HomeMy WebLinkAbout FULL PACKET_2005-07-05
PJC/5-31-05
ORDINANCE NO. NS-2689
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTION 36-488
OF THE SANTA ANA MUNICIPAL CODE RELATING
TO DISPLAY OF PERMITS
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. Currently, Section 36-488 requires a parking permit to be
permanently affixed to the left rear bumper of a vehicle.
1. Due to the potential damage such affixation can cause to
vehicle bumpers it is appropriate to amend the code to allow
permit parking residents to affix their parking permit to either
the left rear bumper or the left rear window of a vehicle.
B. 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 36-488 of the Santa Ana Municipal Code is hereby amended
to allow parking permit district residents to affix their parking permit to either the left rear
bumper or the left rear window of a vehicle:
Sec. 36-488. Display of permits.
(a) A parking permit issued pursuant to this article (other than a guest
parking permit) shall be permanently affixed to either the left rear
bumper or the left rear window of the vehicle for which it was
issued.
Ordinance No. NS-2689
Page 1 of 3
11 A-1
(b) Guest parking permits shall be displayed face-up on the left front
dashboard of the vehicle for which it was issued.
Section 3. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council of the City of Santa Ana
hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Paula J. Coleman
Assistant City Attorney
AYES: Councilmembers
NOES: Council members
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS-2689
Page 2 of 3
11 A-2
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2689 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
11A-3
Ordinance No. NS-2689
Page 3 of 3
11A-4
ORDINANCE NO. NS-2690
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING THE HUTTON CENTRE MIXED
USE SPECIFIC DEVELOPMENT DISTRICT (SD-76) AND
REZONING THE PROPERTY LOCATED AT 1-7 AND 9-11
EAST HUTTON CENTER DRIVE AND 101, 200, 201 AND
203 EAST SANDPOINTE AVENUE FROM GENERAL
COMMERCIAL (C2) ZONING DISTRICT TO HUTTON
CENTRE MIXED USE SPECIFIC DEVELOPMENT DISTRICT
(SD-76) (M NO. 2005-01)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The Applicant is requesting approval of an amendment application, five
conditional use permits, a development agreement, three tentative tract
maps and four variances to allow the construction of three residential high
rise buildings with 500 condominium units, a four to six-story condominium
project with 276 units, a five story mixed-use building with 15 residential
units and 10,000 square feet of office space and 14,000 square feet of retail
and restaurant spaces at 1, 9 and 10 East Hutton Centre Drive and 101 East
Sandpointe Avenue.
B. On May 23, 2005, the Planning Commission held a duly noticed public
hearing and unanimously voted to recommend that the City Council:
1. Adopt a resolution certifying Final Environmental Impact Report No.
2004-02 and approve the mitigation monitoring program and
statement of overriding considerations for the MacArthur Place South
project.
2. Adopt an ordinance approving Amendment Application No. 2005-01.
3. Adopt an ordinance approving Development Agreement No. 2005-02.
4. Adopt a resolution approving Conditional Use Permit No. 2005-10 as
conditioned for the Lake Towers residential project.
5. Adopt a resolution approving Conditional Use Permit No. 2005-11 as
conditioned for the Cinema Tower and Loft residential projects.
6. Adopt a resolution approving Conditional Use Permit No. 2005-12 as
conditioned for the Cinema Retail project.
11 B-1
7. Adopt a resolution approving Conditional Use Permit No. 2005-13 as
conditioned for the Cinema Restaurant project.
8. Adopt a resolution approving Conditional Use Permit No. 2005-15 as
conditioned for the Integral residential project.
9. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
02 (County Map No. 16621) as conditioned for the Integral project.
10. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
03 (County Map No. 16622) as conditioned for the Cinema Tower
and Loft projects.
11. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-
04 (County Map No. 16626) as conditioned for the Lake Towers
project.
12. Adopt a resolution approving Variance No. 2005-05 as conditioned to
allow a reduction in setbacks for the Lake Towers project.
13. Adopt a resolution approving Variance No. 2005-07 as conditioned
for a reduction in parking and tandem parking for the Lake Towers
project.
14. Adopt a resolution approving Variance No. 2005-10 as conditioned
for a reduction in parking for the Cinema residential, retail and
restaurant uses and to allow tandem parking.
15. Adopt a resolution approving Variance No. 2005-12 as conditioned to
allow tandem parking for the Integral condominium project.
C. On June 20, 2005 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written and
oral.
D. Amendment Application No. 2005-01 has been filed with the City of Santa
Ana to adopt the Hutton Centre Mixed Use Specific Development District
(SD-76) and to rezone the properties located at 1-7 and 9-11 E. Hutton
Centre Drive, 101, 200, 201 and 203 E. Sandpointe Avenue from General
Commercial (C2) Zoning District to Hutton Centre Mixed Use Specific
Development District (SD-76) (M NO. 2005-01)
1. SD-76 would create two zones.
a. Zone 1 would allow professional, business and administrative
offices; museum, libraries and galleries; retail and service
uses; restaurants, cafes and eating establishments other than
those specified in section 41-365.5; coffee houses, tea houses
and bakeries; theaters (with a Conditional Use Permit);
Hotels (with a Conditional Use Permit); child care facilities
11 B-2
(with a Conditional Use Permit); nightclubs, bars and indoor
entertainment (with a Conditional Use Permit);
establishments selling alcoholic beverages (with a
Conditional Use Permit); banquet facilities (with a
Conditional Use Permit); and health clubs (with a
Conditional Use Permit).
b. Zone 2 would allow professional, business and administrative
offices; museum, libraries and galleries; nightclubs, bars and
indoor entertainment (with a Conditional Use Permit);
establishments selling alcoholic beverages (with a
Conditional Use Permit); banquet facilities (with a
Conditional Use Permit); multi-family residential uses (with
a Conditional Use Permit); Live/work communities in
compliance with the standards (with a Conditional Use
Permit); outdoor farmers markets (with a Conditional Use
Permit); full service cafes and restaurants (with a
Conditional Use Permit); coffee houses, tea houses and
bakeries (with a Conditional Use Permit); theaters (with a
Conditional Use Permit); health clubs (with a Conditional
Use Permit); and retail and service uses (with a Conditional
Use Permit).
2. Amendment Application No. 2005-01 is consistent with the General
Plan, including but not limited to its goals and policies to:
a. Promote the balance of land uses to address basic community
needs. Land Use Element Goal No. 1.0.
b. Promote land uses which enhance the City's economic and
fiscal viability. Land Use Element Goal No. 2.0.
c. Support developments that create a business environment
that is safe and attractive. Land Use Element Policy No. 2.8.
d. Enhance development sites and districts which are unique
community assets that enhance the quality of life. Land Use
Element Goal No. 4.0.
3. The City Council has weighed and balanced the general plan's
policies and has determined that based upon this balancing that the
MacArthur Place South project is consistent with the purpose of the
general plan.
4. The City Council also adopts as findings all facts presented in the
Requests for Council Action dated June 20, 2005 accompanying this
matter.
5. For these reasons, and each of them, Amendment Application No.
2005-01 is hereby found and determined to be consistent with the
General Plan of the City of Santa Ana and otherwise justified by the
public necessity, convenience, and general welfare.
11 B-3
E. Final Environmental Impact Report No. 2004-02, the Mitigation Monitoring
Program, and the Statement of Overriding Considerations which came
before the City Council on June 20, 2005. At the June 20, 2005 meeting,
the City Council also adopted an ordinance rezoning the property (M No.
2005-01), a resolution approving Conditional Use Permits (Numbers 2005-
10, 2005-11, 2005-12, 2005-13, 2005-15), Vesting Tentative Tract Maps
(Numbers 2005-02, 2005-03, 2005-04), and Variances (Numbers 2005-05,
2005-07, 2005-10, 2005-12). This resolution incorporates by reference, as
though fully set forth herein, the ordinance and resolutions and said Final
Environmental Impact Report, Mitigation Monitoring Program, and Statement
of Overriding Considerations, and all of their respective facts, findings and
conclusions in support of this ordinance and the findings made herein.
Section 2. Section 41-610 of the Santa Ana Municipal Code is amended to read
in full as follows (new language in bold deleted language in strikeout):
Sec. 41-610. Wall and fence requirements in the residential zones
(a) All walls and fences located in the RE, R1, R2, R3, R4, and at any residential
use in a specific development zoning district, excluding SD-19 and SD-76, shall not
exceed the following:
(1) Front yard fences four (4) feet in height on those streets defined and
designated in the circulation element of the city's general plan as arterial
streets and three (3) feet in height on all other streets, measured from the
top of the curb or established grade upward.
(2) All other walls and fences shall not exceed eight (8) feet in height, measured
from the top of the curb or established grade upward.
(3) In other districts, walls and fences shall not exceed ten (10) feet in height,
and shall not exceed four (4) feet in height where the wall or fence extends
into the required front yard or any required landscaped area.
(b) In the RE, R1, R2, R3, R4, and at any residential use in a specific
development zoning district, excluding SD-19 and SD-76, no front yard fence over
eighteen (18) inches in height shall be constructed without the issuance of a permit
therefore by the planning and building agency. The permit shall be issued if the fence
conforms to the following provisions:
(1) Front yard fences shall be composed of only the following materials: wood;
wrought iron; tubular steel, stone; brick; stucco; or decorative block such as
slump stone or split-faced block:
(2) Spikes, stakes or other sharp metal objects shall not be permitted;
(3) Arbors located in the required front yard or required landscaped area shall
only be permitted over walkways, and shall not exceed ten (10) feet in
height, six (6) feet in width and three (3) feet in depth.
(c) Any wall or fence expressly permitted by this section or any other section of
this chapter shall comply with the provisions set forth in chapter 36 of this Code.
(d) In the RE, R1, R2, R3, R4, and at any residential use in a specific
11 B-4
development zoning district, excluding SD-19, chain link fencing material is not permitted
except in a rear yard or side yard which is not viewable from a public street.
(e) In the RE, R1, R2, R3, R4, and at any residential use in a specific
development zoning district, excluding SD-19, barbed wire is not permitted as part of a
wall or fence.
Fence or wall shall mean a barrier which serves to enclose, divide, or protect
an area, or is used to prevent intrusion from the outside of a parcel to the
interior of such parcel, exclusive of any such barrier which forms part of a
building or structure.
Front yard fence shall mean a fence or wall (as defined in this section) within
the required front yard or any required landscape area of a parcel, built from
permitted materials and designed and constructed so as to permit visibility
between or through fence elements over eighteen (18) inches in height.
Those portions of the front yard fence eighteen (18) inches in height and
lower may be constructed of opaque or solid materials. Elements over
eighteen (18) inches in height shall be spaced no closer than four (4) inches
apart, with each member no wider than four (4) inches across. Elements
wider than four (4) inches across shall be considered pilasters. Pilasters may
be no wider than sixteen (16) inches across, and may be no closer than
eight (8) feet on center. except for pilasters supporting a four-foot wide
maximum entry gate.
Barbed wire includes both straight-line and looped ("concertina") varieties.
Public street does not include alleys.
Arbor means a decorative framework or structure formed of vines, branches,
or lattice work.
Section 3. The real properties located at 1-7 and 9-11 East Hutton Centre
Drive, 101, 200, 201 and 203 East Sandpointe Avenue are hereby reclassified from
General Commercial (C2) zoning district to Hutton Centre Mixed Use Specific
Development District (SD-76). Amended Sectional District Map number 31-5-9 showing
the above described change in use district designation, is hereby approved and attached
hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein.
(M No. 2004-01).
Section 4. Hutton Centre Mixed Use Specific Development District (SD-76) as
set forth in Exhibit "B", attached hereto and incorporated as though fully set forth herein, is
approved adopted in its entirety.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that anyone or more sections,
(f)
meanings:
(1 )
(2)
(3)
(4)
(5)
As used in this section, the following terms shall have the following
11 B-5
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this _ day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2690 to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 B-6
Hutton Centre Mixed Use Specific Development District
150-76\
TABLE OF CONTENTS
SECTION 1. Applicability of Ordinance
SECTION 2. Purpose
SECTION 3. Objectives and Policies
SECTION 4. Permitted Improvements
SECTION 5. Permitted Uses
SECTION 6. Conditionally Permitted Uses
SECTION 7. Development Standards
1. Maximum Density
2. Minimum Parcel Size'
3. Overall Project
a. General Requirements
b. Building Setbacks
c. Building Height
d. Screening
4. Parking
a. General Requirements
b. Residential Components
c. Other Uses
5. Building Elevations
SECTION 8. Miscellaneous Standards
1. Landscaping
2. Signage
3. Common Areas
4. Public Art
Exhibit "B"
Page 1 of8
11 B-7
Hutton Centre Mixed Use Specific Development District (SD-76)
SECTION 1 APPLICABILITY OF ORDINANCE
The specific development zoning district, as authorized by Chapter 41,
Division 26, of the Santa Ana Municipal Code, is specifically subject to the
regulations contained in this ordinance for the express purpose of
establishing use district regulations. All other applicable chapters, articles
and sections of the Santa Ana Municipal Code shall apply unless expressly
waived or superseded by this ordinance. Use district regulations
established in Chapter 41, Article III, of the Santa Ana Municipal Code for
zoning districts other than the SO zoning district may be incorporated
herein by reference. The boundaries of the Hutton Centre Mixed Use
Specific Development District shall be defined pursuant to
Attachment 1 (attached hereto and incorporated as though fully set forth
herein). Hutton Centre Mixed Use Specific Development District shall
have two zones, Zone 1 and Zone 2, as depicted in Attachment 1.
SECTION 2 PURPOSE
The Specific Development No. 76 (SD-76) use district regulations are
hereby established for the express purpose of protecting the health, safety
and general welfare of the City by encouraging the use of innovative
planning concepts and principles, promoting and enhancing the value of
properties, and encouraging orderly development. This district is intended
to provide standards for areas located in a District Center and adjacent to
high capacity arterial streets.
SECTION 3 OBJECTIVES AND POLICIES
The Hutton Centre Mixed Use Specific Development District is located
within the southeastern area of the City. The Hutton Centre Mixed Use
Specific Development District encompasses a mixture of office, restaurant,
retail and residential land uses.
The following site development policies are designed to encourage greater
convenience, efficiency, excellence of design and visual appeal than is
typically achieved with usual residential and commercial development.
The policies of the Hutton Centre Mixed Use Specific Development District
include the following:
Exhibit "B"
Page 2 of 8
11 B-8
. Uses shall be integrated within the overall Hutton Centre campus
in terms of architecture, pedestrian orientation and circulation,
vehicular circulation, landscape and urban design.
· Internal circulation shall separate customer traffic from loading,
delivering, and pedestrian traffic.
· Access to and from the adjacent arterial streets and highways shall
be limited, in order to ensure efficient and safe vehicular
circulation.
· Adequate open spaces and landscaping shall be provided for all
uses and shall be integrated with building and parking areas.
· A well-planned system of pedestrian linkages, enhanced with
water features, seating areas, and other pedestrian amenities,
shall be developed for convenient access between all uses
developed on the site.
· Walkways, parking and open spaces shall be provided with
adequate lighting for safe and convenient nighttime use.
SECTION 4 PERMITTED USES IN ZONE 1
The permitted land uses within Zone 1 shall be as follows:
1. Professional, business and administrative offices.
2. Museums, libraries and galleries.
3. Retail and Service Uses.
4. Restaurants, cafes, and eating establishments, other than those
specified in section 41-365.5.
5. Coffee houses, tea houses, and bakeries.
SECTION 5 CONDITIONALLY PERMITTED USES IN ZONE 1
The following uses are permitted within Zone 1 upon the approval of a
conditional use permit in accordance with the Santa Ana Municipal Code:
1. Theaters.
2. Hotels.
3. Child care facilities.
4. Nightclubs, bars and indoor entertainment uses whether
freestanding or part of another permitted or conditionally permitted
Exhibit "B"
Page 3 0[8
11 B-9
use. Adult entertainment businesses shall not be permitted within
Zone 1 .
5. Establishments selling or serving alcoholic beverages.
6. Banquet facilities, subject to development standards set forth In
section 41-199.1.
7. Uses open between the hours of 12:00 midnight and 5:00 a.m.
8. Health Clubs.
SECTION 6 PERMITTED USES IN ZONE 2
The permitted land uses within Zone 2 shall be as follows:
1. Professional, business and administrative offices.
2. Museums, libraries and galleries.
SECTION 7 CONDITIONALLY PERMITTED USES IN ZONE 2
The following uses are permitted within Zone 2 upon the approval of a
conditional use permit in accordance with the Santa Ana Municipal Code:
1. Nightclubs, bars and indoor entertainment uses whether
freestanding or part of another permitted or conditionally permitted
use. Adult entertainment businesses shall not be permitted within
Zone 2.
2. Establishments selling or serving alcoholic beverages.
3. Banquet facilities, subject to development standards set forth in
section 41-199.1 .
4. Uses open between the hours of 12:00 midnight and 5:00 a.m.
5. Multi-family residential uses.
6. Live/work communities in compliance with the following standards:
a. Residential use is permitted only in combination with
individual work space in a manner which provides an
integrated working and living environment.
b. A live/work unit shall be at least nine hundred (900) square
feet in size.
c. The residential component of a live/work unit shall meet the
following standards:
Exhibit "B"
Page 4 of8
11 B-1 0
I. It shall have access to separate bathroom facilities,
including a water closet, a wash basin, and a bathtub
or shower.
ii. It shall have separate kitchen facilities including a
kitchen sink, cooking appliances and refrigerator. All
such facilities shall have a clear working space of at
least thirty (30) inches in front.
iii. It shall comply with all Housing Code requirements as
modified by section 8-2700 of this Code.
iv. In-unit laundry facilities shall be required.
v. No residential component shall be permitted on the
ground floor of the live/work unit.
7. Outdoor Farmers Markets.
8. Full service cafes and restaurants, which may include incidental take-out
service. Full service cafes and restaurants shall be limited to those that
provide sit down dining areas and exclusive table service for ordering
and delivering meals and beverages.
9. Coffee houses, tea houses, and bakeries.
10. Health Clubs.
11. Retail and service uses.
SECTION 8 DEVELOPMENT STANDARDS IN ZONE 2
The following general development standards are applicable to this project:
1. Maximum Development Intensity
Consistent with the General Plan, the maximum residential density
allowed for the site shall be 90 dwelling units per acre within SD-76.
The maximum floor area ratio for other permitted uses shall be 1.0.
2. Minimum Parcel Size
The minimum parcel size shall be 2.5 acres.
3. Overall Proiect
The development plans and material samples shall be submitted to
and approved by the Planning Commission pursuant to Section 41-
593.4 prior to issuance of any building permits.
a. Building Setbacks
Exhibit "B"
Page 5 of8
11 B-11
Setbacks are established to enhance pedestrian space
throughout the district, create compatible relationships
between existing and future building elevations, and
recognize opportunities to create new open spaces such as
plazas, pedestrian ways and landscaped areas. Major setback
conditions are discussed below by street:
i. Main Street:
All projects shall maintain a building setback of 15
feet. Entry steps to residential units may encroach
into this setback area in order to provide a transition
between public and private spaces.
II. MacArthur Boulevard:
All residential projects shall maintain a building
setback of 15 feet. Entry steps to residential units
may encroach into this setback area in order to
provide a transition between public and private
spaces.
iii. Sandpointe Avenue:
All projects shall maintain a building setback of 10
feet. Entry steps to residential units may encroach
into this setback area in order to provide a transition
between public and private spaces.
iv. Hutton Centre Drive:
All projects shall maintain a building setback of 10
feet.
b. Building Height
The building height of a project shall not be approved
where the Federal Aviation Administration (FAA) has
determined such height to be a hazard to air
navigation.
c. Screening
All appurtenances shall be located outside any
required setback and shall be screened from view.
4. Parkinq
Exhibit "B"
Page 6 of8
11 B-12
a. General Requirements
i. Parking shall not encroach into required setbacks at
grade. Parking structures below residential buildings
shall not encroach within required setbacks along
Main Street or MacArthur Boulevard.
ii. Parking structures that incorporate trash enclosures
shall maintain sufficient vertical clearances to facilitate
trash truck access.
Hi. Glare from the parking structure lighting shall not be
visible from any public right-of-way.
IV. The ceiling of all parking levels shall be painted white
and be maintained to improve illumination and
enhance safety within the parking structure.
v. The parking structure shall comply with the Santa Ana
Municipal Code sections pertaining to the Police
Department's Security requirements, including
parking lot lighting levels.
vi. The parking structure shall comply with the Santa Ana
Police Department's parking structure design
guidelines.
b. All uses shall comply with the parking provisions outlined in
Chapter 41 of the Santa Ana Municipal Code (SAMC).
5. Landscapinq
Prior to issuance of any building permit, a detailed Landscape Plan
shall be submitted to and be approved by the Planning
Commission.
6. Siqnaqe
a. All signage shall comply with the Santa Ana Municipal Code.
b. Prior to issuance of any sign permits or certificates of
occupancy for any building or portion thereof, a
comprehensive sign program for the entire site, including
directional signs and graphics for the parking structure, shall
be submitted to and be approved by the Planning
Commission.
Exhibit "B"
Page 7 of8
11 B-13
7. Public Areas
Prior to issuance of any building permits, a detailed plan of the
public areas shall be submitted to and approved by the Planning
Commission.
a. Exterior kiosks, carts or other temporary outdoor uses
are not allowed unless specifically submitted to and
approved by the Planning Commission.
b. The public areas shall incorporate seating, benches,
street furniture and landscaping to provide visual
interest and additional amenities within the public
areas. All seating, benches, street furniture surfaces,
pedestrian-level walls and similar amenities shall be
made of a durable material such as concrete or
painted iron and be designed to minimize effects from
vandalism, skateboarding and weather and
incorporate graffiti resistant coatings.
c. Pedestrian amenities shall be provided such as
lighting, planters, drinking fountains, unit pavers, and
bicycle racks.
d. Trash receptacles should be located in high-activity
areas, such as plazas and other public open spaces.
The style shall be compatible with other public areas'
furnishings.
e. The property shall be maintained free of graffiti. All
graffiti shall be removed within 48-hours of
occurrence.
Exhibit "B"
Page 8 0[8
11 B-14
ORDINANCE NO. NS - 2691
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA ANA, THE GRAND
PLAN 1, LLC AND THE GRAND PLAN 2,LLC
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.
B. The City enters into this Development Agreement pursuant to the
provisions of the Government Code and applicable City policies.
C. The Planning Commission has, following a duly noticed public hearing, on
May 23, 2005, recommended approval of this Development Agreement.
E. 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 owners of the MacArthur Place South Project
at Hutton Centre 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.
F. The City Council has held a noticed public hearing on this Ordinance, and
has considered all testimony presented thereto.
G. The City Council has, on June 20, 2005, approved an Environmental Impact
Report in conjunction with this Project and adopted a mitigation monitoring plan.
SECTION 2: 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 City is hereby
authorized and directed to cause this Development Agreement to be recorded with the
County Recorder's Office.
SECTION 3: This ordinance shall not be effective unless and until Ordinance
No. NS-2690 and Resolution No. 2005-064 become effective. If said ordinance and
resolution are for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, or otherwise do not go into effect for any reason, then this
ordinance shall be null and void and have no further force and effect.
Ordinance NS -2691
Page 1 of 3
11 B-15
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
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Council members
ABSTAIN: Councilmembers
NOT PRESENT: Council members
Ordinance NS -2691
Page 2 of 3
11 B-16
CERTIFICATE OF ATTESTATION AND ORIGINALITY
\, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2691 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 -2691
Page 3 of 3
11 B-17
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M-30 P.O. Box 1988
Santa Ana, California 92702
FREE RECORDING
GOVERNMENT CODE S 6103
DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA,
And
THE GRAND PLAN 1, LLC and THE GRAND PLAN 2, LLC
Dated: August 4, 2005
DOCSOC/llI0339vI1124579-0001
11 B-18
Table of Contents
Page
1. RECITALS.. .............................. ............ ..................................... ................... ........................ ...1
1.1 P urpo se. . .............. .............................. .................................................... ......... .............. 1
1.2 Code Authoriza tio n ................................................................ .... .................................1
1.3 Owner ........................ ................ ........................................................................ ..........1
1.4 Planning Commission - Council Hearings ................................................................1
1.5 Co un cil Fin din gs.......... ...................... ............ .............. ......................................... ....... 2
1.6 City Ordinan ce .................................. ................ ............ ............... ........................... .... 2
2 . DE FINITI ON S ................. ......................... .......................... .......... .................. ......................... 2
3 . EXHIBIT S .... .......................... ..... ........ ................. ................. .......................... ........... .............. 7
4. GENERAL PROVISION S. ..................................................................................................... 7
4.1 Dura tio n of Agreemen t ............................................................................................... 7
4.2 Assi gnm en t ............ ........... ............................................. ....... ...... ..... .............. .......... ..... 7
4.3 Permitted Assignments ..................... ........................................................ .................. 8
4.4 Amendment or Cancellation of Agreement .............................................................. 8
4.5 H 0 I d Harml ess ........................................ ....... .................... .......................................... 9
4.6 Binding Effect of Agreement ...................................................................................... 9
4.7 Relationship of the Parties.......................................................................................... 9
4.8 No ti ces ................. ............................. .................. ..................................... ..................... 9
5. DEVELOPMENT OF THE PROPERTY. ..........................................................................10
5.1 Owner Obligations .............................................................. ......... .............................1 0
5.1.1 Coo pera tive Agreement ...............................................................................10
5.1.2 Public Improvements ...................................................................................10
5 .1.3 Phasing ............ ....... ...... ............... .................... .............................................. .11
5.1.4 FAA App roval...............................................................................................11
5.1.5 A vigation Easement ......................................................................................11
5.1.6 Limit on Fast Food and Take Out Restaurants .........................................11
5.1. 7 Development, Construction and Completion of Public Art...................... 11
5.1.8 Inclusionary Housing Fee ............................................................................11
5.1.9 In-Lieu Park Development Fee ...................................................................11
5.1.10 Covenants, Conditions, and Restrictions.................................................... 12
5.1.11 Parking Structure Easement .......................................................................12
5.1.12 Lake Improvements ................... .............. ..................................... ....... .........13
5.1.13 Use of "City of Santa Ana" ........................................................................13
5.1.14 Compliance With Governmental Requirements........................................ 13
5.1.15 Obligation to Submit Working Drawings and Commence
Cons tru cti 0 n ... ..................................................... ...... .................................... 13
5.2 City Obligations.. ............................... ...................... ... ........................ .......................13
5.2.1 Vested Rights to Develop .............................................................................13
5.2.2 Non-application of Changes in Applicable Rules ......................................13
5.2.3 Special Taxes and Assessments ...................................................................14
5.2.4 Agreed Changes and Other Reserved Powers ...........................................14
5.2.5 Subsequent Development Approvals ..........................................................14
5.2.6 Mo ra toria . ................ ............. ............................ ................. ...........................14
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11 B-19
Table of Contents
( continued)
Page
5.2.7 Timing of Development ................................................................................14
5.2.8 Development Impact Fees ............................................................................14
5.3 Coopera tive Agreement .................................... ............. ........ ........ ...........................14
6. ANNUAL REVIEW. .............................................................................................................14
6.1 City and Owner Responsibilities..............................................................................14
6.2 Review Letter ............. .................. ........ .............. ................................. ....................... 15
6.3 Failure of Periodic Review .......................................................................................15
7. D EF A UL T . .............................................................................................................................15
7.1 Events of Default by Owner .....................................................................................15
7.1.2 Events of Default by City .............................................................................15
7.2 Procedure upon Breach ............................................................................................16
7.3 T ermina tio n ...............................................................................................................16
7.5 Institution of Legal Action........................................................................................ 1 6
7.6 M ul ti pie Own ers .................. ........ .................... ................................. ........................ .16
7.7 Alternative Dispute Resolution ................................................................................17
7 .8 Interim Reli ef............................................ .................. .................... ........... ........ ........18
7.9 Entitlements Survive Termination ..........................................................................18
7.10 Miscellaneous. ............................................................................................................18
8. MORTGAGEE PROTECTION S ............. ...........................................................................18
8.1 Right to Owner/N otice/Multiple Mortgagees .........................................................18
8.2 Notice of Breach to Mortgagee or Deed of Trust Holders; Right to Cure........... 18
8.3 Mortgagee Not Obligated Under the Agreement ...................................................19
8.4 No Liability... ............ .................................................................................................19
8.5 No Amendment or Termination ..............................................................................19
8.6 Condemnation or Insurance Proceeds ....................................................................19
8.7 Title by Foreclosure ..................................................................................................19
8.8 Del ega tio n to Mortgagee ...........................................................................................19
8.9 No Obligation to Cure...............................................................................................20
8.1 0 Se p ar ate Agree men t.. ........ .............................................................. .......................... 20
8.11 E sto p pel C ertifi ca te... .................. ................................................... .......... ................. 20
8.12 Co nfli cts .................. ........................ ..... ............................................. .................. ....... 20
9. MISCELLANE 0 US PRO VISI ON S. ................................................................................... 20
9.1 Rules of Constructio n ............................................................................................... 20
9.2 Entire Agreement, Waivers and Amendments ....................................................... 20
9.3 Project as a Private U ndertaking............................................................................. 21
9.4 In co rpo ra tio n of Recitals .......................................................................................... 21
9.5 Cap ti 0 n s .............................................................. ................ ....................................... 21
9.6 Co nsen t ................. ........................................... ........... ......... ....................................... 21
9. 7 Covenant of Coo pera tio n .......................................................................................... 21
9.8 Time 0 f Essence .......... ................................... ................................ ............................21
9.9 Co nfli cts of Law ......................................................................................................... 21
9.10 Enforced Delay; Extension of Time of Performance .............................................21
9.11 Reco rdin g ........................................................................ ...........................................22
ii
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11 B-20
Table of Contents
( continued)
Page
9 .12 Subdivision of Project ............................................................................................... 22
9.13 S ev era bili ty ......................................... ............... ........................ ................ ................ 22
9 .14 Waiver ........................................................................................................................ 22
9.15 No Personal Liability.................... ............................................................................22
9.16 Co nditio ns of Discretio nary Approvals ................................................................... 22
9.1 7 Precede n ce ............... .................................. ..................... ...................... ........... .......... 22
EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
PROPERTY DESCRIPTION
PUBLIC ART PLAN
COOPERATIVE AGREEMENT FOR OFF-SITE IMPROVEMENTS
PUBLIC IMPROVEMENTS
A VIGA nON EASEMENT
LAKE IMPROVEMENTS
III
DOCSOC/l110339vll/24579-0001
11 B-21
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA,
THE GRAND PLAN 1, LLC AND THE GRAND PLAN 2, LLC
This DEVELOPMENT AGREEMENT ("Agreement") is entered into between THE CITY
OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution
and laws of the State of California (referred to herein as "City"), THE GRAND PLAN 1, LLC, a
California limited liability company ("GPl") and THE GRAND PLAN 2, LLC, a California limited
liability company ("GP2"). GPl and GP2 are collectively referred to herein, along with their
permitted successors and assigns, as "Owner".
1. RECITALS. The Agreement is entered into with reference to the following facts:
1.1 Purpose.
(1) The purpose of this Agreement is to facilitate the development of
approximately 9.79 acres of real property, located at the southeast comer of MacArthur Boulevard
and Main Street (the "Property") as a mixed use project with for-sale residential condominiums and
office/commercial/retail uses more particularly described in the definition of "Project" in
Section 2.43.
(2) The Property is described in Exhibit A and consists of an
approximately 2.04 acre parcel currently owned by GPl ("GPl Parcel"), and an approximately 6.68
acre parcel currently owned by GP2 ("GP2 Parcel") and an approximately. 78 acre parcel which is
the subject of a contract to purchase by Owner (the "Fried Parcel"). The GPI Parcel and GP2 Parcel
are referred to in Exhibit A as the "Owner ParceL"
1.2 Code Authorization. To strengthen the public planning process, encourage
private participation in comprehensive planning and reduce the economic risk of development, the
Legislature of the State of California adopted the Development Agreement Act which authorizes any
city to enter into binding development agreements establishing certain development rights in real
property with persons having legal or equitable interests in such property.
To ensure that the City remains responsive and accountable to its residents while
pursuing the benefits of development agreements contemplated by the Legislature, the City:
(i) accepts restraints on its police powers contained in this Agreement consistent with existing law,
only to the extent and for the duration required to achieve the mutual objectives of the Parties; and
(ii) to offset such restraints, seeks extraordinary and significant public infra structure facilities and
other supplemental benefits, as set forth in Section 5.1, in addition to those available through the
existing regulatory process.
1.3 Owner. Owner represents and warrants that it owns the Owner Parcel and is
under contract to purchase the Fried Parcel. The Property is currently a mix of vacant and occupied
uses.
1.4 Planning Commission - Council Hearings. On May 23, 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 Owner's application for this
Agreement. The Planning Commission recommended to the City Council of City that it execute this
DOCSOC/I 1 10339vl 1/24579-0001
11 B-22
Agreement. On June 20, 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 Owner's application for
this Agreement.
1.5 Council Findings. The Council finds that this Agreement is consistent with
the General Plan, applicable Specific Planes) as well as all other applicable ordinances, plans,
policies and regulations of the City.
1.6 City Ordinance. On July 5, 2005, the Council adopted Ordinance
No. NS-2691 approving this Agreement. The ordinance becomes effective thirty (30) days thereafter
(the "Effective Date").
2. DEFINITIONS. In the Agreement, unless the context otherwise requires:
2.1 "Affiliate" means any entity of which not less than fifty percent (50%) is
owned by (i) Owner and/or its managing member and/or Nexus, in the case of Owner or (ii) Integral
or the principal shareholders ofIntegral, in the case ofIntegral.
2.2 "Agreement" means this Development Agreement, including all exhibits
attached hereto and all amendments and modifications thereto.
2.3
of this Agreement.
"Annual Review" means the annual review process as described in Section 6
2.4 "Applicable Rules" means all rules, regulations, ordinances and official
plans and policies of the City in force as of the Effective Date as included within the SAMC, this
Agreement and the Entitlements.
2.5 "Applicable Processing Fees and Charges" means all processing fees and
charges required by the City uniformly in connection with all new construction, including, but not
limited to, fees for land use applications, project permits, building applications, building permits,
grading permits, encroachment permits, tract or parcel maps, lot line adjustments, air right lots, street
vacations, certificates of occupancy and other similar permits. Applicable Processing Fees and
Charges shall not include Development Impact Fees or any exaction, impact fee, sharing fee or other
fee or charge that is in the nature of a Development Impact Fee.
2.6 "Avigation Easement" means the Avigation Easement attached hereto as
Exhibit E and incorporated herein by reference.
2.7 "Breach" is defined in Section 7.2.
2.8 "Cinema Tower" is defined Section 2.43.
2.9 "City Agency" means each and every agency, department, board,
commission, authority, employee, and/or official acting under the authority of the City, including
without limitation the City Council and the Planning Commission.
2.10 "City Attorney" means the City Attorney of the City.
2
DOCSOCIII10339vl1/24579-0001
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2.11 "City Council" means the City Council of the City which is the legislative
body of the City pursuant to Section 65867 of the California Government Code.
2.12 "City Manager" means the chief administrative officer of the City.
2.13 "Condo-Office Project" is defined in Section 2.44.
2.14 "Commencement of Construction" means the point in time when concrete
is being poured for foundations for a particular Element pursuant to a validly issued permit.
2.15 "Cooperative Agreement" means the Cooperative Agreement for Offsite
Improvements attached hereto as Exhibit C and incorporated herein by reference, which Cooperative
Agreement and the obligations hereunder with respect thereto, shall survive termination of this
Agreement.
2.16 "Default" is defined in Section 7.2.
2.17 "Development Agreement Act" means Article 2.5 of Chapter 4 of Division I
of Title 7 (Sections 65864 through 65869.5) of the California Government Code.
2.18 "Development Impact Fees" means impact fees, linkage fees, exactions, or
fair share charges or other similar impact fees or charges (whether collected as a condition to
issuance of demolition, grading and/or building permits, or otherwise) imposed by the City on and in
connection with new development pursuant to the Applicable Rules. If at any time following the
Effective Date it becomes legal for any of the foregoing fees or charges to be collected with property
taxes, then any such amounts collectible in such manner shall constitute Development Impact Fees
hereunder. Development Impact Fees do not include (a) Applicable Processing Fees and Charges,
(b) impact fees, linkage fees, exactions, assessments or fair share charges or other similar fees or
charges imposed by other governmental entities and which the City is required to collect or assess
pursuant to applicable law (e.g., school district impact fees pursuant to Government Code
Section 65995), or (c) increases in Development Impact Fees under the Applicable Rules, occurring
after the Effective Date but only if and to the extent any such increase does not exceed the amount of
such Development Impact Fee as of the Effective Date increased at a rate not to exceed the rate of
increase established by the "Construction Costs Index- Los Angeles" published by Engineering
News-Record or substitute index mutually agreed upon by the parties should that index be
discontinued, from the Effective Date to the date such Development Impact Fee is paid.
2.19 "Effective Date" means August 4, 2005, the date upon which the ordinance
approving this Agreement becomes effective.
2.20 "Element" is defined in 2.43.
2.21 "Entitlements" mean the City approvals for the Project granted pursuant to
the Applicable Rules as set forth in detail in the Final Environmental Impact Report for
Environmental Review No. 2004-02; Tentative Tract Map Nos. 2005-02, 2005-03, 2005-04 (County
Map Nos. 16621, 16622 and 16626); Variance Nos. 2005-05, 2005-07, 2005-10, and 2005-12;
Zoning Ordinance Amendment No. 2005-01 (creating Specific Development No. 76 aka SD-76);
Conditional Use Permit Nos. 2005-10, 2005-11, 2005-12, 2005-13 and 2005-15; and the "MacArthur
Place Master Plan" dated April 11, 2005, as each are conditioned in City Council Resolution
3
DOCSOC/I I 10339vll/24579-000l
11 B-24
No. 2005-064. The parties understand and acknowledge that the implementation of the Entitlements
will require Subsequent Development Approvals, the approval, conditional approval or rejection of
which shall be in accordance with the Applicable Rules. The word "Entitlements" shall include an
interior design standard for all Residential Units of 42 dBA CNEL for purposes of attenuating noise,
to be met with all of the unit's windows and doors closed. For each Element that incorporates
Residential Units, a qualified acoustical consultant shall conduct an analysis demonstrating
compliance with said interior noise design standard to be submitted to the City's Building and
Planning Safety Agency for review and approval prior to the issuance of Utility Release(s).
2.22 "Final Design Documents" means the final design documents for the Public
Art consistent with the Public Art Plans.
2.23 "Fried Portion" is defined in Section 2.43.
2.24 "Integral" means Integral Communities I, a Delaware Corporation.
2.25 "General Plan" means the General Plan of the City.
2.26 "Inclusionary Housing Fee" is defined in Section 5.1.8.
2.27 "In-Lieu Park Fee" is defined in Section 5.1.9.
2.28 "Litigation" shall mean any lawsuit or cross-action, including the legal action
and/or alternative dispute resolutions described in Section 7, challenging the validity of this
transaction or any Element thereof or the rights of either party hereunder and/or the rights of either
party to engage in the acts and transactions contemplated by this Agreement.
2.29 "Mezzanine Lender" means a lender who provides funds for the
construction of the Project, or parts thereof, and takes a security interest in an asset other than the
Property or Project such as the ownership interest of the Owner in the Property or Project.
2.30 "Mortgage" means any mortgage, deed of trust, pledge, encumbrance, sale
leaseback, or other security interest with respect to the Property and/or Project and/or the interests of
the Owner in the Property and or Project and/or this Agreement, granted to a lender not affiliated
with Owner, made in good faith and for fair value, encumbering all or any part of the Property and/or
Project or Owner's interest in the Property and/or Project and/or this Agreement, given by Owner for
the purpose of obtaining construction financing of the Project, or any portion thereof.
2.31 "Mortgage Parcel" is defined in Section 8.1.
2.32 "Mortgagee(s)" means (i) any institutional lender that is a mortgagee or
beneficiary under a deed of trust, (ii) a Mezzanine lender and/or (iii) any person or entity acquiring
fee title under a first or second mortgage who has delivered a Mortgagee Notice to the City or any
transferee of the above.
2.33 "Mortgagee Notice" is defined in Section 8.2.
2.34 "Nexus" means Nexus Development Corporation/Central Division, Inc., a
California Corporation.
4
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11 B-25
2.35 "Notice" and "Notice Period" are defined in Section 7.2.
2.36 "Owner" means GPl, GP2 and/or permitted assignees or transferees each
with respect to the part of the Property owned by it.
2.37 "Owners' Association(s)" means the aSSOCIatIon of owners of the
Residential Units ("Homeowners' Association(s)) and/or associations formed by the owners of the
retail portions and/or office portions of the Project formed for the purpose of governing and
controlling the common areas associated with each Element and the Project, as a whole.
2.38 "Parties" means collectively Owner and the City.
2.39 "Party" means anyone of Owner or the City.
2.40 "Plaintiff' means any party seeking relief or compensation through Litigation
whether as plaintiff, petitioner, cross-complainant or otherwise.
2.41 "Planning Commission" means the Planning Commission of the City and
the planning agency of the City pursuant to Section 65867 of the California Government Code.
2.42 "Periodic Review" is defined in Section 6.1.
2.43 "Project" is the development of the Property pursuant to the Entitlements,
with the following:
(1) Three (3) twenty-five (25) Story Towers consisting of two (2) towers
with three hundred fifty (350) for sale residential condominium units (each a "Lake Tower" or
together the "Lake Towers") and One (1) tower with one hundred fifty (150) for-sale residential
condominium units (the "Cinema Tower");
(2) A six (6) story tower consisting of fifteen (15) for-sale residential
condominium units on four (4) floors and approximately ten thousand (10,000) square feet of office
on two (2) floors (the "Condo/Office Project");
(3) A five (5) or six (6) story building containing two hundred seventy-
six (276) for-sale residential condominium units (the "Integral Project"); and
(4) Approximately thirteen thousand eight hundred seventy-one (13,871)
square feet of commercial space consisting of approximately eight thousand five hundred eighty
(8,580) square feet of restaurant ("Restaurant Portion") and approximately five thousand two
hundred ninety (5,290) square feet of retail (the "Fried Portion"). The Restaurant Portion and Fried
Portion are collectively referred to herein as the "Retail Project".
Each of the Lake Towers, the Cinema Tower, the Condo/Office Project, Integral Project and
the Retail Project are each an "Element."
5
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2.44 "Property" is legally described in Exhibit A.
2.45 "Public Art" is defined in Section 5.1. 7.
2.46 "Public Art Fee" is defined in Section 5.1.7.
2.4 7 "Public Art Plan" is set forth in Exhibit B attached hereto and incorporated
herein by reference.
2.48 "Public Improvements" are described III Exhibit D attached hereto and
incorporated herein by reference.
2.49 "Reserved Powers" means the rights and authority excepted from this
Agreement's restrictions on the City's police powers and which are instead reserved to the City. The
Reserved Powers include the power to enact and implement rules, regulations, ordinances and
policies after the Effective Date that are not in conflict with the Applicable Rules or that may be in
conflict with the Applicable Rules, but: (a) prevent or remedy conditions which the City has found
to be injurious or detrimental to the public health and/or safety; (b) are Uniform Codes; (c) are
required to comply with mandates under state and federal laws, rules and regulations (whether
enacted previous or subsequent to the Effective Date) or to comply with a court order or judgment of
a state or federal court; (d) relate to Applicable Processing Fees or Charges imposed and/or increased
after the Effective Date; (e) or relate to increases in Development Impact Fees occurring after the
Effective Date but only if and to the extent described in Section 2.l7( c), or (f) are consented to by
Owner.
2.50 "Residential Unit(s)" means each of the for-sale residential units within the
Project.
2.51 "Retail Project" is defined in Section 2.43.
2.52 "Restaurant Portion" is defined in Section 2.43.
2.53 "SAMC" means the Santa Ana Municipal Code.
2.54 "Signs" means the gateway entry signs described in Section 5.1.7.
2.55 "Subsequent Development Approvals" means those certain actions taken by
any City Agency after the Effective Date, in connection with the implementation of the Entitlements
or any approved modification of the Entitlements, or any requested minor modifications of the
Entitlements.
2.56 "Term" means the applicable period of time during which this Agreement
shall be in effect and shall bind the City and Owner, as described in Section 4.1.
2.57 "Uniform Codes" means those building, electrical, mechanical, fire and other
similar regulations of a City-wide scope which are based on recommendations of a multi-state
professional organization and become applicable throughout the City, such as, but not limited to, the
California Building Code, the California Electrical Code, the California Mechanical Code, or the
California Fire Code (including those amendments to the promulgated Uniform Codes which reflect
6
DOCSOCIIII0339v11l24579-0001
11 B-27
local modification to implement the published recommendations of the multi-state organization and
which are applicable City-wide)
2.58 "Utility Release(s)" means the formal approval of the City Building
Department, following its inspection, that Residential Unites) may be released for initial connection
to the electrical power system, water service system, gas service system, and sanitary sewer system.
Utility Release(s) do not include temporary utility service provided to any structure during
construction.
2.59 "Work(s) of Public Art" is defined in Section 5.1.7.
3. EXHIBITS. The following documents referred to in the Agreement are attached to
this Agreement and are identified as follows:
Exhibit
Designation
A
Description
Property Legal Description
Referred to
in Section(s)
1.1.1(2),
2.44
2.46,5.1.7
2.15,5.1.1
B
C
Public Art Plan
Cooperative Agreement for Off-Site
Improvements
Public Improvements
A vigation Easement
Lake Improvements
2.47,5.1.2
2.6, 5.1.5
5.1.12
D
E
F
4. GENERAL PROVISIONS.
4.1 Duration of Agreement. The term of this Agreement shall be for ten (10)
years; provided, however that the Owner may request one two-year extension from the Executive
Director of the Planning and Building Safety Agency, which request shall not be unreasonably
denied and provided further that this Agreement shall automatically terminate upon the latter to occur
of (i) completion of construction of the entire Project or (ii) the granting of Certificates of Occupancy
(or similar permission to occupy) for the final Element of the Project and sale of all Residential units.
4.2 Assignment. Except as provided in Section 4.3 and prior to completion of
the Project or any Element thereof, Owner (and/or Integral with respect to the Integral Project, if
owner assigns the Integral Project to Integral) shall not have the right to transfer or assign this
Agreement with respect to all or any portion of the Property to any person, entity (public or private),
partnership, joint venture, firm or corporation unless the written consent of the City is first obtained,
acting in its reasonable discretion. In exercising its reasonable discretion, the City shall limit its
review to the development experience and financial capability of the proposed assignee or transferee
and shall approve any such assignment or transfer if the proposed assignee or transferee has financial
capability and development experience with respect to the Project equal to or greater than the
managing member of Owner (or Integral in the case of the Integral Proj ect after assignment of the
Integral Project). Any transfer or assignment of rights under (i) Section 4.3, or (ii) requiring City
Council consent under this Section 4.2 shall include an assignment and assumption agreement
confirming that the duties obligations and liabilities arising from this Agreement with respect to all or
any portion of the Property shall be assumed by the transferee. To the extent permitted by law, the
rights of the Owner hereunder shall not be subject to assignment by attachment, execution, or
7
DOCSOCII ] 10339v] ]/24579-000]
11 B-28
proceedings under any provisions of the Bankruptcy Act, and such assignment or transfer shall be, to
the extent permitted by law wholly void and of no force and effect unless such assignment or transfer
has been consented to by the City Council.
During the term of this Agreement, any approved assignee or transferee of the rights
under this Agreement shall observe and perform all of the duties and obligations of Owner contained
in this Agreement as such duties and obligations pertain to the portion of the Property transferred or
assigned. Any and all approved successors and assignees of Owner shall have all of the same rights,
benefits, duties, obligations, and liabilities of Owner under this Agreement. If the Property is
subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to
persons for development by them in accordance with the provisions of this Agreement. Following a
permitted assignment herewith the assignor shall have no further rights or obligations with respect to
the Project or Element assigned, as the case may be.
