The URL can be used to link to this page

Home My WebLink About FULL PACKET_2005-11-07 ORDINANCE NO. NS-2701 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA AMENDING SECTIONS 36-56 THROUGH 36-63 OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO REGULATE VENDING VEHICLES, AND AMENDING SECTION 1-18.1 OF THE CODE THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS FOllOWS: Section 1. Section 36-56 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-56. Additional Prohibitions. (a) No owner shall permit vending from a vending vehicle that is stopped, parked or standing on any public street, alley or highway: (1) When any part of the vending vehicle is open for vending to prospective customers other than on the side of the vehicle next to the right hand side of the street, alley or highway (except when lawfully parked at the left curb on a one-way street a person may vend to a person standing on the left parkway or sidewalk); or (2) When the prospective customer is standing or sitting in another vehicle; or (3) When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic or for vehicular parking. (b) No owner shall permit his or her vending vehicle to vend within 200 feet of another vending vehicle on the same side of the street, or in any event within 100 feet of another vending vehicle wherever located on the same street. (c) No owner shall permit his or her vending vehicles to vend on any public street, alley or highway when the posted speed limit on the public street, alley or highway is greater than thirty-five miles per hour (35 MPH). Ordinance No. NS-2701 Page 1 of 8 11A-1 Section 2. Section 36-57 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-57. Time Limit. No owner shall permit his or her vending vehicles to vend for a period of time in excess of 90 minutes in anyone location, and said vending vehicle must be moved a distance of not less than 500 feet between consecutive stops at which vending occurs; and no owner shall allow the vending vehicle to return to vend in the same block in the same day after leaving it. Section 3. Section 36-58 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-58. Owner's permit required. (a) No person shall own, control, manage, lease or contract with other persons for the operation of a vending vehicle in the city without obtaining and holding a valid owner's permit issued pursuant to the provisions of this article, in addition to any other license or permit required under any other chapter of this Code, for each and every vending vehicle. (b) The permit sticker issued by the City shall be installed on the vehicle in the manner prescribed by the executive director of the planning and building agency. (c) "Owner's permit" shall mean the permit issued to any owner that authorizes the holder thereof to engage in the business of vending from a vending vehicle. Section 4. Section 36-59 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-59. Permit term and renewal. The term of the owner's permit, unless sooner revoked, shall be for a period of one (1) year. Upon the expiration of such term, the permittee may renew the owner's permit for additional one-year terms by submitting a new application in conformance with section 36-60 herein together with such owner's permit renewal fees as may be established by resolution of the City Council. Section 5. Section 36-60 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-60. Applications for owner's permits; required fees. Ordinance No. NS-2701 Page 2 of 8 11 A-2 (a) Any person desiring to obtain an owner's permit shall make application to the executive director of the planning and building agency. Applications for an owner's permit shall be submitted in the form prescribed by the executive director of the planning and building agency which shall include proof of the items specified in Section 36-61 of this Code. (b) Prior to submitting such applications a nonrefundable fee, as established by resolution of the City Council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the executive director of the planning and building agency at the time such application is filed. Owner's permit issuance fees required under this article shall be in addition to any license, permit or fee required under any other provision of this Code. No owner's permit application shall be processed unless and until the applicant has provided all the information requested on the application and has submitted the appropriate fee(s). (c) Neither the filing of any application for an owner's permit, nor the payment of an application fee, shall authorize the vending from a vending vehicle until such owner's permit has been granted or renewed. Section 6. Section 36-61 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-61. Issuance of owner's permits. The executive director of the planning and building agency, or his or her designated representative, within ten (10) days after receiving the completed application, shall grant the owner's permit only if he or she finds that all of the following requirements have been met: (1) The required fees have been paid; (2) The applicant has not had an owner's permit revoked within the preceding twelve (12) months. (3) The applicant has, for each vehicle for which an owner's permit is sought, identified the Vehicle Identification Number and license plate number for said vehicle. Section 7. Section 36-62 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Ordinance No. NS-2701 Page 3 of 8 11A-3 Sec. 36-62. Revocation of owner's permit. (a) Any owner's permit may be revoked by the city manager or his or her designated representative for one (1) felony conviction of the owner during the previous 12 months or three (3) citations for violations of any state law or municipal ordinance to the owner, while in the course of vending from a vending vehicle. The citations may either be criminal filings or administrative citations pursuant to Sections 1-21 through 1-21.9, or any combination thereof, within the preceding twelve (12) months. (b) No person whose owner's permit is revoked shall be eligible to apply for a new owner's permit for a period of twelve (12) months following such revocation. Section 8. Section 36-63 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-63. Appeal of School Separation requirement (1) The requirement of five hundred feet (500') distance from a school, pursuant to 36-54(a) may be appealed to the deputy city manager for development services. (2) The deputy city manager for development services or designee may, after consultation with city agencies as he or she deems appropriate in the exercise of his or her sole and absolute discretion, modify the requirement of five hundred feet (500') distance if he or she determines all of the following: i. That because of the school layout there is no entrance or exit within five hundred feet (500') from the proposed boundary modification. ii. The location of the proposed boundary modification is not frequented by children as a path of travel. iii. There are no safety concerns with allowing vending to occur in the location of the proposed boundary modification. (3) If a boundary is modified by the deputy city manager for development services, then a map identifying the boundaries in which vending is prohibited shall be prepared and be available to the public. The deputy city manager for development services or designee shall annually review the map for accuracy and shall make any necessary Ordinance No. NS-2701 Page 4 of 8 11A-4 modifications to the boundaries based upon the criteria in subsection (2) above. Section 9. Section 1-18.1 of Chapter 1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in underline, deleted language in strikeout): Sec. 1-18.1. Planning and building agency authority to issue citations. The executive director of the planning and building agency, the planning manager, the building safety manager, community preservation inspectors, code enforcement inspectors, senior building inspectors, and building inspectors have the duty to enforce the following provisions of this Code: Chapter 8, sections 10-2,10-8,10-16,10-19,10-26,10-27,10-64, 10-70,10-71,10-89,10-97,10-98,10-100,10-140, 10-141, 10-142, 10- 143,10-150,10-151,10-177,10-197,10-203,10-209, 10-221 through 10- 238; sections 16-1,16-2,16-3,16-4,16-6,16-34,16-35,16-46 through 16-60; sections 16-110--16-125; Chapter 17; sections 18-17,18-39,18- 40, 18-352, 18-400 through 18-420 Chapter 21; Chapter 26; section 36- 148; sections 36-50 through 36-63; sections 36-450 through 36-467; and Chapter 41. The above listed officers and employees also have the duty to enforce sections 27551, 27671 and 27672 of the Health and Safety Code of the State of California with respect to sales of food from vehicles. The above listed officers and employees shall also have the duty to enforce permit parking districts established by the City of Santa Ana. The above- listed officers and employees are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section, and the person arrested does not demand to be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C, Title III, Part 2 of the Penal Code of the State of California (commencing with Section 853.5). Section 10. In adopting the amendments set forth in Sections 1 through 9 above, the City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Vending vehicles within the City of Santa Ana present public safety and welfare concerns to the residents of Santa Ana, especially the children. B. California Vehicle Code Section 22455(b) permits cities to adopt additional requirements for vending vehicles for public safety. C. The safety of children is a significant concern for the City of Santa Ana. 1. In California Vehicle Code Section 22456, the Legislature declared, "motor vehicles engaged in vending ice cream and similar food Ordinance No. NS-2701 Page 5 of 8 11A-5 items in residential neighborhoods can increase the danger to children." 2. Many of the vending vehicles in Santa Ana, not only ice cream trucks, cater to children by offering toys and snack type items. As such, children, often unsupervised, purchase items from the vending vehicles. D. Accidents have occurred as a result of pedestrians crossing the street mid-block without regard for traffic to get to a vending vehicle. The risk to pedestrians crossing the street mid-block at night is increased due to the decreased visibility. E. The purpose of this ordinance is to regulate a business being operated within the City of Santa Ana; the purpose of this ordinance is not to regulate vehicular traffic except to protect the public safety and welfare of the residents as permitted by the Vehicle Code. F. Vending Vehicles are conducting businesses within primarily residential zones. This business creates impacts to the residential neighborhoods, such as increased traffic congestion, reduction in available parking, as well as safety concerns. 1. On order to address these impacts, the 90-minute time limit in any one location, and the separation of the vending vehicle (herein after "congestion management regulations") will reduce the impacts to parking in the neighborhood, and will provide a safer residential neighborhood. 2. Vending vehicles are typically wider than a standard vehicle, which causes them to encroach into traffic lanes. This encroachment can create visibility hazards for vehicles exiting the driveways, as well as a more dangerous situation for other vehicles and bicycles. 3. The Legislature, in adopting California Vehicle Code Section 22456(e)(3), determined that potential danger to children requires that a vehicle stopped to vend ice cream must have a minimum unobstructed view of the highway in both directions of 200 feet. In Santa Ana, children purchase from the type of vending vehicles regulated by this ordinance in addition to purchasing from ice cream trucks; for example, the September 25, 2005 Los Angeles Times article on this subject states that in Santa Ana, "parents feel comfortable sending their children to buy items [from mobile food vendors]. Remedios Arias, 32, sent her 11-year-old son to buy 10 eggs for $1 on a recent morning." 4. The use of these congestion management regulations will restrict the number of visibility-impacting vehicles on the street and thereby reduce the number of times that opposing vehicles and bicycles must enter or cross traffic lanes as they pass the vending vehicles. Ordinance No. NS-2701 Page 6 of 8 11A-6 G. The Request for Council Action for this ordinance dated October 17, 2005 and September 6, 2005, and Ordinance No. NS-2655 shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute the necessary findings for this ordinance. H. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. I. Based upon this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to protect the public safety and welfare of the children and residents of the City of Santa Ana associated with vending vehicles. J. The police power regulations, such as those employed in this ordinance, are legitimate, reasonable means of accountability to help protect the public safety and welfare of the children and residents of the City of Santa Ana. K. The City Council determines that despite these vending vehicle regulations, and the regulations adopted in Ordinance NS-2655, that there remains a reasonable opportunity to vend within the City of Santa Ana, and will not prohibit any access to vending vehicles to any neighborhood within the city. L. 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. M. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2005-161 will be filed for this project. Section 11. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-2701 Page 7 of 8 11A-7 Section 12. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. 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-2701 to be the original ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Ordinance No. NS-2701 Page 8 of 8 11A-8 ORDINANCE NO. NS-2702 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTION 36-461.1 TO THE SANTA ANA MUNICIPAL CODE RELATING TO HOURS OF OPERATION FOR ICE CREAM TRUCKS OPERATING ON CITY STREETS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Section 36.461.1 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-461.1. Hours of Operation. Vending from an ice cream truck, whether of a frozen dessert product or of any other good or product, shall only occur between the hours of 9:00 a.m. to 8:00 p.m. daily. Section 2. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The Request for Council Action for this ordinance dated October 17, 2005, and Ordinance NS-2655 shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute the necessary findings for this ordinance. B. Sections 22455 and 22456 of the Vehicle Code of the State of California authorize a city to regulate the sales of goods and products from motor vehicles, particulary ice cream trucks as therein defined, and the Legislature has explicitly found "that motor vehicles engaged in vending ice cream and similar food items in residential neighborhoods can increase the danger to children." C. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. D. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2005-186 will be filed for this project. Ordinance No. NS-2702 Page 1 of 3 11 B-1 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. Section 4. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. 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 Ordinance No. NS-2702 Page 2 of 3 11 B-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-2702 to be the original ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 11 B-3 Ordinance No. NS-2702 Page 3 of 3 11 B-4 ORDINANCE NO. NS-2703 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY GENERALLY LOCATED AT ST. ANDREW PLACE, BRISTOL STREET, AND POPLAR STREET TO A MIXTURE OF SINGLE FAMILY RESIDENCE (R1), ARTERIAL COMMERCIAL (C5) AND OPEN SPACE (0) ZONING DISTRICTS (AA NO. 2005-06) 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 City is requesting approval of amendment application No. 2005-06 to change the zoning designation of certain properties along Bristol. Poplar and St. Andrew Streets from a mixture of Single Family Residence (R1), Single Family Residence Parking Modification (R1-B), Arterial Commercial (C5) and Open Space (0) Zoning Districts Community Commercial (C1) to a mixture of Single Family Residence (R1), Arterial Commercial (C5) and Open Space (0) Zoning Districts, as shown in more detail in Exhibit "A" to this ordinance, which is incorporated herein by this reference as though fully set forth herein. B. On September 26, 2005, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2005-06. 2. Adopt a resolution approving General Plan Amendment No. 2005-02. C. On October 17, 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. 2005-06 is consistent with the General Plan, including but not limited to its goals and policies to preserve and improve the character and integrity of existing neighborhoods. Land Use Element Goal No. 3.0. E. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project is consistent with the purpose of the general plan. F. The City Council also adopts as findings all facts presented in the Request for Council Action dated October 17, 2005 accompanying this matter. For 11 C-1 these reasons, and each of them, Amendment Application No. 2005-06 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. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2005-146 will be filed for this project. Section 2. Amended Sectional District Map number 23-5-10 showing the above described change in zoning district designation, is hereby approved and attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein. (AA No. 2005-06). 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: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 11 C-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-2703 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 C-3 11 C-4 CITY COUNCIL MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION NOVEMBER 7, 2005 TITLE: Q~())C2 C Y MANAGER APPROVED D As Recommended D As Amended D Ordinance on 1" Reading D Ordinance on 2'" Reading D Implementing Resolution D Set Public Hearing For BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT APRIL 2005 THROUGH SEPTEMBER 2005 CONTiNUED TO FILE NUMBER RECOMMENDED ACTION Receive and file Boards and Commissions Biannual Attendance Report. DISCUSSION The Boards and Commissions Attendance Report is prepared biannually to inform the Council regarding member attendance at Board or Commission meetings. Pursuant to Council policy, the City Council may remove board or commission members who incur four unexcused absences within the six-month reporting period. Additionally, City Charter Section 901 provides that three consecutive unexcused absences would result in the vacation of a board or commission position. Examination of attendance reports for the period ending September 30, 2005 revealed that no current members have exceeded the limits for permitted absences. Therefore, the only action required is to receive and file the report. FISCAL IMPACT There is no fiscal impact associated with this action. Patricia E. Healy, Clerk of the Council ~~ 13B-1 D::UI wS In l'lI - f--- :::IE 0 co >< >< >< >< >< >< >< >< WCl N ~ " I- .5 .... - ~ .. 0.- Q wGl en~ It) -8 It) ~ 0 I--- tv--. N 0 I UI N Gl >= 1-- ~ ..J W enl'll It) Z ~ ::;)0 0 ::;) 'Ot >< 0 >< .., >< >< >< >< >< ::;) >< Og' N N 0 .., ::;) .- f--- W 0 f--- <41 w Z w Gl Z 0 < :::IE ::;) .., I--- en ::;) I--- UI 0 W 0 ..J Gl W D:: ~ - Z U l'lI ~ f--- >-0 0 0 Z en ::;) ..JCI ,... >< >< w >< w >< >< ci W ::;)c N W 0 .., .- D:: ~ w ~ () - Z QI Gl l.l >- Gl 0 <: !::~ :!: en QI w ~ III ()l!) .c 0 UI D:: <( <00 S " I-N l'lI QI zl-~ ~ III <D::1l en wo ;, <OE lI::: ZCI N >< >< w >< >< >< w >< W l.l ::;)c N >< 1-00Ql D:: ~.. f--- QI zw15. < Gl <: <O:::Ql Q. . Gl ~ enwU) 0 :!: II U.()I Z ~ OZl!) < UI >-<0 Z Gl 1-00 - QI 0 l'lI uzN )-0 l.l < <: w";:: <CI It) >< w >< >< >< >< w >< >< ~ >< QI 1-0. N III 1--< W :::IE .5 .c <~ 0::: - <( Gl ..J () Gl " w :::IE QI < III ::;) 0::: ;, l.l Z U. UI >< Z 0 S 0 w w >< w >< >< >< >< >< w w w < ('I) 0 ..J l'lI II iii D:: _0 w < D::CI ,... >< >< >< >< >< >< >< >< >< ::;) >< 0 Q. c N In <; " Gl QI Gl " :!: <: QI .. I a: - II 0 - z - )( en c - 0 w - - ::;) c 0 Gl C U) :!: 0 :c en :0- 'tl Gl U) < 0 ::;) Gl ..c ;:, 'tl :>: 0 'i :0- - - ;:, :2 Z - 0::: < 'tl 0 en - w D:: ..ll: 'tl en ..c c 0 E - en l.:: :2 c os: C (,) .~ l'lI - W - )( :i Gl i= w 0 In l'lI l'lI 0 l'lI l'lI 3: c :0- r/) CJ () ... 0 UI :: :::IE Gl l'lI ..c E-< :::IE u. N en l!! .t: - z -- c C l'lI <( ;:, Z <( W l'lI 'i Gl < -0 Gl ..ll: ($ (,) > ~ c 0 :::IE - c - Q. UI .t: UI l'lI ($ ::E z 0:: UI :e c 0 l'lI .t: 'E 'tl :c .t: :: CI E ::E w -< ~ ..c ..c 0 l'lI l'lI 0 ~ ..c ;:, l'lI I- 0 () () u. :::IE :::IE I- 3: ..J >- 0 !;;: co u T J15.;z- ...J () Z Z :J 0 0 en () en > ::! !:::~ ::! ()L{) 0 0 <(00 () I-N C) ZI-'- <(D::~ Z ~OE en :J Zll..,l!! 0 <(wo.. :I: enO::J5 all U.~I I- OZL{) Z ~<(g W _ON ::! ()Z= ll.. W'- 0 S$ ...J w > ...J W <( 0 :J W Z 0:: Z ~ <( in Z :J ::! ::! 0 () Z 0 (/) (/) ~ ~ 0 0 - 0 0:: <C 0 LD D:: . UI wS o::ll'll :sO <C <C W.CI 0 .......:5 N >< X Z Z X X >< ll..C11 W.C11 <C en:e (0 >< X z w X X X UI (0 X => X X X X S ...- W I- l'lI en 0 Q :J CI w C) ....I C ....I :J ~ w <( CII 0 CII z :e < NO UI en S ...- w >< => => >< >< >< l'lI >0 Q ...J0l w ..;J :J c ...;,J ..,.- W - 0 CII CII z ::! L{)~ UI Q S w l'lI ....I W 0 ....I W Z CI 0 ::l c z 0< .., ~ NO CII CII :e I'- >< X => >< X >< >< UI Q S w l'lI .;.J 0 ....I > W <(CI 0 z :::IE .5 1'-< - __0 CII CII :e C') X X w w X X X UI .. S co X X >< >< >< l'lI N W W ...J 0 D:: CI en ll.. c ...- X X w X >< >< >< <(~ CII CII <C :e L{) >< >< Z W W X X .... W c ::! . CII Gi . u <( .c c Z ..: l'lI Q, :> 0 .c "0 c "i: 0:: D:: u N~ 0 CII W !i ~ C) l'lI In :J w. I- :::IE ::! 0: en en :J.@ Z d ~ ().l'lI W W Z .- W W ~.C11 ::! :J W :::IE <(.. 0:: ...J D::.c 0 Z 1-.9 () In 0 0 0:: 0:: 0:: W.~ <( 0 0..21 <( I- :J In> ::! D:: D::D:: en en I- 1 I ~ts-~ 1Il U <: 1Il Ul ~ 'tl 1Il Ul :l U >< 1Il <: :J II :J 1Il U <: 1Il Ul ~ 'tl 1Il Ul :l U >< W II W 'tl 1Il 'tl <: 1Il ~ II >< ;>: W ~ W () z <C c z w S '0 Q) :;J c :;::; c o U E ~ o u.. , OJ") o o M OJ") ~..-' .. o~ .. = ~g b1l .~ rJ) -g .. =: .~ ~ '.-. \J) Q I - ~ , .. .... '" .. __ I::l .... = .. 8 .... ... .. Cl. .. I::l Gl U C Gl III ~ " Gl III :;J U )( Gl C :J II :J Gl U C Gl III ~ " Gl III :;J U )( W II W " Gl " C Gl ~ II >< 13B-4 :>: w ~ w u z <( c z w ~ () ~ W .J W 0 W Z I- :J I- 0 ~ 0 ~ ~~ 0 () 010 >- 0 c::: <cOO I-N 0 Zl-.... (J) <CD::2:: 6 ~OE zl1..l!! <( <cWo. z Cl)D::~ 0 II..~I ~ OZIO ~<cg c::: _ON 0 OZ= 0- W.... (J) 1-0. Z 1-<( ;;i <c~ .J I- <c c<:S :J ..J Z ~ z <c z In W ~ Z 0 c::: > z W Z 0 (J) (J) ~ ~ 0 () - 0 c::: <5 !II D::UI wS ml'll :::IE 0 WCl I- .5 11.- WCD CI)~ co >< ::J >< >< >< >< >< >< >< UI 1-.21 Cl)l'lI :JO C)g' :J .- <cGi CD T" :::IE T" >< ::J >< >< >< >< >< >< >< UI .21 l'lI >-0 .JCI :JC .., .- - CD CD '<t :::IE T" >< >< >< W >< >< >< >< >< UI .21 l'lI WO ZCl :JC -,;:; CD CD :::IE en >< >< >< >< >< >< >< >< W UI .21 l'lI >-0 <CCI :E .5 ... CD CD N :::IE T" W >< >< W >< >< >< >< UI .21 .Jl'lI _0 C:::CI I1.c <C:l:l CD CD '<t :::IE T" >< >< >< >< >< >< >< >< u) W "'CI :::IE ... 0 <c . II.. ::E Z l'lI "Co - c::: '> l'lI Cii l'lI l'lI W Ui :ii: 11. :ii: 'c 'jjj .!!! :2 UI In ~ C (,) l'lI CD '5 Cii .!! :::IE UI C l'lI D:: 0 0 .., Z Cii W 'E CI :::IE :::IE 'I: '5 ..; Cii .n "'CI N l'lI :::s ~ CD C) CD CI CD e CD N > "'CI l!! >- c '5 "'CI 0 (,) 0 CD ... ;! W .J :::IE 0 D:: CI) c::: 13B-5 CD U C CD III .c c( "0 CD III :::s u )( CD C ::;) II ::;) CD U C CD 1/1 .c c( "0 CD III :::s u )( >- w CIl II ~ W Q) - CIl "0 CD :p "0 "0 C .l!! ~ c c( '0 II 0. X 0. CIl - 0 ).: c CIl w "'E ~ CIl W ~ 0 "0 Z W c( CIl 0 :~ z w (J) S . !n \)~ .. Q ........ () ~ ~i "-'",< bJJ -...........::. .- 00 ~ .. .. -. CD <) C CD III ..a ') c( "- "CI CD III ::I <) >C CD c :J II , :J CD <) C CD III ..a c( "CI CD III ::I <) >C W II W "CI CD "CI C ~ c( II >< ).: w ~ W ""C 0 Q) Z ::l 00 c( c :;::> f-< 0 c ~ Z 0 W 0 2 S E 2 ~ 0 13B-6 0 l.L. U ....I U Z ~ o u >- !:::~ UL{) o ....00 .....I-N ZI-~ <D::1l <OE I-II..Ql zw15.. <O::Ql (1)WOO u..UI OZL{) >-<0 I-CO - N UZ- W"C 1-0. 1-< <~ ....I < ~ Z Z < In D::UI wS In~ _ ~!00 D CD DDD z o 00 00 :2: :2: o () 00 ill () c:: ~ o 00 ill c:: () c:: o I- 00 I ~ ill X X X i X >< X ill >< ill X >< ill i >< X X X X N >< ill >< X , X X >< X X , , ~ k'!!ll 0 l'lI ~ C CI ::E c :;:: Gl Gl It) >< >< X X , X >< X >< >< , :!: , ....I ii1 II.. < z Il 0 If '~ 00 00 II ;; :2: II ~ :2: 0 D:: w () In - :!: 0 W 0:: :!: <( 0 en D X ill ill >< X EEJx X , , , ~~"". ~".". .21 il E II l'lIl II!- ~l - I ; ,C ;'~.: ,......,....,. .:.... O. ':0' ~ I:~ ~ - :: .- < I. 0:: ~.:21 I ~ ~ B ~ .:l :.- C tn i'5 < l'lI _ Gl E ::I UI 0 l'lI 0 .J::. ll.. 0:: I- -,- JE -7 C l'lI .J::. CI .!! -a- u o .JiiiO> ~ii 'ii o - c .! i Ill', CI) .- C Gl U C :;: ~ Gl U :;: ...... .. .s- 0(Il'. ~ u th G> .9- l! u '&. ~ >- Gl. l t/f ~..., ~ o ~ $. '" .. = ... .. = OJ) .- 00 "Cl .. '" = r/J f-< Z ~ ;::s ;::s o u .. " c: .. III .Q <( 'tl .. III '" " )( .. c: ::::l II ::::l .. " c: .. III ~ 'tl .. III '" " )( W II W 'tl .. 'tl c: .. ~ II >< ).: w :.:: w (.) z <( c z W f- !;( ....I o Z ::::I o o ~~ oLt? o ....00 ....I-N Zl-~ <D::~ ~OE Zll.,l!l <We. enO::~ L1.~1 OZLt? ~<g _ON o Z._ W~ ~$ ....I < ::::I Z Z < al D::UI wS all'll :eO WCl I- .5 ll.- W CIl en~~ UI CIl 1-- enl'll ::::10 Clg' ~:a; CIl :eoo UI .21 l'lI >-0 ....ICI ::::Ie .., ;::;. CIl CIl :e~ z o (/) (/) :2 :2 o o (/) z o ~ ....I W 0:: Z <I; :2 ::l I UI .21 l'lI UJO ZCl ::le -,; CIl CIl(") :e.... UI .21 l'lI >-0 <g' :::IE ._ - CIl CIl :eO'> UI .21 ....Il'lI _0 D::CI ll. e <:;:I CIl CIl.... :e.... z o (/) (/) :2 :2 o o w :::IE < Z 0:: W al :e w :e - o 0:: <I; o III <I; >< >< w >< X z X >< X , o W ....I ....I W o Z < o , X X X w w X X X X X X X X X X X X X X X .!!! 'u CIl o cG CI l'lI .5 ::::I CI < . l'lI 'u 0:: 'C CD ~ e >- 0- l'lI .s::. J!l en CIl vi al ~ ~ .. l'lI al e .s e CIl 1XI iii t: CIl i .c e <C l'lI E .!i Jll :;:I UI UI ::::I l'lI 1XI 0 13 t:S-H <I; z w w X . . ci .s UI CIl e ... W cG o .. CIl ::::I .~ LI. w X >< ell U C ell VI ~ 'tl ell VI :l U )( ell C ::::I II ::::I X X >< X ell U C ell VI ~ 'tl ell VI :l U )( W II W X >< >< 'tl ell 'tl C ell ~ II >< >< >< e o o e l'lI :I: -; CIl .5 Gi ::::I r:r u l'lI ., e o t/l - e l'lI .c ~ ~ :>: w ~ w u z <I: c z w S CIl .c l- e l'lI .s::. Z J ~ ~ -- .. .... " ~ .. .. = ~ ~ ,~ '" ~] ~i =- .. ~ CIl o c CIl '" ~ 'tl CIl '" = o >< CIl c ::J II ::J CIl o c CIl '" ~ 'tl CIl '" = o >< W II W 'tl CIl 'tl C CIl :i II >< '0 (]) :J '" c f-< :,::; Z c 0 ~ u ::E 13B-9 E ::E ~ 0 0 U LL. >= w ~ w u z c( c z w ~ 0:: UI wS al C'll :!i0 WCl I- .: ll..- w Q) 0 en~ N X X X X :J X X t/) Q) 1-- en l'lI ~O e>g' ~ .- <I:~ Q) CO :!i ~ x w X w X X X UI ....I Q) - 0 C'll >-0 Z ....ICI ~ 0 ~ C .., .- Q) 0 - Q) U >- Q) Q) c !::~ :!i ~ w X X X X X :J ell t/) OL() ~ 0 t/) <1:00 Q) -0 I-N - ell C'll ZI-~ WO I/) <l:0::1l ::I ZCl u <l:OE ~ c >< I-ll..(]) ell ""'); c zwo.. Q) ::> <l:o::(]) Q) ~ II enwCl) :!i N X X X X w X w ::> u..01 OZL() t/) >-<1:0 Q) 1-00 - ell C'll _ N >-0 u OZ= c W~ <l:Cl ell 1-0.. I/) 1-<1: :!i .: ..c <I:~ - <I: Q) -0 ....I Q) 0 :!i I'- X W X X X X :J ell <I: ~ I/) ~ ~ ::I <I: u Z UI >< Z 0 Q) w <I: (]] - II ....I l'lI al >- _0 W ~ D::CI <I: ll.. c ~ <1::;:; -0 (]] Q) Q) ....I Q) Q) -0 :!i~ X X X w X X X C ell :i II Z X 0 W CI) :!i I CI) <I: I >- Z , 2 C'll UI C I W 0:: c .!!! 0 .;: , :.:: 2 l'lI Q) a w N U C'll C -" w al ... ... ... Q) E .!::! u U C'll C'll 0 ... ::I , z :!i :!i :!i 0 :!i l'lI ::l ~ W e> :!i .r: 0:: i <I: 0 :!i ... C'll Q) C'll ll.. Cl 0:: C'll c I/) , Q) c C'll , Z <( u UI '0 . c. C'll E .!!! , ! w t UI ~iW , ::I Q) C'll '::1 I I- a 0 ....1,0 Z ! ...J I ~ (]] I -_... --_.~ --.--. ~ 13B-10 ""0 OJ :J C :;:; C o u E ~ o LL '" ... = ~ i ~' : , I: - , J [/J I--- Z "-l ~ ~ o u ell <.l s:: ell III ..c <l: 't:I ell III :J <.l >< ell s:: :::l II :::l ell <.l s:: ell III ..c <l: 't:I ell III " <.l >< W II W 't:I ell 't:I s:: ell - ::( II >< 13B-11 >- w ~ w u z <l: Cl z W I- ~ II D:: UI I I 01 1 1 1 1 1 1 N >< >< >< >< UJ >< UJ UJS - en al l'lI ::EO It) UJCI ~ >< >< >< >< >< >< >< - I- .5 en ll..- UJ Gl M"l' (I)~ ~~ >< >< >< >< >< >< >< enol! UI 0 Gl -4CM >< >< - 1-'1a co (1)0 en ::JCI 0 X X >< >< >< >< >< C) c 00 ::J:;::l <I: Gl co Gl 0 >< >< >< >< >< >< >< ::E - co UI M ...J C)S 0 >< >< >< >< >< >< >< 00 () ::J l'lI Z <1:0 en ::J >=~ -4C~ X 0 ...J ,- .... () ::Jdi Q) .., Gl N <.l > *~ >< C I- ::E .... Q) -~ '" ()L() .c 0 UI <( <1:00 .21 'tl I-N ZI-~ l'lI Q) WO '" <l:Q:1l ::l ZCI 0 '" <.l <l:OE z ... >< ::J c ::;; I-ll..Ql ""');i Q) ZWa. c Gl ::J <l:Q:Ql J Gl II (l)WCl) ::E ::J LL()I OZL() UI ~<l:g Gl - Q) _ON 0 l'lI <.l ()Z= 0:: >0 ~ c UJ~ <( <l:CI M >< UJ >< UJ X >< UJ Q) 1-0. 0 - '" 1-<( ::E .:: It) .c <I:~ c:l - <( ...J Gl 'tl Gl ...J UJ ::E Q) <I: Z '" ::J ::l Z <.l Z 0 UI >< Z CI) Gl W - <I: 0:: ...J l'lI II al UJ _0 0'" W ll.. Q:CI ll.. C z ~ <I::;::l 'tl Gl Q) Gl 'tl ::E c Q) I I ~ II Z >< 0 W CI) ::E .!!! 1'C (J) <I: c ::l :>: ~ Z 0 I; .r. :0 c 1 w Q: UI ~ 'Gl ins , ::.:: ~ .a ,~ 0 '...J ,= UI , W W 0 0 ::.:: <.> Gl C al S2 l'lI ...J (J 0 0 l'lI t! z ::E Gl ::E <.> Gl -- UJ UI 'C C ::E ::E ::J <( 0 Gl ... :;::l ~ C 0:: ::E ;: l'lI UI Gl 'C ~ c I z l'lI .r. .;: .a >- .r. w <( <.> 0 ... .r. .r. 0 III 0 t- O () ii: () Q: u:: ...J ,'" t- c:l , <( l~t:-l~ ..... -ffi ~ <..:> ~ ::;: . ..... = =c ~ ..... 'ffi ~ <..:> a:> .r:: >- ""2 = >- ....::::::> ""l::' a:> ""l::' = a:> ~ ""l::' co = co a:> .c b en c:D = '05 a:> E co ""'5 c:D a:> ..... -- = = en a:> '-=' = a:> ..... C1) "E = '-=' c:D = .= co a:> ~ I C1) ..... c:::>. C1) ..... co en -0 c:D Q) = :::J ifJ -",i:::li c E- C1) ~ ~ ~ E ~ ~ ~ o~ o UI-- I..L. ... Gl '-' C Gl .. J:l <l: 'C Gl .. ::l '-' >< Gl C ::l \I ::l Gl '-' c CIl .. J:l <l: 'C CIl .. ::l '-' >< W II W 'C CIl 'C C CIl ~ \I >< ;;; W ~ W t) Z <( C Z W l- I- <( 13B-13 ..J () Z ::::l o () >- !:::~ ()U1 o <(00 ~N Z~.... <(e:::2 <(OE ~ll..Q) zWc.. <(e:::Q) (l)wCl) LL.()I OZU1 >-<(0 ~OO ()ZN W"C ~c. ~<( <(~ ..J <( ::::l Z Z <( al z o CI) CI) :2: :2: o o (9 z z z <( ....J D.. D:: UI , W Gl X X >< X >< , X w - CO , al l'lI N C :::IE CI ) W ~ e , ll.. ;:l W Gl X , Gl X >< >< X , w (I) ::E , UI Gl >< X X >< X >< X ~- (l)l'lI ::::l0 (!)g' ::::l'- - <(Gl Gl, X X X w X >< x ::E I' 1< >< >< W >< >< X >< X X X w X X X ...... MM~ ^ ~. 11) Gl' X X w X >< >< w - l'lI WO /z CI ::::l e ..,,'; >< X >< w X X X 1< C'? X >< X >< X >< >< N "~"lr:( Ol ::E e ;:l Gl Gl. >< X >< X X X X U1 X X X X X X X N " Ol . , ~ , ~Q;.e <(;:l Gl Gl >< >< >< X X X X . 0~'~i .. , ~j~~~s ~ '<<if '<S' ~ .... ),,' L' J .."i ~'.' 1..<0' r s'li ~~ l0~ ..i.', , ~, . ~;" ... : D:: .- l'lI Gl I. ~ ""~ ~ " ..J e ~+ w..~ 1:: al< Gl l'lI t / :::::E'" c (!) ~ UI ~ ~ , ill' -::0. ell' l'lI !:!!", Gl' Gl E : I. e i!: E B 0 5 >> 0 .Ill lit .c ; i ~. 0 :r: "") ~ '131 3-'14 z o CI) CI) :2: :2: o o - o 0::: <( o 1Il \..., .. <l ..... . " Cl Q <;01'" ~ Cll " c: Cll III .c <C 'C Cll III " " ~ c: ::::l II ::::l Cll " c: Cll III .c <C 'C Cll III " " >< W II W 'C Cll 'C c: Cll - <C II X > w ~ r/) w E-< 0 Z z u:i <C ~ C Z ~ W 0 I- U ~ ...J 0 Z ;:) 0 0 >- !:::~ OLD 0 <cOO 0 I-N ZI-'" 0:: <Co::ll <C <COE 0 I-lJ..Ql al zw- I- <co::ar Z (l)wCl) w u..OI :!: OZLD I- ~<cg (I) w _ON > OZ= Z W'" 1-0. w <$ 0 0:: ...J 0 <C u.. ;:) ::.::: Z 0:: Z 0 <C 3: al <C Z <C <C I- Z <C (I) z 0 CI) CI) ::2: ::2: 0 0 - ~ 0 0::: <C 0 CO UI :E: .21 I- l'lI cnQ "<:CI 1-1: lJ.. ,- w" (l)al :!: :J X X X X :J >< X X w >< >< X UI CIl , - I- l'lI (I) ::.::: 0 ;:) D:: CI C) <C I: ;:) 0 .. <C CIl CIl :::IE I UI :E: .21 I-l'lI It) 0 .... CI ~ I: .. ;:)CIl "")CIl :!: w w >< :J W W >< >< X >< w w w UI ::':::'CIl D::- <C l'lI 00 ,CI W I: Z .. ;:) CIl CIl "") :!: UI CIl ;:1:;- 'I-'il'll' c:fO NCI ~:S :::lEal :::IE w >< w X X X X w >< w X >< w ::.::: UI .21 ~ l'lI 0 0 . CI ...J I: 0:: .. lJ.. CIl CIl <C :!: " iT"0'" .....~ .. '/$ ., '1: . l'lI .!!! >< 'e" "C .c ::l 0 CIl Q. ,2 l!! u I: 1:. .c "C " "';::;,':: 'l'lI '1: O. l'lI t:: l!! l'lI l'lI .c "C I: l'lI CIl' '0 ... "C "C 0 "j;j. 'CeCll (;) ::l 0 i!: -dv; .;; ..t1 0 I: ::.::: .c .>c' al l'lI 0 CIl .- CIl 0 ~ l'lI - (3 0 0 :E: ..ll: ...J ~. ill "C 10. C U ~: 8 I: .CIl .c 'S: I: :Ii..... I: ~ ~ '1: e" 'e' .c .c I: - 0 l'lI 0 CIl 0 0 :i l'lI l'lI; "") m w .D:: 0 "") D::. "") "") :::IE lJ.. ...J lI) (J c lI) .. .c <I: 'C lI) .. :::I (J >< lI) C :J II :J Gl (J C Gl .. .c <I: 'C Gl .. :::I (J >< W II W 'C Gl 'C C Gl - < II X :>-: w ::.:: w u z <I: c z w S 13B-15 ...J (3 Z ::::l o U ~~ ul.O o ....00 ....I-N zl-.... <0::2 <OE I-ll..Ql Zw- <o::ar enwCl) u..ul OZI.O ><0 1-00 _ N uz= w.... 1-0- 1-< <~ ...J < ::::l Z Z < al o 0:: < o al I- Z w :iE I- en w > z w U 0:: o u.. ~ 0:: o 3: < z < < I- Z < en z o CI) CI) ::2: ::2: o o UI :cS ,,",::l'lI c>>(Cll: ~,tll ll.. .!: w'" enS! C\l :iE >< >< >< :J >< >< >< >< - >< >< w w c UI 0 .21 I-.'~ l'lI enD:: 0 ::::l< CI go c = < GI GI ..... , :;!:; UI J: .21 I- l'lI it) 0 .... >g' ...J."- ::::l~ ..,GI C\l ::::IE. w >< >< :J W >< >< >< - >< >< >< w c ~ UI GI D:: ... l'lI < 0 0 CI . W c Z = ::::l GI GI ~:,:iE:" ,< UI J: GI ... I- l'lI 0 0 N CI ~ C = :iE GI GI C\l :iE >< w >< - >< >< >< >< w w >< >< w c ~.,UI;.. <GI D::<'" <l'lI 00 oCl ...Jc j2= ll.. GI <~ ':' ......... /: W :iE .: :. < N ~ Z UI GI UI : ..,;: ,'; .c D:: 'i c .c GI u :e ... '~: U C. C W GI l'lI '0 UI 11; l'lI 0 al GI l'lI .tl N '(jj GI l'lI UI l'lI ~ en ...J z UI :::l E :iE :::IE GI :z ..II: CI l!! w ~ l'lI GI :::IE GI l'lI GI a ~! . ~ en :iE 0 '0 :iE c ,!: 0 1:: ll.. ~: :>,: CI ..II: ,?:I: 0 ..II: ,,,jf\ .:;0 l'lI C GI C ..II: '0 l!! ~ UI :::l U ... C '0 ..c .;: f! ~:.:..... .l'lI l'lI ~ l'lI l'lI 'i:!'. 'GI C .:. '. .~. w :iE u.. ,yG. .., :iE Z >al>: ,.Q :.:J :;..: w ~ w u z <l: c z W I- !i: III o C III Ul .c <l: "C III Ul ::l o >< III C ::::l II ::::l III o C III Ul .c <l: "C III Ul ::l o >< W II W "C III "C C III - - I-~ UlD o ....00 ....I-N ZI-.... <0::1l <OE 1-0..Q) zwa. <O::Q) (l)w(l) u..(,)1 OZlD >-<0 1-00 _ N (,)Z= W.... 1-0. 1-< <~ ...J < ::l Z Z < al UI, ::r',S I-l'lI 010 oCl I- c 0.. ,- w- (l)al :::IE UI Gl , - lii~~ ::l $ CI Cl....c ::l0:;::; < al ,'lE' UI :J:S I- l'lI It) 0 ....CI >- c ....I;:; ::lGl .,Gl :i o 0:: < o al I- Z w :i I- (I) W > Z W (,) 0:: o u.. ~ 0:: o 3: < Z < < I- Z < (I) Z o (I) (I) ~ ~ o <.) ~ l{l D::- <~ 'i'CI we Z:;::; ::lGl .,~ .. "In . :J:S l-'l'lI 01::1 NCI ~~ :::lEal :::IE ~UI D::S <l'lI 00 ICI ...Jc D:::;::; 0.. Gl <~. /+ -- w :i < Z D:: w' al :::IE w :::IE o cr: < o CO x ro -- c ::l x x x x >< >< ro -- c .. <.l C .. III ..a <( 'tl .. III ::l <.l >< .. C ::l II ::l >< ::l UJ UJ >< ro -- c .. <.l C .. III ..a <( 'tl .. III ::l <.l >< W II W >< >< >< ::l x " ..: I .c j ;:, ., . f! UI .21 .21 c Gl f! Gl ~a; f! Q. = "E CI l'lI ;:, -g 3: CI l'lI N UI e ~ ~ N fl~ - 3: Gi 0 (I) >0' cb l'lI l'lI 'tl il ~ .II: 'tl C = C ~ t.l C & t.l .!!! &~ it: .: w ~ w u z <( c z W I- ~ 13B-17 . "0 OJ '" C :g o () E ~ o u.. -.:::::0 ~ = a::J CI:> -S = = -.:::::0 ~ 'g ~ CS = ~ ;=: cO = -.:::::0 'S;: 'C = .- CI:> .t= ~ .t= ~ en E-- N:i 1E CI:> ~..e: o U a ~ ~ ... "" ::I .... .. ~ .- \J1 ... ~. i 1:: .. g. ... Q ... .... .. Q III '" C III III ~ 'D III III ::s I.l >< <II C :;) II :;) III '" C III III ~ 'D III III ::s '" >< W II W 'D III 'D C III ~ II >< ~ x:: w u ~ c z w S 13B-18 ...I U Z ::::l o U >- !::~ UL!) o ....00 ....I-N Zl-.... c(D::1l c(OE l-o.Cll ZWc. c(o::Cll (l)W(/) ll..UI OZL!) >-C(O 1-00 _ N UZ= W.... 1-0. 