separately rentable and IS separately identifiable by a le/ler or number designatIOn shall constitute a separate and distmct unit, except that any publicly- owned building shall be a single unit, Survey Monument Check Uninitiated Street Work Permit Abandonment Processing o - 600 square feet Over 600 square feet Encroachment Processing Meter Test in Field in Shop Note: Fee is refunded if the meter shows an error of more than 2% over the correct reading, 25 75A2-32 Minimum Per Hour Minimum Per Hour Per Unit Per Unit Per Unit Per Unit Per Unit Per Hour Maximum Per Permit Per Application Per Application Each Each Each FY 05-06 FEES 1.29 107,91 27,66 27,19 3.25% 47,93 - 51.59 364,23 121.41 364,23 121.41 14,91 14,91 ]4,91 ]4,91 14.91 333.89 1,00171 Double Street Work Permit Fee 65,15 1,469,17 353.94 6.25 6,25 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION VI 60-01 60-01-5618 60-01 60-01 5930 86-01-5621 86-01-5921 5926 221-5059 222-5059 223-5059 224-5059 225-5059 226-5059 55-01-5484 60-01-5581 56-01-5499 56-01-5499 86-01-5621 DEPARTMENT/MISCELLANEOUS FEE OR SERVICE PUBLIC WORKS AGENCY Replace Meter (Removed for Unpaid Bills) Program administered by Public Works Agency: fee also shown on page 6 . 5/8" · 3/4" I" 11/2" 2" · After business hours, the minimum charge for replacement is $107,81 NOTE: These charges are equal to the cost of installation of new meters (a meter is only removed in cases where normal collection proceduresfail), Cut-off Water Service in Street Removal of Straight Pipe (administered by PW A) Repair Curb Stop (administered by PW A) Outdoor Dining Fee Annual license fee based on size of dining area Citywide Bicycle Locker Program Application Processing Security Deposit Key Replacement Lock Replacement DamagelRepair Fee Directional Boring Fee 2nd Street Mall Use Fee Drainage Assessment Area Fee Area I Area 2 Area 3 Area 4 Area 5 Area 6 Sewer Connection Fee Metered Water Rates Base Rate Tail Block Rate Sanitary Sewer Service Charge Sewer Grease Cleaning Residential Parking Permit UNIT Each · Each · Each Each Each Each Each Each Application Fee Square Foot Per Fiscal Year One-time, Refundable Per Key Per Lock Each Per Linear Foot Per Event Per Acre Per Plum bing Fixture Unit Per 100 Cubic Feet Per 100 Cubic Feet Per 100 Cubic Feet of Water Or Per Month Per SFH Per Year Single Family Home - each permit every two years maximum 3 permits Multi-family Home (up to four plex) - each permit every two years maximum I permit 26 75A2-33 FY 05-06 FEES 49,95 64,66 106,54 249,94 334,06 279.30 72,34 106,54 374.45 0,62 6,25 62.41 ]8,73 99,85 37.44 0.47 31.2] 5,192.33 6,259,5 ] 3,370,02 4,973,9] 5,666,63 5.573,02 74,21 1.76 2,119 0,16 3,21 1,680,00 30,00 30,00 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION VII 5221 5221 5221 5221 5221 5221 5596-02 5596-02 5799-0 I 5799-0 I 5799-03 5799-03 5799-03 5799-03 5799-03 5799-03 5799-03 5799-03 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE LIBRARY Compact Discs - OverduelLoss of Use Fee Audio Cassettes - OverduelLoss of Use Fee Video Cassettes - OverduelLoss of Use Fee Regular Books - OverduelLoss of Use Fee (Includes adult books and children books) Comic BookslMagazines - OverduelLoss of Use Fee Maximum: Paperbacks - OverduelLoss of Use Fee Adult Young Adult Child Compact DiscslRental Video CassetteslRental Entertainment Instructional & Non-Fiction (overdue fines apply starting on 8th day) Lost/Damaged Catalogued Materials Process fee plus Replacement Cost Lost/Damaged Uncatalogued Materials Process fee plus Replacement Cost Damaged Bar Code label Other Damaged Materials Plastic Bag (Multimedia) Fabric Bag (Multimedia) CD Pamphlet Video cases (Includes Bar Code Replacements) Cassette Cases CD Cases (Includes Bar Code Replacements) Other Material Recovery Surcharge Data Base Access Reserve Postal Card ReservelMail Books Homebound SA Residents Other Santa Ana Addresses Non-Santa Ana Addresses Newspaper Search Fee Typewriter Rental 27 75A2-34 UNIT FY 05-06 FEES Per Day 0.20 Maximum 10.00 Per Day 0.20 Maximum 10.00 Per Day 1.00 Maximum Actual Cost Per Day 0.20 Maximum 10.00 Per Day 0.20 Child 3.00 Adult 5.00 Per Day 0.20 Maximum 6.00 Per Day 0.20 Maximum 4.00 Per Day 0.20 Maximum 3.00 Per One Week No Charge Per One Week 1.00 Per 2 Weeks No Charge Each 8.00+ Actual Cost Each 5.50+ Actual Cost Per Incident 2.00 Per Incident 1.00 Per Incident 2.00 Per Incident 1.00 Per Incident 3.00 Per Incident 1.00 Per Incident 2.00 Per Incident Actual Cost Per Account 15.00 No Charge Per Item 1.00 Free 1.00 1.50 Per Search 15.00 Per Hour 1.00 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION VII 5799-03 5594 5225 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE LIBRARY Computer Rental Nonresident Library Card Fee Nonresident Library Card for Employees of Santa Ana Businesses Passport Execution Fee Digital Services Photograph Request - Non-Commercial Use E-mail Request Special Format Image Scan History Room Image Scan Non-History Room Image Colored laser printing Compact Disc Fee Scan HR Images not available on Web-mailed to requestor Scan non-HR Images not available on Web-mailed to requestor Colored laser printing - mailed to requestor Digital Services Photograph Request - Commercial Use Commercial Use Image Commercial Use Image - Mailed to Requestor Additional fee for Commercial Use Image - Color Laser Printing Interlibrary Loan Fee 28 75A2-35 UNIT FY 05-06 FEES Per Hour 5.00 Per Card 45.00 Per Card/Year 30.00 Per Application 30.00 Per Image 1.00 Per Image 2.00 Per Image 5.00 Per Image 10.00 Per Image 2.00 Per Image 2.00 Per Image 10.00 Per Image 15.00 Per Image 4.00 Per Image 25.00 Per Image 40.00 Per Image 5.00 Per Request 4.00 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION VIII PARKS, RECREATION & COMMUNITY SERVICES DEFINITION OF RESIDENT For Group activities, those groups for which at least 5 J % of participants either live or work in the CIty of Santa Ana, the resident rate shall be applied. 5555 Classes, Leisure, and Instructional Variable From time to time, privately taught leisure and instructional classes will be offered by various agency divisions. The announcement of same will be made by printed fliers or in the quarterly program booklet mailed to each residence in the City. Programs so offered will be conducted in a 4-10 week format. Charges for each class will be established by the Executive Director of Parks, Recreation & Community Services. The City of Santa Ana will receive 30% of the total fees collected from each of these leisure or instructional classes. 5583 Day Camp 5 days + T-shirt Resident Each 56.35 Non-Resident Each 84.52 Additional T Shirt Each 5.63 5583 Park FacilitieslReservationl Audio Permits Resident Each 33.81 Non-Resident Each 45.08 5533 Park F acilities/ReservationlSupervision(Mandatory) ResidentINon-Resident Per Hour 16.90 5583 Day Camping (6 hrs min.) Groups to 50 Resident Per Day 16.90 Non-Resident Per Day 22.54 5583 Day Camping (6 hrs min.) Groups to 51-100 Resident Per Day 22.54 Non-Resident Per Day 33.81 5583 Day Camping (6 hrs min.) Groups Over 100 Resident Per Day 33.81 Non-Resident Per Day 50.71 5583 Picnic Areas (4 hr. min) Groups to 50 Resident Per Hour 6.76 Non-Resident Per Hour 13.52 5583 Picnic Areas (4 hr. min) Groups to 51-100 Resident Per Hour 10.14 Non-Resident Per Hour 15.78 5583 Picnic Areas (4 hr. min) Groups to 100-200 Resident Per Hour 14.65 Non-Resident Per Hour 22.54 5583 PiCniC Areas (4 hr. min) Groups Over 200 Resident Per Hour 19.16 Non-Resident Per Hour 33.81 5583 All-purpose Courts /Day Resident Per Hour 2.25 Non-Resident Per Hour 3.38 5583 All-purpose Courts !Night Resident Per Hour 3.38 Non-Resident Per Hour 5.63 5583 Soccer Fields/Day Resident Per Hour 13.52 Non-Resident Per Hour 20.28 29 75A2-36 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION VID PARKS, RECREATION & COMMUNITY SERVICES 5583 Soccer Fields!Night Resident Per Hour 20.28 Non-Resident Per Hour 28.17 77-01-5799 Daniel Young Soccer Complex Reservation Fee No admission charged without lights Per Hour 39.44 No admission charged with lights Per Hour 56.35 Admission charged without lights Per Hour 56.35 Admission charged with lights Per Hour 73.25 5583 SoftballIBaseball Fields-Day Resident Per Hour 9.02 Non-Resident Per Hour 14.65 5583 SoftballIBaseball Fields-Night Resident Per Hour 15.78 N on-Resident Per Hour 22.54 5583 Softball Associations with supplies (over 200 hrs)/Day Resident Per Hour 3.38 Non-Resident Per Hour 6.76 5583 Softball Associations with supplies (over 200 hrs)!Night Resident Per Hour 7.89 Non-Resident Per Hour 11.83 5583 Baseball Associations with supplies (Over 200 hrs)/Day Resident Per Hour 3.38 Non-Resident Per Hour 7.89 5583 Baseball Associations with supplies (Over 200 hrs)!Night Resident Per Hour 11.27 Non-Resident Per Hour 19.72 Youth Field Usage Fees-No Lights 5583 Resident Per Hour 1.50 5583 Non-Resident Per Hour 4.50 Youth Field Usage Fees-With Lights 5583 Resident Per Hour 5.00 5583 Non-Resident Per Hour 8.00 Dan Young Soccer Complex Synthetic Turf Field Youth Play - no lights 135-149-6911-80422 Resident Per Hour 4.50 135-149-6911-80422 Non-Resident Per Hour 13.25 Youth Play - with lights 135-149-6911-80422 Resident Per Hour 14.50 135-149-6911-80422 Non-Resident Per Hour 23.50 5583 Fields Reserved-Not Used or Cancelled/Day Per Hour 5.63 5583 Fields Reserved-Not Used or CancelledlNight Per Hour 11.27 5583 Fields Reserved for Profit Making Tournaments Plus 10% of Gross Fees Per Hour 16.90 30 75A2-37 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION VIII PARKS, RECREATION & COMMUNITY SERVICES 5583 Show mobile, Portable Stage,Mobile Bleacher Standard Commercial Rentals Per Day 281.73 Schools, Non-profit, Government Per Day 146.50 Supervision Cost(Mandatory) Per Hour 28.17 Professional Commercial Rentals Per Day 325.07 Schools, Non-profit, Government Per Day 162.53 Supervision Cost (Mandatory) 2 staff 4 hr. min. Per Hour 75.85 Mobile Bleacher · 4 Hour Minimum Per Hour. 28.17 Mobile Bleacher Additional Hour Per Hour 22.54 5558 Sports, Adult Softball/Fast Pitch Per Team 514.69 Softball/Slow Pitch Per Team 379.25 Forfeit Fee, Refundable Per Team 54. I 8 Basketball Per Team 406.34 5558 Sports, Adult - Soccer Open Division Per Game 2709 Semi-pro Per Game 32.51 Affiliation with the California Soccer Association Per Team 379.25 5564 Sports, Youth: Registrations for Baseball, T -Ball, Basketball, Flag football, Kickball, Softball, Soccer, and Volleyball. Reg. per person/sport (includes T-shirt) Each 12.50 Shirt-Extra Each 8.42 Cap-Extra Each 8.42 Shirt & Cap-Extra Set 15.78 5831 Santa Ana Stadium/Filming Fee One to Two Days Per Day 1,859.39 Three or more consecutive days Per Day 1,634.01 5831 Santa Ana Stadium - Television Rights Per Event 562 to 2,818 STADIUM RENTAL 583 I Santa Ana Unified School District + Security Flat Fee Per Day 1,183.25 5831 Rancho Santiago Community + Security Flat Fee Per Day 1,183.25 5831 All other local High Schools + Security Flat Fee Per Day 1,183.25 5831 Playoff Games + Security Colleges, Universities, League or Conference Playoff Games for NCAA, ETC. Flat Fee plus security Per Day 1,464.97 5831 Rate for all other Services, Labor, Material, Lost or Damaged Equipment City's Cost 583 I Commercial Events,Per Day or Portion thereof Plus 10% of Gross Admin. Receipts Per Day 1,972.08 5831 Commercial Events/Admin. West Grandstand Choice-Flat Fee or 10% receipts Per Day 5,747.20 5831 Commercial Events/Admin. 7500 and over Both Grandstands Choice-Flat Fee or 10% receipts Per Day 9,578.67 5831 Commercial Events/Extra Day Move-in, if available: Flat Fee Per Day 901.52 5831 Events/Solicit Donations No admission charge Per Day 3,211.67 31 75A2-38 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION VID PARKS, RECREATION & COMMUNITY SERVICES 5831 Rate for all Services, Labor, Materials, Lost or Damaged Equipment City's Cost 5533 Park Ranger/Security Per Hour 44.43 5831 Youth Sporting Events-Stadium Per Event 433.42 5831 Adult Sport Leagues-Stadium Per Event 1,183.25 POOL CHARGES 5592 General Admin. Adult-Pools Fee 2.00 5592 General Admin. Child-Pools Fee 1.00 5592 Swim Lessons -2 week session Child Per Child 26.30 Adult Per Adult 31.56 5592 Swim Lessons:Non-Profits for Red Cross Certification Minimum 10 children with I adult Per Child I 1.57 5592 Pools Rental, to 75 people, includes 2 Lifeguards - Day Rates Resident Per Hour 75.85 Non-Resident Per Hour 92.10 5592 Pools Rental, to 75 people, mcludes 2 Lifeguards - Night Rates Resident Per Hour 86.68 Non-Resident Per Hour 102.94 5592 Pools Rental, 75+ people, includes 3 Lifeguards - Day Rates Resident Per Hour 113.77 Non-Resident Per Hour 130.03 5592 Pools Rental, 75+ people, includes 3 Lifeguards - Night Rates Resident Per Hour 119.19 Non-Resident Per Hour 135.45 5592 Lifeguard per additional 75 people Per Hour 16.25 Note: Pool rental charges are for nonprofit, private and swim teams. 5561 Tennis-First & Flower/weekdays 9am-4pm Per Hour 2.00 4pm-dusk Per Hour 2.00 with lights Per Hour 4.00 5561 T ennis-Cabrillo/weekdays 8am to 12 noon Per Hour 4.00 12to 4pm Per Hour 2.00 4pm to dusk Per Hour 4.00 with lights Per Hour 6.00 5561 T ennis-Cabrillo/weekends,holidays 7am-3pm Per Hour 4.00 3pm to dusk Per Hour 2.00 with lights Per Hour 6.00 5561 T ennis-Cabrillo/weekends,hol idays- Tickets 3-$1 tickets Per Hour 3.00 I 7-$2 tickets Per Hour 32.00 Complete Package Per Hour 35.00 32 75A2-39 RESOLUTION 2005-052 REVENUE ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE 5561 SECTION VIII PARKS, RECREATION & COMMUNITY SERVICES 5585 5587 5583 5583 5583 5583 5924 5553 5553 5553 5553 Tennis:Non-profit reservations per hour Resident Non-Resident Zoo Admissions Adult Child/Senior Handicapped Children Friends of Zoo Groups: Adult (wi schools, scouts, etc.) Child/Senior Handicapped Zoo Education Programs: Rates to be established and advertised by the Executive Director of Recreation & Community Services Agency, /hroughjliers or other media, Sports Fields- Roller Hockey:Day Resident Non-Resident Sports Fields- Roller Hockey:Night Resident Non-Resident Public Space Special Event Fee-Commercial Dunk Tank Rental Set-uprrake down Filming Permit Fee Program administered by Parks, Recreation & Community Services After School Adventure Program Vaeatien Recreation Program Resident-per week Non-Resident Fee Family PRIDE Fees Excursion Bus Fees Family Annual Membership Fee Campout Halloween Dance Christmas Dinner Parent Dinner Dance Teen Club Annual Membership Teen Dance Excursion Bus Fee 33 75A2-40 UNIT FY 05-06 FEES Per Hour 1.00 Per Hour 2.00 Each 6.00 Each 3.00 Each Free Each Free Each 4.00 Each 2.00 Each Free Each Each Each Each Per Day Per Day Per Reservation Per Day Per Child Additional Child Per Child Per Registration Per Child Per Adult Per Family Per Family Per Child Per Adult Per Child Per Adult Per Person Per Couple Per Member Per Person Per Child Per Adult 3.38 5.63 5.63 9.02 1,352.28 56.35 54.18 325.07 16.25 8.13 37.92 10.84 2.00 3.00 50.00 25.00 1.00 3.00 5.00 7.00 15.00 25.00 15.00 3.00 3.00 5.00 RESOLUTION 2005-052 REVENUE ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE SECTION VIll PARKS, RECREATION & COMMUNITY SERVICES 51-01-5799-05 Adult Soccer Reservation Surcharge 998-01-5999- JO: Park Facilities Deposit The appropriate deposlI for each facility will be determined hy the Executive Director of Parks, Recreation and Community Services 5583 Other Recreation and Aquatic Programs Rates to be established and advertised by the Executive Director of Parks, Recreation and Community Services Agency through fliers or other media. 301-01-5070 Park Acquisition and Development Fees 5 bedrooms 4 bedrooms 3 bedrooms 2 bedrooms I or less 34 75A2-41 UNIT Per Game FY 05-06 FEES Per Reservation 100.00 to 300.00 23.84 Each Each Each Each Each 5,073.80 4,560.42 4,118.58 3,069.74 2,303 88 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION IX 5926 401-01-5621 27-01-5621 407-0]-5621 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE COMMUNITY DEVELOPMENT AGENCY Density Bonus Setup Fee 2nd Street Mall Use Fee Administered by the Public Works Agency Downtown Event Litter Control Deposit Downtown Event Sidewalk Cleaning Fee Downtown Event Street Closure Fee 35 75A2-42 UNIT Per Event Per Event, Up to 3 Blocks Per Event, Per Block Per Event, Per Block FY 05-06 FEES 1/8ofl% Gross Valuation of Construction Charge 27.70 300.00 100.00 50.00 RESOLUTION 2005-052 REVENUE ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE SECTION X PLANNING & BUILDING AGENCY 571 I Accelerated Records Research Fee 5451 Adult Entertaimnent Land Use Permit 571 I Aerial Photos Individual Sheets Complete Set 545 I C-3 Parking Waiver 5451 Certificate of Compliance 5451 Amendmant Application (A.A.) Change of Zone or District 5450 Change of Site Address Request 5451 Conditional Use Permit Application Fee Appeal Fee Condition Modification 5451 Conditional Use Permit With a PC&N Determination (ABC License) 5451 Conditional Use Permit Planned Residential Development Application Fee Appeal Fee 545 I Conditional Use Permit (CUP) - Coffee House Entertaimnent CUP 5451 Development Agreement/Review Deposit: (Nonrefundable deposit required initially) Plus Reimburse City for Actual Cost 5451 General Plan Amendment Flat Filing Fee 571 I General Plan Elements (Text) 571 I General Plan (Complete Text) 571 I General Plan Workbooks 5450 Land Use Certificate Category I Bazaars, Fiestas, Rummage Sales Category 2 Sidewalk Sales, Parking Lot Sale, Outdoor Actions, Mobile Medical and Veterinary units, Outdoor Booths Category 3 Carnival, Circus, Outdoor Music, Concert, Arcade, ABC Licenses Flat Fee Category 4 AntennaslDishes Flat Fee Plus if over 35 feet, additional fee 5450 Category 5 Exterior Telephones (Pay Phones) First Pay Phone Per Additional Pay phone 36 75A2-43 UNIT FY 05-06 FEES Per Hour 64.00 Fee 785.00 See Public Works Section of Misc. Fee Schedule See Public Works Section of Misc. Fee Schedule Per Waiver 260.00 Certificate 800.00 Fee 2,150.00 Fee 145.00 Fee 2, I 55.00 Fee 1,615.00 Fee 1,070.00 Fee 2, 155.00 Fee 2,690.00 Fee 2,015.00 Fee 175.00 Deposit 3,430.00 Flat Fee 2,690.00 Per Set Actual Cost Per Set Actual Cost Per Set Actual Cost Per Certificate 145.00 Per Certificate 145.00 Per Certificate 665.00 Per Certificate 300.00 Per Certificate 65.00 Fee 175.00 Each 28.00 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION X PLANNING & BUILDING AGENCY 5450 Category 6 Small Collection (Recycling) Facilities Fee 300.00 5450 Land Use Certificate Appeal Fee Appeal fee shall be assessed at 50% of the application fee. 5711 Land Use Map Per Map Actual Cost 5453 Landscape Plan Review Residential Projects Fee 118.00 Non-Residential Projects Fee 300.00 Per Inspection after the 2nd Inspection Fee 57.00 5451 Lot Line Adjustment Filing Fee Fee 1,005.00 Appeal Fee Fee 590.00 5451 Minor Exception Filing Fee Fee 800.00 Appeal Fee Fee 590.00 5451 Minor Exception--Fences Fee 385.00 5450 Home Occupation Permit Fee 160.00 Appeal Fee 590.00 5450 New Single Family Residence Review Fee 380.00 5450 Off-Premise Advertising Permit Application Fee Fee 800.00 Appeal Fee Fee 590.00 5451 Appeal of Planning Managers/Zoning Administrators Each 400.00 Decision 5451 Parcel Map Extension Fee 200.00 Tentative Flat Filing Fee Fee 1,010.00 Plus per Lot Fee Fee 21.00 Appeal Fee Fee 760.00 5451 Residential Relocation Filing Fee Fee 800.00 Appeal Fee Fee 500.00 5450 Second Dwelling Unit Review Fee 380.00 5711 Sectional Districts Maps Individual Sheets Per Map Actual Cost Complete Set Per Set Actual Cost 5450 Sign Permit Review Fee 215.00 5450 Planned Sign Program Review Fee 260.00 Appeal Fee 400.00 5450 Sign Program Amendment Fee 129.00 5450 Sign ReviewIPermit Appeal Fee 400.00 37 75A2-44 RESOLUTION 2005-052 REVENUE ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE SECTION X PLANNING & BUILDING AGENCY 5451 Specific Development Zone Fee (No Additional Dwelling Unit Fee) 5450 Temporary Sign Permit 5450 Temporary Trailer Permit 5450 Appeal Fee 5711 Subdivision Ordinance 5409 Site Plan Review $20,000 to $49,900 valuation $50,000 to $100,000 valuation Greater than $100,000 valuation 5451 Tract Map Tentative Filing Fee Plus Each Lot Plus Each Dwelling Unit Appeal Fee Extension Fee 5451 Underground Utilities Waiver Flat Filing Fee Appeal Fee 571 I Zoning Ordinance Booklets 5451 Variance Filing Fee Appeal Fee Condition Modification 5410 DP Fee (Project Coordination Charge) 5452 Environmental Impact Report 5452 Negative Declaration with studies and mitigation (Requiring Traffic Study) 38 75A2-45 UNIT FY 05-06 FEES Fee 2,690.00 57.00 Fee 145.00 Fee 69.00 Each City's Cost Each 490.00 Each 745.00 Each 1,385.00 Fee 2,355.00 Fee 28.00 Fee 64.00 Fee 1,780.00 Fee 200.00 Fee 145.00 Fee 69.00 Per Booklet 34.00 Fee 2,155.00 Fee 1,615.00 Fee 1,070.00 Bldg. Valuation Fee Minimum nonrefundable deposit of $1 1,700 or 10% of consultant fees whichever is greater, plus reimbursement to to the City for any other additional costs accrued, Fee Minimum nonrefundable deposit of $5,800 or 10% of consultant fees whichever is greater, plus reimbursement to to the City for any other additional costs accrued. RESOLUTION 2005-052 REVENUE ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE 5452 SECTION X PLANNING & BUILDING AGENCY 5452 5452 5222 591 I 591 I 5579 571 I 5597-509 5597-509 5451 5410 5411 5451 571 I 5212 5215 Negative Declaration with studies and mitigation (No Traffic Study) Negative Declaration without studies Categorical Exemption I Environmental Determination Vendor Merchandise Release Fee Street/pushcart vendors Re-Inspection Fees First assessment Second assessment Third assessment Extension Fee (Notice of Violation) Dangerous and Abandoned Buildmg Fee Nonconforming Status Letter Code Enforcement and Hearing Examiner Fee Monitoring Fee Public Convenience & Necessity Determination Accelerated Development Project Review Mitigation Monitoring Fee due upon submission of site plan review Fee due upon submission for Plan Check Historic Property Preservation Agreement (Mills Act Application) Sale of Miscellaneous Items (e.g., Informational Literature) Commercial Vehicle Violation: Private Property First Violation Second Violation Third Violation Commercial Vehicle Violation: Public Streets First Violation Second Violation Third Violation Program administered by Police Department 39 75A2-46 UNIT Fee Each Each Incident Each Each Each Each Fee Each Per Hour Per Hour Minimwn Per Application Each Per Project Per Project Each FY 05-06 FEES Minimum nonrefundable deposit of $2,920 or 10% of consultant fees whichever is greater, plus reimbursement to the City for any other additional costs accrued. 