4.3 Permitted Assignments. The prohibition against transfer of this Agreement
with respect to all or any portion of the Property as described in Section 4.2 above shall not apply to,
and the City hereby consents to, any transfer of this Agreement with respect to all or any portion of
the Property to:
a. Any business entities such as limited partnerships, limited liability
companies, joint ventures or other similar entities formed for the purpose of performing Owner's
obligations under this Agreement, provided Owner, Nexus and/or Curtis R. Olson retains operational
and managerial control of any such entity.
b. Nexus and/or Curtis R Olson or any Affiliate.
c. One or more Mortgagees.
d. Integral or any Affiliate thereof with respect to the Integral Project or
any single purpose entity created by Integral, or any Affiliate thereof, formed for the purpose of
constructing the Integral Project.
e. DF#l LLC, David R. Fried, and/or A&D Properties, and/or any
company or corporation more than fifty percent (50%) owned by DF#l LLC, David R. Fried and/or
A&D Properties.
f. Buyer's of Residential Units.
g. Owners' Association(s) with respect to common areas.
h. Tenants, ground lessees and/or purchasers of the retail and/or office
spaces.
4.4 Amendment or Cancellation of Agreement. This Agreement may be
amended from time to time or cancelled by the mutual consent of the parties, but only in the same
manner as its adoption by an ordinance as set forth in Government Code Section 65868. The term
"Agreement" or "Development Agreement" as used herein shall include any amendment properly
approved and executed.
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4.5 Hold Harmless. Owner agrees to and shall hold City, its officers, agents,
employees, consultants, special counsel, and representatives harmless from liability for damages,
restitution, judicial or (to the extent legally possible) equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from construction
activities with respect to the Project by the Owner or their contractors, subcontractors, agents,
employees, or other persons acting on their behalf; the Owner further agrees to provide a defense on
behalf of the City, including fees and costs for special counsel to be selected by the City and
approved by the Owner, regarding any Litigation. Notwithstanding the above, in the event of any
Litigation the parties hereby agree to affirmatively cooperate in defending said action.
4.6 Binding Effect of Agreement. The burdens of the Agreement bind, and the
benefits of the Agreement inure, to the parties' successors in interest.
4.7 Relationship of the Parties. The contractual relationship between City and
Owner arising out of the Agreement is one of independent contractor and not agency. This
Agreement does not create any third party beneficiary rights.
4.8 Notices. Any notice, tender, demand, delivery, or other communication
pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered
in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
If to City, to:
City Manager
City of Santa Ana
20 Civic Center Plaza M-31
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6954
and
City Attorney
City of Santa Ana
20 Civic Center Plaza M-29
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
If to Owner, to:
Cory W. Alder
President, Nexus Companies
1 MacArthur Plaza, Suite 300
Santa Ana, California 92707
telefacsimile (714) 546-5660
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and
Matt Kaufman
Senior Vice President, Development and Operations Nexus Companies
1 MacArthur Plaza, Suite 300
Santa Ana, California 92707
telefacsimile (714) 546-5660
and
Thomas P. Clark, Jr., Esq.
Stradling Y occa Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
telefacsimile (949) 725-4100
and
R. Michael Joyce, Esq.
Allen Matins Leck Gamble & Mallory LLP
1900 Main Street, 5th Floor
Irvine, California 92614-7321
telefacsimile (949) 553-8354
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and
transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed
as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state, County, or city
holidays shall be excluded.
5. DEVELOPMENT OF THE PROPERTY.
5.1 Owner Obligations. In consideration for the City entering into this
Agreement and performing its obligations hereunder and in order to effectuate the premises, purposes
and intentions set forth in this Agreement and the Development Agreement Act, Owner hereby
agrees to the following obligations.
5.1.1 Cooperative Agreement. The Owner and the City, together with
other parties, have concurrently executed the Cooperative Agreement. Owner agrees to comply in all
respects with its obligations under said Cooperative Agreement.
5.1.2 Public Improvements. Owner shall construct the Public
Improvements prior to the issuance of a Certificate of Occupancy for the first Element unless
otherwise approved by the Director of Public Works.
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5.1.3 Phasing. The Owner acknowledges and agrees that the
Commencement of Construction of the Integral Project cannot commence until the Commencement
of Construction has occurred on either of the Lake Towers or the Cinema Tower.
5.1.4 FAA Approval. Owner shall obtain and maintain, during the term of
this Agreement, any and all necessary approvals from the FAA for the Project. Should such
approvals lapse, and not be reinstated or reapproved prior to the issuance of a building permit for
either of the Lake Towers and/or Cinema Tower, the City shall have the right to delay the issuance of
building permits for either of the Lake Towers and/or Cinema Tower until such approvals are
reinstated or reapproved.
5.1.5 Avigation Easement. The Owner shall, prior to issuance of the first
building permit for the Project, execute the Avigation Easement in favor of the City. Owner and City
may make non-substantive alterations in the A vigation Easement prior to its execution, to the extent
such changes are approved by Owner and City (as to content by the City Manager, and as to form by
the City Attorney).
5.1.6 Limit on Fast Food and Take Out Restaurants. At no time during
the Term shall the Project include retail space which is devoted to "fast food" and "take out"
restaurants. For purposes of this Agreement, a restaurant shall not be deemed to be a "fast food" or
"take out" restaurant if it provides sit-down dining areas and primary table service for ordering and
delivering meals and beverages, and take out service ancillary to such services.
5.1.7 Development, Construction and Completion of Public Art. Owner
shall include within the Project, (i) two (2) gateway entry signs ("Signs"), and (ii) a single or grouped
permanent work(s) of public art ("Work(s) of Public Art") consistent with the Public Art Plan
(collectively referred to herein as the "Public Art") at a cost not to exceed Five Hundred Thousand
Dollars ($500,000) ("Public Art Fee").
5.1.8 Inclusionary Housing Fee. Owner shall pay to the City the sum of
Three Thousand Dollars ($3,000) for each Residential Unit contained in each Element ("Inclusionary
Housing Fee"). The Inclusionary Housing Fee shall be paid with respect to each Element containing
Residential Units at such time as 75% of the Residential Units within such Element have received
Utility Releases. The Inclusionary Housing Fee shall be used by the City for planning (including but
not limited to preparation of one or more elements of its general plan or for zoning amendments),
conceptual design, final design, bid preparation, award of bid, property appraisal, property
acquisition, relocation, lost goodwill, and/or construction of new or substantially rehabilitated
existing affordable housing in the City.
5.1.9 In-Lieu Park Development Fee. The Owner shall pay an in-lieu
park development fee in the amount of Two Million Six Hundred Thousand Dollars ($2,600,000)
with respect to the Residential Units within the Project ("In-Lieu Park Development Fee") payable
for each Element in which Residential Units are located at such time as 75% of the Residential Units
within such Element have received Utility Releases, based on a fraction the numerator of which is the
total number of Residential Units in an Element and the denominator of which is the total number of
Residential Units in the Project.
The City shall use not more than twenty five percent (25%) of the In-lieu Park
Development Fee for the acquisition of the land for parks and the construction of capital
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improvements and deferred maintenance at existing parks at any location within the City and not less
than seventy five percent (75%) of the In Lieu Park Development Fee shall be utilized by the City in
the Quadrant of the City (as set forth in the City's Park A & D Fee Program) in which the Project is
located. If a special tax district, benefit assessment district or other obligation is created for park
purposes, inclusionary housing purposes and/or to fulfill any obligation under the Cooperative
Agreement such district or other obligation shall not include the Property.
5.1.10 Covenants, Conditions, and Restrictions. Covenants, Conditions,
and Restrictions (CC&R's) must be provided and approved by the Planning and Building Agency's
Executive Director for the Project prior to the issuance of the first building permit. Such CC&R's
must contain at a minimum, the following:
(1) To the extent permitted by law, no more than four residents
shall occupy a Residential Unit with less than three (3) bedrooms and no more than five (5) residents
shall occupy a Residential Unit with three (3) bedrooms.
(2) No home occupancy shall be permitted in a unit, except in
accordance with Section 41-192 et seq. of the Santa Ana Municipal Code.
(3) Assignment of repair of perimeter walls and common areas,
including landscaping, will be specified in the CC&R's in the event of damage.
(4) Patios and balconies shall not be utilized for the storage of
household items, except (A) furniture designed for outdoor use, (B) barbecues, and (C) plants
including plant racks and stands.
(5) Disclosure and release: CC&R's shall provide notice to
prospective owners of the urban character of the City and this area, including but not limited to the
permitted uses of the property and buildings in the immediate area of the development (e.g.,
MacArthur Place, Griffin Towers, John Wayne (SNA) Airport, and surrounding property zoned
and/or devoted to high density residential and commercial use), and shall provide a release of claims
against the City by the buyer of each Residential Unit which may arise from or relate to the disclosed
matters.
(6) Terms and Content:
i. CC&R's are to be in effect for an initial period of
ninety-nine years and then automatically expanded for successive one hundred year periods unless
terminated by the joint consent of the City and not less than seventy five percent of those entitled to
vote.
ii. Any proposed material modifications to the CC&R's
which effect the City's interests will require approval by the Executive Director of Planning and
Building Safety Agency.
5.1.11 Parking Structure Easement. Owner shall assign any and all rights
it has to use the "Teacher's" parking structure located on Assessor's Parcel Number 411-081-22,
together with any transfer or assignment of the Restaurant Portion.
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5.1.12 Lake Improvements. Owner shall use commercially reasonable
efforts to obtain approval of the Hutton Centre Owners' Association to install the lake improvements
specified in Exhibit F to this Agreement.
5.1.13 Use of "City of Santa Ana." All advertising, stationary and other
identification of the Project controlled by Owner shall identify it as being located in the "City of
Santa Ana" or "Santa Ana." The postal address of the project shall at all times be denominated as
"Santa Ana, California."
5.1.14 Compliance With Governmental Requirements. Owner shall carry
out the design and construction of the Project in substantial conformity with the Applicable Rules
and all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the
United States, the State of California, the County of Orange, or any other political subdivision in
which the Property is located, and of any other political subdivision, agency, or instrumentality
exercising jurisdiction over the City, the Owner or the Property, including all applicable federal,
state, and local occupation, safety and health laws, rules, regulations and standards, applicable state
and labor standards, and all applicable disabled and handicapped access requirements, including,
without the limitation, the Americans With Disability Act, 42 U.S.C. S 12101 et seq., Government
Code S 4450 et seq., and the Unruh Civil Rights Act, Civil Code S 51 et seq. ("Governmental
Requirements").
5.1.15 Obligation to Submit Working Drawings and Commence
Construction. Owner shall submit building permit applications for the first Element of the Project
to the City's Building Department on or before the third (3rd) anniversary date of the Effective Date
and Commencement of Construction of the first phase Element shall occur on or before the sixth (6th)
anniversary date of the Effective Date.
5.2 City Obligations. In consideration for Owner entering into this Agreement
and performing its obligations hereunder and in order to effectuate the purposes and intentions set
forth in this Agreement and the Development Agreement Act, the City hereby agrees during the
Term as follows:
5.2.1 Vested Rights to Develop. Owner is hereby granted the vested right
to develop the Project subject to the terms and conditions of the Applicable Rules and the Reserved
Powers.
5.2.2 Non-application of Changes in Applicable Rules. Any change in,
or addition to, the Applicable Rules, including, without limitation, any change in the General Plan,
zoning ordinance, subdivision ordinance, or building regulation adopted or becoming effective after
the Effective Date, including, without limitation, any such change by means of ordinance, initiative,
referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason
whatsoever, however denominated, and adopted by the City Council, Planning Commission or any
City Agency, or by the electorate, as the case may be, which would, absent this Agreement,
otheIWise be applicable to the Project and which would conflict with the Applicable Rules, shall not
be applied to the Project unless such changes represent an exercise of the City's Reserved Powers or
are otheIWise expressly allowed by this Agreement. In the event that state or federal laws or
regulations enacted after this Agreement has been entered into, prevent or preclude compliance with
one or more provisions of this Agreement, such provisions of this Agreement shall be modified or
suspended as may be necessary to comply with such state or federal laws or regulations.
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5.2.3 Special Taxes and Assessments. Owner shall have the right, to the
extent permitted by law to protest, oppose and vote against any and all special taxes, assessments,
levies, charges and/or fees imposed with respect to any assessment districts, Mello-Roos or
community facilities districts, maintenance districts or other similar districts.
5.2.4 Agreed Changes and Other Reserved Powers. This Agreement
shall not preclude application to the Project of rules, regulations, ordinances and officially adopted
plans and policies in conflict with the Applicable Rules where such additional rules, regulations,
ordinances and officially adopted plans and policies (a) are mutually agreed to in writing by Owner
and the City in accordance with the requirements of Section 6.7 of this Agreement or (b) result from
the Reserved Powers.
5.2.5 Subsequent Development Approvals. The City shall require Owner
to obtain only those Subsequent Development Approvals that are required by the Applicable Rules or
the Reserved Powers. City hereby agrees that it shall condition any Subsequent Development
Approvals based only on the Applicable Rules and/or Reserved Powers.
5.2.6 Moratoria. In the event an ordinance, resolution or other measure is
enacted, whether by action of the City, by initiative, or otherwise, which relates to the rate, amount,
timing, sequencing, or phasing of the development or construction of the Project on all or any part of
the Property, City agrees that, unless required by applicable state law, such ordinance, resolution or
other measure shall not apply to the Project, Property or this Agreement, unless such changes are
adopted pursuant to the City's exercise of its Reserved Powers or other applicable provision, of this
Agreement.
5.2.7 Timing of Development. The parties acknowledge that Owner
cannot at this time predict when or if the Property will be developed. Such decisions depend upon
numerous factors which are not within the control of Owner such as market orientation and demand,
interest rates, absorption, completion and other similar factors. Because the California Supreme
Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that the failure of
the parties therein to provide for the timing of development resulted in a later adopted initiative
restricting the timing of development to prevail over such parties' agreement, it is the parties' intent
to cure that deficiency by acknowledging and providing that except as provided in Section 5.1.3, and
subject to Section 5.1.15, Owner shall have the right to develop the Property at such rate and at such
time as Owner deems appropriate within the exercise of its subjective business judgment.
5.2.8 Development Impact Fees. Except as to increases permitted under
Section 2.17( c), Development Impact Fees imposed by the City with respect to the Project shall be
only those Development Impact Fees in force and effect as of the Effective Date.
5.3 Cooperative Agreement. The City shall comply in all respects with its
obligations under the Cooperative Agreement.
6. ANNUAL REVIEW.
6.1 City and Owner Responsibilities. City shall, at least every twelve (12)
months during the term of this Agreement, review the extent of good faith substantial compliance by
Owner with the terms of this Agreement ("Periodic Review"). Pursuant to Government Code
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Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its
good faith compliance with the terms of the Agreement at the Periodic Review.
6.2 Review Letter. If Owner is found to be in compliance with the Agreement
after annual review, City shall, upon written request by Owner, issue a Review Letter to Owner (the
"Letter") stating that based upon information known or made known to the City Council, the City
Planning Commission and/or the City Planning Director, the Agreement remains in effect and Owner
is not in default. Owner may record the Letter in the Official Records of the County of Orange.
6.3 Failure of Periodic Review. City's failure to review at least annually
Owner's compliance with the terms and conditions of this Agreement shall not constitute or be
asserted by any party as a breach of the Agreement by Owner or City.
7. DEFAULT.
7.1 Events of Default by Owner. Owner is in Default under this Agreement
upon the happening of one or more of the following events or conditions following notice and a
failure to cure as set forth in Section 7.2:
(1) If a written warranty, representation, or statement made or furnished
by Owner to the City in conjunction with the Project is false or proves to have been false in any
material respect when it was made;
(2) A finding and determination made by the City following a Periodic
Review under the procedure provided for in Government Code Section 65865.1 that upon the basis
of substantial evidence the Property Owner has not complied in good faith with one or more of the
terms or conditions of this Agreement;
(3) Failure to substantially comply with Governmental Requirements;
(4) The failure of Owner to comply with the requirements of Section 5.1
hereof.
(5) Any other event, condition, act or omISSIOn of Owner which
materially interferes with the intent and objectives of this Agreement.
7.1.2 Events of Default by City. City is in Default under this Agreement
upon the happening of one or more of the following events or conditions following notice and a
failure to cure as set forth in Section 7.2:
(1) If a written warranty, representation, or statement made or furnished
by City to the Owner in conjunction with the Project is false or proves to have been false in any
material respect when it was made;
(2) Failure of the City to comply with the provisions of Section 5.2.
hereof.
(3) Any other event, condition, act or omission of City Agency which
materially interferes with the intent and objective of this Agreement, including, without limitation,
the construction of the Project.
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7.2 Procedure upon Breach. Upon the occurrence of any of the events
described in Sections 7.1 and/or 7 .1.2,and prior to termination ( a "Breach"), the non-defaulting party
shall give the defaulting party written notice specifying the nature of the alleged Breach and, when
appropriate, the manner in which said Breach may be satisfactorily cured ("Notice"). If the
defaulting party fails to cure within thirty (30) days after receipt of Notice ("Notice Period"), or in a
case where a Breach cannot be reasonably cured within such Notice Period, fails to commence such
cure within the Notice Period and/or, thereafter, fails to diligently pursue such cure to completion
then the defaulting, party is in "Default". Failure or delay in giving Notice shall not constitute a
waiver of any Breach, nor shall it change the time of Default.
7.3 Termination. This Agreement may be terminated by either party in the event
of Default by the other. Owner's obligation to pay the fees set forth in Sections 5.17, 5.18 and 5.19
of this Agreement shall survive termination, if termination is due to Owner's Default.
7.4 Damages and Remedies.
(1) In no event shall either party be entitled to any damages against the
other upon termination of this Agreement in the absence ofa Default.
(2) The Owner shall not be liable for any general, special or
compensatory damages to City or the Owner's Default hereunder; provided however Owner shall be
responsible for any Default under Sections 5.1.7,5.1.8 and/or 5.1.9 but only to the extent of the fees
set forth therein, without penalty, but including interest from the date such fees were due until paid at
the same rate of interest imposed by the Orange County Superior Court as post-judgment interest.
(3) The City shall not be liable for any general, special or compensatory
damages to Owner or to any successor or assignee or transferee of Owner for the City's Default
hereunder.
(4) In the event of the failure of the obligation described III
Section 5.1.15, the City's sole remedy shall be termination.
7.5 Institution of Legal Action. In addition to any other rights or remedies, and
except as provided in Section 7.4, either party may institute legal action to cure, correct, or remedy
any Default, terminate or confirm or reject the propriety of a termination, specifically enforce any
covenants or agreements set forth in the Agreement, or enjoin any threatened or attempted violation
of the Agreement; or to obtain any remedies consistent with the purpose and term of the Agreement.
Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or
in the Federal District Court in the Central District of California, Southern Division.
7.6 Multiple Owners. Because the Project may be developed by Owner or by
one or more assignees of Owner, the Parties acknowledge and agree that the provisions of this
Section 7 relating to any Default by Owner with respect to its obligations, and the City's enforcement
rights with respect thereto, including any rights of termination and the limited rights to seek damages,
shall relate only to the portion of the Property actually owned by the specific Owner whose act or
omission constituted such Default. Other portions of the Property owned by a different non-
defaulting Owner (provided such non-defaulting Owner is not in Default hereunder with respect to its
Property) and/or any other permitted assignee provided such permitted assignee(s) are not in Default
hereunder with respect to its/their Property shall not be affected nor shall the rights of such non-
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defaulting Owner or other assignee(s) hereunder be impaired by any such Default relating to the
portion of the Property not owned by it.
7.7 Alternative Dispute Resolution. Owner may elect in its sole and absolute
discretion, to have any legal disputes described herein determined by arbitration in Santa Ana,
California, before a sole arbitrator in accordance with the laws of the State of California. The
arbitration shall be administered by JAMS pursuant to its Streamline Arbitration Rules and
Procedures. Judgment on the "award", as defined in Code of Civil Procedure Section 1283.4, may be
entered in any court having jurisdiction. Each party shall bear its own costs.
ARBITRATION NOTICE: BY INITIALING IN THE SPACE BELOW EACH PARTY IS
AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF
OR RELATING TO THIS AGREEMENT DECIDED BY A NEUTRAL BINDING
ARBITRATION, AND EACH PARTY IS GIVING UP ANY RIGHTS EACH SUCH PARTY
MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL.
BY INITIALING IN THE SPACE BELOW EACH PARTY IS GIVING UP ITS JUDICIAL RIGHT
TO DISCOVERY AND APPEAL. IF EITHER PARTY REFUSES TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, SUCH PARTY MAY BE
COMPELLED TO ARBITRATE UNDER FEDERAL OR STATE LAW. THE PARTIES
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
EACH PARTY HAS READ AND UNDERSTANDS THE FOREGOING AND AGREES TO
SUBMISSION OF ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR
RELATING TO THIS AGREEMENT TO NEUTRAL BINDING ARBITRATION IN ACCORDANCE
WITH THIS AGREEMENT.
Owner
City
The "award" shall be made by the arbitrator within sixty (60) days after the matter has been
submitted to arbitration.
Prior to the appointment of the arbitrator and within ten (10) days of the date of
commencement of the arbitration the parties shall submit the dispute to JAMS for mediation. The
parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of
neutrals, and then promptly scheduling the mediation proceedings. The parties covenant that they
will participate in the mediation in good faith, and that they will share equally in its costs. All offers,
promises, conduct and statements, whether oral or written, made in the course of the mediation by
any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS
employees are confidential, privileged and inadmissible for any purpose, including impeachment, in
any arbitration or other proceeding involving the parties, provided that evidence that is otherwise
admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its
use in the mediation. If the dispute is not resolved within thirty (30) days from the date of the
submission of the dispute to mediation (or such later date as the parties may mutually agree in
writing) the administration of the arbitration shall proceed forthwith while the mediation may
continue, if the parties so agree. Unless otherwise agreed by the parties, the mediator shall be
disqualified from serving as arbitrator in the case. Pendency of the mediation shall not preclude a
party from seeking provisional remedies in aid of the arbitration from a court of appropriate
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jurisdiction, and the parties agree not defend against any application for provision relief on the
ground that a mediation is pending.
7.8 Interim Relief. In the event that Project, or any part, is delayed as a result of
any action under Section 7.5 and/or Section 7.7, Owner's obligation to pay fees under Sections 5.1.7,
5.1.8 and/or 5.1.9 shall be suspended until such action is resolved in favor of continuing the Project.
7.9 Entitlements Survive Termination. The parties acknowledge that the
Entitlements survive termination of this Agreement unless and until the City takes action, within its
police power authority to modify and/or revoke all or any portion of such Entitlements, or unless and
until termination of the Entitlements occurs automatically, if ever. Accordingly, if this Agreement is
terminated and, provided that the Entitlements are not modified or revoked in accordance with the
City police power, the City shall not collect and/or impose the fees set forth in Sections 5.1.7,5.1.8
and/or 5.1.9 in connection with development pursuant to the Entitlements.
7.10 Miscellaneous.
(1) City does not waive any claim of defect in performance by Owner, if
on Periodic Review the City does not propose to modify or terminate this Agreement.
(2) Non-performance shall not be excused because of a failure of a third
person.
(3) Adoption of a law or other governmental actIvIty making
performance by either party unprofitable or more difficult or more expensive does not excuse the
performance of the obligation by the other party.
8. MORTGAGEE PROTECTIONS
8.1 Right to OwnerlNotice/Multiple Mortgagees. Owner shall have the
absolute right to encumber Owner's right, title and interest in, to and under this Agreement and the
Property pursuant to one or more Mortgages. Because certain portions of the Project may be
developed by one or more assignees, the Parties acknowledge and agree that different Mortgages
may encumber the Property and that there may be a separate Mortgage in effect with respect to
separate parcels within the Property. It is the intention of the Parties that the rights and protections
granted in this Section 8 to each Mortgagee shall only apply to the parcels upon which such
Mortgagee's Mortgage is a lien (each a "Mortgage Parcel"), and to the rights, privileges and
obligations under this Agreement relating to such Mortgage Parcel.
8.2 Notice of Breach to Mortgagee or Deed of Trust Holders; Right to Cure.
With respect to any mortgage or deed of trust granted by Owner as provided herein, whenever the
City delivers any Notice or demand to Owner with respect to any Breach by Owner under this
Agreement and if Owner fails to cure the Breach within the time set forth herein, the City shall
deliver to each Mortgagee a copy of such notice or demand accompanied by a writing to the affect
that Owner has failed to cure a Breach ("Mortgagee Notice"); provided that Owner or Mortgagee has
provided City with addresses for such purpose. Each such Mortgagee shall (insofar as the rights
granted by the City are concerned) have the right, at its option, within thirty (30) days after the
receipt of the Mortgagee Notice, to cure or remedy or commence to cure or remedy and thereafter to
pursue with due diligence the cure or remedy of any such Breach and to add the cost thereof to the
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mortgage debt and the lien of its mortgage; provided, however if the Mortgagee is legally prevented
from curing such Breach because of a bankruptcy by the Owner then the thirty (30) day period shall
be tolled until such bankruptcy is confirmed or rejected. Nothing contained in this Agreement shall
be deemed to permit or authorize such Mortgagee to take advantage of Owner's rights hereunder, or
any portion thereof, without first having expressly assumed Owner's obligations to the City by
written agreement reasonably satisfactory to the City. It is understood that a Mortgagee shall be
deemed to have satisfied the thirty (30) day time limit set forth above for commencing to cure or
remedy a Owner default which requires title and/or possession of the Site (or portion thereof) if and
to the extent any such Mortgagee has within such thirty (30) day period commenced proceedings to
obtain title and/or possession and thereafter the Mortgagee diligently pursues such proceedings to
completion and cures or remedies the Breach, provided that, in such event, all noncurable Defaults
shall be waived.
8.3 Mortgagee Not Obligated Under the Agreement. Unless a Mortgagee
expressly assumes Owner's Obligations to the City in accordance with 8.2 above, no Mortgagee shall
in any way be obligated by the provisions of this Agreement, nor shall any covenant or any other
provision in this Agreement be construed so to obligate such Mortgagee. Nothing in this Agreement
shall be deemed to construe, permit or authorize any such Mortgagee to devote the Mortgage Parcel
to any uses or to construct any improvements thereon, other than those uses or improvements
provided for or authorized by this Agreement.
8.4 No Liability. No Mortgagee shall have any personal liability beyond its
interest in the Mortgage Parcel acquired by it through enforcement of its Mortgage for the
performance or payment of any covenant, liability, warranty or obligation hereunder, and the City
agrees that it shall look solely to the interests of such Mortgagee in such Mortgage Parcel for
payment or discharge of any such covenant, liability, warranty or obligation.
8.5 No Amendment or Termination. This Agreement shall not, without the
prior written consent of all Mortgagees holding Mortgages on each portion of the Property to be
affected thereby, be amended so as to (a) terminate this Agreement prior to the expiration of the
Term hereof (except as provided in Section 8.4 above with respect to such Property); or (b) change
any provision of this Agreement which, by its terms is specifically for the benefit of Mortgagees or
specifically confers rights on Mortgagees. No amendment to this Agreement affecting the Property
or any part thereof, made without the consent of any Mortgagee holding a Mortgage on such
Property, or any part thereof, shall be binding upon such Mortgagee or its successors in interest
should it become a party hereto.
8.6 Condemnation or Insurance Proceeds. Nothing in this Agreement shall
impair the rights of any Mortgagee, pursuant to its Mortgage, to receive insurance and/or
condemnation proceeds which are otherwise payable to Owner granting such Mortgage.
8.7 Title by Foreclosure. Except as otherwise set forth herein, all of the
provisions contained in this Agreement applicable to any of the Mortgage Parcel shall be binding on
and for the benefit of any person who acquires title to the property, or any part thereof, by
foreclosure under a Mortgage or transfer by deed in lieu.
8.8 Delegation to Mortgagee. Owner may delegate and/or assign irrevocably to
any Mortgagee the non-exclusive authority to exercise any or all of Owner's obligations and/or rights
hereunder with respect to the Mortgage Parcel, but no such delegation shall be binding upon the City
19
DOCSOC11110339v11/24579-0001
11 B-40
unless and until either Owner or such Mortgagee shall give to the City a true and correct copy of a
written instrument effecting such delegation. Such delegation of authority may be effected by the
terms of the Mortgage itself, in which case service upon the other Party of an executed counterpart or
conformed copy of said Mortgage, together with written notice specifying the provisions therein
which delegates such authority to said Mortgagee, shall be sufficient to give such other Party notice
of such delegation. No such delegation or assignment shall relieve the Owner of that Mortgage
Parcel of any of its obligations hereunder with respect to such Mortgage Parcel.
8.9 No Obligation to Cure. Nothing herein contained shall reqUIre any
Mortgagee to cure any default of Owner referred to above.
8.10 Separate Agreement. The City shall, upon request, execute, acknowledge
and deliver to each Mortgagee requesting same, an agreement prepared at the sole cost and expense
of Owner, in form satisfactory to such Mortgagee and the City, between the City and the Mortgagees,
agreeing to all of the provisions hereof, provided Owner pays for all legal and other consulting costs
incurred by City in reviewing same.
8.11 Estoppel Certificate. Within thirty (30) days after written request therefore,
the City shall execute and deliver to any proposed Mortgagee in connection with its new Mortgage
and to such Mortgagee thereafter from time to time an estoppel certificate in form and substance
satisfactory to Owner and such Mortgagee ("Estoppel Certificate"). The City hereby agrees to
reasonably cooperate in including in any such Estoppel Certificate from time to time any provision
which may reasonably be requested by any proposed Mortgagee for the purpose of implementing the
Mortgagee protection provisions contained in this Section 8 and allowing such Mortgagee reasonable
means to protect or preserve the lien and security interest of its Mortgage hereunder, clarifYing the
non-applicability of the provisions of this Agreement to such Mortgagee as it relates to parcels other
than the Mortgage Parcel, and/or such other terms and provisions as are customarily required by
Mortgagees (taking into account the customary requirements of their participants, syndication
partners or ratings agencies) in connection with any such financing; provided, however, that no such
Estoppel Certificate shall in any way materially adversely affect any rights of the City or increase
any obligations of City under this Agreement.
8.12 Conflicts. If there is any conflict between this Section 8 and any other
provision contained in this Agreement, this Section 8 shall control
9. MISCELLANEOUS PROVISIONS.
9.1 Rules of Construction. The singular includes the plural; the masculine
gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than one
signer of this Agreement, their obligations are joint and several.
9.2 Entire Agreement, Waivers and Amendments. This Agreement constitutes
the entire understanding and Agreement of the parties with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiation or previous Agreements between the parties
respecting this Agreement. All waivers of the provision of this Agreement must be in writing and
signed by the appropriate authorities of City or of Owner. All amendments to this Agreement must
be in writing signed by the appropriate authorities of City and Owner, in a form suitable for
recording in the Official Records of Orange County, California. Within ten (10) days following the
effective date of this Agreement, a copy of this Agreement shall be recorded in the Official Records
20
DOCSOCIIII0339v] 1/24579-0001
11 B-41
of Orange County, California. Upon the completion of performance of this Agreement with respect
to the completion of construction of each Element or its revocation or termination, an appropriate
Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner
and City shall be recorded in the Official Records of Orange County, California.
9.3 Project as a Private Undertaking. It is specifically understood by the
parties that: (a) the Project is a private development for purposes of Government Code Section 65864
et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning any
improvements to the Property or in connection with the Project; and (c) Owner shall have the full
power and exclusive control of the Property subject to the obligations of Owner set forth in this
Agreement.
9.4 Incorporation of Recitals. The Recitals set forth III Section 1 of this
Agreement are part of this Agreement.
9.5 Captions. The captions of this Agreement are for convenience and reference
only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation,
construction, or meaning of any of the provisions of this Agreement.
9.6 Consent. Unless another standard is specifically given, where the consent or
approval of a party is required in or necessary under this Agreement, the consent or approval shall
not be unreasonably withheld.
9.7 Covenant of Cooperation. The parties shall cooperate with, deal with each
other in good faith, and assist each other in the performance of the provisions of this Agreement.
9.8 Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
9.9 Conflicts of Law. In the event that state or federal laws or regulations
enacted after this Agreement has been entered into or the action or inaction of any other affected
governmental jurisdiction prevent or preclude compliance with one or more provisions of this
Agreement or require changes in plans, maps, or permits approved by the City, the parties shall
provide the other party with written notice of such state or federal restriction, provide a copy of such
regulation or policy, and a statement of conflict with the provisions of this Agreement. The parties
shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this
Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether
the parties reach an Agreement on the effect of such federal or state law or regulation upon the
Agreement, the matter shall be scheduled for hearing before the Council. Public notice of such
hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such
hearing, shall determine the exact modification or suspension which shall be necessitated by such
federal or state law or regulation pursuant to Governmeflt Code Section 65869.5. At the hearing
Owner shall have the right to offer oral and written testimony.
9.10 Enforced Delay; Extension of Time of Performance. In addition to
specific provisions of this Agreement, performance by either party hereunder shall not be deemed to
be in Default, and all performance and other dates specified in this Agreement shall be extended,
where delays or Defaults are due to Litigation; inability to secure necessary labor materials or tools;
or inability to secure debt and/or equity financing on commercially reasonable terms or withdrawal
21
DOCSOC/1 ] 10339vl1124579-000l
11 B-42
of such financing not caused by any act or omission of Owner; war; insurrection; strikes; lockouts;
riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; acts of terrorism;
epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental
restrictions or priority; building moratoria; unusually severe weather; acts or omissions of the other
party; acts or failures to act of any other public or governmental agency or entity (other than the acts
or failures to act of the City which shall not excuse performance by the City); or any other causes
beyond the control or without the fault of the party claiming an extension of time to perform.
Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause
shall be for the period reasonably attributable to the enforced delay and shall commence to run from
the time of the commencement of the cause. Times of performance under this Agreement may also
be extended in writing by the mutual agreement of the Parties.
9.11 Recording. The City Clerk shall cause a copy of this Agreement to be
recorded with the Office of the County Recorder of Orange County, California, within ten (10) days
following the Effective Date of this Agreement.
9.12 Subdivision of Project. The City agrees that, pursuant to the Applicable
Rules, Owner may modify the boundaries of existing lots of the Property within the Property by
means oflot line adjustments. This Section 9.12 shall survive termination of this Agreement.
9.13 Severability. If any provisions, conditions, or covenants of this Agreement,
or the application thereof to any circumstances of either Party, shall be held invalid or unenforceable,
the remainder of this Agreement or the application of such 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 shall be valid and enforceable to the fullest extent permitted by law.
9 .14 Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the Party against whom
enforcement of a waiver is sought and such waiver refers expressly to this Section. No waiver of any
right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or
remedy in respect of any other occurrence or event.
9.15 No Personal Liability. No board member, councilmember, official or
employee of the City shall be personally liable to Owner nor shall any individual, principal, partner,
member or shareholder of Owner be personally liable to City in the event of any default or breach.
9.16 Conditions of Discretionary Approvals. Entitlements shall be governed by
the terms of the approvals of such Entitlements and, in no event, shall such Entitlements be affected
by the termination, rescission, revocation, Default or expiration of this Agreement.
9.17 Precedence. In the event of a conflict between the terms of this Agreement
and the terms of the Entitlements, the terms of this Agreement shall prevail.
22
DOCSOC/I] 10339v] 1/24579-000]
11 B-43
IN WITNESS WHEREOF, this Agreement has been executed by the City of Santa
Ana and by Property Owner.
Dated this _ day of
,200_
THE CITY OF SANTA ANA
By
DAVID N. REAM
City Manager
Approved as to Form:
By
JOSEPH W. FLETCHER
City Attorney
THE GRAND PLAN 1, LLC
A California Limited Liability Company
By
Name
Its
THE GRAND PLAN 2, LLC
A California Limited Liability Company
By
Name
Its
23
DOCSOC/I I 10339vll/24579-0001
11 B-44
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of , 200_, before me,
a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the City Manager of THE CITY OF SANTA ANA, the charter city that
executed the within instrument, known to me to be the person who executed the within instrument on
behalf of the municipal corporation therein named, and acknowledged to me that such municipal
corporation executed the within instrument pursuant to its bylaws or a resolution of its City Council.
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of , 200_, before me,
, a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the of ., the
that executed the within instrument, known to me to be the person who
executed the within instrument on behalf of the municipal corporation therein named, and
acknowledged to me that such municipal corporation executed the within instrument pursuant to its
bylaws or a resolution of its Board.
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of , 200_, before me,
, a Notary Public in and for said state, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the of ., the
that executed the within instrument, known to me to be the person who
DOCSOCIIII0339vl1/24579-0001
24
11 B-45
executed the within instrument on behalf of the municipal corporation therein named, and
acknowledged to me that such municipal corporation executed the within instrument pursuant to its
bylaws or a resolution of its Board.
WITNESS my hand and official seal.
NOTARY PUBLIC
25
DOCSOCII lI0339vll/24579-0001
11 B-46
EXHIBIT A
PROPERTY DESCRIPTION
OWNER PARCEL
PARCELS 1,2,3 & 5 OF PARCEL MAP NO. 89-439, IN THE CITY OF SANTA ANA, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 262,
PAGES 7 THROUGH 10 INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY
THAT PORTION OF FRACTIONAL SECTION 31, IN TOWNSHIP 5 SOUTH, RANGE 9 WEST,
BEING A PORTION OF THE LAND ALLOTTED TO JAMES MC FADDEN, IN THE FINAL
DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN
CASE NO. 1192, ENTERED SEPTEMBER 12,1868 IN BOOK B, PAGE 410 OF JUDGEMENTS
OF 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF MAIN STREET, 66.00 FEET
WIDE, SAID CENTER LINE BEING THE WESTERLY LINE OF SAID SECTION 31, SAID
POINT BEING DISTANT THEREON NORTH 1 DEG. 28' 19" EAST, 2891.68 FEET FROM THE
INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF NEWPORT
AVENUE, 60.00 FEET WIDE, AS SHOWN ON A MAP FILED IN BOOK 10, PAGE 7, RECORD
OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY;
THENCE ALONG COURSES 1, 2 AND 3 DESCRIBED IN A FINAL ORDER OF
CONDEMNATION, A COPY OF WHICH WAS RECORDED APRIL 9,1964 IN BOOK 6998,
PAGE 401, OFFICIAL RECORDS OF SAID ORANGE COUNTY, THE FOLLOWING COURSES
AND DISTANCES; SOUTH 88 DEG. 31' 41" EAST 50.00 FEET; NORTH 46 DEG. 28' 17" EAST,
35.36 FEET; SOUTH 88 DEG. 31' 41" EAST, 127.00 FEET TO THE INTERSECTION WITH A
LINE THAT IS PARALLEL WITH AND 202.00 FEET EASTERLY, MEASURED AT RIGHT
ANGLES FROM SAID CENTER LINE OF MAIN STREET; THENCE SOUTH 1 DEG.28' 19"
WEST, ALONG SAID PARALLEL LINE 160.00 FEET; THENCE NORTH 88 DEG. 31' 41"
WEST, AT RIGHT ANGLES TO SAID CENTER LINE, 202.00 FEET TO SAID CENTER LINE;
THENCE NORTH 1 DEG.28' 19" EAST, ALONG SAID CENTER LINE, 135.00 FEET, MORE
OR LESS, TO THE POINT OF BEGINNING.
PARCEL 1 AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN LOT LINE ADJUSTMENT NO.
01-08, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
RECORDED AUGUST 15, 2001 AS INSTRUMENT NO. 20010566652, OF OFFICIAL
RECORDS.
FRIED PARCEL
PARCEL 2 AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN LOT LINE
ADJUSTMENT NO. 01-08, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, RECORDED AUGUST 15, 2001 AS INSTRUMENT NO.
20010566652, OF OFFICIAL RECORDS.
A-I
DOCSOCII I 10339vll/24579-0001
11 B-47
EXHIBIT B
PUBLIC ART PLAN
1. The Work(s) of Public Art shall be designed, constructed and installed by the Owner;
provided however, that the Signs shall be designed by the City at its sole expense.
2. A Final Design Plan consistent herewith, which proposes specific Work(s) of Public Art for
specific locations and/or applications, shall be submitted to the City's Planning Commission
within thirty sixty five (365) days from the issuance of the first building permit for the
Project. Owner shall install the Public Art not later than the issuance by the City of the first
certificate of occupancy for any Element.
3. The Public Art should invite participation and interaction, inspire, add local meaning,
interpret the community by revealing its culture or history, and/or capture or reinforce the
unique character of the new place.
4. The Public Art should be constructed using durable materials and finishes including but not
limited to stone or metal.
5. The Work(s) of Public Art should be comprised of a single or grouped permanent work(s) at
a prime location visable to the public and sited to complement features such as plaza or
architectural components so that the Public Art is an integral part of the development site.
6. No Public Art shall include advertising of any type, including but not limited to products,
services or businesses.
7. All Public Art shall be properly maintained at all times, be free of any graffiti and shall not
incorporate any flashing or distracting form of illumination.
8. The Owner may assign ownership, maintenance and/or repair responsibilities of the Public
Work(s) of Art to one or more Owners' Association(s). The City shall be solely responsible
for maintaining the Signs.
9. All Public Art shall remain on the Property and may not be removed without the approval of
the Planning Commission.
10. Expenses not included in the Public Art Fee.
1. Expenses to locate the artistes) (e.g., airfare for artist interviews, etc.)
11. Architect and Landscape Architect fees incurred in connection with the Public
Work(s) of Art.
111. Landscaping around Public W ork( s) of Art that is not included as part of the artist's
sculpture furnishings, including, but not limited to, functional structures,
prefabricated water or electrical features not created by the artist, and ornamental
enhancements.
IV. Utility fees associated with activating electronic or water generated artwork.
B-1
DOCSOC/I I 10339vlI/24579-0001
11 B-48
v. Lighting elements not integral to the illumination ofthe Public Work(s) of Art.
VI. Publicity, public relations, photographs, educational materials, business letterhead or
logos bearing artwork image.
Vll. Dedication ceremonies, including sculpture unveilings or grand openings.
11. All molds, dies, or other patterns used in constructing the two (2) gateway entry signs,
together with all plans, shall be property of the City.
B-2
DOCSOC/lll0339vlI/24579-0001
11 B-49
EXHIBIT C
SCHEDULE FOR PUBLICLY-OWNED IMPROVEMENTS
1. City shall complete item no. I.a. on Exhibit A of Publicly-Owned Improvements not later
than June 2005.
2. City shall complete item no. 1.b. on Exhibit A of Publicly-Owned Improvements not later
than five (5) years after the Agency provides City with the then estimated cost of the
project.
3. City shall complete item no. 1.c. on Exhibit A of Publicly-Owned Improvements not later
than five (5) years after the Agency provides City with the then estimated cost of the
project.
Notwithstanding this schedule, City shall make a reasonable good faith effort to effectuate the
completion of these Publicly-Owned Improvements (which, under current law. must be designed
and constructed by Southern California Edison and not the City) prior to the dates specified above.
20
11 B-50
EXHIBIT D
PUBLIC IMPROVEMENTSl
Improvement Location
Street Reconstruction Hutton Centre Drive between Sandpointe
A venue and MacArthur Blvd. Sandpointe
A venue between Main Street & Hutton Centre
Drive Hutton Centre Loop Road between Hutton
Centre Drive to the most easterly driveway on
the north side Eastbound MacArthur Blvd. lanes
between Main Street and Hutton Centre Drive
Construct eastbound right-turn lane MacArthur Blvd. east of Main Street
Provide second northbound right-turn lane Hutton Centre Drive between MacArthur Blvd.
and Hutton Centre Loop Road
New traffic signal Hutton Centre Drive and Hutton Centre Loop
Road
Raised median Hutton Centre Drive from MacArthur Blvd. to
280 feet south of Hutton Centre Loop Road
Raised median Hutton Centre Loop Road to most easterly
driveway on north side
Colored crosswalk Hutton Centre Loop Road east of Hutton Centre
Drive and sidewalk on north side to most
westerly driveway
Street widening to provide fourth eastbound lane MacArthur Blvd. between Hutton Centre Drive
and SR55 southbound on-ramp
Traffic signal modification to provide second MacArthur Blvd. at Hutton Centre Drive
northbound right-turn lane
Raised median Main Street between Sandpointe A venue and
MacArthur Blvd.
Owner shall be obligated to pay prevailing wages in connection with the construction of the Public
Improvements in accordance with the requirements set forth in Attachment No. I, attached hereto and incorporated
herein by reference.
D-l
DOCSOC/1110339vl1/24579-0001
11 B-51
ATTACHMENT NO. 1
TO EXHIBIT D
PREY AILING WAGE REQUIREMENT
A. Owner agrees to pay all workers employed in connection with the work to be performed
pursuant to the Agreement, not less than the prevailing rates of wages, as provided in the
statutes applicable to public works contracts of the City of Santa Ana ("Agency"), including
without limitation Sections 1770-1780 of the California Labor Code.
B. Owner shall maintain accurate records showing the name, occupation and actual per diem,
regular, overtime and holiday wages paid to each worker and fringe benefits (as appropriate)
paid to or on behalf of each worker employed in connection with the work to be performed
pursuant to the Agreement, the hours worked by such workers and amounts withheld
pursuant to law. Such records shall be open to inspection by City staff at reasonable hours.
C. Owner shall cooperate with City staff or its consultants in carrying out any investigation of
any claim made by a worker employed by Owner that less than prevailing wages were paid
for work performed pursuant to the Agreement. Owner shall promptly pay any amount
determined by City to be the difference between the applicable prevailing wage for the
number of hours worked by the claimant and the amount actually paid to the claimant.
D. Owner agrees that, if requested by City, funds due to employee under the Agreement may be
withheld pending the completion of any investigation pursuant to Section C hereof to ensure
that the amount of any restitution, which may be required, is available.
E. Owner agrees that, if City determines that Owner has violated any prOVISIOn of this
attachment/exhibit, funds otherwise due to Owner pursuant to the Agreement may be
withheld, or Owner may be required to post a bond or provide a Letter of Credit or other
security, in an amount sufficient to ensure that workers employed in connection with the
Agreement will receive the prevailing wages for the work to be performed, as determined to
be appropriate by City staff or consultants.
F. In the event that Owner subcontracts with an independent contractor for all or any part of the
work to be performed pursuant to the Agreement, and such subcontractor employs workers to
perform such work:
1. Owner shall assure that such subcontract includes and incorporates this
attachment/exhibit and requires such subcontractor to comply with and be bound by
the provisions hereof as the "Owner" with regard to the workers so employed.
2. In the event any such subcontractor is being investigated by City staff or consultants
pursuant to Section C hereof Owner shall, at the request of City, withhold funds from
such subcontractor prior to the completion of such investigation, to ensure that the
amount of any restitution which may be required is available.
Attachment No. 1-1
to Exhibit D
DOCSOC/l 1 10339vl 1/24579-0001
11 B-52
3. In the event that the City staff determines that any such subcontractor has violated the
provisions of this attachment/exhibit, Owner agrees to cooperate with City in
withholding funds from such subcontractor or requiring such subcontractor to post
security, in accordance with Section E hereinabove.
G. In the event of a dispute between Owner and City staff with respect to a City staff
determination, Owner shall have the opportunity to bring the dispute before City Board for
review. The City Council may take such action, as it deems appropriate, including:
1. Affirming the City staff determination.
2. Referring the matter back to City staff for further investigation.
3. Reversing or modifying the City staff determination.
4. Directing the City staff to appoint an independent hearing exammer for further
investigation.
5. Such other action as the Board may deem appropriate under the circumstances.
H. The parties to the Agreement stipulate and agree that the City is a third party beneficiary of
the provisions of this attachment/exhibit and may enforce the same as such through any
appropriate remedies in law or equity.
1. The provisions of this attachment/exhibit shall be interpreted and applied in accordance with
that certain "Policy on Payment of Prevailing Wages by Private ReOwners or Owner-
Participants", adopted by the Community Redevelopment Agency of the City of Santa Ana
on May 20, 1986, subject to any and all amendments thereto to the date of the Agreement, a
public record on file in the offices of the Agency.
J. Owner shall no later than the 15th day of each month during construction of the Project
submit to the City a self-audit report declaring under penalty of perjury and demonstrating
that during the prior month it has complied with the provisions of this attachment/exhibit and
California prevailing wage law. The self-audit report or statement not be binding nor
conclusive, nor shall the filing or failure to file such report or statement preclude the City
from conducting an audit.