1-<( c(~ ...I c( ::::l Z Z c( al z o (/) (/) ::2 ::2 o c..> I I- ::> o >- z o (/) (/) ::2 ::2 o c..> D::UI wS al l'lI :::IE 0 CO) I >< X X I I >< WCl .... I- .!: 0.- W(l) (I)~ UI (I) 1-- (l)l'lI ::::l0 I I I I I I I I I I I I C)g' C7l ::::l'- c('i (I) ::i UI .21 l'lI >-0 ..JCI N >< X UJ >< >< W X X >< ::> UJ >< ::::l c .... ., .- - (I) (I) ::i UI (I) - l'lI wO ZCI ~ X X UJ X UJ >< X >< X X X >< ::::l c .... .,;; (I) (I) ::i UI .21 l'lI >-0 N c(CI X X >< X >< >< ::> X >< ::> UJ I ::i .!: .... - (I) (I) :::IE UI (I) - ..Jl'lI _0 D::CI 0 >< UJ X UJ X ::> X X X X >< i o.c .... c(.. (I) (I) :::IE i i N i c c (I) l'lI W 0 N ~ C CI 1:: .a := UI ~ ~ Qj UI 1:: l'lI Qj l'lI (I) C .c l'lI (I) :l l'lI C c. l!! l'lI 0 ~ c. u - i;j CI Z .c .c 0 .... :::IE :l U l'lI i;j UI N Z C. 0 ...I (I) ... 0 .c > CI l'lI D:: l'lI ., J: I- U :l l'lI d W 0:: Qj X ...I 0:: 3: U al (I) ., .a .c 'tl a: c 'tl Qj >- 'C - l'lI 'S: l'lI C .c :::IE .. :s c c l'lI l'lI ~ l'lI 'tl l'lI C ~ W l'lI :l :l 0 ... 'C c .c :::IE ~ 'iij :::IE ., E (I) 0 0 l'lI C) c( .!:! al 'tl ., U ::i w i , I i >- W ~ W U Z <( o z w ~ Gl U C Gl .. .Q <( "tl Gl .. :l U )( Gl c: ::::l II ::l Gl U C Gl .. ~ "tl Gl .. ::> U )( W II W "tl Gl "tl C Gl - ;:c II >< - o c:: <( o llJ 13B-19 -g :::J c: :;::; c: o o E ~ o u.. '" ~ ~ '" - 'V en 0 " \ .- "" ... ~ 'Q) ::J- .... <= ~-s \ Q .", " " ~ c:: 't;; = u '-.. ...., ~ c:: > .- " "" .S c.8 - " " "" " " ... S-s .. = ~'" .. J3 g <= = r;j ~ ~ ... ::I: .... c:: \J ... r 8 t: <= ~ Cl, ... Q en E- Z ~ ::E ::E o u c:: o o 2 ~ E- c:: u ,',a '" p.. " - c::" B 0 S "en", = '" 0 "'",,0 _ "N '" t:: =" - =::I:,.:; <t:..c:: " !: .~ ..c ..... "'d :: '" = " --'<1:: " N '" ..c:: " '" "" c:: 0 " .- , c:: d:) ~ 0 Cl) a:l 'C;; "..c en '" r::: .- 0'", S C::::E 8 ~ 0 ~"u " "'..c:: ...... ~ '5 " '" 0 ES~>- III o C III III ,Q cl: 'C III III ::J o >< III c: ::J II ::J III o c: III III ~ 'C III III ::J o >< W II W 'C III 'C C III :i II >< 13B-20 ;>.: w ~ w (.) z cl: c z w S REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 1't Reading D Ordinance on 2'" Reading D Implementing Resolution D Set Public Hearing For APPOINTMENT OF MEMBERS TO THE SANTA ANA RIVER TASK FORCE '~" , '/} ~/[4.L,/0l Cc{.Ci, L CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve the appointment of Patricia McGuigan, representing the Riverview West Neighborhood Association to serve on the Santa Ana River Task Force. DISCUSSION In May 2, 2005, the City Council appointed 22 individuals to serve on the Santa Ana River Task Force to study the opportuni ties of restoring the natural habitat environment and providing recreational opportunities on the Santa Ana River. Invitations to serve on the Santa Ana River Task force were sent out to all the neighborhood associations adjacent to the Santa Ana River, environmental organizations and governmental or regulatory agencies that over see improvements in the river. Of the 40 invitations, 22 applications were returned and submitted to City Council for appointment to the task force. The first Santa Ana River Task Force meeting was held on October 11, 2005, and the Riverview West Neighborhood has expressed interest in serving on the task force. FISCAL IMPACT There is no fiscal impact associated with this action. ~l- Community Services Agency Gerardo Mouet Executive Dir Parks, Recrea 13C-1 13C-2 - " ... ~ ~ fIe MEMORANDUM City Council Meeting Date: November 7, 2005 From: Date: October 17,2005 To: Subject: Notifj ation that City Engineer is Reviewing final Parcel Map No. 2004-271 for A oval ursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Parcel Map No. 2004-271 (City Parcel Map No. 2005-05), for 126, 128, 130, and 132 East Dyer Road (Exhibit I), from the owner, Irvine Reynolds Avenue, LLC, and is in the process of reviewing the map for final approval. The Tentative Parcel Map No. 2004-271 was approved by the City Council on May 2, 2005. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of November 7, 2005. cc: Mayor and City Council City Manager Deputy City Manager of Development Services Clerk of the Council FinalParcelMap2004271 ReviewNotice11_07 _05 17 A-1 w ~ w '-' z <( Cl: o DYER RD. (E) d 1_ ~ CL ,- -r- I- W W n:: l- ll) Z <( ::;;: --.I o _l CL MACARTHUR BOULEVARD SANTA ANA .. City Council . P 'vi A a Agendo Dote , , MI."....."'''' NOVEMBER 7. 2005 EXHIBIT I Title: PARCEL MAP NO. 2004-271 126, 128, 130, AND 132 E. DYER ROAD ~ N.T.S. CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE APPROVED D As Recommended D As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2005 t21i!,a CI Y MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file. DISCUSSION In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the following seven major elements: Type of investments; Date of maturity; Par and dollar amounts invested in each security; Weighted average maturity of the investments; Market value as of the date of the report; Source of the market value information; and Any funds, investments or programs, including loans, under the management of contracted parties. The Finance and Management Services Executive Director has historically prepared a monthly report of investments. This office will continue to provide this information monthly; however, a quarterly report of investments will be presented at a regular council meeting. In compliance with State law and the City's Investment Policy, the attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of September 30, 2005. 19C-1 Quarterly Report Of Investments As Of September 30, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~~"""~,,,,!, L> ~., , Francisco Gutierrez Executive Director Finance & Management Services Agency 19C-2 CITY OF SANTA ANA TREASURER'S REPORT as of September 30, 2005 EXHIBIT 1 19C-3 - I: l'lI GI ~ II) I:El'lIo <(GlE~ .fl ~ E - 1:1:::::1:; l'lI l'lI 1Il .... lIl::Eoll 'O.!2oE l;'ol::J!! .- 'I:: 0 Q. ()~ll.Jl ll. o .. ~ St o , :;~ 0,. E .. I- '0.2 p: ;;t~ ~ o .. o M CIO '<t 0 to re ~ :n ~ ('f) M N (<) N ~ ;\ ;; ~ ~ :g ~ ~ . N. N '<t .,; N ([) N CIO 00: M: ~ 0 c;;;: ci ~ Gl t") 0 N (") 00 g.= ~ :; ~ ;;:J : tD~ I,t) /'- en N cn co. 00 0 (") g lO ~- ~-~- cn en I'- 0 ONor--- .. ~ <0 ~8~g~gg -f"ii 0) ci a) N N ~>lO~~~:g m- oj ci '<t- I()- CD IX) N N ...... m m <0 ONci"': .. ~ <0 :;g:~gggg ll.iii 0) 6 ci ci ci >lOgggg (7)- o. Lr,l- 1.0- 0)- ~ g a; g CD ci 6 ci 00. .. ~ <0 .l!l ~ .. .5 .. .. > .E o ;; ~ 0 c 0 ~ 1= ~ ti ~ ~ > ill .5 m ~~ c m ~ .~ <( E ~ 8 ~ ~ ~ .~ ~ '" '" c c 8. ' , 8 o .!!Z 00 ~ ~ i!l. c: c: 'C & ~ en <( <( '" ~ ~ :::I .. .. . OJ OJ I-~ ~ ~ ~ ~ <0 <0 '" .... '" ..; '" "' ~ '" .. ... ... o o ci o ~ "' "' .; ... ~ N '" ~ ~ "' ~ '" ... ... .. '" af .... ~ <'D ~ ... .... ar '" ~ o:i .... '" M "' ~ o '" o .... o '" 6 M a; .. o '" ,,; '" ..; a; ~ '" ,,; '" ..; a; ..; o '" ,,; '" ..; "' .l!l c ~ o .. ~ E ~ t) 1'i ~ .E '" "' ~ "' .. ... .... '" ..; '" ... o:i ~ ..; "' ~ ... ... '" .. ... on o o on "' ~ ;1; ... "' ... ..; o .... 0; "' ~ .l!l ~ .. .5 .. .. > .E ~" ~.~ -g ~ [d.!: m .: B ~ 'i E 32 '0 (llI m ~~ ~ ,~ ~ !f~lA '" I'- ~ "' :0 u) ~ ... W '" .<: N 1: ~ :i! I o ... .8 E .!!l 0. .. '" ... .... .. ~ ~ 00 CO') ... "'. ~ .... o .; '" ~ ~ .. - u ~ ; Gi .. '" III '0 ~.s (ij "ii IV .. Q '" >- .. .. "E m > <l.I m t; ~ ~ ~ ~ ~ o <( W '0 -" m .. .<: E ~.9 cQ)o o:o~ '0 (IJ ~ ~*~ ~ is.2 .. c ~ E..:J 1;) om ..<( > _ <0 .!: ~.~ "C E ~ j2 Q.Q) O..Q Vl 0" _ 0.><0 (ij~.5 o .. >- n"''' <l.I~[ ~.~ "E >.E:E sE; ~o~ a~o o -5 CD m oS -g"Er, m m '" . m ~ .~~ ~ om'O D..EQ) - m c ~ C/J'co E 0 :E en: >. 0 Q) ~ Q) > t) (ij .s Q) en m .<: 0> ~ - c <C uij;2 .s c c.. ~ ~ ... (f.)1il~ o g! C'lI Z'.5 :E (3 '0 ~ ~ ~~ -:2n:l :5 :::I Vol "3:g:c ~ c ~ c:~~ .!:!! Q) c: c.. Kl 0 ~CD:2 u 0. .5 -c:i e .g 1i) .!a Q) m '0 a. CO c '" u .: :2 ~ <D 0 m "' 0. '" CD ~ '2 CI) I/) Co -g;S.o ~ ~ ~ 1.0';:: - co.gg '" >- E en g .~ .5 CIl t1l g~~ iii 1:: l: E .. " o ~ :5 :g.Q.E "'tJ ~ t1l l!:! CIl 1::-m "5 i CIl ::l go:: E.= .... >..~ l: 1? :g 5- ~ _::l CIl II) E ~ .. mE e ~ ~R:E>- 'Cij "-'"'C Z 1:: CIl l: m 0;; 8."'C o '0 )( l: 1:: l: Q) OJ o OJ"'C OJ a..?;- S 'c l!:! .- Q) 0 II) U C):!;;; :c~-g(ij 1-_..cU <( c.. 8 g ~ <.> Nlii o ~ ~ ,2 0.."1:: :g ~ ~ '" ~~ o '" 0. " Q. ~, ~ !O. ~ Q. on o o '" 2; ~ q '" o o ~ g '" o "C o .~ .. 0. '" ~ 'E o 0. .. 0: ~ ~ 8 ~ ~ . . o " , ~ ~ Ul .... '" Ql E .... l'lI Ul c: Ql > <(,5 .l!!-e c:~ l'lI 0 en 0 .....0.. o >....J :!:O ()O 0.. -e '" => u, -ell) "'0 =>0 u'N >. - .cO M Ul ..... .... Ql "'.c Ql E .s Ql Ul.... Ql Co > Ql ,500 0" ~E . , ". il:o ~.!! ~o . :0 o~ -~ :0" 0- >- S:'!:i: :0" 0- >- -. c_ O. ~'" , o o , .. > .. ~ ~ :0 o , ~ . .. o , .. > ~ o o III o 0 . .. 1'0 ~ , .. ~ , . .!! " c o E t; o > .5 .. in " o ~I- ~I~ '" o o N " ~ ~ "C C " ... 1: ~ ~ . > .E >. y c . '" <( OJ y o ..J ~ ~ I ~ : ~ I: 00 ~ ~ M M !;/ :;: ,,; m ~ " ~ ~~ ~. N N ~. '" 0 " " ill;;; " <0 ~~ ~ N "':ai N ~ '" 0 " " ~ U; " <0 ~~ "'N N 01- '" '" 00 00 O! O! ~ ~ o 0 " " C C , , u. u. 1:: C o . E E 1i 1i > > .5 .s: (;- (;- c c . . 'l'l ~ a; g g ~ ~ ~ ~ o 0 u. u. S S ~ ~ 00 u. u. S S ~ .,; ~ .,; <0 .. ,,; " " .... .,; .. .,; .. m ,,; " " .... .,; .. .,; ill ~ o '" ~ o ~ ." C . .. -0 1i , .. ~I~ ~I~ o " N '" 8 ,,; N m .,; ro m N o o g o 0 g g M M 8 ,,; .... <0. ~ N .. 8 N a; ~ .. '" o o ~ () () ii' 0- o W ~ W ~ ~ w z w " ,. o " <i u ~ i5 ~ . 0. .. "- OJ .~ . ~ o " '" ~ '" ;': r m ill <0 '" v ro 01 N M ~ W 01 M ro 0 ro ~ ~ ro N ~ M ~ ID 01 ro ~$q~~~w~&ffi~~~~~~~~~;m~ ~ ro ro ~ ID ro ~ ro ro ~ ~ 01 ID ID ro 01 ~ ID ro w ro 01 8 g g 8 g g g g 8 8 8 8 8 8 8 8 8 g g g g g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ S ~ ~ 000 0 000 0 0 0 ~ 0 0 0 0 0 0 0 ~ ~ ~ g ~ ~ g ~ g ~ ~ ~ ~ ~ g 8 ~ ~ ~ ~ g ~ N M N N N M N N M N M ~ N N M N N N M M M ~ ID ~ v 0 ~ ro ~ v M V V W 0 ~ 01 ~ ~ ro N v ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ w ~ b N ~ ~ ~ ~ ~ N M N N N M N N N M M N N M N N N M N M M 00000 0 ~ 0 0 0 0 0 0 0 000 ~ 0 0 0 0 ~ ~ 8 ~ g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g 0 ~ ~ N M M N M M N M M M M ~ N N M N N N M M N ~ o o ,,; N m .,; ro m N ~ 8 g ~ 8 gag g g ~ g g g g g g g g g g g ~ ci ~ 0 ci ci ~ ci ci ci ~ ci ci ci ~ ci 0 ci ci ci ~ ci ~ ~ N ~ ~ ~ N m m 8 ~ m m ~ re ~ a ~ ~ 8 M ro ("iroN -0l-t.D-0l-~-~61t)-"<t-ai......co-rLico-t.D-......6ciN- ~~~~~~~m~~~m~~~~~~~~*~ o o ,,; o g g 8 g 8 8 ~ ~ 8 8 ~ ~ ~ ~ ~ ~ 8 g ~ ~ ~:;:f sf 8. ci si ci 8- 08-_ !i_ 80-. o_c~'-....._&~_~It)_ 0 000 0 000 000 0 000 g g g g g g g 000 0 000 ggggggg 000 0 It) 0 0'1 ~ ~...... ~ ~ ("i 00 C> 0 :3 g 00 o. ci ill ~ 8 ,,; .... <0. ;;; .. " 8 8 8 8 8 ~ UUU ~g~8~~8~ ~ ~ 8 g ~ ~ ~ :!i o <D. 0: co oj 0'1 ci <D- ~gj&8l 88888 8 888 ~ ~ :!i ~ g g g g :!i gg-ig~@~.~.i . - - - N" N" 000 000 g g g o '" 0 o"N"o" o m 0 o " 0 N - o '" ~ o > " ." C . .. -0 1i , .. g 8 g a: g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ "<t g :3 8 :3 8 :3 0 g g :3 ~ ~ ~ ~ ~ g g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ 0 0 0 0 0 0 0 .lI:: .lI:: .lI:: .lI:: .lI:: ~ ~ ~ ~ ~ :'I::: C C C ]~~~~ U U ...J ...J --' E E ~ ~ ~ ~ ~ ~ ~ ~ e e e e e CIl CIl CIl CIl CIl ijl ijl al al al LL LL LL LL LL .lI:: .lI:: .lI:: .lI:: .lI:: .lI:: .lI:: lij lij lij lij lij lij lij al al co co al al al c c c c c c c .s .s .s .s .s .s .9 CIl CIl CIl CIl CIl Q) CIl E E E E E E E 0000000 :I: :I: :I: :I: :I: :I: :I: e e e e e e ~ Gl CIl III CIl CIl CIl Gl ijl al al al -g -g ijl LL LL LL LL LL LL LL ~ :E s y . '" 1l c &. ~ " o " >. y ~ . :l '! . "C . ... m m ~ ~ o 8 000 C! C! 0 !'! 8 g 0; 0 0 ggg N......- N 8888 ~ ~ ~ g ~ ~ :;f ~ o 0 0 0 ;!; ;!; ;!; " " o 0 0 g :3 ~ ~ t::! t::! t::! ...... ...... .... 0'1 N ~ ~ ~ ~ ~ ~ ~ c c . . III III c c g g ~ ~ . . E E o 0 r r 1!! 1!! . . "ll "ll u. u. .lI:: .lI:: .lI:: .:.:: .:.:: .:.:: .:.:: .lI:: ~ ~ ~ ~ ~ ~ ~ ~ c c c c c c c c .s .s .3 .s .s .3 .s .s CIl Ql CIl CIl CIl CIl Ql CIl E E E E E E E E o 000 0 0 0 0 :I: :I: :I: :I: :I: :I: :I: :I: e e ~ e e e e e Q) Q) CIl CIl CIl CIl Q) Q) -g -g ~ -g al -g -g -g LL LL .... LL LL LL LL LL co ~ ~ N ~ re ~ :3 re M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ S ~ ~ ~ ~ S ~ ~ ~ ~ co 0 m It) 0 0 !Z ~ ;;J b ~ I;; o I- >- >- X 1;; ~ ~ ~ ~ ~ ~ '~-S ~ b ~ ~U '" '" '" ~ ~ ~ '" '" '" N It) <D ~ It) co Cl co """') W "<t LL 0 0 >- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ ~ ~ o .... 0'1 ~ ~ l;: !Z ~ ~ ~ ~ ~ EHl 8 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ ~ ~ ~ ~ ~ M M <( a. NO (j) U ~ ~ o o .Q :g " o a. ::;: Q) v> "t . 0 ~ 0 ~~ ~ ~ ~, ~ eo ~ 8 ~ ~ ~ S a 2 . o c ~ N .. tll ~ 0. Ul - r:: Q) E - Ul Q) > r:: 'tI Q) '0 o Q. 'till) r::O ;:'0 lJ..N ~O- C') Ul .... - Q) r::.Q Q) E .s Q) Ul- Q) Q. > Q) .500 .J o o Q. 'tI r:: ;:, lJ.. ~~ . , "'l; il::E ~.!! .~~ l; ::E ()~ -... ::EM I- >- ~~ ::EM I- >- ~ .. C~ .. ~ to: , () . , .. > .. ... ~ ::E .. , !i - ~ .. . , !i ... o o "' . . . .. .J!!O e , .. - . , . '" .. C . E U . > .5 .. in :> () :g :g o 0 ~ E :g :8 88 ~ ~ <::! <::! N N o 0 ~I~ <0 <0 '" :5 g :5 ~ ~ ~ N N N N ;:.::: N 000 ~ & ~ ~ m ; ~ re ~ ~ ~ ~ ~ @ @ ~ ~ 0> 0> I- g g 8 N <::! <::! V f'o. 0 ~ s ~ !l! I- :g '" is 8 0 8 s; lij ~ lij ~ iii ~ ~ o 0 ..... 0 88 <::! <::! ~ ... <::! Q I- N o ~ <0 I- 88 t! t::! ~ 0> o ~ iO ;:: 0_ ~: ~; ~ ~ ~ ~ ~ ~ ~ ~! ~ ~ ~ ~ ~I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~I ~ ~ ~ ~ ~ a N N N (1) 'It ~ .... m fa ~ :;: &1 0'1 0 CD I() 0'1 N It) N M M M M ..,: M H M M ~ :5 :q &1 ...... II) 0 M M M ..; ..,: g g g IS ~ ~ 8 c:i g ~ !9 !;i ~ g fa 0 01 ~ M I() en ~.~.~ ~gf~ ,... N 01. 0"' 8 I;j ..; N U~H N N M N M g 8 g g g g g g g c:i c:i g ~ g g g <<!. ~ ~ M N lO f'o- o;~~fmgf:5f1~'f~~ 01 Ot Ot Ol l"'t 01. 0'1 0'1 UH8 ggg~~ ... .. N g 8 g 8 8 8 8 888 8 8 8 g g g g 8 8 g 8 8 8 8 g g g g g gligliligligggg q 0 0 0 0 0 0 v 000 N N .....: N ("; ... ... N ... ... g 8 8 g g g 1-"' I- ~ :i <<;- en <no Ot H gg N ...... 8 &1 &1 ~ 8 888 8 g 8 &1 :5 ~ g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ &g~~~ggg~gg~g g 8 ~ ~ ~ Jo:.lI::.lI:: .::.:: c: c: c c ~ ~ ~ &i c c c c ~ 2l 2l 21 ...J...J..J ...J III Q) I1'l Q) E E E E o 0 0 0 :I: J: :I: :I: e e e e Ql Q) III Q) ]]]] lL u.. lJ.. u.. . ~ 5 u .. Ul ~ c '" &. ~ " o " ... u c .. tll <l ;;; :u 'll ... ~ N N '" ~ ... ;! ~ ~ ... i!l 80 ~ ~ _ 0 N "' ~ 0 8ggHH ~ ~ s: t::! ~ ~ ~ ~ g ~ ~ ~ ~ ~ "'0 I- 0 ~ g '" l- N"": 0> '" 0> "'. 8 g 8 >i g g is 0 0 ~&& 'It M v '<t '<t 'It II) 8 8 8 8 8 8 g ~ ~ ~ ~ ~ ~ ~ o :!:: :!: C::! C::! t:! C::! 05 ..... ll) 10 10 ..... N o .... 0 0 000 ci ci ci ci ci ci ci (.) () () 0 () t> () QI CD III Ql QI II) QI Cl I:7J C) Cl Cl en OJ al ell ell ell ell ell ell ~~~~~~~~ oll ~ ~ ~ ~ ~ ~ :l1 c c . . o 0 ~ ~ . . E E o 0 :I: :I: e e . . ~ ~ If If c c c c C ell ell <'ll ell <'ll .3 .3 .3 .3 .3 Q) I1l Q) Q) Q) E E E E E 00000 J: J: J: J: J: e ~ f! e f! Q) Q) Q) Q) Q) ] ] ] ] ] u. u. u. u. u. g g g g g g III III III III III III :; ~ ~ ~ ~ ~ ~ .3~~~~~~ . ,. ,. ,. ,. ,. ,. ~ 1u 1u 1u (; J: Z Z Z Z e e 1! e e Q) I1l Q) Q) Q) "0 "0 "0 "0 "0 If If If If If 1u 1u z z e 1! . . al ] "- "- ~ ~ ~ ~ 0 ~ ~ ~ ~ $ ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ 51 i3 N '" 00 ~ ~ M o:.t~ '" 0> 0> a a a '" '" '" ~ ~ ~ m ~ ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ c w ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ x Q x Q ~ ~ ~ ~ ~ "' M M N ~ re re re ~ ~ ~ ~ ~ ~ ~ ~ M M M M M M M ,~-1r ~ M 0'" ~ <0 N ~ ~ ~ ~ ~ ~ ~ ~ '" 0> ~ '" g g 8 8 g g g g 8 8 g g ~ N N ~ N ~ N N ~ ~ N N ~ ~ 0 M ~ ~ 0 8 8 8 ~ ~ ~ ~ ~ ~ ~ N ~ N N N ~ N o 000 000 000 ~ ~ ~ ~ ~ ~ g ~ ~ ~ g ~ ~ 0 ~ ~ M ~ ~ ~ ~ ~ 0 ~ M ~ M M M M M M M M ~ M ~ ~ ~ 0 0 ~ moo m ~ ~ ~ ~ ~ g ~ ~ ~ ~ ~ ~ m M M M M M M M M M M M M f5 ~ g :5 f5 ~ ~ ~ ("') ~ ~ ("') N ("') ~ ~ M M M M M M M M 000 0 N M ("') ~ ~ ~ ~ ~ M M M M ~ '" .; M ... o' N .; ~ o 0 000 0 0 0 0 o 0 000 000 ~ ~-~~~~~-~~~ !ri("')-cO"'; N~-M- ~~~~~mgt~~_ N cO N- 8 ~ g o 0 ci 000 <0 0> N ~~f ~ R- m m m_ N o o g o .; - '" .; ~ 000 000 g g g 000 ggg o "' 0 ("')- ~- M N N '" 0> '" N ;! .; ~ 00 00 U 66 00 0_ ~_ g :5 :5 :5 :5 :5 8 g g g g g g g o 0 0 0 000 6~-o666o o 0 0 0 000 o ~ 0 0 000 - - - N - ("')- N ~ ~ ~ ~ :5 ~ ~ ~ ~ ~ ~ ~ ~ M M a:i ci ~ ~ ci ~ ~ ~ N o re re ~ ~ N ~ ~ ~ ~ ~ ~ "';~-a:illi~-MNm-N~ or-: a;~?ci~~_~~_~~m~~_ N <<J- N- N . '" e . ~ "C C . .. -0 :0 , '" ~ ~ ~ ~ ~ ~ o 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .lo: .:.:: .:.:: .lo: .:.:: ~ ~ ~ ~ ~ ]]~~~ U U ~ ~ ~ E E ~ ~ ~ If ~ ~ ~ ~ e e e e e Q) <I) Q) Q) ell "0 "0 "0 "0 "0 If If If If If ~ :! '~ " u .. lI) c " o u ~ i5 ... u c .. :t ~ ~ ~ C;; M M '" M C;; ~ lO ... ... ~ ~ N'" '" ~ ~ N <i <i <i 888 N N N (<) 06 N iilin; 000 8 g g ~ ~ ~ 000 ':'::.lo:.:.::.:.::.:.::.:.:: .:.:: c c c c c c C ell ell <'ll ell <'ll (lI <'ll lD lD OJ lD OJ OJ OJ c c c c c c c (lI (lI <'ll ell <'ll (lI <'ll .3 .3 .3 .3 .3 .3 .3 Q) Q) <I) Q) Q) Q) Q) E E E E E E E o 0 0 0 0 0 0 J: :c :c J: :c J: J: ~ ~ ~ ~ ~ ~ e Q) <I) Q) I1l <I) Q) Q) al al al al al al ~ u. u. u. u. u. U. LL. ~ ~ ~ ~ ~ o ~ ~ ~ ~ <0 0 "' <0 H li! .. 'C .. ... ~ ~ ~ ~ ~ ~ ~ * ~ '" h ~ ~ ~ ~ ~ ~ ("') ("') M M ("') ("') o 0 0 ~ o 0 ~ w ~ ~ ~ ~ II) II) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ("') M M M <( .. (/) 0 o " ,Q :E t o .. NO 00 N. . " , m> 1<t . 0 oc ~ E ' ~oc ~ ~ ~, oc '" ~ m o ;! ~ o o i'! ~ , " o & M o ,., '" .. '" '" :!i ill >- '" 0 ~ ~ 0 0;; 0 >- ~I lil ~I !l << '" a. N 0 I-~ ~ '" '" .. :: N '" 0 '" (f) U 0 0 ~ N ~ M '" << N ~ '" ~.E 0 ~ . ~ . . U W> a. 0::; ,Q "" 8 8 '" '" 8 '" '" '" '" '" '" '" '" 8 '" 8 8 >- :g " 0 ,.,~ 0 0 g g g g g g g g g g ~ 0 ~~ 0 0 "Ie E " ';::I'il ~ s: ~ s: s: ~ ~ ~ ~ ~ N s: s: N ~ ~ s: s: 0 ~~ "0 '" a a 0 .. a. w .. 0 !1 ~ !1 !1 ~ ~ N N s: ~ ~ 0 ~ ::; '" 0 ~ <; N <; a a ~ <; ., N ., ~ 0 ~ - - 0 - - 0 0 0 ~, ~ 0'" 0 ~ ;;; '" '" ::l I;l :! '" ~ l!l >- << >- 0 ~ "'I M ~I ;;; >- !h -'" 0; '" '" N g :;: '" 0 ill l;I '" ~ ::;M N .. M .. .. '" 0 .. '" << << I- ,.; ,.; ,.; ,.; ,.; ,.; ,.; ,.; ,.; .. ,.; ,.; ,.; ,.; ,.; .. ,.; ,.; '" ,.; >- \1 Iii '" '" '" N '" ;;; '" >- N '" '" '" '" '" 0 .. ~I ;!: ~I g << '" '" '" M ~ '" >- .. :!i :!i '" .. '" '" '" ::; M '" 0 0 N .. M '" '" M .. '" 0 '" << << I- ,.; ,.; ,.; ,.; ,.; ,.; ,.; ,.; ,.; ,.; '" '" ,.; ,.; ,.; .. ,.; '" ,.; >- ~.. 0 0 0 0 0 0 0 0 0 0 Iii Iii 0 0 0 0 0 :;: o~ '" <; <; << ;;; M '" '" N M .. N M '" .. . >- N N M >- '" '" '" << M .. '" >- '" .'" ,.; ,.; ,.; ,.; ,.; ,.; ,.; ,.; ,.; ,.; '" '" ,.; ,.; ,.; ,.; ,.; " 0 .. g g g g g 0 g g g g g 0 0 0 0 0 0 0 .. <l << " 0 0 0 0 0 0 0 0 0 .. !i 8 g g g ~ g g g g ci g g ~ ci ci ci ci '" N N N g- o 0 0 '" '" '" '" ill .. .. N '" '" '" '" '" N 0 N .. 0 '" 0 0 .. :8 m lli ci g- ui m g :i 0;; .. ,,; ui m ui .. ,..: 1f ui ui '" '" '" '" '" >- '" '" '" '" '" '" >- :: :: >- . "'. '" '" '" "'. "'. "'. "'. '" '" '" '" '" '" '" '" .. '" "'. ::; N N N N .. N N ,..: - '" '" .. g g g g g g 8 8 0 8 8 g 8 g g g g 8 g :;: M " 0 >- !i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g g g g g g ci ,,; 0 '" ~ 0 0 0 0 0 0 0 ~ ci ci ~ ci ci ci ci ci ci ci ci ci g g g ci ui m '" ~ .. g g g g g g g g g g- o 0 0 ~ ~ III " 0 0 0 '" .. '" .... N ,.; N ,.; N N N N ,.; N ,.; ui ,.; ,.; :8 ,.; c: ~ Q) E .... 'C III III c: Q) 0 > :J 0 .. '" :: << g >- 0 >- N g .. 0 g 0 N 0 >- 0 M '" '" .. .5 u- N " '" N '" 0 .. N .. 0 0 N '" '" '" << .. .. .. .. ,,; ~ N ci <ri '" <ri ,.: 0 ,,; ci g g N N i'i N .. .. <Ii .; >- . > !O' ;l; ~ M I;j N '" '" '" N N M I> << '" ;! 'C .cO ~ '" '" "'- M '" >- 0 M. '" M 0 M M .S! M 0 ui .. N ui ui m ~ ;: .. 0;; ~ ,,; N <; ci ui ui N ui ui N 0 ilt .. ilt N .. ill. << >- '" .. ::l >- < Q) c: (J) .. .. '" '" '" 8 '" '" 8 :g :g 8 8 8 '" 8 '" '" '" .. << .. .. 0- . ii g g 8 g g 8 g 0 g '" '" '" '" . 0 0 0 e ~ e . ~ ~ ~ ~ ~ ~ s: ~ N ~ ~ s: s: ~ ~ ~ g ~ ~ 'C e << a '" ~ ~ .. ~ .. , N N 1:l 1:l ~ ~ ~ Ii: ~ ~ ~ ~ > ~ c: .. a; '" '" " <; <; :g :g ., " a; :J 0 0 0 0 0 0 0 0 0 0 0 "C 0 "C "C u- 0 0 0 . . . .. ~ .!l -0 0 l5 l5 .. E " " t; '" '" ci ci Ii Ii ci ci ci ci ci ~ U U 0 0 0 0 0 .5 .. .. . . . . . . . .. '" '" '" '" '" '" '" '" '" -0 . . . . . . . . . ~ '" '" '" '" g g '" '" '" I- 0 " " " " " " " 0 0 0 8 8 8 0 . ~ ~ ~ ~ 0 ~ 0 ~ ~ 0 0 0 0 10 ::; " ~ ~ ~ . . . ~ 0 0 0 0 0 0 0 0 0 0 '" ~ ~ ~ . . . . ~ ~ . . . . .3 0 0 0 0 0 .3 0 0, 0, 0, en til til til ~ ~ ~ ~ ~ ~ ~ ~ :! :! :! :! :! :! :! . . . . . . . . . . "" E E E E E E E E E E i; i; i; 1i i; - - , 0 0 0 0 0 0 0 0 0 0 . . . J: J: J: J: J: J: J: J: J: J: Z Z Z Z Z Z Z ~ " 1! 1! e ~ 1! 1! 1! 1! 1! 1! ~ 1! 1! 1! 1! ~ 1! .. I- " . . . . . . . . . . . . . . . . . . "C "C "ll "ll "ll "C "C "C "C "ll "ll "C "C "C "C "ll "ll vi . . . of . . . of . . '" u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. ::i ~ .. " ~ ~ 0 " .. u oS .. '" '" '" '" >- ill '" '" '" '" Ie 0 >- '" N >- ~ 15 '" '" ill ill ~ ~ M ~ '" >- << N (I ;l; '" ~ > ~ ~ M ~ .. M M ~ ~ .. .. .5 " ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 u w ~ 0 is ~ ,.. ~ ~ U 0. C 0 .~ 0 .. u; N '" M " '" ~ l!l >- '" >- M ~ <( ~ >- "' " z '" :<' 0 N >- .. 0 ~ ~ w u. Z g ~ i2 ~ '" ~ e ii! " 0 '" 0 '" .. " z z .. '" ~ .. >- >- >- >- >- >- >- '" '" ill '" '" " .. '" '" '" '" ill '" '" '" '" '" ill ill '" '" '" '" ~ ~ u; ] M a ::l a M M M M a '" '" '" ill t!! ~ '" " M P P M M P M M M M M e N 0 0 U. M M M M M M ;;; M M M "19C?f M .... a; c ~ '" "- N 0 ... 0 0 ~ (f) " N ~ 0 ~ '" " , ~ W> "- ,Q "" :2 . 0 ~ 0 " E. 0 ~~ "- " u: 0' ~ 0'" 0 0 00 -'" g 0 u: "'.. 0 t- O 0 >- 00 0 0 -'" g g "'.. ~ 0 0 - . e_ ~&! , 0 . ~ 0 .. m m , .. '" '" .. 1i N 0 ill N N N N 'ii < 0 . ~ al .. - - .. <:: N , .. '" m m '" .. 1i N 0 ill N '" " ~ N N .. <<i '" <<i .. .. <<i CIl ..c: 0') 0 ~ ~ '" N N ;;I; '0 Ul ... il .. - N ..; ..; 'i 0 CO CIl D- t) ..a E .J CIl .... 0 a. CIl 0 en 0 . .. .. .. . . . . .. 8 8 8 co co E D- o 0 ~ ~ ~ ~ ~ ~ . " ~ . . E <:: " ~ ~ ~ oil oil .. "- ~ :> 0 0 0 ." ~ > u.. e . .5 0 0 .. 0 ." '0 .. e '0 0 :E ." , t- e '" 0 ~ . e 0 0 0 'c .. ::> '0 ] t- o 0 ~ "i! . 0 ." "lij 'C If 0 E E 0 '" '" c ~ 15 15 '" ~ ~ 11 , e e . . . . .!<! III III '" ... - '" '" e ~ ~ . ~ ~ E <0 :g .. N . ;;; ;;; '" > ;': ;': '" .5 "- . 0 ~ ~ ~ '" 0 c ~ ~ '" Ie '" ~ ~ .5 ~ ~ 0- '" '" . .c ~ :!! in ~ '" . ::> ~ .. .. '" 0 0 () ;': ;': "- 19C-8 5 ~ ~ 0 w w ... N ... N W ~ w ~I ... ... t- O N 0 ~€ ;;; <D 0 0 ~ 0 w m N m ~ N W ~ ;: ~ ~ <fJ '" N ~ ~ ... 0_ ~- ...- ~ W N W m ~ OC 0, of of of ri ri ri .. .. ri ..; t- ;; . i;''tU .2 m > cO; "" w ... w m 0 N ~ ~ ~ w ~ w m ~ . 0 €fi 0 0 0 0 ;; ;; ;; ;; ;; ;; ;; ~ 0 0 0 0 0 0 0 0 ~~ ~ ~ <O! <O! <O! ~ ~ ~ <O! <O! ~ ~ ~ ~ 0 ,ac ;; ;; ;; ;; ;; <L w . Q 0 Q Q ~ Q Q Q 0 0" 0; m 0; 0; 0; 0; m m 0; 0; m m m 0; 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 , ~ w ~ m w w ~ ~ ~ ~ ~ ~ W N N N N m w ;:1; 00 w 0 0 0 ~ 0 0 0 0 ;; N ~ ~ ~ 0 0 ~ m m m m 0 0 0 0 0 0 0 0 0 0 0 0 ,,; ,,; ,,; ,,; " " " " " " " " " " " " 0 :; 0 w w w ~ w w w W N N m w N ... ~ ~ w 0 0 0 ~ 0 0 0 0 N ~ ~ ~ ~ ~ >: ~ w w w w m m m m m m m m m m m m w ,,; ,,; ,,; ,,; ,,; ,,; ,,; ,,; ,,; ,,; ,,; ,,; ,,; .,; ,,; ~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0_ ~ ~ ~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.1! N N N N N N N N N N N , ... " " " " " " " " " " " " " 0 ~ 0 0 0 ~ w 0 ~ w w w m ~ 0 0 w w , ~ 0 0 m '" 0 ~ ~ w w ... 0 0 N '" ;;; " .,; <0 .,; ;; .,; w ;; u; N '" ,,; <0 .,; .,; ,,; > ~ ... 0 W N ... ~ w 0 ... ~ ::/ ~ w ~ w w w w ~ ...- ~- ~ m w m ~ ;; '" '" 0> '" .. '" of ri ;;; ;;; '" '" '" '" 0 0 i! ... m ;;; w w ;; N W N W ~ ... :! :! N N ~ ~ ~ ~ ~ ~ ... w m m . '" ,.: 0; . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 , 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ;;; <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 .; .; I- > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 " 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CJ) CIl . 0 0 <0 '" <0 <0 <0 '" '" '" '" <0 '" '" .; ~. .. w 0 N ;\ ... 0 ~ w m ~ ... N W ;: ;;; ;;; ::;) ::l N ~ ~ ~ ~ ~ ~ ~ ~ ~ w w .,; .,; a:: Ul I- CIl ~ Z CIl >- .... In ..c UI 0 ::l C> "C C> ~ . w w m ~ N ~ 0 ~ 0 m w m 0 .. .. ...J ... , m m ~ ~ ~ N 0 0 ... '" N ... ~ '" '" l- N :r: .,; .,; ;; " .,; ..; <0 <0 N '" u; N ,,; .,; '" ;:i W 0 N m ... ... m 0 ~ ~ ~ N m ~ w J: >-0 ~ m 0 ~ ~ w_ m N ~ m_ ~ ... w "'- "'. CJ) '" ,.: '" :t 0 of 0> <0 ri <0 ,,; ,,; ..e.... 8 w 0 N W ;; ~ ... u; ~ m <1; w ~ ~ ~ CJ) ... , III N ~ ~ ~ ~ ~ ~ ~ ~ w ... ... ... .l!l .,; .,; W CIl CIl i= c ..c ::l CIl E Ul a:: E CIl ~ .... ::;) .... c.>- () UI CIl..c CIl CJ) . ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . . W > "C . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m CIl . C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ CJ) c c. ij ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ <O! ~ ~ <O! . . ~ > > - ::l , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" '" J: .. e "" "" CJ) 0 0 . . <( Cl j; J!l () 0 0 . :5 E , li '" > .E '" '" '" '" '" '" '" '" '" '" '" '" '" '" j; m m m m m m m m m m m m m m 0 w w w w w w w w w w w w w w I- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . . . . . . . ~ 0 . . . . . . . . . . ,. ~ ~ ~ ~ ~ ~ ~ '0 '0 '0 '0 '0 " '0 '0 '0 "iii '0 .~ "iij .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ ,., "" "" "" "" "" "" "" "" "" "" "" "" "" "" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 III III III III III III III III III III III III III III ., .1l .1l .1l .1l .1l .1l .1l .1l u u .1l .1l .1l .1l Cl .Q .Q " <( ~ ;;: ;;: ;;: ;;: ;;: ;;: ;;: ;;: ;;: ;;: ;;: ;;: ;;: ;;: , ~ X X X S S S X X X X X X X S 0 c: ~ . . ~ ~ ~ ~ ~ ~ ~ '" ., t- t- E 0- " 0 ~ <( ;; III 0 > ~ In ., S In ., " w m 0 N ~ ~ ~ W ... w m 0 ., 0 ~ ;;; ;; ~ ." N N ~ ~ ~ ~ ~ ~ ~ ~ ~ <l ." > ., 0 0 0 0 0 0 0 0 0 0 0 0 0 ., .E rJ) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rJ) .. W W W W W W W W W W W W W W '" c: '" m '" <( '" 0 '" .l!I VI '" ~ ~ 'tl ~ ~ <( c: " <( .. 0 8 LL rJ) lD w ... w m 0 N ~ ;! ~ ~ ~ ~ m LL 2' <( 0 0 0 'I <( .. .. .. .. ~ ~ ~ ~ 0\0\ 0\ 0\ 0\ 0\ .. rJ) Gi a. UJ UJ UJ UJ UJ UJ UJ "' rJ) (; Gi J!l 'u ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Gi .. ~ ~ ~ ~ w w w ~ ~ ~ ~ .. ~ ~ . ::J '" '2 m m m m m m m m m m m m m m ::J " in ::J 0 0 ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 ::J '" ~ , ;; ;; " " " " " " ;; '" !!1 :;; 0 0 0 0 0 !!1 c 0 f- w w ~'9"C:g w w w w w w , ~ N ~ '" ~ 0. .... 1Il ::J a: .... ~ Z~1.t) '" 0 Cl ::l 0 ...J ~ N W.... - :I:~~ ~J!!Gi ;:: l:..c ~ " E ii:E.!l ::J - c. U '" " w ~ en !Q " :I: 1Il -0: U ~:E . , ,.,- ~~ ~J!! " . E" . " ~~ ~~ oJ!! ~~ , o . J!! ~ . jj" , c. . , .. > ~ ~ " . , .. > " . c. . , .. > ~ o o "' " . , . " " - c . S . . > .5 c. iii :J o '" o " " OJ -0: - " " E c. o Gi > " "C " a: .. " -0: .IS " .. 1Il a; .Sl <II ::l ~ .... ~ R h ~ ~ ~ ~ ~ ~ ~ 5 ~!I ~ gggg~o8::E~~~~ ~~~C!C!g~C!C!C!ggC!C! o 0 0 0 Q 0 0 5 0 Q 0 0 0 0 ;;; a:; O'i Oi en a:; en m en CJ) en en en en o 0 0 0 0 0 0 0 0 0 0 0 0 0 I'-- 0 r- 0 r- N CD CD Ol r-- 10 co 0 0 <ci u:) cD .....: .....: lX) '" co r- (0 ON (") '<I" LO ,..: r--:....: r-.:.....: ~~~~I~ ~:J I~ ro '" ro 0 N CD 10 en 10 en LO r- '" CD 1'- en N '" '<I" LO ro en CD r- r- en en 0 0 0 0 0 W W <ci ci <ci .....: .....: .....: .....: .....: .....: .....: o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 ro 10 (0 (0 co co (0 0 0 LO 0 N N N '" '" '" (") '" '" '" LO LO r- LO ....: r...:,..:.....:.....: r...:.....:,....: r...:.....: r..:.....: <<:i r...: $g~m~g~g~~~gg~ ~~.~~~~-~~~~~~~: ci citriM a>N..jID-N-oi~..j N M ~ ~ ~ ~ ~ W ~ ro ~ g ~ ~ N- N- N N N ri ri ri ri V- (D- 1'--- r-: .0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000000000 o ci c:i c:i c:i ci ci ci ci c:i c:i ci ci c:i 00000000000000 00000000000000 .0 oll'i..otriciori..oci.o.o.ocici 10 ON m 00 en N (D N r-- IX).... C') .., (D IX) M (0 en N co N LO u) N-N-N-NNMMMri..j-<ilrioci'<i ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ ~ g ~ oj <0""': Lri cri cri ci ~ u:i M ..0 en ~ 1'- ~ ~ ~ ~ ~ ~ N ~ re ~ ~ ~ ci <:? r;r:i r;r:i r-: N r..: r-- ("j- CD- 1lJ" Ol- 1'--- '<1"- ~ ~ ~ ~ ~ N ~ ~ a ~ 8 ~ ~ ~ N N N N N (')- M- (')- oq-- oq-- Ill- Ill- Ill- oq-- 000 000 000 S:::! S:::! S:::! 000 N N N 00 00 00 ~ S:::! ~ ~ 0000000 0000000 0000000 S:::! t:! g g g ~ S:::! ~~~~~~~ .-.-.-.-.-.- .- 00 00 00 t:!t:! 00 NN ClJ ClJ ClJ ClJ ClJ ClJ ClJ cc cc ClJ cc cc cc cc m m m m m m m m m m m m m m ~ ~ ~ m m m ~ m ~ m m m m m m m m m m m m m m m m m m m 000 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ":ii"fii"fii":ii":ii":ii":ii":ii":ii":ii":ii":ii":ii "fii (/}(/}(/}(/}(/}(/}(/}(/}(/}(/}(/}(/}(/}(/} '0 'O"'C"'C '0 '0 '0 '0 '0 '0 '0 '0 '0 '0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 000 0 0 0 0 0 0 0 0 0 0 0 cc cc cc cc ClJ cc cc cc cc cc cc ClJ cc cc ~~~~~~~~~~~~~~ < < < < < < < < < < < < < < ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ III <0 I'-- m m ;;;;;;;; ;; 00000 O'J O'J O'J O'J O'J ~ III ~ ~ ~ ~ ~ ~ ~ o 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 O'J O'J O'J O'J O'J O'J O'J O'J O'J <II "C ~ o lD Oi C. 'u '" ::l :IE 8b~go N(,);!:1ll N N N N N N N N N N cc CC CC aJ aJ CC aJ CC CC CC WWWWWWWWWW III III on on on on In on III on m m m m m m m m m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 0 0 0 0 0 0 0 0 O'J O'J O'J O'J on O'J O'J O'J O'J O'J I'-- O'J m U) N N N N COCOaJaJ WWWW on on on on m m m m ~ ~ ~ 0 Olf9C-10 .. .., ci ~ .. ,,; ~ ~ ,,; ~ o o ci o o '" '" '" Ii N '" ..; ~ ~ .,; N '" :i . 0> E . > '" ." C ~ S o :E , <II ~ ;!: ..; ~ o o ,.: ~ ~ '" .,; .. .., ci !;; ,,; ~ ~ ,,; ~ o o ci o o '" '" '" .; ~ N '" ..; ~ ~ .,; N '" '" ~ . 0> E . ~ ." C . J!l c . E ii > .5 ~ U <II " '" " 1Il 0> CD 0> ~ -0: 11. -0: 1Il a; ::l <II .!!!. '" " " " OJ -0: - " " E c. o Gi > " "C " a: .. " -0: .IS " .. 1Il a; .Sl <II " ~ .... ~8~M~iD (') I'-- 0_ oq-_ 1'--_ N" ~ N N '" ~ ~ N" N- U) I'-- O'J m 0 N (') 888goooo S ~ S:::! S:::! S:::! S:::! ~ S:::! OOOOQQ"'.....OO mmmmm mm o 0 0 0 0 0 0 0 N~ ~q;g~:g I'-- I'-- m m m m m 0 ID ID ID ID cD cD ID r...: mol'-- (') U) oq- m N ~ ffi ;:: tilj ~ ~ :;g 0; cD ID ID ID ID ID cD cD 000 ~ ~ ~ r--: r--: r--: o 0 0 0 0 on on on on on NNNNN r...: r...: r--: r--: r--: g~~(')gw~m c:i cO oj .0 ci r--: M I'-- ~8~~g~_~~ N"M(')-N"6 r-:N" !;;:;n~gg;::~~ 00000000 00000000 ci ci ci ci c:i ci ci c:i 00000000 00000000 6ui..oon-61ll-6..o ~i'O~m;gffi~~ 12 ~ g ~ g ~ ~ :;g cO .0 N oj .0 c:i N on O'J on I'-- NO U) ON.., 6r-:a; aion-N"m- ~~~(O~R~o; 00000000 00000000 00000000 SS~S~~~t:! 00000000 ~~~~~~N~ 00000000 m m m m m m Ol m O'J O'J O'J O'J O'J O'J O'J O'J m m m 01 01 01 m m o 0 0 0 0 000 ~ ~ ~ ~ ~ ~ ~ ~ "~ "~ "~ "~ "~ "~ "~ "C: ~ ~ ~ ~ ~ ~ Q) Q) (J) (J) (J) (J) (J) (J) (J) (J) '0 '0 '0 '0 '0 '0 'O"'C ~ ~ ~ ~ ~ ~ ~ c: o 0 0 0 0 0 0 0 CC CC CC CC co co aJ aJ ~~~~~~~~ <<<<<<<< nnnn :g~~~~~8~ 00000000 m m O'J O'J O'J O'J O'J O'J '" "C " o lD Oi Q. 'u '" ::l :IE U) I'-- m m 0 N (') 0000 66666666 00000000 WWWWWWWW III III III on on on on on mmmmmmOlOl 00000000 00000000 co co co co co co m m f-U ~'" f- ,Q ~ o Q. NO 00 N ~ q: W m> ,," . 0 ~ 0 ~~ '" 10 o , ~ ~ ~ o o m o ;! 8 ~ ~ . . o , ~ M " Cl ~ "- t- III ::> l>: t- (I) Z.!!1l) UlO O::l 0 ...J ~ N W t- - :I:~~ ~ ~ ~ - r:: .c !:: " E e::: E -s ::>-0. o :g QJ W > III III r:: i:- III ..: u n' 0, i;'1O 0," €! EO m '" ~~ ~~ -" c_ ~&! , u "$ o m 20 ~ , "- " , ;; > ;; i! ~ '" " , ;; > " m "- " , ~ ~ o o ., " " , o .. " - C " S o " > .5 "- OJ :J U (;' r:: (I) '" ..: - r:: (I) E Q. o 0; > (I) " (I) l>: CO r:: ..: .l!! r:: CO III a; .e UI ::l ~ t- ...... N CIO (<) CO (") I M ~~~~r::~ :2 ri(')-M..j..j~- M .., 0.0 CD ~ O'J CD 000000 t:! t:! ~ St t:! t:! 000009 Q; ; ;;; (;; en m 000000 ~15 ~~5H~IS m '" '" N ~ 000 ,...:,...: .....: ~ m <! <! ,...,: ,...: 000000 0.0 U) 0.0 It) L() '" C'<.I N N N N ...... ,...:,...:.....:,...:,...: to ([) 0 <D 10 0 0 OOM(\IOO oj .0 cD to 0 0 lJ) ...... 0.0 10 0 0 (") (0 (0 (0 CO_M ~~f;j~ffvg CIO en N.....o co. <0. 000000 000000 c:i ci c:i c:i c:i c:i 000000 000000 ocicicicicici an N 0) (0 .., N co en 0) o. t\!. M '<t N 0 L() 0 co It) (") (0 M .... c-..i a:i a:i N c:ri ~ 10. M ~ ~ ~ c.o ai -<i r--.- m- CD .... N en t- lO 00 CD o. o. "'!. 00 00 00 ~ t:! ~ ~ 0000 0000 0000 t:! g ~ g 0000 """ " ............. .... oouuoo Ol 0) 0) 0) 0) (Jl IX) CIO co a) 00 CIO 0'10) 0) CJ) CD CD ~ :fi gj gj gj gj "I:: "t: 'I:: 'C 'C 'C (ll (ll (ll Q) (ll IV (1)(1)(1)00(1)(1) "0"0"0"0'0"0 c;: (; C c: l:: C 000000 co c:c co. co lD m ~~~~~~ C(C(C(C(C(<( x x x >< >< x m m ClI III 1lI (II I- I- 1-1-1-1- m 12 r:: ~ ~ ;! 000000 000000 CIO co CIO co co co .. ." r:: o OJ .. 0. 'u 'c ::l ::E .... 10 CD...... CIO (Jl 000000 uouuUC,) w w w w UJ UJ Ltl Ll'l 0.0 0.0 0.0 Lt'l 0) CD CD CD CJ) CD 000000 000000 CIO IX) 00 00 00 00 '" .. ~ m N .. '" ~ o o ci o o o ~. ~ ~ "' '" ~ "' "' N "'. ~ " '" ~ " ~ " c m B :ll , UI M ::! ,.; o ~ m .,; "' ~ '" .,; '" .. ;:: m N .. '" ~ o o ci o o o ~ .: ~ "' '" ~ "' "' N '" ~ " Cl ~ " ~ " c m :J c " S m > .5 B o .... W UI (I) 'r:: (I) III '" co '" ~ ..: II. ..: III a; ::l 19 >- o r:: " '" ..: - r:: (I) E 0. o 0; > (I) " (I) l>: CO r:: ..: .l!! r:: CO III a; .e UI :J ~ ':-1 B~~~!~;~I~ <0 I'-- co 0) 0 N (") "" o.n <0 ~ (10 CD g g g goo 0 0 5 0 0 0 0 0 ~~~~~t:!~~~~~~~~ o Q Q 0 0 e ~ ~ 0 0 e ~ 0 0 Oi Ol Cl 05 as (T.I ..... ...., as as C) ..... Oi m o 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 "' ~ 0 "' ("J l'- O. c;; ~ ~ '<1"'1'--. N ~I~ ~~~H~~~~~~H:I~ ~ ffi M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ commoooa cD cO ci r--: r--:....: r--: ,...:,...:....:,...:,...: ,...: 000 0 0 0 0 0 0 0 0 0 0 0 o.n o.n o.n o.n o.n o.n o.n o.n o.n o.n o.n o.n o.n 0 N N N (") (") (") ("J (") (") (") ("J (") ("J "" r-..:,...:.....:,...:,...:.....:,....;....:"":"": r...:,...:.....:.....: m ~ g g ~ ~ ~ ~ ~ g ro ~ g g m N 0 ~ M Ol ~ M 0 ,...: ~ 6 ~ :;;ij~~~&tCO~~~_~~~~ ~ ~ ~ ~if ~;f r- gf Oi r:: t: f;j- ~- ~- :2- co <0 t- co <0 Ol Ol O. N. 1"-. 0 (') '<t N- ('..f (',f o 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 6 ci ci ci ci ci ci ci 0 ci ci ci 6 ci o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 .n or) c;i ci It'i 1,1')- ao- 10- .n ci ..n &n- .,rf ll'l- l2ffii!g[ggo_g_a:J~~_~;D_g_ ~ ~ :;; ~ g 0 g Oi ~ ~ ~ ~ M g tric:iNMtriMNcDc:i~ '<igLri ~ ~ ~ ~ ~ re ~ m ~ N ~ ~ o.n ~ ,...: 00- 'if r-: <'i ori (D- CQ- ci r--- '<t- ~- ro ;;; l2 ffi i! g:;; ~ ~_ 0 ~_re_~_I.O_l2_co_ 00000 00000 00000 C! C! C! t:! C! ~~~~~ 000 0 0 0 0 0 0 o 0 0 0 0 0 000 o 0 0 0 0 0 0 0 0 ~ggg~g~g~ o COO 0 0 0 0 0 ~~~~~~NNN wwwwwwwwwwwwww Ol CD Ol Ol CD CD CD CD CD m m m m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m m ~ m ~ ~ m m m m m m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ ~ ~ ~ ~ ~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ .~ cncncncncncncncncncncncn uuuuuuuuuuuu c c c c c c c c c c c c o 0 0 0 0 0 0 0 0 0 0 0 en en en en en en en en en en en en ~~~~~~~~~~~~ <<<e<e<e<<<<<<< ~~~~~~~~~~~~ o 0 " " .1:: .C " " "'"' " " C C o 0 .,al g~ <<( n ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ g m o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .. ." r:: o OJ .. Q. 'u .~ ::l ::E ~ ~ ~ g 0 ~ M ~ ~ ~ ~ ~ m ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m m m m m m m m m m m m m o 0 0 0 ~ 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 ro ~ ~ ~ ~ ~ ~ ~ ro ro ro ro ro ro o ~ '" N '" "' m '" :: o o ci o o "' ~ "' "' .. N ;:i "'. ~ N ~ "' " 0> ~ " > < " c m B o :E , "' ....u ~< .... ,Q ~ o "- NO 00 N ~ :q: v W> lit & ~ ~~ ~ 0- c , ~ ~ "- C C m c ~ 8 ~ ~ . . o c ~ ... ~:E' .. - ~I- ~I- ~I N 0 f- 0 8 0 0 :: M M (f) <: N ~ .. I " " ex: '" . , ..; .; .; ;; . .. ",;; f- m > "- Il.. ,Q lit ., 0 . 0 ~.!l N 'E ~ ~ 0 E . ~~ s: 0 ~~ "- w 0 ;;; 0 .. 0 0, ~ ~ " 0 ~I~ ~ 010 0 I~ ~ ~ ~ <0 ~ N ~ ~ 00 ~ 0- M 0 '" ~ ~ 0 '" M N N M M .0 .. .. 0 ~ 0 - ~ ~ I ~ ~ ~I 00 ~I ~ ~ <0 0 ~ "- ~ " 00 M 0 '" 0 - - 0 00 <0 '" ..; N N ..; .. .. -~ 0 0 0 0 O_ N ~ ~ 00 ~ 0 '" "- "'" ..; ..; .0 , 0 ~ 0 0 N N N N N ~ ~ ~ , ~ 0 00 .. .. 