660.00 200.00 129.00 64.00 94.00 129.00 190.00 40% of board up fee or $200, whichever is greater. 64.00 94.00 108.00 108.00 800.00 City Cost 370.00 775.00 175.00 City Cost 57.00 87.00 113.00 55.00 84.00 107.00 RESOLUTION 2005-052 REVENUE ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE SECTION X PLANNING & BUILDING AGENCY 5212 Yard Parking Violation First Violation Second Violation Third Violation Pursuant to SAMC Sec 41-6071(e) 5212 Displaying Vehicle For Sale First Violation Second Violation Third Violation Pursuant to SAMC Sec 41-1301(a) 40 75A2-47 UNIT FY 05-06 FEES 57.00 87.00 113.00 59.00 87.00 113.00 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION X 5911 5912 5913 5914 5915 5918 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE PLANNING & BUILDING AGENCY GENERAL PROVISIONS Unless otherwise provided, payment of fees and charges as established herein shall be made to the Executive Director of the Planning and Building Agency or hislher authorized representative at the time of initial application or request for the permit or service for which a fee is charged or imposed. No permit shall be issued to any person, firm or cOf1JOration unless all fees therefore have been paid in full. Exception: Waiver of Fee No permit or plan check fees required by this resolution will be charged for public improvement projects performed by construction contractors and subcontractors pursuant to contract with the City of Santa Ana or the Community Redevelopment Agency of the City of Santa Ana nor for any work performed by employees of the City in the course of their employment. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. REFUNDS Upon written request from the permittee, refunds of permit fees may be made to the permittee in an amount equal to 80% of the permit fee, exclusive of the plan check and issuance fee; except that no permit fees shall be refunded under any of the following circumstances: (I) 180 days has elapsed from the date of the issuance of the permit (2) inspections have been performed by the Building Safety Division If a permit has been issued for a project located in an area outside of the jurisdiction of the City, 100% of the permit and plan check fee may be refunded. If a permit has been erroneously issued, 100% of the permit and plan check fee may be refunded. If a plan check fee has been paid and the plan is withdrawn by the applicant prior to the plan check, refunds of plan check fees may be made to the permittee in an amount equal to 100% of the plan check fee in excess of$32.50 paid. no other case may any plan check fees be refunded. SPECIAL INVESTIGATION FEE A special investigation fee shall be charged by the Building Official for any investigation of a building structural work, reports, certification, or any other related work requested by an owner or his authorized agent. Said fee shall be assessed in an amount sufficient to reimburse the City for the costs actually incurred by the City based upon a rate of$67.50 per hour but in no case shall be less than $67.50 41 75A2-48 UNIT FY 05-06 FEES 32.50 67.50 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION X PLANNING & BUILDING AGENCY 5911 VIOLA TIONIINVESTIGA TJON FEES 67.50 5912 5913 When any work for which a permit is required has been 5914 commenced without the authorization of such permit, an 5915 investigation may be required before a permit will be issued 59]8 for such work. An investigation fee shall be assessed in an amount sufficient to reimburse the City for costs actually incurred by the City based on a rate of $67 .50 per hour but in no case less than $67.50 shall be collected. 5911 PENAL TV FEES 168.50 59]2 5913 In addition to the investigation fee and regular permit fee, a 5914 penalty in an amount equal to the amount of the total permit 5915 fee shall be required, but in no case less than $168.50. 5918 591 I EXPEDITED COPY REQUEST Per Hour 46.00 Whenever a request is received for expedited documentation of a wrinen report, or for records or plans. 11-417 APPROVAL FOR BUSINESS Each 67.00 CERTIFICATE OF OCCUPANCY Whenever a Business License Tax application requires approval of a Business Certificate of Occupancy each application shall be accompanied by the payment of a nonrefundable application processing fee of fee of $26. 00 and an inspection fee 0[$41 which shall be refunded if an inspection proves to be unnecessary. 5911 DEMOLITION PERMIT 67.50 The fee for a permit to demolish a building or structure shall be based upon the contract price but in no case less than the minimum building permit fee of$67.50. 098-01-3611 When a building is demolished, the owner shall provide the City with a cash or surety bond as described in Section 8-] 768 through 8-1771 of the Santa Ana Municipal Code. For the purpose oflot cleanup and capping of the sewer lateral, the value of the bond is to be established by the Building Official but in no case shall the bond be less than $1,000.00 per building. A single family dwelling and garage shall be considered as one building for bonding purposes. Note: A demolition permit fee is separate from and additional to the fee for any other permit which may be required by code provisions other than those specifically regulating demolition 5911 FLOODPLAIN CONSTRUCTION Each 202.50 STANDARDS VARIANCES The fee for an application for a variance from the floodplain construction standards of the City. 42 75A2-49 RESOLUTION 2005-052 REVENUE ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FY 05-06 FEES SECTION X 5911 PLANNING & BUILDING AGENCY APPEALS Each 940.50 The fee for an appeal ofa ruling of the Building Official to the Planning Commission (SAMC Section 806.254) shall be payable at the time of filing of the appeal. 5911 RELOCATION INSPECTIONS The fee for an inspection on a building or structure, as required for its proposed relocation. Main building or structure Each 337.50 Accessory structure Each 67.50 Inspection for structures located outside of the City Per Mile 0.67 Travel time Per Hour 67.50 5401 APPLICATION PROCESSING AND PLAN CHECKING FEES An application processing fee and plan checking fee shall be paid to the Building Official at the time of submitting plans for checking. Such fee shall be equal to 65% of the building permit fee as set forth in this resolution. For all buildings, such fee shall also include a surcharge for state mandated energy conservation enforcement equal to $22.00 for each 1,000 square feet of building area, or fraction thereof, up to 4,000 square feet, and $11.00 for each additional 1,000 square feet or fraction thereof. For any plan submitted which is subject to the disabled accessibility requirements of Title 24, California Code of Regulations, a surcharge of 10% of the basic plan check fee shall be required. 5911 OSHPD CERTIFICATION FEE 5401 Whenever plans are submitted for the construction of specialized medical clinics which require by law certification of compliance with requirements set forth by the Office of Statewide Health Planning and Development (OSHPD-3 certification), a building permit fee will be paid to the Building Official equivalent to 1% of the construction valuation. An additional plan check fee equivalent to .65% of the construction valuation will be paid to the Building Official at the time plans are submitted for plan check. This fee does not preclude other applicable fees which are normally assessed by the City. 5911 MICROFILM RECORDS Each Sheet 2.70 Whenever plans are submitted which are required by any Jaw or City procedure to be maintained as a permanent record, the following fees are to be charged for the purpose of creating and maintaining permanent files. 5401 RESEARCH AND PROCESSING FEES 5402 5403 Whenever the Building Official is requested to approve Each 202.50 5405 alternate materials or methods of construction in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. Whenever the Building Official is requested to approve a Each 202.50 modification of code in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. 43 75A2-50 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION X PLANNING & BUILDING AGENCY 5401 STRUCTURAL ENGINEERING PLANCHECK Fees for structural engineering plancheck services for structures requiring a dynamic structural analysis in accordance with Chapter 16 of the Building Code, or in accordance with State AB 3249, shall be charged to the applicant. Said charge shall be the actual costs incurred by the City for such service and shall be paid in addition to other applicable fees listed herein. SPECIAL INSPECTOR REGISTRATION FEE Each 67.50 Inspection The fee for registration of special inspectors in accordance Specialty with Section 8-100 of the Santa Ana Municipal Code. 540] BUILDING PLAN CHECK FEE FOR IDENTICAL, RESIDENTIAL R-3, WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 5402 ELECTRICAL, PLUMBING AND MECHANICAL PLAN 5403 CHECK FEE FOR IDENTICAL, RESIDENTIAL R-3, 5405 WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 591 ] CHANGE INCORRECT ADDRESS Each 46.00 Project 5911 CHANGE OWNER OR CONTRACTOR Each 46.00 Project 098-01-3611 NOTICE OF VIOLATION AND NOTICE AND ORDER BONDS Prior to issuance of permits to correct work required by a Notice of Violation or Notice and Order, the Building Official may require a cash or surety bond as described in Sections 8-1769,8-1770 and 8-1771 Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $200.00 for each Notice of Violation or Notice and Order. 011-01-5621-0508 ACCELERATED PLAN CHECK FEE Per Hour 99.00 FIELD PLAN CHECK FEE Minimum Fee 67.50 Per Hour 540] PRELIMINARY REVIEW OF BUILDING Minimum Fee 67.50 STANDARDS COMPLIANCE Per Hour 098-0]-3611 SIGNS When a permit is required for an illuminated or non-illuminated sign, the owner shall provide the City a cash or surety bond as described in Section 8-1768 through 8-177] of the Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $200.00 per address. 5911 TEMPORARY CERTIFICATE OF OCCUPANCY Each Project 369.00 44 75A2-51 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION X 59]) 5911 59]) 59]) DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT PLANNING & BUILDING AGENCY SPECIFIC CODE FEES AND CHARGES BUILDING CODE Any person desiring a permit required by the Building Code shall, at the time of filing an application fee of$4.00 towards the State Mandated Training Program and pay a fee equal to $28.50 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. Each Permit The determination of total valuation shall be made by the Building Official. The value to be used shall be the total value of all construction work for which the permit is issued using the building valuation data based upon in the most recent edition of Building Standards published by the International Conference of Building Official. The value of work performed as a remodel and other valuations not published by the International Conference of Building Officials shall be determined by the Building Official. PARKING LOT RESURFACING AND/OR REPAINTING Existing parking lot resurfacing and/or repainting, fee shall be based on the value of the work performed. UNDERGROUND TANK REMOVAL Underground tank removal and backfill fee shall be based upon valuation. EXCA V A TION FOR SOIL CONT AMINA TION Excavation and backfill related to soil contamination fee shall be based upon valuation. BUILDING PERMIT FEE SCHEDULE (FEES BASED UPON VALUATION OF WORK) TOTAL VALUATION FEE $1.00 TO $500.00 $21.00 $501.00 TO $2000.00 $21.00 for the first $500.00 plus $3.25 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 TO $25,000.00 $69.75 for the first $2,000.00 plus $10.50 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 TO $50,000.00 $311.25 for the first $25,000.00 plus $7.55 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 TO $100,000.00 $500.00 for the first $50,000.00 plus $5.40 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 45 75A2-52 FY 05-06 FEES 32.50 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION X 5911 5911 5911 5401 5913 5913 5913 5913 5913 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE PLANNING & BUILDING AGENCY $100,001.00 TO $500,000.00 UNIT $770.00 for the first $100,000.00 plus $4.10 for each additional $1,000.00 or fraction thereof, to and including $500,00000 $500,001.00 TO $1,000,000.00 $2,410.00 for the first $500,000.00 plus $3.60 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $],000.001.00 AND UP $4,210.00 for the first $1,000,000.00 plus $2.20 for each additional $1,000.00 or fraction thereof I) Inspections outside of normal business hour (4 hour minimum charge for Holidays, Saturday or Sunday Inspections) 2) Re-inspection fee assessed under applicable provisions of the Building Code 3) Inspections for which no fee is specifically indicated (minimum charge - one (1) hour) 4) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge - one (I) hr.) ELECTRICAL CODE Any person desiring a permit required by the Electrical Code shall, at the time of filing an application, pay a fee of$4.00 towards the State Mandated Training Program and pay a fee equal to $28.50 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $52.50. Note: An Electrical Code permit fee is separate from and additional to the fee for any other permit which may be required by code provisions other than the Electrical Code. FEE SCHEDULE I) For new construction and relocation on residential single family and duplexes: Six cents ($.06) per square foot per floor plus $27.00per service meter shall only include receptacle, switch and lighting outlets. All other fees shall apply. Six cents ($.06) per square foot for detached or attached garages or carports shall only include receptacle, switch and lighting outlets. All other fees shall apply. 2) Receptacles, outlets, light fixtures and general use switches, each 3) Each air conditioner 4) Each self-contained factory wired approved unit, such as home appliances, heaters, vegetable cases, drinking fountain, heating appliances, multiple outlet assemblies, etc. 46 75A2-53 Per Hour Per Hour Per Hour Per Hour Each Permit Per SF Each Each Each FY 05-06 FEES 67.50 67.50 67.50 67.50 32.50 27.00 0.84 36.00 8.90 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION X PLANNING & BUILDING AGENCY 5913 5) Busways, special raceways, under floor ducts, trolley or plug-in busways each one hundred (100) feet or fraction Each 100' 8.90 thereof 5913 6) Fire alarm communications, data control systems, smoke detectors and low voltage system: Commercial (charge by number of devices): o - 10 total devices Each 18.90 10 or more total devices 1.60 Each control panel, standby power supply panel, annunciator panel or similar main piece of control equipment for one of the above systems. Each 8.90 Residential (charge by number of dwelling units): Residential unit (I) 19.40 Each add'l residential unit in a multiple-dwelling occupancy Each 11.75 Each add'l residential unit over 20 in a hotel, motel, boarding house or lodge Each 7.25 5913 7) Dedicated circuit Each 8.90 5913 8) Service Meters, Reset Meters, Subpanel, Switchboard, Motor Control Center, or similar equipment changes or additions. 599 volts or less, under 400 amps. Each Meter 27.00 599 volts or less, 400 amps and less than 1200 amps. Each Meter 67.50 598 volts or less, 1200 amps and over. Each Meter 135.00 5913 9) Signs and high-potential gas tube lighting, each Each 27.00 Note: This shall include all necessary control equipment 5913 10) Swimming pool, fountain, spas, each Each 59.25 5913 11) Above ground spas Each 19.25 5913 12) Temporary power- construction: For services supplying a temporary power pole, pedestal or piggyback Each 46.50 For a system of distribution and utilization of poles for temporary construction power, each pole Each Pole 8.90 5913 13) Temporary construction lighting: 500 lamps or less 4.05 Over 500 lamps 7.00 5913 14) Temporary services: At the time of application for temporary power, the owner shall post a $1,000.00 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8- J 768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. Temporary electric service prior to final approval or occupancy, each meter Each Meter 168.50 Temporary work with service, each meter Each Meter 23.75 47 75A2-54 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION X PLANNING & BUILDING AGENCY 5913 15) Lighting standards: With one (1) fixture each Each 8.90 Each additional fixture on the same standard Each 2.65 5913 16) Time clock or photo electric cell, each Each 7.00 5913 17) Radiant ceiling heat per room Per Room 8.90 5913 18) Power apparatus: generators, motors, transformers, rectifiers, synchronous converters, capacitors, industrial heating, cooking or baking equipment, and other apparatus as follows: (Ratings - horsepower (HP), kilowatts (K W), and Kilovolt amps (KV A)) Up to and including I HP, KW, KV A each Each 3.75 Over I and not over 10 HP, KW, KV A each Each 9.40 Over 10 and not over 50 HP, KW, KVA each Each 19.00 Over 50 and not over 100 HP, KW, KV A each Each 40.50 Over 100 and not over 500 HP, KW, KV A each Each 54.00 Over 500 HP, KW, KV A each Each 67.50 5913 19) Demolition, per project Per Project 26.25 5913 20) Inspections outside of normal business hours (four hour minimum charge for Holidays, Saturday or Sunday Per Hour 67.50 inspections) 5913 21) Re-inspection fee assessed under applicable provisions of the Building Code Per Hour 67.50 5913 22) Inspections for which no fee is specifically indicated (minimum charge - one (I) hour) Per Hour 67.50 5403 23) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge - one (I) hour) Per Hour 67.50 ELECTRICAL PLAN CHECK FEES Whenever electrical plans are required by the Building Official, plan check fees shall be 65% of the electrical permit fee and shall be paid at the time of submitting plans. 