K. Owner shall keep and preserve for a period of not less than four (4) years all records as may
be necessary to determine whether it has paid prevailing wage as required by this
attachment/exhibit, which records shall be made available to the City or its consultants and
agents at all reasonable times for purposes of conducting an audit. Owner shall permit an
examination of such books and records at a location within the City. In the event such books
and records cannot be made available within the City, the operator shall reimburse the City
for the cost of all transportation, lodging, meals, portal-to-portal travel time and other
incidental costs reasonably incurred by the City in conducting the audit. Appropriately
identified confidential or proprietary information furnished to the city as part of an audit shall
remain confidential, except in case of civil action or criminal prosecution.
Attachment No. 1-2
to Exhibit D
DOCSOC/l110339vll/24579-0001
11 B-53
L. Should any City conducted audit conclude that Owner has failed to pay prevailing wage in at
least five percent (5%) of the audited transactions (with a single pay day of a single wage
earner constituting one transaction), then Owner shall reimburse City for all actual costs of
the audit within thirty (30) days ofreceipt by Owner of the City's invoice.
Attachment No. 1-3
to Exhibit D
DOCSOCIl] ]0339v] 1/24579-000]
11 B-54
EXHIBIT E
A VIGA TION EASEMENT
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Santa Ana
Clerk of the Council of the City of Santa Ana
20 Civic Center Plaza, M-30
P.O. Box 1988
Santa Ana, California 92702
EXEMPT FROM FILING FEES. CAL. GOV'T CODE & 6103
(Space Above Line for Recorder's Use)
GRANT OF A VIGATION EASEMENT
(John Wayne Airport)
ASSESSOR PARCEL #
RECITALS:
1. The Grand Plan 1, LLC, a California limited liability company and The Grand Plan 2,
LLC, a California limited liability company (collectively, the "Grantor"), is the owner of the fee
simple estate in and to that certain real property situated in the County of Orange, State of California,
commonly described as 1, 9 and 10 Hutton Centre and 101 E. Sandpointe Avenue, Santa Ana,
California and more particularly described in Attachment No.1, attached hereto and incorporated by
this reference ("Subject Property");
2. It is the desire of Grantor, for itself, its heirs, administrators, executors, successors,
assigns, tenants, guests, and other persons in or using the Subject Property with the implied or
express consent of Grantor, to grant to the City of Santa Ana, a political subdivision of the State of
California (the "City"), an air and avigation easement, also known as a perpetual air, flight or noise
easement, on, upon, over, across, above, or in the vicinity of the Subject Property, and to all of the
Airspace (as hereinafter defined) above the Subject Property, whereby Grantor relinquishes certain
rights relative to the Subject Property, as described in this Grant of Avigation Easement (this
"Avigation Easement");
3. The purpose of this Avigation Easement, and its acceptance by the City, includes
granting the City an A vigation Easement permitting the unencumbered and unrestricted flight of
aircraft to or from John Wayne Airport ("JW A"), owned and operated by the County of Orange,
without liability to the City, to the aircraft operator, or to any other person lawfully operating aircraft
to or from JW A in the navigable airspace of the United States (as defined at 49 U.S.C.S.
s40102(a)(30)), and as that section of the United States Code (and the referenced regulations) existed
on the effective date of this A vigation Easement, and in accordance with relevant regulations of the
United States of America and the State of California, pursuant to the authority granted to the County
Grant of Avigation Easement
DOCSOC/1110339vll/24579-0001
E-l
11 B-55
by the people and the State of California. As agreed upon by the parties, this A vigation Easement is
calculated by reference to the Airport Environs Land Use Plan ("AELUP") for JWA Years
1990/2005 "Project Case" noise contours (as depicted in Appendix D of the AELUP for JW A dated
December 19,2002) plus 1.5 decibels ("dB") Community Noise Equivalent Level ("CNEL");
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged:
WARRANTIES AND COVENANTS:
Grantor warrants and covenants to the City that as of the date hereof:
Grantor holds the entire fee simple interest in the Subject Property;
Grantor shall not convey its interest in the Subject Property, or execute, deliver, or
permit hereafter recordation of any interest in the Subject Property, or any lien or encumbrance
against the Subject Property (or any interest therein), until the earlier of the following events: (i) this
A vi gati on Easement has been properly executed by Grantor, accepted by the City, and recorded by
the Orange County Recorder; or (ii) thirty (30) days have elapsed after Grantor have delivered this
Avigation Easement to the City, properly and fully executed and notarized.
If the person executing this A vigation Easement is other than the Grantor, the person
executing this A vigation Easement has represented to the City, in documentation separate from this
grant, that he/she has been duly and lawfully authorized by Grantor to execute this A vigation
Easement on behalf of Grantor.
GRANT OF A VIGATION EASEMENT
Grantor, individually and for its heirs, administrators, executors, tenants, guests, agents,
successors, assigns, and other persons in or using the property with the implied or express consent of
Grantor, hereby grants, conveys and assigns to the City and its successors, and assigns, a perpetual
non-exclusive and assignable A vigation Easement and the right to enter or penetrate into or transmit
through the Airspace above, on or in the vicinity of the Subject Property for the unobstructed use,
passage or operation of all types of aircraft and the right to create or generate all things and
consequences to the Subject Property that may be, or may be alleged to be, incident to or resulting
from the use and enjoyment of said Airspace and any and all related aircraft and airport operations,
including, but not limited to, those impacts and effects described in Section 5.
This A vigation Easement shall be for air navigation, airport operations, aircraft sound and
noise, aircraft avigation and flight in, to, over and through the Airspace above the Subject Property,
as well as the imposition in, on, over, upon or in the vicinity of the Subject Property of noise, sound,
vibration, fumes, fuel particles, dust, discomfort or other environmental effects incident to such
aircraft operations and any and all resulting annoyance, inconvenience, or other interference with the
use and enjoyment of the Subject Property and any consequent reduction in market value, all due to
the operation of aircraft to and/or from JW A, including landing at, taking off from, taxiing,
maintenance, or other aircraft or related facility operations at or on JW A.
This A vigation Easement is for the use of such airspace by any aircraft, present or future, in
whatever form or type, during operations at, on, to, or from JW A, including any future change to or
increase in JW A's boundaries and/or in the volume or pattern of aircraft traffic or aircraft noise, by
Grant of Avigation Easement
DOCSOC/I I 10339v11/24579-0001
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11 B-56
all existing or future types of aircraft, up to and including the AELUP for JW A Years 1990/2005
"Project Case" noise contours (as depicted in the AELUP for JW A, Appendix D) plus 1.5 dB CNEL,
including the imposition on the surface of the Subject Property and on any and all structures on the
Subject Property of such noise, vibration, fumes, fuel particles, dust, discomfort or other
environmental effects incident to such aircraft operations and any and all resulting annoyance,
nuisance, inconvenience, taking of or damage to the Subject Property, or any portion of the Subject
Property, or other interference with the use and enjoyment of the Subject Property and any
consequent reduction in market value. This A vigation Easement shall continue notwithstanding any
future changes or increases in the type, volume, frequency, duration, or location of operations to,
from or at JW A up to and including the AELUP for JW A Years 1990/2005 "Project Case" noise
contours (as depicted in the AELUP for JW A, Appendix D) plus 1.5 dB CNEL.
This A vigation Easement also includes all things that may be alleged to be incident to or
resulting from the use and enjoyment of this Easement, including, but not limited to, the Grantee's
continuing right to prevent, prohibit, clear and keep clear from the Airspace above the Property any
buildings, portions of buildings, structures or improvements of any kind, and of trees, vegetation, or
other objects that may cause interference with aircraft navigation and/or operations at JW A,
including the right to remove or demolish those portions of such buildings, structures, improvements,
trees, vegetation, or other objects which extend into the Airspace and, in the reasonable judgment of
the Grantee, may cause interference with aircraft navigation and/or operations at JW A, and, at the
reasonable discretion of the Grantee, the right to mark and light, or cause or require to be marked and
lighted, as obstructions or hazards to air navigation or aircraft operations, any and all buildings,
structures, or other improvements, and trees, vegetation, or other objects, which extend into the
Airspace above the Property. This A vigation Easement also includes the Grantee's right of ingress to,
passage within, and egress from the Property to inspect the Property, improvements or vegetation of
any type on the Property and, to remove any building, structure, other improvement, tree or
vegetation (or portion thereof) which extends into the Airspace in violation of this Section, or to
install such lighting, or marking of any such improvement or vegetation as permitted by this Section;
and for all other purposes described in this Section at reasonable times and after reasonable notice.
Grantee shall use reasonable efforts to minimize any disturbance of the occupants of the Subject
Property in exercising its rights hereunder. If any building, structure, other improvement, tree or
vegetation (or portion thereof) extends into the Airspace in violation of this A vigation Easement,
Grantee shall so notify Grantor, or its successors, of such violation and the requested corrective
measure, which may include, but not be limited to, the installation of such lighting, or marking of any
such improvement or vegetation, as required by law. If the Grantor, or its successors, do not correct
such violation within thirty (30) days, or such shorter time period as may be required by Grantee due
to an emergency or some other circumstance requiring more immediate action, the Grantee shall have
the right of ingress to, passage within, and egress from the Property to remove any building,
structure, other improvement, tree or vegetation (or portion thereof) which extends into the Airspace
in violation of this A vigation Easement, or to install such lighting, or marking of any such
improvement or vegetation, as required by law or as reasonably required by Grantee.
The cost to remove any building, structure, other improvement, tree or vegetation (or portion
thereof) which extends into the Airspace in violation of this A vigation Easement, or to install such
lighting, or marking of any such improvement or vegetation as permitted by Section 7; and for all
other purposes described Section 7 shall be borne exclusively by Grantor.
As used in this Avigation Easement, the term "aircraft" shall mean any and all types of
aircraft, whether now in existence or hereafter manufactured and developed, to include, but not be
Grant of Avigation Easement
DOCSOClll10339v11/24579-0001
E-3
11 B-57
limited to, jet aircraft, propeller drawn aircraft, aircraft powered by other means, civil aircraft,
military aircraft, commercial aircraft, helicopters and all types of aircraft or vehicles now in existence
or hereafter developed for the purpose of transporting persons or property through the air, by
whomever owned or operated.
As used in this Avigation Easement, the term "Airspace" shall mean the entire area above
those certain imaginary surfaces over the ground surface of the Property that are within the Federal
Aviation Regulations ('''FAR'') Part 77 Surfaces, as specified in Advisory Circulars 7017460-2K
(height criteria) and 7017460-IH (standards for marking and lighting) and any and all successor
revisions or regulations by the Federal Aviation Administration, any successor agency, or any other
agency of the federal, state or local government of the United States of America exercising
comparable authority except that additional area below those certain imaginary surfaces over the
ground surface of the Property particularly described in Exhibit "A" attached hereto.
It is expressly intended by Grantor and the City that this A vigation Easement shall not
supersede or impair any existing prescriptive, avigation, or other easements, rights, or interests of the
City, in or applicable to the Subject Property, if any, all of which easements, rights, interests, and any
remedies related thereto are expressly reserved by the City.
In furtherance of this A vigation Easement, and rights herein granted, Grantor, and the heirs,
administrators, executors, agents, successors, and assigns of Grantor, hereby covenant at all times
hereafter, that it/they will not take any action or knowingly cause any electronic, light or other
transmissions or emissions, construct or grow any obstruction, or discharge any fumes, dust or smoke
on the Subject Property which would conflict or interfere with or infringe on the City's rights herein
granted, or to otherwise impair the usability or function of JW A.
The rights, easements, benefits, restrictions, covenants and agreements granted herein,
including this A vigation Easement, shall continue notwithstanding any increase or other change in
the type, boundaries, volume of operations, frequency, duration, noise, or pattern, location of air
traffic to, from or at JW A. This A vigation Easement may not be modified, amended, terminated, or
abandoned except by execution and delivery of an instrument executed and acknowledged by the
City, or its agents, successors, and assigns, and Grantor agree(s) that, in the absence of such an
instrument, no conduct or use of the Subject Property by Grantor for any period of time shall be
construed to establish prescriptive rights in Grantor or its successors or assigns, nor shall any conduct
by the City, or its agents, successors and assigns, or increase, diminution, or change in use of this
A vigation Easement, or the operation or use of JW A by Grantee constitute an overburdening of this
Avigation Easement or a termination or abandonment of this Avigation Easement.
Construction of the "MacArthur Place" project (the "Project") at the Subject Property will
require the use of construction cranes and related construction equipment. For purposes of this
A vigation Easement, the City will not consider the temporary utilization of the construction cranes
and related construction equipment that have a height that exceeds JW AFAR Part 77 imaginary
surfaces as an encroachment on or in violation of this A vigation Easement, provided that all of the
following apply:
The Federal A viation Administration ("FAA") has conducted any required
aeronautical study of the proposed object(s) pursuant to FAA Order 7400.2E, and any and all
successor revisions or regulations, and has issued a "Determination of No Hazard to Air Navigation"
for the proposed objects; and
Grant of Avigation Easement
DOCSOC/] ] ]0339v] 1/24579-000]
E-4
11 B-58
All conditions recommended by the FAA in its "Determination of No Hazard to Air
Navigation" are complied with, consistent with FAA standards and requirements.
Extraordinary maintenance and repair activities (e.g., boiler replacement, fa<;:ade replacement,
elevator equipment replacement, cooling tower replacement, seismic damage repair) may be required
after construction of the Project. For purposes of this Avigation Easement, the City will not consider
these types of extraordinary maintenance and repair activities as encroachment(s) on, or violations of,
this Avigation Easement, provided that all of the following apply:
The FAA has conducted any required aeronautical study of the proposed object(s)
required to be utilized during the extraordinary maintenance and repair activities pursuant to FAA
Order 7400.2E, and any and all successor revisions or regulations, and has issued a "Determination
of No Hazard to Air Navigation" for the proposed objects; and
All conditions recommended by the FAA in its "Determination of No Hazard to Air
Navigation" are complied with, consistent with FAA standards and requirements.
In the event of any disaster or other casualty directed against or affecting the building(s)
located on the Subject Property which damages or destroys the building(s), Grantor shall be entitled
to demolish, reconstruct, repair or replace the building(s) on the terms set forth above in Section 14
ofthis Avigation Easement, subject to any required FAA determination(s) and recommendation(s).
The parties to this A vigation Easement acknowledge and agree that the easement, and all the
rights, easements, benefits, restrictions, covenants and agreements set forth herein shall run with the
land of the Grantor and the City, and any grantee, heir, agent, successor or assign of the Grantor who
acquires any estate or interest in or right to use the Subject Property shall be bound by this Avigation
Easement for the benefit of JW A and the City, and its agents, successors and assigns, including,
without limitation, the tenants and licensees of the City, and all users of JW A. This A vigation
Easement and all rights pertaining hereto is hereby vested in the Grantee, its successors and assigns,
forever and without limit in time, and shall be binding upon and inure to the benefit of the successors
and assigns of Grantor.
Grantor, and the grantees, heirs, agents, successors, and assigns of Grantor, hereby fully
waive and forever release, and covenant not to assert or bring any right or cause of action, which it or
they might now have, or which it or they may have in the future, against the City, its agents,
successors, and assigns, or against the tenants, licensees, permittees, or users of JW A, caused by or
relating to the use of this A vigation Easement or the exercise of rights under this A vigation
Easement. This grant of this easement shall not operate to deprive the Grantor, its heirs, agents,
successors, and assigns, of any rights which may from time to time arise against any air carrier or
private operator for negligent or unlawful operation of aircraft.
In the event that anyone or more covenant, condition, right or other provision contained in
this A vigation Easement is held to be invalid, void, or illegal by any court of competent jurisdiction,
the same shall be deemed severable from the remainder of this A vigation Easement and shall in no
way affect, impair, or invalidate any other covenant, condition, right or other provision contained in
this A vigation Easement.
This A vigation Easement constitutes an enforceable restriction pursuant to the provisions of
California law, including, but not limited to, Section 21652 of the California Public Utilities Code,
Grant of Avigation Easement
DOCSOC/1 II0339vl1/24579-0001
E-5
11 B-59
and shall bind Grantor and the grantees, heirs, administrators, executors, lessees, tenants, permittees,
agents, successors, and assigns of Grantor(a), and each and all of them, and shall be appurtenant to,
and for the benefit of, the real property commonly known as JW A, which is more particularly
described in Attachment No.2 attached hereto.
Dated:
_,2005
GRANTOR:
THE GRAND PLAN 1, LLC, a California limited
liability company
By:
Name:
Title:
THE GRAND PLAN 2, LLC, a California limited
liability company
By:
Name:
Title:
Grant of Avigation Easement
DOCSOClll10339v11/24579-0001
E-6
11 B-60
Grant of Avigation Easement
DOCSOC1l110339v11l24579-0001
ATTACHMENT NO.1
TO EXHIBIT E
SUBJECT PROPERTY DESCRIPTION
Attachment No. 1-1
to Exhibit E
11 B-61
Grant of Avigation Easement
DOCSOC/lII0339v11/24579-0001
ATTACHMENT NO.2
TO EXHIBIT E
JW A PROPERTY DESCRIPTION
Attachment No. 2-1
to Exhibit E
11 B-62
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Easement Deed dated
from THE GRAND PLAN 1, LLC and THE GRAND PLAN 2, LLC to
the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the
Constitution and laws of the State of California, is hereby accepted by the undersigned officer or
agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and
Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1998, in
compliance with California Government Code Section 27281 and the grantee consents to recordation
thereofby its duly authorized officer.
Dated:
CITY OF SANTA ANA
By:
Name:
Title: City Manager
Grant of A vigation Easement
DOCSOC/l 1 I0339v11/24579-0001
Certificate of Acceptance
11 B-63
ACKNOWLEDGMENT
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On
, 20 _, before me
personally appeared
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 hislher/their authorized capacity(ies), and that by
hislher/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.
Signature
Grant of Avigation Easement
DOCSOC/I I I0339vll/24579-0001
Acknowledgment
11 B-64
EXHIBIT F
LAKE IMPROVEMENTS
1. Exercise path with markers
2. Upgraded/enhanced landscaping around the Lake with large water oriented shade trees
3. Dancing water jets in the Lake
4. An amphitheatre on the green (back side of the Lake Towers facing the lake)
5. A terraced pedestrian plaza at the base of the Lake Towers
F-l
DOCSOCIl 1 10339vl 1/24579-0001
11 B-65
11 B-66
REQUEST FOR
COUNCIL ACTION
~
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 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
ABANDONMENT NO. 03-05: TO VACATE A
PORTION OF BROADWAY PLACE AND
BROADWAY WEST OF MAIN STREET
~
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CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Adopt a resolution declaring the City's intent to vacate a portion of
Broadway Place and Broadway west of Main Street.
2. Set a public hearing for August 1, 2005.
PLANNING COMMISSION ACTION
Recommended at its meeting of June 13, 2005, that the City Council adopt
a resolution declaring its intent to vacate a southerly portion of
Broadway Place and Broadway by a vote of 6:0 (Leo absent) .
DISCUSSION
The Santa Ana Unified School District is completing construction of the
Manuel Esqueda Elementary School for students in kindergarten through
third grade. To improve student and vehicular access, the school
district proposes to install a student drop-off zone and a 10-foot wide
bus turn-out lane on Broadway Place. To facilitate these improvements,
the vacation of the southerly portion of Broadway Place and Broadway
adjacent to the school site is needed (Exhibit 1).
Existing overhead utilities and street lighting in the vacated area will
be relocated outside of the new school district property. The southerly
end of Broadway will be reconfigured into a partial cul-de-sac on the
east side of the street. Easements for the City's storm drain
facilities and the Orange County Sanitation District sewer trunk
facilities will be reserved in the resolution of vacation.
12A-1
Abandonment No. 03-05
July 5, 2005
Page 2
The proposed resolution will declare the City's intent to abandon its
easement at this location. In addition, the resolution will set a
public hearing for August 1, 2005.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
proposed project is exempt from further review. Categorical Exemption
Environmental Review No. 2003-260 will be filed for this report.
FISCAL IMPACT
There is no fiscal impact associated with this action.
;/-
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James G. Ross
Executive Director
Public Works Agency
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12A-2
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ANAHURST PLACE
JULY 5,2005
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PROPOSED
STREET VACATION
MANUEL ESQUEDA
ELEMENTARY SCHOOL
WARNER AVENUE
EXHIBIT 1
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ABANDONMENT 03-5
PORTION OF BROADWAY PLACE AND
BROADWAY EAST OF MAIN STREET
12A-3
6/28/05 LES
RESOLUTION NO. 2005 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA DECLARING ITS INTENTION TO VACATE A PORTION OF
BROADWAY PLACE AND BROADWAY WEST OF MAIN STREET,
SETTING A PUBLIC HEARING THEREON, AND DIRECTING
NOTICE THEREOF TO BE POSTED AND PUBLISHED
(ABANDONMENT NO. 03-05)
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. Pursuant to and in accordance with Chapter 3 of Part 3 of Division 9 of
the Streets and Highways Code of the State of California, this Council
does hereby declare its intention to vacate a portion of Broadway Place
and Broadway west of Main Street in order to facilitate improved
vehicular and student circulation for the newly constructed Manuel
Esqueda Elementary School.
B. The width of the proposed abandonment area will vary, from 22 feet at
the new school bus and drop-off turn out to 33 feet at the full width
sidewalk, as shown on Exhibits A and B attached hereto and
incorporated herein by this reference.
C. Easements for the City's storm drain facilities and the Orange County
Sanitation District sewer facilities will be reserved in the resolution of
vacation.
Section 2 Notice is hereby given that at the hour of 6:00 P.M. or as soon
thereafter as the matter can be heard on August 1, 2005, in the Council Chambers of the
City of Santa Ana, 22 Civic Center Plaza, Santa Ana, California, a public hearing will be
held by this Council at which time any and all persons interested in or objecting to the
proposed vacation hereinabove described may appear and be heard.
Section 3 The Clerk of the Council is hereby directed to cause this Resolution
to be published twice, once in each of the two successive weeks prior to the abovesaid
hearing, in a newspaper of general circulation in the City.
Section 4 The Executive Director of the Public Works Agency is hereby
directed to post conspicuously, in the manner prescribed by law, notice of the adoption of
12A-4
6/28/05 LES
this Resolution, containing the statement of the day, hour and place of hearing
hereinabove set forth, and describing the portion of the street area to be vacated at least
two weeks before the date set for said hearing.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-065 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
12A-5
EXHIBIT" A"
LEGAL DESCRIPTION
BROADWAY AND BROADWAY PLACE
STREET VACATION
Those portions of the South Y2 of the South Y2 of the Southeast 1/4 of the Southeast 1/4 of
Section 24, Township 5 South, Range 10 West, San Bernardino Meridian, in the CITY of
SANTA ANA, COUNTY of ORANGE, STATE of CALIFORNIA, Together with a portion of
the land allotted to F. W. Koll as recorded in Book "B", Page 410 of Judgements of the District
Court of the 17th Judicial District in and for Los Angeles County, California, described as follows:
PARCEL 1: Broadway Place & Broadway
The VACATION of that portion of the existing right-of-way of Broadway and Broadway Place,
described as follows:
Beginning at the intersection of the centerlines of Main Street, 119 feet wide, and
Broadway Place, 92 feet wide; Thence North 66037'36" West along said centerline of Broadway
Place 60.83 feet; Thence at right angles South 23022'24" West 46.00 feet to the TRUE POINT
OF BEGINNING, being a point in the southwesterly right-of-way line of said Broadway Place,
per deed recorded December 6, 1940 in Book 1062, Page 451, of Official Records; Thence North
66037'36" West along said right-of-way line 414.35 feet to the beginning ofa tangent curve
concave northeasterly and having a radius of346.00 feet; Thence northwesterly along said curve
through a central angle of 21 029'16" an arc distance of 129.76 feet to a point of reverse curvature
with a curve concave southeasterly and having a radius of 10.00 feet; Thence westerly and
southwesterly along said curve through a central angle of 133029'16" an arc distance of23.30 feet
to a point of tangency with the easterly right-of-way line of Broadway, 85.00 feet wide, Thence
along said easterly line South 1022'24" West 24.54 feet to a point hereinafter referred to as
POINT "A", said point also being on a non-tangent curve concave northeasterly and having a
radius of92.00 feet, a radial line of said curve through said point bears South 45027'09" West;
Thence northwesterly along said curve through a central angle of39014'33" an arc distance of
63.01 feet; Thence North 24055'24" East 17.12 feet; Thence North 55009'06" East 17.35 feet;
Thence South 82000'51" East 23.12 feet to a point in a non-tangent curve concave southwesterly
and having a radius of62.00 feet, a radial line of said curve through said point bears North 50049'
12" East; THENCE southeasterly along said curve through a central angle of 17024'16" an arc
distance of 18.83 feet to a point of reverse curvature with a curve concave northeasterly and
having a radius of78.00 feet; THENCE southeasterly along said reverse curve through a central
angle of27012'20" an arc distance of37.04 feet to a point of compound curvature with a curve
concave northeasterly and having a radius of324.00 feet, said compound curve being concentric
with and 22.00 feet northeasterly of said existing southerly right-of-way line; THENCE
southeasterly along said compound curve through a central angle of 17038'44" an arc distance of
99.78 feet; THENCE tangent to said curve South 66037'36" East 148.71 feet to the beginning of
a tangent curve concave northerly and having a radius of 108.00 feet; THENCE easterly along
said curve through a central angle of 18011'42" an arc distance of34.30 feet, to a point of reverse
curvature with a curve concave southerly and having a radius of92.00 feet; THENCE
southeasterly along said curve through a central angle of 18011'42" an arc distance of29.22 feet;
Thence tangent to said curve South 66037'36" East 192.86 feet; THENCE South 33039'18" East
12A-6
28.52 feet to a point in a non-tangent curve concave westerly and having a radius of92.00 feet, a
radial line of said curve through said point bears South 85022'56" East; THENCE southerly along
said curve through a central angle of 15035'04" an arc distance of25.02 feet to a point in a non-
tangent curve concave southwesterly and having a radius of 25.00 feet, a radial line of said curve
through said point bears North 70034'47" East, said curve being in the existing southerly right-of-
way line of Broadway Place; THENCE northwesterly along said curve through a central angle of
47012'23" an arc distance of20.60 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 17,240.575 square feet = 0.3958 acres, more or less.
PARCEL 2: Broadway
The VACATION of that portion of the existing right-of-way of Broadway, described as follows:
Beginning at the hereinabove described POINT "A" in the easterly right-of-way of
Broadway; Thence South 1022'24" West along said right-of-way line 92.41 feet to THE TRUE
POINT OF BEGINNING; Thence continuing South 1022'24" West along said right-of-way line
7.44 feet to a point in the south right-of way line of Broad way; Thence North 88032'10" West
27.08 feet to the point of cusp with a tangent curve concave northwesterly and having a radius of
53.00 feet; Thence northeasterly along said curve through a central angle of30043'00" an arc
distance of28.41 feet to THE TRUE POINT OF BEGINNING.
The above described parcel contains 65.134 square feet = 0.0015 acres, more or less.
0: \b blank\warnmain \broadlegals. wpd
12A-7
\
06 = 21'29'16" R=348.00' L=129.76' 1=65.65'
@ 6 = 133'29'16" R=lo.00' l=23.3O' 1=23.27'
@ SI'22'24"W 24.54'
@ 6 = 39' 14'33" R=92 00' L=63.01' 1=3280'
@ 6 = 17'24'16' R=62 00' l=I8.83' 1=9.49'
(!) 6 = 2172'20" R=78.00' L=37.04' T=I8.87'
@ SI'22'24"W U4'
@ N88'J2'10"W 21.08'
(])6= JO'4J'()(/ R=5J.OO' l=28.41' T=1Ho'
>-
<(
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all
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~ "'~~ 0 ~~O
oN of s~tla~ REt.lO!MloItO
G C1" tl 10 QU\1vv'
O(\S~~t.I ORAliS 10 at PARCEL 1:
s t~sOAt~ V ACA TION OF R/IJ
~
9Ci
C'\j
,
'6= 17'38'44" R=324.00'
l=99.78' 1=50.29'
~~
\~
\~
\~
\
\..-0
\~
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\
\
\
6 = 1871'42' R=I08.00'
l=J4.J()' 1=11.29'
D. = 1871'42" R=92 00'
L=29.22 1=14.73'
@
SCALE: l' = 80'
~ ,/
~ ,~~
~ ,,~~~~
~ L--~~~ s ____ ~ -----
N66'37'J6HW ~ ..-
60.83' ....
~
\ "
\ '
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\
\
\
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\~ \ '
\~ \ \
\ ~ \, 6 = 4172'23" R=25.(}(}'
\ ~ \ \ l=20.00' T=10.92'
\ ~ \ \ S69"47'52t RAD R=92' ,
\ (<\ \ \ N70'34'47"E RAD R=25' ~
~ \ \ i (.
""~ ~ " I I
\ \ ___ .....- ' I '
\ " z.09 I /! ..-
\ ,,~"t1ro~i R;~2ii4'~..!~'/ P pel 1 BROADWAY PLACE a
"'-~ C>~ l",25. SZj''l46.00 ......-- 585'2256 RAD BROADWAY VACATION
.IR AIL IPIHI & MANUEL ESQUEDA ELEMENTARY SCHOOL
.. ~IL lIE IN] SANT A ANA UNIFIED SCHOOL DISTRICT
IPAIFB1f"INIIER S 1601 E. CHESTNUT A VENUE
AACHrT'EOTS A.IA.
_ N _N ~~ ~~~N~ SANTA ANA) C1\WFIJRWA 92701
cr'~_?-_ -- _<F''''_?~? (714) 480-53417~A-ts
JOB NO. 8931
DATE 12-05-03
SHEET NO.
EXHIBIT UBI
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCil MEETING DATE:
CLERK OF COUNCil USE ONl V:
JULY 5,2005
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
APPROPRIATION ADJUSTMENT
ACCEPTING ORANGE COUNTY
TRANSPORTATION AUTHORITY
FUNDS FOR THE SENIOR MOBILITY
PROGRAM ~
. .~
CITY MAN~
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve an appropriation adjustment accepting $172,968 in the Orange County
Transportation Authority Senior Mobility Program revenue accounts (account
nos. 169-01-5374 and 169-01-5369) and appropriate funds to the Senior
Mobility Program expenditure accounts (account nos. 169-255-various and
169-248-6291) .
DISCUSSION
The Orange County Transportation Authori ty (OCTA) developed the Senior
Mobility Program for the purpose of improving transportation services for
seniors in the region. The City is in the fifth year of a five-year
agreement wi th OCTA for providing transportation services to Santa Ana
seniors to and from our two senior centers and various City events.
For FY 2005-2006, the City of Santa Ana will receive $123,394 to continue
the operation of three vehicles used for local senior transportation
services. As part of the agreement the City of Santa Ana will provide a 20
percent local match, which may consist of in-kind staff resources or other
contractual transportation services. Funds for the match are included in
the Parks, Recreation and Community Services Agency FY 2005-06 budget.
In addition, the City will receive $49,574 from OCTA to support the
Vietnamese Community of Orange County's (VNCOC) senior mobility program.
The VNCOC will receive $49,574 and provide the 20 percent local match
required under the agreement. In turn, VNCOC will provide transportation
services for the Vietnamese senior community in Santa Ana.
20A-1
Appropriation Adjustment
Accepting OCTA Funds
July 5, 2005
Page 2
FISCAL IMPACT
The appropriation adjustment will enhance the Orange County Transportation
Authority Senior Mobility Program revenue accounts (account nos. 169-01-
5374 and 169-01-5369) and the expenditure appropriations for the Senior
Mobility Program (account nos. 169-255-various and 169-248-6291) by
$172,968.
~~d~ufl:(J
Executive Dir~ctor,
Parks, Recreation and
Community Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
,\\\.t'\.~f"~.A) ~....~....... .../1
Francisco Gutierrez I~
Executive Director,
Finance & Mgmt. Services Agency
20A-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 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
APPROPRIATION ADJUSTMENT
ACCEPTING COUNTY OF ORANGE
FAMILIES AND COMMUNITIES
TOGETHER GRANT FUNDS
py~
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve an appropriation adjustment accepting $65,497 in County of Orange,
Families and Communities Together Grant funds in revenue account (account
no. 169-01-5361-600) and appropriate the funds to the Families and
Communities Together program expenditure accounts (account no. 169-267-
various) .
DISCUSSION
At its February 18, 2003 meeting, the City Council adopted a resolution
authorizing participation in the Children's Bureau of Southern California's
Families and Communities Together (FaCT) program, which is funded by the
County of Orange. The original agreement, which commenced October 1, 2003,
was for a one-year term with the option to extend the agreement for two
additional one-year terms. The City is entering the third year of this
agreement.
The FaCT Program operates out of the Corbin Family Resource Center and
provides services promoting safe and stable families to at-risk-youth and
families with children ages birth through 18 years. The Corbin Family
Resource Center received $225,500 in FY 2005-06 funding. The Parks,
Recreation and Community Services Agency will receive $65,497 of the total
grant award to provide information and referral services and childcare for
clients attending programs at Corbin. Among the partners participating
wi th the Parks, Recreation and Communi ty Services Agency are: Children 's
Bureau of Southern California, Olive Crest Treatment Center, Camp Fire USA,
and Human Options.
20B-1
Appropriation Adjustment
for Families and Communities
Together Grant
July 5, 2005
Page 2
FISCAL IMPACT
The appropriation adjustment will enhance the County of Orange, Families
and Communities Together Grant revenue account (account no. 169-01-5361-
600) and the expenditure appropriation for the Families and Communities
Together program (account no. 169-267-various) by $65,497.00.
APPROVED AS TO FUNDS AND ACCOUNTS:
Gerardo Moue
Executive D'rector
Parks, Recr ation and
Community Services Agency
".:,. '~';~~A ~ 1...-> ~
Francisco Gutierrez
Executive Director
Finance & Management Svcs. Agency
20B-2
REQUEST FOR
COUNCIL ACTION
~
""'~
CITY COUNCIL MEETING DATE:
JULY 5, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACT RENEWAL FOR
LANDSCAPE MAINTENANCE OF
STREET MEDIANS AND VARIOUS
PUBLIC FACILITIES
",;SPECMa-
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
Renew the contract with Midori Gardens for landscape maintenance of
street medians and various public facilities for a one-year period in an
annual amount not to exceed $600,000.
DISCUSSION
The Public Works Agency is responsible for various public areas that
require regular landscape maintenance. The maintenance includes mowing,
trimming, and cleaning of the City's landscaped medians, 38 miles of
arterial sidewal ks, six water reservoir facilities, neighborhood
monuments and several City-owned parking structures and lots.
On July 2, 2001, the City Council awarded a contract to Midori Gardens,
a Santa Ana vendor, for a three-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.
FISCAL IMPACT
Funds are
(account
account
(account
n
available in the Public Works Median Landscaping account
no. 11-637-6261), Water Utility Water Production & Supply
(account no. 64 -5 7 4 - 62 61), and Environmental Sanitation account
no~ 68-632-6291).
\ 1 ^ h
~~ames G. Ros e
Executive Di ~ctor
Public Works~gency
JGR/WO/OI-076-R.9:sp
APPROVED AS TO FUNDS AND
. ':\(\.~~~~.2) ~ ~.J~'-'
(~.\'\Francisco Gutierrez -1...1
Executive Director I~
Finance & Mgmt. Services
22A-1
ACCOUNTS:
Agency
CS 383
22A-2
REQUEST FOR
COUNCIL ACTION
~
~~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
CONTRACT RENEWAL FOR
MISCELLANEOUS PLUMBING SUPPLIES
(SPEC. NO. 02-078)
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
aM/2,--
CITY MANAGER
CONTINUED TO
/{f/
FILE NUMBER
RECOMMENDED ACTION
Renew the contract with Irvine Pipe & Supply for miscellaneous plumbing
supplies for a one-year period in an annual amount not to exceed
$48,000.
DISCUSSION
Plumbing supplies such as pipes , valves, bushings and tools are used
extensively in the maintenance of City facilities. Various departments
require a wide range of materials for repair or improvement proj ects.
The contract will ensure that all necessary materials are available when
required.
On June 17, 2002, the City Council awarded a contract to Irvine Pipe &
Supply, a Santa Ana vendor, for a two-year period, with provision for
two one-year renewals. The vendor has agreed to renew the contract;
however, the vendor has requested an 11 percent increase due to
increases from manufacturers as a result of rising costs for steel,
brass, and copper. The vendor has performed satisfactorily during the
past contract period, and staff recommends the final renewal of the
contract.
FISCAL IMPACT
Funds are available in the various departmental Operating Materials and
Supplies accounts (object code 6391).
:t ~;J ~['.1::> \\~~
1..-,;' Francisco Gutierrez .rJ
,.; Executive Director ,
Finance and Management Services Agency
FG/WO/02-078-R.2:sp
22B-1
CS :183
22B-2
REQUEST FOR
COUNCIL ACTION
~
\f.d\lcat IOn ls~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
CONTRACT RENEWAL FOR
CHARTER BUS SERVICES
(SPEC. NO. 03-041)
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
1..~
fL;2a
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contract with
charter bus services for
exceed $45,000.
Certified Transportation Services, Inc. for
a one-year period in an annual amount not to
DISCUSSION
The Parks, Recreation and Community Services Agency utilizes charter bus
services for youth excursions and transportation to Zoo Camps. Coach
buses with restroom facilities are used for excursions that require one
hour or more of travel time. Shuttle buses are used for trips lasting
less than one hour.
On June 2, 2003, the City Council awarded a contract to Certified
Transportation Services, Inc., a Santa Ana vendor, for a two-year period
wi th provision for three one-year renewals. The vendor has agreed to
renew the contract; however, the vendor has requested a four percent
increase due to the rising costs of fuel and insurance. The vendor has
performed satisfactorily during the past contract period, and staff
recommends the first renewal of the contract.
FISCAL IMPACT
Funds are available in the Recreation and Community
Guidance Other Contractual Services account (account no.
Services Youth
11-275-6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
"":\I\.~~~~~~\ ~~~~-"'-.
'~Francisco Gutierrez fw
Executive Director
Svcs. Agency Finance & Mgmt. Services Agency
22C-1
Gerardo Mouet
Executive Dir
Parks, Rec. & Comm.
GM/WO/03-041-R.8:sp
cs
22C-2
REQUEST FOR
COUNCIL ACTION
~
'-"~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
CONTRACT RENEWAL FOR
ANIMAL FOOD
(SPEC. NO. 03-047)
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
\,'Irj
f2/:i;tZ
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contract with Midway City Feed Company for animal food for a
one-year period in an annual amount not to exceed $30,000.
DISCUSSION
Various types of animal food are required for the Santa Ana Zoo at
Prentice Park. The contract for animal food is designed to provide
quality products at significant savings based on quantity pricing.
On June 17, 2003, the City Council awarded a contract to Midway City
Feed Company for a two-year period with provision for two one-year
renewals. The vendor has agreed to renew the contract; however, the
vendor has requested a five percent increase due to increases from the
animal food manufacturers. The vendor has performed satisfactorily
during the past contract period, and staff recommends the first renewal
of the contract.
FISCAL IMPACT
Funds are available in the Santa Ana Zoo Animal Food & Supply account
(account no. 11-247-6392).
APPROVED AS TO FUNDS AND ACCOUNTS:
Ge&~!:1~
. ~\ I. \. :::::-
, \~\~['h hl~,,--.. '
~fFranci~co G~tierrez fw
Executlve Dlrector
Finance & Mgmt. Services Agency
Executive Director
Parks, Rec. & Comm. Svcs. Agency
GM/WO/03-047-R.8:sp
220-1
:383
220-2
REQUEST FOR
COUNCIL ACTION
~
~~
CiTY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
CONTRACT RENEWAL FOR
ASPHALT STREET MAINTENANCE
(SPEC. NO. 04-010)
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__
tlPf)CZ
CONTINUED TO
.\.~
" " '1
---
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the
maintenance
$326,910.
contract with Hardy &
for a one-year period
Harper, Inc., for
in an annual amount
asphalt
not to
street
exceed
DISCUSSION
The Public Works Agency's Street Maintenance Division is responsible
for maintaining the streets of Santa Ana. In order to do so, a
contract for annual asphalt street maintenance operations is required.
Contract services include the excavation and cold milling of existing
roadways, the installation of pavement reinforcement fabric,
construction of asphalt concrete pavement, and crack sealing.
On April 5, 2004 the City Council awarded a contract to Hardy & Harper,
Inc., a Santa Ana vendor, for a one-year period. 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 renewal of the contract.
FISCAL IMPACT
Funds are available in the Public Works Road Maintenance Other Contract
Services account (account no. 11-631-6291).
(\
~
APPROVED AS TO FUNDS AND ACCOUNTS:
JGR/WO/04-010-R.9:sp
'=\~S'l'-~ :~r..~ ~A~.-: ~
C;~ Franci~co Gutierrez 1:0
Executlve Director 1
Finance & Mgmt. Services
22E-1
~J am~s) G ~ -RO~
Executive Di ~ctor
Public Works Agency
CS 383
22E-2
REQUEST FOR
COUNCIL ACTION
~
~.l;~~~-!~IJ<
'-'v ~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
CONTRACT RENEWAL FOR
ASPHALT POTHOLE REPAIRS
AND SIDEWALK MAINTENANCE
(SPEC. NO. 04-046)
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
\:~t ~
(2::lt2
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contract with Hardy & Harper, Inc., for asphalt pavement
pothole repairs for a one-year period in an annual amount not to exceed
$325,000.
DISCUSSION
The Public Works Agency's Street Maintenance Division is responsible
for repair of streets and sidewalk maintenance in Santa Ana. Contract
serVlces will include the repair of all potholes a minimum of six
inches wide and one inch deep, and the repair of damaged pavement areas
not exceeding 25 sq. ft. in diameter and two inches in depth with an
asphal t overlay. In addition, the contract will provide for sidewalk
maintenance, which includes sidewalk ramping and sidewalk offset
grinding, which are used to reduce risks to pedestrian traffic.
On May 2, 2004, the City Council awarded a contract to Hardy & Harper,
Inc., a Santa Ana vendor, for a one-year period, with provision for one
one-year renewal. 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 renewal of the contract.
FISCAL IMPACT
Funds are available in the Public Works Road Maintenance Other Contract
Services acc unt (account no. 11-631-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~S-\l'~ ~..~~.-'>
~~Francisco Gutierrez f~
Executive Director
22F-1inance & Mgmt. Services Agency
James G. Ross
Executive Dir
Public Works A
CS 383
22F-2
REQUEST FOR
COUNCIL ACTION
~
.,~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
CONTRACT AWARD FOR
DISPATCH CONSOLES
(SPEC. NO. 05-009)
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
;/ 1~/7 //2'
[/;1.,,/./ ,j ,(?~--
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Reject the alternate bid - Option B from Watson Furniture Group,
Inc. as nonresponsive to the specifications.
2. Award a contract to Ergoflex Systems Inc d/b/a XYBIX Systems, Inc.
to deliver and install Dispatch Consoles in the amount of
$171,644.49.
DISCUSSION
On December 20, 2004, the City Council approved an appropriation
adj ustment for the Santa Ana Police Department, accepting funds from
the State of California 9-1-1 Emergency Communications Office, for the
Police Department's Communication Section. The grant allows funding to
replace or upgrade the department's communications center's dispatch
consoles. The new dispatch consoles are ergonomic and designed for
high intensity, multi-user, 24/7 operations to suit the different needs
of staff.
The notice inviting bids was advertised on January 21 and 24, 2005, and
bids were solicited. A summary of the bid invitations and bids
received is as follows:
7 Invitations For Bid mailed
2 Bids received
22G-1
I';S 381
Contract Award for Dispatch Consoles
(Spec. No. 05-009)
July 5, 2005
Page 2
Bids were received and opened on February 18, 2005. The bid
specification for the consoles required unified frame construction,
front and rear access to all shelves, and slide out shelving. Watson
Furniture Group, Inc. submitted an alternate bid Option B for
consoles that did not have unified frame construction or front and rear
access to all shelves. The slide-out shelving was available as an
option for an additional cost. The bid received from Ergoflex Systems
Inc d/b/a XYBIX Systems, Inc. is responsive to the specifications and
meets the Police Department Communications Section's requirements. Bid
results are as follows:
Vendor:
Ergoflex Systems, Inc. d/b/a XYBIX Systems, Inc.
Watson Furniture Group, Inc.
Amount:
$171,644.49
$186,335.68
FISCAL IMPACT
Funds are available in the Police Block Grants State 9-1-1 Grant
Machinery & Equipment account (account no. 128-324-6641).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~
Chief of Police
'\~~C'.~ ~d' -'-- 'j ~~n >-...../
~~Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
~r
/ '!
Agency
PMW/TO/05-009.7:sp
22G-2
REQUEST FOR
COUNCIL ACTION
~
~r~lj\
~ {;.
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
CONTRACT AWARD FOR
STEEL DOOR REPLACEMENTS AT
WATER PUMPING STATIONS
(SPEC. NO. 05-060)
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
''1/
\; .","/
t2/1J~
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award a contract to Action Door Repair Corp. to provide all labor,
materials, and incidentals for steel door replacements at various water
pumping stations in the amount of $18,235.69.
DISCUSSION
On August 16, 2004, the City Council accepted a $15 million Urban Area
Security Initiative grant from the federal Department of Homeland
Security, through the State of California, Office of Homeland Security.
This initiative was designed to enhance the domestic preparedness of
urban areas by ensuring that all emergency first responders have
adequate equipment and systems to prevent, respond to and recover from
acts of terrorism. The grant provides total reimbursement to local
agencies for equipment purchases approved and authorized by the Office
of Disaster Preparedness.
The Public Works Agency's Water Production Division is continuing with
its security enhancement project to increase security at water pumping
stations throughout the City, and has identified steel doors at several
pump stations for replacement. The steel doors will be a minimum of
16-gauge with internal reinforcement, and will be equipped with
securi ty louvers and locking mechanisms. The new steel doors will
increase security at the water pumping stations by preventing
unauthorized individuals from gaining access to the facilities, thereby
reducing the possibility of a terrorist attack.
22H-1
CS 3fU
Contract Award for Steel Door Replacements
at Water Pumping Stations
(Spec. No. 05-060)
July 5, 2005
Page 2
The notice inviting bids was advertised on May 6 and 9, 2005, and bids
were solicited. A summary of the bid invitations and bids received is
as follows:
6 Invitations For Bid mailed
2 Invitations For Bid received
Bids were received and opened on June 9, 2005. The bid received from
Action Door Repair Corp. is responsive to the specifications and meets
the City's requirements. Bid results are as follows:
Vendor:
Action Door Repair Corp.
Commercial Door
Amount:
$18,235.69
$25,702.80
FISCAL IMPACT
Funds are available in the Office of
Areas Security Initiative (UASI) Grant
account (account no. 125-613-6391)
Emergency Services
Operating Materials
(OES) Urban
& Supplies
/
APPROVED AS TO FUNDS AND ACCOUNTS:
,..
James G. Ro s
Executive D rector
Public Work~ Agency
ej.fS Francisco
Executive
Finance &
""~ '>~.~ ~~3: ~
Gutierrez
Director
Mgmt. Services
o
fil/
\. 1 ^
J~
-
Agency
JGR/TO/05-060.9:sp
22H-2
REQUEST FOR
COUNCIL ACTION
~
s~
'V V
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
CONTRACTS AWARD FOR
FERTILIZERS AND WATER
TREATMENT CHEMICALS
(SPEC. NO. 05-065)
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 ;-
"If"
t2A7cz-
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award contracts for fertilizers and water
one-year period with provision for one
following annual amounts not to exceed:
treatment
one-year
chemicals
renewal,
for a
in the
Bidder: Location:
Categories: Amount:
Waterline Technologies, Santa Ana
Inc.
Water Treatment $76,529
Target Specialty Santa Fe Springs
Products
Fertilizers $10,518
DISCUSSION
The Parks, Recreation and Community Services Agency requires various
fertilizers to sustain abundant plant growth in the City's parks.
Chemicals are also required to maintain the various public swimming pools
and water fountains throughout the City. In addition, the Public Works
Agency uses chemicals to control the growth of algae in the City's sewer
system and water wells. The fertilizers and water treatment chemicals
are purchased through the Central Stores warehouse for distribution to
the agencies. The contracts for fertilizers and water treatment
chemicals are designed to provide quality products at significant savings
based on quantity pricing.