0 0 N N N ~ .,; .,; ;; ~ ~ N N ~ .. .; N 0 N N 0 N ~ 00 0 ~ ~ ~ ~ 00 on '" ;i ..; ~ ..; :i .. ~ ~ ., ;;; ;;; 00 00 00 '" <0 0 ~ ..c .,c .. .. .. ~ 0 0 N N N N N ~ ~ ~ , 0 0 ~ ~ .. 0 0 N N N .. .,; .,; ~ '"' ~ N N .0 .. .; > 0 0 :! N N 0 0 N " 0 0 ~ ~ ~ ~ <0 0 on '" ;i ..; ~ ..; ..; 't 0. M ~ ., ;;; <0 00 ~ ~ <0 <0 on .,c .. .. f- rn ::l 0:: f- ., Z .. '" - ~ .. 0 N N N N N ~ ~ <JI 0 ~ C ::l 0 , N 0 .. :l :l 0 0 N N N ~ ..; .,; ~ N N .0 .. .; ..J ~ N 00 0 :! :! N N 0 0 N W f- - ~ '" 0 ~ ~ ~ ~ <0 :c>,0 0 N '" ;i ~ ~ ..; :i 't .0'" 0 ~. ;;; rn ~ "' ~ <0 00. '" 00 <0 w.l!l ., on .,c .. .. i= c: .0 ., E 0:: E ., ::l- - U <JI a. ., w ~ rn rn c: . . ~ M M ~ ~ :'l ~ M . ~ :;:- . " 0> 0 0 0> 0> 0> 0 0> 0> 0 E 0 0 E 0 0 E ~ 0 E E E rn e ~ ~ ~ . ~ ~ ~ ~ . ~ <( ~ ~ ~ ~ ~ > , 'jj 0 0 M " U 0. ~ ;;; M " " " " " " 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J!l i J!l ! ~ J!l 0 0 0 ~ ~ ~ s S .0 S , , , . <JI . '" '" . ~ ~ ~ > 0 c > .E , , .E .E Jj ~ ~ Jj " Jj E ", .. 0 E 0 0 0 .... 0> 0> .... 0 'E .... " " ~ :J E ~ ~ 0 tl . . 0 0 0 0 0 ;; , .,. .,. 2 ~ , , .... 0. . . c .. 0 0 ~ ~ ;;; '0 .... .... ;; 0 >. . . '" ~ 0 " c ~ c: ~3. '0 c: '" , .. .. >- . a. ~ ~ '0 a. z " III .!! E 0 0 :c E al " '" 0 0 i: 0 '0' u 's u .. - - ~ - <JI " <JI c.. 0 ::l <( ::l - ~ <( ~ ~ ., E <JI I- ., I- 0:: il ~ 0 .~ ~ ., ., E J!l ~ 0 c: J!l 0 ;; ~ > 'l: 0 ;; '0 ~ .E ., .l!l c: 0 .l!l c: 0 0 rn :> <0 <0 c.. ::l <0 00 U <JI 0 <JI 0 m <D ., .. ~ .. 0 :: u u 0> U c: U c: ~ 0> >- <( <( >- "" <( - - .fI -.; ~ c.. z ~ z .fI ~ 0 III ~ c: III ~ c: 0 .. .. .. ~ U ;; ::E ~ 0 rn ;; ::E ~ ., rn 2i .l!l ~ 0 .l!l ~ ;; ;; ,., 0 0 ;; ~ ;; 0. .. 0 0 0 * ;;; ::l <JI c: <0 <0 ::l Ul c: 00 <0 ::l Ul 2 0 '" '" Ul ::l 0 '" 0 '" Ul 0 => .!!J. >- >- 1 st-1 '2 >- (; >- 0 I- ::E ::E .!!J. c '" '" '" '" 0 ~ "' ~r -1- ~I- ~I- l- t) 8 0 0 ~ U) q: N ~ Cl 0, '" :; . ~ i;'1G I- W> a. 0,", ,Q at "0 . R €.!l 1'; ~ . , . 0 ~~ ,0 a. ~ 1ii Q '"' Q ~ , 0 0 0 I~ 0 0 l~ 0 ~ ~ '" 0 ~ W N N N N N N N ~ "' "' "' N N N N Q N '" '" '" '" '" ,.; Q ~ 0 0 0 0 '" I ~ ~ '" I~ ~ ~ ~ " " ~ :: :: :: :: ~ " " " N '" '" ~ ,.; ,.; '" ,.; - . 0 0 0 e_ N N N . . "' N N t'" N '" '" , 0 . " " " 0 0 0 "' "' "' , N N N '" '" '" " " " ;i .,; .,; .,; .,; .,; .,; .,; .,; .,; 0 0 0 '" '" '" ;; N N N N N N ~ ~ .. <5 <5 <5 ai ai ai i! ~ M M ~ ~ ~ . ~- ...- .... <0 ~ ~ '"' . " " " 0 Ii! 0 "' "' "' , N N N '" '" " " " .. .,; .,; .,; .,; .. .,; .,; ~ ~ > 0 0 0 '" '" '" ;; N N N N N N ~ ~ ~ <5 ,,; ,,; ai ,,; ,,; .. M M M ~ ... ... ~- ...- ::: <0 ~ ~ ?- m ::l '" I- a> ~ .s on . " " " 0 0 0 "' "' "' In 0 , N N N '" '" '" " " " 0 :J 0 .. .,; .,; .,; .,; .,; .. .,; ~ ~ oJ ~ '" > 0 0 0 '" '" '" ;; wI- - ~ N N N N N N ~ ~ <5 ,,; ,,; ai ,,; ,,; :1:>-0 0 M M M ~ ... ... .0'" 0 ~- .... ...- <0 ~ ~ ~.l!l ~ al , a> - c: .0 !:: a> E "'.s a> - ::l In Q. U a> a> w> 00 ~.:: . . 1\ . . M . . 1\ . . 0 ;; 0> 0> 0 0> 0> 0> 0> :I: . 0 0 ~ ~ 0 ~ ~ 0 ~ ~ ~ ~ ~ ~ 00 e . . . . . . <( ~ ~ 0 > > > > , 0 <( <( Q ,<( <( U .. " ~ "D "D "D "D ~ "D "D 0 e e e e 0 e e ~ . . . ~ ~ I ~ I .!l Jj .!l e e . . B . .5 E " .5 , , 'il , ., 0 In In 0 . . > > > .E .E .E ~ Jj ~ 0 .... ~ .... , 0: '" , '" '" ~ . , , ,!! ~ 0 . ~ ,!! . 0 ,= E" AI AI >- . >- >- ~ "- ~ ~ . c: '" c: c: , .. .. . .. . ~ OJ "D 0 Q. C. Q. . '" E E "- E "- 0 0 <( 0 U U In U " - a> - a> - 'E In 0 In ';: In :J :J :J . ~ .. ~ .. ~ E I- a. ?- m l- . 1\ ill '" . c: .l!l c: E .l!l en c: .l!l 0 > ~ 0 .; 0 '" ~ .E .s " .s " 0 en .. " 0 , " :;; , " ~ - ~ " In 0 In 0 In 0 m .. U .. ~ u .. ~ u 0 := u c: u c: u ~ <( <( <( <( <( >- 11 .l! >- 11 .l! >- - ~ z z z ~ 8 III ~ c: III ~ c: III ~ " ~ .. ~ .. ~ " ;,; ll! ;; 00 ;,; ll! ill 00 ;,; ll! '" ~ .s ~ ;,; .s ~ 0 ;,; .s ~ ~ . .. 0 0 0 in In " " :J In 9~-1 :J In " " . :J 0 ., In :J 1 3 In :J 0 ., Q :J ~ >- ~ ~ >- c 0 I- ::& '" .!!J I- .!!J l- ll! '" , ~ 1------ I -I~ -I~ ~I~ f-- '-' N 8 , <D ~~ ~ 0 m CI) <: N ~ Dl 0' '" ~ ~ "'01 f-- . 0- Il:e .Q W> <it ~ . 0 €$ ~ ~ , . 0 ~~ ,c 0- ~ 01 0' :e 0 ~, '" 0 0 I~ 0 ~ 0 0 0 ~ i'" w N 0 ~ N N N N '" <'> 0 N N N N 0 >- ,; .. ,; ,; ,; ,; ,; ,; 0 ~ 0 W '" I~ ~ ~ ~ ~ '" ~ W W 0'; ~ ~ ~ ~ ~ ~ <'> <'> <'> ..; ,; ..; ..; <'> ,; ~~ 0 0 0 0 c_ O N ~&! N 0 N N , ,; .. ,; ,; 0 m '" 0 '" '" <'> <'> .., ro ro , <'> '" m m w ~ ~ '" '" .. .. ci .. .. ,,; ai ai ci ci > w '" ~ W ~ ~ m ~ ro m m ~ ~ ~ ,,; .. .. ci <5 0 0 0 m m . N N N '" '" :e ,,; .. .. ~ '" 0 '" '" <'> .., .., ro ro , .., '" m m w '" '" W ~ !i .. ci .. .. ai ai ai ci ci '" ~ ~ W ~ ~ m ~ " m ro m ~ ~ . ,,; .. .. <5 <5 .. 0 0 0 m m N N N '" '" ,,; .. .. ?- m ~ l>: f-- m ~ m It) - m '" 0 '" '" .., .., .., ro m .. 0 , .., '" ro m '" '" '" '" ~ c " 0 .. ai ci .; .; ,,; ai ai ci ci .J ~ N > '" ~ ~ '" ~ ~ m ~ wI-. .. m m m ~ ~ :I: ...0 0 g ,,; .. <5 <5 0 0 m m .eM 0 N N N '" '" gjJ!l ~ '" , ,,; ,,; .. " ;:: r:: .e m E i>: E 2 ~- c. U .. " w ~ m m r:: $ $ .., <'> m m .., . . <'> . :;:- . 0 0 0> 0> 0 0> 0> 0 0> . 0 0 0 ~ ~ 0 ~ ~ 0 ~ m jj <! <! . . <! . . S . <I: ;;; ;;; > > ~ > .l' .l' , .. .. .. <'> u .. ;;; ;;; ;;; 0 0 "0 "0 0 "0 "0 0 "0 c c c c c . . . . . S II ~ E ~ c '0 . . E jj '" E , , ii , .. . '" '" . > > .5 .5 S S {!. 0 I- "'''' '" '" , , , , 0 0 . . m m m m ~~ ~ ~ l- I- ~~ "0 11 ~ .., " ... ee ... r:: ~ . r:: . . r:: . 0 . , .. ~~ .. "0 al "0 0 C. C. . . '" E ~ ~ E ~ > ~ al 0 <I: 0 " u U l>: " .. - .. - '" " " ~ 'i: .. 'i: .. a> c " " a> . " ~ " ~ ~ E m ?- m I- <I: .. a> r:: N <'> co E '" i!i . J!l 0 0 J!l 0 LL J!l > co ~ 0 0 a> 0 0- 0 .5 a> 2 r:: 0 0 a> 2 r:: 0 r:: 0 ~ " ., ., ~ " ., - " ro .. .. " .. m .. " 0 .. ~ 0 .., " 0 0 r:: := " r:: " .~ ~ " ~ " " " <I: e( <I: e( l- e( .B > - .B > ~ ~ ui ]I w Z m Z m r:: 8 r:: al .. r:: al .. " :::i ~ :; ~ " .. .. ~ 0 ~ ~ m ;,; :IE N <'> m ;,; :IE '" U ;,; :IE '" ~ 2 0 0 2 0 2 0 ;,; '" 0 0 ;,; '" 0 ;,; ~ 0 . .. m 0 0 m 0 0 in " .. r:: ., ., " .. r:: ro " .. r:: ro " .. " 0 '" '" ~ d-1 '" '" " 0 '" 0 " ~ ~ >- ~ ~ >- 0 0 .!!! I- :IE Of) .!!! I- :IE Of) , ~ ... ~~ ~I~ l- e) N 0 0 0 ~ <JJ <( N m Cl 0" 0: ~ . ~ "'1l I- ,,; > "- .!l.. ,Q at ~ . 0 :.o-.!l ~ ~ E . ~~ 0 ~~ "- w . 0 :; 0 ~, ~ ~ ~ 0 0 0 0 "- w '" N '" '" ~ '" m m m 0 ..; " " " 0 ~ 0 w 0 0 0 w :: "' "' '" ~ "' '" '" ..; " " " ~ . 0 c~ N ~&! m , " " . '" m m m , w m m m ~ ci ..; ..; ..; m "' '" "' ..: ci i! m . ~ :; . '" m .. .. , w m m m ~ ci ..; ..; ..; ~ "' "' '" " ci . Q. m ~ l- V) ::J 0:: I- " ~ .s on . "' m m .. II> 0 , w m .. .. C " 0 .. ci ..; ..; ..; .J ~ .... > ~ '" "' '" wI- - ~ ci :1:>-0 0 .0'" 0 .. w fflJ!l ~ III , " ;:: " .0 " E ii2 E .s ::J- c. () II> " w!!i V) V) " . .!l . ~ . . :;::- 0 . 0> 0 0> 0> . E 0 E E ~ " S! V) ~ . . . > > > <l: , " Q " " () Q. 1\ '0 '0 '0 C C C . . . J!l I J!l c c ~ . S , S 0 II> 0 . . > > .5 .5 II ~ ~ 0 , 0: '" , 0 . ~ 0 e> >- . " ~ . " '" , .. ~ 0 <l: c. '" '" E 0 0 0 .... () " Cl - << II> " " . '6 ~ S " I- 0 " " 0 . .!l > - ~ ;; .5 " .s l: 0:: " "' II> 0 0 .. ~ u 0 " u ~ <l: <l: .l!l >- ~ w Z " 8 " III -" ~ " .. ~ ~ V) iIi ::E 0 Q. iIi .s ~ ;; . u; " II> l: "' . .. " 0 en 19C-15 0 " ~ ~ c " .!! I- ::E 0 ~ 19C-16 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 1 ,t Reading D Ordinance on 2'" Reading D implementing Resolution D Set Public Hearing For APPROPRIATION ADJUSTMENT FOR HABITAT CONSERVATION FUND PROGRAM GRANT AWARD t21fi2r2 ITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve an appropriation adjustment recognizing $50,000 in State of California Habitat Conservation Fund Program grant funds in revenue account (account no. 169-01-5378) and appropriate same to the Habitat Conservation Fund Program expenditure account (account no. 169-268-6631). DISCUSSION The City of Santa Ana Parks, Recreation and Community Services Agency was successful in receiving a $50,000 Habitat Conservation Fund Program grant from the State of California Department of Parks and Recreation for the restoration of habitat at Santiago Creek around the Wildlife and Watershed Interpreti ve Center. The proj ect includes restoring and enhancing the native vegetation of Santiago Creek within the Santiago Park Nature Reserve. FISCAL IMPACT The appropriation adjustment will enhance the State of California Habitat Conservation Fund Program revenue account (account no. 169-01-5378) and expenditure accounts (account nos. 169-268-6631) by $50,000. Ge<ar~':.~ IfJ Executive Director, Parks, Recreation, and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: ~l\.C\."";'~r., hl Francisco Gutierrez Executive Director, Finance and Management Agency /- r, Services 20A-1 20A-2 REQUEST FOR COUNCIL ACTION ~ s'(~< """v' "r'" CITY COUNCIL MEETING DATE: November 7, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT RENEWAL AND AMENDMENT FOR PHOTOGRAPHIC LAB MATERIALS AND EQUIPMENT (SPEC. NO. 03-088) APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For v~ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contract with Graphic Distributors and Cal' s Camera & Video for a one-year period in the annual amount not to exceed $44,282. DISCUSSION Various City agencies utilize photographic film and supplies during the course of City business. In addition, the Police Department purchases photographic film, chemicals and paper for use in their processing lab. The commodities allow the Police Department to meet requirements such as documenting domestic violence, photographing fingerprints, crime scene investigations, courtroom displays, and traffic accident investigations. The Public Works Agency uses Polaroid film and cameras to document graffiti throughout the City. On November 17, 2003, the City Council awarded a contract to Graphic Distributors and Cal's Camera for a two-year period with provision for two one-year renewals. The vendors have performed satisfactorily during the past contract period and have agreed to renew without increase in pricing. However, a projected increase of $10,000 is included for Graphic Distributors to accommodate increased need for graffiti documentation. Staff recommends the third renewal of the contract. 22A-1 CS :)6-\ Contract Renewal and Amendment for Photographic Lab Materials and Equipment (Spec. No. 03-088) November 7, 2005 Page 2 FISCAL IMPACT Funds are available in the various departmental accounts for Operating Materials & Supplies accounts (object code 6391). ':\:\\.~~'0~"'t.,.~ U. (~'" Francisco Gutierrez , Executive Director Finance and Management Services AgenC~ FG/SH/03-088-RA.2:uc 22A-2 REQUEST FOR COUNCIL ACTION tJt1 ~~ CITY COUNCIL MEETING DATE: NOVEMBER 7, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACTS RENEWAL FOR JANITORIAL SUPPLIES (SPEC. NO. 04-106) 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 OAa. CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contracts for janitorial supplies for a one-year period in a total annual aggregate amount not to exceed $78,625 with: Gale Supply Company Kathco Products Maintex, Inc. Waxie Sanitary Supply Xpedx DISCUSSION The Central Stores Section of the Finance and Management Services Agency provides janitorial supplies such as brooms and brushes, trash cans, cleansers, polishes, soaps, and disinfectants as necessary to maintain the needs of various departments throughout the City. The contracts for janitorial supplies are designed to provide quality products at a significant savings based on quantity pricing. On October 4, 2004, the City Council awarded contracts for a period of one year with options for two one-year renewals. Gale Supply Company, Kathco Products, Maintex, Inc., Waxie Sanitary Supply, and Xpedx have agreed to the first renewal option to the contracts. However, the manufacturers have requested price increases due to increased costs in fuel, transportation, and insurance, as well as cost increases resulting from the recent disasters in the Southeast. The vendors have performed satisfactorily during the past contract period and staff recommends authorizing renewal of the contracts. 22B-1 CSCJd;) Contracts Renewal for Janitorial Supplies (Spec. No. 04-106) November 7, 2005 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials and Supplies accounts (object codes 6391). ~\\.t\~~,,,,,,.. ~.~ :--,~ > ~~Francisco Gutierrez , Executive Director Finance & Management Services AgenC~ FG/TO/04-106-R.2:uc 22B-2 REQUEST FOR COUNCIL ACTION ~ \t:,\,wat!(,r, h'l) "'~ CiTY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: CONTRACT AWARD FOR CLASS I TREE PRUNING AT THE SANTA ANA CIVIC CENTER (SPEC. NO. 05-104) 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 (24lz CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to all trees at the $69,945. Great Scott Tree Service, Santa Ana Civic Center Inc. to Class I fine prune complex in the amount of DISCUSSION The Parks, Recreation and Community Services Agency is pruning all of the trees located at the Santa Ana Civic Center complex. Pruning the trees restores their visual appearance, removes any safety hazards and is part of a normal maintenance program designed to keep the trees healthy. An ISA Certified Arborist will supervise the Class I fine pruning of the City trees. The notice inviting bids and bids were solicited. received is as follows: was advertised on September 28 and 30, 2005, A summary of the bid invitations and bids 13 Invitations For Bid mailed 4 Invitations For Bid mailed to Santa Ana vendors 3 Bids received Bids were received, opened on October 12, 2005, and evaluated (Exhibit 1). The bid received from Great Scott Tree Service, Inc. is responsive to the specifications and meets the City's requirements. 22C-1 C'; :iKl Contract Award for Class I Tree Pruning at the Santa Ana Civic Center (Spec. No. 05-104) Page 2 FISCAL IMPACT Funds are available in the Civic Center Maintenance Other Contractual Services account (account no. 74-242-6291) APPROVED AS TO FUNDS AND ACCOUNTS: /(~~;._~_ .l.c--G_ L;C"(~ f II ~,' '=\1\.C'.~~""'r^-, ~:-, ~~Francisco Gutierrez Executive Director Finance & Mgmt. Services , ;' 0"1:-(.<.-"}' , Gerardo Mouet , Executive Director Parks, Rec. & Comm. Svcs. Agency GM/WO/05-104.8:uc 22C-2 "r 1-/ Agency ABSTRACT OF BIDS CONTRACT AWARD FOR TREE PRUNING AT SANTA ANA CIVIC CENTER (SPEC. NO. 05-104) Great Scott Tree Service, Inc. Treesmith Enterprises, Inc. West Coast Arborists, Inc. Location: Stanton Anaheim Anaheim Terms: Net 30 Net 30 Net 30 Price: $69,945.00 $96,012.00 $107,295.00 Sales Tax Included Included Included @ 7.75%: Total: $69,945.00 $96,012.00 $107,295.00 1% Local Vendor Preference N/A N/A N/A EXHIBIT 1 22C-3 22C-4 REQUEST FOR COUNCIL ACTION ~ ~~i?, v '\;~ CITY COUNCIL MEETING DATE: NOVEMBER 7, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACTS AWARD FOR TROPHIES, PLAQUES AND AWARDS (SPEC. NO. 05-084) 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 f)fia<" CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award contracts for trophies, plaques and awards for a two-year period, with provision for three one-year renewals, in the following annual amounts not to exceed: Vendor: Location: Amount: Players Choice Signature Awards Santa Ana Santa Ana $20,000 $20,000 DISCUSSION The Parks, Recreation and Community Services Agency's sports and youth guidance programs require trophies, medals, and plaque awards to recognize participants for their achievements in soccer, baseball, flag football, track and field, swimming, and Project P.R.I.D.E. In addition, various other agencies require plaque awards to recognize outstanding employees and citizens of the community. The contract for trophies, plaques, and awards is designed to provide quality products at significant savings based on quantity pricing. To help ensure that all necessary items are available when required, staff recommends awarding a contract to two vendors. The notice inviting bids were solicited. is as follows: bids was advertised on July 27 and 29, 2005, and A summary of the bid invitations and bids received 12 Invitations For Bid mailed 2 Invitations For Bid mailed to Santa Ana vendors 4 Bids received 2 Bids received from Santa Ana vendors 220-1 CSJIl:1 Contracts Award for Trophies, Plaques and Awards (Spec. No. 05-084) November 7, 2005 Page 2 Bids were received and opened on August 9, 2005 (Exhibit 1). The bids were evaluated by price, range of commodities, and vendor location. The bids received from Players Choice and Signature Awards, both Santa Ana vendors, are responsive to the specification. Annual amounts are based upon past usage and staff's projection for the next year FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391) APPROVED AS TO FUNDS AND ACCOUNTS: /;., -1: /tl ~~ /~""?-~~--- 1& )I Gerardo Mouet / Executive Dire6tor Parks, Rec. & Comm. Svcs. Agency ':\-1\~~lI-~~t' " ~~~ ,fFrancisco Gutierrez Executive Director Finance & Mgmt. Services Agenc~ ~Jjv~\ l" \~ Paul M. Walters Chief of Police GM/PMW/EJA/WO/05-084.875:uc 220-2 ABSTRACT OF BIDS CONTRACT AWARD FOR TROPHIES, PLAQUES AND AWARDS (Spec. No. 05-084) Vendor Location Price Tax @ 7.75% Total Cost 1% Local Vendor Preference Players Choice Santa Ana $5,496.82 $ 426.00 $5,922.82 <$ 592.28> Signature Awards Santa Ana $5,815.70 $ 436.17 $6,251.87 <$ 625.18> EXHIBIT 1 220-3 Blue Ribbon Trophy Orange $8,211.00 $ 636.35 $8,847.35 N/A Champion Trophy Co. Orange $8,229.00 $ 637.74 $8,866.74 N/A 220-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE; APPROVED APPROPRIATION ADJUSTMENT AND CONTRACT AWARD FOR LOGAN NEIGHBORHOOD REHABILITATION (PROJECT NO. 05-7807) D As Recommended D As Amended D Ordinance on 1 st Reading o Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For ~ /1 , , ,/ ~J~, CONTINUED TO ],u-- FILE NUMBER CITY MANAGER \. ECOMMENDED ACTION 1. Approve an appropriation adjustment accepting $1,485,502 into the Traffic Congestion Relief Fund (account no. 28-01-5360-2928) and appropriating the funds in the Traffic Congestion Relief Fund (account no. 28-552-6631). 2 , Award a contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $655,047.50 for construction of improvements in the Logan Neighborhood. 3. Approve a Funding Analysis with a total estimated construction cost of $899,500, DISCUSSION Segments of Washington Avenue, Custer Street, Logan Street and Stafford Street located within the Logan Neighborhood have been identified as a high priority for rehabilitation in the City's pavement management system (Exhibit 1). The pavement is deteriorating due to weather, age and heavy usage. Some of the adjacent curbs, gutters, sidewalks, cross gutters, driveway approaches and wheelchair ramps are also in various states of disrepair and require replacement. This project provides for the construction of new street pavement, replacement of damaged curbs, gutters, sidewalks, cross gutters, driveway approaches and wheelchair ramps. Once completed, these improvements will enhance the ride quality, surface drainage and visual appearance of the neighborhood. 23A-1 Logan Neighborhood Rehabilitation Project No. 05-7807 November 7, 2005 Page 2 In 2002, Proposition 42 was passed by California voters. It dedicates the sales tax on gasoline to transportation projects, including repair and maintenance of local streets and roads. Cities and counties will receive $254 million for local street and road maintenance projects. The City of Santa Ana's share is $1,485,502 for FY 05/06. It is recommended that the City commit these funds to the Logan and Delhi Neighborhood Rehabilitation Projects as well as to street maintenance. The Notice Inviting Bids was advertised on September 15 and 17, 2005, and bids were opened on October 6, 2005. A summary of the bid invitations mailed, received, and bid results follows. Santa Ana Contractors receiving notices: 11 Contractors requesting bidding documents: 7 Bids received: 4 Bids received from Santa Ana Contractors: 1 Name Of Bidder City Bid Amount 1. Hardy & Harper, Inc. 2. Sequel Contractors 3. R.J. Noble Company 4. All American Asphalt Santa Ana Santa Fe Springs Orange Corona $ $ $ 798,056.25 $1,039,622.50 655,047.50 775,020.00 A total of 4 bids were received Inc. submitted the lowest bid Engineer's estimate of $603,100. and all were responsive. Hardy & Harper, for $655,047.50, which is above the ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2005-150 will be filed for this project. FISCAL IMPACT The Funding Analysis shows a total estimated construction cost of $899,500 for the project (Exhibit 2). Funds are available in the Community Development Block Grant Fund (account no. 135-149-6631) and the Traffic Congestion Relief Fund (account no. 28-552-6631). 23A-2 . Logan Neighborhood Rehabilitation Project No. 05-7807 November 7, 2005 Page 3 ,~:;.-- $~7 /"c/- James G. Ross Exec tive Director Pub i Works Agency 1 APPROVED AS TO FUNDS AND ACCOUNTS: ) " ,'Ii:> ,\.."" ," .'~ ,'~,- , Francisco Gutierrez Executive Director Finance & Mgt. Services Patricia C. Whitaker Executive Director Community Development Agency K:/Construction\RFCA-draft/RFCA 05-7807 2005-11-07 80 WD J 23A-3 ?-A/ Agency PROJECT AREAS: ~ " --::::~ .......~ " &-1tl1l': -1 -1/k ~~~ " '11-)0- " " N.T,S ~-.. I) EXHIBIT 1 SANTA ANA II . CITY COUNCIL · P W A AGENDA DATE , , NOVEMBER 7, 2005 PlalCllllIlI.SAGlrtr Title' CONTRACT AWARD FOR LOGAN NEIGHBORHOOD REHABILITATION (PROJECT 05-7807) FUNDING ANALYSIS PROJECT 05-7807 LOGAN NEIGHBORHOOD REHABILITATION construction Contract Contract Administration Inspection and Testing Survey Contingencies $655,048 26,500 49,600 37,352 131,000 TOTAL ESTIMATED CONSTRUCTION COSTS $899,500 Exhibit 2 23A-5 , 23A-6 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: APPROVED REJECTION OF BIDS FOR EL SALVADOR CENTER RENOVATON AND PARK IMPROVEMENTS (PROJECTS 04-6375, 04-7709, AND 05- 7806) D As Recommended D As Amended D Ordinance on 1" Reading D Ordinance on 2'" Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO .{.. CITY MANAGER FILE NUMBER RECOMMENDED ACTION Reject all bids submitted for the El Salvador Center Renovation and Park Improvement Projects. DISCUSSION These projects will renovate the existing recreation center building and the courtyard at El Salvador Park (Exhibit 1). Improvements include re- roofing, air-conditioning and electrical system upgrades, restroom upgrades to meet Americans with Disability Act (ADA) requirements and renovating the existing cultural arts room. This project will also install a new wrought iron fence, replace the existing pavement with new concrete and construct a new storage building/trash enclosure. Once completed, the project will enhance recreational opportunities for children in adjacent neighborhoods. The Notice Inviting Bids was advertised on August 22 & 24, 2005 and bids were opened on September 27, 2005. A summary of the bid invitations mailed, received, and results follows. Santa Ana Contractors receiving notices 11 Contractors requesting bidding documents: 10 Bids received: 4 Bids received from Santa Ana Contractors: 1 A total of four bids were received and were non-responsive. Sturgeon General, Inc. (SGI) submitted an incomplete bid. SGI did not submit a Disadvantaged Business Enterprise (DBE) goal as required by the bidding documents. Faris Construction failed to notarize the bidder's signature on the bid bond as required by the bidding document and failed to meet the proj ect DBE goal. Hondo Company, Inc. submitted an incomplete bid 23B-1 Rejection of Bids for El Salvador Center Renovation and Park Improvements. November 7, 2005 Page 2 package. Lastly, Great West Contractors, Inc. also submitted an incomplete bid that did not include the bid schedule and the total sum of the bid. In addition to being non-responsive, these bids also exceeded the engineer's estimate. Based on the above, staff recommends that all bids be rejected. Following Council action, staff will review the scope of the project and re-advertise for bids. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. ~~ James G. ](oss Executive Director Public Works Agency ~7>~ Pwa_f_serv\Engineering\Construction\RFCA\04-6375 reject and re-adv 2005-11-07 120 WD 23B-2 PROJECT AREAS: 1JB=J t=B EB 10TH BTIlEET Iii tjg i =1 Bjmc~PI:~ rro EXHIBIT 1 SANTA ANA ~ , CITY COUNCIL P W A AGENDA DATE' , , NOVEMBER 7, 2005 Title' REJECTION OF BIDS FOR EL SALVADOR CENTER RENOVATION AND PARK IMPROVMENTS P\B.(IIORI;SA&EN:T 23B-3 ~ "TB 23B-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: APPROVED REJECTION OF BIDS FOR STORM DRAIN CONSTRUCTION AND STREET IMPROVEMENTS AT VARIOUS LOCATIONS (PROJECT NO. 06- 6005) D As Recommended D As Amended D Ordinance on 1'1 Reading D Ordinance on 2'" Reading D Implementing Resolution D Set Pubiic Hearing For fJ-J2;a CONTINUED TO FILE NUMBER / CITY MANAGER l/ RECOMMENDED ACTION Reject all bids for Storm Drain Construction and Street Improvements at Various Locations. DISCUSSION This project provides for storm drain construction and street improvements at various locations. Included is a storm drain with catch basins at the intersection of pendelton and Forest Avenues to alleviate flooding. Also included is repair of damaged catch basins at four different locations and replacement of a valley gutter on Birch Street south of Warner Avenue to improve street drainage. The Notice Inviting Bids was advertised on September 2 and 5, 2005, and bids were opened on September 27, 2005. A summary of the bid invitations mailed, the bids received, and the bid results follow: Santa Ana Contractors receiving notices: 8 Contractors requesting bidding documents: 6 Bids received: 4 Bids received from Santa Ana Contractors: 0 23C-1 Project No. 06-6005 Storm Drain Construction and Street Improvements at Various Locations November 7, 2005 Page 2 NAME OF BIDDER CITY BID AMOUNT $108,725.00 $157,835.00 $169,670.00 $206,585.80 1. Garcia Juarez Construction, Inc. 2. GCI Construction, Inc. 3. Alliance Streetworks, Inc. 4. Savala Construction Company Brea Costa Mesa Anaheim Irvine A total of four bids were received and all were responsive. However, the bidding documents contain inadvertent errors on the quantities of construction materials. Judging from the wide disparities among the bids, the low bid may not reflect the true final cost of the project. Therefore, staff recommends rejection of all bids in order to re-bid the project with correct quantities. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. J~~~ ~7 ~p" Executive Director Public Works Agency K:\Construction\RFCA-draft\06-6005 2005-11-07 reject all bids 45WD 23C-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: OCTOBER 3, 2005 TITLE: LICENSE AGREEMENT FOR TAXI STAND AT THE DEPOT AT SANTA ANA APPROVED D As Recommended D As Amended D Ordinance on 1" Reading D Ordinance on 2'" Reading D Implementing Resolution D Set Public Hearing For l a~ 7 ITY MANAGER CONTINUED TO -~-- -- FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a License Agreement with A White & Yellow Cab, Inc. for a two-year period with options for three, one-year renewals for taxi service at The Depot at Santa Ana. DISCUSSION Since 1986 the City has contracted with a single company to provide taxi service as a convenience for The Depot patrons. This has ensured consistent service from a reliable taxicab company at The Depot. A request for Proposal (RFP) to solicit proposals for taxi services was prepared and notices were published on June 1 and June 3,2005, in the Orange County Reporter. The notice inviting proposals was mailed on May 31, 2005. summary of the proposals solicited and those received: Below is a 14 Request for Proposals mailed 2 Requests for proposals mailed to Santa Ana vendors 2 Proposals received 1 Proposal received from Santa Ana vendor The ratings for the two proposals received are as follows: FIRM A White & Yellow Cab, Inc. Rating 92 Compensation $5,511.00 per month Yellow Cab of Greater Orange County 74 $3,825.00 per month 25A-1 ,. . License Agreement for Taxi Stand At the Depot at Santa Ana October 3, 2005 Page 2 The proposals were evaluated by a City team using the following criteria: organizational/corporate experience, experience of management assigned to handle the contract, experience of the drivers assigned, clarity and detail of proposals and compensation to the City. Based upon the criteria, A White & Yellow Cab, Inc. received the highest rating and submitted the proposal with the highest amount of potential revenue. FISCAL IMPACT The agreement will provide revenues amount of $5,511 per month for total Concession-Taxi Stand Revenue Account to The Depot at Santa Ana in the revenues of $66,132 per year in the (account no. 67-01-5614) cMK APPROVED AS TO FUNDS AND ACCOUNTS: Patricia C. Whitaker Executive Director Community Development Agency 6~~ (J a~M/ Francisco Gutierrez ~~ Executive Director r Finance & Management Services Agency PCW/CF/mlr H:\ACTIONS\2005 CC\LicenseAgreeTaxiStandDEPOT lO-3-05.doc 25A-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: OCTOBER 3, 2005 TITLE: APPROVED LEASE AGREEMENT WITH STATE CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT - THE DEPOT AT SANTA ANA OF D As Recommended D As Amended D Ordinance on 1" Reading D Ordinance on 2'" Reading D Implementing Resolution D Set Public Hearing For ~ Q"Aa CI MANAGER CONTINUED TO ~. 7 2905 FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a lease agreement with the State of California Employment Development Department (EDD) for office space at The Depot at Santa Ana. DISCUSSION In 1998, the Workforce Investment Act (WIA) enacted changes to the way that workforce programs were delivered at the local level. WIA consolidated delivery of all workforce programs into one-stop centers. To meet this requirement, Santa Ana developed the Santa Ana W/O/R/K Center. The main partner in the implementation of the W/O/R/K Center was the California Employment Development Department. For the past five years EDD has leased space at The Depot from the City. In order to continue this partnership, the EDD office has requested a new five-year lease with the City. The lease agreement (Exhibit 1) would be for Suite 103 and portions of Suite 220 on the second floor. The total office space leased by EDD will be 5,246 square feet. The starting monthly lease rate for the lease will be Six Thousand Six Hundred Ten Dollars ($6,610) with annual rental increases as follows: (Year Two = $6,820; Year Three = $7,030; Year Four = $7,240; Year Five = $7,449). The continued lease with the State of California EDD at The Depot will result in revenues of at least $79,320 annually and would continue the streamlined access, which the clientele and patrons now receive at the Santa Ana W/O/R/K Center. 25B-1 Lease Agreement with State of California EDD - The Depot at S.A. October 3, 2005 Page 2 FISCAL IMPACT The City will receive the initial amount of $79,320 annually, with rental amounts increasing to an annual amount of $89,388 or up to $421,788 over the full term of the Lease Agreement. Funds received will be deposited into Rental-State of California EDD Revenue Account (account no. 067-01- 5506) . APPROVED AS TO FUNDS AND ACCOUNTS: .~ . / /J {!j~~ f! L /tl~L..w ~rancisco Gutierrez fJ Executive Director Finance & Management Services Agen~~ patricia C. Whitaker Executive Director Community Development Agency PCW/CF/LS/mlr H:\ACTIONS\2005 CC\LeaseAgreewithStateofCaliforniaEDD-DePOT lO-3-05.doc 25B-2 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISIOI\I STANDARD LEASE FORM LEASE COVERING PREMISES LOCATED AT 1000 E. Santa Ana Boulevard Santa Ana, CA LESSOR'S FED. TAX. 1.0. NO. OR SOCIAL SECURITY NO. N/A File No.: 4811-001 Project No.: 113840 TENANT AGENCY Employment DevelopmentDepartment Preamble THIS LEASE, made and eriteredinto this 8th day of August, by ancl be.tween CITY OF SANTA ANA A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA, .,.......... ......... .,......:..,:....:. .. - " : :.. .. : - : ' '.. .. .... :.............. .. .. .. .. . .." ~ ' .... ::.. ) : . ''';c::''':,. ..... ...:....... :.: li~:eina.fter~.a1led the Lessor"wit~o~t ,~~,s,tinctid,~.~;-t~~u~~;er o:p9~de~;...artd....Jl1.~.. State of Cal~forriia,!'..~cting by and througll,.theI?irector qfthe .Dep~ment9fGeneral-S~_rvice~; llereinip:te~~aJ!~(lth~,State; ....... .............. .............. , .... .. ,.- ...... ,...... .-" ..:.......,..- ....... .............., ,', .::..:......:....::......::...:. ... ":. .......................,.:.... .',. .... ':':.:'."'. .,":",:.::..,......":,,.. .".:",' .'"."............:. ....,...:.:....,..":,:::::..:.:..,,:.,.'.......',..' .... .."........ .....:: .........:....,..:......:.,:' ..,,/' ".:........".,......'.', :.... ..,'.....'...... ".'.,',.:.'.,.,...,...,,, . ,,':,.:.'....,...:.,..:.:........,'., .':,:.:.",.,..:.'. ":.,':: ...... :,':', : .... .... .'.: ......... ... .'....,..'. . '. ,".:.:. :':':':"::"':''':'.. '.:'.' ,.' ...~e...I::essoi...~er~?~.....~eases unto t~e,"':riat,~a~d..th~ ~ta~e:herebX:.~i~~~.:.f~orrl:fl1f..pes~:9r thos:~ ..9~rtain..pr~:mises with ap?mienances.situated in the City'9fSant~,Ana:'~9ll;q~9\9mill!e....:.St~teof.Gallfornia, mor;t; particularly described as follows: ' .'.. I WITNESSETH ;."'"....,...,,... AP?~O~iITi~tely :.5.+~.:!...:.~asae!&-squ~~.....f~e~.pr:le~e!J:.:.offi:9i.sP~C,~.:i'~9!~?~l!:....2.!.~..5 ..'sauare feet'of s~ace for the ex~Iu~,i~e~seofth::Stateand3.316 sauar~t:.etofsD~ce\Vhi9his s?~e~..~.e~ee~~eState and SU?Ie7:sor all Oil the firstandse9?~d,pOor~?f the b~ilqing loC~~~?a~I.??OE,<~~t~:.::An~.~?~leyard Suites 130 ~?q270. Santa Ant!, Cali\?r~ia: as. outliIled.in red :('ex9IusiX~,!'l and l!reen'. ("shared")'o~~:. ~~ached~xhibit "i\,::pIav; together with specifica~io?s marked ExhibitnB"~dless8r 6sffiflliance flF8ee8Hres.T%J:T~ E1(hjb\t "C", sa~dExhtbits "A" apd "B" ~'P~9ject:No. 1 J 3840 dat~d: M~~1 ~.2005.: hereby be~ng incorp'?E-i:t:te:p iI?tothis lease,,~d i~cluding twenty-two (22) nonexclus~ve~np1:>~t:I1Jftedpar~i.~p:sp~~~~,Fontig;llous tt) the supj~prbuilding, and unUrnited>use of the building's common facilities.' Term .,'..........'.......'.'...:..:'.. . . . ,..........,.,..:::.....". ..:.,..:.......:.'..:......, .,..'.......... ", '.." ,. .. ,."..........., .,.,.,:" 2, The term of this lease shall60mmence on August 1. 2005. and, shall end on Julv 31. 2010. with such rights of . . "'.... ...:.':.'..,,,....,'i.:...... .... ................< ".' ..:,,...:,,.,,...... '.' termiq~~bn-:-~~."WaY:be ~~~~inafter' ex~resslfset..~orth; r;;.;.Jwr fdff'1 ' ~I ' The ~!al. IiThy terminate this lease at any lime effective On or after July 31, 2007. by giving written notice to _ the~"1ll,ast thirty (30) days prior to the date when such termination shaii become effective, If the State fails to complete its move out within thenoticeI?~r~t)q,~l1~Ir~mains. in the premises, additional rent shall be paid and prorated on a thirty (30) day month, based on the actUal number of days the State occupies the premises following the effective date of termination. Early Termination EXHIBIT 1 ""'" ~~ 25B-3 Page-l " Rent ." I" 4. Rental shall be paid by the State in arrears on the last day of each month during said tenn as follows: ~-r Sl~ T~ SIX THOUSAND Ef6lff'HUNDRED SIX"'V-"'G>I'F' AND NO/IOO DOLLARS C 1/ (p (p 10 '!?) (t'.868,881 from August 1. 2005 through July 31. 2006. then; ~ THOUSANg~t!~T~'fJ&t!rtNO/100 DOLLARS (i 68'l.D~ j <S;'),Q?1,881 from August 1. 2006 t~rough July 31. 2007, then. SEVEN THOUSAND T',V(.jif.alrrtRt~EIGIITY <'tV<\ND NO/1 00 DOLLARS (# ~ 030 oj ($).~"t'uvl from A~gust 1.2007thrOU~~ fUly 31. 2008. then; \ SEVEN THOUSAND.~HlJNDRE[)fo'Uit',4DN0/100 DbLLAR~ ' U f2--'-/O"-) ($')5Q19GJ fromAu;"ust 1.2008 through July 31. 2009, then; SEVEN THOUSAND ~ HUNDRED ~~~ N0/100 DOLLARS' O-;;I.NCJ'')$U36,561 from August 1. 