5915 MECHANICAL CODE Any person desiring a permit required by the Mechanical Each Permit 32.50 Code shall, at the time of filing an application, pay a fee of $4.00 towards the State Mandated Training Program and pay a fee equal to $28.50 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $52.50. Note: A mechanical Code permit fee is separate from and additional to the fee for any other permit which may be required by Code provisions other than the Mechanical Code. 48 75A2-55 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION X PLANNING & BUILDING AGENCY FEE SCHEDULE 5915 I) For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including Each 23.50 100,000 BTUIh 5915 2) For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 BTUIh Each 33.50 5915 3) For the installation or relocation of each boiler, compressor, condensing unit or heat pump up to and including five horsepower, or each absorption system to and including ]00,000 BTUIh Each 40.50 5915 4) For the installation or relocation of each boiler, compressor, condensing unit or heat pump over five horsepower up to and including 30 horsepower or for each absorption system over 100,000 BTUIh up to and including 1,000,000 BTUIh Each 40.50 5915 5) For the installation, relocation of each boiler, compressor, condensing unit or heat pump over 29 horsepower up to and including 50 horsepower or for each absorption system over 1,000,000 BTUIh up to and including 1,750,000 BTUIh Each 49.25 5915 6) For the installation or relocation of each boiler, compressor, condensing unit or heat pump over 49 horsepower, or each absorption system over 1,750,000 BTUIh Each 67.50 5915 7) For each V A V control box or air handling unit to and including 2,000 cubic feet per minute, including ducts attached thereto Each 16.00 5915 8) For each V A V or air-handling unit over 2,000 cfrn Each 23.50 Note: This fee shall not apply to an air-handling unit which is a portion of a factory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required else where in this code. 5915 9) Outdoor dual packaged heating and cooling Each 40.50 5915 10) For the installation or relocation of each floor furnace, including vent Each 23.50 5915 II) For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater Each 23.50 5915 12) Decorative fireplace Each 23.50 5915 13) For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code Each 16.00 Note: Each HV AC system served by a V A V control box is considered a separate system. 5915 14) For the installation of each Type I commercial kitchen hood which is served by mechanical exhaust, including the ducts for each hood Each 40.50 5915 15) For the installation of each Type II residential or commercial kitchen hoods which is served by mechanical exhaust, including the ducts for each hood Each 23.50 5915 16) For each ventilation fan connected to a single duct 49 75A2-56 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION X PLANNING & BUILDING AGENCY (environmental air) Each 16.00 (a) Bathroom or toilet room exhaust. (b) Laundry room exhaust. (c) Residential range or oven exhaust. (d) Other environmental air duct. 5915 17) Fan coil installation Each 27.00 5915 18) For each evaporative cooler other than portable type Each 23.50 5915 19) Incidental gas piping Each 16.00 5915 20) Fire damper installation, each Each 23.50 5915 21) Vent fan Each 23.50 5915 22) Approved fire extinguishing system Each 23.50 5915 23) For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, for which no other fee is listed in this code Each 23.50 (a) Commercial gas-fired cooking equipment (ranges, ovens, deep fryers, broilers, etc.) (b) Clothes dryer and exhaust duct. (c) Kilns, including hood and exhaust duct. (d) Air compressor and related compressed air piping for manufacturing process. (e) Cooling tower (t) Heat exchanger (g) Exhaust fans for Type I or II Commercial Kitchen Hoods. (h) Electrostatic precipitator. (i) Residential central vacuum cleaner system. 0) Clean-room filter bank (HEP A) (k) Humidifier. (I) Duct heater. (m) Condensate Pumps (n) Etcetera. 5915 24) For the installation, relocation or replacement of each appliance "vent" installed and not included in an appliance Each 23.50 permit 5915 25) Each process piping system Each 67.50 5915 26) For each ventilation system which is not a portion of any heating or air-conditioning system authorized by permit Each 67.50 (a) Halon exhaust system. (b) Wood sawdust collection system or similar collection system (paper, plastic, metal filings, etc.) (c) Smoke evacuation and exhaust system for public buildings, atrium, malls, etc. (d) Crematory furnace and exhaust system. (e) Each other product conveying duct system: (I) Flammable vapors (2) Fumes (3) Smoke (4) Heat 5915 27) For the installation or relocation of each domestic- type incinerator Each 16.00 (Shall have permit and approval from S.C.A.Q.M.D.) 5915 28) For the installation or relocation of each commercial or industrial-type incinerator Each 67.50 (Shall have permit and approval from S.C.A.Q.M.D.) 5915 29) Inspections outside of normal business hours 50 75A2-57 RESOLUTION 2005-052 REVENUE IT 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION X PLANNING & BUILDING AGENCY (4 hour minimum charge for Holidays, Saturday or Sunday inspections) Per Hour 67.50 5915 30) Re-inspection fee assessed under applicable provisions of the Building Code Per Hour 67.50 5915 31) Inspections for which no fee is specifically indicated (minimum charge - one (I) hour) Per Hour 67.50 5915 32) Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one (1) hour) Per Hour 67.50 MECHANICAL PLAN CHECK FEES Whenever mechanical plans are required by the Building Official, plan check fees shall be 65% of the mechanical permit fee and shall be paid at the time of submitting plans PLUMBING CODE 5912 Any person desiring a permit required by the Plumbing Code shall, Each Permit 32.50 at the time of filing an application, pay a fee of$4.00 towards the State Mandated Training Program and pay a fee equal to $28.50. plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $52.50. (Note: A Plumbing Code permit fee is separate from and additional to the fee for any other permit which may be required by code provisions other than the Plumbing Code.) FEE SCHEDULE 5912 I) For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection therefore) Each 8.15 5912 2) For each dental unit Each 16.00 5912 3) Medical gas piping system per 100' Per 1 00' 16.00 5912 4) For each building sewer Each 23.50 (al Each additional connection Each 8.15 (b) Each additional 100 feet or fraction thereof Each 8.15 (c) Sewer/alteration/repair Each 16.00 5912 5) For each private sewage disposal system Each 48.75 5912 6) For each cesspool (where permitted) Each 23.50 5912 7) For each sewer cap Each 67.50 5912 8) For each fixture cap Each 4.30 5912 9) For each new gas piping system (includes one to four outlets) Each 16.00 51 75A2-58 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION X PLANNING & BUILDING AGENCY 5912 10) For each gas outlet of five or more Each 2.60 59]2 II) For the repair/replacement of a gas piping system (includes one to four outlets) Each 16.00 5912 12) For the alteration/addition to an existing gas system (includes one to four outlets) Each 23.50 5912 13) For each residential water heater and/or vent Each 8.15 5912 14) For each commercial boiler or water heater Each 40.50 5912 15) For installation, alteration, or repair of water piping, each 100' Each 16.00 5912 16) Rain water piping (buried), each] 00' Each 10.25 5912 17) Rainwater systems - per drain (inside building) Each 16.00 5912 18) Roof drain system, per drain Each 16.00 5912 19) Deck drains, per drain Each 5.65 5912 20) For each lawn sprinkler system on anyone meter, including back flow protection devices therefore Each 10.25 (atmospheric type only) 5912 21) For atmospheric-type vacuum breakers not included in Item 20: o to 5 8.15 Over 5, each 2.60 5912 22) For each backflow protective device other than atmospheric-type vacuum breakers: 2 inches and smaller 8. I 5 Over 2 inches 16.00 5912 23) For each pool trap Each 8.15 5912 24) For each pool heater Each 40.50 5912 25) For each industrial waste pretreatment interceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps Each 13.50 5912 26) For each residential water conditioner Each 8.15 5912 27) For each commercial water conditioner Each 16.00 5912 28) For repair or alteration of drainage or vent piping, each fixture Each 16.00 5912 29) For each appliance, fixture or piece of equipment regulated by this code but not classed in other categories, for which no other fee is listed in this code Each 23.50 (a) Sewage Ejector (b) Sump Pump (c) Hot Water Storage Tank (d) Heat Exchanger (e) Cooling Tower (t) House Booster Pumps 52 75A2-59 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION X PLANNING & BUILDING AGENCY 5912 30) Temporary Gas Service Each 168.50 At the time of application for temporary power, the owner shall post a $1,000.00 cash or cashier's check for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. 5912 31) Inspections outside of normal business hours (4 hour minimum charge for Holidays, Saturday or Sunday Per Hour 67.50 inspections ). 5912 32) Re-inspection fee assessed under applicable provisions of the Building Code Per Hour 67.50 5912 33) Inspections for which no fee is specifically indicated (minimum charge - one (I) hour) Per Hour 67.50 5912 34) Additional plan review required by changes, additions or revisions to approved plans (minimum charge -one (I) hour) Per Hour 67.50 PLUMBING PLAN CHECK FEES Whenever plumbing plans are required by the Building Official, plan check fees shall be 65% of the plumbing permit fee and shall be paid at the time of submitting plans. GRADING PERMITS 5918 Any person desiring a grading permit required by the Building Each Permit 32.50 Code, shall, at the time of filing an application, pay a fee of$4.00 towards the State Mandated Training Program and pay a fee equal to $28.50 plus the sum of the fees for the work to be done. under the permit as set forth in the following schedule: (Note: A grading permit fee is separate from and additional to the fees for any other permit which may be required by code provisions.) FEE SCHEDULE Minimum 5918 I) Grading Permit: Per Hour 67.50 a. One and Two S.F.D. I Hour b. Multiple Residential including, Residential tracts, Apartments, Condominiums, Hotels, Motels, and Similar Construction 2 Hours c. Non-Residential Site Less Than 2 Acres d. Non-Residential Site 2 Acres and More e. Preliminary Grading Permit, Underground Tank Removal and Excavation for Soil Contamination I Hour f. Existing Parking Lot Resurfacing and Repainting I Hour 5918 2) In addition to the above noted permit fees, a fee shall be collected for new site improvements, new parking lots, new concrete curb and gutter, and asphalt paving Sq. Ft. 0.03 Minimum 5918 3) Inspections outside of normal business hours (4 hour minimum charge for Holidays, Saturday or Sunday inspections) Per Hour 67.50 5918 4) Re-inspection fee assessed under applicable provisions of the Building Code Per Hour 67.50 5918 5) Inspections for which no fee is specifically indicated (minimum charge - one (I) hour) Per Hour 67.50 53 75A2-60 RESOLUTION 2005-052 REVENUE FY 05-06 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION X PLANNING & BUILDING AGENCY SOLAR ENERGY CODE 5914 Any person desiring a permit required by the Solar Energy Each Code shall, at the time of filing an application, pay a fee of Permit 32.50 $4.00 towards the State Mandated Training Program and a fee equal to $28.50 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $52.50. (NOTE: These fees do not include permit fees for any parts of the solar energy system which are subject to the requirements of other applicable codes.) FEE SCHEDULE 5914 I) For collectors (including related piping and regulating devices): Up to 1,000 sq. ft. (93m') 8.15 Between 1,001 (93.lm') and 2,000 sq. ft. (186m') 13.50 More than 2,000 sq. ft. (18m') 13.50 plus per 1,000 sq.ft. (93m2) or fraction 1.45 thereof over 2,000 sq. ft. (186m') 5914 2) For storage tanks (including related piping and regulating devices): Up to 750 gallons (3m') 7.00 Between 751 (3m') and 2,000 gallons 12.40 More than 2,000 (8m') gallons 12.40 plus per 1,000 (4m') or fraction thereof 1.45 over 2,000 gallons (8m') 5914 3) For rock storage: Up to 1,500 cu. ft. (42m') 8.15 Between ],501 (42.lm') and 3,000 cu. ft. (84m') 13.50 More than 3,000 cu. ft. (84m') 13.50 plus per 1,000 cu. ft. (28m') or fraction 1.45 thereof over 3,000 cu. ft. (84m') 5914 4) Self-contained water heater (residential type) Each 8.15 5914 5) Water heater (commercial type) Each 40.50 5914 6) Heat exchanger Each 8.15 5914 7) Water piping replacement, each 100 feet Each 16.00 5914 8) Gas piping service, 1-5 outlets Each 16.00 54 75A2-61 RESOLUTION 2005-052 REVENUE ACCOUNT SECTION X 5914 5914 5914 5914 5914 5914 DEPARTMENTIMISCELLANEOUS FEE OR SERVICE PLANNING & BUILDING AGENCY 9) Backflow prevention device 10) For each appliance or piece of equipment regulated by this code for which no fee is listed II) Inspections outside of normal business hours (4 hour minimum charge for Holidays, Saturday and Sunday inspections) 12) Re-inspection fee assessed under provisions of the Building Code 13) Inspections for which no fee is specifically indicated (minimum charge - one (I) hour) 14) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge - one (I )hour) SOLAR PLAN CHECK FEES Whenever solar plans are required by the Building Official, plan check fees shall be 65% of the solar permit fee and shall be paid at the time of submitting plans. 55 75A2-62 FY 05-06 UNIT FEES Each 8.15 Each 8.]5 Per Hour 67.50 Per Hour 67.50 Per Hour 67.50 Per Hour 67.50 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 6, 2005 TITLE: PUBLIC HEARING - AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1990-03 TO ALLOW AN EXTENSION OF TIME FOR A PORTION OF THE LAKE CENTER OFFICE PROJECT AT 3500 WEST LAKE CENTER DRIVE - C.J. SEGERSTROM & SONS. AP~ . W{)~ 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 Adopt an ordinance approving the amendment to Development Agreement No. 1990-03. PLANNING COMMISSION ACTION On May 9, 2005, the Planning Commission recommended that the City Council adopt an ordinance approving the amendment to Development Agreement No. 1990-03 by a vote of 7:0 to allow an extension of time for a portion of the Lake Center office project within the Specific Development No. 58 (SD- 58) zoning district at 3500 West Lake Center Drive. The Planning Commission made no changes to the terms of the agreement as outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. s!t: !~'1ng Executive Director Planning & Building Agency KH:rb kh\Reports 200S\da90-03 amendment.cc 758-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: MAY 9, 2005 TITLE: PUBLIC HEARING - AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1990-03 TO ALLOW AN EXTENSION OF TIME FOR A PORTION OF THE LAKE CENTER OFFICE PROJECT APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO Prepared by Karen Hal uza #:.!2~~r RECOMMENDED ACTION . ..../:~~ 8 Planning Manager Recommend that the City Council adopt an ordinance approving the amendment to Development Agreement No. 1990-03. DISCUSSION Request of Applicant C. J. Segerstrom & Sons is requesting approval of an amendment to the previously-approved Development Agreement No. 1990-03 in order to allow an extension of time for a portion of the existing entitlement. Property Description The properties that will be subject to this development agreement extension total 17.7 acres and are contained in four separate parcels located south of Lake Center Drive on both the east and west sides of Susan Street. The site is zoned Specific Development No. 58 (SD-58) and has a General Plan land use designation of Industrial (IND). The site is surrounded by commercial, office and industrial uses (Exhibits 1 and 2) . Project Description Development Agreement the development of industrial project. agreement Specific No. 1990-03 was approved in October 1990 to allow an approximately 33-acre office/commercial and At the time of the approval of the development Development No. 58 (SD-58) also was approved to EXHIBIT A 758-2 Development Agreement No. 1990-03 May 9, 2005 Page 2 establish the zoning for the property. Since that time the original proj ect has been improved with the Lake Park complex and the Pacificare offices. In addition, one of the parcels was sold and will be used as a ball field for the nearby Calvary Chapel school, which is the subject of a separate request to amend SD-58. C. J. Segerstrom & Sons retains title to four parcels wi thin SD- 58. Of these parcels, one contains the Pacificare office complex, two are vacant and one is currently being used as a parking lot. The two vacant parcels and the parcel currently in use as a parking lot could all be developed with additional office buildings under the existing entitlements. The three undeveloped parcels total approximately 10.5 acres. C.J. Segerstrom & Sons does not have any plans immediately pending for the development of these properties, but they are satisfied with the current terms and conditions of the existing development agreement and would like to extend it for 10 years. The amendment that would memorialize the requested extension is attached (Exhibit 3) . Analysis of the Issues C.J. Segerstrom & Sons is requesting an amendment to Development Agreement No. 1990-03 to extend it for a period of 10 years. The request would apply to the four parcels currently owned by C.J. Segerstrom & Sons in the SD-58 zoning district and would not change any current entitlements or zoning. The original term of the development agreement was 15 years. It will expire in October of 2005 unless amended as proposed. Staff finds that the amendment to the development agreement allowing the 10-year time extension will provide for the continued implementation of the previously approved project in furtherance of the provisions of SD-58. Staff recommends that the Planning Commission recommend that the City Council approve the Amendment to Development Agreement No. 1990-03. At its meeting of April 11, 2005 the Planning Commission expressed an interest in reviewing the terms of the original Development Agreement and requested that the document be provided to them. The item was continued for two weeks in order to facilitate this request and the original Development Agreement is attached to this staff report (Exhibi t 4) . 