221-1
Contracts Award for Fertilizers
and Water Treatment Chemicals
(Spec. No. 05-065)
July 5, 2005
Page 2
The notice inviting bids was advertised on May 27 and 30,
bids were solicited. A summary of the bid invitations
received is as follows:
2005,
and
and
bids
6 Invitations For Bid Mailed
2 Invitations For Bid Mailed to Santa Ana vendors
3 Bids received
2 Bids received from Santa Ana vendors
Bids were received and opened on June
were evaluated by individual product
from Waterline Technologies, Inc., a
Specialty Products are responsive to
respective categories.
14, 2005 (Exhibit 1). The bids
categories. The bids received
Santa Ana vendor, and Target
the specifications In their
FISCAL IMPACT
Funds are available in the various departmental Operating Materials &
Supplies accounts (object code 6391)
~~NJ-J ~~:~'-4
(J Francisco Gutierrez fJ
Executive Director
Finance and Management Services Agency
FG/WO/05-065.2:sp
221-2
ABSTRACT OF BIDS
CONTRACT AWARD FOR FERTILIZERS AND WATER TREATMENT CHEMICALS (05-065)
Waterline
Technologies, Inc.
Western Farm
Service
Target Specialty
Products
Location:
Santa Ana
Santa Ana
Santa Fe Springs
Terms:
Net 30
Net 30
Net 30
Categories:
Water Treatment
Fertilizers
$ 71,024.47 $ 10,985.74 No Bid
No Bid No Bid $ 9,761.14
$ 71,024.47 $ 10,985.74 No Bid
<$ 710.24> <$ 109.65>
(1% LaC. PREF.) (1% LaC. PREF.) None
$76,529.00 $ 11,837.13 $ 10,518.00
Subtotal:
Discount:
Total:
(Including 7.75% Sales Tax)
EXHIBIT 1
221-3
221-4
REQUEST FOR
COUNCIL ACTION
~
""~
CITY COUNCIL MEETING DATE:
JULY 5, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
CONTRACTS AWARD FOR
LANDSCAPING AND HAND TOOLS
(SPEC. NO. 05-071)
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
,: ".,;;(
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CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award contracts for landscaping and hand tools
with provision for two one-year renewals in
amounts not to exceed:
for
the
a two-year period
following annual
Bidder:
Location:
Categories: Amount:
Shamrock Supply Co., Inc.
Santa Ana
A, B, C, E, G, H, $35,514
I, J, K, M, N, 0,
R, and walk-in
Omni Western, Inc.
Anaheim
D, F, L, P, S $ 8,033
Kathco Products
Commerce
Q $ 1,510
DISCUSSION
In order to perform general maintenance, various City departments
require an as sortment of tools such as saws, hammers , screwdrivers,
shovels, and rakes. The items are purchased through the Central Stores
warehouse for distribution to the various departments. The contracts
for landscaping and hand tools are designed to provide quality products
at significant savings based on quantity pricing. In addition, the
City also establishes contracts for miscellaneous landscaping and hand
tool purchases with local suppliers for items that are not available
from Central Stores.
22J-1
CS ::183
Contracts Award for Landscaping and Hand Tools
(Spec. No. 05-071)
July 5, 2005
Page 2
The notice inviting bids was advertised on June 3 and 6, 2005, and bids
were solicited. A summary of the bid invitations and the bids received
is as follows:
23 Invitations For Bid mailed
7 Invitations For Bid mailed to Santa Ana vendors
6 Bids received
1 Bid received from a Santa Ana vendor
Bids were
The bids
received
Western,
in their
received, opened on June 1, 2005, and evaluated (Exhibit 1).
were evaluated by individual product categories. The bids
from Shamrock Supply Co. Inc., a Santa Ana vendor, Omni
Inc., and Kathco Products are responsive to the specifications
respective categories and meet the City's requirements.
FISCAL IMPACT
Funds are available in the various departmental Operating Materials &
Supplies accounts (object code 6391)
"\ ~~ ~ l' .. ~ ~ '"~~ '-Q.........
S~ Francisco Gutierrez fJ
Executive Director
Finance & Management Services Agency
FG/WO/05-071.2:sp
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22J-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
APPROVED
REJECTION OF BIDS FOR MAIN
STREET WATER MAIN
IMPROVEMENTS (PROJECT 05-
3197)
o As Recommended
o As Amended
o Ordinance on 15t Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
@I
{2Uk
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Reject all bids for the Main Street Water Main Improvements project and
authorize staff to re-advertise.
DISCUSSION
This project involves the construction of a new water main and
appurtenances along Main Street from MacArthur Boulevard to Sunflower
Avenue (Exhibit 1). Work includes the construction of new water main,
fire hydrants, and water services. Once completed, this proj ect will
eliminate water main breaks and leaks associated with older and
deteriorated water main, enhance water service capacity and provide fire
protection to the surrounding neighborhoods.
The Notice Inviting Bids was advertised on May 16 and 18, 2005, and bids
were opened on June 9, 2005. A summary of the bid invitations mailed,
the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 2
Contractors requesting bidding documents: 15
Bids received: 8
Bids received from Santa Ana Contractors: 0
23A-1
Rejection of Bids for Main
Street Water Main Improvements
July 5, 2005
Page 2
Name of Bidder
1.
2.
3.
Engineered Plumbing, Inc.
A.R. Sarmiento, Inc.
Dominguez General Engineering
Construction
R & L Sewers
J. De Sigio Construction, Inc.
Herman Weigsker, Inc.
John T. Malloy, Inc.
Robert G. Castonogia, Inc.
City
Bid Amount
4.
5.
6.
7.
8 .
Baldwin park
La Mirada
Rosemead
$354,270.00
$363,165.00
$364,160.00
Paramount
Downey
Bloomington
Los Angeles
Downey
$420,660.00
$422,840.00
$475,795.17
$494,840.00
$671,567.00
A total of eight bids were submitted and all were responsive. Engineered
Plumbing, Inc. submitted the lowest responsive bid for $354,270, which is
substantially above the Engineer I s estimate of $292,520. Because the
bids received were higher than estimates, Staff recommends rejection of
all bids in order to revise the scope of work so that bids received will
be within the available budget. The project will be re-advertised for
bids after the redesign is completed.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
10
~
James G. Ross
Executive Director
Public Works Agency
pwa_f_serv\Engineering\Construction\RFCA-draft\05-3197 reject and re-adv 2005-07-05 50 WD
23A-2
(
MACARTHUR BLVD
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SUNFLOWER A VB.
COLUMBINE AV
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PROJECT LOCATION
City Council Title:
Agenda Date
JULY 5, 2005
EXHIBIT 1
PROJECT* 05-3197
MAIN STREET
WATER MAIN IMPROVEMENTS
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REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONL V:
JULY 5, 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
AGREEMENT AMENDMENT FOR BUILDING
PLAN CHECK SERVICES WITH WILLDAN
(JJ:?;(j~
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 amendment to an agreement with Willdan
for plan check services in an amount not to exceed $100,000.
DISCUSSION
In October 2004, the City entered into an agreement with Wil1dan for
contracted Plan Check service for an amount not to exceed $45,000. These
services were required due to an increase in construction activity and
the resul ting increase in the number of proj ects submitted for plan
check.
The upswing in construction continues to be apparent, in addition to the
current seasonal increase in construction activity typically experienced
during the spring and summer months. Further, the high-rise projects now
in the planning process will cause a significant increase in the plan
check workload in the 2005-06 fiscal year. In order to maintain a
desirable rate of turn-around in processing plan submissions for our
customers, it is recommended that the City continue to contract for part-
time plan examiner services to assist at the Public Counter
Willdan has proven effective for the services required and the firm
currently has a staff person available with the necessary skill level.
This agreement would authorize services from this contractor for
approximately 20 hours per week at a rate of $55 per hour.
25A-1
Agreement with Willdan
July 5, 2005
Page 2
FISCAL IMPACT
The additional funds of $55,000 are available in the Planning and Building
Agency's account for other contractual services (account no. 11-508-6291).
APPROVAL AS TO FUNDS AND ACCOUNTS:
~1
~C\.~~\.~~J,) \ ~:: .~
Francisco Gutierrez -
Executive Director l~
Finance & Management Services Agenc~
M. Trevino
xe utive Director
Panning and Building Agency
SB:rb
sb\RFCA's\Wildan Plan Check Svcs Amend 6~05,
25A-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
APPROVED
AGREEMENT FOR SALE OF POLICE
CANINE
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
(/
ai()tZ
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 the Santa Ana Unified
School District for the sale of a police canine in an amount not to exceed
$3,000.
DISCUSSION
The Santa Ana Police Department's Canine Unit provides assistance to the
Patrol Division by safely locating suspects, detecting narcotics, and
handling other calls for service. "Rudy," a Belgian Malinois canine, is no
longer needed as an active member of the Canine Unit. The Santa Ana
Unified School District wishes to purchase "Rudy" for use by the School
Police. Staff recommends the sale of the canine to the school district to
enhance the district's policing activities.
FISCAL IMPACT
Approval of the recommended action will enhance the Police Department, Sale
of Animals revenue account (account no. 024-01-5631) in the amount of
$3,000.
APPROVED AS TO FUNDS AND ACCOUNTS:
)
~., W \~l~-
Paul M. Walters
Chief of Police
Police Department
\-~~~~'''c!'. ~ ~.~~:____
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
/0/
Agency V
,..I
258-1
258-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
APPROVED
TITLE:
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
AGREEMENT FOR LAW ENFORCEMENT
HELICOPTER SERVICES
{
aU;tZ
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 the Airborne Law
Enforcement Services Joint Powers Authority for law enforcement helicopter
services in an annual amount not to exceed $204,875.
DISCUSSION
In October 1994, the City of Santa Ana began participating in the Airborne
Law Enforcement Services (ABLE) program. ABLE is a regional helicopter
program, which combines the airborne resources of the City of Costa Mesa
and the city of Newport Beach to provide enhanced law enforcement services
to participating agencies. The intent of the program is to make
helicopters more available and affordable to law enforcement agencies
throughout the region.
Law enforcement helicopters allow the Police Department to continue to
provide a rapid and enhanced response to incidents posing the greatest
risk to the public, including robberies, burglaries, assaults, and fleeing
felons. The agreement provides for services from July 2005 through June
2006. In addition, the Santa Ana Police Department will provide one full-
time sworn police pilot/observer to the ABLE program and, in exchange,
receive a credit of $130,298 to reduce the cost to $204,875.
25C-1
Helicopter Services Agreement
July 5, 2005
Page 2
FISCAL IMPACT
Funds are available in the FY 2005-06 Community Development Block Grant,
Capital Project Account (account no. 135-149-6931).
APPROVED AS TO FUNDS AND ACCOUNTS:
\/ " {'\^'\
,; I \ . '-J-
--^.... '-' '^-- ,( .
,v
Paul M. Walters
Chief of Police
Police Department
~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
25C-2
CITY COUNCIL MEETING DATE:
~
~
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
APPROVED
AGREEMENT FOR POLICE DIGITAL
EVIDENCE MANAGEMENT SYSTEM
o As Recommended
o As Amended
o Ordinance on 1 sl Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
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 Linear Systems for the
purchase of a Digital Photographic, Video, and Audio Evidence Management
System in an amount not to exceed $600,000.
DISCUSSION
On August 16, 2004, the City Council accepted a $15 million Urban Area
Security Initiative grant from the federal Department of Homeland Security,
through the State of California, Office of Homeland Security. This
initiative was designed to enhance the domestic preparedness of urban areas
by ensuring that all emergency first responders have adequate equipment and
systems to prevent, respond to and recover from acts of terrorism. The
grant provides total reimbursement to local agencies for equipment
purchases approved and authorized by the federal Office of Domestic
Preparedness.
The Santa Ana Police Department is the largest municipal police agency in
Orange County, and the lead agency in one of the five mutual aid regions in
the county. A complete digital evidence management system is a necessary
investigative tool that would assist in the successful documentation of
extensive crime scenes resulting from terrorist acts should they occur
within this urban area. This type of system is able to capture, process,
enhance, maintain, or disseminate digital evidence. In addition, it is the
only efficient and effective way of documenting a large scale, dynamic
crime scene that one would expect to result from a weapons of mass disaster
incident.
250-1
Agreement For Police Digital
Evidence Management System
July 5, 2005
Page 2
On May 5, 2005, the City issued a Request for Proposal (RFP) for a Digital
Photographic, Video, and Audio Evidence Management System. Requests for
Proposals were mailed to five vendors and advertised in the Orange County
Register on May 9th and 11th 2005. A total of two proposals were received.
Each of the proposals were reviewed by staff members of the Technology and
Support and Investigations Bureaus and were evaluated on the following
criteria: (1) responsiveness to the RFP, (2) ability to meet production
schedule within required timetable, (3) infrastructure, hardware and
software systems and configurations, (4) quality and number of references,
(5) demonstrated ability to provide comparable services as requested in the
RFP, (6) level of service proposed, (7) maintenance plan, (8) financial
stability and resources, and (9)pricing.
The evaluation ratings for the two vendors are as follows:
RATING
Linear Systems
79.4%
Dataworks Plus/Imaging Products Inc.
58.4%
The recommended vendor, Linear Systems, received the highest percentage in
the scoring process and met or exceeded the evaluation criteria.
FISCAL IMPACT
Funds are available in the 2004 UASI Grant Other Contractual Services
Account (account no. 125-331-6291-33103).
APPROVED AS TO FUNDS AND ACCOUNTS:
"
'L~L,- \~
1~"'I'~t..cJ ~~ L.
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services
I/'
?(
PauI'''M. Walters
Chief of Police
Police Department
Agency
250-2
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
JULY 5, 2005
CLERK OF COUNCIL USE ONLY:
TITLE:
APPROVED
1/
P
~-
ITV MANAGER
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 FOR CONSULTING
SERVICES FOR WESLEY A. BOSCH
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 Wesley A. Bosch,
M.A., to provide counseling and assessment services for clients at the
Santa Ana W/O/R/K Center for an amount not to exceed $65,000.
DISCUSSION
Wesley A. Bosch, a Family and Marriage Counselor, has been providing
counseling services for clients at the Santa Ana W/O/R/K Center for the
past five years. Mr. Bosch assists clients in resolving personal and/or
family issues that may be interfering with their ability to seek
employment or training. He also helps clients to clarify, identify and
establish appropriate career goals and direction through counseling and
through assessment. Staff recommends that the contract with Mr. Bosch be
renewed until June 30, 2006, to continue to provide this service to
W/O/R/K Center clients.
25E-1
Contract for Consulting Services for
Wesley A. Bosch
July 5, 2005
Page 2
FISCAL IMPACT
Funds for this contract will be available in the One Stop program account
(account no. 123-161-6291), the 15 Percent Governor's Grant (account no.
123-198-various), the 15 Percent Wagner-Peyser Grant (account no. 123-
199-various), the SSA WEX Grant (account no. 124-324-6939), the One Stop
Adult 05-06 (account no. 123-163-6939), and the One Stop Dislocated
Worker 05-06 (account no. 123-164-6939).
APPROVED AS TO FUNDS AND ACCOUNTS:
patricia C. Whitaker
Executive Director
Community Development Agency
':\ ~~t' ~6' ~) ~....~ ~ Q...,--
Francisco Gutierrez
Executive Director ~
Finance & Management Services AgenC~~
--"
PCW/LM/mlr
H:\ACTIONS\200S CC\ContConsultingServWes Bosch
7-S-0S.doc
25E-2
../
REQUEST FOR
COUNCIL ACTION
~~~
ril.~} .\
~~~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
MINOR EXCEPTION NO. 2005-05 TO
PERMIT A FENCE THAT EXCEEDS THE
FRONT YARD FENCE REQUIREMENT AT 1261
HALLADAY STREET - MARIA ZARATE,
APPLICANT
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
/ -:~/ 22
I /1 /,. ./-,/ :",'
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CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report denying Minor Exception No. 2005-05.
PLANNING COMMISSION ACTION
On June 13, 2005, the Planning Commission denied Minor Exception No.
2005-05 by a vote of 4:2 (De La Torre and Nalle opposed, Leo absent) to
allow relief from the height requirement for a constructed front yard
wrought iron fence in the Single-Family Residential (R1) zoning district
at 1261 Halladay Street. The Planning Commission made no changes to the
recommended conditions of approval outlined in the attached staff report
(Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
( ~=l~ /
CfciyM. Trevino
~cutive Director
Planning & Building Agency
BSP:rb
bsp\staff reports\meOS-OS,cc
31A-1
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION MEETING DATE:
JUNE 13, 2005
TITLE:
PUBLIC HEARING - MINOR EXCEPTION
NO. 2005-05 TO PERMIT A FENCE THAT
EXCEEDS THE FRONT YARD FENCE
REQUIREMENT
Prepared by Bob St. Paul
~~:'2irector
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
~~p~~F
Adopt a resolution denying Minor Exception No. 2005-05.
Zoning Administrator Action
Referred to the Planning Commission pursuant to Santa Municipal Code
(SAMC) Section 41-641 at its May 4, 2005 meeting.
DISCUSSION
Request of Applicant
Maria Zarate is requesting approval of Minor Exception No. 2005-05 to
legalize wrought iron fencing exceeding the 36-inch maximum height for
front yard fences on non-arterial streets for the property at 1261
Halladay Street.
Property Description
The General Plan land use designation
Residential (LR-7), and is located within
zoning district. The property is located
Hickory and Cedar Streets. The proj ect
family house and an attached garage.
single-family residential homes to the
(Exhibits 1 and 2) .
EXHIBIT A
31A-2
for this site is Low Density
the Single-Family Residence (R1)
south of McFadden Street between
site is improved with a single-
The property is surrounded by
north, south, east and west
Minor Exception No. 2005-05
June 13, 2205
Page 2
Project Description
The project involves the unpermitted construction of a 48-inch high
wrought iron fence within the front yard setback. The wrought iron fence
construction includes four-inch spacing between the bars with circular
design features incorporated into the top of the fence (Exhibit 3). The
fence extends 77 feet along the north side property line, continues
approximately 47 feet along the front property line, and 25 feet along the
south property line, enclosing the front yard (Exhibit 4).
Analysis of the Issues
Section 41-610 of the Santa Ana Municipal Code requires a permit for the
construction or repair of any front yard wall or fence. The issue
pertaining to this proposal was the unpermitted construction of a 48-inch
high wrought iron fence in the front yard setback. On February 2, 2005,
the property was cited for the construction of the fence without the
benefit of a permit (Exhibit 5). The request for application RF-2005-15-
RF was denied by the Planning Division on February 15, 2005 (Exhibit 6).
Section 41-610 (a) (2) limits the maximum height to 36 inches. The
constructed fence exceeded the 36 - inch maximum height for front yard
fences on non-arterial streets. These restrictions were implemented based
on concerns related to community aesthetics and access for emergency
personnel.
At the May 4, 2005 Zoning Administrator hearing, the applicant requested
approval of the minor exception to legalize the fence at the present
height of 48 inches. The Zoning Administrator considered a height
relief of 42 inches similar to other considerations granted through
preVlOUS minor exceptions i however, the appl icant indicated that she
wanted the fence at the current height. Pursuant to SAMC 41-461, the
Zoning Administrator may continue the hearing to a scheduled meeting of
the Planning Commission if the request for a minor exception is of
magnitude as to be of special interest to the people of the City of
Santa Ana and the Planning Commission.
Although the code specifically limits maximum fence height, the minor
exception process provides an opportunity for relief from this requirement
based on demonstration of hardship. In this case, no special
circumstances exist to allow relief from the code for an increase in fence
height. In an attempt to reduce the new construction of fences that are
intrusive and detract from the character of the neighborhood, it is
recommended that the strict application of the code be applied in this
instance. Therefore, it is recommended that the Planning Commission deny
Minor Exception No. 2005-05 (Exhibit 7).
31A-3
Minor Exception No. 2005-05
June 13, 2205
Page 3
CEQA Compliance
In accordance with the California Environmental Quality Act, the proposed
project is Statutorily Exempt. No further environmental review is needed.
Environmental Review No. 2005-31 will be filed for this project.
BSP:JM
~~
Bob St. Paul
Associate Planner I
bsp\staff reports\meOS-OS,pc
31A-4
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PLANNED COMMUNITY DEVELOPMENT
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ME 05-5
MS. MARIA ZARATE
1261 SOUTH HALLADAY STREET
1" = 1000 FEET
P LAN N
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EXHIBIT 1
31A-5
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SINGLE FAMILY RESIDENTIAL
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MULTIPLE FAMILY RESIDENCE
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MS. MARIA ZARATE
1261 SOUTH HALLADAY STREET
PLANNING
AND
BUILDING
AGE N C Y
EXHIBIT 2
31A-6
A
,g('
Maria Zarate
1261 Halladay St.
Santa Ana CA 97202
Tel. (714) 972-2232
Cell (714) 417-0089
Single Family Residence
Lot size 6018 square feet
Assessor's Parcel Number(s): 014-201-13
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00
4"
Wrougt iron
ME 05-5
~~IA!1
EXHIBIT 4
31A-8
anoSANTA
ANA PIJ. ~~l'.'U.
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. . AGESn
PLANNING AILDING AGENCY
COMMUNITY PRESERVATION
20 CIVIC CENTER PLAZA {M19!
p.o. eox '1988
~!';~:!'; !,;~f\l 'if"l JiTii
(714) 667-27&0
.
NOTICE OF VIOLATION &
NOTICE T2 ~!!~'t!2 ~~~~!~ N),mU~~~
""' , ~ . _ C>z::J x______
DATE:
; ,
; !
Address!
Location 0
Da/e
Observed'
Violator Name
l2..lel
zooS-
Assessor'sPorceINumber: 014 - 2.<5 I - I:;'
tJ D.)'ublic Property
F Zone: I'- i [B Privole Pro r
o Male 0 Female
Telephone Number
Viololor Nome
Residence/Mailing
Address:
Ci:
Slate:
Zi:
YOU ARE IN VIOLATION OF THE FOLLOWING SANTA ANA MUNICIPAL CODE SECTIONS:
Use ootpennitted in zone,SAMC 41-190(01
o
A satellite dish antenna has been installed without the required Land Use
Certificate (LUC) or required Building Pennit. Satellite dish antenna must
not be visible from public view, SAMC 414B. 41-624: UBC 106.1: 10B,l
UHC 301,303 Obtain the required LLJC and Building Perinit or remove
antenna, CII11 the Planning and BuUdlng Agency ill (714) 647.5BfU for
LUC lnfornulJlon or (714) 647-5BOO for Bu/lJling Permit /nfornulJlon.
o
D
o
D
Pennitting grass/weeds to exist in excess of 6" above grade, SAMC 164B
Any accumulation of rubbish is prohibited, SAMC 164B
Landscaping not maintained (requires ground cover and water maintenance).
SAMe 41-609
D
o
o
ff
o
o
o
Trash cans remaining in public view is prohibited, SAMC 16-34
Lack of address on residence (must be 4" high, in contrasting color),
SAMC B-210(kl
Dilapidated or unsightly wall, fence or hedge. SAMC B-1951(c1
Prohibited fence height, No-Fee Pennit required. SAMC 41-610(a),{bl
Improper occupancy of mobile bomeltrailer, SAMC 10-B9
Habitation of garage/shed, dc" is prohibited, ".is 17920.3{nl
Garage must be available and accessible for the parking ofvehicle(s),
SAMC 41-1303(dl
o
o
Christmas lights or other decorative lighting must be removed, Maximum
of 90 days is pennitted for temporary lighting. NEC 305-3(61: H.iS{dl
Weather protection is required for rafter ends, facia boards, or wood trim,
Apply exterior type paint or approved coating, H.iS 17920.3{a13), {IlJ
o
Windows have been installed or changed out without Building permit and
must comply with code requirements, Building Pennit and inspection
Required, UBC 106.1: 108.1: UHC 301: 303.
o
Work without pennits, The work described below requires pennits, Obtain
penn its within _ days, Cover no work until inspected and
approved, SAMC 106.1: SAMC 8-94 CII11 the P1Imllbtg and BuildIng
Agency at (714) 647-5BOO for permlt ;nfornulJlon.
Other
o
.
(see below)
REMARKS:
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Notice is hereby given that all violations must be corrected within t, n ~121'S from the date of receipt of this notice. It is the responsibility of the
property owner and/or occupant to notifY this office when the above~~e'been completed, You have the right to request an administrative hearing
to determine the vali4ity of the violations listed and/or to show cause why you are not liable, If the violations are upheld, you will be ordered '0 abate the
nuisance and all costs of enforcement and/or abatement will be assessed and will continue to accrue untir all the violations are abated, Failure 10 abate the
violation(s) will result in the matter being referred to the City Attorney's Office for a court order to abate the nuisance and/or criminal prosecution, These
violations are a misdemeanor offense and each day that they continue constitutes a new and separate offense. In addition to this Notice of Violation, an
Administrative Citation may be issued and additional fines may be imposed, Be advised that aU interested parties and/or lien holders will be notified of this
Notice of Violation,
TAX WARNING: Anyone who derives rental income from housing determined to be substandard cannot deduct from State personal income. tax and bank
corporate income tax interest, depreciation, amortization or taxes attributable to such substandard housing, If the violation(s) specified in this notice regarding
substandard building(s) have not been brought to a condition of compliance within six (6) months from the date of this notice, notification will be sent to the
Franchise Tax Board as provided in Sections 17274 and 24436.5 of the California Revenue and Taxation Code.
SEE ATTACHED FEE SCHEDULE AND ANY OTHER DOCUMENTS ATTACHED
This notice has been mailed/posted pursuant to Article 8 (commencing with Section] 7,] 00) of Chapter 17 of the Santa Ana Municipal Code,
NOTE: A copy of this notice will be sent to the owner(s) of record for violations occurring on private property.
Further information may be obtained by contacting the undersigned inspector(s) between the hours of ~ ' ~~W1~w3wed-satJMOn-Fri
I acknowledge receipt of a copy of this Notice: Date:
Owner{sl of Record:
~
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Name(s)
12.{o I S ~C~(cUQA ~L((
Street Address I P.Q, Box
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City, State, Zip
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Inspector
2_1
ID
Inspector
ME ~i~~:9~
EXHIBIT 5
ID
or (714) (010-]- .;:2.180
..
Planning and Building Agency
Planning Division
20 Civic Center Plaza
P.O. Box 1988 (M-20)
Santa Ana, CA 92702
(714) 647-5804
www.santa-ana.org
APPLICATION FOR
RESIDENTIAL FRONT
YARD FENCE PERMIT
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Property Owner: M () .-1 fA _ ?t'1. r-a-t e
Property Address: l::l C; / 1+ all o..A all sT
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Applicant Name (Print): M (1 r I CI. -;: Q t-o-b p
Mailing Address: I) IP I ~~ 5 T ~G ~+"-
Applicant's Signature: ~ ~
PROPOSED FENCElPL.~'NTERlHEDGE IN RMATION:
f~l
Phone No.: 7/4-) Cf7 2-223Z.
AVlGL ('A 9 ?-707
Date: 0 Z-.- 17 - 6 5
Zone:
1.
2.
Height:
Material:
4 ~ - I IV C 1-,-
\AJ r ('i (), ~ h- +-
1'-01-"\
Arbor Information:
1. Height:
3. Width:
2. Depth:
Note: A Building Permit may be required in addition to the Planning Division Residential Front Yard Fence Permit.
Please contact the Building Safety Division at (714) 647-5800 for information regarding building permit requirements.
SUBMITTAL REQUIREMENTS
One (1) set of plans with the following information:
Site Plan: Fully dimensioned site plan with all property lines, all structures, dimension of
building to front property line, accurate dimensioning of the proposed front yard fence,
street names, owner's name, and address of property.
Drawing or photo of proposed front yard fence or arbor, including height, width, and
material.
STAFF USE ONLY
Arterial Street: ~ D
Non Arterial Street: [g-'
Corner Lot:
DYes IlJ..+t6
.;y) n/05: Planner:
! ~ ~ J-liA-kJ.
2nd Review: Planner.
5.h (I yYtcuy;,~ ~/1.I.
1 st Review Date:
Comments:
Inspector.
Inspector's Comments:
cm\cntr-frm\fence permit
8/0tt
EXHIBIT 6
31A-10
f-F-os--tR
OS~fc,o(P(R
o APPROVE ~DENY
FENCE PERMIT NO.
Minor Exception No. 2005-05
June 13, 2005
Page 1 of 2
Findings of Fact
A. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
chapter.
There are no special circumstances applicable to the subj ect
property where the strict interpretation of the zoning ordinance
is found to deprive the subj ect property of privileges not
otherwise at variance with the intent and purpose of the
provisions of the zoning code. This is a standard residential
lot that can construct a wrought iron fence within code
requirements.
B. That the granting of a variance is necessary for the preservation and
enjoyment of one or more substantial property rights.
The denial of this minor exception will not significantly impact
the rights of the property owner to enj oy the use of the
property. The construction of a 48-inch high wrought iron, in
and of itself, will not guarantee any greater enj oyment than
which is permitted by code.
C. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The granting of a minor exception may be detrimental or
injurious to the surrounding properties due to an appearance
that is incompatible with the existing fences of the surrounding
area. Goal 2.7 of the Urban Design Element states that projects
must exhibit a functional, comfortable scale in relation to the
neighborhood. Although the fence material is compatible with
the existing residence, the proposed fence will detract from the
character of the neighborhood.
EXHIBIT 7
31A-11
Minor Exception No. 2005-05
June 13, 2005
Page 2 of 2
D. That the granting of a variance will not adversely affect the General
Plan of the City.
The requested minor exception will adversely affect the General
Plan, as it has a negative impact on the goals and policies
expressed in that document. Goal 3.5 of the Urban Design
Element Policy Plan is to encourage residential alterations that
are consistent with the adj acent uses and responsive to the
street classification of the neighborhood. A 48-inch high
wrought iron fence is inconsistent with the non-arterial street
classification and no special circumstances exist to allow
relief from the code for an increase in fence height. A similar
fence could be constructed with the required 36-inch height and
still incorporate the proposed style of the fence.
31A-12
KO - 6/20/05
RESOLUTION NO. 2005-15
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA DENYING MINOR EXCEPTION
NO. 2005-05 TO CONSTRUCT A FRONT YARD FENCE
THAT EXCEEDS THE 36-INCH MAXIMUM HEIGHT FOR
THE PROPERTY AT 1261 HALLADAY STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of Minor Exception No. 2005-05 to
construct a front yard wrought iron fencing which exceeds the 36-inch
maximum height for front yard fences on non-arterial streets for the property
located at 1261 Halladay Street.
1. The project involves the construction of 48-inch high wrought iron
fence within the front yard setback.
2. The wrought iron fence construction includes four inch spacing
between the bars with circular design features incorporated into the
top of the fence.
S. Minor Exception No. 2005-05 came before the Zoning Administrator of the
City of Santa Ana for a public hearing on April 20, 2005. After conducting
the public hearing, the Zoning Administrator referred the item to the
Planning Commission pursuant to Santa Municipal Code Section 41-641.
C. The Planning Commission held a public hearing on Minor Exception No.
2005-05 on June 13, 2005.
D. Section 41-610 of the Santa Ana Municipal Code contains the wall and
fence requirements, including limiting the front yard fence height to 36
inches.
E. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a Minor Exception upon making certain findings
which have not been established.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
31A-13
Resolution No. 2005-15
Page 1 of 3
There are no special circumstances applicable to the subject
property where the strict interpretation 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 the zoning code. This is a
standard residential lot that can construct a wrought iron
fence within code requirements.
2. That the granting of a minor exception is necessary for the
preservation and enjoyment of one or more substantial property
rights.
The denial of this minor exception will not significantly impact
the rights of the property owner to enjoy the use of the
property. The construction of a 48-inch high wrought iron, in
and of itself, will not guarantee any greater enjoyment than
which is permitted by code.
3. That the granting of a minor exception will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The granting of a minor exception may be detrimental or
injurious to the surrounding properties due to an appearance
that is incompatible with the existing fences of the
surrounding area. Goal 2.7 of the Urban Design Element
states that projects must exhibit a functional, comfortable
scale in relation to the neighborhood. Although the fence
material is compatible with the existing residence, the
proposed fence will detract from the character of the
neighborhood.
4. That the granting of a minor exception will not adversely affect the
General Plan of the City.
The requested minor exception will adversely affect the
General Plan, as it has a negative impact on the goals and
policies expressed in that document. Goal 3.5 of the Urban
Design Element Policy Plan is to encourage residential
alterations that are consistent with the adjacent uses and
responsive to the street classification of the neighborhood.
A 48-inch high wrought iron fence is inconsistent with the
non-arterial street classification and no special
circumstances exist to allow relief from the code for an
increase in fence height. A similar fence could be
constructed with the required 36-inch height and still
incorporate the proposed style of the fence.
31A-14
Resolution No. 2005-15
Page 2 of 3
F. In accordance with the California Environmental Quality Act, the proposed
project is Statutorily Exempt. No further environmental review is needed.
Environmental Review No. 2005-31 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby denies Minor Exception No. 2005-05. This decision is based
upon the evidence submitted at the abovesaid hearing, which includes but not is not
limited to: the Request for Planning Commission Action dated June 13, 2005, and
exhibits attached thereto; and the public testimony, all of which are incorporated herein
by this reference.
ADOPTED this 13th day of June, 2005 by the following vote:
AYES: Commissioners: Cribb, Gartner, Lutz, Mondo (4)
NOES: Commissioners: De La Torre, Nalle (2)
ABSENT: Commissioners: Leo (1)
ABSTENTIONS: Commissioners: None (0)
Glenn Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2005-15 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on June 13, 2005.
Date:
Clerk of the Planning Commission
City of Santa Ana
31A-15
Resolution No. 2005-15
Page 3 of3
31A-16
REQUEST FOR
COUNCIL ACTION
~
~~~
~
CITY COUNCIL MEETING DATE:
JULY 5, 2005
TITLE:
MINOR EXCEPTION NO. 2005-03 AND
VARIANCE NO. 2005-11 TO ALLOW SIDE YARD
SETBACK REDUCTION, HEIGHT GREATER THAN
THAT REQUIRED BY THE 2nd DWELLING UNIT
ORDINANCE AND RELIEF FROM THE SINGLE
FAMILY RESIDENTIAL (R1) PARKING
STANDARDS AND ZONING REQUIREMENT THAT A
DRIVEWAY LEAD DIRECTLY TO A GARAGE ON
2106 NORTH VICTORIA DRIVE - RIVKA AND
ARIE ZUKERMAN, APPL rANTS
t// , //j' /~7
!;/, / //.
-:~t);.t.... ,j J'-< ~
CITY MANAGER
J
./
CLERK OF COUNCIL USE ONLY:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Minor Exception No. 2005-03
and Variance No. 2005-11.
PLANNING COMMISSION ACTION
On June 13, 2005, the Planning Commission approved Minor Exception No.
2005-03 and Variance No. 2005-11 by a vote of 6:0 (Leo absent) to allow
deviations to the side yard setback, height requirement and relief from
the parking requirements as required by the Second Dwelling Unit
Ordinance and relief from the single family residential (R1) parking
requirement that a driveway lead directly to a garage at 2106 North
Victoria Drive (Exhibit A). The Planning Commission added that the size
of this property was such that the granting of the variance will not be
materially detrimental to the public welfare or injurious to surrounding
property.
FISCAL IMPACT
There is no fiscal impact associated with this action.
J~~~~;I>~:~vino
Execu~ive Director
Pl~~rting & Building Agency
HS:rb
historic info\historic counter projects\2106_N_Victoria\meOS-03vaOS-ll,cc
31 B-1
REQUEST FOR
Planning Commission Action
~~-- -",
i \
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,: ~l\Ucatton ISt~
~:.
PLANNING COMMISSION MEETING DATE:
JUNE 13, 2005
PLANNING COMMISSION SECRETARY
TITLE:
PUBLIC HEARING - MINOR EXCEPTION NO. 2005-
03 AND VARIANCE NO. 2005-11 TO ALLOW SIDE
YARD SETBACK REDUCTION, HEIGHT GREATER
THAN THAT REQUIRED BY THE 2nd DWELLING
UNIT ORDINANCE AND RELIEF FROM THE SINGLE
FAMILY RESIDENTIAL (R1) PARKING STANDARDS
AND ZONING REQUIREMENT THAT A DRIVEWAY
LEAD DIRECTLY TO A GARAGE ON 2106 NORTH
VICTORIA DRIVE
Prepared by Hally Soboleske
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
~/~
Executl e Director
K~ H'cJ.L~~ ~
Planning MWnager r\-
RECOMMENDED ACTION
1. Adopt a resolution approving Minor Exception No. 2005-03.
2. Adopt a resolution approving Variance No. 2005-11.
Zoning Administrator Action
On May 4, 2005, the Zoning Administrator referred this item to the June
13, 2005 Planning Commission meeting due to the proposal's potential
impact on existing city land use policies.
DISCUSSION
Request of Applicant
Ri vka and Arie Zukerman are requesting approval of Minor Exception No.
2005-03 and Variance No. 2005-11 to legalize a second unit at their
property located at 2106 North Victoria Drive. At the Zoning
Administrator meeting held on March 9, 2005, the Zoning Administrator
continued the item to allow the applicants time to alter their proposal to
include a garage to the front (east) elevation of the proposed second
dwelling unit. However, the applicants do not wish to construct a garage
since the limited space between the proposed unit and the primary
residence would create a new nonconformity based upon the required size of
a two-car garage (20' x 20') and turning radius requirements. The project
was continued to May 4, 2005 since the Zoning Administrator public hearing
of April 20, 2005 was cancelled. On May 4, 2005, the Zoning Administrator
referred the item to the June 13, 2005 Planning Commission meeting due to
the proposal's potential impact on existing city land use policies.
31BUI!T A
Minor Exception No. 2005-03 and
Variance No. 2005-11
June 13, 2005
Page 2
The applicants' request is still to allow minor exceptions from the Second
Dwelling Unit ordinance (Santa Ana Municipal Code Section 41-150) and
variance from the Rl [Municipal Code Sections 41-1320 (b) and 41-239 (c)]
requirements to: a) permit a side yard setback smaller than that required;
b) exceed the height requirement of 15 feet; c) provide relief from the Rl
standard enclosed parking requirements; and d) provide relief from the Rl
standard that a driveway must lead to a garage.
Property Description
The General Plan land use designation for this site is Low Density
Residential (LR-7), with a zoning designation of Single-Family Residence
(Rl) and is within the Floral Park neighborhood. The property is located
on the west side of Victoria Drive between Santa Clara Avenue and
Nineteenth Street. The proj ect site is improved with a single- family
house, a gazebo with adjacent swimming pool and a detached garage that was
converted to a second unit without proper permits. The property is
surrounded by single-family residential homes to the north, south, east
and west. The subject site is 18,000 square feet.
Project Description
The current owners purchased this single-family residence with all
improvements in place. Upon submittal of an application for some interior
construction to the main house, it was noted that the existing second unit
was not permitted. The property owners submitted plans to legalize the
second dwelling unit. Building records indicate that the garage was
converted approximately 20 years ago, i. e., sometime after 1980. The
subject structure matches the main house architecturally in a Second
Empire architectural style with mansard type roof (Exhibit 1). The garage
doors have been removed and a sliding door, man-door and windows have been
installed. Interior modifications include a kitchenette, full bath and
laundry area (Exhibit 2)
Analysis of the Issues
Minor Exception A: The second unit is located approximately one foot from
the north property line. Section 41-194 (g) of the Santa Ana Municipal
Code (SAMC) requires five-foot side yard setbacks. Therefore, a minor
exception is required to allow the lesser setback (Exhibit 3). Side yard
setback restrictions are in place to preserve community aesthetics and
maintain building safety standards. The minor exception process provides
31 B-3
Minor Exception No. 2005-03 and
Variance No. 2005-11
June 13, 2005
Page 3
an opportunity for relief from setback requirements based on demonstration
of hardship. In this case, the structure is pre-existing and is able to
meet all building safety/firewall standards.
Minor Exception B: The second unit is 18 feet 10~ inches in height, which
exceeds the allowable 15-foot height limit of SAMC Section 41-194(k)
(Exhibit 4). A minor exception is required to allow the proposed height.
Height restrictions for second units are in place to maintain the second
unit's ancillary status to the primary unit both in size and visual
prominence. This structure is pre-existing and the height is a character
defining feature of the architectural style and mansard style roof. This
design compliments the primary structure's architectural style.
Variance A: The second unit was created by the conversion of the existing
garage. There is no garage currently located onsite. SAMC Section 41-
194(j) requires that the site have one parking space in addition to that
required by SAMC Section 41-1320 for a single-family residential land use.
A single-family residence requires four parking spaces with two spaces
being in an enclosed garage and two spaces in a required driveway. Five
spaces are required at this location to meet all code requirements.
Therefore, a variance is required to allow all parking to be exterior.
A gate is located adjacent to the front fa9ade bisecting the long
driveway. The portion behind the fence, in the side/rear yard, is
approximately 75 feet long thereby allowing at least three vehicles to
park out of public view. Additionally, the existing circular drive in the
front yard setback and the remaining portion of the regular driveway
collectively are long enough (approximately 135 feet) to allow for up to
six more vehicles to easily park on site which would mitigate for the lack
of an enclosed garage (Exhibit 5)
Variance B: SAMC Section 239(c) requires that a residential driveway lead
directly to a required garage. Therefore, a variance is required to allow
the driveway that does meet this requirement. The driveway is existing in
place and serves as parking area for both the main house and the proposed
second unit.
The proposed second unit is an excellent architectural design enhancing
the character of the neighborhood and will not have a negative effect upon
the community. There have been no noted citizen complaints regarding this
existing second unit since its apparent construction. It is recommended
that the strict application of the code not be applied in this instance.
318-4
Minor Exception No. 2005-03 and
Variance No. 2005-11
June 13, 2005
Page 4
It is recommended that the Planning Commission approve Minor Exception No.
2005-03 and Variance No. 2005-11 (Exhibit 6).
CEQA Compliance
In accordance with the California
project is categorically exempt.
be filed for this project.
Environmental Quality Act, the proposed
Environmental Review No. 2004-181 will
~~
Assistant Planner II
~~
Maya D osa
Senlor Planner
HS:JM
historic info\historic counter projects\2106_N_Victoria\me05-03va05-11 ,pc
318-5
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ZUKERMAN
RESIDENCE
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2106 VICTORIA DR
SANTA ANA, CA
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Minor Exception No. 2005-03 and
Variance No. 2005-11
June 13, 2005
Page 1 of 2
Findings of Fact
A. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
chapter.
There are special circumstances applicable to the subject
property where the strict interpretation of the zoning ordinance
is found to deprive the subj ect property of privileges not
otherwise at variance with the intent and purpose of the
provisions of the zoning code. This proposed second unit is an
existing structure with an architectural style matching that of
the primary residence onsi te. This integration of style is
strongly supported by city design guidelines. Additionally, the
location and height of the structure are pre-existing. This is
a very large lot (18,000 s.f.) has an abundance of open space
and open, paved driveway area behind gates that would keep
vehicles from public view in the same manner as a garage. The
existing primary residence is 4,705 s. f. with ample room for
interior storage of typical household items that may commonly be
stored in a shed or garage. Additionally, there are unique
constraints in the rear yard. These include the location of the
existing structure(s) and swimming pool which preclude the
owners from constructing a garage that would meet the City's
turning radius standards in the front of the existing second
unit allowing a vehicle to maneuver into said garage.
B. That the granting of a variance is necessary for the preservation and
enjoyment of one or more substantial property rights.
The denial of this minor exception and variance impacts the
rights of the property owners to develop their property in a
manner encouraged by the State of California, i. e., providing
affordable housing in single-family areas. The owner of this
residence wishes to maintain the structure's architectural style
and compatibility with the primary residence without modifying
the original style intended by the architect.
EXHIBIT 6
318-11
Minor Exception No. 2005-03 and
Variance No. 2005-11
June 13, 2005
Page 2 of 2
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 because the structure was built at the same time as the
primary residence, and its size will not be altered.
Additionally, this is a very large parcel (18,000 s.f.) with an
existing long driveway and ample space for on-site parking out
of public view so as not to injuriously affect neighboring
properties. No outdoor storage will be required as there is
ample space in the 4,705 s.f. house to allow for interior
storage. Goal 2.7 of the Urban Design Element states that
projects must exhibit a functional, comfortable scale in
relation to the neighborhood. This proposal is in scale with
existing structures in the neighborhood, and will not create
off-site parking impacts.
D. That the granting of a variance will not adversely affect the General
Plan of the City.
The requested variance and minor exception will not adversely
affect the General Plan, as it has a positive impact on the
goals and policies expressed in that document. Goal 3.5 of
the Urban Design Element Policy Plan encourages residential
alterations that are consistent with the architectural
character of the neighborhood. The proposed second unit is an
existing structure, and is consistent with the architectural
style of this residence and with the architectural quality of
this residential neighborhood.
318-12
ZONING ADMINISTRATOR HEARING
MINUTES
March 9, 2005
MINOR EXCEPTION NO. 2005-03
10:30 A.M.
Kenneth Adams, Zoning Administrator, opened the public hearing at 11 :25 a.m. in the City Hall
Ross Annex Conference Room 2004.
Also in attendance were: Rivka Zukerman, Applicant, Hally Soboleske, Case Planner, Karen
Haluza, Principal Planner, Blair O'Callaghan, and Martha Ramirez, Recording Secretary.
Hally Soboleske presented the staff report and recommendation for the property at 2106 North
Victoria Avenue. The second unit is located approximately one foot from the north property
line. Section 41-194 (g) of the Santa Ana Municipal code (SAMC) requires five-foot yard
setbacks. Ms. Sobo1eske provided a letter of support from neighbor, Sandy DeAngelis.
Ms. Zukerman stated that the previous owners did not disclose any structure constraints.
Neighbor, Blair O'Callaghan inquired as to when property was bought and who was the real
estate agent. Applicant responded property was bought a year ago with Seven Gables as realtor.
Mr. O'Callaghan asked as to how was the one-hour condition on encroachment met. Staff
provided information. He inquired about the conversion of the existing garage allowance. Mr.
O'Callaghan stated that a 19,000 square foot lot should require a garage.
Zoning Administrator asked the applicant as to what the Building Department's recommendation
was regarding that the roof met the one-hour property line separation requirement. Applicant
stated that she did not know. Discussion ensued regarding the fundamental standard not being
met that required a garage with the potential to store a vehicle, Zoning Administrator stated he
could not approve converting a garage as a residential unit.
Zoning Administrator stated that other development alternatives would be reviewed. Mr. Adams
indicated he would consider an alternative arrangement on the garage.
Zoning Administrator motioned to continue the public hearing indefinitely to allow applicant to
resolve storage of vehicle. Applicant was informed to present a revised site plan, conceptual
plan, and identify exceptions,
318-13
ZONING ADMINISTRATOR HEARING
SUMMARY MINUTES
May 4, 2005
MINOR EXCEPTION NO. 2005-03
10:34 A.M.
Mr. Kenneth Adams, Zoning Administrator, opened the public hearing in the City Hall
Ross Annex Conference Room 2001.
Also in attendance were: Hally Soboleske, Assistant Planner II; and Rosa Barela,
Recording Secretary.
Zoning Administrator re-opened the public hearing and determined that in the interest
of this case merited being forwarded to the Planning Commission for a determination.
Mr. Adams noted while there are substantial issues related to the city's attempt to
meet the state goals of increasing housing opportunities through the Second Unit
Ordinance, there are also potential land use conflicts with current city policies
regarding the conversion of garages. He further noted this is an issue that should
mandate debate at the Planning Commission level to determine which of the cities
land use policies should be dominant. The Zoning Administrator will follow the
precedent established by this case as policy direction of the Planning Commission
when evaluating requests of garage conversions.
The Zoning Administrator then forwarded Minor Exception No. 2005-03 to the next
Planning Commission at no expense to the applicant.
The hearing closed at 10:40 a.m.