2009 through July 31 2010, Rental payable hereunder for any P~riocloftirne le~sthan()ne;mbrith sh~ll bedetermin'ed!b)A"prorating the .. .... ...... .................:.:.......'............. :..::..:..........:..:.. ..:,...;.:.:.:.:.....'..:................. ',.::.::..> :.::',::::' :-:'" :.... ,i ..... mO[ltl1lyr5~tal?er~in ~g~ci~,~d ba~ed'o~ ~eactual numbsrof days In~eITl~nth:_-~~rt:~l:_~?all bep~i~: to:ressor at the addre~$:R~~ifl~d _~:_~ra~agrap?, ~_- ~r_19 _ SU~?: _ oth~,r a??res,s a~,~he L~~~?r_;iay ~:s~~~atepta ~9~~se::i~'.:vrtting. If the RrelTlis~t_-_~T:,~9t:~o~plete pu~s~aI1~toPcu;a!?;l"aph 6bythed(ttt~ sho~:i:ItPcu;~~p~-2,:,i~:i~yndersto~?',and agreed by and between the parties that,: ~ttheStatels soleoptiqn, ~h~cl~1~ss~0'7ni~ PfU"a~~~?S_2'~1~,} and the',cl~te~ and dollar atl19unts shown:in:P<y;ag~aph4 may be adj~~t~~ t?the',firstofthem()~~Jol1owin~ the:,St~~~'~:,ac~eptance of the ~oIl1~lete~-l?r~mise~~suc~acceptance shall~?t:~fl~easonabIY be withhdd.; If tf1e~~t:,~!'erci~es,t?is.o~ti9n,!tis agreed the State ~jl1~?ll}pletyuniI~terally an ,atl1:od!4ent to the,~Aas"et?r~vise the,hereiI1:a~oye_~1at~d ,~atys.,:; Any accrued rents for the period of ttIl1e prior to the ungClt~~~lly :adJ,~.sted- corru~el)cemyptd(tt~:.~W ~~._: paidin~~co~dance with P~~W~ph 8. Additionally, it is understood and~f~eed b:~\VeenJhe parties tha.7~l,:~n~':~i(tt~!s option~the?ates shown in~he::'~rI Es~al_ato~Operating Expensesll par~!P:aph,irifl~of.lJ?rat:cl,;~geil"l,_:sl1:~lI-~eadj~_sl~d to refl.y,~:t t?e time delay b~tyve9~leasecomp~I1cement and the fi~st'ofth~monthf()ll~wing~~,~f~~~~9c~_R~r~~.date. In.~h7'eyent this lease agry~m~l c?nt~ins apr?vision gr~ling th~_~tate~ Opti?n toPu~chas~t~ep5~fnises;' it.is further agreed herein by the partiest~at,notwithstandingthepE{)visi()n' of the Option to Pwchasy,.,par~graph.h.erein, the~ffe.ctive dates and correspopding purchase opti~n prices of said Option to Purchase shallb7:a.djust7~consistentwjlh~y "adjustment to the lease wrnrnencement date,as~tated. above,.. which initial purchas~:'optiondate shalli~noevent be less than twenty-four (24) . months nO~,nlore .t?~_thirtY-six (36) months fr~IUthe.:'adjusted!lfornm~ncement date. Said Ha.djustedll purchas~optiond,ate~, ~hallbeestablishecl ~9nsistenthere\Vithand incorporated,i~to said lease with a unilateral amendment by..~he State. ~ 25B-4 Page-2 Notices and to the State: Completion and Compliance with Plans and Specifications Notice of Completion and Access to Premises during Construction 5. All notices and correspondence herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States Mail, certified and postage prepaid and addressed as follows: To the Lessor City of Santa Ana Downtown Develooment Division 116 A West4th Street. Suite 6 Santa Ana.CA 92701 Phone No. (714) 647-6556 FAX No. (714) 647-6939 PEP ARTMEI'IT OF GEI'IERAL SERVICES, REALEST ATE SERVIC~S mVI~IOI'I r,~~SE l\iAI'IAGEMEI'IT);! 4811-001 707 THIRD. STREET, SUITE 5-305 . WEST SACRAMEI'ITO, CA 95605 PHONEI'IO, (916) 375-4172 FAX 1'10. (91~) 375-4173 ALL NOTICES AND CORRESPONDENCE MVSTREFERENCE TENANTAGENCYANDPREMISES ADDRESS payable to: City ofS~nta;Ana and mailed to: Citv of Santa Ana Downtown Develooment Division 116 A W. 4th Street. Suite 6 Santa Ana. CA 92701 Nothin~ h~~eincon~~ned shall preclude th~ ~i"~rig' O(~iiY$uch- ~r~;~;~;nn!:~:,:;,:b~ ~ers~,~al service.Th,e address to wh;ich,notjcesandcorrespondence shall be mailed to either party ,may be' chang<.:dJSy giving written,'notice to,the other party, 6. Lessor agrees that, prior'tOAu2:ust 1. 2005. and at Lessoris,so,le,::c?st and,;expense, all required construction, impro,veme~ts,and/o,r alteratio,ns, ,ifanY~" shall be completed ~d the le8?;,ed pfe1l1i$es made r~~dy f?r State's occupancy i9 full compliance wit~,~~ibit'rJ'\r',col1si~tirg;,of tw~ (2), sheets tith~~,':"pf~ce Quarters,rIoj~ctNo. 113840" dated May...18. 2005. andina~yor~.anc~'N~th7xl1i?itnBn'70n~isting or fo,~r(4).pages, tit~~d"Sho,rt Form Specifications, ProjectNo. 113840" ciateci MavIS, 2005;\\ihichExhibits "A'tand'''13'.',are by this refyrenceincorporated herein. 7,Les~orshallnoti?'the?tate inwriting byce~ifiedm,~iloQhe .. the,leas~dpremises will be completed and ready foro,F~uPaIlcy at least thirty (30) days prio,rthe~e!(): Svchno~ice shall be,'l: condition precedent to the accrual of rental hereunder, except~o'N~\ler. that if the State occupfe~~e~rf:rnisesgIior 'to the receipt of such notice or prior to the expiration ofthen()ticeperiodo~such notice, rental sh'lll co,mmence to accrue as o,fthe date of occupancy. Following execution of this lease, and riot more than sixty days (60) prior to completion of construction and occupancy under this lease, State or its contractors or other representatives shall have the right to enter the premises for the purpose of installing certain equipment such as, but not limited to, modular system furniture, and electrical and telecommunications cabling and equipment. State agrees to, indemnify and hold Lessor harmless from and against any claims, damages, or other injury suffered by Lessor as a result of the work to be performed pursuant to this right to enter the premises prior to State's acceptance and occupancy of the premises. Lessor agrees to indemnify and hold State and its agents, contractors or o,ther representatives hannless from and against any claims, damages, injury or o,ther harm suffered by reason of the negligence or other wrongful act o,fLessor or any of Lessor's agents, contracto,rs, o,r other representatives. ~ %~ 25B-5 Page-3 Early Qccupancy Time Umifan~ Prior Tenancy In no event shall the exercise of this right of entry be construed so as to cause an acceleration of the occupancy date of this lease or the obligation of the State to pay rent. Lessor and State shall each make all reasonable efforts to ensure that the respective construction and installation 'work is scheduled in such a manner so as to not interfere with or delay the other. In the event that one or the other party causes a delay in the other party's work, such injured party shall be compensated in the following mariner: Delavs cau~~d' bv" the L.essor: Credit theSt,!!e aconipensating~ay of delay intheocctipancy date: and 'correspondiIlg day of delay in payment of rent. ?elavscaused bv the ~t~te: '''' " CredittheL~ssor a c9mpensatin~ day- o,f payment of rent from thea.cfual~ate:Of occupancy. CompeI1sationwill be in one day increments. Tl1epartfes agree that this shall be the sole remedy for dela~, in t~at~e.p~,lculation()fdamages'inan:y:other manner is fOo uncertain and not susceptible of accurate determil1atiqn. ' :,--"",,,,,,,,,,,,, ::': "./-.-. . -.- / ': ': """",:,"',,",,':,','.', :::': ,,<.'::' ",,',.,., '.'." '>",': .:.: ~;."',8~~so.r ;l~~:~$, that" if the)~~~d .pr~rniS~s~re\e~?yJ~r~ccu~~~Pypri~r,t?,~~i~Qtp?J.eti?~ ?ate,:~pe'~ified above ij}"Paragraplj (i.' State: may electtooccupythepreniises'on"the earliestiiate "prCi~tjcaJ.'~t i'tsreceip( of the herein ,:.',':" '" ::'::"',,,,,:,,:, :",'.".___'",:" '''"',',',, :"",,: " "",,, """'''''::'-'':''''':'''''''''' :",,':'_ ,:'._/,:"i:,:': ,,:: ,:,' ,':," ::":.-:','::::".-,"'" ",' ",,,,,,, ,'" ',' ",': ':,::" ,:' ',,' required completion notice. Tll.erent payable foraIl~su9he:~I~occ_~pancyb~t?:St~t=s~:~llbe at the',rate qf SIX THOUSAND EIGHT HUNDRED SIXTY -EIGHT AND NOIIOO ($6.868,00) per month, shail be prorated on a daily basis for any partial month. ,. ....... ...i., .........'......_..... .........'::',i....>:... >.....".............::>".. 9. No rentals~alIllccrue underthislease"gClr~~~II,the State,~~ye any oblig~ti9nto.-peftQrih :f?i c9venants or ~b~er:'~,~~e condit~ons herein contained until th~leasedpr~A1i~:s;havebeen m~d~r8~q~,:,for occup~c~in,accordance r-'iti1 th~:~rovision~hereof It is specific~Ilt~~:ee~.t~~~jnthe:":v~n~.fh,e:}~~~7~preD1ises,,are not cotppletrd and ready fQrocc~p~cyhy th9State on or. befor~Aul!Ust 1., ~~05:.:t?~?~di~,tl:1~~5~,:nt,t~.~ ~t~t'e ma~,',~t:itspption and in addition!o all{'ot:her reTedies it~~r have; teqninatet!tiska~e~d,br.r~Iiex.e~ of anY,Jurthero"ligatiClus hereunder, providiI1gthat a fair and reasonable allowance for the following delaysshallb~added to said time'for completion: A. ~~: of the State, its agents or employees, or those claimingunder agreement with or grant from the State; B. The~c~s'~f G?~j"hichL~ssorco~ldpot reasoI}a"ly hare foreseen or guard7?agai!1st; or by c. Any strik~~) bOyco~Slor life obstru~t~yeactio~~bY"e,m~Ioyees or _labor organizations and which are beyo~d controlofLe~s,or, and whichcannot~ereason~bly~yerco~~;?rby D. Restrictive regulations by the Federal Govemmel1t which are enforce-din connection with a National Eme:rgency. In the event that the Sta!~~lectstq occupyprernisesb~foreth:v.:Wkonthe premises specified in Exhibit A and B is fully completed, the State will provide the Lessor with a,punch list of work remaining to be completed (referenced as the State's "Punch List"). Lessor agrees that Lessor shall complete the remaining work no later than 14 calendar days from the date of receipt of said Punch List. If said Punch List is not completed within the specified 14-day period, Lessor agrees that, beginning on the first day after said 14-day period following occupancy of premises by the State, rent may at the State's sole option be reduced to FOUR THOUSAND EIGHT HUNDRED SEVEN AND NOflOO ($4.807.00) which is Seventy Percent nO%} of the base rent specified in paragraph 4 herein (excluding any amortization payments) until such time that the Punch List work is completed in full and that such completion of work is inspected and accepted by the State. The portion of the rent specified for amortization of tenant improvements, if any shall continue to be paid in full without interruption. ~I 25B-6 Page-4 Conformity to Exhibits Asbestos Parking Servi~:Fs,:p~i1ities,' and Supplies It is understood and agreed that the rent reduction specified above does not relieve Lessor of its obligation to complete said work and the State shall maintain all other remedies specified in the Lease. It is understood by all parties hereto that it shall be the Lessor's responsibility to remove any prior tenant. 10. Occupancy of the leased premises by the State shall not relieve Lessor in any respect from full compliance at all times with aforesaid Exhibits "A" and liB". It is further understood and agreed that any installation not in conformity with said ExhipitsUN' a~d uB"~hall be imrnediately corrected by the Lessor at Lessor's sole cost and expense. In the event Le~sor sh~ll~ after, noticeJn writin~ from the Sta~~, requiring the Lessor to comply with the requiremen~s of tliisp~graph il1reg3fd to a sp~cifi,ed sondition;fail'Tewse o~,peglect to remedy such condition, State may terminate th~sJeasy~ithO,utftJrtfierobligation, or as to suchspecifi~~9Q~ditipp, at its option and in addition to any{)ther:emedy,~y St(iJe,may h~ve.withholdrentduyand brin~,tl1eleasedpremises into conformity with said Ex:hibit~atits own coS! including State's A~ministrative costs, if anY,and de4tl~tthe amount thereof from the rent that m(j.Y then beor thereafter become due, hereunder. 11> Lessor hereby warrants and guarantees that the space leased totlie Sta!~ ;wUlbe op~:atedand maintained free o{h<Ip.r~frqm Asbestos Containing Materials (ACM) and agree~t?tli7?()ndi~ion~for,,~urvey, testi~~, and abatement ofA9Mdescribed in Exhibit "B" as applicable. L~ssor speci~cal~X;t\~re~sthat, in th:,eve~t ~,; St~te elects to exercise its d?hts under the provisions of Paragraph 16 oft~is leas:,,~y~ostsreIated to' abatemeytor hazard from asbestos shall be the Lessor's responsibility as describedintl'1ef1forerI1ention:y~l ?xhibit"R'~, !-i "t~~~dr, att~~~orts solecost~d "e;(pense,...sh~!l. el~a,rl~~ark.?t~vid~thep~fi~gr'p'~ce~~e:~crib~dhereinabove asassi~~~BRr?Vided to the Stateof~~ifornia2' Said IJ~k~~~ spaceS,Wi~l:9,~'~r(Ulg~d.. ~~4r:n~iptained rC? a~, to provide unobstructed access to each.' p;arking' space at(UlYVmy~}~, ,aaditi0n, to an)",~~S~~~~9,I3~~ifl;; spae,~s,;, State (Uld its invitees shall have equal access to common spaces providedto'alLtenantsonafIrst~come,first-served basis. ,'13. Lessor, atLessortss?lecost.~dyx~ense,:durin~' t~e:t~:fl)bf thisle~::$h~Il'::fllrnrs~l tl1~~0II~+ing services, lltilities, and supplies to the area leasedbYthe,State.:~daI~oto the n~ommonu builgingareas (ifapy}s~chas lobbies, eleV(itors, stairwax,s, corridors, etc., which State shares with othertemints,if any: ' A. Sewer ,trash. disposal; and wat~!s,~rviqe, . iI1cl~~i~g .... bo~,~'~'t':~g: c;61~ \\later to th_~'lav~tories except l~~atories in: EmpIoymentDe~ylp~meI1t l):P"artment pub~i~,}?~I:Z tooms i,nJobby areas:w?ich need only coldwater.,' '.' ", ........ ........;,::;';;:'>,': B. Elevator (if any) service. . ....i,': ........:........:. .:':::' C. Electricity andlor gas as necessary to provide power for~e~~!~g,yyntilating, and air conditioning, and electricalpr g~:serv~ce as n:ege~ for State's operations. . .'i::'" D. Janitorialservicyrsu[ficienttomaintain' theinteriOI;in~ cle(Ul well-maintain:<i'condition; that is, to eliminate~l visibly gust; girt; littq,~ime,stains,~rnears, finger maI"~s, etc~;to the greatest practical degree possible, by petformingat least the fo~lowing: Daily: (1) Empty llnd clean all tr1l.Sh containers, ill1d .dispose ?fali trash and rubbish, (2) Cle(Ul and maintain in a s(Ulitary and odor~free condition all floors, wash mirrors, basins, toilet bowls, and urinals. (3) Furnish and replenish all toilet room supplies (including soap, towels, seat covers, toilet tissue, and s(Ulitary napkins). Furnish and replenish paper towel supply in all areas of the leased space. (4) Sweep or dust mop all hard surface floors, and carpet sweep all carpeted areas. including stairways and halls. Offices with hard surface floors in the public lobby area shall be damp-mopped daily. (5) Remove finger marks and smudges from all glass entrance doors. (6) Specifically check, and if-action is needed, then: a. Dust the tops of all furniture, counters, cabinets, and window sills, (which are free of interfering objects), b. Remove spots and/or spills from the carpets, floors. and stairways. ~ 25B-7 Page-5 Repair and Maintenance ,', As needed, but not less frequently than: Twice Weekly: Vacuum all carpets. Weekly: (I) Damp mop all hard surface floors, , (2) Dust all window blinds, (3) Treat st~inles$ ~teel fOJJntains andsinks, ~?~li~p.8;testains and mineral deposits. (4) Spot clean the walls, Quarterly: (1) Strip,all'hards~rface:floor~ and apply a new coat of.floorfinish;~u,ff as.necessary to produce. a uniformly shining appearance. ":,_' enTreat carpets for static electricity control (if not integrat~di~the,fabdc). Semi-annually: Wash all windows, window blinds, fighf(lX.fur~s, Annually: al!s~llinslll1d spots. ,IIJ,th~ev7nt()fJailufebythe Lessor to fu9isli, ~yofJ~eabo-ve-spryiFes?rsup~iies 'In :~s~H~f~ci9~ ITlanner, the ~tateInaY~rnish~e s~e.at its OW~9ost;aitg,~:~dditi?nt?, any ot~er ~e~ed~.th~::~~.at: ~aY"911ye,J~llydeduct the mnoimf thereof,including 'State'saqrninistrative", q)stSj-fr~~:thc-rentthat'~aytlienbe,:QF thereafter become due hereunder. ' , 14.:",." ,.""",Duringthe lease term, the"L7~~~.Fi,~haqIJlaima~~,- t~7}~lls7~.gEt~ise.~'i~:900d rep~r.pn.9 tenantable :~:~~~~:: ~:c~~:~;~:~~en:;~:~t~:~~:and loss of the State's use of the premises caused by deferred OT- inadequate (I}'Generally mai~~iI1ing ~~)eased premises in good; v~r~j~7~~7' ope~,~ting condiF()l1~d appearance. (2) Furnishing prolIlpt; 900d quality repair of the buildin~;~~~igment,.~d appurtenances:- (3) Furnishing prev~~t1:ttive maintenance, inclu~ing,butn~t"Y~~t9d to, man~~~ctu~~r's recommended se:~ici~g ()r~qlli~m~~t SUFh;s,elevat~r(~~any ),he~ti~g,:yel1tilating and aircol1ditioningequipment, aIldfIxtur9s;,' ... ',',":":",::. ' (4) FUrnishi~gon??ingrn~i~tenance'Vld .profi"lpt rep~ir~f any and alL special equipment and systems referenced iI1~xl1,i~i~ A :and B inc1udiIl9?lltnotlimite~,!0, s~cu:ity ~nd access control systems, fire suppr9ssi8n systems,sp:cial HV_AC s~~~em~~~r cOIJlPuter r()~:ns;lll1d.UPS systems. (5) FUrnis~ing and prornptlyr9pla?in9 any iI1ope~ative)ight:~lllbS;,fluo'rescent tubes, ballast, starters, and fil~:rsfort~e he~~i~g,~entilating and air conditio~iIlge~~ipment as required. (6) Furnishing remedial painting asnec~~sarY':: to maintaie. the premises in a neat, sleaR ami orderly GomIitisn. (7) Annual testing and maintenance of all fire extinguishers in or adjacent to the leased premises. (&) ReJ3aiFing and repla8ing as Resessary intraI:Hl.ilsin;; net,Y0rl: sasle aRa inside.... ire eable uses f-Sf' siee amI data transm.ission. (9) Repairing and replacing parking lot bumpers and paving as necessary. Repaint directional arrows, striping, etc., as necessary. (10) On a weekly basis, sweeping parking areas and sidewalks, maintaining landscaped areas, including sprinklers, drainage, etc., in a growing, litter-free, weedfree, and neatly mowed and/or trimmed condition. (11)Repairing and replacing floor covering as necessary. Lessor, at Lessor's sole cost, shall arrange for moving of furniture and equipment prior and subsequent to the repairing or replacement of floor covering. ~ 25B-8 Page~6 Painting Change Orders and Alterations (12) Keeping all walkways, parking lots, entrances, and auxiliary areas free of snow, water, oil spills, debris, or other materials which may be hazardous to users of the building. B. Lessor shall provide prompt repair or correction for any damage except damage arising from a willful or negligent act of the State's agents, employees or invitees. 9. Except in emergency situations, the Lessor shall give not less than 48 hour prior notice to State tenants, when any pest control, remodeling, renovation, or repair work affecting the State occupied space may result in employee health concerns in the work environment. D. In case Lessor" after notice inwritingfromthe State~eq~iring the Lessor to comply with the requirements ofthispara~r~ph in regarci toa specifiedcoI1~i~io~, shallfail,r:fuse or neglect to comply with such notice, gf in 1?e ~~,~nt of ~ emergency s?nstituti~g a hazarci to the healt? or safety of the State's employees, property; orin~itees,the State may terminate this lea~e without further?bligation or at its option, perform such rn~i~ten~ceormake such repair~t it~?~ co~t anq,i~addi~~11.toaI1Y other remedy the State may have, may withhold ren,t due and deduct the\amoun!,thereof,)~clpding nece~sary costs incurred by the ~tate ~equired for ~e admini~trationof suchmaintenance~d repairs, from the'fent that may then be or thereafter become due hereunder. IS. Ill, addition to any painting completed prior~o the comme~;e~~~t~fth.is lea~e'~rldtopch-uj:tpainting required ~6r'~nitialoccupancy upon receipt of written requ:st from t~: Stat~'E~,~s~(agrees ~!Less~r'ssok co'~fand expense to ~epaint'all painted surfaces ([X] interior and [ ]e~te~ior)?tm~lea~!p,~:weII1isesilr.~c~g~danSe'.:wit~ the attached E~ibits "A" and "B". In no event shal~ Lesso,r bereq~i~edt~Tep~~~t:~~~ethan:'g~ce d~r~ng the;.fi~stsix~.~ (60) month p~p~.,o( tll~~J~ase~tt:rthepaintingC?rUp,let:~'PSior t~:th~ com~e~,~e~~:qt,~~f?,~?,once' duri~g_:_~n~.. succeeding si)(ty(?,?lrnonth p:riod. Les~9r ~~all,. ~i~I~ f~~y~fiye(~~)?~ys fi-?:~.}he~,~~g()~an~'~~c~,,~9fice;~~r~ge for and 5o~~~~t7t,h~~ai~~in~:' Colors are~o be a~Rroved bJ'th~/Stat'e~ Lesso~,-at~:~~?~'SS(}I~'5~~~~ sbaIl'.ar~_~r?e {or moving offiitniture and equipment prior and subsequent to the repainting, and provide drop cloths,and coversasne~essary. ;", " l~>+he,With th7Tes~or's orior. aDorgvaL~hich sh~nno~'. beunreason~blv\Vi~~~:I~",:~ta~:sha~l have the right during the existenc~'. of,this lease to ma~eS'~:~p~~,orders"(ll1~',~I~r~tiqns; attach fiXtu~~s;and,~re5t ~~di~i?ns"structures, 9f,sig;ns in or up~n thel~ased premises: Sucq fixt~re~;.,~dcIitions, s~5tures,~r sJgnssp Rl~5ed in pr~p'on,or attached t(),~~pr:mises un?erthis lease or any extens~?n4~reof*allbe and,remaintt:~ p'r()peI1~ of the State~d may be rernove~therefrornby the State prior to the teqnin~tionor expirationQfthisl~a~e _or any renewal ore)(tension hereof, otwithih a reasonable time thereafter. ' ' ....' ..i:tt..,.- .)f- EdcJ..- f'dJkJ~cl/lk, * rnthe, eVeJ1(alterations, fixtures, ~'Mi!ions, st",ctures, or SignSin.or,..,Up,o~the .. premis,,~ are", .desire'3'hy s~k/ , Iv f,r~'r- 0"" and State.elects not to perform the W,ork,' any such work, ' when aUthOriz"d...,ill~,.,. p.:~n,.~)>Y the State shaljhe performed hy-l- bft'NI P .. ..... ..... the Lessor i?accordance with plans~dspecific~tions provided by St~t:., I a~ t~obt~in competitive bids io Vut dJ.flfoio~ lfP'l. from at least three Jic~nsed~ol1trfi~tors,and to,~~~tract with the lowestpi.dd~~,'Lessor furth~r agrees that the overhead '1....L kd>e-J prtftlJs.e->. ~nd profit for thewor~sh~t~ot~xCee(Ififteen'percent(15~o) to~al fo~}essor and any~eneral contractor combined. LI~.;) / Within forty-five (45)dfiY~ after~eceiving Lessor'!) notice.ofc~m~letion of thereque,~ted work and an invoice p_ . - requesti~g. payment therefor,. to~ethe~ with a' complete ci~tailed ac.counti?? of~llc~sts for each trade, State agrees to either reimburse~essorbya single total payment for tll.e costof such wor~;?r,withLessor's prior written approval, State will3.I'rlortize the cost oft?e requesttci work over the reJTIaini?~~errnOf t~1islease by increasing the monthly rent by an amount toincludeprincipal and interest on ~eunp~d~ala.rlce.Th9jnterest rate may not exceed the prime rate (the base rate on corpora~e loans posted pJ' atleast~:ventyfiv~,g~Fcent(75%) of the nation's 30 largest banks) plus 2 percent (2%) as ofthe date ofthe State's \Vritten authorization to proceed. Assignment and Subletting In the event State terminates this lease on or after the end of the firm term, but before the expiration date of the lease, State agrees to pay to Lessor the portion of the principal balance which is unamortized as of the effective date of termination. Said payment shall be a single payment to be made within forty-five (45) days after the effective date of the termination. 17. The State shall not assign or sublet this lease without prior written consent of the Lessor, which shall not be unreasonably withheld, but shall in an)' 6':SRt fl8.-':e tHe ri.;ht tEl sublet the leaseS. flfemises. ~ 25B-9 Page~7 Quiet Possession Inspection Destruction Subrogation Waived Prevailing Wage Provision 18. The Lessor agrees that the State, while keeping and perfonning the covenants herein contained, shall at all times during the existence of this lease, peaceably and quietly have, hold, and enjoy the .leased premises without suit, trouble, or hindrance from the Lessor or any person claiming under Lessor. 19. The Lessor reserves the right to enter and inspect the leased premises at reasonable times, and to render services and make any necessary repairs to the premises. 20. If the leased p~~l11ises are,totallygestroyed byfireor othefcasualty, this lease shall terminate. If such casualty shall render lOperce~t (1?%)orles~,ofthe floorspa(;eo(the leased'1?~~mises unusable for the purpose intended, Lessor shall effect restoration 9fthe premises as qllicklyas is reasonably possible, but in any event within thirty (30) days, I~ the e~ent suchcm;~altyshall render more than ten per~ent(10~)()f s'Sfhfloo(~p'ace~nusable but not constitute tota~,destrtlc~ion,~essor shall fo~hwit~ give n~ticet~ St~1e of the speci~cnumber of d~ys:reqpired to repair the same. I~Les~ot~nd~r-,suc? circumstances shall not give such notice within fiftee:n(15) cal~I}:~ar ~ays:efter such destruction, o~ if such~otice shall specify that such repairs wi~l require more:~an~in~ty'(~O),,::clays,'tq,,~~Inplete from date such I19Ji:e i~giyen, State, in either such event, at itsoption may teITI1iI?:~Je':~hi~lea~~ o~,:upon~~ticf to Lessor, may lll~inJain occupancy and elect to undertake the repairs itself" d~dtl9~~n~Jhe costtpereof from tperental due or to become due-under this lease and any other lease betweenLessorand State," ," '.In......t~e.....ev~nf... of an~.....such .~.estr~ctio~...Other......th'Yl.....to~,........~hereth#' ..$ta~9",.~aS...... .~.~tt:f~inat~d the'le~e' as herein pro~id~~,....9rp~rs~~tto the terllls~er70fh~.n~!,elec~.ed,,~o,~~~~ theT:pair,~..ifSt;lf,,~~~~()~.~~all,d~I.i~e~~IY prosecute the rep~i,~~fsa.i?Pf~l1li~~sand, inanY,eyent,if said repair~,<rr7~.ot cO?1P.let~~~i~bi~:!:~~pef~od orthi~.. (30) days for destructio~ aggregati?g ten p~~~9nt(10%)or less of~efl~of~f~ce; ~r~ithi~.~7,Re~i()~,~?e~ified in 1esso~;s notice in co~~e~tion withparti~ldestruction aggregating,mor~t?i1h,. te? '.' perce~~ ~} Q%), ttieState~h~I,~ave:th~ option to teI111iI1:a~e'this...lease or complete the repairs itself,'.deducting the cost ,thereof frorrr,the:rental.'.duy.OI:..to become due un>', der tt".~leas"i"an~ ":d an_, "y: "o""ther",'easeb,e' ,'tw" "e,' "en" ,L es sor';;'r'd'S tate", .' ..", ",.., , .. '; .... '.' U..~., ....... ..... .,n ...... . "_,."._:_:.""". ..'_ 14th9 eventthe1tate remains in possessi~n',~f s~i~ premisesth~ugh per!j~ll~"d'Faged, the,r~ntal as herein pr()~ide~'s?all be.r,educed by the same..ra~i~...~.~the petsq\lareJeetth~,~t~t;J~,~~s .precl~ded from o(;cupXing bears to the.totaJ n7t sq~are-feet in the leased pre~i~es~,I!Net 's~~at;e feet". shaUmean.actualinsjde dimensio,fis.and shall not include, public corridors, stair:wells, elevators,and restrooms. It iS~hderstood and agreed that the State or its agent has the right to~?tetits dt;strOyeq or ptitial1~'destroyed leased facilities no matter what the condition., At the ~tate's request, the Less9r~haIlimmediat:lYide~tify an appropriate route through the buildingt9 ~c~ssst~eSta.t?Ie:~~edspace. lfthe LessO(G'Tnot identify ~l <ippr9priate access route, it is agreed that theState mayuse'aIlYaIld all means of access at its discretiordn order to enter its leased space. 21...:0 !~e extertf<iuth?rizl;:4byany.fireand extende~cove:rage.insur3l1~e P?licYissued'lo Lessor on the herein leasedprem~ses, Lessof?ereby waiv:s the~ubrogation rights of the insurer, (lOd releases the State from liability for any loss ordamagecovered by said insUTaIlce. 22, For those projects~d'ined as':pubpcworkst'ptirsuant to Lllbor Code S 1720.2, the following shall apply: A. Lessor/contractor shallc:;oIl1ply yYith prevailing wage requirements and be subject to restrictions and penalties in accordance with S 1770 et seq. of the Labor Code which requires prevailing wages be paid to appropriate work classifications in all bid specifications and subcontracts. B. The Lessor/contractor shall furnish aU subcontractors/employees a copy of the Department ofIndustrial Relations prevailing wage rates which Lessor will post at the job site. All prevailing wage rates shall be obtained by the Lessor/contractor from: Department of Industrial Relations Division oiLabor Statistics and Research 455 Golden Gate Avenue, 81h Floor San Francisco, California 94102 C. Lessor/contractor shall comply with the payroll record keeping and availability requirement of 91776 of the Labor Code. .~ ~ 25B-10 Page-8 " Fair Employment Practices DVBE Particip~ti~11 Requir~mept Service Companies SerT:iee Credit Holding Over D. Lessor/contractor shall make travel and subsistence payments to workers needed for performance of work in accordance with the Labor Corle. E. Prior to commencement of work, Lessor/aontractor shall contact the Division of Apprenticeship Standards and comply with * 1777,5, * 1777,6, and * 1777,7 of the Labor Code and Applicable Regulations 23. During the performance afthis lease~th~ ~:ss?rshall not deny benefits to any person on the basis of religion, color, ethnic group identific!-ltion,sex,age'l?h~sical ?r~entalci~s~~ility, nor shall they discriminate unlawfully against any employee or applicant for~mploymentbecause"o~race~religi9P-;:, color, national origin, ancestry, physical handicap'rne;ntal.<ii~ability, mecifcal c.ondition,~mu}tal.status, age; or s?x., Lessor shall insure that the evaluation and treatment of employees and applicants for employment are free ofsuchdiscrilTl:inati()ll, ~ess9rshall comply" 'With the provisions "'of the'" rairEI1'l~~oYl11en~,:an'1~ollsing",Act (Government Code, Section 129?O ets~q.); the regulations womulgat~~ th7reunder(CaJiforni~' Administra~ive Code, Title 2, Section 7285~Qe~seq,);the provisions of Article 9.5, Chapter I, Part I,Divisio~ 3,T~tI7~' of the Government Code (Government Code, Sections 11135-11139.5), andthe regulationsqr,standardsfidopted bytheawarding State agency to implement such article, 24: Lessor hereby represents and certifies that itha~full)',99,I1'l~liecl-\~itll all Disabled~~teran',~~sipess Enterprise (DVBE) ~<J.rticipation goals orhas mad~goodfait?df~rts(~ th~~~~7 ma)'be;,as Teq~ifecl by:~ubli,c ~ontract Code ~lO}I~i,et~:q., andfurtlle~~grees, rtIat ~~"'" Stateo~ its,?:~i~ees~ill: h~":t~:~ightt?,:,review;,, o~ta,in'_Fd copy all rTq?rd~J?ertain~I1gt~tl1e cOI).tract.Lessor'~grees ,w, P~?~~?::,:the~ta~e5)~its, desi~e~;v.ith,~I1~ r~3~es~ed relevant infonn~tio:lJa~d sh(lllpermit theStateorits,d:sig~,eei:l7ce~s ,t9 itsp~e111i~~s;:up?1"lre~?~ab17noticF,:,-'du~jng normal business'hours foe the purpose of interviewing ~mployee~.and,jnspecting andcopying<sucbbooks, records, accounts, ... .. ......... ..'.... ....'..:... .. ..<i ..... ..::...........'<..'......................:..:..:.:;,':- .. and other m~teri~1 thatm~y be relevant to a l1'l~tt~f pnder i9;ve~tigation~or.~epurposeofde~er~i?i~g c;pinpliance with this requirement Lessor 'further agreestom!lintain such records for a periodpf,three (3) yeaxs. ~ft~rfinal payment under the contr;act, "" '",,'., ..' . ,,,,,,.' "," . Upon completion of tbis lease, Lessor agrees to submit a final report identifying all DVBEs used in providing se:r,vic7s.?~SUpplies~o this lease. EffO~S to.i?RIU~~pya~siill t~~s5~nt~~,7~:~~~lIcontin~~' through911~ the lease term andaIly e,,-tensionsor renewals hereof involvigKpurchasf,s ofma~erialslll1d:slJppliesbythe Lessor. 2?;:'Xithin~fteen (15) days:aft~L occtip'ancy of the jeasedprem~~es:,hy't?e Stat~,; Lessor s~~U:p~ovide the State with tg~name, address, and teleph?ne number of an agency or pers9~fo~veni7ntto the Sti:lt~asa local source of service regfirding the Lessor's responsibilities under this lease as to repai;s,~ain.tenance, andservicing of the premises and any or all related equipment, fixtures; and appurtenances; 28. Lesser agreestl:HHthere~tal'fl~e.~,isesuF1-Eler the tefffiS, 8fra~agraph 1 h~reet:is~a5etiiR J3afl upeR the eests ef thesen'ie~~, utilities,and supplie~te8efuFRish~d b) Less9rinae:eraane~ \"ithP~ragr~lI 13 Hereof. In the eyrmt the StateYa6at~tkeIHeffiise~ [lrier .to theeRseftHe teffnsfthi~ le8:5je, s~, if after ~eti0e i~.:t\'fiting from the State, all sr an~ part 0fs\;l~h ser\,iGes,l:l~ilities,8r sHJ3J3li,e~ferafl) reaso~ an~. Rot used, by the~!lite, then, in S1:16H S' ent, the ffi8Rthl) rental as t8 eae~ffisnth sr portienthereefa,<; ta .\'hiefls~ehs~r~.i6es~1:lti11ti~s. sr sHJ3plies are not Hsed by the State SHall Be rssH6ss Bj an aiR8liat 8El1:lal t~ thea',.erage l11a~thIy:e8sts 0f~~e~ Hn1:lSeEl ser.i6Bs, utilities, or sHpplies timing the siJ~ montH period immediately preeesingthef:.ifst ffisRtI'lin v.hieh s1:lBh s~ryices, utilities, or sHpplies are R8t1:lsed, 27. In the event the State remains in possession of the premises after the expiration of the lease term, or any extension or renewal thereof, this lease shall be automatically extended on a month to month basis, subject to thirty (30) days termination by either party, and otherwise on the terms and conditions herein specified, so far as applicable. If the last rental amount shown in Paragraph 4 included the amortization of a capital sum expended by Lessor for certain alterations and improvements, as described in a separate paragraph herein, and the capital sum has been fully amortized, the holdover rent shall be reduced by the amount of the monthly amortization. If the State fails to vacate the premises within the notice period and remains for an extended period, additional rent shall be paid and prorated on a thirty (30) day month, based on the actual number of days the State occupies the premises following the effective date of termination. =, =~ 25B-11 Page-9 Surrender of Possession Time of Essence, Binding upon Successors No Oral Agreements Service Contracts Wages and Benefits 28. Upon termination or expiration of this lease, the State will peacefully surrender to the Lessor the le'ased premises in as good order and condition as when received, except for reasonable use and wear thereof and damage by earthquake, fire, public calamity, the elements, acts of God, or circumstances over which State has no control or for which Lessor is responsible pursuant to this lease. The State shall have no duty to remove any improvements or fixtures placed by it on the premises or to restore any portion of the premises altered by it, save and except in the event State elects to remove any such improvements or fixtures and such removal causes damages or injury to the leased premises, and then only to the extent of any such damage or injury. 29. Time is of the ess~nGeofthi:Slease,and tb~ t<:r111s~.n~ provisions ?fthis lease shall extend to and be binding upon and inure'to,thebeqefit o{the ~eirs, exec:utors, aqrninistratg~s,'~uccessors, and assigns to the respective parties hereto. All of the parties hereto shl.l.ll bejointly aIldseveralIy liablehereuflder. 30, ltis, mutuaIly,uI1derstoodar\d agreed that no altehitiohs:or vari~tion~ofthe t~rmsof this lease shall be valid ~~!~ss made: in writi~gand signe~ by the pa.rtiesher~to, and that no oral und_erstanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 31.A~1 janitorial and housekeeping services, custodians, fo04set~ice~wor~et~,liiun~ry\v9rkers,window cleaners andsecllrity guards provided by Lessor pursuant tgthe provisions 2,fthis lease,:shall be in full 90mpliance with the t~qujrem<:nts of Government Code (GC) 19134 ifapplicable,including~ut,not limiteqtp the.following: a) Lessor ~gr<:<:~~11(lt;servic;e,.coIitraGi,agr~~rU~rit~,;f9r s119h'~ervi~g~ ...will1?r~vid~,6~~lo~:~e wages and b~nefit~.tl1tlt~evalu~d at85,%oftheSfate E~ployer,,9?st8!pr?x~~Ing "compar~bI8 wages and b~nefits .to;$tatee~plo~ees perfo:111in?~i111i1ar dut~~...... F()r,the~~p,~rposes,~pg:~ts inclydes health, dental, and visigD benr;fits ;mdjt....alsq...inpludes...retiretnent-,betlefitsjDolidaypay,i sick pay and vacation pay, b) Lessor shall ensure that eachcontractorilrid subcontractdr copy ofthe applicable regulations for GC 19134, c) Less()r~grees to c~rtify()n a' quarierly~?Sl's":that all co~tra9ts 'exec41~d byU~ssOf are 'In compliance with GC 19134, such services provided a d) , --'-""':--',''-'-,.:'' Lessor agr~esto include}I1the,service contracf'~~r~~trl$fl#,.-!heappJicable rep?rting, audit and termination for breach"proyisio!1sasdescribed.in theappli<~bleTegulations for Gg:19134. ~ 25B-12 Page-IO -Insurance 32. Lessor understands and alrrees to the following: The State of California has elected to be insured for its motor vehicle and l!eneral liability exposures throul!h a self-insurance OTOl!ram. The State Attorney General administers the l!eneral liability nrOl!ram throu2:h an annual aonronriation from the General Fund. The Office of Risk and Insurance Mana2:ement administers the motor vehicle liability orolITam. Under this form of insurance. the State and its emolovees (as defined in 810.92 Government Code) are insured for any tort liability that may develoD thfOue:h carrvint!'oiltofficial activities. includinl! State official ooerations on 000- State owned nrooertv.Sh?uI9 anY dllinis arise bv n~_~son,of, sl1?h'()oe~(itions or under an official contract or liceose ae:reementthev should be refer:ed to~e AttorD;ev (}en;r(iL State of California. Tort Liabilitv Section. 