758-3 Development Agreement No. 1990-03 May 9, 2005 Page 3 CEQA Compliance In accordance with the California Environmental Quality Act, the proposed request has been determined to be adequately evaluated in previously certified Lake Center Specific Development Final Environmental Impact Report ER 89-01. ~!::a~ Principal Planner KH:JM kh\Reports 200S\da90~03 amendment.OS090S.pc 758-4 M1 II I IE M1 M1 M2 ..i <II a: 0 M2 M1 <II a: <( M2 M1 M1 I :3 SOuTH - CAliFOANIAE lSON CO. EASEMENT ---ll I I I I I EN~ AV I I I I Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 SEGERSTROM AV. M1 ~:~" M1 M1 M1 M1 II M1 , ] 1 / "- -- .....I~........-.... ....,.!:::.............= __--'II -.... r J R4 :: 11 It J} r---------------............. I}:'.... ~I ''...._ 50- 46 t GARA A1 ~ f-' en 50-4 0;: w M1 :> a: /"' <( R2-PRD LL SD-51 P '--- C5 ) --..... R3 50-74 50-6 P M1/ R1 M1 / ,--- . I --~ C i t Y o f C 0 S t a 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 COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT ~ ~---~ 1" = 1000 FEET CR GC Ml M2 MO o P PCD PRD AMENDMENT TO DA 90-3 C.J. SEGERSTROM AND SONS 3500 WEST LAKE CENTER DRIVE M e 5 a 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 r9I' - = 5DO FEET P LAN N N G AGE N C Y AND BU LD EXHIBIT 1 758-5 N G A lU '" :0 o J:: lU ct <l: So -J <l: (.) ct lU ::;; :; o (.) INDUSTRIAL VACANT IN UST IAL LAKE CENTER DRIVE -J <l: ct f-- OFFICES '" :0 a <: VACANT PARKING LOT o U S. POSTAL OFFICE U S. POSTAL -J <l: (.) ct lU ::;; ::;; o (.) OFFICES z c:( tJ) :J tJ) CENTER AMENDMENT TO DA 90-3 C.J. SEGERSTROM AND SONS 3500 WEST LAKE CENTER DRIVE N G AND B U VACANT SUNFLOWER AVENUE IA g{' ---I I SO-58 --- P LAN N AGE N C Y ( City 01 Costa Mesa SEGERSTROM PROPERTIES 7~I~g 2 L D N G RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 A TIN: Clerk of the Council FREE RECORDING GOVERNMENT CODE S 6103 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT is made and entered into this _ day of , 2005, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and C.J. SEGERSTROM & SONS, a California general partnership ("Developer"). City and Developer hereby agree as follows: A. City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Developer in the development process. City enters into the Amendment pursuant to the provisions of the Government Code and applicable City policies. B. The City and California Pacific Properties, a California general partnership, have previously entered into a Development Agreement dated October 15 1990, recorded as Document No. 90-625289 with the Recorder of the County of Orange (hereafter referred to as the "Development Agreement"). On February 23, 1995, a portion of the property covered by the Development Agreement was transferred to Developer, by Grant Deed recorded as Document No. 95-0099264 with the Recorder of the County of Orange This Amendment relates solely to the property described in said Grant Deed which is owned by Developer, C. The City and Developer wish to amend the Development Agreement between the parties to extend the Development Agreement's term, which is originally of fifteen (15) years, by adding an additional ten (10) years, for a total of twenty-five (25) years from and after the date of execution of the Development Agreement (subject to express exceptions noted in the Development Agreement). D. The parties hereto acknowledge the following: (1) This Amendment is intended to assure adequate public facilities at the time of development. 1 1Bf'lV3 1 of 8 (2) This Amendment is intended to assure development in accordance with City's General Plan, applicable Specific Design Zoning and Capital Improvement Plan. (3) This Amendment will permit achievement of goals and objectives as reflected in the City's General Plan and all applicable Specific Design Zoning. (4) Developer is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process. (5) This Amendment will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) Many of the extraordinary and significant benefits identified as consideration to City for entering into this Amendment represent benefits which would not otherwise be required as part of the development process. F. On April 25, 2005, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Developer's application for this Amendment. The Planning Commission recommended to the City Council of City that it execute this Amendment. On ,2005, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Developer's application for this Amendment. G. Property Am~cted hy this Aereement This Amendment pertains solely to the property as illustrated in Exhibit "A-I" and described in Exhibit "A-2" to this Amendment, which are incorporated herein by this reference as though fully set forth. In case of any discrepancy between Exhibit "A-I" and Exhibit "A-2", the parties agree and acknowledge that Exhibit "A-2" shall prevail in full. H. Thnn. Section 4 of the Development Agreement is hereby amended to read, in its entirety, as follows: 4. Thnn. (a) The term ("Term") of this Development Agreement is twenty-five (25) years from the date of execution, subject to earlier termination as hereinafter provided. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, any tentative Subdivision Map approval for the Property shall also be extended for a period equal to the period this Agreement remains in effect. 2 752~~8 1. Effect of Amendment. Exhibits "A-I" and "A-2" to this Amendment shall supercede and replace Exhibit "A" to the Development Agreement. Except as necessary to implement the intent of this Amendment, the Development Agreement shall remain in full force and effect. In the event of a conflict, terms contained herein shall prevail over conflicting provisions of the Development Agreement. 1. Effective Date 1 Tnchanged, The parties to this Amendment further agree that the effective date of the Development Agreement, set forth in paragraph 26 therein, is unaffected by this Amendment to the Development Agreement. IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year first above written. ATTEST: CITY OF SANTA ANA, a charter city and municipal corporation By David N. Ream City Manager Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney C.J. SEGERSTROM & SONS, a California general partnership, By Benjamin Kaufinan Chief Assistant City Attorney By: Henry T. Segerstrom Management LLC, a California limited liability company, Manager By: Henry T. Segerstrom, Manager By: HTS Management Co., Inc., a California corporation Manager By: Title: Senior Vice President 3 753~89 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On personally appeared , 200_, before me, , the personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is) (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) authorized capacity(ies), and that by (his) (her) (their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public in and for said State STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On personally appeared , 200_, before me, , the personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is) (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) authorized capacity(ies), and that by (his) (her) (their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) 4 4~~B-1 0 Notary Public in and for said State 5 75E\~~ 1 a ~~ ~ UJ VJ :::> o :t: UJ Cl: <<: S: INDUSTRIAL VACANT IN UST IAL LAKE CENTER a <<: <..l SCHOOL Cl: f- OFFICES VJ :::> Cl <: U.S. POSTAL OFFICE DRIVE VACANT .... <<: () ct UJ ::;; Z < ::;; OFFICES en ::> 0 en () VACANT PARKING LOT U.S. POSTAL .... ~ () Cl: UJ ::;; ::;; o () CENTER SUNFLOWER AVENUE ( City 01 Costa Mesa AMENDMENT TO DA 90-3 C.J. SEGERSTROM AND SONS 3500 WEST LAKE CENTER DRIVE A ~ I SEGERSTROM PROPERTIES ---I I SO-58 --- P LAN N AGE N C Y N G AND B U L 0 N G EXHIBIT "A-1" 7&e8"12 Exhibit "A-2" Legal Description All that certain real property located in the City of Santa Ana, County of Orange, State of California, and more particularly described as follows: Parcel A (Undeveloped Land): Parcell, in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 121, pages 14 and 15 of Parcel Maps, in the Office ofthe County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Parcel B (Undeveloped Land): Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel C (Undeveloped Land): Parcel 2 of Parcel Map No. 84-876, in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 196, pages 22, 23 and 24 of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. 1 7~813 Parcel D (Developed Land): Parcell of Parcel Map No. 84-876, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel E (Private Street and Driveway) Lots A, B and C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County. 2 758-14 8 of 8 l 1 I I REL: 9/25/90 ORDINANCE NO. NS- 2089 AN ORDINANCE OF THE CITY OF SANTA ANA REZONING CERTAIN PROPERTY LOCATED ON LAKE CENTER DRIVE AND SUSAN STREET FROM THE M1 (LIGHT INDUSTRIAL) DISTRICT TO THE SD (SPECIFIC DEVELOPMENT) DISTRICT, ADOPTING SPECIFIC DEVELOPMENT PLAN NO. 58 FOR SAID PROPERTY, AND APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CALIFORNIA PACIFIC PROPERTIES PERTAINING TO SAID PROPERTY. WHEREAS, Amendment Application No. 1043 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located generally on Lake Center Drive and Susan Street in the City of Santa Ana, and more specifically delineated in Exhibit A, attached hereto and incorporated herein by reference, from the M1 (Light Industrial) District to the SD (Specific Development) district, and to adopt specific Development Plan No. 58, in the form set forth in Exhibit B, attached hereto and incorporated herein by reference, for said property; and WHEREAS, the applicant California Pacific properties proposes to develop said property in accordance with Specific Development Plan No. 58 and in this regard has requested to enter into a Development Agreement in the form set forth in Exhibit C, attached hereto and incorporated herein, with the City of Santa Ana, in accordance with sections 65864-65869.5 of the Government Code of the State of California; and WHEREAS, the Planning commission of the city of Santa Ana held a duly noticed public hearing on september 10, 1990, on the said Amendment Application, Specific Development Plan, and the Development Agreement, and, based thereon, determined that the development as proposed therein is consistent with the general plan of the City of Santa Ana, and recommended that the City Council approve the Amendment Application, Specific Development Plan No. 54, and the Development Agreement; and WHEREAS, prior to taking action on this ordinance, the city Council of the City of Santa Ana has reviewed and considered the information contained in that certain "Lake center Environmental Impact Report" pertaining to the development of the abovesaid property in accordance with Specific Development Plan No. 58 and the Development Agreement, and, by its Resolution No. 90- , has certified said environmental impact report as having been prepared in accordance with the California Environmental Quality Act and has adopted environmental findings regarding the Lake Center project; and WHEREAS, this Council, prior to taking action on this ~~ II I . I 7351 I ! I ! i 73 () ORDINANCE NS-2089 PAGE TWO ordinance, has held a duly noticed public hearing, on the said Amendment Application, Specific Development Plan No. 58, and Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: 1. The SD (Specific Development) district designation and specific Development Plan No. 58, as proposed in Amendment Application No. 1043, and the Development Agreement are hereby found and determined to be consistent with the general plan of the City of Santa Ana and otherwise justified by the public necessity, convenience and general welfare; 2. Those parcels of real property located generally on Lake Center Drive and Susan Street and more specifically delineated in Exhibit A, attached hereto and incorporated herein, are hereby reclassified from the Ml (Light Industrial) District to the SO (Specific Development) district. 3. Specific Development Plan No. 58, set forth in Exhibit B, attached hereto and incorporated herein, is hereby approved and adopted for the abovesaid property. 4. That certain Development Agreement between the City of Santa Ana and California Pacific Properties, in the form set forth in Exhibit C, attached hereto and incorporated herein, is hereby approved, and the Mayor is authorized to execute said Agreement on behalf of the City of Santa Ana following its execution by California Pacific Properties, and the Clerk of the Council to attest to the same. 5. The Clerk of the Council is directed to cause a copy of the said Development Agreement to be recorded in the official records of Orange County, California, within ten days following its 2 7~~ l 1 I ORDINANCE NS-2089 PAGE THREE effective date. As use herein effective date means the date thirty days after the date of this ordinance. ADOPTED this 15th day of October , 199..Q... ATTEST: ce C. Guy rk of the Council COUNCILMEMBERS: Young Acosta Griset May MCGuigan Norton Pulido ~ ~ ~ ~ ~ ~ ~ 3 753~7 APPROVED AS TO FORM: ~r city Attorney 737 , I "'I n ...".. I u.,.1Q Ir ~R'f+4U~ n.'.... ...1 I toll ~. "'I i ci ! _,..f , I "'I 3 t CD II '0 -s.a'__""U--."I~ .,.,.10 MI C4 SO ISl>-31 R3 City of ~ If: '; lSO.61 1~ .... I I RI I ~~II~~~ RI >In [ ~I I,r; !~1}i CI ~ ~~,.I I~ ".... lo~VE PROPO~~D I"'! DEVELOPMENT I i SITE I ! I I I I Ii; ...........:.. ., -;.ii-71-- -------- i ! JI '" :;, I '.', I. ill , . I' i'l II~ Ii Iii III .1 I 11 !If ==-: I (:,~>\ ;1,' .__"'L / \ I ( 1l1"'::;- \ .J .~':.:::~II /...~...~'.ot I .......-..... n-.,., ( '... ---01 EGO-- ..-- , '" MI ~ ....... "l SUNFLOWER ~ a:: o CD a:: <t :z: Costa I .1 "" :;:. ---~==:.:l ~bi'ii.;~~~;_~~=; /..- Mesa ...t...I. ..r -......". H.~ ,. ~ - 'II J~ ".Jd GISLER AVE, ZONING DISTRICT &001I"10 .. .'OU,toc)If 11IO JOlt'. 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POST AL CENT ER VACANT !-AND " SUNFLOWEA RURAL LAND AA 1043/GPA 90-8/50 58 NADEL PROPERTIES, INC. 583310 LAKE CENTER DRIVE ;:XHtWl Ai f. .z. 75s~ I' , I INDUSTRI AL ...J <: o a:: w ~ .~ o () " --.. I I EXHIWI B i SPECIFIC DEVELOPMENT PLAN NO. 58 SECTION 1 - APPL1CAhILITY Of ORvINANCE The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code, is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles. and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. SECTION 2 - PURPOSE The Specific Vevelopment ~lan Number standards and regulations, is hereby established protecting the health, safety, and general City by promoting and enhancing the value of orderly development. 58 (SD-58), consisting of for the express purpose of welfare of the people of the properties and encouraging Lake Center Specific Development Plan SD-58 sets forth the development and design criteria for a development consisting of approximately 33 acres. The purpos~ of this SpecIfic Development Plan is to permit flexibility in site planning and design in response to market conditions while assuring high quality development. Specific Development Plan Number SD-58 specifically establishes for the property the following: The permitted uses; Maximum authorized dev~lopment densities; Anticipated phasing of on-site development; Signage provisions; and Development standards for authorized uses, including building height limits, required setbacks, parking requirements. .. landscaping provisions and enforcement policies. The ErR sets forth certain required mitigation measures, specified on Exhibit I, attached, which are hereby incorporated as part of this Specific Development Plan No. 58. I 7~~ ! I 741 742 Objectives The objectives of the Lake Center Specific Development Plan include the provision of the following: 1. Landscaping that is appropriate to the level of development and sensitive to the surrounding community; 2. A visually harmonious development as viewed both internally and externally; 3. A circulation system that is responsive to vehicular and pedestrian travel, particularly across major arterials serving the subject site; the needs of both pedestrian safety 4. Development that is hazardous materials; exclusive of noxious fumes. toxic or 5. Flexibility in development in response to market conditions while achieving overall City and community goals; 6. Creation of new employment opportunities; 7. An integrated sign program that visually enhances the development and is harmonious with the adjacent environs. SECTION 3 - USES PERMITTED Professional and Business Offices 1. General offices providing personal and professional services including. without limit, employment agencies, medical insurance, real estate. travel, trade contractors, architects, engineers, finance. research and development, wherein high technology office use is coupled with minor assembly and/or research. and other similar uses. Commercial/Retail Uses 1. Commercial/retail uses including, but not limited to: service commercial uses such as: daycare centers. banks and other financial institution. delicatessens, food stores. news stands. automobile support facilities providing services only within the parking structures such as auto detailing, health and exercise centers and other similar uses, office and computer equipment, copy centers and other similar uses. office and computer equipment, copy centers, postal centers day care and other similar uses. 2. Restaurants, retail commercial. travel services. and other commercial uses incidental/accessing to office uses. ~ 75~ 7 of 9 I! SECTION 4 - MAXIMUM PERMITTED BUILDING DENSITY/INTENSITY - . 743 The maximum authorized building densities/intensities for the Lake Center are as follows: 1. 400,890 square feet of existing and approved office and support commercial uses consistent with the site Master Plan. I 2. 569,230 square and appurtenant area. Figure proposed Master SECTION 5 - PHASING PHASE 1 Building #1 2 Building iJ12 3 Building #11 4 Building #17 5 Building #10 6 Building fl9 feet of additional floor area. Parking structures uses are not included in the calculatIon of floor 1 illustrates the locations of existing and Plan of buildings. GROSS FLOOR AREA (SQ. FT.) YEAR 49,040 1990 56,000 1990-1991 104,190 1992 40,000 1992 160,000 1993 160,000 1994-1995 Year of development, building size and configuration are predicated on market conditions at the time of construction and are subject to change as market conditions change or as tenants become available. SECTION 6 - SIGNAGE All future on-site signs shall conform to Article XI, Subsections 41-850 through 41-1099 of the Santa Ana Zoning Code, in effect at the time of adoption of this ordinance. On-site signs shall also be consistent with an approved sign program to be on file with the Santa Ana Planning Division. SECTION 7 - DEVELOPMENT STANDARDS Professional and Business Offices/Commercial/Retail I 1. Building Heights. All future on-site uses will be subject to a height limitation of 200 feet above ground level, which is defined as a measurement from the elevation of the top slab of the first floor on-grade to the top of the structure. 2. Setbacks. A minimum of 15 feet setback shall be provided between proposed on-site uses and right-of-way boundaries for the following streets: Lake Center Drive, Susan Street, Sunflower Avenue and MacArthur. A minimum ten foot setback will be provided for uses adjacent to internal roadways. .3 75~22 8 of 9 : I .. 744 3. Building Separations. Minimum building separation shall be governed by Uniform Building Code requirements, except for parking structures which are not required to be separated from structures on separate parcels, and except for walkway covers, connecting pedestrian access and atrium connections between buildings. 4. Site Coverage. All building setbacks as described in 2 above. Building setbacks shall be maintained for site coverage. Site coverage for individual parcels or tracts shall be consistent with the approved precise plan, provided that the setbacks described above are maintained. 