0js/J1C /:J1\//U//~/
Rosa Barela
Recording Secretary
31 8-14
KO -6/20/05
RESOLUTION NO. 2005-16
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING MINOR
EXCEPTION NO. 2005-03 TO ALLOW DEVIATIONS TO
THE SIDE YARD SETBACK, HEIGHT REQUIREMENT
AND THE PARKING AS REQUIRED FOR SECOND
DWELLINGS AND APPROVING VARIANCE NO. 2005-11
TO ELIMINATE THE ENCLOSED PARKING
REQUIREMENT AND PERMIT A DRIVEWAY THAT DOES
NOT LEAD TO A GARAGE FOR THE PROPERTY
LOCATED AT 2106 NORTH VICTORIA AVENUE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The applicant is requesting approval of Minor Exception No. 2005-03 from
the Second Dwelling Unit ordinance (Santa Ana Municipal Code Section 41-
150) to allow a side yard setback smaller than that required and to exceed
the height requirement of 15 feet. Applicant is also seeking Variance No.
2005-11 to provide relief from the R1 [Municipal Code Sections 41-1320(b)
and 41-239(c)] requirements, specifically to provide relief from the R1
standard enclosed parking requirements; and to provide relief from the R1
standard that a driveway must lead to a garage.
B. The Zoning Administrator held a duly noticed public hearing on March 9,
2005. At this hearing, the Zoning Administrator continued the item to allow
the applicants time to alter their proposal to include a garage to the front
(east) elevation of the proposed second dwelling unit. Applicants did not
wish to pursue a modification of their application.
C. On May 4, 2005, the Zoning Administrator held the continued public hearing.
At this hearing, the Zoning Administrator referred this item to the June 13,
2005 Planning Commission meeting due to the proposal's potential impact
on existing city land use policies (pursuant to Santa Ana Municipal Code
Section 41-641 ).
D. On June 13, 2005, the Planning Commission held the public hearing on
Minor Exception No. 2005-03 and Variance No. 2005-11 for the property
located at 2106 North Victoria Avenue.
E. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant minor exceptions and variances upon making certain
findings. The Planning Commission determines that the findings
318-15
Resolution No. 2005-16
Page 1 of 4
necessary to grant the minor exception and variance have been
established:
1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location, or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
chapter.
There are special circumstances applicable to the subject
property where the strict interpretation 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 the zoning code. This proposed
second unit is an existing structure with an architectural style
matching that of the primary residence onsite. This
integration of style is strongly supported by city design
guidelines. Additionally, the location and height of the
structure are pre-existing. This is a very large lot (18,000
s.f.) has an abundance of open space and open, paved
driveway area behind gates that would keep vehicles from
public view in the same manner as a garage. The existing
primary residence is 4,705 s.f. with ample room for interior
storage of typical household items that may commonly be
stored in a shed or garage. Additionally, there are unique
constraints in the rear yard. These include the location of
the existing structure(s) and swimming pool which preclude
the owners from constructing a garage that would meet the
City's turning radius standards in the front of the existing
second unit allowing a vehicle to maneuver into said garage.
2. That the granting of a minor exception and variance is necessary
for the preservation and enjoyment of one or more substantial
property rights.
This minor exception and variance impacts the rights of the
property owners to develop their property in a manner
encouraged by the State of California, Le., providing
affordable housing in single-family areas. The owner of this
residence wishes to maintain the structure's architectural
style and compatibility with the primary residence without
modifying the original style intended by the architect.
3. That the granting of a minor exception and 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 because the structure was built at the same time as
318-16
Resolution No. 2005-16
Page 2 of 4
the primary residence, and its size will not be altered.
Additionally, this is a very large parcel (18,000 s.f.) with an
existing long driveway and ample space for on-site parking
out of public view so as not to injuriously affect neighboring
properties. No outdoor storage will be required as there is
ample space in the 4,705 s.f. house to allow for interior
storage. Goal 2.7 of the Urban Design Element states that
projects must exhibit a functional, comfortable scale in
relation to the neighborhood. This proposal is in scale with
existing structures in the neighborhood, and will not create
off-site parking impacts.
4. That the granting of a minor exception and variance will not
adversely affect the General Plan of the City.
The requested variance and minor exception will not
adversely affect the General Plan, as it has a positive impact
on the goals and policies expressed in that document. Goal
3.5 of the Urban Design Element Policy Plan encourages
residential alterations that are consistent with the
architectural character of the neighborhood. The proposed
second unit is an existing structure, and is consistent with
the architectural style of this residence and with the
architectural quality of this residential neighborhood.
F. In accordance with the California Environmental Quality Act, the proposed
project is categorically exempt. Environmental Review No. 2004-181 will be
filed for this project.
Section 2. The Planning Commission of the City of Santa Ana, after
conducting the public hearing, hereby approves Minor Exception No. 2005-03 and
Variance No. 2005-11. This decision is based upon the evidence submitted at the
abovesaid hearing, which includes, but not is not limited to: the Request for Planning
Commission Action dated June 13, 2005 and exhibits attached thereto; and the public
testimony written and oral, all of which are incorporated herein by this reference
ADOPTED this 13TH day of June, 2005 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Leo (1)
ABSTENTIONS: Commissioners: None (0)
318-17
Resolution No. 2005-16
Page 3 of 4
Glenn Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2005-16 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on June 13, 2005.
Date:
Clerk of the Planning Commission
City of Santa Ana
318-18
Resolution No. 2005-16
Page 4 of 4
/'
REQUEST FOR
COUNCIL ACTION
~~I
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
0;
JULY 5, 2005
TITLE:
CONDITIONAL USE PERMIT NO. 2005-16
TO ALLOW DRIVE-THROUGH WINDOW
SERVICE AT AN EXISTING MCDONALD'S
RESTAURANT AT 1526 WEST EDINGER
AVENUE - MCDONALD'S CORPORATION,
APPLICANT
f2~;:;tlI2~
CITY MANAGER
APPROVED
D As Recommended
D As Amended
D Ordinance on 1st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No.
2005-16 as conditioned.
PLANNING COMMISSION ACTION
On June 13, 2005, the Planning Commission approved Conditional Use Permit
No. 2005-16 as conditioned by a vote of 6:0 (Leo absent) to allow drive-
through window service at an existing McDonald's Restaurant located in
the Arterial Commercial (C5) zoning district at 1526 West Edinger Avenue.
The Planning Commission made no changes to the recommended conditions of
approval outlined in the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
.../J~---...
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JayM. Trevino
E~~utive Director
Planning & Building Agency
VC:rb
vc\reports\cupOS-16.cc
31 C-1
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION MEETING DATE:
JUNE 13, 2005
PLANNING COMMISSION SECRETARY
TITLE:
PUBLIC HEARING - CONDITIONAL USE PERMIT
NO. 2005-16 TO ALLOW DRIVE-THROUGH WINDOW
SERVICE AT AN EXISTING MCDONALD'S
RESTAURANT AT 1526 WEST EDINGER AVENUE
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
Prepared by Verny Carvaj al
~~2:t~ctor
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Planning Ma ger
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2005-16 as
conditioned.
DISCUSSION
Request of Applicant
Hogle-Ireland Incorporated, on behalf of the McDonald's Corporation, is
proposing to add a 1,300 square foot addition to an existing sit-down
McDonald's Restaurant. Additionally, Section 41-424.5(e) of the Santa Ana
Municipal Code requires a conditional use permit for eating establishments
desiring to operate with drive-through window service in the Arterial
Commercial (C5) zoning district.
Property Description
The project site is a 1.1-acre, rectangular shaped parcel located at the
southwest corner of Edinger and Pacific Avenues. The parcel has a General
Plan land use designation of General Commercial (GC) with a corresponding
zoning designation of Arterial Commercial (C5). The existing building
is a 4,100 square foot drive-through McDonald's Restaurant with a
detached outdoor play place area that was constructed in 1980.
Surrounding land uses include single-family residential uses to the
north and south, commercial to the east, and medical office uses to the
west (Exhibits 1 and 2) .
EXHIBIT A
31 C-2
Conditional Use Permit No. 2005-16
June 13, 2005
Page 2
Project Description
The proposed project involves the removal of an existing railcar and the
relocation of an existing outdoor play area to the interior of an existing
McDonald's Restaurant. The construction of the new 1,300 square foot play
place annex will require various modifications to the site layout,
landscaping and drive-though lane configuration to the existing legal non-
conforming site.
Per Section 41.681.2 of the Santa Ana Municipal Code, the expansion of a
legal non-conforming site is limited to 10 percent of the floor space of
the building as it existed prior to the new construction. Since the new
indoor play place addition will result in an expansion greater than 30
percent, full code compliance for the site is required. Additionally, the
existing drive-through lane was approved prior to the establishment of
regulations for establishments with drive-through window service.
A total of 53 parking spaces are required and have been provided for the
drive-through restaurant based on a parking ratio of 10 parking spaces per
1,000 square feet of gross floor area. As required by code, an 80-foot
separation between the food pick-up window and the order board, and
another 80-foot separation between the order board and entrance to the
drive-through lane have been provided.
The architecture of the new addition has been designed to complement the
features of the existing building utilizing various shades and textures of
plaster, stone veneer and wooden trellis features. Landscaping will be
upgraded to meet current code requirements and will include 19 new trees
to be added to the interior and perimeter the site. Addi tionally, a
landscaped berm with shrubs will shield light spillover impacts from the
drive-through lane to the motorists traveling along Edinger Avenue
(Exhibits 3, 4 and 5) .
Analysis of the Issues
This conditional use permit request has been reviewed based on the
criteria established by the City and has been found to be consistent with
the operational standards for drive-through establishments. To avoid
impacts to the health, safety and general welfare of persons working or
residing in the area, numerous mitigation measures have been incorporated
into this project. The existing on-site vehicular circulation system has
been updated and improved to avoid conflicts between vehicles in the
31 C-3
Conditional Use Permit No. 2005-16
June 13, 2005
Page 3
parking lot and the drive-through lane. Also, the ability for cars to
stack onto Edinger Avenue and Pacific Avenue has been eliminated through
the location and design of the stacking lane. Finally, the aesthetic
issues related to drive-through lanes have been addressed by locating the
drive-through lane at the rear of the site and by the installation of
additional landscaping to reduce light and glare imposed on traffic.
Policy 2.2 of the Land Use Element of the General Plan supports the
development of commercial land uses to accommodate the need for goods and
services within the area. The existing McDonald's Restaurant has been in
operation for over 25 years and has had no known calls for service or
violations. The enhanced drive-through establishment will serve to
complement an existing sit-down restaurant that will provide additional
seating, access, and landscaping that will result in an upgrade to the
neighborhood and surrounding community. The drive-through window will
continue to provide additional convenience for the fast-food restaurant
customers, thereby contributing to the long-term success of the facility
and additional service to the community.
Based upon the above analysis of the project and the project's
compatibili ty with the City I S General Plan and applicable development
standards, it is recommended that the Planning Commission approve
Conditional Use Permit No. 2005-16 as conditioned (Exhibits 6 and 7) .
CEQA Compliance
This proj ect was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15332. This Class 32 exemption
allows in-fill developments on properties of less than five acres that
meet applicable General Plan and zoning regulations. Categorical
Exemption Environmental Review No. 2004-107 will be filed for this
proj ect.
--7~...._'_
~~ -----...."....
Verny Carvajal
Associate Planner
vince Fregoso
Senior Planner
VC:JM
vc\reports\cup05-16,pc
31C-4
BROOK ST. :.J
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GENERAL AGRICULTURAL
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COMM, COMMERCIAUMUSEUM DISTRICT
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PLANNED RESIDENTIAL DEVELOPMENT
R1
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SPECIFIC DEVELOPMENT
SPECIFIC PLAN
~
~--~
CUP 05-16
McDONALD'S DRIVE THRU
1526 WEST EDINGER AVENUE
A
G{'
- = 500 FEET
1" = 1000 FEET
P LAN N
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AND BU LD
EXHIBIT 1
31 C-5
N G
AGE N C Y
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Conditional Use Permit No. 2005-16
June 13, 2005
Page 1 of 2
Findings of Fact
A.
will the proposed
contribute to the
community?
use provide a
general well
service or
being of
facility which will
the neighborhood or
The proposed restaurant expansion will provide a safer
integrated play area and additional outdoor seating for the
fast food restaurant customers, thereby contributing to the
long-term success of the facility and providing additional
service to the community.
B. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity?
The circulation design and layout, which will include
landscaping to screen the drive-through lane, will not create
an adverse impact or be detrimental or injurious to the overall
site or neighborhood.
C. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The drive-through restaurant and expansion provides a visual
upgrade and new economic activity for this area of West Edinger
Avenue. The economic viability of the fast food restaurant and
the overall development is increased with the addition of the
proposed drive-through window and removal of an outdoor play
area. The overall economic stability of the area will be
strengthened with commercial services in the area.
D.
will the proposed use comply with the regulations
specified in Chapter 41 of the Santa Ana Municipal
use?
and condi t ions
Code for such
The proposed restaurant and drive-through window operation will
be in compliance with all applicable provisions of Chapter 41
of the Santa Ana Municipal Code and design standards for such
facilities.
31~.1:
Conditional Use Permit No. 2005-16
June 13, 2005
Page 2 of 2
E. will the proposed use adversely affect the General Plan or any
specific plan of the City?
The drive-through lane at the
consistent with the General Plan
General Commercial as support
restaurants, are permitted.
McDonald's restaurant is
land use designation of
commercial, including
31 C-11
JUNE 13, 2005
PAGE 1 OF 1
Conditions for Approval
Should Conditional Use Permit No. 2005-16 be approved, the project shall
comply with all applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this conditional use
permit.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in the revocation of the conditional
use permit.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan
Review approval of DP No. 04-30.
2. Any amendment to this conditional use permit must be submitted
to the Planning Division and Police Department for review. At
that time, staff will determine if administrative relief is
available or the conditional use permit must be amended.
ife~1t~
KO - 6/20/05
RESOLUTION NO. 2005-14
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SANTA ANA
APPROVING CONDITIONAL USE PERMIT NO.
2005-16 AS CONDITIONED TO ALLOW A DRIVE-
THROUGH WINDOW FOR THE PROPERTY
LOCATED AT 1526 WEST EDINGER AVENUE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Conditional Use Permit No. 2005-16 has been filed with the City of Santa
Ana seeking to allow a drive-through window service for the property
located at 1526 West Edinger Avenue.
B. Conditional Use Permit No. 2005-16 came before the City Council of the
City of Santa Ana for a public hearing June 13, 2005.
C. Santa Ana Municipal Code Section 41.424.5 permits eating
establishments with drive-through service with a conditional use permit.
D. Santa Ana Municipal Code Section 41-638 authorizes the City Council to
grant a conditional use permit upon making certain findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed restaurant expansion will provide a safer
integrated play area and additional outdoor seating for the
fast food restaurant customers, thereby contributing to the
long-term success of the facility and providing additional
service to the community.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety or general welfare of
persons residing or working in the vicinity?
The circulation design and layout, which will include
landscaping to screen the drive-through lane, will not create
an adverse impact or be detrimental or injurious to the
overall site or neighborhood.
31 C-13
Resolution No. 2005-14
Page 1 of 3
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The drive-through restaurant and expansion provides a
visual upgrade and new economic activity for this area of
West Edinger Avenue. The economic viability of the fast
food restaurant and the overall development is increased
with the addition of the proposed drive-through window and
removal of an outdoor play area. The overall economic
stability of the area will be strengthened with commercial
services in the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 of the Santa Ana Municipal Code for such
use?
The proposed restaurant and drive-through window
operation will be in compliance with all applicable provisions
of Chapter 41 of the Santa Ana Municipal Code and design
standards for such facilities.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The drive-through lane at the McDonald's restaurant is
consistent with the General Plan land use designation of
General Commercial as support commercial, including
restaurants, are permitted.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The action is exempt from further
review pursuant to Section 15332. This Class 32 exemption allows in-fill
developments on properties of less than five acres that meet applicable
General Plan and zoning regulations. Categorical Exemption
Environmental Review No. 2004-107 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2005-16 as conditioned
in Exhibit A attached hereto and incorporated herein as though fully set forth. This
decision is based upon the evidence submitted at the abovesaid hearing, which
includes but not is not limited to: the Staff report and exhibits attached thereto; and the
public testimony all of which are incorporated herein by this reference.
31C-14
Resolution No. 2005-14
Page 2 of 3
ADOPTED this 13th day of June, 2005 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Leo (1)
ABSTENTIONS: Commissioners: None (0)
Glenn Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
K ylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No.2005-14 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on June 13, 2005.
Date:
Clerk of the Planning Commission
City of Santa Ana
31 C-15
Resolution No. 2005-14
Page 3 of 3
Conditions for Approval for Conditional Use Permit No. 2005.16
Conditional Use Permit No. 2005-16 is approved subject to compliance, to the
reasonable satisfaction of the City Council, 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 . All proposed site improvements must conform to the Site Plan
Review approval of DP No. 04-30.
2. Any amendment to this conditional use permit must be submitted to
the Planning Division and Police Department for review. At that time,
staff will determine if administrative relief is available or the
conditional use permit must be amended.
Exhibit A
31 C-16
./
REQUEST FOR
COUNCIL ACTION
-~~
~
\',Oucalioll IS;~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
CONDITIONAL USE PERMIT NO. 2005-18
TO EXCEED 30 PERCENT OFFICE AT
4014 WEST CHANDLER AVENUE - SUKUT
CONSTRUCTION INCORPORATED,
APPLICANT
-V /? 017/ I/}
~ Liy-1L ~,1. ,jtt t---
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No.
2005-18 as conditioned.
PLANNING COMMISSION ACTION
On June 13, 2005, the Planning Commission approved Conditional Use Permit
No. 2005-18 as conditioned by a vote of 6:0 (Leo absent) to allow the
maximum office floor area to exceed 30 percent in the Light Industrial
(M1) zoning district at 4014 West Chandler Avenue. The Planning
Commission made no changes to the recommended conditions of approval
outlined in the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
~l / .~
:ay \M. TreVlno
E~ec~tive Director
P~ning & Building Agency
VC:rb
vc\reports\cup05-18,CC
310-1
REQUEST FOR
Planning Commission Action
~/, -,
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",-<.-'ucal1on 1.. -.,
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
JUNE 13, 2005
TITLE:
PUBLIC HEARING - CONDITIONAL USE PERMIT
NO. 2005-18 FILED BY SUKUT CONSTRUCTION
INCORPORATED TO EXCEED 30 PERCENT OFFICE
AT 4014 WEST CHANDLER AVENUE
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
Prepared by Verny Carvaj al
~ 6u!vtj~ctor
)r'
J (f -" ~ '-
~Ii~~i~~(~~'~~gf~
)-
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2005-18 as
conditioned.
DISCUSSION
Request of Applicant
Sukut Construction Incorporated is requesting approval of Conditional Use
Permit No. 2005-18 to exceed the allowable office square footage within an
industrial building at 4014 West Chandler Avenue. A conditional use
permit (CUP) is required per Section 41-472.1 of the Santa Ana Municipal
Code to exceed 30 percent of the gross square footage of office area
within an industrial building.
Property Description
The site is approximately 1.52 acres in size and is situated on the
south side of Chandler Avenue, just east of Croddy Way. The proj ect
site contains a total of five buildings on two individual parcels owned
and operated by Sukut Construction. Two two-story office buildings
totaling approximately 12,000 square feet are used by Sukut Development
Corporation as their corporate headquarters. Three single-story
warehouse buildings totaling 16,500 square feet are located at the rear
and immediately west of the office buildings. A total of 76 parking
stalls have been provided for the site.
The subject property is located within the Light Industrial (M1) zoning
district with a corresponding General Plan land use designation of
Industrial (IND). The land uses surrounding the site include
manufacturing and warehousing to the north, south, east and west
(Exhibits 1 and 2) .
EXHIBIT A
310-2
Conditional Use Permit No. 2005-18
June 13, 2005
Page 2
Project Description
Sukut Construction, Incorporated is a general contracting company
specializing in land grading and development that has operated its
headquarters, which consists of administrative office and storage of its
industrial equipment, at this location for over 23 years. In order to
meet their growing need for office space and to house additional support
staff, Sukut Construction is requesting approval of a conditional use
permit to convert an additional 6,300 square feet of warehouse space into
administrative office area (Exhibits 3 and 4) .
Analysis of the Issues
In December 1995, the Santa Ana City Council adopted Ordinance No. NS-
2275, which required a conditional use permit for any office component
of an industrial use in excess of 30 percent of a building's gross floor
area in the Light Industrial (M-1) zoning district. The intent of this
ordinance was to allow flexibility in addressing the office needs for
non-traditional industrial users who tend to require more office space
based on operational needs. Sukut Construction is an approved
office/industrial operation that has requested to exceed the 30 percent
threshold allowed by the municipal code.
In evaluating the request, the parking demand was reviewed to ensure
sufficient parking would exist on-site for the industrial use. Parking
for the project with the proposed additional office area meets code
requirements as 65 parking spaces are required, while a total of 76
parking spaces are provided. The calculation is based on 55 parking
spaces needed for 18,200 square feet of office (three spaces per 1,000
square feet) and 10 spaces required for 10,200 square feet of industrial
warehouse use (one space per 1,000 square feet). Although the building
at 4014 Chandler Avenue will be 100 percent office, the City's policy is
to consider all primary buildings within an integrated industrial site
with a common tenant. Since the use consists of office, warehousing and
outdoor storage yard areas, the primary use of the site remains
industrial in nature. The applicant's request is for an office
expansion project that will consist of 65 percent of office space on an
industrial site (18,000 square feet of office and 10,200 square feet of
warehouse storage). Any future expansion of office areas or deviation
from the approved uses or floor plan resulting in a higher parking
demand would require a re-evaluation of the conditional use permit by
the Planning Commission.
310-3
Conditional Use Permit No. 2005-18
June 13, 2005
Page 3
The proposal is consistent with the City's General Plan goals of
supporting land uses which provide increased economic benefit and
encouraging development of additional employment opportunities.
Additionally, the proj ect falls within the maximum floor area ratio of
0.45 as established by the Industrial (IND) General Plan designation.
The project falls within this requirement as the proposal involves
conversion of existing floor space rather than a building expansion.
Based upon the project's compliance with development standards and
compatibility with the General Plan, it is recommended that the Planning
Commission approve Conditional Use Permit No. 2005-18 as conditioned
(Exhibits 5 and 6) .
CEQA Compliance
This proj ect was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15332. This Class 32 exemption
allows in-fill developments on properties of less than five acres that
meet applicable General Plan and zoning regulations. Categorical
Exemption Environmental Review No. 2004-239 will be filed for this
project.
-:;:::::O-~.
~- -~.
Verny Carvajal
Associate Planner
VC:JM
vc\reports\cupOS-18 ,pc
310-4
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SEAL FURNITURE SYSTEMS
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310-5
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310-6
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Conditional Use Permit No. 2005-18
June 13, 2005
Page 1 of 2
Findings of Fact
A.
Will the proposed
contribute to the
community?
use provide a
general well
service
being
or
of
facility, which will
the neighborhood or
The project use will provide a combination of office/industrial
space in an established, industrial area. In addition, this
construction company provides a service and additional
employment opportunity that will benefit the surrounding
industrial area.
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?
Since the proposed operation will be primarily office, the use
will not introduce any waste products and will have a low
amount of visitors to the site. The site complies with all
development standards I which should enhance and not be
detrimental to persons residing or working in the area.
C.
will the proposed
stability or future
surrounding area?
use adversely affect
economic development
the present
of properties
economic
in the
The construction company will occupy a previously vacant
industrial building. Sukut Construction intends to improve
the interior of the building and add features to accent the
exterior of the building for the new interior office areas.
The proposed improvements will add value to the property and
enhance the economic viability of the area by providing a
stable tenant that has served the community for over 23 years.
This use and the proposed property improvements should benefit
the community and not adversely affect the present economic
stability or future economic development of properties in the
surrounding area.
CUP 05-18
31rJiJ9'T 5
Conditional Use Permit No. 2005-18
June 13, 2005
Page 2 of 2
D.
Will the proposed use comply with the regulations
specified in Chapter 41 of the Santa Ana Municipal
use?
and condi t ions
Code for such
The subject property lS zoned Light Industrial. The project
and the site will be in compliance with all code regulations
and requirements imposed. The proj ect currently meets or
exceeds all minimum standards specified in Chapter 41 of the
City of Santa Ana zoning ordinance.
E. will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely impact the General Plan of
the City, as this office/industrial use is consistent with the
industrial land use designation. In addition, due to no floor
area expansion, but rather a conversion of existing floor area,
the existing floor area ratio has not been altered.
310-10
JUNE 13, 2005
PAGE 1 OF 1
Conditions for Approval
Should Conditional Use Permit No. 2005-18 be approved, the project shall
comply with all applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this conditional use
permit.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in the revocation of the conditional
use permit.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan
Review approval of DP No. 04-95.
2 .
The total office square
Assessor Parcel Number
exceed 18,200 square feet
footage of all
415-012-21 and
of office area.
buildings
415-012-22
located on
shall not
3. A total of 76 parking spaces are provided for the office and
warehouse uses on site. The parking provided for the project is
based on the floor plan configuration approved for the
development proj ect (DP No. 04 - 95) . Any proposed floor plan
modification including increased office area, which would result
in a higher parking demand, would require a review of the
conditional use permit.
4. The conditional use permit shall be reviewed at six months, nine
months, and one year.
B. Police Department
1. Submitted plans must indicate that all structures and parking
lots comply with the provisions of Chapter 8, Article II,
Division 3 of the Santa Ana Municipal Code (Building Security
Ordinance) . All exterior doors must have exterior light
fixtures providing a minimum maintained one-foot candle of
light.
31~a1:
KO - 6/20/05
RESOLUTION NO. 2005-19
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SANTA ANA
APPROVING CONDITIONAL USE PERMIT NO.
2005-18 AS CONDITIONED TO ALLOW THE
MAXIMUM OFFICE FLOOR AREA TO EXCEED 30
PERCENT FOR THE PROPERTY LOCATED AT
4014 WEST CHANDLER AVENUE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Conditional Use Permit No. 2005-18 has been filed with the City of Santa
Ana seeking to allow the maximum office floor are to exceed 30 percent
for the property located at 4014 West Chandler Avenue. The applicant is
requesting approval of a conditional use permit to convert an additional
6,300 square feet of warehouse space into administrative office area.
B. Conditional Use Permit No, 2005-18 came before the City Council of the
City of Santa Ana for a public hearing June 13, 2005.
C. Santa Ana Municipal Code Section 41-472.5 permits an administrative
office use ancillary to a permitted industrial use occupying more than thirty
(30) percent of the gross floor area with a conditional use permit.
D. Santa Ana Municipal Code Section 41-638 authorizes the City Council to
grant a conditional use permit upon making certain findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The project use will provide a combination of office/industrial
space in an established, industrial area. In addition, this
construction company provides a service and additional
employment opportunity that will benefit the surrounding
industrial area.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety or general welfare of
persons residing or working in the vicinity?
310-12
Resolution No, 2005-19
Page 1 of 3
Since the proposed operation will be primarily office, the use
will not introduce any waste products and will have a low
amount of visitors to the site. The site complies with all
development standards, which should enhance and not be
detrimental to persons residing or working in the area.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties in the
surrounding area?
The construction company will occupy a previously vacant
industrial building. Sukut Construction intends to improve
the interior of the building and add features to accent the
exterior of the building for the new interior office areas. The
proposed improvements will add value to the property and
enhance the economic viability of the area by providing a
stable tenant that has served the community for over 23
years. This use and the proposed property improvements
should benefit the community and not adversely affect the
present economic stability or future economic development
of properties in the surrounding area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 of the Santa Ana Municipal Code for such
use?
The subject property is zoned Light Industrial. The project
and the site will be in compliance with all code regulations
and requirements imposed. The project currently meets or
exceeds all minimum standards specified in Chapter 41 of
the City of Santa Ana zoning ordinance.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely impact the General Plan
of the City, as this office/industrial use is consistent with the
industrial land use designation. In addition, due to no floor
area expansion, but rather a conversion of existing floor
area, the existing floor area ratio has not been altered.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt
from further review pursuant to Section 15332. This Class 32 exemption
allows in-fill developments on properties of less than five acres that meet
applicable General Plan and zoning regulations. Categorical Exemption
Environmental Review No. 2004-239 will be filed for this project.
310-13
Resolution No, 2005-19
Page 2 of 3
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2005-18 as conditioned
in Exhibit A attached hereto and incorporated herein as though fully set forth. This
decision is based upon the evidence submitted at the abovesaid hearing, which
includes but not is not limited to: the Staff reports and exhibits attached thereto; and the
public testimony all of which are incorporated herein by this reference.
ADOPTED this 13th day of June, 2005 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Leo (1)
ABSTENTIONS: Commissioners: None (0)
Glenn Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2005-19 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on June 13, 2005.
Date:
Clerk of the Planning Commission
City of Santa Ana
31 0-14
Resolution No, 2005-19
Page 3 of 3
Conditions for Approval for Conditional Use Permit No. 2005-18
Conditional Use Permit No. 2005-18 is approved subject to compliance, to the
reasonable satisfaction of the City Council, 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 . All proposed site improvements must conform to the Site Plan
Review approval of DP No. 04-95.
2. The total office square footage of all buildings located on Assessor
Parcel Number 415-012-21 and 415-012-22 shall not exceed 18,200
square feet of office area.
3. A total of 76 parking spaces are provided for the office and
warehouse uses on site. The parking provided for the project is
based on the floor plan configuration approved for the development
project (DP No. 04-95). Any proposed floor plan modification
including increased office area, which would result in a higher parking
demand, would require a review of the conditional use permit.
4. The conditional use permit shall be reviewed at six months, nine
months, and one year.
B. Police Department
1. Submitted plans must indicate that all structures and parking lots
comply with the provisions of Chapter 8, Article II, Division 3 of the
Santa Ana Municipal Code (Building Security Ordinance). All
exterior doors must have exterior light fixtures providing a minimum
maintained one-foot candle of light.
Exhibit A
310-15
310-16
/
REQUEST FOR
COUNCIL ACTION
~
~~~-
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
CONDITIONAL USE PERMIT NO. 2004-34
TO CONSTRUCT A 58-FOOT HIGH
CELLULAR ANTENNA AT 601~ SOUTH
SANTA FE STREET - BLACK AND
VEATCH, AP~~~CANT/
~ 1Y-'~l~.~/,-"f}i;2,t--__---,..
. Y'
CITY MANAGER
APPROVED
D As Recommended
D As Amended
D Ordinance on 151 Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No.
2004-34 as conditioned.
PLANNING COMMISSION ACTION
On June 13, 2005, the Planning Commission approved Conditional Use Permit
No. 2004-34 as conditioned by a vote of 6:0 (Leo absent) to construct a
58-foot tall monopalm cellular antenna in the Heavy Industrial M2) zoning
district at 601% South Santa Fe Street. The Planning Commission made no
changes to the recommended conditions of approval outlined in the
attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
f1~
a M. Trevino
cutive Director
Planning & Building Agency
ME:rb
me\reports\cup04-34,CC
31 E-1
REQUEST FOR
Planning Commission Action
~
~~
~
PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
JUNE 13, 2005
TITLE:
PUBLIC HEARING - FILED BY BLACK AND
VEATCH CORPORATION FOR CONDITIONAL
USE PERMIT NO. 2004-34 TO CONSTRUCT
A 58-FOOT HIGH CELLULAR ANTENNA AT
601X SOUTH SANTA FE STREET
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
Prepared by Marvin Ellenbecker
.~~~~.
Executive I rector
~~
( Plknning Manager
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2004-34 as
conditioned.
DISCUSSION
Request of Applicant
Black and Veatch Corporation, representing Sprint PCS,
approval of a conditional use permit to construct a
monopalm cellular antenna at 601% South Santa Fe Street.
is requesting
58-foot tall
Property Description
The property is located within the Heavy Industrial (M-2) zoning district
and has a General Plan land use designation of Industrial (IND) (Exhibit
1) . The property is bounded by industrial uses to the north, south and
west and industrial uses and the Los Angeles-San Diego Scenic Corridor
(LOSSAN), also referred to as the Amtrak-Metrolink Rail Line, to the east
(Exhibi t 2). The subj ect property is approximately 0.39 acres in size,
rectangular in shape and improved with an industrial building.
Project Description
Sprint PCS proposes to lease 363 square feet at the rear of the building
to construct a wireless facility and equipment room. The cellular antenna
will be 58 feet tall and will be aligned in three sectors containing two
antennas each. The antennas will be steal thed to resemble a Date Palm
EXHIBIT A
31 E-2
Conditional Use Permit No. 2004-34
June 13, 2005
Page 2
with a pod below the crown of the leaves that will allow for future
colocation (Exhibit 3). The monopalm will be located in the parking lot
behind the existing industrial building. The monopalm is adjacent to the
LOSSAN Scenic Corridor and will be mitigated by the planting of two 35-
foot brown trunk Date Palms and 20 five-gallon size Bougainvillea vines, a
hedge of Chinese Nandina, and Star Jasmine groundcover to buffer the
facility from the rail passenger corridor (Exhibit 4).
Analysis of the Issues
In July 1988, the Planning Commission and City Council adopted an
ordinance that regulates wireless communication facilities throughout the
City. Major wireless facilities are required to have a stealth design and
be located on a building or in an area that provides the greatest amount
of visual screening. These antennas also require the approval of a
conditional use permit. The proposed monopalm, camouflaged to resemble a
live date palm, will be located behind the existing industrial building.
Further, new landscaping will be added along the east property line to
screen the facility from the LOSSAN Scenic Corridor. The proposed
monopalm is designed to allow for future colocation by another provider.
The applicant has explored alternatives to the monopalm structure, such as
locating the cellular antenna on the roof of an existing building in the
area. Structures in the area, however, are not tall enough to meet the
coverage needs of Sprint PCS. A 58-foot tall facility is needed in order
to improve cellular coverage and increase call capacity and quality. The
proposed antenna will provide a benefit to Santa Ana residents, businesses
and motorists who subscribe to Sprint PCS by closing service gaps in the
area and providing additional calling capacity. Equipment for the
monopalm will be located inside an equipment room within the leased area.
All wiring and conduit will be underground or hidden in the interior of
the trunk of the monopalm. The power source connection will be 150 feet
of conduit mounted under the existing beams of the industrial building's
roof (Exhibit 5). The proposed monopalm complies with the City's Wireless
Communications Facility Ordinance and will provide needed service to the
central and eastern area of the City.
Based upon the above analysis and findings, staff recommends that the
Planning Commission approve Conditional Use Permit No. 2004-34 as
conditioned (Exhibits 6 and 7) .
31 E-3
Conditional Use Permit No. 2004-34
June 13, 2005
Page 3
CEQA Compliance
This proj ect was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15303. This Class 3 exemption allows
in-fill developments for the construction and location of limited
numbers of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2004-168 will be filed for this project.
~~~
f\J~
Marvin Ellenbecker
Landscape Development Associate
Vince Fregoso
Senior Plann r
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EXHIBIT 5
31 E-9
Conditional Use Permit No. 2004-34
June 13, 2005
Page 1 of 2
Findings of Fact
A.
Will the proposed
contribute to the
community?
use provide
general well
a service
being of
or
the
facility which
ne ighborhood or
will
the
The proposed 58-foot tall cellular monopole will provide a
service to Santa Ana residents, businesses and motorists who
subscribe to Sprint PCS wireless service by reducing the gaps
in digital cellular service and providing additional calling
capacity for its users, especially for those users traveling
within the central and eastern areas of Santa Ana.
B. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
Federal law exempts local jurisdictions from regulating health
related issues as these issues are covered under Federal laws.
However, the proposed facility will be in compliance with both
the Federal Communications Commission (FCC) and Federal
Aviation Administration (FAA) safety regulations.
C. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed monopalm, in conjunction with the proposed
landscaping along the east property line, will be compatible
with the surrounding area and will not adversely affect the
economic viability in the area as the monopole has a stealth
design that will maintain the appearance of a Date Palm with a
pod at the base of its crown. The stealth appearance will be
the major solution to maintaining and increasing the economic
stability for this industrial area.
D. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The cellular facility has been designed to comply with the
regulations and conditions identified in Chapter 41 of the
Santa Ana Municipal Code for a major wireless facility.
3X~~T160
Conditional Use Permit No. 2004-34
June 13, 2005
Page 2 of 2
E. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed monopole will not adversely affect the General
Plan as cellular facilities that are designed to be compatible
with the surrounding environment are consistent with the goals
and objectives of the Industrial (IND) General Plan
designation.
31 E-11
JUNE 13, 2005
PAGE 1 OF 3
Conditions for Approval
Conditional Use Permit No. 2004-34 is approved subject to
the reasonable satisfaction of the Planning Manager, with
sections of the Santa Ana Municipal Code, the California
Code, the Uniform Fire Code, the Uniform Building Code
applicable regulations.
compliance, to
all applicable
Administrative
and all other
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this conditional use
permit.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in the revocation of the conditional
use permit.
A. Planning Division
1. The applicant must comply with all conditions and requirements
of the Development Review Committee for the development project
(DP No. 04-53)
2. Any amendment to this conditional use permit must be submitted
to the Planning Division for review. At that time, staff will
determine if administrative relief is available or the
conditional use permit must be amended.
3. The proposed monopalm shall be a date palm designed by
Chameleon Engineering or equal specification. Two, live 35-
foot brown trunk height Date Palms (Phoenix dactylifera), as
well as Bougainvillea vines, Nandina shrubs and Star Jasmine
groundcover are to be planted to create a contextual setting
for the monopalm. The trunk of the monopalm shall be circular.
4. The permit applicant recognizes that the frequencies used by
the cellular facility located at 601% South Santa Fe Street
are extremely close to the frequencies used by the City of
Santa Ana for Public Safety. This proximity will require
extraordinary "comprehensive advanced planning and frequency
coordination" engineering measures to prevent interference,
especially in the choice of frequencies and radio ancillary
hardware. This is encouraged in the "Best Practices Guide"
EXHIBIT 7
31 E-12
JUNE 13, 2005
PAGE 2 OF 3
published by the Association of Public-Safety Communications
Officials- International, Incorporated (APCO), and as endorsed
by the Federal Communications Commission (FCC). Prior to the
issuance of any permits to install the facility, (Permit
Applicant) shall meet in good faith to coordinate the use of
frequencies and equipment with the Communications Division of
the Orange County Sheriff-Coroner Department to minimize, to
the greatest extent possible, any interference with the Public
Safety 800 MHz Countywide Coordinated Communications System
(CCCS) . Similar consideration shall be given to any other
existing or proposed wireless communications facility that may
be located on the subject property.
5. At all times, the permit applicant shall not prevent the City
of Santa Ana from having adequate spectrum capacity on the
City's 800 MHz radio frequency.
6. Before activating its facility, the permit applicant will
submit to a post-installation test to confirm that "advanced
planning and frequency coordination" of the facility was
successful in not interfering with the City of Santa Ana
Public Safety radio equipment. This test will be conducted by
the Communications Division of the Orange County Sheriff-
Coroner Department or a Division-approved contractor at the
expense of the Applicant. This post-installation testing
process shall be repeated for every proposed frequency
addition and/or change to confirm the intent of the "frequency
planning" process has been met.
7.
The permit applicant shall provide a 24-hour
which interference problems may be reported.
will also apply to all existing facilities
Santa Ana.
phone number to
This condition
in the City of
8. The permit applicant will provide a "single point of contact"
in its Engineering and Maintenance Departments to insure
continuity on all interference issues. The name, telephone
number, fax number and e-mail address of that person shall be
provided to the City's designated representative upon
activation of the facility.
9. The permit applicant shall insure that lessee or other user(s)
shall comply with the terms and conditions of this permit, and
shall be responsible for the failure of any lessee or other
users under the control of permit applicant to comply.
31 E-13
JUNE 13, 2005
PAGE30F3
10. The permit applicant shall provide a coverage and cell site
location map for each existing and proposed facility in Santa
Ana.
11.
The proposed
engineered to
providers.
wireless communication
allow the collocation
structure
of other
must be
service
12. Locate all equipment and related appurtenances (appleton plug
and electric meter) on the inside of the equipment enclosure
or inside the building.
13. Conditional Use Permit No. 2004-34 expires five years from the
date of City Council approval.
31 E-14
KO - 6/20/05
RESOLUTION NO. 2005-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2004-34 TO ALLOW A 58-FOOT TALL
WIRELESS TELECOMMUNICATIONS FACILITY FOR THE
PROPERTY LOCATED AT 601 % SOUTH SANTA FE
STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Conditional Use Permit No. 2004-34 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
June 13, 2005.
B. Conditional Use Permit No. 2004-34 has been filed with the City of Santa
Ana seeking to allow a 58-foot tall wireless telecommunications facility for
the property located at 601 % South Santa Fe Street.
C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional
Use Permit is required for major wireless facilities.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed 58-foot tall cellular monopole will provide a
service to Santa Ana residents, businesses and motorists
who subscribe to Sprint PCS wireless service by reducing
the gaps in digital cellular service and providing additional
calling capacity for its users, especially for those users
traveling within the central and eastern areas of Santa Ana.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
31 E-15
Resolution No. 2005-13
Page 1 of 3
Federal law exempts local jurisdictions from regulating
health related issues as these issues are covered under
Federal laws. However, the proposed facility will be in
compliance with both the Federal Communications
Commission (FCC) and Federal Aviation Administration
(FAA) safety regulations.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed monopalm, in conjunction with the proposed
landscaping along the east property line, will be compatible
with the surrounding area and will not adversely affect the
economic viability in the area as the monopole has a stealth
design that will maintain the appearance of a Date Palm with
a pod at the base of its crown. The stealth appearance will
be the major solution to maintaining and increasing the
economic stability for this industrial area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The cellular facility has been designed to comply with the
regulations and conditions identified in Chapter 41 of the
Santa Ana Municipal Code for a major wireless facility.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed monopole will not adversely affect the General
Plan as cellular facilities that are designed to be compatible
with the surrounding environment are consistent with the
goals and objectives of the Industrial (IND) General Plan
designation.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt
from further review pursuant to Section 15303. This Class 3 exemption
allows in-fill developments for the construction and location of limited
numbers of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2004-168 will be filed for this project
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2004-34 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
the abovesaid hearing, which includes but not is not limited to: the Request for Planning
31 E-16
Resolution No. 2005-13
Page 2 of 3
Commission Action dated June 13, 2005 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
ADOPTED this 13thday of June, 2005 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle
NOES: Commissioners: None (0)
ABSENT: Commissioners: Leo (1)
ABSTENTIONS: Commissioners: None (0)
Glenn Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2005-13 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 13, 2005.
Date:
Planning Commission Secretary
City of Santa Ana
31 E-17
Resolution No. 2005-13
Page 3 of 3
Conditions for Approval for Conditional Use Permit No. 2004-34
Conditional Use Permit No. 2004-34 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 applicant must comply with all conditions and requirements of the
Development Review Committee for the development project (DP No. 04-
53).
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. The proposed monopalm shall be a date palm designed by Chameleon
Engineering or equal specification. Two, live 35-foot brown trunk height
Date Palms (Phoenix dactylifera), as well as Bougainvillea vines, Nandina
shrubs and Star Jasmine groundcover are to be planted to create a
contextual setting for the monopalm. The trunk of the monopalm shall be
circular.
4. The permit applicant recognizes that the frequencies used by the cellular
facility located at 601% South Santa Fe Street are extremely close to the
frequencies used by the City of Santa Ana for Public Safety. This proximity
will require extraordinary "comprehensive advanced planning and frequency
coordination" engineering measures to prevent interference, especially in the
choice of frequencies and radio ancillary hardware. This is encouraged in the
"Best Practices Guide" published by the Association of Public-Safety
Communications Officials-International, Incorporated (APCO), and as
endorsed by the Federal Communications Commission (FCC). Prior to the
issuance of any permits to install the facility, (Permit Applicant) shall meet in
good faith to coordinate the use of frequencies and equipment with the
Communications Division of the Orange County Sheriff-Coroner Department
to minimize, to the greatest extent possible, any interference with the Public
Safety 800 MHz Countywide Coordinated Communications System (CCCS).
EXHIBIT "A"
Pj'E~!(8
Similar consideration shall be given to any other existing or proposed wireless
communications facility that may be located on the subject property.
5. At all times, the permit applicant shall not prevent the City of Santa Ana
from having adequate spectrum capacity on the City's 800 MHz radio
frequency.
6. Before activating its facility, the permit applicant will submit to a post-
installation test to confirm that "advanced planning and frequency
coordination" of the facility was successful in not interfering with the City of
Santa Ana Public Safety radio equipment. This test will be conducted by
the Communications Division of the Orange County Sheriff-Coroner
Department or a Division-approved contractor at the expense of the
Applicant. This post-installation testing process shall be repeated for
every proposed frequency addition and/or change to confirm the intent of
the "frequency planning" process has been met.
7. The permit applicant shall provide a 24-hour phone number to which
interference problems may be reported. This condition will also apply to
all existing facilities in the City of Santa Ana.
8. The permit applicant will provide a "single point of contact" in its
Engineering and Maintenance Departments to insure continuity on all
interference issues. The name, telephone number, fax number and e-mail
address of that person shall be provided to the City's designated
representative upon activation of the facility.
9. The permit applicant shall insure that lessee or other user(s) shall comply
with the terms and conditions of this permit, and shall be responsible for
the failure of any lessee or other users under the control of permit
applicant to comply.
10. The permit applicant shall provide a coverage and cell site location map
for each existing and proposed facility in Santa Ana.
11. The proposed wireless communication structure must be engineered to
allow the collocation of other service providers.
12. Locate all equipment and related appurtenances (appleton plug and
electric meter) on the inside of the equipment enclosure or inside the
building.
13. Conditional Use Permit No. 2004-34 expires five years from the date of
City Council approval.
EXHIBIT "A"
Page 2 of2
31 E-19
31 E-20
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MAY 2, 2005
r
TITLE:
PUBLIC HEARING - ZONING ORDINANCE
AMENDMENT NO. 2005-01 AND
CONDITIONAL USE PERMIT NOS. 2005-
05, 2005-06 AND 2005-07 TO AMEND
SPECIFIC DEVELOPMENT NO. 58 TO
ALLOW TRADE SCHOOLS AND PRIVATE
RECREATIONAL FACILITIES - CALVARY
CHAPEL OF COSTA MESA, APPLICANT
Ma-
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO '7 - ~ - 2 (Jet 5
FILE NUMBER (j~~ \"\"->-I(c,Ei1{i'+
~500 z Ij() SeC'''; I{; t
.
RECOMMENDED ACTION
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-01.
2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as
conditioned.
3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as
conditioned.
4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as
conditioned.
PLANNING COMMISSION ACTION
On April 11, 2005, the Planning. Commission recommended that the City
Council adopt an ordinance approving Zoning Ordinance Amendment No. 2005-
01, adopt a resolution approving Conditional Use Permit Nos. 2005-05 as
conditioned, 2005-06 as conditioned and 2005-07 as conditioned by a vote
of 7:0 to allow private recreational fields and two trade schools within
the Specific Development No. 58 (SD-58) zoning district at 3000 and 3100
West MacArthur Boulevard. The Planning Commission made no changes to the
recommended conditions of approval outlined in the attached staff report
(Exhibi t A) .
50A-1
Zoning Ordinance Amendment No. 2004-01,
Conditional Use Permit Nos. 2005-05,
2005-06 and 2005-06
May 2, 2005
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Agency
VF:rb
vf/reports/ZOA05-01, CUPs 05-05, 05-06, 05-07.cc
50A-2
REQUEST FOR
Planning Commission Action
!~~
i;i~.~ }ll
~~-
;~')
y ~
PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
APRIL 11, 2005
TITLE:
PUBLIC HEARING - ZONING ORDINANCE
AMENDMENT NO. 2005-01 AND CONDITIONAL USE
PERMIT NOS. 2005-05, 2005-06 AND 2005-07
FILED BY CALVARY CHAPEL OF COSTA MESA TO
AMEND SPECIFIC DEVELOPMENT NO. 58 (SD-58)
TO ALLOW TRADE SCHOOLS AND PRIVATE
RECREATIONAL FACILITIES
Prepared by Verny Carvaj al
441J/A
Executive DirE(Jltor
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
~Ianning Manager
RECOMMENDED ACTION
Recommend that the City Council:
1 . Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-
01.
2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as
conditioned.
3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as
conditioned.
4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as
conditioned.