1300 "I" Street 11th Floor;~acramento.. ~alifornia 95814. Clairnsarisine from oDer~~ionsof 1l State-owned vehicle should be fOrnrarde~tothe()ffice,of Risk and Insurance Manal!ement. Auto Self.;.Insurance; 1325 "J" Street Suite 1800. Sacramento.' California 95814. T?e StateofC~lifornia has entered into a. Master Al!reement with th; State co~~:e~sation Insurance Fund to administer workers' comoensation benefits for all State emolovees. as reouir'ed bv theLaborCode; ADA Comoliance ~3.;The Sublessor shall ensure that any outstan~i?'~Amel"ic'~I5isabili~.Act ( ADA):Tit1~24 issues~ill be cOrrected and that the nroDosedmitil!ati~~,,~I~lIlassl1~?1~1:te~Vt'ith a,:.~ol"IlDI~ti~?d~t~ofrv;a~ch 1.2096;, bY,the City of San~~::;M~:;~~al~ b~ comolied~th., >~~s.tnitil!ati?n;DI.~n 'com~~etion,~ilt ~~ti:~~ll..~.A.:i~s~esjdentifi:d ~ a de~~i~n~v.in~h~sur~:VreDo~.~sco~~astedbv~e CitY,~fS~~~~Aria. ~a~l~~eto,~?~~l~~ith~?~ Miti~ati~n Plan bv MarchI; 2006.shaU'result in theterminatio'n of this leaseal!reement.Thisoaraeraphshallbe usedin'reference to EXhibit "B"S6ecificalions. @f~ 25B-13 Page-I] IN WITNESS WHEREOF, this lease has been executed by the parties hereto as ofthe date first above written. STATE OF CALIFORNIA Approval Recorrunended DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION PROFESSIONAL SERVICES,BRANCH By SCOIT MOORE; Real. Estate Officer Real Estate Leasing. and Management Section Date Approved DIRECTOR OF THE DEPARTMENT OF GENERAL SERVICES By MICHAEL STUMP, Leasing Manager Real Estate.Leasing and.tf'ianage,Illent Section Date EXHIBITS: Exhibit A = Floor Plan; 2 pages Exhibit B = Specifications; 4 pages LESSOR CITY OF SANTA ANA, a Muncipal Corporation of the State of California ATTEST By PATRICIA E. HEALY Clerk of the Council Date ...,...., APPROVED AS TO FORM . JOSEPH W. FLETCHER, City Attorney RECOMMENDED APPROVED ~ 25B-14 Page-12 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: NOVEMBER 7, 2005 TITLE CLERK OF COUNCIL USE ONLY: AGREEMENT WITH WESTERN MEDICAL CENTER FOR MEDICAL SUPPLIES AND PHARMACEUTICALS APPROVED D As Recommended D As Amended D Ordinance on 1" Reading D Ordinance on 2'" Reading D Implementing Resolution D Set Pubiic Hearing For !2Aa cllY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Santa Ana Western Medical Center for medical supplies and pharmaceutical supplies in an amount not to exceed $40,000 annually for a one-year term with two, one-year renewal options. DISCUSSION The Santa Ana Western Medical Center is the Santa Ana Fire Department's paramedic units "base hospital". As such, they carry the exact items required by Orange County Emergency Medical Services for paramedic units. This allows for the immediate restocking of pharmaceuticals and medical supplies used when responding to medical emergencies. Santa Ana Western Medical Center and pharmacy operates 24 hours per day, seven days a week, and has provided excellent service to the Santa Ana Fire Department for over twenty years. Continuous evaluation of possible alternatives has not provided a viable local option. The Santa Ana Fire Department requests a one-year agreement with two one-year options to renew, FISCAL IMPACT Funds are available in the Material and Supplies account Fire Department's Fire (account no. 11-323-6391). Suppression Other Phillip M. Garcia Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: ~\\~~"--"'r-.~ \\...1- ~~. Francisco Gutierrez ('-1! Executive Director Finance and Mgmt. Services Agency 25C-1 25C-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: APPROVED Ji Q~ CITY MANAGER o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2" Reading o Implementing Resolution o Set Public Hearing For AGREEMENT WITH MIKE LINARES FOR FEDERAL GRANT PROGRAM CONSULTING SERVICES 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 Mike Linares in an amount not to exceed $53,000 to provide technical consulting services for federal grant programs. DISCUSSION The City of Santa Ana receives federal grants through the Community Development Block Grant Program (CDBG), the Emergency Shelter Grant Program (ESG) and the Home Investment Partnership Act Program (HOME) to fund eligible activities relating to community development, social services for the homeless and affordable housing. periodically, City staff requires professional consulting services to ensure compliance with all federal regulations and procedures respecting these grant programs. For the past seven years, Mike Linares has provided consulting services on federal grant programs to the City of Santa Ana. The services provided include preparation of annual reports such as the Consolidated Annual Performance and Evaluation Report and the Consolidated Plan Annual Update. He also provides program design assistance to ensure compliance with federal regulations and technical assistance on utilization of HUD's electronic system for committing and disbursing grant funds. 250-1 Agreement with Mike Linares for Federal Grant Program Consulting Services November 7, 2005 Page 2 Under the proposed contract, Mr. Linares will work on an hourly basis as needed and as requested by the Executive Director of the Community Development Agency. The scope of work may include, but will not be limited to, design of programs funded by federal grants, preparation of periodic reports and utilization of HUD's electronic system for commi tting and disbursing grant funds. The hourly billing rate will be $ 7 5. Addi tional materials and supplies required to complete assigned tasks, or as requested by the City, will be billed at cost plus ten percent. FISCAL IMPACT Funds in the amount of $53,000 are available in the CDBG, HOME and HOPWA Administration accounts (account numbers 135-146-6291, 130-148-6291, 405- 148-6291) . i!L ttbt patricia C. Whitaker Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: 4/-- 11,',-. M.~~J11~~S~<:.C. N~.M~ !;rL Francisc Gu ierrez () Executive Director ~ Finance & Management Services Agency PCW/NE/mlr H:\ACTIONS\2005 CC\AgreeMLinaresforFedGrantProgConsultingSrvs 11-7-05.doc 250-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: APPROVED As Recommended As Amended Ordinance on 151 Reading Ordinance on 2"' Reading Implementing Resolution Set Public Hearing For AGREEMENT WITH COMMUNICATIONS SUPPORT GROUP FOR CABLE TV CONSULTING SERVICES ~cz. CIT MANAGER CONTINUED TO --- FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Communications Support Group to provide cable television franchise consulting services for a one- year period in an amount not to exceed $80,370. DISCUSSION For the past sixteen years, the City of Santa Ana has contracted with Communications Support Group for cable television franchise consulting services. Communication Support Group has agreed to an additional one-year term with no price increase. Communications Support Group will continue to provide its standard scope of services, including technical support to cable programming, customer service, and franchise compliance and administration. In addition, a comprehensive technical performance test of the I-Net and subscriber cable systems is performed on an annual basis, and an annual cable regulatory report is prepared documenting overall cable company activity and performance. Communications Support Group will continue to maintain the community bulletin board and develop a transition plan to continue programming services on Channel 3. The consultant will also coordinate the upgrade of the City Council Chamber audio/visual equipment. The Parks, Recreation and Community Services Agency is satisfied with the quality of services that Community Support Group has provided and recommends approval of the recommended action. 25E-1 Agreement with Communications Support Group for Cable TV Consulting Services November 7, 2005 Page 2 FISCAL IMPACT Funds for this agreement are available in the Community Affairs contractual services account (account no. 11-232-6291). Jb~Jrt(~ Gerardo Mouetl Executive Dir~ctor Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: 1~t'~~u" ~~ Francisco Gutierrez (t~ Executive Director Finance and Mgmt. Services Agency 25E-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For AGREEMENT WITH DR. LORRIE BOLDRICK FOR VETERINARY SERVICES f2A2 CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Dr. Lorrie Boldrick, DBA Quillie Acres, to provide veterinary services for the Santa Ana Zoo at Prentice Park for a period of one year in an amount not to exceed $35,000. DISCUSSION The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture to provide veterinary services for the collection of animals maintained at the Zoo. Dr. Lorrie Boldrick has provided veterinary services at the Zoo for 17 years. Dr. Boldrick has agreed to a new term at no increase in cost. Dr. Boldrick will provide a comprehensive program of preventative and curative medical care for the domestic animal collection located in the Crean Family Farm. In addition, Dr. Boldrick will consult with appropriate zoological and/or human experts and Zoo staff to make recommendations regarding the nutritional and medical needs of the animals. Dr. Boldrick will visit the Zoo facilities and examine the animals' health and sanitation on average 8 hours per week and assist with establishing and maintaining complete medical history records for each animal in the domestic animal collection. The Parks, Recreation and Community Services Agency is satisfied with the quality of veterinary services that Dr. Boldrick has provided and recommends approval of the recommended action. 25F-1 Agreement with Dr. Lorrie Boldrick for Veterinary Services November 7, 2005 Page 2 FISCAL IMPACT Adequate funds are available in the Santa Ana Zoo at Prentice Park contractual services expenditure account (account no. 11-247-6291). APPROVED AS TO FUNDS AND ACCOUNT: Gera<~;:;k K(J Executive Director Parks, Recreation and Community Services Agency ':l..(\~~''''r...) \...J~:::. Francisco Gutierrez ~ Executive Director Finance and Mgmt. Services Agency 25F-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: APPROVED AGREEMENTS FOR TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICES o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ,r2 FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute consulting agreements for temporary engineering and technical support services with Project Partners, PDS Technical Services, and CDI Business solutions for an amount not to exceed $150,000 each. DISCUSSION Staff has solicited proposals for temporary engineering services. These services will augment services provided by City staff and are required to complete the design of the City's Capital Improvement projects due to funding deadlines. Request for proposals were sent to several firms. Three proposals were received from Project Partners, PDS Technical Services, and CDI Business Solutions, which were reviewed and rated by Public Works Agency staff. All three firms have skilled personnel, high client satisfaction and competitive rates. It is recommended that Project Partners, PDS Technical Services, and CDI Business solutions be retained. Each firm was rated capacity to perform the ratings for the according to its qualifications, past experience and the required work. Based on the proposals submitted, firms are as follows: Firm Rating Project Partners PDS Technical Services CDr Business Solutions 84 82 75 25G-1 Temporary Engineering and Technical Support Services November 7, 2005 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The proposed contracts will have a limit of for the Design Engineering services will projects in the Capital Improvement Program. $150,000 each. Funds to pay be charged to the various APPROVED AS TO FUNDS AND ACCOUNTS: ,~ James G. oss Executive Director Public Works Agency ~ f' 0/1- ~&:~~-~ Executive Director Finance & Mgmt. Services Agency~ K:\Construction\RFCA-draft\11-07-0S temp engr services.doc 25G-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: APPROVED AMENDMENT TO CONTRACT FOR STEAM CLEANING SIDEWALKS IN DOWNTOWN SANTA ANA AND SOUTH MAIN STREET o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For ~. " r , /) ~. //)7. /).---- t,-,jo/ . . u r: C< CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to Agreement A2004-023 with TSCM Corporation for steam cleaning Downtown and South Main Corridor sidewalks in an annual amount not to exceed $260,000. DISCUSSION The 2005 annual assessment budget for the Downtown Business Improvement District (BID) provided $110,000 for sidewalk steam-cleaning maintenance. Representatives of the Downtown have expressed the need for all the streets in the BID area to be cleaned on a regular basis. The $110,000 of BID funds will enhance the current contract by including all the secondary streets in the BID area. Beginning November 9, 2005, the enhanced steam-cleaning program will allow for three linear blocks to be cleaned each night, five nights a week, Wednesday through Sunday. Based on this schedule, it takes five weeks to complete one full cleaning cycle for the major arterials and six weeks for the secondary arterials pursuant to the delineated areas in the attached map (Exhibit 1). The program also allows for additional cleanings as needed for major spills or to prepare for events. In addition, the colored sidewalks that have been installed as part of the South Main Street Enhancement project need to be cleaned three times a year. The sidewalks will be cleaned in November, February and May. The amount to perform this service is $20,000. 25H-1 Amendment to Contract for Steam Cleaning Sidewalks in DT Santa Ana and South Main Corridor November 7, 2005 Page 2 TSCM has been diligent in addressing its work plan in detail, and the company's efforts in the Downtown have achieved the required level of cleanliness. In addition, the steam cleaning will continue to comply with the City's National Pollutant Discharge Elimination System permit. FISCAL IMPACT Funds for the additional Improvement District Trust 3611) in the amount of (account no. 407-933-6291) Downtown work are available in the Business and Agency Reserve Account (account no. 93-01- $110,000, and the Downtown Maintenance Fund in the amount of $20,000. APPROVED AS TO FUNDS AND ACCOUNTS: ~.. . I) .~/: AliA '-=t~~~l'.. ~.~. "- Francisco Gutierrez Executive Director ~ Finance & Management Services Agency patricia C. Whitaker Executive Director Community Development Agency PCW/DM/mlr H:\ACTIONS\2005 CC\AmendContSteamCleanSidewalks 11-7-05.doc 25H-2 e = $.; OJ) o ~J: .,.. = = ~ - u e = ~ .... rJJ = ~ o ]J J , Mortimor f J '" -0 0) .g.< " - " u "" '" tl a " _ 0 o::IU S' li' iL .1 ~H- 25H-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE TENTATIVE PARCEL MAP NO. 2005-10 (COUNTY MAP NO. 2004-317) TO SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AND VARIANCE NO. 2005-14 FOR A REDUCTION IN STREET FRONTAGE AT 2000 EAST FIRST STREET - ST. JEANNE DE LESTONNAC SCHOOL, APPLICANT (lfl f) a~ CITY MANAGER APPROVED o As Recommended o As Amended D 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 Tentative Parcel Map No. 2005-10 (County Map No. 2004-317) as conditioned and Variance No. 2005-14 as conditioned. PLANNING COMMISSION ACTION On October 10, 2005, the Planning Commission adopted a resolution approving Tentative Parcel Map No. 2005-10 (County Map No. 2004-317) as conditioned and adopted a resolution approving Variance No. 2005-14 as conditioned by a vote of 5: 1 (Leo opposing, Lutz absent) to allow the subdivision of an existing parcel into two lots and a reduction in required street frontage in the general commercial (C2) zoning district at 2000 East First 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. ~Trevino Executlve Dlrector Planning & Building Agency VF:rb vf\reports\TPM05-10&VA05-14.cc 31A-1 REQUEST FOR Planning Commission Action I~ ,~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2005 TITLE: PUBLIC HEARING - FILED BY ST. JEANNE DE LESTONNAC SCHOOL FOR TENTATIVE PARCEL MAP NO. 2005-10 (COUNTY MAP NO. 2004-317) TO SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AND VARIANCE NO. 2005-14 FOR A REDUCTION IN STREET FRONTAGE AT 2000 EAST FIRST STREET Prepared by Vince Fregoso APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~xecutive Director ~~~ RECOMMENDED ACTION 1. Adopt a resolution approving Tentative Parcel Map No. 2005-10 (County Map No. 2004-317) as conditioned. 2. Adopt a resolution approving Variance No. 2005-14 as conditioned. DISCUSSION Request of Applicant The Sisters of the Company of Mary Our Lady are requesting approval of a tentative parcel map to allow the subdivision of an existing parcel of land into two parcels and a variance to allow a parcel without the required street frontage at 2000 East First Street. Property Description The project site is a 7.9-acre, rectangular shaped parcel of land located at 2000 East First Street. The site currently contains a recently completed multi-use ball field for St. Jeanne de Lestonnac School, located directly east of the site. Upon completion of all planned construction, the site will contain the ball field, a 4,000 square foot child care facility, a restroom building and 149 parking stalls. The zoning designation for the site is General Commercial (C-2) and has a General Plan land use designation of Professional and Administrative Office (PAO). Surrounding land uses include office and retail to the north; the Santa Ana Freeway (I-5) to the south; office buildings and St. Jeanne de Lestonnac School to the east; and office buildings to the west (Exhibits 1 and 2) . EXHIBIT A 31A-2 Tentative Parcel Map No. 2005-10 Variance No. 2005-14 October 10, 2005 Page 2 Project Description The applicant is requesting approval of the tentative parcel map in order to subdivide the existing 7.9-acre parcel of land into two lots. Parcel One will consist of 5.95 acres and will remain under ownership of the school. This parcel, located to the south, will be occupied by the multi- use ball field and other school uses. Parcel Two will be approximately 1.86 acres in size and is intended to be sold to a developer who is planning to construct a medical office building. The current proposal is for the subdivision of land only, with no development submitted with this application (Exhibit 3) Analysis of the Issues The Sisters of the Company of Mary Our Lady are seeking approval of a tentati ve parcel map to subdivide a parcel of land into two parcels. Since the applicant has submitted this application to subdivide the land for conveyance purposes only, no major issues were identified with the proposal. The project is consistent with the City's General Plan, with no impacts to adjacent properties or the environment expected. The applicant is proposing to share a common driveway with the future owners of Parcel Two. In order to maintain easements and services over the two integrated, separately owned parcels of land, conditions, covenants and restrictions (CC&Rs) will need to be concurrently recorded for the site. This document, which will include provisions for shared ingress and egress, utilities, drainage, landscaping and maintenance, must be approved prior to approval of the Final Map. A review of the City of Santa Ana Municipal Code and the California Subdivision Map Act shows that this proposed tentative parcel map complies with the State Map Act and Chapter 34 of the Municipal Code. As this project is in compliance with both state and city requirements, it is recommended that Tentative Parcel Map No. 2005-10 be approved as conditioned. The applicant is also requesting approval of a variance for a reduction in required street frontage for the proj ect. Santa Ana Municipal Code Section 41-384 requires a minimum of 120 feet of street frontage for any parcel located within the C-2 zoning district while the applicant is requesting the creation of a lot with only 48.5 feet of street frontage. 31A-3 Tentative Parcel Map No. 2005-10 Variance No. 2005-14 October 10, 2005 Page 3 Staff recommends approval of the variance request for the reduced street frontage for several reasons. First, the requirement to maintain 120 feet of street frontage is intended to ensure that commercial developments are built on parcels that have adequate street frontage that allow access to the site. The proposed subdivision will result in the creation of two parcels: one with 48 feet of frontage and a second with approximately 340 feet of frontage. This smaller frontage is acceptable to staff as St. Jeanne will utilize the smaller frontage as an access point to the site. The 340 feet of frontage for the new parcel exceeds the minimum frontage for a commercial site and will provide adequate frontage for access to the new parcel. Second, St. Jeanne will use the driveway as a secondary access point to the ball field, future child care facility and as a secondary access point to the campus during morning drop-off and afternoon pick-up times. Therefore, since the school will not be utilizing First Street as the primary street frontage for the school, the need for the minimum 120 feet of frontage is not needed. Finally, upon build out of both parcels, the parcels will serve as an integrated development site between the school and the future office building, thereby minimizing the need for 120 feet of frontage for the school site. Based on the above analysis, staff recommends that Commission approve Tentative Parcel Map No. 2005-10 (County 317) as conditioned and Variance No. 2005-14 as conditioned 5,6 and 7). the Planning Map No. 2004- (Exhibits 4, 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 15315. This Class 15 exemption allows the subdivision of four or fewer lots that comply with the General Plan. Categorical Exemption Environmental Review No. 2005-03 will be filed for this project. Vince Freg Senior Pla VF:JM vf\reportS\TPM05-10&VAOS-14.pc 31A-4 p 3 ,',.1 ~~~-:l 0 - R1 0 I R4 50-21 R1 R1 P ~ , p . p , 1 0 3 p R2 R2 R2 p 1 ! . 1[J i ~ cs C1 l.,-," ,. t C2 C2 , C2 ~ C5 C2 R1 , "2." ------1F~--r-- R3 0 , R3 0 CHESTNUTAV. M1 Nt; R4 i. R1 h , , WARREN T. c , ~" I -----1 -- I PROJECT SITE C2 A1 ......51. R4 r 1 A1 ~ " -B C-SM C1 C1-MD C2 C3 C3-A C, C, GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL CQMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS.ARTISTVILL.AGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC "' "2 "0 o P PCO PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT ~ ~ TPM 05-10NA 05-14 ST. JEANNE DE LESTONNAC 2000 EAST FIRST STREET 1" = 1000 FEET P LAN N N G AND BUILD EXHIBIT 1 31A-5 N G p p C5 R1 R2 R3 R' RE so SP > ~ w W II: .. "' "' lJ.L l~ ~-cr ..-.".[ , ",. L of Tustin SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN A Pi' - = 500 FEET AGE N C Y o w omeo let'" VACANT BUlL DING 1 tl 1 pi I FI I II / II OFFICE FIRST 1 1 1 1 1 1 10 1 10 I, 1 10 1 P 1 1 1 1 STREET OFFICE PROJECT ~ o SITE " " a Santa Ana City Limits ~ ST. JEANNE'S a- SCHOOL ~ . i City 0 f Tu 5 tin MAIN ST. ~ ~ A TPM 05-10NA 05-14 ST. JEANNE DE LESTONNAC 2000 EAST FIRST STREET A o0f' PLANNING AND BUILDING AGE N C Y EXHIBIT 2 31A-6 I POR. W 1/2, LOT 'c STAFfORD << TUSTIN TRACT MRLA. CO U61a~619 [XISTING-COMMERCIAL w VICINITY MAP ...,TTa'CALE TENTATIVE PARCEL MAP NO. 2004-317 CllY OF SANTA ANA. COUNTY OF ORANGE. STATE OF CALIFORNIA ,~. ..~ '" -' --; -I:, 'Y')Jj'l 1": IJI:: ,1/'1, " , Ii!: -"',' I:'i "1"< I'), rH' rljl, I:I!: '1/'1 I.::, b,1 ",' "t I'" 1'1" III, I:i' 1:/ t' ~ ~", . 'i,"" I"" I!,:,' "1'1 I::' I).t: 111': I :: jl ~ r: 1::1 'II" 1'" ,'" '" II", "II, '" ,"" '" ,'''' II" 'II ~ i::' ","0, ,'I, '" I ~I I ~ I' I ,!<",,""W'~=~~' : I, I --;;;\;:.;~ ~-;) -E - ~'" PARca 2 R,S. 74/3 '- PARCH t ~ ~ I ~ !'=> ~ ~ to; i2 ~ -'4; (j ~ ~ :3 " , ;:s ~ ^ ~-Yl.'t EX/STING-SCHOOL .'" ..~"" :i!'~p- 'v TPM 05-10NA 05-14 EXHIBIT 3 ""''' ASSESSOR'S PARCEL NUMBER: PROJECTADOllESS: """""""",,<1 "MT>,"'.co.m"" lfGAl.oescRIPTION: T"""'T",LFDfLO!"C'oI'''''''''_'''''M1I''''CT '" r...w'OF...."'"~ "'-"T''''''''',,",. '''T'''''''lF_U "'""'"'''''.....'''''''"0<01".'''.....,,,....''''.,,''' ."""""''''''''''O'.''O''OO''''''''''''''"'',O''-[FC''''' HCEPTJ,," '''''''''"'' T"" '''''H<t< 'OI<'I'Ylo to 1'1' ""'''' c"-"_"""""''''''"""O"",,-,,,. ""'[.''''''''''.''""'' "'Of'I''''''''',,"'' "-SO,,,;,,,,,''',",,''',,,,,'",,''',,,'''',,"'",,,,,,,,,,,''' ',,-rF_" " '1"" OPOE'''EINOE'''''TJ'''' ""COOJEO""""II"'. ,,,,,...,.,,,""',,"'....."''''''''IC'''''''',,,, TENTATIVE TRACT NO, ENGINES<, '.[F,,,,,,,,,,,., ""'ALr"",_"" '""""."LI'","" ""'<1>-''''' OVJNERISUBDMDER: T""SISTIA'OFT"""""'''''''.'''''''-''LI''' ,.,,,,-"'T,,,.,,,,,," M"'.C...,,"'"""'" DEVELOPER 6; CONTACT: "-.,,...... "",...., "'"''' ''''1<0. "LI,_a,,,,,,, ''''1<0<.",''''.''''''''''''''''0' 'M. ",..",-,,'" GENERAL INfORMATION: ,,,,,,...,,,,,,",, '.co.LI. ""."<'''',,'.co.l>. ,,,"",J.", " ~~~::~~:,'~:~1:~.~~!~!:~~:;~~::;:;.:=.,":" PROPOSED IMPROVEMENTS: ..,,, "'"'''' ,ooT CHlLOC"'" "OIU" .',,,,, """ ,--" ,"""""... . "",."." ""'."-,,,,,,,,,.., ".", "",m"'''.T'''''''T," ". """""... ",.,," '''''''''''0 ".aoe",'" "1"""".."."",,,,,,,",,,,, 'T_OR""""'. ""'" "''''''''"",","T',"''''''-''''''L<O,",cc"""",.l1"'T'''''''D'''''''' ,"-,,-,-"'I""'-"I"'I'RlOO """"""",,..1U",,-''''-'''0'''''''',," T"".rr< '.",-"."''''L.L"'E''''''''"''''''''''K;''.'' '.T..."""'''.T.....'''''.....,.,'''EOJ1[''''''[...'''-"'''"",""O,,.''c'''"' !C'.""'''''''''....t<KN". T"'C"",,,-,"'[""OO,,,,",[",,BUlLOI"'OT"""'" '.'LL""",:T,".","",,,,,,,,,,"<rEDIIlT""''''''''''''''''.'''',,"lE"'''''' ...,,,",,,,,,,,,,,,,.,,,,,,-,,_r",-,,,,,,,,,,,,,,,,",,,,,,,,,,, '.,,'m'.'"''''''''ICE'''''''''''-'FF.''THE,mTI''''''',"FI''T''''''' ''''''HE'''''''''..U.O.L1''''T''''''''''''''-''''''''''''''''.'''''' '.1""..""'...""',,,,,"'".,,""'''."1''''........,...'''',..'''.,, EASEt.l:NTNOTES: 0"''''.."..J"''''''''''SOJ.....''''-[f'''"''ml'''''OO.'.."T1Lm~.... O.....>o/"....,'N$I...,.>OO'.."..." ill~.:"i~i /; ~;~,~ ':'"i~ CO' -"'" ".. ",.., -,..". """ "., (1)~: ~'=~.~.~~':[;:;:~."':,:~~.., "'" ,,"[1"" <no! 0<A!D11:"'~".."_'"..."~ ill~'''''''''''''"''''''.,..-''''__..,"''''''''''''''"''''"'' (l)E'SDE" """""""'''"''' """"'"""" STATEMENT Of OWNERSHP: ... n"""'"''''I><:<>>f'''''''''''''''''''''. LlO><:I.'"'''''''''''''''TE''''''''''' '><:.-.s",,,,,,,,,,,,,,,,,.,,..',,,,,,, TH"T'"W["''''''''...''''' ["" "'.,..< """'""" 'O"""""''',"''''i.''O...Iro'''IIEB'''O<E'ST""""",,,",,..,r.~",,'''''' """"","'-.,.,"',""""",,, ENGINEEA'SSTATEMENT 0,'.'" , . ~ ,,- :; .. ,..,,-..~ .. "o-"ff<ti ~ -.","' .~~.~.:-.= Tentative Parcel Map No. 2005-10 October 10, 2005 Page 1 of 2 Findings of Fact A. The proposed proj ect, as conditioned, improvements are consistent with the designation of the General Plan and are all other elements of the General Plan. and its design General Commercial otherwise consistent and (GC) with Tentative Parcel the land uses as will only create alter the project Map No. 2005-10 will have no adverse affect on prescribed by the General Plan. The proj ect new property lines and will not otherwise as approved. B. The proposed proj ect, as requirements of the zoning applicable City ordinances. conditioned, conforms to all applicable and subdivision codes as well as other Tentative Parcel Map No. 2005-10 is in keeping with the provisions of Site Plan Review and Chapters 34 and 41 of the Santa Ana Municipal Code, with the exception of the street frontage requirement for the school site. These provisions pertain to the subdivision of land and development standards for the site. Additionally, the project will be in compliance with all applicable building codes related to the project. C. The project site is physically suitable for the type and density of the proposed project. Tentative Parcel Map No. 2005-10 will not create a condition that makes the subdivision physically unsuitable for the site. This proposed project is for subdivision purposes only and does not involve any new construction. D. The design and improvements of the proposed project substantial environmental damage or substantially injure fish or wildlife or their habitat. will not cause and avoidably The parcel map will not cause any environmental damage nor injure fish or wildlife as no fish or wildlife was identified as residing on the project site during the environmental review of this project. f1~~'8 4 Tentative Parcel Map No. 2005-10 October 10, 2005 Page 2 of 2 E. The design or improvements of the proposed proj ect will not cause serious public health problems. No alterations are proposed to the development project that will lead to serious damage or create public health problems. The project was analyzed through the environmental review process to ensure that no environmental or health problems will be created. As a result, approval of the tentative parcel map will not affect the health or safety of persons residing in the vicinity. F. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. Approval of the tentative parcel map will not create any conflicts with existing easements found on the site. As a condition of approval of the parcel map, conditions, covenants and restrictions (CC&Rs) will need to be recorded for this proj ect. These CC&Rs will ensure that access, egress, and other necessary easements are maintained over the two parcels. 31A-9 OCTOBER 10, 2005 PAGE 1 OF2 Conditions for Approval Should Tentative Parcel Map No. 2005-10 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 parcel map. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. Failure to comply with each and every condition may result in the revocation of the parcel map. A. Planning Division 1. The Final Map is required to be recorded within two years of the date of approval of the tentative map by the City Council. 2 . Two copies of submitted each within 10 days the recorded Final Map to the Planning Division of recordation. and CC&Rs need to be and Public Works Agency 3. All development development and issuance. within permit the fees area of the in effect at map is subject to the time of permit 4. All development within the area of the map is subject to all design and development standards in effect at the time of permit issuance. 5. The tentative map, final map, and all improvements required to be made or installed by the subdivider will be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Conditions, Covenants and Restrictions (CC&Rs) will need to be recorded in conjunction with the recordation of the Final Map. The CC&Rs will need to include provisions for shared parking, access and egress, landscaping and site maintenance. 7. All proposed site improvements must conform to the Site Plan Review approval of DP No. 05-7. ~~~21 b Variance No. 2005-14 October 10, 2005 Page 1 of 1 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. Special circumstances exist that necessitate a variance for a reduction in street frontage. The driveway is intended to be a secondary access point to the school facilities, which will be located at the rear of the property. As the driveway will be designed to comply with City codes, the granting of a variance is warranted. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for a reduction in street frontage will allow the enjoyment of property rights. Since the school will take secondary access from First Street, and at least one access points is proposed for the office building, a reduction in the required street frontage is warranted. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The street frontage variance will not be detrimental to the surrounding area as access to both sites will be provided. Additionally, surplus parking will be provided for the school, thereby reducing impacts to surrounding properties. D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Professional and Administrative Office (P) encourages development that is well planned. f~~~1 ~ OCTOBER 10,2005 PAGE 1 OF 1 Conditions for Approval Variance No. 2005-14 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 this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 05-7. B. Police Department 1. The applicant shall install a Police/Fire knox box on the entry gate to the facility. 3r)f~1 ~ KO - 10/20/05 RESOLUTION NO. 2005-71 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2005-10 AS CONDITIONED AND VARIANCE NO. 2005-14 FOR A REDUCTION IN STREET FRONTAGE FOR THE PROPERTY LOCATED AT 2000 EAST FIRST STREET (COUNTY MAP NO. 2004-317) BE IT RESOLVED BY THE PLANNING COMMISSION 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 has requested approval of Tentative Parcel Map No. 2005-10 seeking to subdivide the existing 7.g-acre parcel of land into two lots, and Variance No. 2005-14 for a reduction in street frontage for the property located at 2000 East First Street. (County Map No. 2004-317) B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on October 10, 2005. C. The Planning Commission of the City of Santa Ana determines that for Tentative Parcel Map No. 2005-10, which seeks to subdivide the existing 7.g-acre parcel of land into two lots, the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the General Commercial (GC) designation of the General Plan and are otherwise consistent with all other elements of the General Plan. Tentative Parcel Map No. 2005-10 will have no adverse affect on the land uses as prescribed by the General Plan. The project will only create new property lines and will not otherwise alter the project as approved. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Tentative Parcel Map No. 2005-10 is in keeping with the provisions of Site Plan Review and Chapters 34 and 41 of the Santa Ana Municipal Code, with the exception of the street frontage requirement for the school site. These provisions pertain to the subdivision of land and 31A-13 Resolution No. 2005-71 Page 1 of 5 development standards for the site. Additionally, the project will be in compliance with all applicable building codes related to the project. 3. The project site is physically suitable for the type and density of the proposed project. Tentative Parcel Map No. 2005-10 will not create a condition that makes the subdivision physically unsuitable for the site. This proposed project is for subdivision purposes only and does not involve any new construction. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The parcel map will not cause any environmental damage nor injure fish or wildlife as no fish or wildlife was identified as residing on the project site during the environmental review of this project. 5. The design or improvements of the proposed project will not cause serious public health problems. No alterations are proposed to the development project that will lead to serious damage or create public health problems. The project was analyzed through the environmental review process to ensure that no environmental or health problems will be created. As a result, approval of the tentative parcel map will not affect the health or safety of persons residing in the vicinity. 6. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. Approval of the tentative parcel map will not create any conflicts with existing easements found on the site. As a condition of approval of the parcel map, conditions, covenants and restrictions (CC&Rs) will need to be recorded for this project. These CC&Rs will ensure that access, egress, and other necessary easements are maintained over the two parcels. D. The applicant is requesting the creation of one parcel with 48.5 feet of street frontage, and 340 feet of street frontage for the second parcel. 1. Santa Ana Municipal Code Section 41-384 requires a minimum of 120 feet of street frontage for any parcel located within the C-2 zoning district. 2. The Planning Commission of the City of Santa Ana determines that for Variance No. 2005-14, to allow one parcel to have reduced 31A-14 Resolution No. 2005-71 Page 2 of 5 street frontage (48.5 feet of street frontage), the following findings have been established: i. 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. Special circumstances exist that necessitate a variance for a reduction in street frontage. The driveway is intended to be a secondary access point to the school facilities, which will be located at the rear of the property. As the driveway will be designed to comply with City codes, the granting of a variance is warranted. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for a reduction in street frontage will allow the enjoyment of property rights. Since the school will take secondary access from First Street, and at least one access points is proposed for the office building, a reduction in the required street frontage is warranted. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The street frontage variance will not be detrimental to the surrounding area as access to both sites will be provided. Additionally, surplus parking will be provided for the school, thereby reducing impacts to surrounding properties. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Professional and Administrative Office (P) encourages development that is well planned. 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 15315. This Class 15 exemption allows the subdivision of four or fewer lots that comply with the General Plan. Resolution No. 2005-71 Page 3 of 5 31A-15 Categorical Exemption Environmental Review No. 2005-03 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves: 1. Tentative Parcel Map No. 2005-10 (County Map No. 2004-317) as conditioned in Exhibit "A" attached hereto and incorporated herein, and 2. Variance No. 2005-14 for a reduction in street frontage for the property located at 2000 East First Street as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated October 10, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of October, 2005 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Rodriguez (5) NOES: Commissioners: Leo (1) ABSENT: Commissioners: Lutz (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Vice Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney 31A-16 Resolution No. 2005-71 Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-71 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 10, 2005. Date: Planning Commission Secretary City of Santa Ana 31A-17 Resolution No. 2005.71 Page 5 of 5 Conditions for Approval for Tentative Parcel Map No. 2005-10 (Countv Map No. 2004-317) Tentative Parcel Map No. 2005-10 (County Map No. 2004-317) 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 subdivision. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. A. Plannina Division 1. The Final Map is required to be recorded within two years of the date of approval of the tentative parcel map by the City Council. 2. Two copies of the recorded Final Map and CC&Rs need to be submitted each to the Planning Division and Public Works Agency within 10 days of recordation. 3. All development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 4. All development within the area of the map is subject to all design and development standards in effect at the time of permit issuance. 5. The tentative map, final map, and all improvements required to be made or installed by the subdivider will be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Conditions, Covenants and Restrictions (CC&Rs) will need to be recorded in conjunction with the recordation of the Final Map. The CC&Rs will need to include provisions for shared parking, access and egress, landscaping and site maintenance. 7. All proposed site improvements must conform to the Site Plan Review approval of DP No. 05-7. EXHIBIT "An 31A-18 Conditions for Approval for Variance No. 2005-14 Variance No. 2005-14 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 this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 05-7. B. Police Department 1. The applicant shall install a Police/Fire knox box on the entry gate to the facility. EXHIBIT "B" 31A-19 31 A-20 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For RESOLUTION IN SUPPORT OF AIR FAIR f2dl2 CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution in support of Air Fair, an organization dedicated to securing noise limitations, maintaining comprehensive curfews, and halting the expansion of John Wayne Airport. DISCUSSION Formed in May 2002, Air Fair seeks to inform residents of the John Wayne Airport corridor cities about the airport and its effect on the environment and citizen's health, specifically in the areas of noise and pollution. Air Fair's goal is to limit flights and passengers at John Wayne Airport. under the extended settlement agreement completed in 2003, the top passenger allowance is 10.3 million annual passengers until 2011. Current airport projections suggest that John Wayne will have reached its passenger cap by 2006. Between 2011 and 2015, the agreement raises the passenger allowance to 10.8 million. Air Fair's mission is to secure a permanent cap on passenger allowance of 10.8 million passengers per year. Airport expansion increases noise, environment, public health and other quality of life issues related to aviation operations. The City of Costa Mesa and villa Park have adopted similar resolutions in support of Air Fair. FISCAL IMPACT There is no fiscal impact associated with this action. 55A-1 lO/tl/05Ies RESOLUTION NO. 2005-103 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SANTA ANA IN SUPPORT OF AIR FAIR, A POLITICAL ACTION COMMITTEE, TO HALT EXPANSION OF THE JOHN WAYNE AIRPORT 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 people who live and work under the John Wayne Airport ("JWA") flight path have done more than their fair share to live with the impacts of Orange County air travel. B. A strong community-driven citizen force is needed to say "NO" to further expansions of JWA. C. The annual passenger cap (Million Annual Passengers - "MAP") will now allow for 10.8 MAP along with new gates and additional flights to accommodate the increased passenger loads. D. The new agreement extends through the year 2015, with curfew through year 2020. E. The pressure to expand JWA will continue to occur and grow during the time span of the agreement. F. A political action committee named Air Fair has been formed to create a strong and broad citizen force, and is premised on the belief that residents throughout the JWA flight path must unite and actively work together to secure permanent caps, noise limitations and comprehensive curfews at JWA. G. Air Fair will act cooperatively with other groups such as the Airport Working Group, but fill the void that is needed to focus specifically on limits at JWA. H. The efforts of Air Fair can be significantly enhanced by sponsoring organizations including the support of the City of Santa Ana. Section 2. The City of Santa Ana hereby expresses its support of Air Fair and its purpose, and will join the organization by allowing its name to be used as a Sponsoring Organization. ADOPTED this day of ,2005. Resolution 2005-103 Page 1 of2 55A-2 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: Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No.2005-103 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution 2005-103 Page 2 of 2 Clerk of Council City of Santa 55A-3 55A-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: 2006 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM DEVELOPMENT APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2" Reading o Impiementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution affirming the City's continuing commitment to fund and implement projects for which Santa Ana is the Lead Agency, as identified in the 2006 Regional Transportation Improvement Program (RTIP). DISCUSSION The RTIP is a comprehensive programming document that contains detailed project listings for all regionally significant projects within the Southern California Association of Governments (SCAG) region. Development and adoption of the RTIP is required in order to receive State and Federal funding. The Orange County Transportation Authority {OCTAl has the responsibility of developing the RTIP for the entities within its jurisdiction of Orange County. Upon completion, the RTIP is forward to SCAG for inclusion in the regional RTIP. The regional RTIP is ultimately forwarded to the Federal Highway Administration (FHWA) for review and inclusion in the Federal Transportation Improvement Program (FTIP). As required by FHWA, the RTIP/FTIP must be a financially constrained document, meaning that programming cannot exceed actual funds available. To help ensure compliance with this regulation, agencies that have projects in the RTIP are required to approve a resolution certifying that the requested projects are financially constrained and that the agency is committed to delivering them. The City of Santa Ana has 29 projects that meet the requirements for inclusion in the 2006 RTIP, covering FY 2005-2006 through 2009-2010. 558-1 2006 Regional Transportation Improvement Program Development November 7, 2005 Page 2 All of these projects are currently part of the Council-approved, City of Santa Ana Capital Improvements Program. Staff is requesting that the following projects be recognized in the 2006 Regional Transportation Improvement Program: PROJECT PROGRAM FY Broadway: Civic Center to First AHRP 2005-2006 Ci vic Center Drive: Fairview to Flower AHRP 2005-2006 Edinger Avenue: Euclid to Newhope AHRP 2005-2006 Edinger Avenue: Grand to Ritchey AHRP 2005-2006 McFadden Avenue: Bristol to Raitt AHRP 2005-2006 McFadden Avenue: Standard to ECL AHRP 2005-2006 Santa Clara Avenue: Grand to Tustin AHRP 2005-2006 Bristol Street: Memory to NCL AHRP 2006-2007 First Street: Euclid to WCL AHRP 2006-2007 First Street: Santa Ana River to Bristol AHRP 2006-2007 Flower Street: 17th to Civic Center AHRP 2006-2007 Flower Street: 1st to Edinger AHRP 2006-2007 Fourth Street: I-5 to SR-55 AHRP 2006-2007 Main Street: 8th to Buffalo AHRP 2006-2007 Main Street: Columbine to Sunflower AHRP 2006-2007 Main Street: Walkie to NCL AHRP 2006-2007 Segerstrom Avenue: Flower to Bristol AHRP 2006-2007 Seventeenth Street: Fairview to Bristol AHRP 2006-2007 Standard Avenue: 1st to Warner AHRP 2006-2007 Tustin Avenue: 17th to NCL AHRP 2006-2007 Warner Avenue: Otis to Raitt AHRP 2006-2007 Alton Avenue Overcrossing @ SR-55 GMA 2009-2010 Grand/Dyer Intersection GMA 2009-2010 Seventeenth/Broadway Intersection GMA 2009-2010 Bristol Street: Warner to Memory Lane IIP 2006-2007 Grand Avenue Widening MPAH 2009-2010 Moulton (Edinger Avenue) Smart Street: MPAH 2005-2006 Ritchey to Redhill First Street Bridge Widening over Santa Ana River MPAH/GMA 2009-1010 MacArthur Boulevard @ SR-55 RIP 2009-2010 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 558-2 2006 Regional Transportation Improvement Program Development November 7, 2005 Page 3 FISCAL IMPACT The City identified future Measure M Turnback and Gas Tax funds in the 7-Year CIP to provide the required matching funds for the requested projects in the year of expenditure. APPROVED AS TO FUNDS AND ACCOUNTS: m9:A~ ~;1~~L a es G. Ross Executive Director Public Works Agency ~\,,{"\~"l'" Francisco Gutierrez Executive Director Finance & Mgmt. Services ~.~ L 0 - Agency -//>' 558-3 Iss10/21/05 RESOLUTION NO. 2005-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY OF SANTA ANA HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE FY 2005-2006 - 2010-2011 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING ITS COMMITMENT TO IMPLEMENT ALL THE PROJECTS SUBMITTED IN THE PROGRAM 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 Orange County Transportation Authority (OCTA), as the agency responsible for short-range capital and service planning and programming for the Orange County area, requires an approved Resolution from the governing body of the Lead Agency for all projects included in the Regional Transportation Improvement Program (RTIP). B. The City of Santa Ana desires to include the projects listed in Exhibit A hereto, (hereinafter, "said Projects") in the OCTA's 2006 Regional Transportation Improvement Program (RTIP). C. The City of Santa Ana warrants that full funding is committed and available for said Projects submitted for programming in the first three years (FY 2005- 06, 2006-07, 2007-08) of the 2006 RTIP; and that the City of Santa Ana accepts responsibility for full funding of said Projects and warrants that no additional funding allocations are required of OCTA for the City of Santa Ana to fully implement said Projects. Projects scheduled in fiscal years 2008-09 through 2010-11 are expected to receive funding through anticipated revenues. Therefore all said Projects submitted for inclusion in the 2006 RTIP are financially constrained. D. The City of Santa Ana possesses the legal authority to submit said Projects for inclusion in the Transportation Improvement Program and to finance, acquire, and construct said Projects. Section 2: The City Council of the City of Santa Ana affirms its continuing commitment to said Projects listed in Exhibit A, commits to carry out said Projects consistent with the Project implementation schedule and certifies that it will allocate the necessary local match funds necessary to carry out any federally approved Project. 558-4 Section 3: The City of Santa Ana will comply with applicable provIsions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, and any other Federal, State, and/or local laws, rules, and regulations. 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: Laura S. Sheedy Assistant City Attorney AYES: Councilmembers NOES: Council members ABSTAIN Councilmembers NOT PRESENT Councilmembers CERTIFICATE OF ORIGINALITY I, Patricia E. Healy, Clerk of the Council, do hereby certify the attached Resolution No. 2005-104 to be the original resolution adopted by the City Council of the City of Santa Ana on , 2005. Date: Clerk of the Council City of Santa Ana 558-5 EXHIBIT A CITY OF SANTA ANA 2006 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM Broadwa : Civic Center to First Civic Center Drive: Fairview to Flower Edin er Avenue: Euclid to Newhope Edin er Avenue: Grand to Ritche McFadden Avenue: Bristol to Raitt McFadden Avenue: Standard to ECl Santa Clara Avenue: Grand to Tustin Bristol Street: Memo to NCl First Street: Euclid to WCl First Street: Santa Ana River to Bristol Flower Street: 17th to Civic Center Flower Street: 1 st to Edin er Fourth Street: 1-5 to Sr-55 Main Street: 8th to Buffalo Main Street: Columbine to Sunflower Main Street: Walkie to NCl Se erstrom Avenue: Flower to Bristol Seventeenth Street: Fairview to Bristol Standard Avenue: 1 st to Warner Tustin Avenue: 17th to NCl Warner Avenue: Otis to Raitt Alton Avenue Overcrossin SR-55 GrandlD er Intersection Seventeenth/Broadwa Intersection Bristol Street: Warner to Memo lane Moulton (Edinger Avenue) Smart Street: Ritche to Red Hill Grand Avenue Widen in First Street Brid e Widenin over Santa Ana River MacArthur Boulevard SR-55 AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP AHRP GMA GMA GMA liP MPAH MPAH MPAH I GMA RIP Program Abbreviations: AHRP - Arterial Highway Rehabilitation Program GMA - Growth Management Area liP - Intersection Improvement Program MPAH - Master Plan of Arterial Highways RIP - Regional Interchange Program 558-6 2005-2006 2005-2006 2005-2006 2005-2006 2005-2006 2005-2006 2005-2006 2006-2007 2006-2007 2006-2007 2006-2007 2006-2007 2006-2007 2006-2007 2006-2007 2006-2007 2006-2007 2006-2007 2006-2007 2006-2007 2006-2007 2009-2010 2009-2010 2009-2010 2006-2007 2005-2006 2009-2010 2009-2010 2009-2010 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: APPROVED As Recommended As Amended Ordinance on 1 st Reading Ordinance on 2"' Reading Implementing Resolution Set Public Hearing For AMENDMENT OF RESOLUTION CONDITIONALLY APPROVING CABLE TELEVISION FRANCHISE TRANSFER .- ADELi'; .,.. ...... Y~,IJ e ,-~ CITY MAN,A; ER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution amending "nunc pro tunc" Resolution conditionally approved Adelphia Communication's transfer television franchise to Time Warner Cable. 2005-092 of its which cable DISCUSSION On October 3, 2005 the City Council conditionally authorized a transfer of the Santa Ana cable television franchise from Adelphia Cablevision of Santa Ana, LLC to Time Warner NY Cable LLC, by Resolution No. 2005-092. Time Warner has requested that the resolution be amended in minor respects to enhance its clarity and accuracy. The first corrects a finding in the resolution that Time Warner NY Cable LLC is a "wholly owned" subsidiary of Time Warner Cable, Inc. The second change is to the transfer agreement and clarifies that until the transfer is complete, all of the parties reserve their respective rights. The City Attorney's Office and the City telecommunications special counsel have reviewed Time Warner's requested changes and find them legally acceptable. This action is described as a "nunc pro tunc" action, meaning that it is technical in nature and is considered retroactive in effect. FISCAL IMPACT There is no fiscal impact associated with this action. ,(fYl/) Mouet, Executive Director Parks, Recreation and Commun'ty Services Agency 55C-1 (JWF 11/1/05) RESOLUTION NO. 2005-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING NUNC PRO TUNC RESOLUTION NO. 2005-092 WHICH CONDITIONALLY AUTHORIZED THE ASSIGNMENT OF A CABLE TELEVISION FRANCHISE BY ADELPHIA CABLEVISION OF SANTA ANA, LLC TO TIME WARNER NY CABLE LLC, AN INDIRECT SUBSIDIARY OF TIME WARNER CABLE INC.. 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 3, 2005, the City Council of the City of Santa Ana adopted Resolution No. 2005-092, which conditionally authorized the assignment of a cable television franchise by Adelphia Cablevision of Santa Ana, LLC ("Adelphia") to Time Warner NY Cable LLC, an indirect subsidiary of Time Warner Cable Inc ("Time Warner"). B. Time Warner has requested that said resolution be amended in minor respects to enhance its clarity and accuracy, which amendments the City Council is willing to make with the understanding that the amendments will not affect the effective date of the City's timely conditional authorization of the assignment from Adelphia. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA RESOLVES AS FOLLOWS: Section 1. Section 1 of Resolution No. 2005-092 is amended nunc pro tunc by deleting the words "wholly-owned" and Section 1 is restated to read as follows: "In accordance with Section 15-254(f) of Article II, Chapter 15 of the Santa Ana Municipal Code, the Franchise Authority consents to and approves the proposed assignment of the Franchise by Adelphia Cablevision of Santa Ana, LLC to Time Warner NY Cable LLC, which, upon the closing of the asset purchase transaction, will be an indirect subsidiary of Time Warner Cable Inc., and will be qualified to conduct business as a limited liability company in the State of California." 55C-2 Section 2. Section 2 of Exhibit A to Resolution No. 2005-092 is amended nunc pro tunc to read as follows: "2. Effective as of and contingent upon the occurrence of the Closing, Assignee covenants and agrees with Assignor and with the Franchise Authority to assume all rights and to assume and perform all duties and obligations of the Assignor under the Franchise Agreement. The Franchise Authority reserves any and all rights with respect to any non-compliance issues that may arise prior to the closing and Assignee reserves any and all rights and defenses with respect to any such non- compliance issues." Section 3. Except as expressly amended herein, Resolution No. 2005- 092 shall remain in full force and effect. Section 4. The City Clerk is directed to transmit a certified copy of this resolution to the following persons: Mr. Roger Keating, President Los Angeles Division Time Warner Cable Inc. 959 South Coast Drive, Suite 300 Costa Mesa, CA 92626 Brad M. Sonnenberg, Esq. Executive Vice President, General Counsel and Secretary Adelphia Communications Corporation 5619 DTC Parkway Denver, CO 80111 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 55C-3 APPROVED AS TO FORM: By: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-105 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 55C-4 REQUEST FOR COUNCIL ACTION ~ ~~~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: PUBLIC HEARING - RESOLUTION FOR MOBILE VEHICLE VENDING FEES APPROVED o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ()JZt~(~ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution approving a permit fee for mobile vehicle vending and adding this fee to the City's miscellaneous fee schedule. DISCUSSION At its meeting of October 17, 2005, the City Council adopted an ordinance that established regulations pertaining to the operation of mobile vending vehicles. The lengthy deliberations that lead up the adoption of the ordinance contemplated that certain fees would later be considered in an effort to cover the City's costs of issuing permits, conducting inspections and administering the program. Based upon an analysis of the total costs of administering the program, a copy of which is available from the Clerk of the Council, an annual fee of $405 per permit is recommended. This fee is based on conservative cost estimates and would serve to fund two new full-time positions in the Community Preservation Division: one full-time inspector position and one full-time clerical position. The responsibility of these new positions will be to administer the mobile vehicle vendor program under the general direction of the Community Preservation Manager. Specific tasks are estimated to include establishing and implementing application procedures, issuing permits, conducting proactive inspections, responding to vendor and community questions and concerns. The proposed fee has been developed in an effort to properly administer the program and yet keep it affordable. The actual costs will be monitored over the first year and future adjustments may be recommended accordingly. The applicability of enacting similar fees for ice cream vendors will also be studied and recommendations forwarded as may be appropriate. 75A-1 Mobile Vehicle Vending Fees Resolution November 7, 2005 Page 2 Staff recommends that the City Council adopt a resolution establishing a fee of $405 per mobile vending vehicle permit to ensure adequate administration and monitoring of the program. FISCAL IMPACT The program is anticipated to be self-funded by the new per vending vehicle permit fee. APPROVED AS TO FUNDS AND ACCOUNTS: . Trevino ec tive Director ning & Building Agency '{~~~'''I'. ) ~ ~:-:~> Francisco Gutierrez Executive Director ~ Finance & Management ~rvices Agency BD:rb Rb\reports\Vehicle Vending Fees Reso.cc 75A-2 bk:11/1/05 RESOLUTION NO. 2005-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING AN OWNER'S PERMIT FEE FOR VEHICLE VENDING AND ADDING THIS FEE TO THE UNIFORM SCHEDULE OF MISCELLANEOUS FEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Section 36-59 of the Santa Ana Municipal Code (Code), adopted this day by Ordinance No. NS-2701, provides that the City Council may establish, by resolution, an annual fee for the permit to own a vending vehicle (which does not apply to vehicles vending only ice cream). B. The Council finds that as to this fee: 1. These fees are to be used exclusively for ensuring that vehicle vendors who pay this fee act in accordance with the City's regulatory scheme as set forth in Chapter 36 of the Code. 2. There is a reasonable relationship between the use of these fees and the vendors on which the fee is imposed, in that unregulated vehicle vending creates an impact on the City, and the fees of the sort charged by the City are an appropriate response to this impact in that they will be used for employ dedicated staff to ensure that the vehicle vendors who pay this fee act in accordance with the City's regulatory scheme. It is also to the benefit of those paying the fee, i.e., vehicle vendors, to have dedicated City staff ensure that their competitors comply with the City's regulatory scheme. 3. There is a reasonable relationship between the impacts the City anticipates that vending vehicles will cause, and the owners on which the fee is imposed because the fee is based upon the cost of ensuring that vehicle vendors who pay this fee act in accordance with the City's regulatory scheme, and the Council finds in adopting this fee that the more owner's permits the City issues to vehicle vendors, the more impacts there are on City resources. 4. These increased fees will take effect immediately, but any person who pays in the fee and receives a permit in the last two months of 2005 shall be deemed to have paid the annual permit fee for 2006 as well. 75A-3 5. The fee for this service would not duplicate any existing fee, charge, levy or other toll currently collected by the City or any public agency, and would be distinct and separate from any current or future fee imposed by the County of Orange on various vehicle vendors for health inspections. 6. The moneys collected by this fee would be placed into a fund that would be used only to administer and operate a program to ensure that vehicle vendors act in accordance with the City's regulatory scheme. No moneys from this fund would go to the city's general fund. C. Based upon the City's study the annual cost of administering and operating a program to ensure that vehicle vendors act in accordance with the City's regulatory scheme exceeds $177,000 in direct costs (two additional staff dedicated to the program), equipment costs and indirect costs. This estimate does not include other staff who will be redirected from their current responsibilities during the initial year the new regulatory scheme is in place. To be conservative in ensuring that the fee does not exceed the City's cost to ensure that vehicle vendors act in accordance with the City's regulatory scheme, this total cost has been discounted by 25% to approximately $132,800. Given the current number of vending vehicles licensed in the City (328), the annual fee to be imposed comes to approximately $405.00 per vehicle. A study confirming these facts in greater detail is on file with the Clerk of the Council and is incorporated herein by the reference as though fully set forth. D. Based upon all the testimony, reports and other evidence submitted on this matter, this city council makes the above-specified findings. Section 2: An annual $405.00 per permit fee is hereby established for each person applying for a vehicle vendor's owners permit. This annual fee will be collected beginning the effective date of this Resolution, but for any person from whom the fee is collected in 2005, that person shall be treated the same as a person who pays the fee on January 1, 2006. Section 3: Without further action of the City Council this fee shall be incorporated into the City's Miscellaneous Fee Schedule. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall take effect simultaneously with Ordinance No. NS-2701, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 75A-4 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: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2005-106 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 75A-5 75A-6 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCil MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2005-05 TO ALLOW THE CONSTRUCTION OF A RETAIL BUILDING AT 2701 NORTH GRAND AVENUE - SILVERCREEK PROPERTIES, ",",CANT a~ )A ~4 .{;2 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. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-262. 2. Adopt an ordinance approving Amendment Application No. 2005-05. PLANNING COMMISSION ACTION On October 10, 2005, the Planning Commission recommended that the City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-262; and adopt an ordinance approving Amendment Application No. 2005-05 by a vote of 6:0 (Lutz absent) to change the zoning designation from Single-Family Residence (R1) to Arterial Commercial (C5) in order to allow the construction of a retail building with a Starbucks at 2701 North Grand Avenue. The Planning Commission made no changes to the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~J~ Trevino cutlve Dlrector Planning & Building Agency AN:rb an\plancomm\aa05-05.cc 758-1 REQUEST FOR Planning Commission Action rm, ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2005 TITLE: PUBLIC HEARING - FILED BY SILVERCREEK PROPERTIES FOR AMENDMENT APPLICATION NO. 2005-05 TO ALLOW THE CONSTRUCTION OF A RETAIL BUILDING AT 2701 NORTH GRAND 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 Ann Hsin-An Ni REj2:::~::~I:~ ~~ H=~~ Plannin Man ger Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-262. 2. Adopt an ordinance approving Amendment Application No. 2005-05. DISCUSSION Request of Applicant Silvercreek Properties is requesting approval to amend the zoning classification of a site from Single-Family Residence (R1) to Arterial Commercial (C5) in order to allow the construction of a retail building with a Starbucks at 2701 North Grand Avenue. Property Description The subject site has a current zoning designation of Single-Family Residence (R1) with a General Plan land use designation of General Commercial (GC) that allows a floor area ratio up to 0.5. This site is surrounded by commercial and retail uses to the north, east and west and a combination of commercial and multi-family residential to the south (Exhibit 1). The property is approximately 0.41 acres in area, irregular in shape and currently vacant. The property is located on the northeast corner of Grand and Fairhaven Avenues. Both streets are designated as arterial streets in the Circulation Element of the General Plan. There are three existing retail buildings to the north and east that have reciprocal driveway easements with the subject site (Exhibit 2). rsel1Z' Amendment Application No. 2005-05 October 10, 2005 Page 2 Project Description The project involves the construction of a new 2,700 square foot building, including a 1,700 square foot Starbucks and a 1,000 square foot space for a future retail tenant. Additionally, a 416 square foot outdoor seating area is proposed. Operating hours will be from 6: 00 a.m. to 10:00 p.m. daily (Exhibit 3). The design of the project demonstrates a high quality appearance appropriate for the use and satisfies the design standards set forth in the Urban Design Element. The building's architecture will be highlighted by a three-color exterior palette along with a low-rising stone veneer. A horizontal wood facia is proposed to mark the entry with custom light poles serving as support columns to the canvas awnings (Exhibits 4 through 6) . Access to the proj ect will be provided from both Grand and Fairhaven Avenues. A total of 22 parking spaces are required and will be provided to satisfy the minimum requirement. Analysis of the Issues The current zoning classification for the subj ect property is Family Residence (R1). A zone change to Arterial Commercial required to facilitate the applicant's request. The proposed Commercial zoning district will be consistent with the Commercial General Plan land use designation (Exhibit 7). Single- (C5) is Arterial General In 1965, a zone change was approved (AA No. 556) to change the zoning designation of the northeast corner of Grand and Fairhaven Avenues from Agriculture (A1) to Arterial Commercial, except for the subject parcel. This parcel remained R1 as the Planning Division was in the process of reviewing a service station proposal. Subsequently, a variance (VA No. 66-20) was approved to allow the construction and operation of a gasoline service station in the R1 zoning district. The property has been vacant since 1991 when the gasoline service station was demolished. The adjacent retail center was developed in 1976. The proposed Starbucks will provide sit-down services to its patrons. The proj ect has been designed to meet the City's development standards for eating establishment and retail uses. Pedestrian and vehicular circulation has been provided in a safe and usable manner throughout the site. A combination of berms and hedges will be provided in the front 758-3 Amendment Application No. 2005-05 October 10, 2005 Page 3 yard setback area and reduce glare. designed to avoid along both street frontages The vehicular circulation conflicts on-and off-site. to screen the parking area system for the project is The proposed retail building will provide a service to the existing commercial and residential buildings in the vicinity. The proposed zone change is necessary in order to accommodate the applicant's request as well as make the site consistent with the City's general plan and the land use pattern of this area. The proposed project is consistent with the General Plan land use designation of General Commercial. One of the goals of the Land Use Element is to preserve and improve the character and integrity of existing neighborhoods. The project has been designed to preserve the character of the surrounding neighborhood. The facility will contribute to the general well being of the community by providing food and beverage service to residents and visitors as well as enhancing the economic stability of the area by converting a vacant site into a vital, active commercial development. A Mitigated Negative Declaration and Mitigation Monitoring Program were prepared for this project. A geotechnical report that addresses seismic constraints, liquefaction potential, soil conditions, proj ect building load requirements and identifies design recommendations to ensure the geotechnical stability of the project is required to be submitted prior to issuance of grading permits. In summary, the proposed project complies with the provisions in the Arterial Commercial (C5) zoning district and Land Use the General Plan. Approval of Amendment Application No. recommended. set forth Element of 2005-05 is CEQA Compliance In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-262 has been prepared for this project (Exhibit 8). ~ ~Z' Ami Hsin-An Ni Associate Planner A ~ Vince Fregos , Senior Planne AN:JM an\plancomm\aa05-05.pc 758-4 JI IlL TO,""UCOUNTRYAO , ! C i I Y , f R4 C5 R4 . , Rl I Al . , Al I Rl Rl Rl Rl Rl , Rl Rl Rl Rl Rl Rl t~ i ~~ R2 "'.<+1.1 R2 ~ 1 o R2 '.rn~:': .~~ : 5o-Al ~ -7200 " Or" n g " L fI'EE'llP.'f '2.'2. 0 .,i~~ 0 6Il-Rl_noa to 6O-Rlt;; '" 50-fll ~,,"oo' oo,~~ -mo ~ -7200 ''''' ~ , 6o-A1-7200 to Rl.7200 60.Rl.7200 i ! 