5. Parking. Parking within the Lake Center Specific Development will be design to take advantage of the urban setting and balance of uses. This is represented by the mixture of similar land uses located within close proximity to transportation facilities. It is the intent of the applicant to provide parking facilities in the form of both surface parking, parking structures above and, possibly, below grade. The parking structures design shall be compatible with the surrounding land uses. The site currently has 508 surface parking spaces and 861 spaces in parking structures. Future on-site buildings will be served by a mix of surface and structure parking (approximately 1,684 parking spaces in parking structures and 289 surface spaces). Future spaces will be provided on a phase by phase basis consistent with projected demand coinciding with the construction of the proposed buildings. At build out, projected total parking is anticipated to be 3,342 spaces in a combination of surface and structured parking. a. Location of Parking. Required off-street parking shall be provided. When parking is provided on a site of different ownership, a recorded document shall be approved and filed with the City of Santa Ana, Planning DivisIon, and signed by the owners of the parking site, stipulating to the reservation of use of the site for said parking. b. Joint Use of Parking. Two ore more office or commercial uses may jointly develop and utilize required parking facilities if approved by tl~ Planning Division. Parking requirements for each individual use may be reduced through City of Santa Ana (i.e. no compact stalls) as of the date of adoption with regard to surfacing, marking, grading, lighting, walls, circulation, parking dimensions, and layout. Landscaping requirements will he in accordance with this Specific Development Plan. c. Off-Street Parking Plan/Site Plan. A parking plan will be submitted for all projects requiring more than ten parking spaces. unless off-street parking facilities are already provided. 1 7511-23 9 of 9 I! I The required number of off-street spaces may be reduced commensurate with the specific type of use and demonstrated hourly parking demand upon approval by the Zoning Administrator. For off-street parking plan areas which contain 500 or more parking spaces, a twenty (20) percent reduction may be permitted for required off-street parking, subject to approval by the Zoning Administrator. This percentage is based upon representative factors for land use as provided by the Urban Land institute's (ULl) shared parking study. The required number of off-street spaces provided may he further modified contingent upon impl~mentation of a transportation demand management plan for Lake Center, and based upon the results of a verified transportation study, subject to approval by the Planning Division. d. Number of Required Off-Street Spaces. The minimum number of off-street parking spaces to be provided within the project area are as follows: Medical and Dental. Six spaces for each doctor or one space for each 200 square feet of gross floor area, whichever Is greater. Professional and Business Offices. One space for each 333 1/3 square feet of gross floor area. Restaurants. Restaurant parking shall be in accordance with the following: Restaurants shall provide one parking space per 100 gross square feet of floor area. Outdoor dining areas may be reduced to provide one space per 200 square feet of gross floor area. Parking requirements may be waived for which primarily serve an on-site building demonstrated to serve on-site users who will to the site. restaurants or can be not drive r Commercial. One (1) space for each 200 square feet of gross floor area for any freestanding commercial space larger than 3,000 square feet. Parking requirements shall be waived for commercial and service uses which primarily serve an on-site building, or can be demonstrated to serve on-site users who will not drive to the site. ~ 7~ II ,745 746 6. Landscaping Standards. All areas not used for buildings, parking or storage shall be landscaped using the following guidelines. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping, consistent with the existing landscape theme and existing improvements on-site. Plaza's and courtyards shall provide a minimum of 30% of the area dedicated to such amenity in landscaping. The design guidelines outlined herein form an integral element in achieving distinctive development character for the project area. As phases are implemented, landscape plans shall be approved which are consistent with and implement these concepts, and are consistent with existing improvements established by a Master Plan on file with the City Planning Division. Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy. a. Setback Areas. To create a unifying element surrounding the project srea, a landscaped edge will be maintained adjacent to Lake Center Drive, Susan Street, Sunflower Avenue, MacArthur Boulevard, and interior streets. This edge will contain formal tree plants with turf below. b. Side and Rear Yard Setback Area. All building setback areas shall be landscaped utilizing ground cover, lawn, and/or shrub and tree materials consistent with existing improvements. c. Parking Area. In all areas where there is surface parking, the following standards shall apply: Setback The width of the landscaped edge adjacent to parking areas shall be a minimum of ten feet from the interior rear and interior side yard property lines. Trees A landscape planter, not less than five feet by five feet, including the thickness of the raised curb, shall be required consistent with exi~ting improvements, at a ratio of one planter for each four parking spaces. For every ten parking spaces; each planter will require one 15 gallon size tree, 8 five gallon size shrubs and ground cover to serve as filler materials. Other organic or inorganic materials are not accepted for substitution for ground cover or turf. 7. Enforcement. The penal provisions and permit requirements set forth in Article VIII of the Santa Ana Municipal Code (effective as of the date of adoption of this Specific Development Plan) shall apply to all development within the Lake Center SpecifiC Development Plan. , 7~ ! I I I SECTION 8 - OPERATIONAL STANDARDS 1. Conditions Covenants and Restrictions (CC & R"s) shall be provided which requires future tenants and property owners to participate in the required Transportation Demand Management Program and other mitigation measures as specified in the Environmental Impact Report. 2. Each future structure{s) shall be required Review to ensure conformity with the Master Environmental Impact Report to provide the conditions to ensure compliance. to submit for Site Plan Plan and certified opportunity to apply 3. Prior to issuance of a Building Permit, ultimate street right-oi-ways on Lake per the approved site plan. dedicate curb returns and Center Drive and Susan Street 4. Prior to issuance of a Utility Release. complete the following: a) Comply with all mitigation measures applicable to the approved Site Plan and as set forth in the Draft EIR. and as modified in the response to comments portion of the EIR. b) Comply with the requirements of the Development Agreement. 1 7~ i I ~ .747 Ii r . l' 1;::\.0" '; 90-625289 .... Th!:, ;:: ~r. Cllrtify that tiils (tur.t!~snt Is ~n;scii::-": for frea n;:.~(:r'~ =-::y . / the uty of Lama Ana u:1fj~r Go~e~}ll8nt ~ Coda Sectlon~. .~ ~ (j. I . ,t' ,'f.r RECORDING REQUESTED BY ;:1- ytl.... /iJ2- /V5-.;;.otf1 .1cCOADED IN OFF!CIAL RECORDS OF ORANGE COUNTY. CALIFORNIA I WHZN RECORDED MAIL TO: Clerk of the Council city of Santa Ana 20 civic Center Plaza Santa Ana, CA 92701 .22Q PM NOV27 '90 4 a. ~RECORD&R 74H f$ 1300 J C2 (Above Space for Recorder's Use Only) DEVELOPMENT AGREEMENT FOR LAKE CENTER PROFESSIONAL OFFICE PARK THIS DEVELOPMENT AGRE~~2 ("DeveJ,p~!IL~I}.t Agreement") is made and entered into this day of ~L~, 1990, by and between the CITY OF SANTA ANA, a municipal corporation organized and existing under the laws of the State of California ("City"), and CALIFORNIA PACIFIC PROPERTIES, a California general partnership ("Developer"). R E C I TAL S: A. California Government Code 5S 65864 n ~. provide that the legislative body of a city may enter into a development agreement with persons having legal or equitable interests in real property for the development of real property in order to, among other things: (i) vest certain rights in the developer; (ii) provide certainty in the approval of development projects in order to avoid the waste of resources; (iii) encourage investment in and commitment to comprehensive planning which will make maximum efficient utilization of resources at the least economic cost to the public; (iv) strengthen the public planning process ~nd encourage private participation in comprehensive planning; and (v) reduce the economic costs of development by providing assurance to the developer that the developer may proceed with its projects in accordance with existing policies, rules, and regulations subject to conditions of approval. B. Pursuant to California Government Code Section 65865, the City has adopted its Resolution No. 82-92, establiShing procedures and requirements for the approval of development agreements. Developer has applied to the City pursuant to California Government Code Sections 65864- 65869.5, and pursuant to said Resolution for approval of the Development Agreement set forth herein. OCl1\DBC\CAL-PAC\CAL-PAC.AO' 7~~927 ; I · . ~ 750 c. The City desires to enter into this Development Agreement with Developer in order to facilitate the development of certain property' (the "Property") known as "Lake center Professional Office Parkt' (the "Development"), more fully described in Exhibit A and shown on the map set forth on Exhibit 5, both attached hereto. Such development shall be in accordance with (i) Specific Development Plan No. ~, adopted by the same ordinance of the City which approved this Development Agreement (the ItPlann) and (ii) Existing Development Regulations (as defined below); provided however, no use which is permitted only pursuant to the issuance of a conditional use permit by the Plan shall be considered part of the "Development" within the scope of this Development Agreement. The city has given notice of its intention to adopt this proposed Development Agreement, has conducted public hearings thereon pursuant to Government Code Section 65867, and the City'S Resolution No. 82-98 and has found that the provisions of this Development Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in the City's General Plan, the Plan, and the Existing Development Regulations. In connection with its approval of the Development, a Final Environmental Impact Report ("EIR") was prepared and certified by the city Council on 6~ T^~~A I ' ff~' . D. Developer has engaged, prior to the date of this Development Agreement, in substantial development activity on the Property, and has completed approximately fifty percent (50\) of the construction of the Development Plan. In the course of this work, Developer has provided significant public benefits and has invested substantial amounts of money in reliance on project approvals. Continued development of the Property will require the construction of substantial public improvements in various phases, many of which improvements will benefit both the Development and surrounding areas. certain development risks and uncertainties associated with the long term nature of the Development, inCluding the cost of the portion of these public improvements, could discourage and deter Developer from making the long term commitments necessary to fully develop the Property; therefore, the parties desire to enter into this Development Agreement in order to reduce or eliminate uncertainties to such development over which the City has control. E. As permitted by law, the City and Developer desire to establish design and development standards tor the entire build-out period of the Development, including all phases thereof, the permitted uses for the Development, and to identify the scope of pUblic infrastructure improvements to be required for and as a result of the Development. OCll\DEC\~-PAC\CAL-PAC.A04 2 7~~ : ! I F. The city recognizes that Developer may sustain substantial losses if the city were to default in its obligations herein undertaken, including the substantial investment made by Developer to plan the Development. G. The city, by electing to enter into contractual agreements such as this one, acknowledges that the obligations of the city shall survive beyond the term or terms of the present City council members, that such action will serve to bind the city and future councils to the obligations thereby undertaken, and this Development Agreement shall limit the future exercise of certain governmental and proprietary powers of the City. By approving this Development Agreement, the City council has elected to exercise certain governmental powers at the time of entering into this Development Agreement rather than deferring its actions to some undetermined future date. The terms and conditions of this Development Agreement have undergone extensive review by the City and its council and have been found to be fair, just and reasonable, and the City has concluded that the pursuit of the Development will serve the best interests of its citizens and the public health, safety and welfare will be best served by entering into this obligation. The City acknowledges that Developer would not consider or engage in the Development without the assurances of development entitlement which this Development Agreement is designed to provide. H. The mutual undertakings, assurances, and covenants provided for in this Development Agreement provide public benefits to the City and its residents, including the promotion of comprehensive planning, private and public cooperation and participation in the provision of public benefits, the increase in the City tax revenues from the Development, and the effective and efficient development of public facilities and infrastructure supporting the Development which was contemplated and promoted by Government Code 55 65864 n ~. r I. This Development Agreement will promote and encourage the development of the Property by providing Developer and its creditors with a greater degree of certainty of Developer's ability to expeditiously and economically complete the development effort, and the parties agree that the consideration to be received by the city pursuant to this Development Agreement and the rights secured to Developer hereunder constitute sufficient consideration to support the covenants and agreements of the City and Developer. By entering into this Development Agreement, the City desires to vest in Developer, to the fullest extent possible under the law, all possible development entitlements in order to complete the Development. OCll\DBC\CAL-PAC\CAL-PAC.AG4 3 7~ o 4 II 75t ,,~ w .752 J. The City Planning commission and the City council have found and determined that this Development Agreement: (i) is consistent with the City's general plan and all specific plans ascf the date of this Development Agreement (as referenced in Goverh~ent Code 5S 65450 et ~.) applicable to the Development; (ii) is in the best interest of the health, safety, and general welfare of the City, its residents, and the public; (iil) is entered into pursuant to and constitutes a present exercise of the City's pOlice power; and (iv) is entered into pursuant to and in compliance with the requirements of Government Code 5 65867, the City Development Agreement Resolution No. 82-92; and the city Council has adopted an ordinance authorizing the execution of this Development Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties do hereby agree as follows: 1. Bindina Effect of Develooment Aareement. The Development Agreement pertains to the Property as described in Exhibit A. The burdens of the Development Agreement are binding upon, and the benefits of the Development Agreement inure to all successors in interest of the parties to the Development Agreement, and constitute covenants which run with the Property, and in order to provide continued notice thereof, this Development Agreement will be recorded by the parties. The assurances provided to Developer in this Development Agreement are provided pursuant to and as contemplated by Government Code SS 65864 et ~., and in consideration for the undertakings of Developer as set forth in this Development Agreement, and are intended by the City to be and have been relied upon by Developer to its detriment in undertaking the obligations and covenants provided in this Development Agreement and in expending monies and making . improvements pursuant to this Development Agreement. The parties agree that the consideration to be received by the city pursuant to this Development Agreement and the rights secured to Developer hereunder constitute sufficient consideration to support the covenants and agreements of the City and Developer. 2. Relationshio of the Parties. It is hereby specifically understood and acknowledged that the Development is a private project and that neither the City nor Developer will be deemed to be the agent of the other for any purposes whatsoever. 3. Reservations and Dedications. It is hereby further understood and agreed that no reservations or dedications of land will be required by the city as a condition to development of the Property during the Term {as OCll\DBC\CAL-PAC\CAL-PAc.A04 4 7~~ 1 0 49 Ii 753 herein defined), except as part of the conditions imposed in connection with the approval of the site development plan for the Plan or as otherwise agreed to in writing by the City and Developer. Nothing herein shall be construed to limit the City's powers of eminent domain. J 4. ~. (a) The term ("Term") of this Development Agreement is fifteen (15) years from the date of execution, subject to earlier termination as hereinafter provided. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, any tentative Subdivision Map approved for the Property shall also be extended for a period equal to the period this Agreement remains in effect. r 5. Development Standards. In connection with development of the Property by Developer, the City hereby agrees that the permitted uses of the Property, density of use, intensity of use, maximum height and size of proposed buildings shall be those set forth specifically in the Plan. 6. Proce~~inq of A~olications and Permits. The City will accept the processing and review of all applications for permits or other entitlements with respect to the development and the use of the Property in accordance with this Development Agreement. It is understood by the parties to this Development Agreement that pursuant to existing law, development review approvals shall not remain valid for the Term of this Development Agreement, but only for the term of such development review approvals. Accordingly, Developer shall have the right to file such new development review applications on portions of the Development where such previously approved development review approvals have expired. Any such new development review 'applications filed for the Development shall be reviewed in accordance with the Plan and Existing Development Regulations. 7. Develop~ent Review. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law and to conduct its development review of any specific improvements proposed for the Development pursuant to the applicable provisions of Chapter 41 of the City's Municipal Code which are in' effect as of the date hereof; provided, however, no such review shall authorize or permit the city to impose any condition and/or withhold approval to any proposed building the result of which would be inconsistent with any term or provision of this Development Agreement, and it is OCl1\DBC\CAL-PAC\CAL-PAC.AG4 5 7~~ : I . '- 754 hereby further provided that the basis for the City's development review shall, to the degree possible, be limited to architectural design and compatibility with the standards and specifications set forth irtttie Plan and the Existing Development Regulations specified in Section 12 of this Agreement. It is further agreed that the City shall in all events provide the reasons for disapproval in the event that the City disapproves any building as proposed. . 8. utility Caoacitv. It is hereby agreed that the city will not undertake any act or neglect to perform any act or duty which would impair or inhibit Developer's receipt of water or sewer service subject only to the payment of fees therefor by Developer. The City hereby represents that it currently has sufficient water and sanitary sewage capacity for the entire development of the Property. Nothing herein shall be construed to limit the City'S ability to impose reasonable conditions on future discretionary approvals which require Developer to install water and sewer lines and appurtenances servicing the Property. 9. Assianment. Developer shall have the right to sell, assign, or transfer all of its interest in the Property along with all of its right, title and interest in and to this Development Agreement to any person, firm or corporation at any time during the term of this Development Agreement without the consent of the city. 10. periodic Review of Comoliance. In accordance with Government Code Section 65865.1, the city council shall review this Development Agreement at least once each calendar year hereafter. At such periodic reviews, Developer must demonstrate its good faith compliance with the terms of this Development Agreement. Developer agrees to furnish such evidence of good faith compliance as the city, in the reasonable exercise of its discretion and after reasonable notice to Developer, may require. Developer shall be deemed to be in good faith compliance with this Development Agreement if the city is not entitled by the terms and provisions of this Development Agreement to terminate this Development Agreement. 11. Amendment or Cancellation. This Development Agreement may be amended or cancelled in whole or in part only by mutual consent of the parties and in the manner provided in Government Code Sections 65868, 65867 and 65867.5. 12. Vesting of Develooment Riahts. (a) General Statement. As a material inducement to Developer and its lenders to continue with diligent efforts to promote the development of the OC11\DBC\CAL-PAC\CAL-PAC.A04 6 7~~4~2 Ii 755. I Property, the city desires to cause all development rights which may be required to develop to completion the Property with buildings and related improvements consistent with the Plan, to be deemed vested in developer, as of the date of this Development Agreement, to the greatest extent permitted by law, and to be free of all discretionary rights of the city or any body or agency thereof, except as herein provided, to impose any subsequent building moratoriums or restrictions on development which are inconsistent with this Development Agreement. r (b) Existing Rules to Govern. In accordance with the terms of Government Code S 65866, the city and Developer agree that the ordinances, rules, regulations and official policies of the City (collectively, the IIExisting Development Regulations") in effect as of the date of this Development Agreement, governing the design, density, permitted land uses, improvement, and construction standards applicable to the Development shall govern during the Term of this Development Agreement. For ease of reference only, a copy of a portion of the Existing Development Regulations is set forth in Exhibit C attached hereto. Except as otherwise provided in this Development Agreement, no amendment to, r~vision'of, or addition to any of the Existing Development Regulations without Developer's written approval, whether adopted or approved by the city councilor any office, board, commission or other Agency of the City, or by the people of the City through charter amendment or initiative measure, shall be effective or enforceable by the city with respect to the Development, its design, grading, construction, remodeling, use or occupancy, schedule of development. (c) Definition of "Existincr Develooment Recrulations". As used herein, "Existing Development Regulations" shall not include municipal laws and regulations which do not conflict with Developer's vested rights to develop and use the Property in accordance with the Plan. Developer and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter. specifically, but without limitation on the foregoing, such non-conflicting laws and regulations include the following: (i) Taxes, assessments, fees and charges; (ii) Building, electrical, mechanical, fire and similar codes based upon uniform codes OCll\DEC\CAL-PAC\CAL-PAC.AGt 7 7~933 : I .756 incorporated by reference into the Santa Ana Municipal Code; (iii) .Laws, inqluding zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; and (iv) Procedural rules. (d) Subseauent "Slow/No Growth" Measures. Consistent with (a) and (b), above, the City and Developer specifically agree that any subsequently enacted . initiatives, referendums, or amendments to the city's General Plan and/or zoning Code which contain "slow/no growth" measures or which by their terms are intended to, or by operation have such effect shall have no application to the Development. Notwithstanding any such measures, the mitigation measures required for the Development are limited to those established by this Development Agreement. 13. ~nvironwental ComDliance. (a) ErR Processina ComDleted. Developer hereby acknowledges that the Development shall be subject to the mitigation measures set forth in the EIR and identified in Exhipit D hereto. To the extent that Developer develops the Development, Developer hereby agrees to implement the various mitigation measures required to be implemented by Developer as specified in Exhibit D. (b) subseauent Environmental Review. In exercising its legiSlative discretion to enter into this Development Agreement and to commit the City to the completion of the Development, the City has reviewed and considered the potential adverse environmental impacts related to all aspects of the contemplated project, including, without limitation, the potential demands the Development will make on local and regional streets, highways, parks and recreation areas, water capacity and water lines, sewer capacity and sewer lines, flood and storm drain systems, and energy conservation, and the effect on school capacity, traffic, pedestrian safety, noise and air quality impacts. The City has further reviewed and considered from a variety of perspectives, and has analyzed pursuant to a variety of assumptions, the projected future regional and cumulative environmental demands that will compete with the Development for available capacities and cumulatively add to potential adverse impacts. In so doing, the City has considered among other things, the possibilities that: OCll\DBC\CAL-PAC\CAL-PAC.A04 8 7~ ! i I' .757 I (i) Federal, local, regional and state plans, if any, for provision of new infrastructure systems or expansion of existing infrastructure systems may be'delayed, modified or abandoned; (ii) The types, intensities, and amount of future regional development may exceed or otherwise be different from that currently being planned by the City and other local agencies; and (iii) Regional and Development generated demands on infrastructure and utility improvements to be constructed as a part of the Development may exceed in either the short run or the long run the allocated capacities for such demands. After assessing these and other potential adverse environmental impacts associated with the development of the Property, the city has imposed mitigation measures through the EIR, and this Development Agreement to the fullest extent the City considers feasible and necessary. The City has determined that phased completion of the Development in the manner contemplated will itself provide the mitigation measures needed to contribute to alleviate short run and long run potential adverse environmental impacts, and that the public benefits of the Development override any potential adverse environmental 'impacts which may arise during the development period; therefore, the City agrees, consistent with California Public Resources Code Section 21166, that no subsequent or supplemental environmental impact report shall be required by the City for the subsequent discretionary approvals except as set forth in said section. r (c) Susan/Sunflower Traffic sianal. Developer shall install a traffic signal at the intersection of Susan street and Sunflower Avenue (the "Sunflower signalll) in accordance with standard traffic signal warrants. Because the Sunflower Signal will benefit other property in the vicinity of the Development, the City shall use its best good faith efforts to enter into an agreement (the "Sunflower Agreementll) with the City of Costa Mesa ("Costa Mesall) (i) requiring Costa Mesa to collect "fair sharell funds (the "Sunflower Funds") from landowners with development projects in the vicinity of the Development (inClUding, but not limited to, the "Metro pointe" project of Arnel Oevelopment company) as a condition to granting any development approvals for such projects, to the extent authorized by law, and (ii) requiring Costa Mesa to transfer to the city all Sunflower Funds collected pursuant to the Sunflower Agreement. In such event, the OCl1\DBC\CAL-PAC\CAL-PAC.AOl 9 7~i935 ! I ... 75-8 city shall transfer all Sunflower Funds to Developer, up to an aggregate amount equal to fifty percent (Sot) of Developer's total cost of installing the Sunflower signal. (d) ~ake Center/MacArthur Traffic Signal. Developer and the City agree that the intersection of Lake Center Drive and MacArthur Boulevard adjacent to the Property may require a traffic signal during the term of this Development Agreement (the "MacArthur signal"). At any time the city determines through traffic monitoring that the MacArthur signal is warranted, the City may, by providing notice to Developer, require Developer to (1) install the MacArthur Signal in accordance with standard traffic signal warrants, or, at Developer's option, (2) pay to the city the cost of installing the MacArthur Signal, in which case the City shall install the signal. To ensure the performance of Developer's obligation, Developer shall post a "faithful performance" bond in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) as a condition to the City's issuance of a certificate of occupancy for the first building on the Property constructed after the effective date of this Agreement. The city shall release the bond at the earlier of (i) the Developer'S completion of installation of the MacArthur Signal, or (ii) six months after Developer provides accurate written notice to the city that the Development is at least ninety percent (90t) occupied, at which time, if the MacArthur Signal has not become warranted, the Developer's obligation to install the MacArthur signal shall be extinguished. 14. Enforcement. Unless amended or cancelled as provided in Paragraph -11, this Development Agreement shall continue to be enforceable by any party to it, notwithstanding a change in general or specific plans, zoning, subdivision, building or other regulations adopted by the city which alter or amend the rules, regulations or policies applicable to the Development. 15. Suoersession of Agreement bv Changes in state or Federal Law. In the event that state or Federal laws or regulations enacted after this Development Agreement have been entered into or the action or inaction of any other affected governmental jurisdiction prevents or precludes compliance with one or more provision of this Development Agreement that requires changes in plans, maps or permits approved by the City, the parties shall: (a) Provide the other party with written notice of such state or Federal restriction, provide a copy of such regulation or policy as a statement of conflict for the provisions of this Development Agreement; and OCll\DBC\CAL-PAC\CAL-PAC.AG& 10 7~jg36 I' . I 759 r (b) Promptly meet and confer with the other party in a good faith and make a reasonable attempt to take such action necessary to protect and preserve the validity and enforceability of this Development Agreement, including modification or suspension of this Development Agreement, only if such action would be ultimately necessary to comply with such Federal or state law or regulation and at the same time woUld protect and preserve the Development Plan contemplated by this Development Agreement. Thereafter, regardless of whether the parties reach agreement on the effect of such Federal or state law regulation upon this Development Agreement, the matter shall be scheduled for a hearing before the city Council, .upon thirty (30) days notice, for the purposes of determining the exact action which is required by such Federal or state law or regulation. 16. Enforced Delav and Extension of Times of Performance. In addition to specific provisions of this Development Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are demonstrated to be due to acts of God, war, acts or omissions of the City, acts or omissions of third parties which are not a party to this Development Agreement, including but not limited to, other governmental agencies, or other causes beyond the reasonable control of Developer. An extension of time in writing for any such cause shall be granted for the period of the enforced delay, or longer as mutually agreed upon, which period shall commence to run from the time of commencement of cause. 17. Notices. Any notice or instrument required to be given or delivered to either party to the Development Agreement may be given or delivered by depositing the same in the United States mail, certified mail, postage prepaid, addressed to: r Developer: City of Santa Ana 20 Civic Center Plaza P.o. Box 1988 Santa Ana, California 92702 Attn: City Manager california Pacific Properties 3070 South Bristol street, Suite 440 Costa Mesa, California 92626 Attn: Mr. Gregory Butcher city: Notice of change of address shall be delivered in the same manner as any other notice provided herein, and shall be effective three days after mailing by the above-described procedure. OCll\DBC\caL-PAC\CAL-PAC.AG4 11 7~i937 II . ' 760 18. Breach and Remedies.' Notwithstanding any provision of this Development Agreement to the contrary, Developer shall not be ,deemed to be in default under this Development Agreement, and the city may not terminate Developer's rights under this Development Agreement unless the City shall have first delivered a written notice of any alleged default to Developer, which shall specify the nature of such default. If such default is not cured by Developer within ninety (90) days of service of such notice of default, or with respect to defaults which cannot be cured within such period, Developer fails to commence to cure the default within thirty (30) days after service of the notice of default, or thereafter fails to diligently pursue the cure of such default until completion, the City may terminate Developer's rights under this Development Agreement. In the event of a default by either party which is not cured within the time prescribed hereinabove, the non-defaulting party may undertake one or more of the following remedies: (a) Terminate this Development Agreement by written notice stating the grounds for such action; or (b) Institute an action for specific performance of this Development Agreement, it being expressly agreed that, in the event of a breach of this Development Agreement, irreparable harm is likely to occur to the non-breaching party and damages are not an available remedy. In no event shall either party to entitled to damages against the other party based upon the other party's default under this Development Agreement. 19. EstoDDel Certificate. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this Development Agreement is in full force and effect and a binding obligation of the parties, (ii) this Development Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Development Agreement, or if in default, to describe therein the nature and amount of any such defaults. The party receiving a request hereunder shall execute and return such certificate within thirty days following the receipt thereof. The City acknowledges that a certificate hereunder may be relied upon by transferees and mortgagees of Developer. 20. Entire AGreement. and the' exhibits herein contain the parties, and is intended by state the Development Agreement This Development Agreement the entire agreement between the parties to completely in full. Any agreement or OC11\DBC\CAL-PAC\CAL-PAC.AG4 12 7~ ! i ~ . '761 representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Development Agreement, is null and void. ..... i I I I I 21. Recordation of Aareement. This Development Agreement and any amendment and cancellation hereof shall be recorded in the Official Records of the County of Orange by the Clerk of the City within the period required by section 65868.5 of the Government Code. 22. Severability. If any term prov~s~on, condition, or covenant of this Development Agreement, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Development Agreement shall be valid and enforceable to the fullest extent permitted by law. 23. Section Headinas. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Development Agreement. 24. Counterparts. This Development Agreement has been executed in one or more counterparts, each of which has been deemed an original, but all of which constitute one and the same instrument. 25. Time of Essence. Time is of the essence in the performance of the provisions of this Development Agreement as to which time is an element. 26. ~. This Development Agreement shall be dated as of the date of adoption of an ordinance of the City approving this Development Agreement, it being understood that such an ordinance shall not have been submitted to the city council for adoption until after the execution of this Development Agreement by Developer. This Development Agreement shall become effective on the date said ordinance becomes effective. I I OCll\DBC\CAL-PAC\CAL-PAC.AG& 13 7~~ 50 49 Ii .. " ~- 762 SIGNATURE PAGE IN WITNESS WHEREOF, the undersigned have executed this Development Agreement as of the day and year first above written. IICity" CITY OF SANTA ANA, a municipal corporation ATTEST: ~_:- Y ~(/ nl.ce C. Guy' city Clerk /~ BY:~ r=t~ D e1''' H. You 9 Mayor ,- Approved to Coriicot rI"-,. ~ City .nager APPROVED AS TO FORM: tf~t&, Esq. City Attorney By: "Developer" OCU\DBC\CAL-PAC\CJlL-PAC.AG4 . 14 7~~ t i 763 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this ~ day of September, 1990, before me, the 1 undersigned, a Notary Public in and for said state, personally appeared GREGORY L. BUTCHER, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as a partner of CALIFORNIA PACIFIC PROPERTIES, the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. 'I i I I I i i WITNESS my hand and OFFICIAL SEAL lORI L WHITE NoIIry Pubfio.ClilornIa ORANGE COUNTY My Comm. &po .. 