DISCUSSION
Request of Applicant
Calvary Chapel of Costa Mesa is requesting approval of several
entitlements to allow private recreational fields and two trade schools
within the Specific Development No. 58 (SD-58) zoning district at 3000
and 3100 West MacArthur Boulevard. Specifically, the applicant is
requesting approval of a zoning ordinance amendment to modify the SD-58
standards to conditionally permit private recreational field and trade
schools wi thin the boundaries of the Lake Center proj ect. Further,
three conditional use permits, one for each trade school and one for the
recreational field, are required.
EXHIBIT A
50A-3
ZOA05-01/CUP05-05 thru 07
April 11, 2005
Page 2
Property Description
The Lake Center Business Park is a master planned office and industrial
complex consisting of 33 acres of land. The existing business park has
been developed as an upscale corporate business center surrounding a
centrally located lake. The project site is a 3.5-acre, irregular shaped
parcel located along the south side of MacArthur Boulevard between Lake
Center Drive and Fairview Street. The project site is improved with an
existing six-story, 111,000 square foot office building. The property has
410 on-site parking spaces and a zoning designation of Specific
Development No. 58 (SD-58), consistent with its General Plan land use
designation of Industrial (IND).
Surrounding land uses include industrial warehouses to the north, Calvary
Chapel Church to the east, vacant land and commercial offices to the west,
and a parking structure and commercial office uses to the south (Exhibits
1 and 2) .
Project Description
The applicant is requesting approval of a zoning ordinance amendment to
allow trade schools and private recreational fields within the Specific
Development No. 58 zoning district. If approved, Calvary Chapel proposes
to allow two professional trade schools within an existing office
building. The Lloyd Anderson Group is leasing a 9,300 square foot tenant
space, with the classroom portion occupying approximately 1,501 square
feet. The Lloyd Anderson Group is comprised of five corporations
specializing in finance and insurance training. The proposed tenant is a
California licensed postsecondary vocational educational school
specializing in training individuals in automobile finance and insurance
management principles. The school will offer courses Monday through
Friday from 8:00 a.m. to 5:30 p.m.
Further, Hope International University is leasing a 3,900 square foot
tenant space, with the classroom portion occupying approximately 2,400
square feet. Hope International University is a specialized professional
trade school and accredited institution which offers coursework and
instruction for two and four-year degrees in business management and
administration. Classes are scheduled year-round in small group format
and are offered Monday through Friday, from 8:00 a.m. to 10:30 p.m.
50A-4
ZOA05-01/CUP05-05 thru 07
April 11, 2005
Page 3
With the addition of the two professional trade schools, the project site
will require an additional 88 parking spaces. Parking will be provided on
the project site along with additional shared parking available through a
reciprocal parking easement between the subject sites and the Calvary
Chapel Church to the east. There are no proposed changes to the building
exterior or parking lot areas (Exhibits 3, 4 and 5) .
Finally, Calvary Chapel proposes to operate the Charis recreational field
on a vacant parcel at 3100 West MacArthur Boulevard. The proposed
facili ty will be utilized during the weekday for soccer, flag football,
and baseball skills under supervision of volunteer instructors. Charis
Field will be primarily utilized by Calvary Chapel High School and
Maranatha Christian School, located on the main grounds at 3800 South
Fairview Road.
The project will include a regulation practice soccer field and practice
infield. Various site improvements such as a 15-foot landscaped area
along Lake Center Drive and MacArthur Boulevard will buffer the field from
the street. In addition, a new six-foot decorative slump stone and
wrought iron fence with pilasters will surround the perimeter of the
practice field along both streets. The proposed parking area to the north
will meet city standards for striping, lighting and landscaping and will
be integrated with the adjoining parcel to the west. A drop-off area and
vehicle access lane will also be provided along the westerly property line
and be accessible from both Susan Street and MacArthur Boulevard. A small
utility room and restroom will be located on the adjoining parcel along
Susan Street and directly accessible to the proposed field (Exhibits 6, 7
and 8) .
Analysis of the Issues
Zoning Ordinance Amendment No. 2005-01 proposes to amend the Lake Center
Specific Development Plan and allow adult trade schools as a conditionally
permitted use. The proposed revision is not significantly different from
the adult trade school regulations found within Chapter 41 of the Santa
Ana Municipal Code as these uses are conditionally permitted in the
Professional (P) zoning district. The specific development district was
established for the purpose of protecting and enhancing the value,
appearance and orderly development of property. In order to facilitate
the proposed professional trade school uses and maintain the existing
office and commercial components of the project site, the proposed
amendments would be appropriate. Parking requirements for the proposed
use would revert back to the existing requirements for trade and
professional schools currently found in Chapter 41.
50A-5
ZOA05-01/CUP05-05 thru 07
April 11, 2005
Page 4
Given that the proposed trade schools are classified as a use permitted
in other office districts, the subject site is an appropriate location
for the use. The applicant intends to occupy a total of 13,200 square
feet of area within the existing building. The parking for the project
will be directly tied to the specific floor plans submitted. Any future
expansion of trade school uses or deviation from the approved uses or
floor plan resulting in a higher parking demand would require a re-
evaluation of the conditional use permits by the Planning Commission.
The property currently meets the City's parking requirements, as the
existing site provides 410 parking spaces, with an additional 59 spaces
provided through an existing parking agreement for a total of 469
parking spaces. As proposed, the code requires a total of 419 spaces.
In conjunction with the proposed amendment, SD-58 will also be revised
to conditionally permit private recreational fields. This would allow
an outdoor recreational area for community open space. While the future
development of the existing vacant site is uncertain, the applicant
desires to use the existing site in conjunction with the existing
Christian School operated by Calvary Chapel (Exhibit 9).
For over 30 years, Calvary Chapel has been operating at the southwest
corner of Fairview Road and MacArthur Boulevard. Due to the success of
the church and its associated school activities, Calvary Chapel has
purchased the vacant site in an effort to expand its programs. This
particular site will provide the space and necessary amenities in order to
serve as a practice and recreational field for the existing elementary
school and high school. To avoid possible impacts associated with the
private recreational field use, it is recommended that conditions be
attached to the conditional use permit in order to mitigate any negative
impacts associated with the operation of the facility. It is not
anticipated that the proposed recreational field, in conjunction with the
proposed conditions, will create negative impacts to the surrounding
commercial or industrial uses. A total of 41 parking spaces have been
provided for the project site, in addition to a drop-off area along the
northern property line. Although the code does not establish a
requirement for outdoor recreational fields, the facility is considered an
ancillary use to the church grounds at 3800 South Fairview. In addition,
the site will meet all landscaping standards for commercial uses as
required per the Specific Development plan.
The proposed amendments support the General Plan policies of encouraging
commercial development along arterial streets, promoting rehabilitation of
commercial properties, and supporting developments that are harmonious
50A-6
ZOA05-01/CUP05-05 thru 07
April 11, 2005
Page 5
with existing development in the area. Uses such as trade schools, office
and open space amenities will further strengthen the City's commercial
base, and provide support services and products to the surrounding
commercial businesses within the Lake Center Specific Development. Based
upon the above analysis, staff recommends that the Planning Commission
recommend that the City Council approve Zoning Ordinance Amendment No.
2005-01, Conditional Use Permit No. 2005-05, Conditional Use Permit No.
2005 - 06 and Conditional Use Permit No. 2005 - 07 (Exhibits 10, 11, 12, 13,
14 and 15) .
CEQA Compliance
This proj ect was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15332. This Class 32 exemption
allows in-fill developments on properties of less than five acres that
meet applicable General Plan and zoning regulations. Categorical
Exemption Environmental Review No. 2004-156 will be filed for this
project.
rl)' ~
'. .--r . ir
Verny CarvaJal
Associate Planner
VF:JM
vf/reportS/ZOA05-01, cUPs os-os, 05-06, 05-07.pc
50A-7
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ZOA 05-1/CUP 05-5/CUP 05-6/CUP 05-7
(SO-58)
CALVARY CHAPEL OF COSTA MESA, INC.
3000 & 3100 WEST MAC ARTHUR BLVD.
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EXHIBIT 1
50A-8
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CALVARY CHAPEL OF COSTA MESA, INC.
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PLANNING
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SPECIFIC DEVELOPMENT PLAN NO. 58
SECTION 1 - APPLICABILITY OF ORDINANCE
The specific development zoning district for the subject property, as
authorized by Chapter 41, Division 26, Section 41-593 et seq., of the
Santa Ana Municipal Code, is specifically subj ect to the standards and
regulations contained in this plan for the express purpose of establishing
land use regulations and standards. All other applicable chapters,
articles, and sections of the Santa Ana Municipal Code shall apply unless
expressly waived or superseded by this ordinance.
SECTION 2 - PURPOSE
The Specific Development Plan Number 58 (SD-58), consisting of
standards and regulations, is hereby established for the express purpose
of protecting the health, safety, and general welfare of the people of
the City by promoting and enhancing the value of properties and
encouraging orderly development.
Lake Center Specific Development Plan SD-58 sets forth the
development and design criteria for a development consisting of
approximately 33 acres. The purpose of this Specific Development Plan
is to permit flexibility in site planning and design in response to
market conditions while assuring high quality development.
Specific Development Plan Number SD-58 specifically establishes for
the property the following:
· The permitted uses;
· Maximum authorized development densities;
· Anticipated phasing of on-site development;
· Signage provisions; and
· Development standards for authorized uses, including building
height limits, required setbacks, parking requirements, landscaping
provisions and enforcement policies.
The EIR sets forth certain required mitigation measures, specified
on Exhibit I, attached, which are hereby incorporated as part of this
Specific Development Plan No. 58.
Mrlk~96
Obiectives
The objectives of the Lake Center Specific Development Plan include
the provision of the following:
1. Landscaping that is appropriate to the level of development and
sensitive to the surrounding community;
2. A visually harmonious development as viewed both internally and
externally;
3. A circulation system that is responsive to the needs of both
vehicular and pedestrian travel, particularly pedestrian safety
across major arterials serving the subject site;
4. Development that is exclusive of noxious fumes,
hazardous materials;
toxic or
5. Flexibility in development in response to market conditions
while achieving overall City community goals;
6. Creation of new employment opportunities;
7. An integrated sign program that visually enhances the
development and is harmonious with the adjacent environs.
SECTION 3 - USES PERMITTED
Professional and Business Offices
1. General offices providing personal and professional services
including, without limit, employment agencies, medical
insurance, real estate, travel, trade contractors, architects,
engineers, finance, research and development, wherein high
technology office use is coupled with minor assembly and/or
research, and other similar uses.
Commercial/Retail Uses
1. Commercial/retail uses including, but not limited to: service
commercial uses such as daycare centers, banks and other
financial institutions, delicatessens, food stores, newsstands,
automobile support facilities providing services only within the
parking structures such as auto detailing, health and exercise
centers and other similar uses, office and computer equipment,
copy centers and other similar uses, office and computer
equipment, copy centers, postal centers, day care and other
similar uses.
50Arr17
2. Restaurants, retail commercial, travel services,
commercial uses incidental/accessing to office uses.
and other
Uses per.mitted subiect to conditional use per.mit:
1. Trade and professional schools.
2. Private recreational fields.
SECTION 4 - MAXIMUM PERMITTED BUILDING DENSITY/INTENSITY
The maximum authorized building densities/intensities for the Lake
Center are as follows:
1. 400,890 square feet of existing and approved office and support
commercial uses consistent with the site Master Plan.
2. 569,230 square feet of additional floor area. Parking
structures and appurtenant uses are not included in the
calculation of floor area. Figure 1 illustrates the locations
of existing and proposed Master Plan of buildings.
SECTION 5 - PHASING
PHASE GROSS FLOOR AREA YEAR
(SQ. FT. )
1. Building #1 49,040 1990
2. Building #12 56,000 1990-1991
3. Building #11 104,190 1992
4. Building #17 40,000 1992
5 . Building #10 160,000 1993
6. Building #9 160,000 1994-1995
Year of development, building size and configuration are predicated
on market conditions at the time of construction and are subject to
change as market conditions change or as tenants become available.
SECTION 6 - SIGNAGE
All future on-site signs shall conform to Article XI, Subsections
41-850 through 41-1099 of the Santa Ana Zoning Code, in effect at the
time of adoption of this ordinance. On-site signs shall also be
consistent with an approved sign program to be on file with the Santa
Ana Planning Division.
50Aa18
SECTION 7 - DEVELOPMENT STANDARDS
Professional and Business Offices/Commercial/Retail
1. Building Heights. All future on-site uses will be subject to a
height limitation of 200 feet above ground level, which is
defined as a measurement from the elevation of the top slab of
the first floor on-grade to the top of the structure.
2. Setbacks. A minimum of 15 feet setback shall be provided
between proposed on- si te uses and right -of -way boundaries for
the following streets: Lake Center Drive, Susan Street,
Sunflower Avenue and MacArthur. A minimum ten-foot setback will
be provided for uses adjacent to internal roadways.
3. Building Separations. Minimum building separation shall be
governed by Uniform Building Code requirements, except for
parking structures which are not required to be separated from
structures on separate parcels, and except for walkway covers,
connecting pedestrian access and atrium connections between
buildings.
4. Site Coverage. All building setbacks as described in 2 above.
Building setbacks shall be maintained for site coverage. Site
coverage for individual parcels or tracts shall be consistent
with the approved precise plan, provided that the setbacks
described above are maintained.
5. Parking. Parking within the Lake Center Specific Development
will be designed to take advantage of the urban setting and
balance of uses. This is represented by the mixture of similar
land uses located within close proximity to transportation
facilities. It is the intent of the applicant to provide
parking facilities in the form of both surface parking, parking
structures above and, possibly, below grade. The parking
structures design shall be compatible with the surrounding land
uses.
The site currently has 508 surface parking spaces and 861 spaces
in parking structures. Future on-site buildings will be served
by a mix of surface and structure parking (approximately 1,684
parking spaces in parking structures and 289 surface spaces).
Future spaces will be provided on a phase-by-phase basis
consistent with projected demand coinciding with the
construction of the proposed buildings. At build out, projected
total parking is anticipated to be 3,342 spaces in a combination
of surface and structured parking.
50A~19
a. Location of Parking. Required off-street parking shall be
provided. When parking is provided on a site of different
ownership, a recorded document shall be approved and filed
with the City of Santa Ana, Planning Division, and signed
by the owners of the parking site, stipulating to the
reservation of use of the site for said parking.
b. Joint Use of Parking. Two or more office or commercial
uses may jointly develop and utilize required parking
facilities if approved by the Planning Division. Parking
requirements for each individual use may be reduced through
City of Santa Ana (i.e. no compact stalls) as of the date
of adoption with regard to surfacing, marking, grading,
lighting, walls, circulation, parking dimensions, and
layout. Landscaping requirements will be in accordance
with this Specific Development Plan.
c. Off-Street Parking Plan/Site Plan. A parking plan
submitted for all projects requiring more than ten
spaces, unless off-street parking facilities are
provided.
will be
parking
already
The required number of off-street spaces may be reduced
commensurate with the specific type of use and demonstrated
hourly parking demand upon approval by the Zoning
Administrator. For off - street parking plan areas which
contain 500 or more parking spaces, a twenty (20) percent
reduction may be permitted for required off-street parking,
subj ect to approval by the Zoning Administrator. This
percentage is based upon representative factors for land
use as provided by the Urban Land institute's (ULI) shared
parking study.
The required number of off - street spaces provided may be
further modified contingent upon implementation of a
transportation demand management plan for Lake Center, and
based upon the results of a verified transportation study,
subject to approval by the Planning Division.
d. Number of Required Off-Street
of off-street parking spaces
project area are as follows:
Spaces.
to be
The minimum number
provided within the
Medical and Dental.
space for each 200
whichever is greater.
Six spaces for each doctor or one
square feet of gross floor area,
Professional and Business Offices. One space for each
333 1/3 square feet of gross floor area.
5O-A~20
Restaurants. Restaurant parking shall be in accordance
with the following:
Restaurants shall provide one parking space per 100
gross square feet of floor area.
Outdoor dining areas may be reduced to provide one
space per 200 square feet of gross floor area.
Parking requirements may be waived for restaurants
which primarily serve an on-site building or can be
demonstrated to serve on-site users who will not drive
to the site.
Commercial. One (1) space for each 200 square feet of
gross floor area for any freestanding commercial space
larger than 3,000 square feet. Parking requirements shall
be waived for commercial and service uses which primarily
serve an on-site building, or can be demonstrated to serve
on-site users who will not drive to the site.
Trad~ and profession.alnn _ $chools:. Onec$Qace. fQr e9,c::::h 40
s;qu.are feE:LofnJ:~l<3.e.$r~Qm9:E.?a '.n_ P:L u~ .q~~ $p~s:e._ fOE. J=ach._l~~
sq2-la.J::'e._. tE:e.!:.. ot?fJ1-ns:e_ t~<?Q:r-nnn~rE::a~~~h.passenqer lqadiqg_gJ19
1Jnl.<?aQingn~ ~~en. sh2L1L~e .J2 ~Qyi ~~9_. f<? rn_~c:t_gh_9.~_ild_~!lgn_ u~ e9nJ_~!:
i ~f?~:ru<::t::.~t9.n21..L P':lEPQ s.~..s~'.c
6. Landscaping Standards. All areas not used for buildings, parking
or storage shall be landscaped using the following guidelines.
All landscaped areas shall be irrigated using an automatic
irrigation system. The project shall provide landscaping,
consistent with the existing landscape theme and existing
improvements on-site. Plazas and courtyards shall provide a
minimum of 30 percent of the area dedicated to such amenity in
landscaping.
The design guidelines outlined herein form an integral element in
achieving distinctive development character for the project area.
As phases are implemented, landscape plans shall be approved which
are consistent with and implement these concepts, and are
consistent with existing improvements established by a Master Plan
on file with the City Planning Division. Detailed landscaping
plans shall be submitted to and be approved by the City of Santa
Ana Planning Division prior to issuance of a building permit and
installed prior to issuance of a certificate of Use and Occupancy.
50Ae-21
a. Setback Areas. To create a unifying element surrounding the
project area, a landscaped edge will be maintained adjacent
to Lake Center Drive, Susan Street, Sunflower 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 existing improvements, at a ratio of
one planter for each four parking spaces. For every ten parking
spaces; each planter will require one 15-gallon size tree, 8
five-gallon size shrubs and ground cover to serve as filler
materials. Other organic or inorganic materials are not
accepted for substitution for ground cover or turf.
7. Enforcement. The penal provisions and permit requirements set
forth in Article VIII of the Santa Ana Municipal Code (effective
as of the date of adoption of this Specific Development Plan)
shall apply to all development within the Lake Center Specific
Development Plan.
SECTION 8 - OPERATIONAL STANDARDS
1. Conditions Covenants and Restrictions (CC&R's) shall be provided
which requires future tenants and property owners to participate
in the required Transportation Demand Management Program and other
mitigation measures as specified in the Environmental Impact
Report.
2. Each future structure(s) shall be required to submit for Site Plan
Review to ensure conformity with the Master Plan and certified
Environmental Impact Report to provide the opportunity to apply
conditions to ensure compliance.
3. Prior to issuance of a Building Permit,
ultimate street right-of-ways on Lake
Street per the approved site plan.
dedicate curb returns and
Center Drive and Susan
5OrAlr22
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.
5~23
Conditional Use Permit No. 2005-05
April 11, 2005
Page 1 of 2
Findings of Fact
A.
Will the proposed
contribute to the
community?
use provide a
general well
service or
being of
facility which will
the neighborhood or
The approval of the Lloyd Anderson Group professional trade
school as conditioned will establish a professional trade
school facility that will provide necessary training services
to the surrounding adult community.
B. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity?
The Lloyd Anderson Group professional trade school as
conditioned will not present any detrimental affects to the
persons residing or working in the area. Parking concerns are
addressed due to the excess of parking on-site and through
conditions imposed restricting the applicant to the use of the
building to the floor plan submitted and approved in DP No. 04-
51. Any anticipated impacts to health, safety or welfare are
sufficiently mitigated through the conditions of approval
imposed on this project.
C. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed professional trade school as conditioned will not
create any negative or detrimental impacts on the economic
viabili ty of the surrounding area. The professional trade
school programs will be conducted within an existing six-story
office building and the proposed use will cater to and support
the existing professional office environment.
D.
Will the proposed use comply with the regulations
specified in Chapter 41 of the Santa Ana Municipal
use?
and condi t ions
Code for such
The proposed
consistent and
specified in
Development No.
professional trade school as conditioned is
will comply with all regulations and conditions
the Santa Ana Municipal Code and Specific
58 (SD-58) pertaining to such use.
~a~~2~
Conditional Use Permit No. 2005-05
April 11, 2005
Page 2 of 2
E. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed professional trade school will be consistent with
the General Plan and will not have any adverse impacts on the
General Plan designation of Industrial (IND).
50A-25
APRIL 11, 2005
PAGE 1 OF 1
Conditions of Approval
Conditional Use Permit No. 2005-05 is approved subject to compliance, to
the reasonable satisfaction of the Planning Manager, with applicable
sections of the Santa Ana Municipal Code, the California Administrative
Code, the Uniform Fire Code, the Uniform Building Code, and all other
applicable regulations. In addition, it shall meet the following
conditions of approval:
The applicant must comply with each and every condition listed below prior
to exercising the rights conferred by the conditional use permit.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in the revocation of the conditional
use permit.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan
Review approval of DP No. 04-51.
2. A total of 419 parking spaces are provided for the trade school,
office and commercial uses on site. The parking provided for
the proj ect is based on the floor plan configuration approved
for the development project (DP No. 04-51). Any proposed floor
plan modification, which would result in a higher parking
demand, would require a review of the conditional use permit.
3. The conditional use permit shall be reviewed at six months, nine
months, and one year.
~~~26
Conditional Use Permit No. 2005-06
April 11, 2005
Page 1 of 2
Findings of Fact
A.
Will the proposed
contribute to the
community?
use provide a
general well
service or
being of
facility which will
the neighborhood or
The approval of the professional trade school as conditioned
will establish an additional accredited University that will
provide necessary training services and educational
opportunities the surrounding community.
B. will the proposed use under the circumstances of the particular case
be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity?
Hope International University as conditioned will not present
any detrimental affects to the persons residing or working in
the area. Parking concerns are addressed due to the excess of
parking on-site and through conditions imposed restricting the
applicant to the use of the building to the floor plan
submitted and approved in DP No. 04-51. Any anticipated
impacts to health, safety or welfare are sufficiently mitigated
through the conditions of approval imposed on this project.
C. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed professional trade school as conditioned will not
create any negative or detrimental impacts on the economic
viabili ty of the surrounding area. The professional trade
school programs will be conducted within an existing six-story
office building and the proposed use will cater to and support
the existing professional office environment.
D.
Will the
specified
use?
proposed use comply with the regulations
in Chapter 41 of the Santa Ana Municipal
and conditions
Code for such
The proposed professional trade school as conditioned is
consistent and will comply with all regulations and conditions
specified in the Santa Ana Municipal Code and Specific
Development No. 58 (SD-58) pertaining to such use.
~~!27
Conditional Use Permit No. 2005-06
April 11, 2005
Page 2 of 2
E. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed professional trade school will be consistent with
the General Plan and will not have any adverse impacts on the
General Plan designation of Industrial (IND).
50A-28
APRIL 11,2005
PAGE 1 OF 1
Conditions of Approval
Conditional Use Permit No. 2005-06 is approved subject to compliance, to
the reasonable satisfaction of the Planning Manager, with applicable
sections of the Santa Ana Municipal Code, the California Administrative
Code, the Uniform Fire Code, the Uniform Building Code, and all other
applicable regulations. In addition, it shall meet the following
conditions of approval:
The applicant must comply with each and every condition listed below prior
to exercising the rights conferred by the conditional use permit.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in the revocation of the conditional
use permit.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan
Review approval of DP No. 04-51.
2. A total of 419 parking spaces are provided for the trade school,
office and commercial uses on site. The parking provided for
the proj ect is based on the floor plan configuration approved
for the development project (DP No. 04-51). Any proposed floor
plan modification, which would result in a higher parking
demand, would require a review of the conditional use permit.
3. The conditional use permit shall be reviewed at six months, nine
months, and one year.
~~!29
Conditional Use Permit No. 2005-07
April 11, 2005
Page 1 of 2
Findings of Fact
A.
Will the proposed
contribute to the
community?
use provide a
general well
service or
being of
facility which will
the neighborhood or
The Charis Recreational Field will provide a service to the
area by providing the resources students need to increase their
physical competence. The proj ect will provide the space and
amenities needed to introduce a practice field for the school
sports programs. The additional landscape improvements and
decorative fencing will contribute to the need for open space
and provide visual relief from a previously vacant site.
B. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
The proposed private recreational facility will not be
detrimental to the welfare of persons in the area, as the
proj ect will provide a supportive environment for children of
the Calvary Chapel School. These services will increase the
safety and welfare of children in the community.
C.
Will the proposed
stability or future
the area?
use adversely affect
economic development of
the present economic
properties surrounding
The project will help the stability and future economic
development of the area through the additional landscaping,
fencing and visual improvements to an otherwise vacant site.
D. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The project will comply with all applicable city codes and
standards pertaining to the recreational field use.
55A~30
Conditional Use Permit No. 2005-07
April 11, 2005
Page 2 of 2
E. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The operation of a private recreational practice field will
have no affect on the City's General Plan. Pri vate
recrea t ional fields are permi t ted subj ect to condi t ional use
permit within the Specific Development No. 58 (SD-58) zoning
district.
50A-31
APRIL 11, 2005
PAGE 1 OF 1
Conditions for Approval
Conditional Use Permit No. 2005-07 is approved subject to
the reasonable satisfaction of the Planning Manager, with
sections of the Santa Ana Municipal Code, the California
Code, the Uniform Fire Code, the Uniform Building Code
applicable regulations.
compliance, to
all applicable
Administrative
and all other
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this conditional use
permit.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in the revocation of the conditional
use permit.
A. Planning Division
1. Comply with Development Review Committee comments dated July 1,
2004 for Site Plan Review DP No. 04-50.
2. Any amendment to this conditional use permit must be submitted
to the Planning Division and Police Department for review. At
that time, staff will determine if administrative relief is
available or the conditional use permit must be amended.
3. Golf range style nets shall be installed along Lake Center Drive
to prevent balls and other objects from entering the street or
causing damage to nearby structures.
4. All lighting shall be designed and installed to direct, shield,
and confine direct rays of light to within the boundaries of the
development site. Lighting shall not glare onto or direct
exposed lights onto adjacent properties.
5. Provide a minimum of 41 parking spaces. All stalls shall be
double striped and shall not encroach into required landscape
areas.
6.
The conditional use permit shall be reviewed at 90 days,
months, and annually thereafter by the Planning Division
order to determine compliance with the above conditions or
any modification to the conditions of approval.
six
in
for
EXHIBIT 15
50A-~2
ORDINANCE NO. NS-2684
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SPECIFIC
DEVELOPMENT NO. 58 (SD-58) (ZOA NO. 2005-01)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find,
determine and declare as follows:
A. Zoning Ordinance Amendment No. 2005-01 has been filed with the
City of Santa Ana to amend the Specific Development No. 58 (SD-
58) to modify the SD-58 standards to conditionally permit private
recreational field and trade schools within the boundaries of the Lake
Center project.
B. On October 15, 1990, the City Council created Specific Development
No. 58 (NS-2089).
C. The Planning Commission of the City of Santa Ana held a duly
noticed public hearing on April 11, 2005, and unanimous voted to
recommend that the City Council:
1. Adopt an ordinance approving Zoning Ordinance
Amendment No. 2005-01.
2. Adopt a resolution approving Conditional Use Permit No.
2005-05 as conditioned.
3. Adopt a resolution approving Conditional Use Permit No.
2005-06 as conditioned.
4. Adopt a resolution approving Conditional Use Permit No.
2005-07 as conditioned.
D. On May 2, 2005 the City Council of the City of Santa Ana held a
duly noticed public hearing on Zoning Ordinance Amendment No.
2005-01, Conditional Use Permit No. 2005-05, Conditional Use
Permit No. 2005-06, and Conditional Use Permit No. 2005-07. On
May 2, 2005 the public hearing was closed and the City Council
continued the project to July 5, 2005.
E. Zoning Ordinance Amendment No. 2005-01 is consistent with the
General Plan, including but not limited to its goals and policies to:
1. Encourage the location of commercial centers at arterial
roadway intersections in commercial districts. (Policy 1.9)
Ordinance No. NS- XXX
Page 1 of 3
50A-33
2. Promote rehabilitation of commercial properties, and
encourage increased levels of capital investment. (Policy
2.7)
3. Support new development which is harmonious in scale and
character with existing development in the area. (Policy 2.9)
F. Zoning Ordinance Amendment No. 2005-01 is hereby found and
determined to be consistent with the General Plan of the City of
Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
G. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is
exempt from further review pursuant to Section 15332. This Class
32 exemption allows in-fill developments on properties of less than
five acres that meet applicable General Plan and zoning
regulations. Categorical Exemption Environmental Review No.
2004-156 will be filed for this project.
Section 2. Specific Development No. 58 (SD-58) is hereby amended as
set forth in Exhibit "A", attached hereto and incorporated as though fully set forth
herein.
Section 3. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of
Santa Ana hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespective of the
fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
ADOPTED this _ day of May, 2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Ordinance No. NS- XXX
Page 2 of 3
50A-34
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2684 to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS- XXX
Page 3 of 3
50A-35
SPECIFIC DEVELOPMENT PLAN NO. 58
SECTION 1 - APPLICABILITY OF ORDINANCE
The specific development zoning district for the subject property, as authorized by
Chapter 41, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code, is
specifically subject to the standards and regulations contained in this plan for the express
purpose of establishing land use regulations and standards. All other applicable chapters,
articles, and sections of the Santa Ana Municipal Code shall apply unless expressly
waived or superseded by this ordinance.
SECTION 2 - PURPOSE
The Specific Development Plan Number 58 (SD-58), consisting of standards and
regulations, is hereby established for the express purpose of protecting the health,
safety, and general welfare of the people of the City by promoting and enhancing the
value of properties and encouraging orderly development.
Lake Center Specific Development Plan SD-58 sets forth the development and
design criteria for a development consisting of approximately 33 acres. The purpose of
this Specific Development Plan is to permit flexibility in site planning and design in
response to market conditions while assuring high quality development.
Specific Development Plan Number SD-58 specifically establishes for the
property the following:
· The permitted uses;
· Maximum authorized development densities;
· Anticipated phasing of on-site development;
· Signage provisions; and
· Development standards for authorized uses, including building height limits,
required setbacks, parking requirements, landscaping provisions and
enforcement policies.
The EIR sets forth certain required mitigation measures, specified on Exhibit I,
attached, which are hereby incorporated as part of this Specific Development Plan No.
58.
Exhibit "A"
Page 1 of 8
50A-36
Obiectives
The objectives of the Lake Center Specific Development Plan include the provision
of the following:
1. Landscaping that is appropriate to the level of development and sensitive
to the surrounding community;
2. A visually harmonious development as viewed both internally and
externally;
3. A circulation system that is responsive to the needs of both vehicular and
pedestrian travel, particularly pedestrian safety across major arterials
serving the subject site;
4. Development that is exclusive of noxious fumes, toxic or hazardous
materials;
5. Flexibility in development in response to market conditions while achieving
overall City community goals;
6. Creation of new employment opportunities;
7. An integrated sign program that visually enhances the development and is
harmonious with the adjacent environs.
SECTION 3 - USES PERMITTED
Professional and Business Offices
1. General offices providing personal and professional services including,
without limit, employment agencies, medical insurance, real estate, travel,
trade contractors, architects, engineers, finance, research and
development, wherein high technology office use is coupled with minor
assembly and/or research, and other similar uses.
Commercial/Retail Uses
1. Commercial/retail uses including, but not limited to: service commercial
uses such as daycare centers, banks and other financial institutions,
delicatessens, food stores, newsstands, automobile support facilities
providing services only within the parking structures such as auto
detailing, health and exercise centers and other similar uses, office and
computer equipment, copy centers and other similar uses, office and
computer equipment, copy centers, postal centers, day care and other
similar uses.
Exhibit "A"
Page 2 of 8
50A-37
2. Restaurants, retail commercial, travel services, and other commercial
uses incidental/accessing to office uses.
Uses permitted subiect to conditional use permit:
1. Trade and professional schools.
2. Private recreational fields.
SECTION 4 - MAXIMUM PERMITTED BUILDING DENSITY/INTENSITY
The maximum authorized building densities/intensities for the Lake Center are as
follows:
1. 400,890 square feet of existing and approved office and support
commercial uses consistent with the site Master Plan.
2. 569,230 square feet of additional floor area. Parking structures and
appurtenant uses are not included in the calculation of floor area. Figure 1
illustrates the locations of existing and proposed Master Plan of buildings.
SECTION 5 - PHASING
PHASE GROSS FLOOR YEAR
AREA (SQ. FT.)
1. Building #1 49,040 1990
2. Building #12 56,000 1990-1991
3. Building #11 104,190 1992
4. Building #17 40,000 1992
5. Building #10 160,000 1993
6. Building #9 160,000 1994-1995
Year of development, building size and configuration are predicated on market
conditions at the time of construction and are subject to change as market conditions
change or as tenants become available.
SECTION 6 - SIGNAGE
All future on-site signs shall conform to Article XI, Subsections 41-850 through
41-1099 of the Santa Ana Zoning Code, in effect at the time of adoption of this
ordinance. On-site signs shall also be consistent with an approved sign program to be
Exhibit "A"
Page 3 of 8
50A-38
on file with the Santa Ana Planning Division.
SECTION 7 - DEVELOPMENT STANDARDS
Professional and Business Offices/Commercial/Retail
1. Buildinq Heiohts. All future on-site uses will be subject to a height
limitation of 200 feet above ground level, which is defined as a
measurement from the elevation of the top slab of the first floor on-grade
to the top of the structure.
2. Setbacks. A minimum of 15 feet setback shall be provided between
proposed on-site uses and right-of-way boundaries for the following
streets: Lake Center Drive, Susan Street, Sunflower Avenue and
MacArthur. A minimum ten-foot setback will be provided for uses adjacent
to internal roadways.
3. Buildinq Separations. Minimum building separation shall be governed by
Uniform Building Code requirements, except for parking structures which
are not required to be separated from structures on separate parcels, and
except for walkway covers, connecting pedestrian access and atrium
connections between buildings.
4. Site Coveraqe. All building setbacks as described in 2 above. Building
setbacks shall be maintained for site coverage. Site coverage for
individual parcels or tracts shall be consistent with the approved precise
plan, provided that the setbacks described above are maintained.
5. Parking. Parking within the Lake Center Specific Development will be
designed to take advantage of the urban setting and balance of uses.
This is represented by the mixture of similar land uses located within close
proximity to transportation facilities. It is the intent of the applicant to
provide parking facilities in the form of both surface parking, parking
structures above and, possibly, below grade. The parking structures
design shall be compatible with the surrounding land uses.
The site currently has 508 surface parking spaces and 861 spaces in
parking structures. Future on-site buildings will be served by a mix of
surface and structure parking (approximately 1,684 parking spaces in
parking structures and 289 surface spaces). Future spaces will be
provided on a phase-by-phase basis consistent with projected demand
coinciding with the construction of the proposed buildings. At build out,
projected total parking is anticipated to be 3,342 spaces in a combination
of surface and structured parking.
Exhibit "A"
Page 4 of 8
50A-39
a. Location of Parkino. Required off-street parking shall be provided.
When parking is provided on a site of different ownership, a
recorded document shall be approved and filed with the City of
Santa Ana, Planning Division, and signed by the owners of the
parking site, stipulating to the reservation of use of the site for said
parking.
b. Joint Use of Parkinq. Two or more office or commercial uses may
jointly develop and utilize required parking facilities if approved by
the Planning Division. Parking requirements for each individual use
may be reduced through City of Santa Ana (i.e. no compact stalls)
as of the date of adoption with regard to surfacing, marking,
grading, lighting, walls, circulation, parking dimensions, and layout.
Landscaping requirements will be in accordance with this Specific
Development Plan.
c. Off-Street Parkino Plan/Site Plan. A parking plan will be submitted
for all projects requiring more than ten parking spaces, unless off-
street parking facilities are already provided.
The required number of off-street spaces may be reduced
commensurate with the specific type of use and demonstrated
hourly parking demand upon approval by the Zoning Administrator.
For off-street parking plan areas which contain 500 or more parking
spaces, a twenty (20) percent reduction may be permitted for
required off-street parking, subject to approval by the Zoning
Administrator. This percentage is based upon representative
factors for land use as provided by the Urban Land institute's (ULI)
shared parking study.
The required number of off-street spaces provided may be further
modified contingent upon implementation of a transportation
demand management plan for Lake Center, and based upon the
results of a verified transportation study, subject to approval by the
Planning Division.
d. Number of Required Off-Street Spaces. The minimum number of
off-street parking spaces to be provided within the project area are
as follows:
Medical and Dental. Six spaces for each doctor or one space
for each 200 square feet of gross floor area, whichever is
greater.
Professional and Business Offices. One space for each 333 1/3
square feet of gross floor area.
Exhibit "A"
Page 5 of 8
50A-40
Restaurants. Restaurant parking shall be in accordance with
the following:
Restaurants shall provide one parking space per 100 gross
square feet of floor area.
Outdoor dining areas may be reduced to provide one space
per 200 square feet of gross floor area.
Parking requirements may be waived for restaurants which
primarily serve an on-site building or can be demonstrated to
serve on-site users who will not drive to the site.
Commercial. One (1) space for each 200 square feet of gross
floor area for any freestanding commercial space larger than
3,000 square feet. Parking requirements shall be waived for
commercial and service uses which primarily serve an on-site
building, or can be demonstrated to serve on-site users who will
not drive to the site.
Trade and professional schools. One space for each 40 square
feet of classroom area, plus one space for each 333 square feet
of office floor area. A passenqer loadinq and unloadinq zone shall
be provided for each buildinq used for instructional purposes.
6. Landscapinq Standards. All areas not used for buildings, parking or storage
shall be landscaped using the following guidelines. All landscaped areas shall
be irrigated using an automatic irrigation system. The project shall provide
landscaping, consistent with the existing landscape theme and existing
improvements on-site. Plazas and courtyards shall provide a minimum of 30
percent of the area dedicated to such amenity in landscaping.
The design guidelines outlined herein form an integral element in achieving
distinctive development character for the project area. As phases are
implemented, landscape plans shall be approved which are consistent with and
implement these concepts, and are consistent with existing improvements
established by a Master Plan on file with the City Planning Division. Detailed
landscaping plans shall be submitted to and be approved by the City of Santa
Ana Planning Division prior to issuance of a building permit and installed prior
to issuance of a certificate of Use and Occupancy.
Exhibit "A"
Page 6 of 8
50A-41
a. Setback Areas. To create a unifying element surrounding the project
area, a landscaped edge will be maintained adjacent to Lake Center
Drive, Susan Street, Sunflower Avenue, MacArthur Boulevard, and
interior streets. This edge will contain formal tree plants with turf below.
b. Side and Rear Yard Setback Area. All building setback areas shall be
landscaped utilizing ground cover, lawn, and/or shrub and tree materials
consistent with existing improvements.
c. Parkinq Area. In all areas where there is surface parking, the following
standards shall apply:
Setback - The width of the landscaped edge adjacent to parking areas shall
be a minimum of ten feet from the interior rear and interior side yard property
lines.
Trees - A landscape planter, not less than five feet by five feet, including the
thickness of the raised curb, shall be required consistent with existing
improvements, at a ratio of one planter for each four parking spaces. For
every ten parking spaces; each planter will require one 15-gallon size tree, 8
five-gallon size shrubs and ground cover to serve as filler materials. Other
organic or inorganic materials are not accepted for substitution for ground
cover or turf.
7. Enforcement. The penal provisions and permit requirements set forth in Article
VIII of the Santa Ana Municipal Code (effective as of the date of adoption of
this Specific Development Plan) shall apply to all development within the Lake
Center Specific Development Plan.
SECTION 8 - OPERATIONAL STANDARDS
1. Conditions Covenants and Restrictions (CC&R's) shall be provided which
requires future tenants and property owners to participate in the required
Transportation Demand Management Program and other mitigation
measures as specified in the Environmenta' Impact Report.
2. Each future structure(s) shall be required to submit for Site Plan Review to
ensure conformity with the Master Plan and certified Environmental Impact
Report to provide the opportunity to apply conditions to ensure compliance.
3. Prior to issuance of a Building Permit, dedicate curb returns and ultimate
street right-of-ways on Lake Center Drive and Susan Street per the
approved site plan.
4. Prior to issuance of a Utility Release, complete the following:
Exhibit "A"
Page 7 of 8
50A-42
a. Comply with all mitigation measures applicable to the approved Site
Plan and as set forth in the Draft EIR, and as modified in the
response to comments portion of the EIR.
b. Comply with the requirements of the Development Agreement.
Exhibit "A"
Page 8 of 8
50A-43
KO-06/24/05
RESOLUTION NO. 2005-046
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2005-05 AS CONDITIONED TO
ALLOW A TRADE SCHOOL AT 3000 WEST
MACARTHUR BOULEVARD, SUITE 300;
APPROVING CONDITIONAL USE PERMIT NO.
2005-06 AS CONDITIONED TO ALLOW A TRADE
SCHOOL AT 3000 WEST MACARTHUR
BOULEVARD, SUITE 320; AND APPROVING
CONDITIONAL USE PERMIT NO. 2005-07 AS
CONDITIONED TO ALLOW A PRIVATE
RECREATIONAL FIELD AT 3100 WEST
MACARTHUR BOULEVARD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Applicant requested approval of Conditional Use Permit No. 2005-05 to
allow a trade school at 3000 West MacArthur Boulevard, Suite 300;
Conditional Use Permit No. 2005-06 to allow a Trade school at 3000 West
MacArthur Boulevard, Suite 320; and Conditional Use Permit No. 2005-07
to allow a private recreational field at 3100 West MacArthur Boulevard.
B. Applicant also filed Zoning Ordinance Amendment No. 2005-01 with the
City of Santa Ana seeking to amend the Specific Development No. 58
(SD-58) to modify the SD-58 standards to conditionally permit private
recreational fields and trade schools within the boundaries of the Lake
Center project.
C. The Planning Commission of the City of Santa Ana held a duly noticed
public hearing on April 11, 2005, and unanimous voted to recommend that
the City Council:
1. Adopt an ordinance approving Zoning Ordinance Amendment No.
2005-01.
2. Adopt a resolution approving Conditional Use Permit No. 2005-05
as conditioned.
50A-44
Resolution No. 2005-xx
Page 1 of 6
3. Adopt a resolution approving Conditional Use Permit No. 2005-06
as conditioned.
4. Adopt a resolution approving Conditional Use Permit No. 2005-07
as conditioned.
D. On May 2, 2005 the City Council of the City of Santa Ana held a duly
noticed public hearing on Zoning Ordinance Amendment No. 2005-01,
Conditional Use Permit No. 2005-05, Conditional Use Permit No. 2005-06,
and Conditional Use Permit No. 2005-07. On May 2,2005 the public
hearing was closed and the City Council continued the project to July 5,
2005.
E. Applicant has requested approval of Conditional Use Permit No. 2005-05
to allow a trade school at 3000 West MacArthur Boulevard, Suite 300.
Specific Development No. 58 (SD-58) allows a trade and professional
school subject to the approval of a Conditional Use Permit. Santa Ana
Municipal Code Section 41-638 authorizes the City Council to grant a
conditional use permit upon making certain findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The approval of the Lloyd Anderson Group professional
trade school as conditioned will establish a professional
trade school facility that will provide necessary training
services to the surrounding adult community.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety or general welfare of
persons residing or working in the vicinity?
The Lloyd Anderson Group professional trade school as
conditioned will not present any detrimental affects to the
persons residing or working in the area. Parking concerns
are addressed due to the excess of parking on-site and
through conditions imposed restricting the applicant to the
use of the building to the floor plan submitted and approved
in DP No. 04-51. Any impacts to health, safety or welfare
are sufficiently mitigated through the conditions of approval
imposed on this project.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
50A-45
Resolution No. 2005-xx
Page 2 of 6
The proposed professional trade school as conditioned will
not create any negative or detrimental impacts on the
economic viability of the surrounding area. The professional
trade school programs will be conducted within an existing
six-story office building and the proposed use will cater to
and support the existing professional office environment.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 of the Santa Ana Municipal Code for such
use?
The proposed professional trade school as conditioned is
consistent and will comply with all regulations and conditions
specified in the Santa Ana Municipal Code and Specific
Development No. 58 (SD-58) pertaining to such use.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed professional trade school will be consistent
with the General Plan and will not have any adverse impacts
on the General Plan designation of Industrial (IND).
F. Applicant has requested approval of Conditional Use Permit No. 2005-06
to allow a trade school at 3000 West MacArthur Boulevard, Suite 310.
Specific Development No. 58 (SD-58) allows a trade and professional
school subject to the approval of a Conditional Use Permit. Santa Ana
Municipal Code Section 41-638 authorizes the City Council to grant a
conditional use permit upon making certain findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The approval of the professional trade school as conditioned
will establish an additional accredited University that will
provide necessary training services and educational
opportunities the surrounding community.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety or general welfare of
persons residing or working in the vicinity?
Hope International University as conditioned will not present
any detrimental affects to the persons residing or working in
the area. Parking concerns are addressed due to the
excess of parking on-site and through conditions imposed
restricting the applicant to the use of the building to the floor
50A-46
Resolution No. 2005-xx
Page 3 of 6
plan submitted and approved in DP No. 04-51. Any impacts
to health, safety or welfare are sufficiently mitigated through
the conditions of approval imposed on this project.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed professional trade school as conditioned will
not create any negative or detrimental impacts on the
economic viability of the surrounding area. The professional
trade school programs will be conducted within an existing
six-story office building and the proposed use will cater to
and support the existing professional office environment.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 of the Santa Ana Municipal Code for such
use?
The proposed professional trade school as conditioned is
consistent and will comply with all regulations and conditions
specified in the Santa Ana Municipal Code and Specific
Development No. 58 (SD-58) pertaining to such use.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed professional trade school will be consistent
with the General Plan and will not have any adverse impacts
on the General Plan designation of Industrial (IND).
G. Applicant has requested approval of Conditional Use Permit No. 2005-07
to allow a trade school at 3100 West MacArthur Boulevard. Specific
Development No. 58 (SD-58) allows private recreational fields subject to
the approval of a Conditional Use Permit. Santa Ana Municipal Code
Section 41-638 authorizes the City Council to grant a conditional use
permit upon making certain findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The Charis Recreational Field will provide a service to the
area by providing the resources students need to increase
their physical competence. The project will provide the
space and amenities needed to introduce a practice field for
the school sports programs. The additional landscape
improvements and decorative fencing will contribute to the
50A-47
Resolution No. 2005-xx
Page 4 of 6
need for open space and provide visual relief from a
previously vacant site.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The proposed private recreational facility will not be
detrimental to the welfare of persons in the area, as the
project will provide a supportive environment for children of
the Calvary Chapel School. These services will increase the
safety and welfare of children in the community.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The project will help the stability and future economic
development of the area through the additional landscaping,
fencing and visual improvements to an otherwise vacant site.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The project will comply with all applicable city codes and
standards pertaining to the recreational field use.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The operation of a private recreational practice field will have
no affect on the City's General Plan. Private recreational
fields are permitted subject to conditional use permit within
the Specific Development No. 58 (SD-58) zoning district.
H. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt
from further review pursuant to Section 15332. This Class 32 exemption
allows in-fill developments on properties of less than five acres that meet
applicable General Plan and zoning regulations. Categorical Exemption
Environmental Review No. 2004-156 will be filed for this project
Section 2. The City Council after conducting the public hearing hereby approves:
A. Conditional Use Permit No. 2005-05 as conditioned in Exhibit "A"
attached hereto and incorporated herein.
B. Conditional Use Permit No. 2005-06 as conditioned in Exhibit "B"
attached hereto and incorporated herein.
50A-48
Resolution No. 2005-xx
Page 5 of 6
C. Conditional Use Permit No. 2005-07 as conditioned in Exhibit "C"
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 Council Action dated
May 2, 2005 and exhibits attached thereto; the Request for Council Action dated July 5,
2005 and exhibits attached thereto and the public testimony written and oral, all of
which are incorporated herein by this reference.