50-Al-7200 Rl , ------' l-----J l'~i------1~li II II 1111 IIII 1111 III, \\ II l~J(_ Y...;I I/-I/----...-_---~~...,~/? '1 II A1 1\ 11 1111 1111 1111 rill 1111 1111 1111 1111 1111 1111 ~~~--=-=-=-=.-=.=~~_':. 50-Al-7200 , Rl Rl RI ~' -,ol Rl RI Rl , IRl 8. SANfAC........... -Al "....----..' R2. o ~ 11., 11 ~ R1 ;;~~- Rl II Rl ~ Rl I R1 Rl I ~ Al 0 ~ Rl Rl Rl Al Rl i----_,'-----I ^' r. r. , , 41 50.Rl-7200 A 1" = 1000 FEET P LAN 41 -B C-SM C1 Gl-MD C2 C3 C3-4 C' CS Rl Rl Rl GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 M2 Me o P PCO PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 R' RE SO SP SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIF!C PLAN AA 05-5 STARBUCKS/SILVER CREEK PROPERTIES 2701 NORTH GRAND AVENUE N N G A N o B U L 0 EXHIBIT 1 758-5 A #{' - = 500 FEET N G A G E N c y ~ ~ ~ ~ " uJ ~ :;) '" :z: " uJ " ~ " ~ 0 " ~ '" 0 " 0 ~ " on 0 MULTI FAMILY PROJECT RESIDENTIAL " SITE ~ ~ P LAN N FAIRHAVEN AVENUE MULTI FAMILY RESIDENTIAL ~ ~ " ~ '" " " o " MULTI FAMILY RESIDENTIAL COMMERCIAL ~ O:t ~ SINGLE FAMILY RESIDENTIAL AA 05-5 STARBUCKS/SILVER CREEK PROPERTIES 2701 NORTH GRAND AVENUE N G AND B U L D N G AGE N C Y EXHIBIT 2 758-6 A PI' CZj _ I ~l~ ~ "dNVVlNVS '"3^VlJNVI:H) oN ~OL(: ! .5~i~ =~ II," . dn ~"""""'d 119-~:)JI1IAI1S UI ~"!! . I · Ili'!l' i. ,I' I,i if I , . III1 I Illil 1111 II I! iillll1111lill I: ;! I Illh 1m t : Ii =11 :,! lilli": 1M . I Ii Uiillllli I illi Ildll illllll II !1m ~ ~ nil! ililil!ill illl n iillllMI Ii 111ill;, . Z I', .1"11"1"1 '11'11 j' it! I' ,Ii ~ E III illl iilil ij1lii liiill i !,lul,! ,1m i 111,ill,l,i, ~ nl II .1:111I1 'II' h t 11:1 n'l ,,~ _ ...... 4 .. _.. .. ... .... IIIII I,.il '1 jl 111111 !IIIIIII ii ',I! II!il ~'Ilil II: l!l ,Ii IIII '!! "j '11111 IIIII Iii I' : 1"'111 I'll! ill -Ill'! 1111 II', ~ Illiil' 111!1 I.!. III ~ .,'IIIIII! 11,I',I!l 'l'lll,lh .2 'I. 11 I ! I'll; :g Ii hli! lilill,lllllll 0. " ~ " o .Z ~ " "" <1) " ..c: ~ .s .,,; <1) .,,; . .;;: o ... "" <1) .L:> en ~ ... <1) ~ " . " P- " ~ ~ ~ o u . " l:: <1) ~ ~ ... <1) ~ <1) . S " '6 ..c: u .s " , -T N , ~ i'l I -T <:> .~ ~ , ;; . , " . " . ii: 0 ~ 8 ~ ~ ~m ~ I Lu ....... 8>-<1: Cl ~ I ~~~~Q;!;1<;~ I o tj..... ffi ~ '" @o::~~~i I _______________J . ...." :J.I\'l~l!1,j13J uJ"' I I o~ ~~ 'I ' . ' " <u ill ~ '/, , ]1 I! , " h NVld 3J.lS Q3S0dOHd I ~~~~~~~~~~~~~~~~ I. j' o . < ....... < ~e I ,,"Z I wi I :E~ I ~51I~ I O~ ,I I mil' I Ie I I I i i : i · I II ii' 1.1 \"'-""'-"': 'II i1' I , I ~,t ~~ I '" I I ' ::. I '" M- I - :r: I 1:- I "Cl: I ; '" : I [ u.. I I: I ,r _ I ,f I 1,- I~ \ "z) i " , II II tt:: t 1'_ ;~ ~Ii~'l '" ~_ j ~~ ~&.~ - :! '- " ~... Ii: - :..,' ~_'F.>'~"""l'lIO) ~ ]i!li __u I ~i t .. .. I~ -' z ~ I ~ ~ 1 hi i ~i I !"....;~r "-0 -~~- -,.... I ---"~.{ ~ Q;. ! ~_.S,~ SdiIIo>5t ,}/ [ Cll Ie I J' ",,~. 1 :IE I II!: -i ,,_1;:)-- ll'f'lll~ I ,., ! I': , ~.... j '2 I .1 ~J,'" I ; I! ._,J ;r.- ~." ll_.~ - "~. u _;r. -, '" JlIli' ~ ~ "".. I ,,- :;: ~_-'O~;' ~ 1- ~;- ."" - I -- ~-=-~~-=-_-= _ - - I!i _- ---- I " -- - Uu ----u-_---~~:':"oo-=--=-~~~~-=----=-12;u- _J, _--~~~~~I/.~~~-=-='L--- - - ~ Ii : I i , I 1iJA.J'5-5 I EXHIBIT 3 . J ;1' 1'1 III Ii:'. Ii ,h"l!!li II II" III. IIIII! Iii" jl .Ul Ii;., I jll:1i lllh i 111111,.1" Ilil! I II t... t il !I,,! '!lii ~,I'll ; " i "II 'l'j -, 1'''1 III I,! Ii II! ill II Il'I,I! 11,...1,111.1,1 ~.; 01" 01 .. I I i , . I : I II I !! ~I il Ii I! ':"" ,I, 11'1 Ii ;!:':I'!I! i, Ii ,!li!d!'1 I' 51 'h.h.'. II'~: ' il'lilh!!! II II! 1.11111111 un~~ ~~ 'i~' I !II II h~ !;. .mll~, I U!:Ud!Us~~I~bnin! Ii I ~ il~ I. I~ II Ii I i I' ! _IEI.s; IU.~~ ~UU ~~! ! d 2 8 l.n. .dOl u!.. U' i ~. 0. i:OLi:6 v::> 'VNVVlMfS "3^V ONVI:ID 'N ~oa ~~ ~~~~~~~~~~~~~ Z!I i ::5L'I!II! "'1 'ii :~ !i. _......-'<1_:).1-115 III ;<>;"! III z Z 0: 0 0 .... ~ ~ Z W i:j Z -' -' ;;: w w :; :t: .... .... ~ Z 0: 0 0 -! ,~ ;:: z s , ~ w -' w ., II 'j4 .... I , . " Ul w := &-- " u: I I I J d . ~ Ii I ! I -] il itlH ~ ! U llil 0" D.. l Z :r z SN01.lV^313 I:IOII::l3lX3 A.I::I'WNIWI13I:1d ! i ! i ~ ; C! C') <t hi I i I I l I I!! I III ! I Il I i I ~I' I ' I Ii! I -g!;IUllddl t!q II j iii II i III! I I ; t I! I I :1' ill 1 j ~I!ll!d!ld! llllllldld I! II .~ ~000000000~000000000~ ,.. w ::! w I o VI 110. 8- I I i ~~ ! I ~ i ' I~ ~ ~i~J. "l J J. ' i ~:~ ~ Zil ! lIIC; ~~i~ ~~ -lin I ~f~~ . roa:6 '0':) 'vN\f'lfJ.N'fS '"3^\l' aNVl::l~"N loa; -A.-......-.:I,~IS 0-- G-- e- ~! 2 0-- l , . ----1"'- , ~ ~! ~ ~ ,-+ y T ...,..- #"1. ... ..... ... Z .. Z W I- ~ ....i ;;:- tu a: ~~ H ~ ..." .. 584-5 EXHIBIT 5 N\I1d 1::1001::1 JJ:I'lfNIW1l3l::1d ~~ qqqqqqq ~qq q '" '" o ::l , Ill' a:' .. ... '" ~~~~~~ ~9 ~~3E~~ 'l!:;:: .. ! , 1 l : It . , l l l 1"0 !. . ~ ('\I <( i! r-~. W~ :E~' W~ I_ O~ U)f ie ~n ' .I! ZOLC:6 VO'\I'N'9'lf.1N"'S"3^,ll'aN"'~D.N LOa j'-'jl ~'ll;ii a:::~ ~ ~lR S8l1Aado.ld lI8CJJOJO^IIS W IS";!:r III I NVld :ld'tOSON\'l A~WN.WI'3Ud q ,... ...J . I I ~ ~ ! i I ! ~ ii ~ ~~ 2 ~i ;;!~l ! In.~ Ii Ulli i I [J II ~lilg t I ~ H i :; " ~ :; G .. .. ... ... H~~HHH ~ !l .. I! :; D .. ~ 'III ~!: .. i 1: ~ ii: I- l- l) ~ I H~~, i ,~.!l~c"!i ~ idHUHI I 10QGGlGGBGl@G ~G ~ \ ~ . l 2 r , II ! I ~- Hq " . ~ i8B@)@ 2 w - ~ W J to-:i'l ~ W~ 4 ~fg W:i'l Iii1 z U~II UHf i!1 Ilil III' i.' b .11 '1!'111 II iii' I. '11!l1'I.jl 'I i'lflll hi" 11,1 li'jl I ! 1:1i'lhl i ,1,1",i lil! ! lil,!"II!!1 1,1 "',1 ',111.",'11. li i 'ii' I . ji iljl!l.llIi! I II! ill: IlIi 11l!!1 Ie [ Wle;ttl\"B:ll3I h . . ~ , ~I ;,.' ""I :t:' ,:1 :i , I -.. .. ~ .. .. !lllililji. MM',"I-I 11'11"_" ,.1"'1"1" Iliuh!lilj illl"IIU"llil Illl'lll: illl ii' . II' ! " ; i, 'iii I" I.. I-I, ,.. 'I l'li ,"1,'11 '1,'1 '1 1,11'!I'll:, "1'1.;1.111'" 11'111""'," .. rddJh IIllh , liiiill.ll,ii ! i '101 'I j I iii ilhi; I ,. :U , I. ill . .1 , '1 ; I'! II i .1 I~ I rll 1'1 Ii I....I;!! i. Ii l'IIiIl!1Ii ,I I' .,l'jllhl !!iiiiniiiiliii I , I , I i ----- ~- /-- i 1 I , I , 1 , 1 , I , . :1( unlm :Ii'" ", I !u i I m !;; ,mu~, I s Ih~U:!!umllhnln! Ii i "' ~ 51~ II i~ II hel !!I "! ddm 11Im .!bll;! II u! - -- ---- l , AA 05-5 7'88Brtl I I - t I t 22 FREEWAY -- -- SAN TA ANA - C I r y L I M ITS C5 Ul C5 J % Ul ~ C5 0 R4 C5 C5 C5 PROJECT SITE C5 Rl FAIRHAVEN AVENUE R2 R2 C1 R2 C5 R2 R4 R2 ~ R2 R4 R2 <t I(; C5 C5 A1 -B C-SM C1 C1-MD C2 C, C3-A c. cs GENERALAGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAL-MuseUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTlsr VilLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 M2 MO o P PCO PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R' R' RE SO SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MUlTIPLE- FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN AA 05-5 STARBUCKS/SILVER CREEK PROPERTIES 2701 NORTH GRAND AVENUE A oW 500 FEET GENERAL PLAN: LR7 ZONING: R1 to C5 P LAN N N G A N 0 B U L D N G AGE N C Y 75'eLBjTf MAYOR Miguel A. Pulido MAYOR PRO TEM Usa Bist COUNCIL MEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio ~ ~ CITY OF SANTA ANA CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy PLANNING & BUILDtNG AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 . Santa Ana, California 92702 (714) 667-2700. Fax (714) 973-1461 www.santa-ana.org NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Mitigated Negative Declaration for the following project: Project Title: Grand Avenue Starbuck/Commercial Development Project Description: The proposed project is a request for a change of zone from Single-Family Residence (Rl) to Arterial Commercial (C5) in order to allow the construction of a 1,700 square foot area for a Starbucks Coffee shop and a 1,000 square foot area for a future retail tenant_ Project Location: 2701 North Grand Avenue Project Number: ER 2003-262 Public Review Period: September 5, 2005 to September 24, 2005 Hearing Date: September 12, 2005 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Mitigated Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Mitigated Negative Declaration to the City on or before September 24, 2005. Please direct your comments to: Dan Bott, Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Ann Ni at (714) 667-2700. 7~~~Tf CS5lJ6.2 Fairhaven Starbucks/Commercial Development Initial Study/Mitigated Negative Declaration ER 2003-262 Purpose The purpose of this Initial Study/Mitigated Negative Declaration is to describe the proposed project and provide an evaluation of potential environmental effects associated with the short-term construction and long-term operation of the proposed Fairhaven Starbucks/Commercial Development Project. The Initial Study has been prepared pursuant to the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Santa Ana CEQA Environmental Procedures. Pursuant to Section 15367 of the State CEQA Guidelines, the City of Santa Ana is the Lead Agency for the proposed project. The Lead Agency is the public agency that has the principal responsibility for carrying out or approving the proposed project. Project Approval Process The Initial Study/Mitigated Negative Declaration has been submi tted to potentially affected agencies. In accordance with Section 15072 (b) (1) of the CEQA Guidelines a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration was published in a newspaper of general circulation within the project area. There will be a 20-day public review period for the Initial Study/Mitigated Negative Declaration in accordance with Section 15073 of the CEQA Guidelines. In reviewing the Ini tial Study /Mi tigated Negati ve Declaration, affected public agencies and the interested public should focus on the sufficiency of the document in identifying and analyzing the potential impacts on the environment and ways in which the potentially significant effects of the project are avoided or mitigated through the design of the project. Comments on the Initial Study can be sent to the following: Mr. Dan Bott, Environmental Coordinator City of Santa Ana 20 Civic Center Plaza PO Box 1988, M-20 Santa Ana, California 92702 758-13 Fairhaven Starbuck/Commercial Development Initial Study/Mitigated Negative Declaration ER 2003-262 Proposed Project The proposed project is a request for a change of zone from Single-Family Residence (R1) to Arterial Commercial (C5) in order to allow the construction of a 1,700 square foot area for a Starbucks Coffee shop and a 1,000 square foot area for a future retail tenant. Setting As shown on Exhibit 1, the project site is located at 2701 North Grand Avenue, at the northeast corner of the intersection of Grand Avenue and Fairhaven Avenue. The property is approximately 0.40 acres in area, irregular in shape and currently vacant. The project site was the former location of a gasoline service station that was demolished in 1991. As shown on Exhibit 2 the project site is generally surrounded by commercial land uses. There are two existing multi-tenant buildings immediately to the north and east and a freestanding restaurant building located immediately to the north of the project site with reciprocal driveway easements. Access to the proposed project would be provided from both Grand Avenue and Fairhaven Avenue. The project site has a General Plan land use designation of General Commercial (GC) . Under the current General Commercial a Floor Area Ratio (FAR) up to 0.5 is permitted. The intent of the General Commercial designation is to provide neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment and education. The zoning on the project site (R-1). Under the R-1 zoning uses are not permitted. is Single family Residential designation commercial land Project Description The project involves the construction of a foot building, including a 1,700 square Starbucks Coffee Shop and a 1,000 square new 2,700 foot area foot area square for a for a 1 758-14 ~ IlL TOYmlCOUNTAV RO \ ~ C j r y of 0 FAlFlHo\VEN ~V_ 6O-A1 ~ -7200 I R2""R2R1i ~ . R1 Rl R1 R1 J A1 , ,~ R1 R1 Rl R1 Rl i R1 ,~ ~. Rl Rl <Rl ~ R1 Rl R1 R1 ! Al -B C-SM Cl Gl-MD C2 C3 Co.A C4 C5 R1 ~R1 Rl j 0 ~ Al ~ , Rl Rl A1 ~"""----oI ^' ,-., ,-., , , Al 6O-R1-7200 Rl Rl R1 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERG1AUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VilLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTlAL DEVELOPMENT CR GC Ml M2 MO o P PCD PRO Ora n 9 (> L f!\~~'ll"'~ '2,'2. o.~ 60-AI-7200 , '~';;==='':::'::'lr-:'rJ IIII 1111 ,III 1111 lJ)1 it l: IU' ,\..II l~)______-c::..-",",\ _ I( I{ -___ \' \'.....-' I, If A1 II II IIII 1111 11/1 1111 1,1, Ill! 1(11 )111 1,1i I'll ~.::.~~-====..!.-~..::. 60-A1-7200 R1 ~ R1 . 'R1i Rl R1 -AI """--ao' RI R2 R3 R4 RE SO SP SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN A AA 05-5 STARBUCKS/SILVER CREEK PROPERTIES 2701 NORTH GRAND AVENUE A oW 1"=1000 FEET P l A N N N G AND B U I l 0 EXHIBIT 1 758-15 - = 500 FEET N G A G E N C y ~ ~ ~ ~ " uJ ~ ::l Z '" " uJ " ~ " ~ 0 " ~ '" 0 " 0 " " "' 0 MULTI FAMILY RESIDENTIAL " A P LAN N FAIRHAVEN AVENUE MULTI FAMILY RESfDENTfAL ~ ~ " ~ '" " " o " MUL TI FAMILY RESIDENTIAL COMMERCIAL ~ 4:1. ca SINGLE FAMILY RES/DENTIAL AA 05-5 STARBUCKS/SILVER CREEK PROPERTIES 2701 NORTH GRAND AVENUE N G AND B U L 0 I N G AGE N C Y ~~~~ A d7{' future retail tenant. Additionally, a 416 outdoor seating area is proposed. The building maximum height of approximately 19-feet. square foot would have a The proposed Starbucks would provide sit-down services to its patrons and would be open from 6:00 a.m. to 10:00 p.m. There is no drive-through window service proposed. The building's architecture style would be highlighted by a three-color exterior palette along with a low-rising stone veneer. A strong horizontal steel beam is proposed to mark the entry. Custom light poles and canvas awnings have also been proposed to accent the design of the building. The proposed proj ect has been designed to meet the City's development standards for eating establishment and retail uses. pedestrian and vehicular circulation has been provided in a safe and usable manner throughout the site. A combination of berms and hedges would be provided in the front yard setback area and along the street frontage to screen the parking area and reduce glare. The vehicular circulation system for the proj ect has been designed to avoid conflicts on-and off -si te. A total of 22 parking spaces would be provided on-site. ENVIRONMENTAL ANALYSIS The following is an environmental analysis on the proposed project based on the City of Santa Ana CEQA Environmental Checklist Form. The analysis incorporates by reference the analysis and findings provided in the City of Santa Ana General Plan Land Use Element FEIR 97-01 (SCH 97071058) . For each environmental issue, the analysis identifies the level of impact that is anticipated to occur. Where applicable, mitigation measures have been identified to reduce potentially significant impacts. I . AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, trees, rock outpourings a State highway? including but not limited to and historic buildings within No Impact 2 758-17 According to the City's General Plan Land Use Element FEIR 97-01, the project site is void of any scenic vistas or scenic resources. Additionally, there are no scenic resources associated with a State Highway within the vicinity of the project site. Therefore, implementation of the proposed project would not result in adverse impacts to any scenic resource. C. Substantially degrade the existing visual character or quality of the site and it's surrounding? Less Than Significant Impact The City of Santa Ana has an adopted Urban Design Element that establishes policies, programs and design elements to enhance the aesthetic environment of the City. Development projects proposed in the City are reviewed for consistency with the Urban Design Element. The design elements that are relevant to the project site includes; Paths, and Districts. Paths Paths are means by which people travel throughout the City, and serves as the framework for the City's urban form. Within the project area the Urban Design Element identifies Grand Avenue as a Path. Pedestrian and vehicular circulation has been provided in a safe and usable manner throughout the site. A combination of berms and hedges would be provided in the front yard setback area and along the street frontage to screen the parking area, reduce glare and to promote an aesthetically pleasing pedestrian circulation path along Grand Avenue. Districts The General Plan Urban Design Element identifies that the project site is located within the Cabrillo Park Design District. The Urban Design Element establishes goals and policies to help guide the design of land uses proposed within a Design District. Specifically, land uses proposed within a Design District should exhibit high quality design and should incorporate design elements that are proportional and aesthetically related to the District setting. The proposed project has incorporated high quality building materials into the design of the proj ect. The building's 3 758-18 architecture style would be highlighted by a three-color exterior palette along with a low-rising stone veneer. A strong horizontal steel beam is proposed to mark the entryway. Custom light poles and canvas awnings have also been proposed to accent the design of the building. Through the City's site plan review process, the proposed project has been determined to be aesthetically consistent with the district setting and intent of the Urban Design Element. Implementation of the proposed proj ect would not degrade the existing visual character of the project site or the surrounding area. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact The project area is currently improved with existing on- street lighting. Implementation of the proposed project would not introduce substantial new sources of light and glare into the project area. II. AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cUIIlulatively result in loss of Farmland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site does not contain Unique Farmlands, Prime Farmlands or Farmlands of Statewide Importance. Based on the City's General Plan, the project site is not planned for agricultural uses. Additionally, the project site is not included within any existing Williamson Contracts. A site visit conducted by the City's Environmental Coordinator confirmed the project site is currently not in agriculture 4 758-19 production. Therefore, implementation of the proposed project would not result in adverse impacts to any agriculture resources. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? Less Than Significant Impact The project site is located within the South Coast Air Basin and subject to the requirements of the Clear Air Act at both the Federal and State level, as implemented by the South Coast Air Quality Management District. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and/or local general plans. The proposed proj ect is consistent with the General Plan. Implementation of the proposed project would not exceed the population and traffic growth projections in the General Plan. Therefore, the proposed proj ect would be considered to be consistent with the regional and local growth projections and would not be in conflict with the air quality objectives established in the South Coast Air Quality Management Plan. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? D. Expose Sensitive receptors to substantial pollutant concentrations? Potentially Significant Unless Mitigation Incorporated As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin is 5 758-20 currently a non-attainment area for carbon monoxide, ozone, and particulate matter. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified in Table AQ-1. Table AQ-l EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 Reactive Organic Compounds 75 2.5 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 Long-term Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. Table AQ-2 identifies the long-term operational emissions of the proposed project. As shown in Table AQ-2 long term operational emissions generated by the proposed project would not exceed the SCAQMD Thresholds and therefore less than significant long-term operational impacts would occur. Table AQ-2 Operational Emissions RaG NOX CO PmlO SOX Mobile 2.08 0.06 21. 5 0.03 0.00 Electrical Usage 0.00 0.10 .02 0.00 0.00 Natural Gas Usage 0.00 0.03 0.01 0.00 0.01 Total 2.08 0.19 21. 8 0.03 0.01 SCAQMD Threshold 55 55 550 150 150 Significant Impact No No No No No Source: SCAQMD CEQA Handbook Short-term constructed Related Air Quality Impacts Construction operations associated with the proposed project would result in short-term increases in particulate 6 758-21 mater, and to a lesser degree increases in carbon monoxide and ozone. Peak day construction emissions for most pollutants arising from construction of the proposed project would occur during the grading and excavation phases. Using the South Coast Air Quality Management District CEQA Air Quality Handbook as a guideline, the threshold for potentially significant short-term air quality impacts would involve the grading of 1,309,000 square feet of area. Assuming grading of the entire project site, approximately 18,000 square feet of area would be graded. The proposed grading would be considerably less than the threshold of significance established by the CEQA Air Quality Handbook. While the construction of the proposed project would not exceed SCAQMD thresholds, dust that would be generated by grading activities could be a nuisance to nearby land uses. To contain and minimize dust impacts on the project site, the proposed proj ect would be subj ect to SCAQMD Rule 403. To ensure the proposed project complies with Fugitive Dust Rule 403, the following mitigation measures shall be implemented. . Grading plans for the proposed project shall reflect the following notes: 1. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. 2. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 3. Streets surrounding the proj ect site should be cleaned at the end of each day of construction. 4. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 5. The amount earthwork times. of area activities disturbed shall be by clearing minimized at and all 7 758-22 6. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact The proposed proj ect would be consistent with the City's General Plan and the local growth forecasts for the Orange County sub region and regional emissions budget developed by the Southern California Association of Governments for the 1999 Air Quality Management Plan. SCAG has determined that the air pollution impacts of any project that conforms to local growth forecasts would be consistent with this forecast and the regional air quality impacts would be adequately mitigated by the Plan to a level considered less than significant. E. Create objectionable odors affecting a substantial number of people? Less Than Significant Impact The long-term operation of the proposed proj ect would not generate significant objectionable odors to the public. Short-term construction operations could emit objectionable odors. However, they would be short - term and would not be considered significant. IV. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U. S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California 8 758-23 Department of Fish and game or U. S . Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The project site is situated within an urban setting. According to the California Department of Fish and Game Natural Diversity Data Base and the City's Updated General Plan Land Use Element FEIR 97-01, there are no sensitive biological resources located on or within the nearby vicinity of the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any sensitive biological resources. V. CULTURAL RESOURCES A. Cause a substantial of a historical 15064.5? adverse change in the significance resource as defined in Section No Impact According to the Santa Ana Local Register of Structures and the Federal Register of Structures, there are no historically significant located on the project site. Historical Historical structures B. Cause a substantial adverse change in the of a unique archaeological resource Section 15064.5? significance pursuant to C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. 9 758-24 Less Than Significant Impact According to the City's General Plan Land Use Element EIR there are no known cultural resources on the project site. The project site is currently improved. The probability for the discovery of unknown cultural resources during construction operations would be low. VI. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the Seismic Hazard Zone Map, the project site is not located within a current Alquist-Priolo Earthquake Fault Zone for fault surface rupture hazard. The surface traces of any active or potentially active faults are not known to pass directly through or extend towards the project si te. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project would be considered low. A-2. Strong Seismic Ground shaking? Potentially Significant Unless Mitigation Incorporated The project site is situated within a highly active seismic region of southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the City of Santa Ana. The NewportjInglewood Fault located approximately 7 miles from the City would be considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subj ect to a maximum 7.0 earthquake from the NewportjInglewood fault. A seismic event of this scale could potentially result significant damage to the proposed project. However, the seismic risks at the project si te would not be considered significantly different from other areas in the southern California region. Through the City's development review process, the proposed project would be required to prepare a site-specific geologic study that addresses the seismic constraints on the project site and the building load requirements of the project. 10 758-25 Additionally, the proposed project would be subject to the seismic safety standards of the Uniform Building Code. Preparation of the geologic study and compliance with the Uniform Building Code would reduce potential seismic hazard impacts to a level considered less than significant. Mitigation Measure . Prior to the issuance of grading permits, the applicant shall prepare a site-specific geotechnical report that addresses seismic constraints, liquefaction potential, soil conditions, project building load requirements and identifies design recommendations to ensure the geotechnical stability of the project. A-3. Seismic-related ground failure, including liquefaction? Potentially Significant Unless Mitigation Incorporated Soil liquefaction occurs when loose soil deposits below the water table are subjected to large ground accelerations generated from seismic events. Liquefaction is generally known to occur in saturated cohesionless soils at depths shallower than about 50-feet. The City's General Plan Land Use Element FEIR 97-01 provides a broad overview of liquefaction risks in the City. According to the City's General Plan Land Use Element FEIR 97-01, the project site is considered to have Medium to High potential for liquefaction hazard impacts. However, site-specific geotechnical studies would need to be prepared to determine the onsite liquefaction risks on the project site. Through the City's development review process, the proposed project would be required to prepare a site-specific geotechnical study that addresses the liquefaction constraints on the project site and the building load requirements of the proj ect. Additionally, the proposed project would be subject to the seismic safety standards of the Uniform Building Code. Preparation of the site-specific geotechnical report and compliance with the Uniform Building Code would reduce potential liquefaction hazard impacts to a level considered less than significant. Mitigation Measure 11 758-26 . Prior to the issuance of grading permits, the applicant shall prepare a site-specific geotechnical report that addresses seismic constraints, liquefaction potential, soil conditions, project building load requirements and identifies design recommendations to ensure the geotechnical stability of the project. A-4. Landslides No Impact The project area is flat without any topographical relief. According to City's General Plan Land Use Element FEIR 97- 01, there are no landslide planes or slopes on the project site. Therefore, implementation of the proposed project would not result in adverse impacts in regards to landslides. B. Would the project result in substantial soil erosion or the loss of topsoil? Potentially Significant Unless Mitigation Incorporated Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Construction operations for the proposed project would require the grading of onsite soils. The uncovered soils on the proj ect site could potentially result in erosion and sedimentation impacts to onsite and offsite drainage facilities. This potential impact could increase during periods of rain. To reduce potential erosion impacts to a level considered less than significant, the following mitigation measure would be implemented. Mitigation Measure . Prior to issuance of a grading permit the project applicant shall submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the 12 758-27 street must be directed beneath the sidewalk and through the curb. C. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element FEIR 97-01 the proposed project does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Potentially Significant Unless Mitigation Incorporated The City's General Plan Land Use Element FEIR 97-01 provides a broad characterization of soil conditions in the City. According to the City's General Plan Land Use Element FEIR 97-01 the project site consists of Mocho Loam Soils that have low shrink/swell potential, high potential for corrosion of uncoated steel and low potential for corrosion of concrete. Based on the soil conditions on the project site, the proposed project would be geotechnically feasible. However, a site-specific geotechnical study would need to be prepared to evaluate the project site specific soil conditions and the project building load requirements. Through the City's development review process, the proposed project would be required to prepare a geotechnical report that address and identifies the geologic conditions on the project site, building load requirements of the project and design recommendations to ensure the geologic stability of the project. Mitigation Measure . Prior to the issuance of grading permits, the applicant shall prepare a site-specific geotechnical report that addresses seismic constraints, liquefaction potential, soil conditions, project building load requirements and identifies design 13 758-28 recommendations to ensure the geotechnical stability of the project. E. Where sewers are wastewater is the of septic tanks systems? not available for the disposal of soil capable of supporting the use or alternative wastewater disposal No Impact The project site is located within urban setting where sewer service is available. The proposed project would not require septic tanks or alternative disposal systems. VII. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to environment through the routine disposal of hazardous materials? the public transport, or the use or B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one- quarter mile of an existing or proposed school? Less than Significant Impact The operation of the proposed project would not involve the routine transportation, handling or storage of large quantities of hazardous materials or waste or the emission of hazardous emissions. The construction operations and the long-term operations associated with the proposed project could potentially involve the handling of incidental amounts of hazardous materials, such as solvents, oils, and paints. However, the quantities would be minimal and would not pose a hazard to the public. C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact The project site was the former location of a service station. The service station was demolished in 1991. According to the City of Santa Ana Fire Department a 14 758-29 Closure Letter was issued by the City in 1994 for the removal of the underground storage tanks. The issuance of the Closure Letter indicates that no residual contamination is located on the project site. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an accident potential zone, clear zone or FAA Notification Area. Implementation of the proposed project would not pose a hazard to people working or residing within the project area. VIII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? I. Resulting an increase in pollutant discharges to receiving waters? J. Result in significant alteration of receiving water quality during or following construction. E. Otherwise substantially degrade water quality? K. Could the proposed project result in increased erosion downstream? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? o. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? 15 758-30 P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? Potentially Significant Unless Mitigation Incorporated The project site is located within the Lower Santa Ana River Watershed. The water quality within the watershed is under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and the Orange County Drainage Area Management Plan. The City of Santa Ana implements the goals, objectives and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. The project site storm water flows would be conveyed by sheet flow northwesterly to an underground storm drain along Fairhaven Avenue to Santiago Creek and then to the Santa Ana River before ultimately discharging into the Pacific Ocean. The Santa Ana Regional Water Quality Control Board has identified the mouth of the Santa Ana River at the Pacific Ocean as an impaired water body. Short-Term Construction Related Water Quality Impacts During construction operations there is the potential that surface water runoff could be degraded. If the degraded surface water runoff is conveyed into the local storm drain system, potential adverse water quality impacts could occur to downstream receiving waters. To minimize potential construction related water quality impacts, the proposed project would be required to prepare and implement an erosion control plan. Long Term Operational Water Quality Impacts The primary concern with the operation urban runoff. Urban for water quality pollutants associated of the proposed proj ect would be from runoff is defined as runoff that occurs 16 758-31 during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since urban runoff usually originates in the street, they commonly contain many common pollutants found in streets such as oil and grease and sediment. Additionally, adverse water quality impacts could occur from rain events when sediment, grease and oil on roadways and parking lots are flushed into the local storm drain system. Currently, the project site does not contain any structural Best Management Practices, which could potentially decrease the amounts of pollutants from entering the storm drain system. Uncontrolled urban runoff generated from the project site could result in adverse water quality impacts to downstream receiving waters. The proposed proj ect involves the development of restaurant uses on the proj ect site. Commercial kitchens could potentially produce grease as a by-product of their operation. If not properly disposed of, the grease could potentially create blockage of sewer lines, which could result in damages to both public and private property and potentially resulting in adverse water quality impacts. To reduce potential water quality impacts to a level considered less than significant, the following mitigation measure shall be implemented. Mitigation Measure · Prior to the issuance of a grading permit the applicant shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. · Prior to the issuance of a grading permit the applicant shall provide two copies of the Water Quality Management Plan that include the following: a. Site Assessment b. Site Design BMP's c. Applicable Routine Source Control BMP's d. Mechanisms by which funding for long-term operation and maintenance of all structural BMP's shall be provided. 