28, 10113 State of California } ss. ~ t~?1 County of Orange e~~1 ., ~/ _ A ~' On this ~ooA.. day of /~A&PNA - in the year 19'1) ,before me . Clerk of the Council o~l.ll.4I,-nl' /'9. PANl6- . Deputy Clerk of the Council of the City of Santa Ana personally appeared 011.,11 I t'- + .~~ t" c.. C, ;'i( ,personally known to me (or proved to me on the b sis of satisfactory evidence) to be the person who executed this instrument as ~Yd'< Ii.vo e L'A!( ~t: -;I'I{~ ~UNr!!.il_ Of the City of Santa Ana and acknowledged to me thaI the City of Santa Ana executed it. fl., (1KJ.,vf,- ~j)a1 I \ f OCl1\DBC\CAL-PAC\CAL-PAC.AG4 15 ..~"'~: . 7~~ .(., " '7 i 1 i I I i .-r- i I i I EXHIBrr "A" 765 LEGAL DESCRIPTION Parcel 1 Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California as per map recorded in Book 492. Pages 6 through 9 of Miscellaneous Maps, in the Office at the County Recorder of Orange County. Parcel 2 Parcel 1 of a Parcel Map in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 121, Pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of Orange County; EXCEPTING THEREFROM all of Lots 1 and 2 of Tract No, 11420, in the City of Santa Ana. County of Orange, State of California, as per map recorded in Book 492, Pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of Orange County. Parcel 4 Parcels 1 and 2 of Parcel Map No. 84-876 in the City of Santa Ana, County of Orange, State of California, as shown on a map thereof flied in Book 196, Pages 22 through 24 of Parcel Maps, in the Office of the County Recorder of said Orange County. Parcel 5 That certain parcel of land situated in the City of Santa Ana, County of Orange, State of California, being that portion of Parcel 2 as shown on a map tiled in Book 127, Pages 48 and 49 of Parcel Maps in the Office of the County Aecorder of said Orange County lying northerly and northwesterly of the northerly and northwesterly line of Lot 8 of Tract No. 11421 as shown on a map thereat filed in Book 505, Pages 20 through 22 of Miscellaneous Maps in said Office of the Orange County Recorder. 7~~2 .. 76H EXHIBIT B .MAP OJ' PROPERTY The map of the property is set forth in the attached copies of "site Plan and "Existing and Future Buildings." 7~~3 "- 76~ .. Lot 1 Tentative Tract Map 1130 5.583 Acres S-*w_. Soure.: ST.... Inc. s..... lsa Tentlltive Tract Lot 1 Lot 2 Tract Hap 11421 Lot 1 Parcel Hap Parcel m Pareel Tract Ha ., 1I1U:KF Lot 1 p Lot 2 HOT TO ICALI" .....'. Loc 2 Tentative Tract Hap 3.520 A'c res Lot 1 Tract Hap 11421 3.153 Acres Plircel 2 Parcel Hap 84-876 3.150 Acres Lot 2 Tract Hap 11420 6.688 Acres Parcel 1 Parcel Hap 84-816 7.091 Aeres Lot 1 Tract Map 11420 1.722 Acres ~ LEGEND: o EXISTING QUILDING tlf~.il!;di FUTURE BUlL-DING Hap 11308 F lGUAE 1 5.583 Acres 3.520 Acres 3.153 Acres 84-816 1 2 11420 7.091 Acres 3.150 Acres SITE PLAN 1.722 Acres 6.688 Acres ..",,, '7"~~ J .907 Ac r I: S " 768 ~ S"nllawer 5 ...., 7~5 APPROXJ MATE PLAN .. LAKE CEN.TER A PROFESSIONAL OFFICE PARK California Pacific Prooerties Santa Ana N . 0. LEGEND: D_EXISTIN9 ~UILDING fUTURE .BUILOINQ "' 76n" -r EXHIBIT C EXXSTXNG DEVELOPMENT REGULATIONS -- PARTXAL Sec. 41-&70. Standards for approval. Plans for a development project shall be approved if the developmene pro)aot, aA proposed in the plane, 5ati5fies the following standards: (1) The development project is consistent with the general plan and with any applicable specific plan adopted pursuant to California Government Code, section 65450 et seq. (2) The development project is consistent with development design and architectural standards adopted by resolution of the city council. (3) The development project provides for adequate vehicular and pedestrian access and circulation and vehicular parking. (4) The development project provides for adequate access for city emergency and service vehicles and equipment. (5) The development project provides for adequate utility services. (6) The development project complies with all applicable standards and regulations set forth in this chapter, inCluding but not limited to landscaping requirements, trash area enclosures, and screening requirements for loading and parking areas. OCll\DSC\CAL-PAC\CAL-PAC.AO' ili 7RS946 . . . 770 DI~ ~FJ' (Aucus. 1, J~90) JDr.I'!' n LAKE CBftBR. 8PBC:rl'rC DBVBLOP'lDT KI'1'IGA'1'IOH KOBIlfOR.IlIG p~ EARTH RESOURCES 1. Grading shall be conducted by the project applicant in accordance with plans prepared by . civil engineer and based on recommendations of a soil engineer and an engineering geoJopt subsequent 10. the completion of I comprebeDSive son and geologic: invcstiaation Cor lhe proposed .UVdures. PermaDent reproducible copies oC the -Approved IS Bunt- vading plans on standard size sheets shall be furnished by tbe project applicant to the Building DcpartmcnL ", Responsible Party: Prior to grading permit iss~ance 8: during grading operation Grading plan check and periodic field inspection during grading operation Sr. ~ Ian Olcck Engineer, Building Oi\ision Jiminr of ImplementationNerif'icRtion: Method of Verification: Verification ~8mes &: Dates): 2. A complete erosion study shaU be prepared by the project applicant prior to tbe start of any grading activities to minimize the erosion potential created during development, and &rading opcntions by the applicant shaJJ be in conformance with aU City of Santa Ana ordinanc:cs pertaining to grading. J1min~ of ImplementationNerificlItion: Prior to grading permit issuance. and during grading operation Method or Verification: Grading plan check and periodic field inspections Responsible Paf1Y: Sr. Plan 0Kd Engineer, Building Division y~"ficatinn (Name &. Dale): 88SMMP 1 72~7 771- DRAFT (Au&:ust 7, 1990) 3. Possible water erosion during construction shall be mitigated by the installation oC temporary erosion control devicea by the project applicant. as required by the State . Regional Water Quality Control Board. . Timilll of ImplemcntBtionNerific8tion: P.;or to grading pennit Luuance and during grading operation Grading plan check and periodic field inspections Method of Verification: Responsible Party: Sr. Plan Cleek Engineer, Building Division Verification (Name &. Date): 4. Utilization of desiltation dcvices such as sandbags in areas that may discharge into city streets shall be implemented by the project applicant prior to the commencement of grading activities. Timine of ImplementationNcrification: Prior to grading permit issuance Method of Verification: Grading plan check and field inspection Sr. Plan Check Engineer, Building Division Responsible Party: Verification (Name & Date): S. The grading plan prepared by the applicant shall include a description of haul routes, access points to thc sitc, and a watering and sweeping program designed to minimize impacts of haul operations. Timb'i of ImplementationNerificBtion: Prior to approval of any grading permits and implementation during grading phase Grading plan check and periodic field inspections r I I 11 Method of Verification: Rcsponsible Party: Sr. Plan OJeck Engineer. BuDding Dhojsion Verification QJame &. Date): 88SMMP 2 7~i948 .. 772 DRAFT (Aul:ust '. 1990) 6. All structures shall be designed by the applicant in ac:c.ordance with the seismic design provisions of the Uniform Building <;odes to promote safety in the event of an earthquake. . Timine of ImplementationNerification: Prior to approval of any grading permits and implementation dud..g grading phase Method of Verification: Grading plan check and periodic field inspections Responsible Party: Sr. Plan Cleek Engineer, Building Division Verification (Name & Date): WATER 7. Prior to issuance of grading permits, onsile drainage improvement plans prepared by the applicant shall be reviewed and approved by the City of Santa Ana Public Works Department, . and said onsile improvements shall be constructed by the project applicant. Timini of ImplementationNerification: Prior to grading permit issuance Method of Verification: Grading plan check and field inspection Responliiible Parties: Sr. Plan Cleek Engineer, Building Division &. Manager, Engineering Services Verification (Name & Date): 8. AU development within the Santa Ana River floodplain shall be carefully reviewed by the City of Santa Ana to ensure that it is located and designed to minimize potential damage from flooding and to ensure that such development does not endanger other ar~~. TIminr of JrnplementationNerification: Prior to grading permit issuance Method of Verification: Grading plan check and field inspection Sr. Plan Oleek Engineer. Building Division & Manager, Engineering Services Responsible PartIes: Verification (Name & Date): 88SMMP. 3 75~ .773 DRAFf (AuRust 7, 1990) 9. The proposed project shall comply with city standards descn"bed in the General Plan as tbey apply to buildings and parking structures located in a floodplain. Timinr of ImplementarionNerification: Prior to grading permit issuance Method of Verification: Written evidence provided by applicant Sr. Plan OJeck Engineer, Building DiviSion &. Manager. Engineering Services R~ponsible Parti~: Verification (Name &. Date): " NOISE 10. All construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction shall be: permitted on Sundays or federal hollda)~. . Timinf of ImplementationNerification: Prior to grading permit issuance Method of Verification: Grading plan check and field inspection R~nsibl~ Panies: Sr. Plan Cleek Engineer, Building Division Verification (fiame & Date): 11. Where appropriate. construction equipment shall be muffled to reduce construction noise impacLS. Timinr of ImplementationNeritication: Prior to grading permit issuance Method of Verification: Grading plan check, written \'CriCication provided by appliant, and field inspection :; Responsible Parties: Sr. Plan Cleek Engineer. BuDding Division Verification (Name &. D8t~): 88SMMP 4 7RS950 , '."- 'J\: ~ ~,'-'" ! . .< ,774 DRAFT (Au&:ust 7. 1990) 1~, All c:onslruclion activities ,hall comply with atllocal. ,tatc, and federal construction noise regulalions. Timini of ImplcmentationNerification: Prior to grading permit issuance Method of Verification: Written verification from applicant &. field inspection Responsible Panics: Sr. Plan Oeek Engineer,. Building Divisi~n Verification (Name & Dat~): 13. The project applicnat shall use a textured parking surface, such as asphalt or textured concrete in the parking structure to reduce tire noise. Timini of Implcmcn18tionNerification: Prior to building permit issuance Method of Verification: Architectural plans check and field inspection Responsible Parties: Sr. Plan Check Engineer, Building pivision Verification (Name & Date): UGHT AND GLARE 14. All rooftop mounted parking structure lights shall be located and shielded so that all light is contained within the boundaries of the project and no light spillage occurs to adjacent properties. Timini of ImplementBtionNerification: Prior to building permit issuance Method of Verification: Architectural plans check and field inspection Responsible Parties: ' Sr. Plan Check Engineer, Building Division VerificBtion (Name & Date): 885MMP s 7~~ 775 DRAFr (August 7t 1990) 15. All parking strUcture interior lights shaJl be hiah intensity discharge (stem mounted) with no light spillage to adjacent properties. No fluorescent tube fIXtures shall be allowed. . Timinr of Imp)ementationNerifjcation: Method of Verifjcation: Re$ponsible Parties: Verificstion (Name & Date): Prior to building permit issuance Architectural plans check and fjeld inspection Sr. Plan 0Jeck Engineer, BuildinJ Division ., 16. Ught and glare from automobiles within the parking structures shall be screened with solid, opaque wall materials while maintaining all ventilation requirements of the Uniform Building Code. Timin~ of ImplementRtionNerification: Method of Verification: RC$ponsible Parties: Verification (Name & Date): Prior to bunding permit issuance Architectural plans check and field inspection Sr. Plan (1)cck Engineer, Building Division 17. The applicant shall install non-reflective glass windows on the bottom floors of all new buildings. Timin2 of TmplementationNerification: Method of Verification: Responsihle Parties: T i Verification (Name &. Date): I I I i i 88SMMP 6 7~4P2 Prior to building permit issuance Architectural plans check and field inspection Sr. Plan (1)eck Engineer, Building Division . .7.76 DRAI'" (Au&,:ust 7, 1990) TRAFFlClCIRCULA nON 18. With thc first building permit for thc proposed project, the project applicant shall construct 8 traffic signal at the intcrsection DC Susan Street/Sunnower Avenue in accordance with standard traffic signal warrants. Under the terms of a pending reimbursement agreement between the cities of Santa Ana and Costa Mesa. the project applicant shall install, and provide initial costs for, this traffic signal but shall eventually be reimbursed Cor all but thc .Cair sharc. of the signal costs associated with the proposed Lakc Centcr project. Timinr of ImplementationNerification: Concurrent with first building permit construction " Method of Verification: Improvements plan check and field inspection Responl'ible Parties: Verification (Name & Date): Manager, Enginecring Scrvices 19. The projcct applicant shall install multiway (4-way) "stop" signage at the intersection of Lakc Center and Susan Strcet. . Timini of ImplemenlationNerification: Prior to first building permit issuance Method of Verification: Improvements plan check and field inspection Responsible Parties: Sr. Plan Check Engineer. Building Division & Manager, Engineer Services Verification (Name & Date): 20. Thc project applicant shall post a faithful performance bond [or thc future installation of a traffic signal at Lakc Center and MacArthur Boulevard. This intersection shall be monitored as thc project is constructed for satisfaction of signal warrant requirements and the signal shall be installed as warranted. Timine of ImplementationNerification: Prior to grading permit issuance Method of Verification: Wriuen evidence provided by applicant Re.~pon~ihle Panies: Sr. Plan Cleek Engineer. Building Division . &. Manager, Enginecr Services Verification ()lame & Date): 885MMP 7 7~4P3 777 DRAFT (AulDst 7, 1990) 21. The project applicant shall pay the Oty of Santa Ana transportation system improvement fees which contribute funding towards needed areawide transportation improvements. 1 I i i TimiD' of ImplemcntationNcrification: Prior to grading permit issuance R~poDsible Panies: Written evidence provided by applicant &. City Manager's Office Sr. Plan Clcck Engineer. Building Division &. Managec. Engineer Services Method of Verification: Verification (Name &. Date): ", 22. The project applicant shall provide plans for and install a bus stop shelter at the existing bus stop location at Susan StreetJSunfiowcr Avenue in accordance with Orange County Transit District standards. Said plans shall be reviewed and approved by the City of Santa Ana and OCID prior to issuance of building permits. Timine- of ImplementationNerific8tion: Prior to building permit issuance Method of Verification: Written evidence provided by applicant & oern Responsible Parties: Sr. Plan Check Engineer, Building Division & Manager. Engineering Services Verification (J'olame &. Date): 23. The project applicant shan implement the proposed Transportation Demand Management (1DM) Plan for the new development proposed within lhct.akc Center specific development area. The roM Plan shall be administered by an onsite coordinator who shall be tbe responsibility of the property owner. Timinr of Implcment8tionNerification: Ongoing during life of project .,- I I ! i ; Method of Verification: Written evidence provided by applicant on an annual basis Re$}..>nsible Parties: Manager. Engineering Services" Manager, Planning Department Verification (Name" Dale): G:88SMMP.BB 8 7~ '. '778 DRAFf (Au&ust '. 1990) 24. Ughting plans prepared by the project applicant shall be revised and approved by the City or Santa Ana prior to building permit issuance to ensure that pedestrian ac:ccss routes to the bus stop at SunOowet and Susan Irc adequately illuminated. Timinr or Imptement8tionNerification: Prior to building permit issuance Method of Verification: Plan check and field inspection Re$ponsibJe Parties: Managet, Engineering Services &. Sr. Plan Check Engineer, Building Division Verification (Name &. Date): .. 25. A stop sign shall be installed by the project applicant at aJl driveway locations to control outbound traffic Dows. The City of Santa Ana Public Works Department shall review and approve placement of stop signs prior to issuance or building permits. Timinr of JmplementationNerification: Prior to building permit issuance Method of Verification: Improvements plan check and field inspection R~ponsible Parties: Manager. Engineering Services &. Sr. Plan Check Engineer, Building Division . Verification (Name & Date): 26. Landscape plantings and signs shall be limited by the project applicant to 36 inches in height y,ithin 25 feet of project drivcwa)'S to ensure good visibility. The City of Santa Ana Planning Department shall review Bnd approve landscape plans prior to issuance of grading permits. Timinr of ImplementationNerification: Prior to buDding permit issuance Method of Verification: Landscape plans cheek and field inspection Responsible Parties: Manager, Engineering Services &. Sr. Plan Check Engineer. Building Division Verification (Name &: Date): 885MMP 9 7~ag-55 ,77B DRAFr (August 7, 1990) 27. To ensure smooth traffic operations for vehicles entering and exiling the site, a striped median shall be provided by the project 8!,plicant on Susan Street. The City of Santa Ana Public Works Department shall review and approve onsite roadway improvements . prior to issuance oC building permits. I Timinr of Implement8tionNerific8tion: Prior to building permit issuance Method of Verification: Improvements plan check and field inspection Responsible Parties: Manager, Engineering Services & Sr. Plan Check Engineer, Building Division " Verification ~ame &. Date): Am QUALITY 28. The applicant shall implement fugitive dust suppression measures in accordance with South Coast Air Quality Management District's Rule 403. Implementation of these measures shall be monitored and reported to the City of Santa Ana. Timini of ImplementationNerification: Prior to grading perm~t issuance Method of Verification: Grading plan check aDd field inspection Responsible Parties: Sr. Plan Check Engineer, Building Division Verification (Name & Date): 29. Prior to the issuance of building permits Cor any new industrial uses, the applicant shall provide evidence to the City of Santa Ana demonstrating compliance with all SCAOMD Regulations, including Regulation XIll, New Source Review, as applicable. Timin~ of ImplementationNerification: Prior to building permit issuance r Method of Verification: Written evidence provided by applicant R~))Onsihle Parties: Sr. Plan Cbcck Engineer. Building Division Verification (Name & Date): 88SMMP 10 7~ " II .