Section 3. This Resolution shall not be effective unless and until Ordinance No.
NS-2684 becomes effective. If said ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not
go into effect for any reason, then this resolution shall be null and void and have no further
force and effect.
Section 4. This decision rendered by the City Council of the City of Santa Ana
is final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the
Council's decision and these findings.
ADOPTED this
day of July, 2005
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
50A-49
Resolution No. 2005-xx
Page 6 of 6
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. 2005-046 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
50A-50
Resolution No. 2005-xx
Page 7 of 6
Conditions for Approval for Conditional Use Permit No. 2005-05
Conditional Use Permit No. 2005-05 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal
Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building
Code, and all other applicable regulations. In addition, it shall meet the following
conditions of approval:
The applicant must comply with each and every condition listed below prior to exercising
the rights conferred by the conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the life
of the conditional use permit. Failure to comply with each and every condition may result
in the revocation of the conditional use permit.
A. Planninq Division
1 . All proposed site improvements must conform to the Site Plan Review
approval of DP No. 04-51.
2. A total of 419 parking spaces are provided for the trade school, office and
commercial uses on site. The parking provided for the project is based on
the floor plan configuration approved for the development project (DP No.
04-51). Any proposed floor plan modification, which would result in a higher
parking demand, would require a review of the conditional use permit.
3. The conditional use permit shall be reviewed at six months, nine months,
and one year.
Exhibit "A"
50A-51
Conditions for Approval for Conditional Use Permit No. 2005-06
Conditional Use Permit No. 2005-06 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal
Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building
Code, and all other applicable regulations. In addition, it shall meet the following
conditions of approval:
The applicant must comply with each and every condition listed below prior to exercising
the rights conferred by the conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the life
of the conditional use permit. Failure to comply with each and every condition may result
in the revocation of the conditional use permit.
A. PlanninQ Division
1. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 04-51.
2. A total of 419 parking spaces are provided for the trade school, office and
commercial uses on site. The parking provided for the project is based on
the floor plan configuration approved for the development project (DP No.
04-51). Any proposed floor plan modification, which would result in a higher
parking demand, would require a review of the conditional use permit.
3. The conditional use permit shall be reviewed at six months, nine months,
and one year.
Exhibit "B"
50A-52
Conditions for Approval for Conditional Use Permit No. 2005-07
Conditional Use Permit No. 2005-07 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Planninq Division
1. Comply with Development Review Committee comments dated July 1, 2004
for Site Plan Review DP No. 04-50.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review. At that time, staff will
determine if administrative relief is available or the conditional use permit
must be amended.
3. Netting shall be installed along Lake Center Drive to prevent objects from
entering the street or causing damage to nearby structures. Netting
placement, material, and design shall be submitted and approved by the
Planning Manager.
4. All lighting shall be designed and installed to direct, shield, and confine direct
rays of light to within the boundaries of the development site. Lighting shall
not glare onto or direct exposed lights onto adjacent properties.
5. Provide a minimum of 41 parking spaces. All stalls shall be double striped
and shall not encroach into required landscape areas.
6. The conditional use permit shall be reviewed at 90 days, six months, and
annually thereafter by the Planning Division in order to determine
compliance with the above conditions or for any modification to the
conditions of approval.
Exhibit "C"
50A-53
50A-54
REQUEST FOR
COUNCIL ACTION
(.~~.I'
~~
[~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 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
AMENDMENT TO RESOLUTION
NUMBER 2001-065 TO PROVIDE FOR
CONTINUATION OF ADDITIONAL
PARTIALLY-PAID TEMPORARY
MILITARY LEAVE OF ABSENCE
FOR CITY EMPLOYEES
v
'P
aJlJ (2
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager to provide for continuation
of additional partially-paid temporary military leave of absence for city
employees called to active duty with the armed forces, and continuation of
benefits for their dependents.
DISCUSSION
On October 1, 2001, the Santa Ana City Council adopted Resolution No. 2001-
065, providing for additional partially-paid military leave of absence for
full-time officers or employees of the City called to active military service
with the Armed Forces of the United States in connection with the then-
current military crisis. That Resolution also provided that its terms would
expire unless extended by further action of the City Council.
The City Council subsequently adopted two resolutions, Resolution No. 2003-
070 and Resolution No. 2004-036, extending the termination date of Resolution
No 2001-065 to June 30, 2004, and June 30, 2005, respectively. By adopting
the subject resolution, the City Council will extend the termination date to
June 30, 2006, and continue to help City employees and their families with
financial hardships resulting from being called to active duty in connection
with the current military crisis.
FISCAL IMPACT
There is no fiscal impact as a result of this change.
Agency
55A-1
RESOLUTION NO. 2005-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING RESOLUTIONS NO. 2001-065,
NO. 2003-070 AND NO. 2004-036 TO PROVIDE FOR
CONTINUATION OF ADDITIONAL PARTIALLY-PAID
TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY
EMPLOYEES CALLED TO ACTIVE DUTY WITH THE
ARMED FORCES AND CONTINUATION OF BENEFITS
FOR THEIR DEPENDENTS
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. On October 1, 2001, the City Council of the City of Santa Ana adopted
Resolution No. 2001-065 providing for an additional partially paid military
leave of absence for each full-time officer or employee of the City who has
been or will be called to active military service with the Armed Forces of
the United States in connection with the then current military crisis.
B. On August 18, 2003, the City Council adopted Resolution No. 2003-070,
which amended Resolution No. 2001-065, extending continuation of these
benefits for Fiscal Year 2003-2004.
C. On May 17, 2004, the City Council adopted Resolution No. 2004-036,
which amended Resolution No. 2001-065, extending continuation of these
benefits for Fiscal Year 2004-2005
D. The pay and benefits authorized by said Resolution No. 2001-065, as
amended by Resolutions No. 2003-070 and No. 2004-036, will terminate
on June 30, 2005, unless extended by further action of the City Councilor
otherwise required by law.
E. The City Council wishes to continue to help City employees and their
families with financial hardships resulting from being called to active duty for
more than 30 continuous days in connection with the current military crisis.
55A-2
Section 2. That Section 5 of Resolution No. 2001-065, as amended, is further
amended to read as follows:
A. "Section 5. This resolution, and the pay and benefits authorized herein,
shall be effective throughout the entirety of Fiscal Year 2005-2006, but shall
terminate and be of no further force or effect on midnight, June 30, 2006,
unless extended by further action of the City Councilor otherwise required
bylaw".
Section 3. Except as herein amended, Resolution No. 2001-065, as amended,
shall remain in full force and effect.
Section 4. This Resolution shall be effective as of July 1,2005, and the Clerk
of the Council shall attest to and certify the vote adopting this Resolution.
day of
,2005.
ADOPTED this
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Joseph Straka
Assistant City Attorney
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSTAIN:
Council members:
NOT PRESENT: Councilmembers:
55A-3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-066 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
55A-4
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
APPROVED
TITLE:
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
RESOLUTION ADOPTING THE
NATIONAL INCIDENT MANAGEMENT
SYSTEM
'if '\'t-'
'\1)(
r2/?lt2.
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution adopting the National Incident Management System in
order to increase Homeland Security emergency preparedness, response, and
recovery coordination with federal, state, and local agencies.
DISCUSSION
The Department of Homeland Security developed the National Incident
Management System (NIMS), which provides for a coordinated approach to
emergency preparedness, response, and recovery. Federal departments and
agencies require adoption of the NIMS by State, tribal and local government
organizations as a condition for federal preparedness assistance.
The NIMS represents a consistent nationwide approach to working more
effectively and efficiently to prevent, prepare for, respond to and recover
from domestic incidents, regardless of cause, size or complexity. It is
necessary and desirable for all federal, state, local and tribal emergency
agencies and personnel to coordinate their efforts to effectively and
efficiently provide the highest level of incident management.
The use of the NIMS standardized procedures for managing personnel,
communications, facilities, and resources will ensure the city's ability to
enhance local agency readiness, maintain first responder safety, and
streamline incident management processes. The NIMS is designed to utilize
standardized terminology, standardized organizational structures,
interoperable communications, consolidated action plans, unified command
structures, uniform personnel qualification standards, uniform standards
for planning, training, and exercising, comprehensive resource management,
and designated incident facilities during emergencies or disasters.
558-1
National Incident Management
System Resolution
July 5, 2005
Page 2
In 1996, the City of Santa Ana adopted the statewide Standardized Emergency
Management System (SEMS), which provides for a coordinated approach to
emergency preparedness, response, and recovery. The NIMS was built on the
foundation of the successes found through the SEMS and the Incident Command
System. Thus, the components involved in the NIMS are already an integral
part of the system the City currently uses for emergency management
activities.
In order to be in compliance with Homeland Security regulations, it is
necessary to adopt the NIMS. In additional, approval of the recommended
action is required in order to maintain the City's eligibility to receive
federal grant funding related to emergency management and homeland
security.
FISCAL IMPACT
There is no fiscal impact associated with this action.
" ),. ., L J\t~-
pau11 M. War ers
Chief of Police
Police Department
558-2
bk:6/28/05
RESOLUTION NO. 2005-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM AS THE CITY'S STANDARD
FOR INCIDENT MANAGEMENT
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. To facilitate the most efficient and effective incident management it is
critical that Federal, State, local, and tribal organizations utilize
standardized terminology, standardized organizational structures,
interoperable communications, consolidated action plans, unified
command structures, uniform personnel qualification standards, uniform
standards for planning, training, and exercising, comprehensive resource
management, and designated incident facilities during emergencies or
disasters.
B. It is necessary and desirable that the City of Santa Ana departments and
personnel in conjunction with all Federal, State, local, and tribal
emergency agencies and personnel, coordinate their efforts to effectively
and efficiently provide the highest levels of incident management.
C. The President of the United States, in Homeland Security Directive
(HSPD-5), directed the Secretary of the Department of Homeland Security
to develop and administer a National Incident Management System
(NIMS), which would provide a consistent, comprehensive, nationwide
approach for Federal, State, local, and tribal governments to work together
more effectively and efficiently to prevent, prepare for, respond to, and
recover from domestic incidents, regardless of cause, size, or complexity.
D. The NIMS provides for interoperability and compatibility among Federal,
State, and local capabilities including a core set of concepts, principles,
terminology, and technologies covering the incident command system,
unified command, training, management of resources, and reporting.
E. Adopting the NIMS standardized procedures for managing personnel,
communications, facilities, and resources will improve the City's ability to
558-3
Resolution No. 2005-067
Page 1 of 3
utilize federal funding to enhance local readiness, maintain first responder
safety, and streamline incident management processes.
F. Failure to adopt the NIMS as the requisite emergency system may
preclude reimbursement to the City for costs expended during and after a
declared emergency or disaster and for training and preparation for such
disasters or emergencies.
G. The Incident Command System components of the NIMS are already an
integral part of various incident management activities throughout the City,
including current emergency management training programs.
Section 2. The City of Santa Ana hereby establishes the National Incident
Management System as the City standard for preparing for and responding to disaster
incidents.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
Resolution No. 2005-067
Page 2 of 3
558-4
AYES: Council members
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-067 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
558-5
Resolution No. 2005-067
Page 3 of 3
558-6
./
REQUEST FOR
COUNCIL ACTION
~
~~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
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
RESOLUTION ESTABLISHING THE
APPROPRIATION LIMIT OF THE
CITY OF SANTA ANA FOR
FY 2005-06
~,../\ './;J/ /'1
/'~. /,/
~ . . ~~~~AiE~~~
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution establishing the appropriation limit for the fiscal
year 2005-06
DISCUSSION
The State of California Constitution includes provisions, which impose a
limi t ("the Gann Limit") on tax proceeds that may be appropriated for
expenditures by a local government in any given fiscal year and requires
the cities establish this limit by resolution. Adoption of the subject
resolution is necessary for compliance with these provisions for the
fiscal year ending June 30, 2006.
As detailed in the exhibits to the subject resolution, the City's spending
limitations from "Proceeds of Taxes" is calculated to be $665,679,785
(Exhibit A) for FY 2005-06. This represents the permitted growth rate
factor of 19.7899 times the adjusted base year (1978-1978) appropriation
limit of $33,640,451. Exhibit B identifies the factors used to determine
the allowable increase; Exhibit C categorizes FY 2005-06 anticipated
revenues from "Proceeds of Taxes" and "Non-Proceeds of Taxes"; and Exhibit
D computes the fiscal year 2005-2006 appropriations subject to this
limitation and identifies the difference between the limit and the
budgeted appropriation. As demonstrated in Exhibit D the City's
anticipated FY 2005-06 "Proceeds of Taxes" revenue will be $551,939,850
below the allowable limit.
FISCAL IMPACT
There is no fiscal impact associated with this action.
':\-~t!.\\~~"\ ~~~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
55C-1
Appropriation Limit:
1978-79 Base Year
Permitted Growth Rate
in appropriation (Exhibit B)
EXHIBIT A
COMPUTATION OF APPROPRIATION LIMIT
FOR FISCAL YEAR ENDING JUNE 30, 2006
Appropriation Limit for the
Fiscal Year Ending June 30, 2006
55C-2
$
33,640,451
19.7899
$
665,742,325
EXHIBIT B
CALCULATION OF PERMITTED GROWTH RATE IN
APPROPRIATIONS FOR FISCAL YEAR ENDING JUNE 30, 2006
Factor 2005-06:
California CPI:
Converted into a Factor
Population Growth:
Converted into a Factor:
Rates of Change: 1.0526 x 1.0113
Multiplied by 2004-05 Combined Index
Combined Index 1979-80 through 2005-06
55C-3
5.26%
1.0526
1.13%
1.0113
1 .0645
18.5908
19.7899
EXHIBIT C
SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES
FOR FISCAL YEAR ENDING JUNE 30, 2006
PROCEEDS NON-PROCEEDS
REVENUE OF TAXES OF TAXES TOTALS
TAXES:
Property Tax $ 40,326,555 $ $ 40,326,555
Sales Tax 43,160,340 43,160,340
Hotel Visitors' Tax 5,875,700 5,875,700
Business Tax 8,588,000 8,588,000
Documentary Stamp Tax 1,234,500 1,234,500
Utility Users'Tax 26,982,520 26,982,520
Total Taxes 126,167,615 126,167,615
FROM STATE:
State Motor Vehicle 1,705,255 1,705,255
State Gas Tax 6,610,415 6,610,415
State Park Bond 2,500,000 2,500,000
State Cost Reimbs 55,000 55,000
State Grants 0
AQMD AB 2766 , TCR AB2928 372,340 372,340
Total State 1,705,255 9,537,755 11,243,010
OTHER GOVERNMENT:
Community Development (CDBG) 8,215,900 8,215,900
Homeowners Prop tax subve 275,335 275,335
Housing (HUD) 29,195,025 29,195,025
WIA 3,461,295 3,461,295
Measure M, Street Grand, Gas Tax Exch 16,941,495 16,941,495
HOPW A 1,342,000 1,342,000
Empowerment Zone 661 ,135 661,135
County of Orange 315,000 315,000
Civic Center and Park 3,317,810 3,317,810
Other Federal Grants 667,750 667,750
Total Other Government 275,335 64,117,410 64,392,745
55C-4
Exhibit C
Continued
PROCEEDS NON-PROCEEDS
REVENUE OF TAXES OF TAXES TOTALS
LOCALL Y RAISED:
Licenses and Permits 5,978,980 5,978,980
Franchise Fees 6,953,670 6,953,670
Development Fees 1,210,800 1,210,800
Fines and Forfeitures 5,048,720 5,048,720
Charges for Services 3,414,200 3,414,200
Parks and Recreations 1,276,995 1,276,995
From Use of Property 11,783,355 11,783,355
Others 3,758,360 3,758,360
Refuse Program Savings 1,239,325 1,239,325
Total Locally Raised 40,664,405 40,664,405
OTHER MISCELLANEOUS:
Sale of Junk and Property 42,650 42,650
Expense Reimbursements 3,892,690 3,892,690
Indirect Cost Recovery 2,799,080 2,799,080
From Prior Year Fund Balances 5,453,800 10,781,445 16,235,245
Interfund Transfers 13,131,055 13,131,055
Total Other Miscellaneous 5,453,800 30,646,920 36,100,720
FROM USE OF MONEY:
Earnings on Investment 3,797,560 146,425 3,943,985
TOTAL REVENUES $ 137,399,565 $ 145,112,915 $ 282,512,480
55C-5
EXHIBIT D
APPROPRIATION SUBJECT TO LIMITATION
FOR FISCAL YEAR ENDING JUNE 30, 2006
Proceeds from taxes
Less: Exclusions:
Capital outlay
Appropriation subject to limitation
Current year limit
Over(under) limit
55C-6
$
137,399,565
23,597,090
$
113,802,4 75
665,742,325
$
(551,939,850)
mjv:6/28/05
RESOLUTION NO. 2005-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT
OF THE CITY OF SANTA ANA FOR FISCAL YEAR
2005-2006
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. Article XIIIB of the Constitution of the State of California, adopted by the
voters of the State of California in November 1978, imposes upon State
and local government the obligation to limit each fiscal year's
appropriations to those established in fiscal year 1978-79 as adjusted for
by inflation and population, together with other specified changes required
or permitted.
B. In June of 1990, the voters of the State of California approved Proposition
111 which amended Article XIII B to establish the limit originally calculated
for fiscal year 1986-87 as a new adjustment base and to change the
definition of the cost of living to be either the percentage change in
California per capita personal income from the preceding year or the
percentage change in the local assessment roll from the preceding year
for the jurisdiction due to the addition of local non-residential new
construction.
C. Proposition 111 further modified Article XIII B requirements by making
certain capital outlay, debt service, emergency and court ordered
expenditures not subject to the limit and by allowing expenditures in
excess of one year's limit to be offset by underexpenditures in an
immediately following year.
D. The City of Santa Ana has opted to use as the inflation adjustment factor,
the percentage change in the California per capita personal income from
the preceding year.
E. The City of Santa Ana has opted to use as the population adjustment
factor, the County's percentage change in population from the preceding
year.
Resolution No. 2005-068
Page 1 of 4
55C-7
F. Division 9 of Title I of the Government Code of the State of California
(commencing with section 7900), as enacted by 1980 Statutes, Chapter
1205, effective January 1, 1981, directs the governing body of each local
jurisdiction each year to, by resolution, establish its appropriations limit
and make other necessary determinations for the following fiscal year
pursuant to Article XIIIB of the California Constitution at a regularly
scheduled meeting or noticed special meeting. Fifteen days prior to the
meeting documentation used in the determination of the appropriations
limit and other necessary determinations shall be available to the public.
G. This matter came on before the City Council at its regularly scheduled
meeting of July 5, 2005.
H. The Executive Director, Finance and Management Services of the City of
Santa Ana has determined the City's appropriation limit for fiscal year
2005-2006 in accordance with the said provisions of the Constitution and
laws of the State of California and the documentation used in said
determination has been available to the public since not later than June
20, 2005 in the office of the Executive Director, Finance & Management
Services.
Section 2. Based upon the above referenced facts and all facts specified in
the accompanying Request for Council Action and its attachments, and each of them,
the appropriation limit of the City of Santa Ana for fiscal year 2005-2006 is hereby found
and determined to be $665,742,325.00.
Section 3. In accordance with Health & Safety Code 9 33445, a community
redevelopment agency may, with the consent of the legislative body, pay all or a part of
the value of the land for and the cost of the installation and construction of any building,
facility, structure, or other improvement that is publicly owned either within or without the
project area upon the legislative body making the following determinations:
(1) The buildings, facilities, structures or other improvements are of benefit to
the project area or the immediate neighborhood in which the project is
located, regardless of whether the improvement is within another project
area;
(2) No other reasonable means of financing the buildings, facilities, structures,
or other improvements are available to the community; and
(3) The payment of funds for the cost of the facilities, structures or other
improvements will assist in the elimination of one of more blighting conditions
inside the project area or provide housing for low- or moderate-income
persons, and is consistent with the implementation plan adopted by the
Agency pursuant to Health & Safety Code 9 33490.
Resolution No. 2005-068
Page 2 of 4
55C-8
The City Council hereby makes these findings and determinations, and consents
for fiscal year 2005-2006 to the Community Redevelopment Agency of the City of Santa
Ana making said payments as it deems warranted.
Section 4. 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: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Council members
Resolution No. 2005-068
Page 3 of 4
55C-9
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-068 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Resolution No. 2005-068
Page 4 of 4
Clerk of the Council
City of Santa Ana
55C-1 0
REQUEST FOR
COUNCIL ACTION
~
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5,2005
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
CONSENT TO MODIFICATION OF THE
SANTA ANA EMPOWERMENT CORPORATION
ARTICLES OF INCORPORATION TO
INCREASE~ ~
.a~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution consenting to an amendment to
Incorporation of the Santa Ana Empowerment Corporation,
the size of quorum.
the Articles of
Inc. to increase
DISCUSSION
The Santa Ana Empowerment Corporation (SAEC) will be holding a special
Board meeting on July 11, 2005, to discuss and vote on changing the
percentage used in determining quorum for Board meetings. The Articles of
Incorporation, Article V, established quorum as being one third of the
Board. Members of the SAEC Board have discussed and will be voting to
amend quorum to one half plus one. This modification, if adopted, would
allow for more Board members to participate on Board committees without
triggering a quorum issue for the entire Board.
Article XI of the Articles of Incorporation states the Articles may not be
changed without the approval of City Council. Therefore, the Board of
Directors is asking that City Council adopt a resolution consenting to a
modification of Article V of the Articles of Incorporation to increase the
size of quorum. This would allow the Board to change the quorum
percentage and immediately proceed with establishing membership on various
Board Task Forces.
550-1
Consent to Modification of SAEC
Articles of Incorporation to
Increase Quorum
July 5, 2005
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
~~/~
patrici C. Whi ker
Executive Director
Community Development Agency
PCW/DS/mlr
H:\ACTIONS\2005 CC\Consent to Modif of SAEC Articles to Incr Quorum
7-5-05l.doc
550-2
bk:6/28/05
RESOLUTION NO. 2005-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CONSENTING TO AN AMENDMENT TO THE
ARTICLES OF INCORPORATION OF THE SANTA ANA
EMPOWERMENT CORPORATION, INC. TO INCREASE
THE SIZE OF QUORUM
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. In 1999, the United States Department of Housing and Urban
Development approved the application of the City of Santa Ana
to be a federal Round II Urban Empowerment Zone.
B. On July 19, 1999, the City Council, pursuant to Resolution
No. 99-043, created the Santa Ana Empowerment Corporation,
Inc. to implement the City's Empowerment Zone Strategic Plan.
C. The articles of incorporation of the Santa Ana Empowerment
Corporation require the City Council of the City of Santa Ana to
concur in any modification to the articles.
D. The articles of incorporation of the Santa Ana Empowerment
Corporation provide that quorum of the Board of Directors, which
is the minimum number of Directors who must be present for
valid transaction of business, is one-third (%).
E. At its last regular meeting, the Board of Directors of the Santa
Ana Empowerment Corporation scheduled a special meeting on
July 11, 2005 to consider increasing the size of the Board's
quorum.
F. Because increasing the size of quorum for the Board would
require amendment to the articles of incorporation, the City
Council must concur in this amendment.
550-3
Resolution No. 2005-069
Paqe 1 of 3
Section 2. The City Council concurs in any action by the Board of Directors of
the Santa Ana Empowerment Corporation to amend Article V of its articles of
incorporation to increase the size of quorum of the Board.
Section 3. This Resolution shall take effect upon adoption by the Santa Ana
Empowerment Corporation of an action pursuant to Article XI of its articles of
incorporation to increase the size of quorum established pursuant to Article V of the
articles. In that event and at that time, 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:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2005-069
Page 2 of 3
550-4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-069 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
550-5
Resolution No. 2005-069
Paqe 3 of 3
550-6
./
REQUEST FOR
COUNCIL ACTION
~-~
r:wtt
~f(lf~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5, 2005
TITLE:
PUBLIC HEARING - ZONING ORDINANCE
AMENDMENT NO. 2005 - 02, AMENDMENTS
TO CONDITIONAL USE PERMIT NO.
2003-37 AND CONDITIONAL USE PERMIT
NO. 2005-19 FOR ORIGINAL MIKE'S
RESTAURANT - CARIBOU INDUSTRIES,
APPLICANT // , /;/
~ ~Lu,J/j7:;Z~.--~. --
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
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-02.
2. Adopt a resolution approving Amendments to Conditional Use Permit
No. 2003-37 as conditioned.
3. Adopt a resolution approving Conditional Use Permit No. 2005-19 as
conditioned.
PLANNING COMMISSION ACTION
On June 13, 2005, the Planning Commission recommended that the City
Council adopt an ordinance approving Zoning Ordinance Amendment No. 2005-
02, adopt a resolution approving Amendments to Conditional Use Permit No.
2003-37 as conditioned, and adopt a resolution approving Conditional Use
Permit No. 2005-19 as conditioned by a vote of 6: 0 (Leo absent). The
actions requested by the applicant were to modify existing conditions of
approval and the Specific Development No. 72 (SD-72) zoning district for
Original Mike's Restaurant and allow extended hours of operation, special
events in the parking lot, a cover charge for certain events, and
increase the number of allowable musicians at 100 South Main Street
(Exhibi t A). The Planning Commission recommended approval of all
recommendations with the exception of the deletion of proposed Police
Department Condition No. 24 (CUP 2003-37) that would have prohibited
reduced prices for drinks.
75A-1
ZOA No. 2005-02, Amendments to
CUP 2003-37, and CUP 2005-19
July 5, 2005
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
ay M. Trevino
Ex cutive Director
Panning & Building Agency
VF:rb
vf\reports\cup03-37, cupOS-19&zoaOS-2.cc
75A-2
REQUEST FOR
Planning Commission Action
i~~
~~~.
/' ,","ucatIon 1 ' -"
i~~
PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
JUNE 13, 2005
TITLE:
PUBLIC HEARING - ZONING ORDINANCE
AMENDMENT NO. 2005-02, MODIFICATIONS
TO CONDITIONAL USE PERMIT NO. 2003-37
AND CONDITIONAL USE PERMIT NO. 2005-19
FOR ORIGINAL MIKE'S RESTAURANT
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
Prepared by Vince Fregoso
~ i2vtj~ctor
r0~ t:!n~ fV'-
RECOMMENDED ACTION
Recommend that the City Council:
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-
02.
2. Adopt a resolution approving Amendments to Conditional Use Permit
No. 2003-37 as conditioned.
3. Adopt a resolution approving Conditional Use Permit No. 2005-19 as
conditioned.
DISCUSSION
Request of Applicant
Original Mike's restaurant is requesting approval to modify an existing
conditional use permit, obtain a new conditional use permit and amend the
specific development zoning for the site. The proposed changes include an
extension to the hours of operation, allowing special events in the
parking lot, requesting a cover charge to enter the premises, increasing
the allowed number of musicians and allowing exterior amplified music.
Property Description
The project site is a 1.7-acre parcel of land at 100 South Main Street.
The parcel encompasses a city block bounded by First Street to the north,
Walnut Street to the south, Main Street to the east and Sycamore Street to
the west. The site contains the 14,765 square foot United Automotive
building that is designated as a Contributive property on the Santa Ana
EXHIBIT A
75A-3
Zoning Ordinance Amendment No. 2005-02
Amendment to Conditional Use Permit No. 2003-37
Conditional Use Permit No. 2005-19
June 13, 2005
Page 2
Register of Historic Properties. Original Mike's occupies the first floor
of the building, with nine rental apartments located on the second floor.
A total of 157 parking stalls have been provided for the project.
The zoning designation for the site is Specific Development No. 72 (SD-
72), consistent with the General Plan land use designation of District
Center (DC). The site is surrounded by commercial uses to the north, east
and west, and commercial and residential to the south (Exhibits 1 and 2) .
Project Description
The applicant is proposing to modify the existing conditions of approval
as well as the SD-72 zoning designation for Original Mike's (Exhibits 3, 4
and 5). Specifically, the applicant is proposing to serve alcoholic
beverages until 2:00 a.m., allow exterior special events on the premises,
allow a cover charge to enter the premises, allow amplified music within
the outdoor patio area and extend the hours of operation for the outdoor
patio to 9:00 a.m. through 6:00 p.m. Monday through Friday and 9:00 a.m.
to 10: 00 p. m. Saturday and Sunday, allow more than a three-piece band
within the outdoor area, and allow seven musicians with amplified
instruments within the interior of the premises.
Analysis of the Issues
On April 25, 2005 the Planning Commission held a hearing on the request by
several restaurants in the downtown and Artists Village areas to amend
their entitlements. The request by these restaurants to extend the hours
for the sale and service of alcoholic beverages and to allow entertainment
is a result of the growth in commercial and housing developments in the
downtown area. From this growth, a dynamic living community has emerged
within the downtown and Artists Village areas and has resulted in a
lifestyle that has been proven successful throughout downtowns in the
Uni ted States. However, due to concerns with the proposal to allow
unlimited exterior special events and a cover charge at Original Mike's,
the Planning Commission continued the item to further analyze the
request by the applicant.
Original Mike's was granted several entitlements in 2004, including a zone
change to the Specific Development No. 72 (SD-72) zoning designation and a
condi tional use permit to sell alcohol wi thin a restaurant (Exhibit 6).
The restaurant, which includes a bar, interior dining area and outdoor
75A-4
Zoning Ordinance Amendment No. 2005-02
Amendment to Conditional Use Permit No. 2003-37
Conditional Use Permit No. 2005-19
June 13, 2005
Page 3
seating area, is requesting to amend several conditions of approval in an
effort to continue the active lifestyle of the downtown area. Listed on
the following pages are the specific requests by the applicant and the
recommendations by staff:
1. Change the operational standards of SD-72 and the conditional use
permit, which presently limits the closing hours to 12:00 a.m., so
that the restaurant's outdoor patio can remain open until 1:00 a.m.,
with the interior remaining open until 2:00 a.m., seven days a week.
The request to extend the hours of operation for the restaurant and
patio area, including the extension of alcoholic beverage sales,
service and consumption until 1: 00 a. m. in the outdoor patio and
2: 00 a. m. within the restaurant interior are consistent with the
policy direction of the Planning Commission from the April 25th
meeting.
2. Allow unlimited exterior special events on the premises.
Staff has concerns regarding unlimited outdoor activities on the
premises and their impact on the surrounding properties, including
allowing unlimited events on the premises, traffic, parking intrusion
on adj acent sites, noise and safety. To address these concerns,
operational standards are proposed for the SD document and additional
conditions of approval recommended for the conditional use permit.
If approved, the new provisions will address the concerns by
restricting the events to antique car shows, vintage car shows,
motorcycle shows and art exhibits. Further, the events will be
limited to no more than six days per month and may occur on Saturday,
Sunday and/or Monday holidays. The events must be within the parking
lot only, limited between the hours of 7:00 a.m. to 10:00 p.m., and
will require Police and Fire Department approval of each event. To
monitor these new measures, a special event application will need to
be submitted to the Police Department monthly, with additional
mitigation measures added on an as needed basis. Additionally, to
ensure the events do not operate as a swap meet, vendor booths are
not permitted.
75A-5
Zoning Ordinance Amendment No. 2005-02
Amendment to Conditional Use Permit No. 2003-37
Conditional Use Permit No. 2005-19
June 13, 2005
Page 4
3. Allow a cover charge to enter the premises.
The applicant is seeking approval of a new conditional use permit
to have the ability to collect a cover charge for special
entertainment events that are offered in conjunction with the
normal restaurant operation. The applicant has verified that it is
not his intention to change the nature of the establishment from a
restaurant to a nightclub, but that these special events will
enhance the current restaurant operation. All activities
associated with the cover charge event will take place within the
confines of the restaurant building and, thus conditions regulating
the restaurant use adequately address any additional operational
issues posed by the addition of the cover charge events. It should
be noted that stand-alone nightclubs are not allowed under the
standards contained in SD-72.
4. Revise the conditions related to outdoor entertainment by allowing
amplified music with extended hours of operation from 9: 00 a. m.
through 6: 00 p. m., Monday through Thursday, and from 9: 00 a. m. to
10:00 p.m. on Friday, Saturday and Sunday, and allow more than the
currently permitted three-piece band.
The request to allow amplified music in the outdoor patio area,
extend the hours of operation in the outdoor patio and allow more
than a three piece band in the patio will allow the applicant to
offer entertainment that will complement the atmosphere of the
restaurant. To address prior concerns raised by the surrounding
neighborhood, amplified music in the patio area is proposed to be
restricted to no later than 6:00 p.m. Monday through Thursday and to
10:00 p.m. on Friday, Saturday and Sunday. Additionally, approval
of this request will be consistent with the policy direction of the
Planning Commission from the April 25th meeting.
5. Allow seven musicians with amplified instruments within the interior
of the premises. The current condition allows a maximum of five
musicians.
The size of the facility is easily able to accommodate a musical act
larger than five pieces currently allowed by the conditional use permit.
Since the number of musicians wi thin the restaurant does not generate
75A-6
Zoning Ordinance Amendment No. 2005-02
Amendment to Conditional Use Permit No. 2003-37
Conditional Use Permit No. 2005-19
June 13, 2005
Page 5
any adverse impacts on the surrounding properties, staff recommends that
the request to increase the number of musicians or instruments allowed
on the premises be approved.
In June 2005,
inspection of
conditions of
violations of
found.
Planning Division and Police Department staff conducted an
the site for violations to the zoning code and the
approval for the proj ect. During this inspection, no
the conditions of approval or zoning code violations were
Original Mike's is located in an active, vibrant urban environment. As
is the case in other communi ties where residential proj ects develop in
urban areas, the new residents often desire activity centers that are
open during later hours. The proposed amendments and additional
conditions of approval will allow the restaurant to operate in a similar
manner as other restaurants in the downtown area. The project, with the
additional conditions of approval, will help maintain the active
environment found in the Artists Village. As a result, staff recommends
that the Planning Commission approve Amendment to Conditional Use Permit
No. 2003-37 as conditioned, Conditional Use Permit No. 2005-19 as
conditioned and Zoning Ordinance Amendment No. 2005-02 (Exhibits 7, 8, 9
and 10) .
CEQA Compliance
In accordance with the California Environmental Quality Act, the
proposed proj ect is Categorically Exempt. No further environmental
review is needed. Environmental Review No. 05-66 will be filed for this
project.
VinceV ~so,
Senior Planner
~...
AICP
.//
VF:JM
vf\reports\cup03-37&zoaOS-2.pC
75A-7
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GENERAL AGRICULTURAL
PARKING MODIFICATION
COMMERCIAL SOUTH MAIN
COMMUNITY COMMERCIAL
COMM_ COMMERCIAUMUSEUM DISTRICT
GENERAL COMMERCIAL
CENTRAL BUSINESS
CENTRAL BUSINESS-ARTIST VILLAGE
PLANNED SHOPPING CENTER
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R1
R2
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SINGLE FAMILY RESIDENTIAL
TWO FAMILY RESIDENCE
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SPECIFIC DEVELOPMENT
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CUP 03-37/CUP 05-19/Z0A 05-2
ORIGINAL MIKElS RESTAURANT
100 SOUTH MAIN STREET
A
rPI'
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1 . = 1000 FEET
P LAN N
N G
AND BUILD
EXHIBIT 1
75A-8
N G
AGE N C Y
COMM R C I A L
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ORIGINAL MIKElS RESTAURANT
100 SOUTH MAIN STREET
A
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PLANNING
AND
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AGE N C Y
EXHIBIT 2
75A-9
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EXHIBIT 3
75A-10
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SPECIFIC DEVELOPMENT NO. 72
(First and Main)
SECTION 1 APPLICABLITY OF ORDINANCE
The specific development zoning district for the subject
property 1 as authorized by Chapter 411 Division 261 Section
41-593 et seq'l of the Santa Ana Municipal Codel 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 1 articles 1 and sections of the Santa Ana Municipal
Code shall apply unless expressly waived or superseded by this
ordinance.
SECTION 2 PURPOSE
This Specific Development Plan No. 72 (SD 72) sets forth the
development and design criteria for the project known as the
Artist GatewaYI a mixed used development consisting of
approximately 1.7 acres. The purpose of this Specific
Development Plan is to permit maximum flexibility in site
planning and design to respond to market while assuring high
quality development and implementing the goals of the General
Plan.
SD 72 specifically will establish the following:
a. The authorized uses for the site;
b. Maximum authorized development densities;
c. Development and operational standards including:
l. Architectural Design
ll. Parking requirements
iii. Setback requirements
iv. Building height limits
v. Maximum site coverage
Vl. Landscaping and signage standards
Vll. Public and Private Open Space
viii.Enforcement policies
lX. Signage
SECTION 3 OBJECTIVES
The SD-72 use district is hereby established for the express
purpose of protecting the healthl safety 1 and general welfare
of the people of the City by promoting and enhancing the value
of properties and encouraging orderly development including:
7 ~iBl~
1 of 9
a. Flexibility of development in response to market
conditionsl while achieving overall City and community
goals.
b. Creation of live/work opportunities and moderately priced
new housing that encourage the arts and freelance market.
c. Capitalize on the Historic Downtown revitalizationl the
Artist Village, and the live/work loft proj ects in the
immediate area to allow an opportunity for additional
live/work possibilities.
d. A visually harmonious development as viewed both
internally and externally.
e. A circulation system that is responsive to the needs of
both vehicular and pedestrian travel.
f. Landscaping that is appropriate to the level of
development and sensitive to the surrounding community.
g. Create an enhanced access to downtown that promotes a
walkable community, which will assist in the
revitalization the local area.
SECTION 4 LOCATION
The Specific Development Plan No. 72 includes 1.7 acres and is
located at the southwest corner of First and Main Streets,
bordered by Walnut and Sycamore Streets. The historic United
Automotive building occupies the northeast corner of the
project site. On-site parking is provided on the remainder of
the project site.
Santa Ana's historic Downtown is located immediately to the
north of this development area. The Downtown area is a
harmonious blend of historic buildings, the emerging Artist
Village, as well as live/work possibilities and a culturally
enriched retail market. This intersection also is recognized
as a gateway that leads directly into the Downtown and civic
center area.
SECTION 5 USES PERMITTED
a. Retail and service uses, excluding bail bonds.
b. Commercially operated professional studios
c. The following creative arts uses:
i. Fine arts studios and/or galleries
ll. Fiber arts studios and/or galleries
iii. Printing, lithography and calligraphy facilities
lV. Photography studios
75A-14
2 of 9
d. Restaurants, cafes, and eating establishments, other than
those specified in Section 6, excluding eating
establishments with drive-thru window service, adult
entertainment businesses as defined in SAMC section 41-
1701.6, night clubs as defined in Chapter 11 and heavier
commercial uses such as auto sales or repair, rental
yards and hospitals shall be prohibited in the SD.
e. Ancillary banquet facilities, subject to development and
operational standards set forth in section 41-199.1.
f. Cyber cafes as defined in Santa Ana Municipal Code (SAMC)
41-45, as an ancillary use to a restaurant, provided they
are carried on in accordance with sections 41-198.200 of
the SAMC as it may be amended from time to time, and
provided a ministerial land use certificate is first
obtained in accordance with sections 41-675 through 41-
677 of the SAMC. Wi th the except ion of Sect ion 41-
198.200 (d), which states "No persons shall be permitted
to consume alcohol on the premises" shall not be applied
to Land Use Certificates issued for properties within the
Specific Development No. 72.
SECTION 6 CONDITIONALLY PERMITTED USES
a. Fourteen (14) Live/work units.
b. Nine (9) housing units.
c. Ceramic and pottery studios.
d. Glass blowing and sculpturing studios
e. On-site alcohol beverages control license as an ancillary
f. use, in conjunction with an eating establishment.
g. Banquet facilities, as a primary use, subject to
development and operational standards set forth in
section 41-199-.1.
h. Retail markets having less than twenty thousand (20,000)
square feet.
i. Indoor/Outdoor Entertainment as defined in Chapter 41 of
the SAMC.
SECTION 7 DEVELOPMENT STANDARDS
a. Standards for Commercial Development
i. Unless expressly waived or superseded by this
ordinance, all commercial development shall comply
with the provisions as outlined within Chapter 41,
Article 111, Division 13, C2 (General Commercial),
of the Santa Ana Municipal Code as it may be amended
from time to time.
75A-15
3 of 9
b. Standards for Live/Work Development
i. Building height in Specific Development 72.
No structure shall exceed forty- five (45) feet in
height.
ii. Yard requirements Specific Development 72.
1. A setback of not less than 15 feet shall be
required for any new commercial building.
2.
A setback of
any property
separate any
street.
not less than five
I ine to the extent
off-street parking
(5)
it
area
feet along
serves to
f rom the
iii. Development Density in Specific Development 72
1. The floor area ratio for commercial development
may not exceed 1.0.
Additional Development Standards
Development standards for SD 72 will be refined in conjunction
wi th the anticipated live/work proj ect through an amendment.
This will include architectural design, setbacks and side yard
requirements, building height limits, maximum site coverage,
private and public open space, guest and customer parking
requirements, landscaping standards, signage standards, and
public and private open space.
The restaurant must be maintained as a
establishment. An eating establishment
Alcoholic Beverage Control Board and the
must include the following items:
bona fide eating
as defined by the
Planning Commission
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
f. The restaurant shall provide a grease interceptor and
garbage disposal.
75A-16
4 of 9
Off-street parking for Specific Development No. 72
a. The minimum off-street parking requirements for
restaurants, cafes and other eating establishments are as
follows: ten (10) spaces for each one thousand (1,000)
square feet of gross floor area, including the open-air,
plaza dining area.
b. The minimum off - street parking requirements for retail
and service uses not otherwise specified in this division
are as follows: five (5) spaces for each one thousand
(1,000) square feet of gross floor area.
c.
Parking for the residential units shall
rate of one and a half (1.5) spaces per
per unit must be located in a garage.
parking at a rate of ten (10) percent of
of parking spaces shall be provided.
be provided at a
unit. One space
Accessible guest
the total number
d. Dedicated parking spaces shall be provided for the
existing rental housing component.
Landscape Requirements for Specific Development No. 72
a. A minimum five-foot landscaped front yard setback is
required within the parking areas along First Street,
Main Street, Walnut Street, and Sycamore Street.
b. The pedestrian plaza area should incorporate a double row
of trees or a specific pattern designed to lead
pedestrians through the plaza to the adjacent entrance of
the building.
c. Vehicular parking may not be located within any required
landscaped area.
d. A combination of trees and shrubs as identified in the
commercial landscape standards shall be used on all
street frontages. The on-site tree should be the same or
complement the designated street tree for that particular
street. Vines, such as Boston Ivy, shall be used on the
trash enclosure.
Public Art in Specific Development 72
The plaza/courtyard
encourage pedestrian
public art. If
plaza/courtyard area
area shall provide amenities that
use such as seating area and obj ects of
water features are included in the
or other landscaping areas, the water
75A-17
5 of 9
feature shall use non-potable or recycled
specialized equipment to conserve water.
provided shall be reviewed and approved by
Division as part of the site plan review process.
"gray
The
the
water" and
amenities
Planning
Pedestrian Plazas and Walkways Specific Development 72
A pedestrian plaza is required in conjunction with the
restaurant. The plaza area shall be a minimum of 50 feet by
125 feet and abut on the west elevation of the United
Automotive Building. The plaza area shall be enhanced,
incorporating decorative paving and shall be enclosed with a
decorative wrought iron fence. The applicant will need to
execute a Right-of-Entry and License Agreement with the City
to develop the plaza area on this parcel.
Interior primary pedestrian walkways shall be a minimum of
eight feet wide and decorative in design. Walkways are those
that connect a pedestrian from the parking area to the front
entry. A four-foot handicap accessible walkway is to be
provided throughout the interior sidewalks and courtyard/plaza
areas.
The primary entrance door to the restaurant shall be located
at the north vestibule entry located on the west elevation to
the building restaurant. This entrance shall include an
interior sound curtain to mitigate interior restaurant ambient
noise levels to the exterior. All doors on the west elevation
shall remain closed during business hours.
Outdoor Special Event Requirements for Specific Development
No. 72
a. Outdoor special events shall be subject to the
requirements set forth herein. The Santa Ana Municipal
Code sections pertaining to land use certificates shall
not apply to this zoning designation.
b. Outdoor special events shall be limited to antique car
shows, vintage car shows, motorcycle shows and art
exhibits. Similar uses may be submitted to the Planning
Manager for review and approval.
c. Outdoor special events shall be limited to Saturday,
Sundays and Monday Holidays only. Monday holidays
include Martin Luther King Day, President's Day, Memorial
Day, Fourth of July, Labor Day, Veteran's Day and New
Year's Day.
75A-18
6 of 9
d. Hours of operation for outdoor special events shall be
limited to 7:00 a.m. and 10:00 p.m.
e.
Outdoor special events shall
six days per month and may
and/or Monday holidays.
be limited to no more than
occur on Saturday, Sunday
SECTION 8 OPERATIONAL STANDARDS
a. The existing United Automotive Building is listed in the
Santa Ana Register of Historical Property and has been
categorized as Contributive. Fa9ade changes or
modifications to structures listed on the Santa Ana
Register of Historic Properties are subj ect to review by
the Historical Resources Commission. Any new construction
or modification, or building relocation requires City
review and building permits.
b. Reot~ur~nt oper~tiono oh~ll be clooed ~t 2 a.m. 12:00 ~.m.
midnight to ~ll p~trono ~nd ~11O'v; for reot~ur~nt ot~ff to
conduct the neceoo~ry clooing procedureo including cle~n up
until 1: 00 ~. m. There oh~ll be no buoineoo oper~tiono
bet~een 2 1:00 ~.m. ~nd 5:00 ~.m.
c. The operation of any restaurant shall be permitted between
the hours of 7:00 a.m. and ~2:00 a.m., seven days a week.
The reot~ur~nt oh~ll be clooed ~t 12: 00 ~. ffi. midnight to
~ll p~trono ~nd ~lloT.; for reot~ur~nt ot~ff to conduct the
neceoo~ry clooing procedureo including cle~n up until 1:00
tt-;--ffi-;- Additionally, there shall be no business operations
between 2 ~:OO a.m. and 5:00 a.m.
d. Indoor live entertainment shall be limited to a maximum of
seven ~ musicians with amplified instruments and shall
not exceed the noise standards set forth in SAMC 18-308
through 18-321.
e. The doors on the west side of the facility will be required
to remain shut at all times except for ingress/egress
purposes. Outdoor live entertainment shall be allowed
Monday through Thursday from 9: 00 a. m. to 6: 00 p. m. and
~ on Friday, Saturday and Sunday from 2 ~:oo a.m. to 10
5:00 p.m., shall be limited to a maximum of five three
musicians with flefl-amplified instruments, including no
brass or percussion, and shall not exceed the noise
standards set forth in SAMC 18-308 through 18-321. The
musicians shall be located on the south portion of the
pedestrian plaza area only.
75A-19
7 of 9
f. Any public dance hall, dance place or public dancing place
as defined in Chapter 11 of the SAMC will be subject to
Police Department approval and be subject to all standards
set forth in Chapter 11 of the SAMC.
g. All banquet uses must conform to the operational standards
set forth in Section 41-199.1 of the SAMC, including
ancillary banquet uses intermittently associated with full
service sit-down restaurants.
h. The new infill residential component is permitted only in
combination with individual studios in a manner that
provides an integrated working and living environment.
l. All live/work units shall be at least one thousand (1000)
square feet in size.
j. The residential component of a live/work unit shall meet
the following standards:
i. It shall have a space of at least five hundred (500)
square feet of residential living area.
ii. It shall have access to separate bathroom
facilities, including a water closet, a wash basin,
and a bathtub or shower.
iii. It shall have separate kitchen facilities including
a kitchen sink, cooking appliances and refrigerator.
All such facilities shall have a clear working space
of at least thirty (30) inches in front.
iv.
It shall comply
as modified by
Municipal Code.
with all
section
Housing Code requirements
8-2700 of the Santa Ana
v. Each individual unit shall accommodate facilities
for a washer and dryer.
k. The existing rental housing component shall meet the
following standards:
i. It shall have a space of at least three hundred and
eighty-two (382) square feet.
ll. It shall have access to separate bathroom facilities,
including a water closet, a wash basin, and a bathtub
or shower.
75A-20
8 of 9
iii. It shall have separate kitchen facilities including a
kitchen sink, cooking appliances and refrigerator.
All such facilities shall have a clear working space
of at least thirty (30) inches in front.
lV. It shall comply with all Housing Code requirements as
modified by section 8-2700 of the Santa Ana Municipal
Code.
SECTION 9 SIGNAGE STANDARDS
All signage shall comply with the provisions as outlined
within Chapter 41, Article XI, "On-Premise Signs" of the Santa
Ana Municipal Code as it may be amended from time to time.
A planned sign program, pursuant to Sections 41-880 through
41-884 of the Santa Ana Municipal Code, shall be required for
all buildings to ensure sign compatibility
SECTION 10PLANNING COMMISSION AND CITY COUNCIL APPROVALS
This is a key area for future development and this project
will set the example for all subsequent residential
development in the area. To ensure the quality of the design
and the architectural style, as well as the layout of the
units, any new development project will require Planning
Commission and City Council approvals.
75A-21
9 of 9
Amendment to Conditional Use Permit No. 2003-37
June 13, 2005
Page 1 of 2
Findings of Fact
A.
Will the proposed
contribute to the
community?
use provide a
general well
service
being
or
of
facility, which will
the neighborhood or
The restaurant is providing a service and is benefiting the
community by providing an eating establishment in the downtown
area. Conditions have been placed on the restaurant that will
mitigate any potential impacts created by the use and ensure
that the use will not negatively affect the surrounding
community.
B. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
The restaurant will not be detrimental to persons residing or
working in the area because the use, as conditioned, will not
create any negative or adverse impacts. The extended hours of
operation will be mitigated through the existing conditions of
approval that have been adopted for the project.
C. will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The 1.7-acre site has been operating as a restaurant for
approximately seven months. The expanded hours of operation,
outdoor special events and additional band members within the
restaurant will increase the patronage to the restaurant,
thereby enhancing the profitability of the business and
identifying the use and site as economically stable and viable
for the surrounding properties in the area.
D. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance with
all applicable regulations and conditions imposed by Chapter 41
of the Santa Ana Municipal Code.
EXHIBIT 7
75A-22
Amendment to Conditional Use Permit No. 2003-37
June 13, 2005
Page 2 of 2
E. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The restaurant will not adversely affect the General Plan.
Restaurants and ancillary uses such as the number of allowable
musicians within the premises are permitted within the
Specific Development No. 72 (SD-72) zoning district and the
District Center (DC) General Plan designation. Additionally,
the use as conditioned is in compliance with the regulations
identified in the zoning code.
75A-23
JUNE 13, 2005
PAGE 1 OF5
Conditions for Approval
Should the modifications to Conditional Use Permit No. 2003-37 be
approved, the project shall comply with all applicable sections of the
Santa Ana Municipal Code, the California Administrative Code, the Uniform
Fire Code, the Uniform Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this conditional use
permit.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in the revocation of the conditional
use permit.
A. Planning Division
1. Any amendment to this conditional use permit must be submitted
to the Planning Division and Police Department for review.
2.
The restaurant must be maintained as a
establishment. An eating establishment
Alcoholic Beverage Control Board and the
must include the following items:
bona fide eating
as defined by the
Planning Commission
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
3. The alcoholic beverage storage and display area may not exceed
five percent of the restaurant's gross floor area.
4. The restaurant shall provide a grease interceptor and garbage
disposal.
5. The project shall remain in compliance with Site Plan Review
(DP No. 03-18).
6 .
Thio condition~l uoe permit
l',mendment l',pplic~tion No. 2003
~nd Condition~l Uoe Perffiit No.
~ill not be in ~ffect
09, Specific Development
2003 31 ~re ~pproved.
until
No. 72
75A~24
JUNE 13, 2005
PAGE20F5
B. Police Department
1.
There shall
maintained
consumption
be no fixed bar or lounge area upon the premises
for the sole purpose of sales, service or
of alcoholic beverages directly to patrons.
2.
Full menus shall be available at the counter/bar and
service must be available during all operational hours.
food
3.
At all times, when the premises is open for business, the
of alcoholic beverages shall be made only in conjunction
the sale of food to the person ordering the food.
sale
with
4. The sale of alcoholic beverages for consumption off the
premises is strictly prohibited.
5. There shall be no exterior advertising of any kind or type,
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic
beverages.
6. It shall be the applicant (s) responsibility to ensure that no
alcoholic beverages are consumed on any property adj acent to
the licensed premises, with the exception of the pedestrian
plaza as indicated in Condition No. 21, under the control of
the applicant(s).
7. The applicant(s) shall be responsible for maintaining free of
litter the area adjacent to the premises under the control of
the licensee.
8.
There shall be
the premises.
allow outgoing
the exterior of
be designed to
no public telephones located on
All interior pay phones must
calls only.
9.
The petitioner(s) shall be
premises free of graffiti.
within 24 hours of occurrence.
maintaining the
must be removed
responsible for
All graffiti
10. There shall be no pool tables, coin-operated games, or video
machines maintained upon the premises at any time.
11. The quarterly gross sales of alcoholic beverages shall not
exceed the gross sales of food during the same period.
75A-25
JUNE 13, 2005
PAGE 3 OF 5
12.
The premises shall
establishment and
assortment of foods
be maintained
shall provide
normally offered
as a bona fide eating
a menu containing an
in restaurants.
13. The sales, service, and consumption of alcoholic beverages
within the restaurant shall be permitted only between the
hours of 10:00 a.m. and 2:00 a.m. The sales, service and
consumption of alcoholic beverages on the patio area after
1:00 a.m. are strictly prohibited.
14.
This land use authorization is only
on-sale general, public eating-place
license use at this location will
clearance.
applicable
only. Any
require a
to a type 47
other type of
new land use
15. This conditional use permit shall be reviewed by the Police
Department after 90 days, six months and one year, and
annually thereafter for modifications or violations of any of
the conditions.
16. Prior to issuance of Letter of Approval to the Alcohol
Beverage Control Board all conditions must be complied with.
17. The vestibule entry to the building shall be the primary
entrance to the restaurant. This entrance shall include an
interior sound curtain to mitigate interior restaurant ambient
noise levels to the exterior.
18. The side door (s) on the west side of the building shall be
kept closed at all times during the operation of the premises
except in cases of emergency, normal entering and exiting of
patrons and to permit deliveries.
19. Petitioner will install a silent armed robbery alarm.
20. The petitioner(s) shall place a placard prohibiting loitering,
pursuant to California Penal Code (CPC) Section 602, on the
exterior of the premises. It shall be the petitioner(s)
responsibility to ensure that CPC Section 602 is complied with
at all times that the premises are in operation.
21.
Should the pedestrian plaza be
site plan shall be submitted
approval indicating the service
used for serving purposes, a
to the City for review and
area be limited to 24 seats,
75A-26
-
JUNE 13, 2005
PAGE40F5
SlX tables, and four chairs per table (24 patrons) in the
designated 50 - foot by 125 - foot plaza area. The pedestrian
plaza shall be enclosed with a minimum 36 - inch high, wrought
iron fence that will include an existing wall on the side of
the plaza. The fence enclosure shall include a gate that will
meet uniform building egress/ingress codes with a minimum
setback from public right-of-way of five feet.
22. The applicant shall be responsible for providing the Chief of
Police or his designate a monthly schedule of all events,
event hours of operation, promoters of the event, prior
locations where the promoter has conducted business and prior
locations where the events have occurred. This schedule shall
also include, but not be limited to, the number of security
guards assigned, the anticipated attendance and the name and
emergency number of the responsible party. All events shall
be subject to prior Police Department approval.
23. Amplified music in the patio area is prohibited after 6:00 p.m.
Monday through Thursday and 10:00 p.m. on Friday, Saturday and
Sunday.
24. There shall be no promotions offering reduced prices for
alcoholic beverages.
25. At all times that dancing or entertainment is being conducted,
the applicant must provide a minimum of one uniformed State
licensed security guard for every 100 persons in attendance
per event.
26. There shall be an additional guard assigned to the parking lot
who will be responsible for ensuring the safety of patrons who
utilize that lot.
27. Guards shall remain on the premises until all activity has
ceased and all patrons have cleared the parking area.
28. The Chief of Police, or his designate, shall first approve
every security guard employed by the applicant. If there is a
marked or noticeable increase in the number of police-related
incidents on or near the premises, as such increase may be
determined by the Chief of Police, the permittee shall
increase the number of uniformed, licensed security guards to
a total number of guards as determined by the Chief of Police.
75A-27
JUNE 13, 2005
PAGE50F5
29.
All outdoor special events shall require Police Department
Fire Department formal review and approval to insure
traffic, noise and safety concerns are properly mitigated.
and
all
30. All outdoor special events require the submittal of an
application in writing to the Police Department IS Crime
Prevention Unit by each individual promoter once a month and
at least ten working days prior to the first day of the month
for which the events will occur. The application shall include
the following information: an on-site contact person and cell
phone number, the type of event, a site plan, the expected
attendance, the type of entertainment provided, and any other
information needed by the Police Department.
31. For all outdoor special events, the Police Department shall
add appropriate mitigation measures, which may include the
assignment of Police Officers and or a specified minimum
number of State licensed uniformed security guards if
determined to be necessary by the Chief of Police or his
designate, at the applicant I s expense. If guards are
required, they will be in addition to any other security guard
requirements mandated under the Specific Development.
32. For all outdoor special events, the promoter shall direct
patrons to off-site parking areas in all of their printed
media, including but not limited to tickets, flyers and
newspaper advertisements relating to the event.
33. For all outdoor special events, there shall be no exterior
sales, service and consumption of alcoholic beverages in the
parking lot areas.
34. For all outdoor special events, vendor booths shall be
prohibited. In addition, there shall be no product sales of
any kind associated with the special events, nor shall the
applicant rent out any portion of the parking lot for these
events.
75A-28
Conditional Use Permit No. 2005-19
June 13, 2005
Page 1 of 2
Findings of Fact
A.
Will the proposed
contribute to the
community?
use provide a
general well
service
being
or
of
facility, which will
the neighborhood or
The restaurant is providing a service and is benefiting the
community by providing an eating establishment with indoor
entertainment in the downtown area. Conditions have been placed
on the restaurant that will mitigate any potential impacts
created by the indoor entertainment use and ensure that the use
will not negatively affect the surrounding community.
B. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
The restaurant will not be detrimental to persons residing or
working in the area because the use, as conditioned, will not
create any negati ve or adverse impacts. The indoor
entertainment use will be mitigated through the existing and
additional conditions of approval that have been adopted for the
project.
C. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The 1.7-acre site has been operating as a restaurant for
approximately seven months. The cover charge, in conj unction
with allowing additional band members within the restaurant,
will increase the patronage to the restaurant, thereby enhancing
the profitability of the business and identifying the use and
site as economically stable and viable for the surrounding
properties in the area.
D. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance with
all applicable regulations and conditions imposed by Chapter 41
of the Santa Ana Municipal Code and Specific Development No. 72
(SD-72) .
'~J{!29
Conditional Use Permit No. 2005-19
June 13, 2005
Page 2 of 2
E. Will the proposed use adversely affect the General plan or any
specific plan of the City?
The restaurant will not adversely affect the General Plan.
Restaurants and ancillary uses such as cover charges to enter
the premises are permitted within the Specific Development No.
72 (SD-72) zoning district and the District Center (DC)
General Plan designation with a conditional use permit.
Additionally, the use as conditioned is in compliance with the
regulations identified in the zoning code.
75A-30
JUNE 13, 2005
PAGE 1 OF4
Conditions for Approval
Should the Conditional Use Permit No. 2005-19 be approved, the project
shall comply with all applicable sections of the Santa Ana Municipal Code,
the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this conditional use
permit.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in the revocation of the conditional
use permit.
A. Planning Division
1. Any amendment to this conditional use permit must be submitted
to the Planning Division and Police Department for review.
2.
The restaurant must be maintained as a
establishment. An eating establishment
Alcoholic Beverage Control Board and the
must include the following items:
bona fide eating
as defined by the
Planning Commission
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
3. The alcoholic beverage storage and display area may not exceed
five percent of the restaurant's gross floor area.
4. The restaurant shall provide a grease interceptor and garbage
disposal.
5. The proj ect shall remain in compliance with Site Plan Review
(DP No. 03-18).
EXHIBIT 10
75A-31
JUNE 13, 2005
PAGE 2 OF4
B. Police Department
1.
There shall
maintained
consumption
be no fixed bar or lounge area upon the premises
for the sole purpose of sales, service or
of alcoholic beverages directly to patrons.
2. At all times, when the premises is open for business, the sale
of alcoholic beverages shall be made only in conjunction with
the sale of food to the person ordering the food.
3. The sale of alcoholic beverages for consumption off the
premises is strictly prohibited.
4. It shall be the applicant(s) responsibility to ensure that no
alcoholic beverages are consumed on any property adj acent to
the licensed premises, with the exception of the pedestrian
plaza as indicated in Condition No. 23, under the control of
the applicant(s).
5. The applicant(s) shall be responsible for maintaining free of
litter the area adjacent to the premises under the control of
the licensee.
6.
There shall be
the premises.
allow outgoing
no public telephones located on
All interior pay phones must
calls only.
the exterior of
be designed to
7.
The petitioner(s) shall be
premises free of graffiti.
within 24 hours of occurrence.
responsible for
All graffiti
maintaining the
must be removed
8. There shall be no pool tables, coin-operated games, or video
machines maintained upon the premises at any time.
9.
This land use authorization is only
on-sale general, public eating-place
license use at this location will
clearance.
applicable
only. Any
require a
to a type 47
other type of
new land use
10. This conditional use permit shall be reviewed by the Police
Department after 90 days, six months and one year, and
annually thereafter for modifications or violations of any of
the conditions.
75A-32
JUNE 13, 2005
PAGE30F4
11. The vestibule entry to the building shall be the primary
entrance to the restaurant. This entrance shall include an
interior sound curtain to mitigate interior restaurant ambient
noise levels to the exterior.
12. The side door (s) on the west side of the building shall be
kept closed at all times during the operation of the premises
except in cases of emergency, normal entering and exiting of
patrons and to permit deliveries.
13. The petitioner(s) shall place a placard prohibiting loitering,
pursuant to California Penal Code (CPC) Section 602, on the
exterior of the premises. It shall be the petitioner(s)
responsibility to ensure that CPC Section 602 is complied with
at all times that the premises are in operation.
14. The applicant shall be responsible for providing the Chief of
Pol ice or his designate a monthly schedule of all events,
event hours of operation, promoters of the event, prior
locations where the promoter has conducted business and prior
locations where the events have occurred. This schedule shall
also include, but not be limited to, the number of security
guards assigned, the anticipated attendance and the name and
emergency number of the responsible party. All events shall
be subject to prior Police Department approval.
15. Amplified music in the patio area is prohibited after 6:00 p.m.
Monday through Friday and 10:00 p.m. on Saturday and Sunday.
16. At all times that dancing or entertainment is being conducted,
the applicant must provide a minimum of one uniformed State
licensed security guard for every 100 persons in attendance
per event.
17. There shall be an additional guard assigned to the parking lot
who will be responsible for ensuring the safety of patrons who
utilize that lot.
18. Guards shall remain on the premises until all activity has
ceased and all patrons have cleared the parking area.
75A-33
JUNE 13, 2005
PAGE40F4
19. The Chief of Police, or his designate, shall first approve
every security guard employed by the applicant. If there is a
marked or noticeable increase in the number of police-related
incidents on or near the premises, as such increase may be
determined by the Chief of Police, the permittee shall
increase the number of uniformed, licensed security guards to
a total number of guards as determined by the Chief of Police.
75A-34
ORDINANCE NO. NS-2692
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 72
(SD-72) TO AllOW OUTDOOR SPECIAL EVENTS, TO
AMEND RESTAURANT HOURS OF OPERATION, TO
INCREASE THE NUMBER OF MUSICIANS, AND TO
AMEND THE OUTDOOR LIVE ENTERTAINMENT HOURS
OF OPERATION
THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOllOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The applicant is requesting an amendment to Specific Development No. 72
(SD-72), an amendment of Conditional Use Permit No. 2003-37 for a Type
47 Alcoholic Beverage Control license, and the adoption of Conditional Use
Permit No. 2005-19 at Original Mike's Restaurant located at 100 South Main
Street. Applicant is proposing to:
1. To serve alcoholic beverages until 2:00 a.m.
2. To allow exterior special events on the premises
3. To allow a cover charge to enter the premises
4. To allow amplified music within the outdoor patio area.
5. Extend the hours of operation for the outdoor patio to 9:00 a.m.
through 6:00 a.m. Monday through Thursday and 9:00 a.m. to 10:00
p.m. on Friday, Saturday and Sunday.
6. To allow more than a three piece band within the outdoor area.
7. To allow seven musicians with amplified instruments within the
interior of the premises.
B. Amendment Application No. 2005-02 has been filed with the City of Santa
Ana to change Specific Development No. 72 (SD-72) to allow outdoor
special events, to amend restaurant hours of operation to 7:00 a.m. and 2:00
a.m., to allow seven musicians, and to allow outdoor live entertainment
Monday through Thursday from 9:00 a.m. to 6:00 p.m. and Friday Saturday
and Sunday from 9:00 a.m. to 10:00 p.m.
C. Zoning Ordinance Amendment No. 2005-02 came before the Planning
75A-35
Commission of the City of Santa Ana for a public hearing on June 13, 2005.
The Planning Commission voted by a vote of 6:0 (Leo absent), to
recommend that the City Council adopt an ordinance approving Zoning
Ordinance Amendment No. 2005-02.
D. The Planning Commission determined that Amendment Application No.
2003-09 is consistent with the General Plan, including but not limited to its
goals and policies to:
1. Support live/work opportunities within specifically defined areas
(Policy 1.2).
2. Protect and enhance development sites and districts which are
unique community assets that enhance the quality of life (Goal 4.0).
3. Encourage development which is compatible with, and supportive of
surrounding land uses (Policy 5.5).
4. Promote development which has a net community benefit and
enhances the quality of life. (Policy 5.1).
B. The City Council, prior to taking action on this ordinance, held a duly noticed
public hearing on July 5, 2005. The City Council also adopts as findings all
facts presented in the Request for Council Action dated July 5, 2005
accompanying this matter.
C. For these reasons, and each of them, Amendment Application No. 2005-02
is hereby found and determined to be consistent with the General Plan of
the City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
Section 2. In accordance with the California Environmental Quality Act, the
proposed project is Categorically Exempt. No further environmental review is needed.
Environmental Review No. 2005-66 will be filed for this project.
Section 3. The amendments to Specific Development No. 72 (SD-72) as
attached to this Ordinance, is hereby approved and adopted.
Section 5. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this _ day of
,2005.
75A-36
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABST AI N: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2692 to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
75A-37
SPECIFIC DEVELOPMENT NO. 72
(First and Main)
SECTION 1 APPLlCABLlTY OF ORDINANCE
The specific development zoning district for the subject property, as
authorized by Chapter 41, Division 26, Section 41-593 et seq., of the
Santa Ana Municipal Code, is specifically subject to the standards and
regulations contained in this plan for the express purpose of establishing
land use regulations and standards. All other applicable chapters, articles,
and sections of the Santa Ana Municipal Code shall apply unless
expressly waived or superseded by this ordinance.
SECTION 2 PURPOSE
This Specific Development Plan No. 72 (SD 72) sets forth the
development and design criteria for the project known as the Artist
Gateway, a mixed used development consisting of approximately 1.7
acres. The purpose of this Specific Development Plan is to permit
maximum flexibility in site planning and design to respond to market while
assuring high quality development and implementing the goals of the
General Plan.
SD 72 specifically will establish the following:
a. The authorized uses for the site;
b. Maximum authorized development densities;
c. Development and operational standards including:
I. Architectural Design
ii. Parking requirements
iii. Setback requirements
IV. Building height limits
v. Maximum site coverage
VI. Landscaping and signage standards
vii. Public and Private Open Space
viii. Enforcement policies
ix. Signage
SECTION 3 OBJECTIVES
The SD-72 use district is hereby established for the express purpose of
protecting the health, safety, and general welfare of the people of the City
75A-38
by promoting and enhancing the value of properties and encouraging
orderly development including:
a. Flexibility of development in response to market conditions, while
achieving overall City and community goals.
b. Creation of live/work opportunities and moderately priced new
housing that encourage the arts and freelance market.
c. Capitalize on the Historic Downtown revitalization, the Artist Village,
and the live/work loft projects in the immediate area to allow an
opportunity for additional live/work possibilities.
d. A visually harmonious development as viewed both internally and
externally.
e. A circulation system that is responsive to the needs of both
vehicular and pedestrian travel.
f. Landscaping that is appropriate to the level of development and
sensitive to the surrounding community.
g. Create an enhanced access to downtown that promotes a walkable
community, which will assist in the revitalization the local area.
SECTION 4 LOCATION
The Specific Development Plan No. 72 includes 1.7 acres and is located
at the southwest corner of First and Main Streets, bordered by Walnut and
Sycamore Streets. The historic United Automotive building occupies the
northeast corner of the project site. On-site parking is provided on the
remainder of the project site.
Santa Ana's historic Downtown is located immediately to the north of this
development area. The Downtown area is a harmonious blend of historic
buildings, the emerging Artist Village, as well as live/work possibilities and
a culturally enriched retail market. This intersection also is recognized as
a gateway that leads directly into the Downtown and civic center area.
SECTION 5 USES PERMITTED
a. Retail and service uses, excluding bail bonds.
b. Commercially operated professional studios
c. The following creative arts uses:
i. Fine arts studios and/or galleries
ii. Fiber arts studios and/or galleries
iii. Printing, lithography and calligraphy facilities
iv. Photography studios
d. Restaurants, cafes, and eating establishments, other than those
specified in Section 6, excluding eating establishments with drive-
75A-39
thru window service, adult entertainment businesses as defined in
SAMC section 41-1701.6, night clubs as defined in Chapter 11 and
heavier commercial uses such as auto sales or repair, rental yards
and hospitals shall be prohibited in the SD.
e. Ancillary banquet facilities, subject to development and operational
standards set forth in section 41-199.1.
f. Cyber cafes as defined in Santa Ana Municipal Code (SAM C) 41-
45, as an ancillary use to a restaurant, provided they are carried on
in accordance with sections 41-198.200 of the SAMC as it may be
amended from time to time, and provided a ministerial land use
certificate is first obtained in accordance with sections 41-675
through 41-677 of the SAMC. With the exception of Section 41-
198.200 (d), which states "No persons shall be permitted to
consume alcohol on the premises" shall not be applied to Land Use
Certificates issued for properties within the Specific Development
No. 72.
SECTION 6 CONDITIONALLY PERMITTED USES
a. Fourteen (14) Live/work units.
b. Nine (9) housing units.
c. Ceramic and pottery studios.
d. Glass blowing and sculpturing studios
e. On-site alcohol beverages control license as an ancillary f. use, in
conjunction with an eating establishment.
g. Banquet facilities, as a primary use, subject to development and
operational standards set forth in section 41-199-.1 .
h. Retail markets having less than twenty thousand (20,000) square
feet.
I. Indoor/Outdoor Entertainment as defined in Chapter 41 of the
SAMC.
SECTION 7 DEVELOPMENT STANDARDS
a. Standards for Commercial Development
i. Unless expressly waived or superseded by this ordinance,
all commercial development shall comply with the provisions
as outlined within Chapter 41 , Article 111, Division 13, C2
(General Commercial), of the Santa Ana Municipal Code as
it may be amended from time to time.
75A-40
b. Standards for Live/Work Development
i. Building height in Specific Development 72.
No structure shall exceed forty- five (45) feet in height.
ii. Yard requirements Specific Development 72.
1. A setback of not less than 15 feet shall be required for
any new commercial building.
2. A setback of not less than five (5) feet along any
property line to the extent it serves to separate any off-
street parking area from the street.
iii. Development Density in Specific Development 72
1. The floor area ratio for commercial development may
not exceed 1.0.
Additional Development Standards
Development standards for SO 72 will be refined in conjunction with the
anticipated live/work project through an amendment. This will include
architectural design, setbacks and side yard requirements, building height
limits, maximum site coverage, private and public open space, guest and
customer parking requirements, landscaping standards, signage
standards, and public and private open space.
The restaurant must be maintained as a bona fide eating establishment.
An eating establishment as defined by the Alcoholic Beverage Control
Board and the Planning Commission must include the following items:
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
f. The restaurant shall provide a grease interceptor and
garbage disposal.
Off-street parking for Specific Development No. 72
a. The minimum off-street parking requirements for restaurants,
cafes and other eating establishments are as follows: ten
(10) spaces for each one thousand (1,000) square feet of
gross floor area, including the open-air, plaza dining area.
75A-41
b. The minimum off-street parking requirements for retail and
service uses not otherwise specified in this division are as
follows: five (5) spaces for each one thousand (1,000)
square feet of gross floor area.
c. Parking for the residential units shall be provided at a rate of
one and a half (1.5) spaces per unit. One space per unit
must be located in a garage. Accessible guest parking at a
rate of ten (10) percent of the total number of parking spaces
shall be provided.
d. Dedicated parking spaces shall be provided for the existing
rental housing component.
Landscape Requirements for Specific Development No. 72
a. A minimum five-foot landscaped front yard setback is
required within the parking areas along First Street, Main
Street, Walnut Street, and Sycamore Street.
b. The pedestrian plaza area should incorporate a double row
of trees or a specific pattern designed to lead pedestrians
through the plaza to the adjacent entrance of the building.
c. Vehicular parking may not be located within any required
landscaped area.
d. A combination of trees and shrubs as identified in the
commercial landscape standards shall be used on all street
frontages. The on-site tree should be the same or
complement the designated street tree for that particular
street. Vines, such as Boston Ivy, shall be used on the trash
enclosure.
Public Art in Specific Development 72
The plaza/courtyard area shall provide amenities that encourage
pedestrian use such as seating area and objects of public art. If water
features are included in the plaza/courtyard area or other landscaping
areas, the water feature shall use non-potable or recycled "gray water"
and specialized equipment to conserve water. The amenities provided
shall be reviewed and approved by the Planning Division as part of the
site plan review process.
Pedestrian Plazas and Walkways Specific Development 72
A pedestrian plaza is required in conjunction with the restaurant. The
plaza area shall be a minimum of 50 feet by 125 feet and abut on the west
75A-42
elevation of the United Automotive Building. The plaza area shall be
enhanced, incorporating decorative paving and shall be enclosed with a
decorative wrought iron fence. The applicant will need to execute a Right-
of-Entry and License Agreement with the City to develop the plaza area on
this parcel.
Interior primary pedestrian walkways shall be a minimum of eight feet wide
and decorative in design. Walkways are those that connect a pedestrian
from the parking area to the front entry. A four-foot handicap accessible
walkway is to be provided throughout the interior sidewalks and
courtyard/plaza areas.
The primary entrance door to the restaurant shall be located at the north
vestibule entry located on the west elevation to the building restaurant.
This entrance shall include an interior sound curtain to mitigate interior
restaurant ambient noise levels to the exterior. All doors on the west
elevation shall remain closed during business hours.
Outdoor Special Event ReQuirements for Specific Development No.
72
a. Outdoor special events shall be subiect to the requirements set
forth herein. The Santa Ana Municipal Code sections pertaininq to
land use certificates shall not apply to this zoninq desiqnation.
b. Outdoor special events shall be limited to antique car shows.
vintaqe car shows. motorcycle shows and art exhibits. Similar uses
may be submitted to the Planninq Manaqer for review and
approval.
c. Outdoor special events shall be limited to Saturday. Sundavs and
Monday Holidays only. Monday holidays include Martin Luther
Kinq Day. President's Day. Memorial Day, Fourth of July. Labor
Day. Veteran's Day and New Year's Day.
d. Hours of operation for outdoor special events shall be limited to
between the hours of 7:00 a.m. and 10:00 p.m.
e. Outdoor special events shall be limited to no more than six days
per month and may occur on Saturday. Sunday and/or Monday
holidays.
SECTION 8 OPERATIONAL STANDARDS
a. The existing United Automotive Building is listed in the Santa Ana
Register of Historical Property and has been categorized as
Contributive. Fac;ade changes or modifications to structures listed on
75A-43
the Santa Ana Register of Historic Properties are subject to review by
the Historical Resources Commission. Any new construction or
modification, or building relocation requires City review and building
permits.
b. Restaur~mt operations shall be closed at _ 12:00 a.m. midnight
to all patrons and allow for restaurant staff to conduct the necessary
closing procedures including clean up until 1 :00 a.m. There shall be
no business operations between 11 :00 a.m. and 5:00 a.m.
c. The operation of any restaurant shall be permitted between the hours
of 7:00 a.m. and ~2:00 a.m., seven days a week. The restaurant
shall be closed at 12:00 a.m. midnight to all patrons and allow for
restaurant staff to conduct the necessary closing procedures
including clean up until 1 :00 a.m. Additionally, there shall be no
business operations between ~ ~:oo a.m. and 5:00 a.m.
d. Indoor live entertainment shall be limited to a maximum of seven five
musicians with amplified instruments and shall not exceed the noise
standards set forth in SAMC 18-308 through 18-321.
e. The doors on the west side of the facility will be required to remain
shut at all times except for ingress/egress purposes. Outdoor live
entertainment shall be allowed Mondav throuqh Thursdav from 9:00
a.m. to 6:00 p.m. and affiy on Friday, Saturday and Sunday from ~
-W:OO a.m. to 10 a:OO p.m., shall be limited to a maximum of five
tRfee musicians with OOR-amplified instruments, including no brass or
percussion, and shall not exceed the noise standards set forth in
SAMC 18-308 through 18-321. The musicians shall be located on
the south portion of the pedestrian plaza area only.
f. Any public dance hall, dance place or public dancing place as defined
in Chapter 11 of the SAMC will be subject to Police Department
approval and be subject to all standards set forth in Chapter 11 of the
SAMC.
g. All banquet uses must conform to the operational standards set forth
in Section 41-199.1 of the SAMC, including ancillary banquet uses
intermittently associated with full service sit-down restaurants.
h. The new infill residential component is permitted only in combination
with individual studios in a manner that provides an integrated
working and living environment.
i. All live/work units shall be at least one thousand (1000) square feet in
size.
j. The residential component of a live/work unit shall meet the following
standards:
75A-44
i. It shall have a space of at least five hundred (500) square
feet of residential living area.
ii. It shall have access to separate bathroom facilities, including
a water closet, a wash basin, and a bathtub or shower.
iii. It shall have separate kitchen facilities including a kitchen
sink, cooking appliances and refrigerator. All such facilities
shall have a clear working space of at least thirty (30) inches
in front.
iv. It shall comply with all Housing Code requirements as
modified by section 8-2700 of the Santa Ana Municipal
Code.
v. Each individual unit shall accommodate facilities for a
washer and dryer.
k. The existing rental housing component shall meet the following
standards:
I. It shall have a space of at least three hundred and eighty-two
(382) square feet.
II. It shall have access to separate bathroom facilities, including
a water closet, a wash basin, and a bathtub or shower.
iii. It shall have separate kitchen facilities including a kitchen
sink, cooking appliances and refrigerator. All such facilities
shall have a clear working space of at least thirty (30) inches
in front.
IV. It shall comply with all Housing Code requirements as
modified by section 8-2700 of the Santa Ana Municipal Code.
SECTION 9 SIGNAGE STANDARDS
All signage shall comply with the provisions as outlined within Chapter 41,
Article XI, "On-Premise Signs" of the Santa Ana Municipal Code as it may
be amended from time to time.
A planned sign program, pursuant to Sections 41-880 through 41-884 of
the Santa Ana Municipal Code, shall be required for all buildings to ensure
sign compatibility
75A-45
SECTION 10 PLANNING COMMISSION AND CITY COUNCIL APPROVALS
This is a key area for future development and this project will set the
example for all subsequent residential development in the area. To
ensure the quality of the design and the architectural style, as well as the
layout of the units, any new development project will require Planning
Commission and City Council approvals.
75A-46
KG -06/28/05
RESOLUTION NO. 2005-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CONDITIONAL USE PERMIT NO.
2003-37 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR THE PROPERTY LOCATED AT
100 SOUTH MAIN STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The applicant is requesting an amendment to Specific Development No.
72 (SD-72), an amendment of Conditional Use Permit No. 2003-37 for a
Type 47 Alcoholic Beverage Control license, and the adoption of
Conditional Use Permit No. 2005-19 at Original Mike's Restaurant located
at 100 South Main Street. Applicant is proposing to:
1. To serve alcoholic beverages until 2:00 a.m.
2. To allow exterior special events on the premises
3. To allow a cover charge to enter the premises
4. To allow amplified music within the outdoor patio area.
5. Extend the hours of operation for the outdoor patio to 9:00 a.m.
through 6:00 a.m. Monday through Thursday and 9:00 a.m. to 10:00
p.m. on Friday, Saturday and Sunday.
6. To allow more than a three piece band within the outdoor area.
7. To allow seven musicians with amplified instruments within the
interior of the premises.
B. The amendment to Conditional Use Permit No. 2003-37 came before the
Planning Commission of the City of Santa Ana for a public hearing on
June 13, 2005. The Planning Commission voted by a vote of 6:0 (Leo
absent), to recommend that the City Council adopt a resolution approving
the amendment to Conditional Use Permit No. 2003-37.
C. Santa Ana Municipal Code Section 41-196 requires a conditional use
permit for the sale of alcoholic beverages for on-site consumption.
75A-47
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The restaurant is providing a service and is benefiting the
community by providing an eating establishment in the
downtown area. Conditions have been placed on the
restaurant that will mitigate any potential impacts created by
the use and ensure that the use will not negatively affect the
surrounding community.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The restaurant will not be detrimental to persons residing or
working in the area because the use, as conditioned, will not
create any negative or adverse impacts. The extended
hours of operation will be mitigated through the existing
conditions of approval that have been adopted for the
project.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The 1.7 -acre site has been operating as a restaurant for
approximately seven months. The expanded hours of
operation, outdoor special events and additional band
members within the restaurant will increase the patronage to
the restaurant, thereby enhancing the profitability of the
business and identifying the use and site as economically
stable and viable for the surrounding properties in the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed by
Chapter 41 of the Santa Ana Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The restaurant will not adversely affect the General Plan.
Restaurants and ancillary uses such as the number of
allowable musicians within the premises are permitted within
the Specific Development No. 72 (SD-72) zoning district anda
75A-48
the District Center (DC) General Plan designation.
Additionally, the use as conditioned is in compliance with the
regulations identified in the zoning code.
E. In accordance with the California Environmental Quality Act, the proposed
project is Categorically Exempt. No further environmental review is
needed. Environmental Review No. 2005-66 will be filed for this project.
Section 2. The City Council of the City of Santa Ana hereby, approves
amended Conditional Use Permit No. 2003-37 as conditioned in Exhibit "A" attached
hereto and incorporated herein. Amended Conditional Use Permit No. 2003-37 shall
become effective after the City Council of the City of Santa Ana approves and adopts
Ordinance No. NS-2692. Should the City Council fail to approve and adopt said
ordinance, the amended Conditional Use Permit No. 2003-37 shall be null and void and
shall have no further force and effect.
ADOPTED this _ day of July, 2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT:
Councilmembers
75A-49
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-070 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
75A-50
Conditions for Approval for Amended Conditional Use Permit No. 2003-37
Conditional Use Permit No. 2003-37 is hereby amended subject to compliance, to the
reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa
Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the
Uniform Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. PlanninQ Division
1 . Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review.
2. The restaurant must be maintained as a bona fide eating establishment.
An eating establishment as defined by the Alcoholic Beverage Control
Board and the Planning Commission must include the following items:
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
3. The alcoholic beverage storage and display area may not exceed five
percent of the restaurant's gross floor area.
4. The restaurant shall provide a grease interceptor and garbage disposal.
5. The project shall remain in compliance with Site Plan Review (DP No. 03-
18).
B. Police Department
1. There shall be no fixed bar or lounge area upon the premises maintained
for the sole purpose of sales, service or consumption of alcoholic
beverages directly to patrons.
2. Full menus shall be available at the counter/bar and food service must be
available during all operational hours.
Exhibit A
PC!Se 1 of 5
(5A-51
3. At all times, when the premises is open for business, the sale of alcoholic
beverages shall be made only in conjunction with the sale of food to the
person ordering the food.
4. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
5. There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages.
6. It shall be the applicant(s) responsibility to ensure that no alcoholic
beverages are consumed on any property adjacent to the licensed
premises, with the exception of the pedestrian plaza as indicated in
Condition No. 21, under the control of the applicant(s).
7. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
8. There shall be no public telephones located on the exterior of the
premises. All interior pay phones must be designed to allow outgoing
calls only.
9. The petitioner(s) shall be responsible for maintaining the premises free of
graffiti. All graffiti must be removed within 24 hours of occurrence.
10. There shall be no pool tables, coin-operated games, or video machines
maintained upon the premises at any time.
11. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period.
12. The premises shall be maintained as a bona fide eating establishment and
shall provide a menu containing an assortment of foods normally offered
in restaurants.
13. The sales, service, and consumption of alcoholic beverages within the
restaurant shall be permitted only between the hours of 10:00 a.m. and
2:00 a.m. The sales, service and consumption of alcoholic beverages on
the patio area after 1 :00 a.m. are strictly prohibited.
14. This land use authorization is only applicable to a type 47 on-sale general,
public eating-place only. Any other type of license use at this location will
require a new land use clearance.
75A-52
15. This conditional use permit shall be reviewed by the Police Department
after 90 days, six months and one year, and annually thereafter for
modifications or violations of any of the conditions.
16. Prior to issuance of Letter of Approval to the Alcohol Beverage Control
Board all conditions must be complied with.
17. The vestibule entry to the building shall be the primary entrance to the
restaurant. This entrance shall include an interior sound curtain to
mitigate interior restaurant ambient noise levels to the exterior.
18. The side door(s) on the west side of the building shall be kept closed at all
times during the operation of the premises except in cases of emergency,
normal entering and exiting of patrons and to permit deliveries.
19. Petitioner will install a silent armed robbery alarm.
20. The petitioner(s) shall place a placard prohibiting loitering, pursuant to
California Penal Code (CPC) Section 602, on the exterior of the premises.
It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is
complied with at all times that the premises are in operation.
21. Should the pedestrian plaza be used for serving purposes, a site plan
shall be submitted to the City for review and approval indicating the
service area be limited to 24 seats, six tables, and four chairs per table (24
patrons) in the designated 50-foot by 125-foot plaza area. The pedestrian
plaza shall be enclosed with a minimum 36-inch high, wrought iron fence
that will include an existing wall on the side of the plaza. The fence
enclosure shall include a gate that will meet uniform building
egress/ingress codes with a minimum setback from public right-of-way of
five feet.
22 . The applicant shall be responsible for providing the Chief of Police or his
designate a monthly schedule of all events, event hours of operation,
promoters of the event, prior locations where the promoter has conducted
business and prior locations where the events have occurred. This
schedule shall also include, but not be limited to, the number of security
guards assigned, the anticipated attendance and the name and
emergency number of the responsible party. All events shall be subject to
prior Police Department approval.
23. Amplified music in the patio area is prohibited after 6:00 p.m. Monday
through Thursday and 10:00 p.m. on Friday, Saturday and Sunday.
Exhibit A
pa75~~53
24. At all times that dancing or entertainment is being conducted, the
applicant must provide a minimum of one uniformed State licensed
security guard for every 100 persons in attendance per event.
25. There shall be an additional guard assigned to the parking lot who will be
responsible for ensuring the safety of patrons who utilize that lot.
26. Guards shall remain on the premises until all activity has ceased and all
patrons have cleared the parking area.
27. The Chief of Police, or his designate, shall first approve every security
guard employed by the applicant. If there is a marked or noticeable
increase in the number of police-related incidents on or near the premises,
as such increase may be determined by the Chief of Police, the permittee
shall increase the number of uniformed, licensed security guards to a total
number of guards as determined by the Chief of Police.
29. All outdoor special events shall require Police Department and Fire
Department formal review and approval to insure all traffic, noise and
safety concerns are properly mitigated.
30. All outdoor special events require the submittal of an application in writing
to the Police Department's Crime Prevention Unit by each individual
promoter once a month and at least ten working days prior to the first day
of the month for which the events will occur. The application shall include
the following information: an on-site contact person and cell phone
number, the type of event, a site plan, the expected attendance, the type
of entertainment provided, and any other information needed by the Police
Department.
31. For all outdoor special events, the Police Department shall add
appropriate mitigation measures, which may include the assignment of
Police Officers and or a specified minimum number of State licensed
uniformed security guards if determined to be necessary by the Chief of
Police or his designate, at the applicant's expense. If guards are required,
they will be in addition to any other security guard requirements mandated
under the Specific Development.
32. For all outdoor special events, the promoter shall direct patrons to off-site
parking areas in all of their printed media, including but not limited to
tickets, flyers and newspaper advertisements relating to the event.
33. For all outdoor special events, there shall be no exterior sales, service and
consumption of alcoholic beverages in the parking lot areas.
75A-54
34. For all outdoor special events, vendor booths shall be prohibited. In
addition, there shall be no product sales of any kind associated with the
special events, nor shall the applicant rent out any portion of the parking
lot for these events.
Exhibit A
paae 5 of 5
( 5A-55
KO - 6/28/05
RESOLUTION NO. 2005-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT
NO. 2005-19 AS CONDITIONED TO ALLOW A COVER
CHARGE FOR THE PROPERTY LOCATED AT 100
SOUTH MAIN STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
A. Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares The applicant is requesting an amendment to
Specific Development No. 72 (SD-72), an amendment of Conditional Use
Permit No. 2003-37 for a Type 47 Alcoholic Beverage Control license, and
the adoption of Conditional Use Permit No. 2005-19 at Original Mike's
Restaurant located at 100 South Main Street. Applicant is proposing to:
1. To serve alcoholic beverages until 2:00 a.m.
2. To allow exterior special events on the premises
3. To allow a cover charge to enter the premises
4. To allow amplified music within the outdoor patio area.
5. Extend the hours of operation for the outdoor patio to 9:00 a.m.
through 6:00 a.m. Monday through Thursday and 9:00 a.m. to 10:00
p.m. on Friday, Saturday and Sunday.
6. To allow more than a three piece band within the outdoor area.
7. To allow seven musicians with amplified instruments within the
interior of the premises.
B. Conditional Use Permit No. 2005-19 came before the Planning
Commission of the City of Santa Ana for a public hearing on June 13,
2005. The Planning Commission voted by a vote of 6:0 (Leo absent), to
recommend that the City Council adopt a resolution approving Conditional
Use Permit No. 2005-19.
C. SD-72 requires a conditional use permit for Indoor/Outdoor Entertainment.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
75A-56
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The restaurant is providing a service and is benefiting the
community by providing an eating establishment with indoor
entertainment in the downtown area. Conditions have been
placed on the restaurant that will mitigate any potential
impacts created by the indoor entertainment use and ensure
that the use will not negatively affect the surrounding
community.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The restaurant will not be detrimental to persons residing or
working in the area because the use, as conditioned, will not
create any negative or adverse impacts. The indoor
entertainment use will be mitigated through the existing and
additional conditions of approval that have been adopted for
the project.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The 1.7-acre site has been operating as a restaurant for
approximately seven months. The cover charge, in
conjunction with allowing additional band members within
the restaurant, will increase the patronage to the restaurant,
thereby enhancing the profitability of the business and
identifying the use and site as economically stable and
viable for the surrounding properties in the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed by
Chapter 41 of the Santa Ana Municipal Code and Specific
Development No. 72 (SD-72).
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The restaurant will not adversely affect the General Plan.
Restaurants and ancillary uses such as cover charges to
enter the premises are permitted within the Specific
Development No. 72 (SD-72) zoning district and the District
Center (DC) General Plan designation with a conditional use
2
75A-57
permit. Additionally, the use as conditioned is in compliance
with the regulations identified in the zoning code.
E. In accordance with the California Environmental Quality Act, the proposed
project is Categorically Exempt. No further environmental review is
needed. Environmental Review No. 2005-66 will be filed for this project.
Section 2. Based upon the evidence submitted at the abovesaid hearing which
includes but not is not limited to: the Staff report and exhibits attached thereto; and the
public testimony; all of which are incorporated herein by this reference, the City Council
of the City of Santa Ana hereby approves Conditional Use Permit No. 2005-19 as
conditioned in Exhibit "A" attached hereto and incorporated herein. Conditional Use
Permit No. 2005-19 shall become effective after the City Council of the City of Santa Ana
approves and adopts Ordinance No. NS-2692. Should the City Council fail to approve
and adopt said ordinance, Conditional Use Permit No. 2005-19 shall be null and void and
shall have no further force and effect.
ADOPTED this _ day of July, 2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT:
Council members
75A-58
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-071 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
4
75A-59
Conditions for Approval for Conditional Use Permit No. 2005-19
Conditional Use Permit No. 2005-19 is approved subject to compliance, to the
reasonable satisfaction of the Planning Manager, with all applicable sections of the
Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code,
the Uniform Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. PlanninQ Division
1. Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review.
2. The restaurant must be maintained as a bona fide eating establishment.
An eating establishment as defined by the Alcoholic Beverage Control
Board and the Planning Commission must include the following items:
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
3. The alcoholic beverage storage and display area may not exceed five
percent of the restaurant's gross floor area.
4. The restaurant shall provide a grease interceptor and garbage disposal.
5. The project shall remain in compliance with Site Plan Review (DP No. 03-
18).
B. Police Department
1. There shall be no fixed bar or lounge area upon the premises maintained
for the sole purpose of sales, service or consumption of alcoholic
beverages directly to patrons.
pi51~o
2. At all times, when the premises is open for business, the sale of alcoholic
beverages shall be made only in conjunction with the sale of food to the
person ordering the food.
3. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
4. It shall be the applicant(s) responsibility to ensure that no alcoholic
beverages are consumed on any property adjacent to the licensed
premises, with the exception of the pedestrian plaza, under the control of
the applicant(s).
5. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
6. There shall be no public telephones located on the exterior of the
premises. All interior pay phones must be designed to allow outgoing
calls only.
7. The petitioner(s) shall be responsible for maintaining the premises free of
graffiti. All graffiti must be removed within 24 hours of occurrence.
8. There shall be no pool tables, coin-operated games, or video machines
maintained upon the premises at any time.
9. This land use authorization is only applicable to a type 47 on-sale general,
public eating-place only. Any other type of license use at this location will
require a new land use clearance.
10. This conditional use permit shall be reviewed by the Police Department
after 90 days, six months and one year, and annually thereafter for
modifications or violations of any of the conditions.
11. The vestibule entry to the building shall be the primary entrance to the
restaurant. This entrance shall include an interior sound curtain to
mitigate interior restaurant ambient noise levels to the exterior.
12. The side door(s) on the west side of the building shall be kept closed at all
times during the operation of the premises except in cases of emergency,
normal entering and exiting of patrons and to permit deliveries.
13. The petitioner(s) shall place a placard prohibiting loitering, pursuant to
California Penal Code (CPC) Section 602, on the exterior of the premises.
It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is
complied with at all times that the premises are in operation.
2
75A-61
14. The applicant shall be responsible for providing the Chief of Police or his
designate a monthly schedule of all events, event hours of operation,
promoters of the event, prior locations where the promoter has conducted
business and prior locations where the events have occurred. This
schedule shall also include, but not be limited to, the number of security
guards assigned, the anticipated attendance and the name and
emergency number of the responsible party. All events shall be subject to
prior Police Department approval.
15. Amplified music in the patio area is prohibited after 6:00 p.m. Monday
through Thursday and 10:00 p.m. on Friday, Saturday and Sunday.
16. At all times that dancing or entertainment is being conducted, the
applicant must provide a minimum of one uniformed State licensed
security guard for every 100 persons in attendance per event.
17. There shall be an additional guard assigned to the parking lot who will be
responsible for ensuring the safety of patrons who utilize that lot.
18. Guards shall remain on the premises until all activity has ceased and all
patrons have cleared the parking area.
19. The Chief of Police, or his designate, shall first approve every security
guard employed by the applicant. If there is a marked or noticeable
increase in the number of police-related incidents on or near the premises,
as such increase may be determined by the Chief of Police, the permittee
shall increase the number of uniformed, licensed security guards to a total
number of guards as determined by the Chief of Police.
Exhibit A
FJ5A862