- 780 PUBLIC SERVICES, UTILITIES AND ENERGY CONSUMPTION DRAFT (Aul:ust " 1990) Polices Senicf's 30. Lighting of the project site ,haU comply with the Santa Ana Security Ordinance. Liahlina plan, shall be reviewed and approved by lhe City of Santa Ana prior to isslJance of building permits. Timinr of ImplementationNerification: Method of Verification: Re$ponsible Parties: Verification (Name & Date): Prior to building permit issuance Architectural plans check and field inspection Sr. Plan Cleck Engineer, Building Division 31. Requirements for private security systems shan be determined by the City of Santa Ana Building Department prior to issuance of occupancy permits, and shaH be installed by the project applicant accordingly. TImini of ImplementationNerification: Method of VerificBtion: Responsible Parties: Verification (Name &. Date): Fire Protection Services Prior to issuance of cenificates of occupancy Architectural plans check and final inspection Sr. Plan Cleek EnginCCl Building Division 32. The project applicant shall pay an area fee to the city based on an area fee allotment formula for acquisition oC fire department personnel and equipment. Timinr of ImplementationNerification: Method of Verification: RC$pon~ibJc PaTties: Verification (Name & Date): 885~.fMP 11 7-iSg-57 Prior to building permit issuance Written verification Crom City Manager's office Sr. Plan OJeck Engineer. Building Division &. Fue Department ,. DMIT (August 7, 1990) 781 r j 33. As determined by the City of Santa Ana, the project applicant shall provide funds to hire an additional Fire Safety Analyst for that period oC time Crom initial plan submittal to IIpproval or final tenant improvement plan, or provide an independent fire plan check company (approved by the Santa Ana Fire Department) to do the fire plan . check for this project. Timinf of ImplementBtionNerificalion: Prior to tentative tract map submittal Method or Verification: Wriuen verification from City Manager's office Responsible Parties: Sr. Plan OJeck Engineer, Bunding Division &. Fife Department, Plan Review Manager Verification (Name &. Date): 34. As determined by the City of Santa Ana., the project applicant shall provide funds to h~: e an additional Fire Safety Specialist II for that period of time from laying of foundations to the Certificate DC Occupancy Cor the final lenant improvement plan. TIminr of ImplementationNerification: Prior to final tract map submittal Method of Verification: Written verification from City Manager's office Responsible Pa.rties: Sr. Plan Cbcck Engineer, BuDding Division & Fire Depanment, Plan Review Manager Verification (Name & Date): 35. Prior to building permit issuance. tbe City of Santa Ana shall require that the project plans include built-in fire protection in individual buildings when circulated fire flow exceeds 3.soo gallons per minute. Timinr of ImplementationNerific8tion: Prior to building permit issuance "I I i , i Method of Verification: Building plans check and field inspection Sr. Plan Cled Engineer. Building Division &. Fire Depanment, Plan Review Manager Responsihle Parties: Verification (Name & Date): 88SMMP 12 75Jih-5a ; . ". < . I 7'82 l;, ~ DRAFT (Aucust 7, 1990) 36. Prior to building permit issuance landscape plans shall be reviewed and approved by the City oC Santa Ana to confirm that landscaping materials include fire-retardant plant species. Timinr of ImplementationNcrification: Method of Verification: RCliponsible Parties: Verification (Name & Date): Prior to building permit issuance Landscape plans check and field inspection Sr. Plan Cicek Engineer. Building Division &. FlJ'e Department, Plan Review Manager " 37, Prior to building permit issuance. the City of Santa Ana shall require that the project plans include use oC fire-retardant building materials. Timinf of ImplementationNerification: Method of Verification: Responsible Parties: Verification (Name &. Date): Utilities Prior to building permit issuance Architectural plans check and field inspection Sr. Plan Cleek Engineer. Building Division &. Fife Department, Plan Review Manager 38. Reinforcement of onsite telephone facUities shall be. implemented by the project applicant. Onsite telephone facilities intended for acceptance by Pacific Bell shall be built to Pacific: Bell specifications. Timini of ImplementationNerification: Method of Verification: Responsible Parties: Verification (Name &. Date.): 88SMMP 75Sl59 13 Prior to building permit issuance Improvements plan check and written verification from Pacific Bell Sr. Plan Cht:Ck Engineer, BuildingDivision .: .;. , t'T , i Ii ! II i i i) DMIT (Aueust 7, 1990) 783- 39. Prior to building permit issuance, the project applicant shall consult with Southern California Edision (SeE) and Southern California Gas (SeG) representatives to ensure the proposed project design is compatible with existin& electrical and natural gas . services, respectively, and 10 reduce impacts of possible short.term outages to existing customers during construction. Timinr of IrnpJementBtionNerific8tion: Prior to building permit issuance Method of Verification: Improvements plan check and written verification from Southern California Edision and Southern California Gas Responsible Panies: Sr. Plan Qedc Engineer, BuDding DiviSion Verification (Name &. DatCV= 40. Prior to issuance of building permits, the City of Santa Ana shall determine through plan revic:v.'S that installation by the project applicant of needed onsite electrical and natural gas systems to serve the project shall be coordinated with installation of other utilities. Timil1i of ImpJementationNerification; Prior to building permit issuance Method of Verification; Improvements plan check and field inspection Re$ponsible Panics; Sr. Plan DIeck Engineert Building Division &. Manager, Engineer Services Verification O'lame &. Date): 41. Prior to issuance or building permits. tbe City of Santa Ana shaH determine through plan reviews that aU buiJdinas constructed by.the project applicant within tbe project site shall adhere to the State Title 24 energy standards. which set r 0 rt h e D e r gy conservation requirements. TIml"' of lrnplementationNerification: Prior to building permit issuance Method of Verification: Building and architectural plan checks and field inspection Responsible Parties: Sr. Plan Cleek Engineer, BuDding Division Verification (J'Jame &. Date): 88SMMP 14 7e&-60 , :: ~84 DRAFT (August 7, 1990) 42. Prior 10 issuance of building permits, the City or Santa Ana shall determine through plan rcvie\\'S that all appliances to be bUtalled b~' the project applicant within the project site shan be energy efficient in accordance with the California Administrative . Code, Title 20, Chapter 2, Subchapter 4, Article 4. Timinr of ImplemenlationNerificatiQn: Prior to building permit issuance Method of Verifica\ion: Building and architectural plan checks and field inspection Responsible Parties: Sr. Plan Check Engineer, Building Division Verification (:Name &. Date): 43. The project applicant shall consult with SeE and sea concerning energy conservation programs that could be incorporated into the project during construction. Timin( of ImplementationNeritic8tion: Prior to buiJding permit issuance Method of Verification: Written verification from Southern California Edision &. Southern California Gas R~ponsihle Parties: Sr. Plan Check Engineer, Building Division Verification (Name & Date): 44. Prior to building permit issuance, plans for private onsite water supply facilities to serve the project (fire hydrants and water lines) shall be reviewed and approved by the City of Santa Ana Public Works Department, and shall be installed subsequently by the project applicant. Timinr of ImplementationNerific8tion: Prior to building permit issuance Method of Verification: Improvements plan check and field inspection Responsible Parties: Sr. Plan 01eck Engineer. Building Division & Manager, Engineer Services Verification (Name & Dat~): 885MMP 15 1.5&&1 \. DRAFT (Au&usC " 1990) .' 785' 45. Prior to building permit issuance, the City of Santa Ana Public Works Department shall determine chac waler conservation measures are incorporated into the site design in accordance with app]~ble state and city statutes and policies, including the use of low-nush toiJeLs, low-now faucets, self.closing valves on drinking fountains. water . pressure-reducing valvcst low-waler-using plants in landscaping, and efficient landscape irrigation systems that minimize run~rr and evaporation and maximize water reaching plant roots. .--- , i " i I i i j I i! Timin, of ImplementlltionNerification: Prior to building permit issuance Method of Verification: Landscape plan check and building (plumbing) plan check and field inspection . RC$ponsible PaTties: Sr. Plan Cleek Engineer, Building Division 8:. Manager, Engineer Services Verification (Name &:. Date): 46. Prior to building permit issuance, onsite wastewater collection facilities needed to serve the project shall be reviewed and approved by the City of Santa Ana Public Works Department and shaJJ be instalJed by the project applicant. Timinr of ImplementationNerificBtion: Prior to bUJlding permit issuan::c Method of Verification: Improvements plan check and field inspection Responsible Parties: Sr. Plan Check Engineer, BuDding Division 8:. Manager, Engineer Services Verification (Name &. Date): 47. Prior to building permit issuance, site plans shall be reviewed by the City of Santa Ana Public Works Depanment to verify that adequate space is provided onsite for recycling receptacles.. ".-- Ii I j I ! Timill' of ImplementationNerification: Prior to building permit issuance .M~thod of Verification: Building plans check and field inspection RespondbJe Panics: Sr. Plan O1eck Engineer, Building Division &. Manager, Engineer Services Verification (Name & DaJe): 885MMP 16 7.5S962 , - ....-.. ~ i',8H ~ ", DRAFr (Aultust 7, 1990) AITACHMENT B MmGATlON MONITORING PLAN SAMPLE COMPLIANCE VERIFICATION FORM ~, .(Earth, Waler, Traffic. etc.) Mitigation Measure: /I _ Impact Issue: Location: Onsile Offsite Administrative Proj~t Phase: Design Construction . Operati~n Description or Activity/Melhod or Implementation: Disposition: Mitigation measure for the above-noted project phase impk Dented. No furlher action is required. Mitigation measure for the above-noted project phase is not fully implemented. Funber acdon required. (Please explain below) . The mitigation measure for the above-noted project phase is not in compliance. Further action required. (Please explain below) CommentslRevisions: Completed by: Name: Title: Date: G:LCMMP.BB ~, Approved by: Name: Title: 'Date: '-- 7 SBr03 ORDINANCE NO. NS-2688 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND C.J. SEGERSTROM AND SONS FOR THE PROPERTY LOCATED GENERALLY AT 3500 WEST LAKE CENTER DRIVE THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. Pursuant to these Sections, an amendment to a Development Agreement may only be entered into after following the same procedure used in entering into an initial Development Agreement. B. The City and California Pacific Properties, a California general partnership, have previously entered into a Development Agreement dated October 15 1990, recorded as Document No. 90-625289 with the Recorder of the County of Orange (hereafter referred to as the "Development Agreement"). On February 23, 1995, a portion of the property covered by the Development Agreement was transferred to C,J. Segerstrom and Sons, by Grant Deed recorded as Document No. 95 0099264 with the Recorder of the County of Orange. This Amendment relates solely to the property described in said Grant Deed which is owned by C.J. Segerstrom and Sons. The term of the original Development Agreement is fifteen (15) years. C. C.J. Segerstrom and Sons has applied to amend the Development Agreement between the parties to extend the Development Agreement's term by adding an additional ten (10) years, for a total of twenty-five (25) years from and after the date of execution of the original Development Agreement (subject to express exceptions noted in the Development Agreement). D. The City enters into this amendment to the Development Agreement pursuant to the provisions of the Government Code and applicable City policies. Ordinance No. NS-2688 Page 1 of 3 758-64 E. The Planning Commission has, following a duly noticed public hearing, on April 25, 2005, recommended approval of this Development Agreement. F. Entering into this Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the project developer to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. G. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. H. This project has been found to be exempt from the provisions of the California Environmental Quality Act and a notice of exemption shall be filed in relation thereto. SECTION 2: The amendment to the Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City. The Clerk of the Council is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2005 Miguel A. Pulido Mayor Ordinance No. NS-2688 Page 2 758-65 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2688 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-2688 Page 3 of 3 758-66 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 ATfN: Clerk of the Council FREE RECORDING GOVERNMENT CODE ~ 6103 FIRST AMENDMENf TO DEVELOPMENf AGREEMENf THIS AMENDMENT is made and entered into this _ day of , 2005, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and C.J. SEGERSTROM & SONS, a California general partnership ("Developer"). City and Developer hereby agree as follows: A. City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Developer in the development process. City enters into the Amendment pursuant to the provisions of the Government Code and applicable City policies. B. The City and California Pacific Properties, a California general partnership, have previously entered into a Development Agreement dated October 15 1990, recorded as Document No. 90-625289 with the Recorder of the County of Orange (hereafterreferred to as the "Development Agreement"). On February 23, 1995, a portion of the property covered by the Development Agreement was transferred to Developer, by Grant Deed recorded as Document No. 95-0099264 with the Recorder ofthe County of Orange This Amendment relates solely to the property described in said Grant Deed which is owned by Developer, C. The City and Developer wish to amend the Development Agreement between the parties to extend the Development Agreement's term, which is originally of fifteen (15) years, by adding an additional ten (10) years, for a total of twenty- five (25) years from and after the date of execution of the Development Agreement (subject to express exceptions noted in the Development Agreement). D. The parties hereto acknowledge the following: (I) This Amendment is intended to assure adequate public facilities at the time of development. 1 758-67 (2) This Amendment is intended to assure development in accordance with City's General Plan, applicable Specific Design Zoning and Capital Improvement Plan. (3) This Amendment will permit achievement of goals and objectives as reflected in the City's General Plan and all applicable Specific Design Zoning. (4) Developer is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process. (5) This Amendment will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) Many of the extraordinary and significant benefits identified as consideration to City for entering into this Amendment represent benefits which would not otherwise be required as part of the development process. . F. On April 25, 2005, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Developer's application for this Amendment. The Planning Commission recommended to the City Council of City that it execute this Amendment. On ,2005, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Developer's application for this Amendment. G. Property Affected hy this Agreement. This Amendment pertains solely to the property as illustrated in Exhibit "A-I and described in Exhibit "A-2 to this Amendment, which are incorporated herein by this reference as though fully set forth. In case of any discrepancy between Exhibit "A-l and Exhibit "A-2 , the parties agree and acknowledge that Exhibit "A-2 shall prevail in full. H. Term. Section 4 of the Development Agreement is hereby amended to read, in its entirety, as follows: 4. Term. (a) The term ("Term") of this Development Agreement is twenty-five (25) years from the date of execution, subject to earlier termination as hereinafter provided. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, any tentative Subdivision Map approval for the Property shall also be extended for a period equal to the period this Agreement remains in effect. 2 758-68 I. Effect of Amendment. Exhibits "A-I and "A-2 to this Amendment shall supercede and replace Exhibit "A" to the Development Agreement. Except as necessary to implement the intent of this Amendment, the Development Agreement shall remain in full force and effect. In the event of a conflict, terms contained herein shall prevail over conflicting provisions of the Development Agreement. J. Effective Date lJnchanged. The parties to this Amendment further agree that the effective date of the Development Agreement, set forth in paragraph 26 therein, is unaffected by this Amendment to the Development Agreement. IN WIlNESS WHEREOF, the Parties have executed this Amendment the day and year first above written. ATTEST: CIlY OF SANTA ANA, a charter city and municipal corporation Patricia E. Healy Clerk ofthe Council By David N. Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher City Attorney CJ. SEGERSTROM & SONS, a California general partnership, By Benjamin Kaufinan Chief Assistant City Attorney By: Henry T. Segerstrom Management LLC, a California limited liability company, Manager Approved as to Fonn. Latham & Watkins LLP B~~ By: HTS Management Co., Inc., a California corporation M~ J By:. oily ~eAJi; Title: Senior Vice President 3 758-69 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ) s.s. County of Orange ) On May 3, 2005 before me, Karen G. Wholey, Notary Public, personally appeared Henry T. Segerstrom, personally know to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument ~ KAREN G. WHOLEY - Commission" 1353094 i " - Nota6~~:cCo~~~ornia 1~ ~ M)r C<<rlm, ~Irw May 04, 2006 K - - - -- -- -- ........ -- -- -- -- ...... - State of California) ss County of Orange) On May 3, 2005, before me, Karen G. Wholey, Notary Public, personally appeared Sally E. Segerstrom, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. i-------------......---- ~ KAREN G. WHOLEY _ Commiuion t 1353094 ~ ~. Notary Public. California ~ ~ Orange County f _ _ _ ~:o:m~~":.-~~2~ OPTIONAL CAPACITY CLAIMED BY SIGNERS Partners: 0 Limited 0 General [gJ Managing C.J. Segerstrom & Sons, by Henry T. Segerstrom Management LLC. Signers are representing: HTS Management Co., Inc, DESCRIPTION OF ATTACHED DOCUMENT Title or type of document: Number of pages: (excluding loose certificates) Date of document: Signer(s) other than named above: 758-70 ~ Notary Public in and for said State 5 , . 758-71 A ~; 11.I <I) ~ Q ~ 11.I CI: 'l: ~ .. 'l: It .... <I) :;) .. C 'l: ~ U It .. <0: 1&1 (j It ~ Z III :I c( :J ~ en 0 :;) u.s. POSTAL (.) 0 en CENTER u SUNFLOWER AVENUE iA gy r Clly of Cost. M... AMENDMENT TO DA 90-3 C.J. SEGERSTROM AND SONS 3500 WEST LAKE CENTER DRIVE I . I SEGERSTROM PROPERTfES ---I I SO-58 --- PLANNING AND BUILDING AGE N C Y EXHIBIT "A-1" 758-72 Exhibit "A-2 Legal Description All that certain real property located in the City of Santa Ana, County of Orange, State of California, and more particularly described as follows: Parcel A (Undeveloped Land): Parcell, in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 121, pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights,. but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Parcel B (Undeveloped Land): Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel C (Undeveloped Land): Parcel 2 of Parcel Map No. 84-876, in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 196, pages 22,23 and 24 of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. 1 758-73 " Parcel D (Developed Land): Parcell of Parcel Map No. 84-876, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel E (private Street and Driveway) Lots A, B and C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps, . in the Office of the County Recorder of said County. 2 758-74 -