17 758-32 e. Selecting and sizing the Treatment Control BMP's f. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP's and to identify the entity in charge of implementation. . Prior to issuance of bui lding permits, shall provide payment of the Federal Protection Enterprise Fee. the applicant Clean Water . Building plans shall reflect that the kitchen for the proposed project shall be fitted with a grease interceptor to the size and capacity as designated by the City of Santa.Ana Building Division. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact The long-term operation of the proposed project would not have any impact on groundwater supplies. The proposed project would not interfere with ground water recharge because the site is not located in an area that is known to recharge the ground water system. Additionally, construction operations associated with the proposed project would not require dewatering operations that would encroach into the underground water basin. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which, would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? 18 758-33 M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. Significant Unless Mitigation Incorporated The project site is located within an urbanized area with improved drainage facilities. Based on preliminary analysis of drainage conditions and facilities on the project site and surrounding area, the City's Public Works Department has indicated that it is feasible that existing drainage facilities within the project area would be able to adequately drain the proposed project. To ensure the existing drainage facilities are adequate the following mitigation measure shall be implemented. Mitigation Measure . Prior to issuance of grading permits the project applicant shall submit a final run-off evaluation for review and approval showing the existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place housing within a IOO-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? H. Place within a 100-year floodplain structures which would impede or redirect flood flows? No Impact According to the Flood Rate Insurance Map 0602320163H, the project site is located within Flood Zone X and not subject to 100-year flood risks. Implementation of the proposed project would not increase the risk of flooding. IX. LAND USE/PLANNING A. Physically divide an established community? 19 758-34 Less than Significant Impact The project site is surrounded by commercial land uses. Additionally, within the nearby vicinity are multiple family land uses. The proposed project would be compatible with the other commercial 1 and uses in the area and would provide supporting neighbor commercial uses to the multiple family land uses. The proposed project would not physically divide any established community and would be compatible with other existing land uses in the area. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact The project site has a General Plan land use designation of General Commercial (GC). Under the current General Plan designation a Floor Area Ratio (FAR) up to 0.5 would be permitted. The proposed project would have a FAR of 0.15 and would be consistent with the intent General Commercial designation. The project site has a current zoning designation of Single-Family Residence (R1). Under the R-1 zoning, commercial land uses are not permitted. Additionally, the R-1 zoning is not a correlating land use with the existing General Commercial General Plan designation on the proj ect site. As part of the proposed proj ect the proj ect applicant is requesting a zone change from Single Family Residential (R- 1) to Arterial Commercial (C-S). The proposed project would be consistent with the intent of the Arterial Commercial zoning and would be a correlating land use with the Community Commercial General Plan designation on the project site. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact 20 758-35 According to the City's General Plan Land Use Element EIR, the project site is not included within any habitat conservation plan or any natural community conservation plan. X. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact According to the City's General Plan Land Use Element FEIR 97-1 there are no areas in Santa Ana that are designated as significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. NOISE Noise Standards The project site is located within the City of Santa Ana and subject to noise standards and guidelines in the General Plan Noise Element and Municipal Code Noise Ordinance. Noise Element The primary purpose of the City of Santa Ana Noise Element is to prevent significant increases in noise levels in the community, to minimize the adverse effects of existing noise sources and to site proposed land uses in areas that are compatible with the noise environment. In accordance with the Noise Element, the City has adopted noise standards and guidelines for land use planning. These guidelines for exterior noise levels are presented in Table N-l. 21 758-36 Table N-l City Of Santa Ana Land Use Guidelines For Exterior Noise Land Use Noise Level (dBA CNEL or Ldn) Desirable Maximum Acceptable Maximum Low Density 55 65 Residential Medium Density 60 65 Residential High Density 65 70 Residential Schools 60 70 Commercial, Office 65 75 Industrial 70 75 Noise Ordinance The City also regulates noise though Chapter 18, Article VI of the Municipal Code Noise Ordinance. The Noise Ordinance presents permissible noise intrusion levels and sets exterior and interior noise standards for different times of the day and night. Additionally, the Noise Ordinance recognizes that some forms of noise are required for urban development. Section 18-314 (e) of the Municipal Code Noise Ordinance exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday, and no construction activity any time on Sundays or federal holidays. Threshold of Significance A project is considered to result in significant noise impacts when it exposes persons to noise levels that exceed the noise levels in Table N-1 or when a permanent increase in ambient noise levels of 3db or greater occurs when the existing CNEL is 65dB or greater. Additionally, a significant impact could occur when the stationary noise source of a project is in conflict with the City's Noise Ordinance. Less Than Significant Impact 22 758-37 A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. To increase the existing levels of traffic noise within the project area by 3dBA, a doubling of the existing traffic volumes would have to occur. The proposed project would generate 545 daily vehicle trips with 39 occurring in the AM Peak Hour and 39 occurring in the PM Peak Hour. The amount of traffic generated by the proposed project would not double the existing traffic volumes in the project and would not increase the existing noise levels within the project area by 3 dBA. Therefore, implementation of the proposed project would not significantly increase noise levels within the project area. According to the General Plan Land Use Element FEIR 97-01, at 50-feet from the centerline of Grand Ave, the noise level would be 69.5 CNEL at the projects landscape setback. Presently, the General Plan allows the sitting of commercial uses in areas exposed to noise levels up to 75 CNEL. Therefore, the proposed project would not be subject to significant noise impacts. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact The proposed project would require conventional construction equipment and building practices. No significant ground borne noise impacts or ground borne vibration impacts would be associated with the proposed project. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Less Than Significant Impact 23 758-38 construction activities and construction equipment staging operations associated with the proposed project would result in a short-term increase in ambient noise levels within the project area. Table N-2 identifies what the noise levels would be for different construction equipment. TABLE N-2 NOISE LEVELS GENERATED BY TYPICAL CONSTRUCTION EQUIPMENT Suggested Sound Range of Sound Levels for Levels Measured Analysis (dBA at Type of Equipment (dBA at 50 feet) 50 feet) Pile Drivers, 12,000 to 81 to 96 93 18,000 ft-1b/blow Rock Drills 83 to 99 96 Jack Hammers 75 to 85 82 Pneumatic Tools 78 to 88 85 Pumps 68 to 80 77 Dozers 85 to 90 88 Tractor 77 to 82 80 Front-End Loaders 86 to 90 88 Hydraulic Backhoe 81 to 90 86 Hydraulic Excavators 81 to 90 86 Graders 79 to 89 86 Air Compressors 76 to 86 86 Trucks 81 to 87 86 To minimize potential construction-related noise impacts to a level considered less than significant, the project would be required to comply with City's Noise Ordinance. The Noise Ordinance would limit construction activity between 7:00 AM to 8:00 PM Monday through Saturday, and not permitted on Sundays or Federal Holidays. To ensure the project complies with the Noise Ordinance, the following mitigation measure shall be implemented. Mitigation Measure . Demolition Plans, Grading Plans and Building Plans for the proposed project shall note that construction activities on the project site shall take place between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday and no construction activity on Sundays or federal holidays. . Demolition Plans, Grading Plans and Building Plans shall note "No construction equipment on the project site shall operate including warming up until after 7:00 a.m. " 24 758-39 E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an area that is subject to high levels of aircraft noise. XII. POPULATION AND HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Less Than Significant Impact The proposed project is an infill project and would not involve the construction new major roadways or infrastructure that would indirectly facilitate additional growth within the project area. The proposed project is consistent with the General Plan. Implementation of the proposed project would not induce additional population growth into the area beyond local and regional growth projections. The project site is currently vacant and not compatible for single family residential development. Implementation of the proposed project would displace any existing households or eliminate future housing opportunities. XIII. PUBLIC SERVICES Fire Protection: Less than Significant Impact The Santa Ana Fire Department would provide fire protection and emergency medical services for the proposed project. 25 758-40 According to the Santa Ana Fire Department, implementation of the proposed project would not significantly increase the demands for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Additionally, through the City's development review process, the fire department has reviewed and determined that the proposed project would provide adequate fire protection facilities and services. Police Protection: Less Than Significant Impacts The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, implementation of the proposed project would not significantly increase the demand for police protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate police protection services. Schools: Less Than Significant Impact The project site is within the boundaries of the Orange Unified School District (OUSD). The proposed project would not directly generate a demand for additional school services. However, the project would be subject to school impact fees to address cumulative impacts within OUSD. To help fund new construction of school facilities, OUSD has an adopted school impact fee of $.36 per square feet per square foot of commercial area. The payment of fees to the district would mitigate impacts on school services to a level considered less than significant. Parks, Other Public Facilities: Less Than Significant Impact The City of Santa Ana presently operates 35 facilities within its parks and recreation network, along with several public school grounds. The park and recreation facilities within the City of Santa Ana include 342.5 acres of lands, which is equivalent to approximately one acre per 1,000 residents. According to the City's General Plan Land Use Element EIR, the City's current goal for parkland is 2.0 acres per 1,000 residents. Based on the Cities current parkland goal and existing parkland to population ratio, 26 758-41 additional parkland is needed to meet the park needs of the community. The proposed project would not directly generate additional population in the City that would further contribute to the imbalance parkland to population ratio in the City. Additionally, it is anticipated that the proposed project would have a minimal amount of employees. It would be unlikely that that the employees would be from other areas and would relocate into Santa Ana. Therefore, implementation of the proposed project would result in less than significant to park and recreation facilities. XIV. RECREATION A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. Less Than Significant Impact As discussed in Section XIII, implementation of the proposed project would not significantly increase the demands for existing recreation facilities or generate the demand for additional recreation facilities. xv. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact 27 758-42 The proposed project would generate 545 daily vehicle trips with 39 occurring in the AM Peak Hour and 39 occurring in the PM Peak Hour. The projected traffic trips would be consistent with the traffic projections within the City's General Plan Circulation Element. The Public Works Department has determined that implementation of the proposed project would not result in significant project- related traffic impacts or individually or cumulatively exceed any required level of service established by the City or by the County's Congestion Management Program. To provide for regional transportation impacts the proposed project would be subject transportation system improvement fees. c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact The proposed project involves the construction and operation of a single-story restaurant/retail building. Implementation of the proposed project would not result in any changes to air traffic patterns. The proposed project would not result in any substantial safety risks related to aircraft traffic. D. Substantially increase hazards to a design feature Less Than Significant Impact Construction operations associated with the proposed project could result in a short-term increase of construction traffic volumes within the project area. However, the increased level of construction traffic is not expected to significantly increase vehicle or pedestrian hazards within the project area. E. Result in inadequate emergency access Less Than Significant Impact As part of the City's development review process, the Fire Department has reviewed the proposed project for potential impacts in regards to emergency access. The Fire Department has determined that adequate emergency access would be provided. 28 758-43 F. Result in inadequate parking capacity Less Than Significant Impact The proposed project would comply with the City's parking requirements for restaurant and retail uses. No adverse parking impacts would be associated with implementation of the proposed project. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Implementation of the proposed project would not displace existing public transportation facilities. XVI. UTILITIES A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. Less Than Significant Impact The City of Santa Ana and the Orange County Sanitation District (OCSD) would provide wastewater service to the project site. The project area is improved with sewer facilities. A system of local and regional sewer lines would convey wastewater flows to OCSD Reclamation Plant 1 in the City of Fountain Valley. The treatment plant treats approximately 90 million gallons per day. 29 758-44 Implementation of the proposed project would increase the City's wastewater demand by 200 gallons per day. The proposed project is consistent with the City's General plan and the water demands of the proposed project are accounted for in the City's Urban Water Management Plan. According to the Water Department, there would be no adverse impacts associated with providing wastewater service to the project. Additionally, the City's Water Department indicates that that there would available capacity in the existing sewer lines to accommodate the proposed project. The project would be subject to sewer connection fees with the City and the Orange County Sanitation District. The wastewater flows generated from the proposed project would provide an incidental increase in the amount of wastewater flows to the Reclamation Plant No. 1 and would have less than a significant impact on wastewater treatment facilities. c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant effects. Less Than Significant Impact The project site is situated within an area that is currently improved with drainage facilities. Implementation of the proposed project would not significantly increase the amount of surface water runoff generated from the project site. Implementation of the proposed project would not require the construction of new drainage facilities that would impact the environment. D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? Less Than Significant Impact The proposed project would increase the City's domestic water demand by approximately 220 gallons per day. The proposed project is consistent with the City's Urban Water Management Plan. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate water service to the project site. No adverse impacts in regards 30 758-45 to the provision of adequate water service would be associated with the proposed project. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste collection services to the project site. Solid waste is transported to the Environmental Service transfer station in Irvine, and then taken to the Bowerman Landfill. The Bowerman Landfill is permitted to accept 8,500 tons per day and is anticipated to close in year 2024. As part of the General Plan, the City of Santa Ana has prepared a Source Reduction and Recycling Element to divert fifty percent of the City's solid waste generated from landfill disposal. The City has implemented several waste reduction programs including green waste programs, source reduction programs, and recycling programs. According to the California Integrated Waste Management Board, the proposed project would generate an additional 14 pounds per day of solid waste. The increases in solid waste would be considered minor in comparison to the 8,500 tons of solid waste taken to the Bowerman Landfill daily. Additionally, the proposed project would be required to comply with the Cities waste reduction programs. XVII. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No Impact 31 758-46 Implementation of the proposed project would not substantially reduce the habitat of fish, wildlife species, or historic structures in that no fish, wildlife populations or historic structures are known to exist on the project site. B. Does the project have impacts that are individually limited but cumulatively considerable? Potentially Significant Unless Mitigation Incorporated Implementation of the proposed project would not result in significant cumulati ve impacts. The proj ect' s incremental contribution would not be cumulatively considerable because the proposed project would comply with the applicable requirements of the uniform building code, conditions of approval, mitigation measures and applicable City Ordinances, which provide specific requirements that would avoid any significant cumulative impacts within the project area. c. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? Potentially Significant Unless Mitigated Incorporated The proposed project involves the construction and operation of a restaurant and retail land uses. The project would not have any direct or indirect adverse impacts on human beings. Mitigation measures have been required for the construction and operation of the proposed project to insure that the project would not have a direct or indirect adverse significant impact to human beings or the environment. XVIII DETERMINATION Based upon the evidence in light of the whole record documented in the above environmental evaluation and cited references, I find that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. 32 758-47 XVIV REFERENCES City of Santa Ana General Plan, September 1982 City of Santa Ana General Plan Land Use Element EIR, SC No. 97071058, October 1997, Environmental Impact Report for the General Plan Land Use Element, August 1997 City of Santa Ana Zoning Ordinance, December 1998 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, 2001 Site Visit by Dan Bott Environmental Coordinator, March 2004 National Register of Historical Resources City of Santa Ana Local List of Historical Resources California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan Flood Rate Insurance Map 0602320163H City of Santa Ana Noise Ordinance City of Santa Ana Development Review Committee California Department of Conservation Farmland Mapping and Monitoring Program Seismic Hazard Zone Map Personal Communication, Jay Bento, Santa Ana Fire Department, August 2005 xx. PREPARERS Dan Bott, City of Santa Ana Environmental Coordinator 33 758-48 Grand Avenue Starbucks/Commercial Development Mitigation Monitoring Program ER 2003-262 Mitigation Measure I Agency Approval Prior to Grading Permits Grading plans for the proposed Planning/Building project shall reflect the following notes: 1. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. 2. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 3. Streets surrounding the project site should be cleaned at the end of each day of construction. 4. All material transported off site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 758-49 5. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 6. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. Prior to the issuance of Planning/Building grading permits, the applicant shall prepare a site-specific geotechnical report that addresses seismic constraints, liquefaction potential, soil conditions, project building load requirements and identifies design recommendations to ensure the geotechnical stability of the project. Prior to issuance of a grading Public Works permit the project applicant shall submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. Prior grading to the permit issuance of a the applicant Public Works 758-50 shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. Prior to the issuance of a Public Works grading permit the applicant shall provide two copies of the Water Quality Management Plan that include the following: a. Site Assessment b. Site Design BMP's c. Applicable Routine Source Control BMP's d. Mechanisms by which funding for long-term operation and maintenance of all structural BMP's shall be provided. e. Selecting and the Treatment BMP's f. Operation Maintenance describe the operation maintenance requirements of all applicable structural BMP's and to identify the entity in charge of implementation. sizing Control and Plan to long-term and Prior to issuance of grading permits the project applicant shall submit a final run-off evaluation for review and approval showing the existing and proposed facilities and Public Works 758-51 methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. Grading Plans and Building Planning/Building Plans for the proposed project shall note that construction activities on the project site shall take place between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday and no construction activity on Sundays or federal holidays. Grading Plans and Building Planning/Building Plans shall note "No construction equipment on the project site shall operate including warming up until after 7:00 a.m. " Prior to Buildine Permits Prior to issuance of building Public Works permits, the applicant shall provide payment of the Federal Clean Water Protection Enterprise Fee. Building plans shall reflect Planning/Building that the kitchen for the proposed project shall be fitted with a grease interceptor to the size and capacity as designated by the City of Santa Ana Building Division. Grading Plans and Building Planning/Building Plans for the proposed project shall note that construction activities on the project site shall take place between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday and no construction activity on Sundays or federal holidays. 758-52 Grading Plans and Building Plans shall note "No construction equipment on the project site shall operate including warming up until after 7:00 a.m." Planning/Building 758-53 ~fA Environmental Checklist For CEQA Compliance PLANNING DIVISION I. Project Title: Grand Avenue Commercial Development III. II. Project Numbers: ER 2003-262 Lead Agency Name and Address: City of Santa Ana Planning Division P.O. Box 1988 (M-20) Santa Ana, CA 92702 IV. Environmental Coordinator and Phone Number: Dan Bott (714) 667-2719 V. Project Location: 2701 North Grand Avenue Environmental Determination A. 0 On the basis of this initial evaluation, I find that: B. ~ C. 0 D.D E. 0 F. 0 The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. Although the proposed project cculd have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. Although the proposed project cculd have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. Pursuant to Secfion 15164 of the CEOA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. Pursuant to Section 15162 of the CEOA Guidelines, an EIR (EIR No. - ) has been prepared earlier; however, subsequent proposed changes in the project and/or new informafion of substanfial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. l)~t~~~ Signature 1}o..V\. -=tSo-tt- Pnnted Name Auoust 31. 2005 Date db\Env Form CECA Chklst 758-54 Page 1 of 1 ~fA Environmental Checklist For CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for ali answers except "No Impacf' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impacf' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impacf' answer should be explained where it is based On project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impacf' to a "Less than Significant Impacf'. The lead agency must describe the mitigation measures, and briefty explain how they reduce the effect to a less than significant level. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources impact Incorporated Impact Impact I. Aesthetics - Would the project: A. Have a substantial adverse effect on a scenic vista? 0 0 0 M B. Damage scenic resources, including but not limited 0 0 0 % to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character ~ or quality of the site and its surroundings? 0 0 0 D. Create a new source of substantial light or glare which would adversely affect day or nighttime views ~ in the area? 0 0 0 db\Env Form CEQA Chklst Page 1 of 12 AT1f5g~5B ~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use In assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmiand) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) B. Conflict with existing zoning for agricultural use or a Williamson Contract? C. Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmiand, to non-agricuitural use? o o o o o o o o o # ft( qf III. Air Quality - Where available, the significance criteria established by the appiicable air quaiity management or pollution control district may be relied upon to make the following detenminations. Would the project: A. Conftict with or obstruct implementation of applicabie Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or ccntribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard <including releasing emission which exceed quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ccncentrations? db\Env Form CEQA Chklst ATT1&~:g6B o o o o o % ~ o ~ o o ~ o o o o Page 2 of 12 ~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial number of people? IV. Biological Resources - Wouid the project: A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wiidlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individuaiiy or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conftlct with any local policies or ordinances protecting biological resources, such as tree preservation policy or ord inance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantiai adverse change in the significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? db\Env Form CEQA Chklst ATTt~:g7B Potentially Significant Impact o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o Less Than Sig nificant Impact ~ o o o o o # ~ No Impact o ~ ~ M M ~ o o Page 3 of 12 ~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of an known earthquake fault, as delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including Iiq uefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? C. Would the project result in the loss of a unique geologic feature? D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site iandslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or aiternative wastewater disposal systems? db\Env Form CEQA Chklst A15~~5W" B Potentially Significant Impact o o o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o )sf ~ o ~ o ~ o Less Than Significant Impact K o o o o o o o o o No Impact o o ~ o o ~ o E( o )it Page 4 of 12 ~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials - Would the project: A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality - Would the project: A Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? db\Env Form CEQA Chklst ATTt~:g9B Potentially Significant Impact o o o o o o Potentially Significant Uniess Mitigation Incorporated o o o o ftr o Less Than Significant Impact J( ~ o o o o No Impact o o ,ft( K o % Page 5 of 12 ~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources C. Substantially alter the existing drainage pattern of the site or area, inciuding through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in ftooding on- or off- site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? F. Place housing within a 100-year ftoodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other ftood hazard delineation map? G. Place within a 100-year ftoodplain structures which would impede or redirect ftood flows? H. Expose people or structures to a significant risk of ioss, injury, or death involving ftooding, including ftooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water quality during or following construction? K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated increased runoff? db\Env Fonn CEQA Chklst ATTt~:gbB Potentiaily Significant impact o o o o o o o o o o Potentially Significant Unless Mitigation Inccrporated o )Q ~ o o o ~ )Lf- )Zt ~ Less Than Significant Impact o o o o o o o o o o No Impact o o o ~ ~ }?1 o o o o Page 6 of 12 ~fA Environmental Checklist For CEQA Compliance M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff ftow rates or volumes? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on groundwater quality? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficiai uses? S. Impact aquatic, wetland, or riparian habitat? IX. Land Use and Planning- Would the project: A. Physically divide an established community? B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation plan or natural community conservation plan? X. Mineral Resources - Would the project: A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Issues & Supporting Information Sources db\Env Form CEQA Chklst ATYS'Er~1 B o o o o o o o o o o o Potentially Significant )( ~ ~ , o )\1 ~ o o o o Potentially Significant o o o o o o o ~ Q( o o Less Than Significant o o o o ft( o o o o x J( No Impact Page 7 of 12 ~'A Environmental Checklist For CEQA Compliance XI. Noise - Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for exam pie, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Impact o o o o o o o o Unless Mitigation Incorporated o o o ~ o o o o Impact j!( ~ )( o o ~ ~ >{ o o o o ~ o o o Issues & Supporting Information Sources db\Env Form CEQA Chklst Potentially Potentially Less Than No Page 8 of 12 ATY5~_'Er2 B ~'A Environmental Checklist For CEQA Compliance XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmentai facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation I Traffic A. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) db\Env Fonn CECA Chklst ATTf5~~3B Significant Impact o o o o o o o o o Significant Unless Mitigation Incorporated o o o o o o o o o Significant impact o ~ ~ ~ ~ % ~ )( J( Impact o o o o o o o o o Page 9 of 12 r ~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conftict with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water suppiies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? db\Env Form CEQA Chklst ATTtS'B1~4B Potentially Significant Impact o o o o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o o o o Less Than Significant Impact j( o .M .%t ~ D' i2< ~ b( ~ g( No Impact o ~ o o o Jl( o o o o o Page 10 of 12 ~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? db\Env Form CEQA Chklst ATTt5'e'~lf5B Potentially Significant Impact o o o o o Potentially Significant Unless Mitigation Incorporated D. o o ~ ~ Less Than Significant Impact ~ %- o o o No Impact o o ;2( o o Page 11 of 12 ORDINANCE NO. NS-2704 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 2701 NORTH GRAND AVENUE FROM SINGLE-FAMILY RESIDENCE (R1) TO ARTERIAL COMMERCIAL (C5) (AA NO. 2005-05) 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 No. 2005-05 to change the zoning designation from Single-Family Residence (R1) to Arterial Commercial (C5) in order to allow the construction of a retail building with a Starbucks at 2701 North Grand Avenue. (AA No. 2005-05) B. On October 10, 2005, the Planning Commission held a duly noticed public hearing and by a vote of 6:0 (Lutz absent) recommended that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-262. 2. Adopt an ordinance approving Amendment Application No. 2005-05. C. On November 7, 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. 2005-05 is consistent with the General Plan, including but not limited to its goals and policies to preserve and improve the character and integrity of existing neighborhoods. Land Use Element Goal No. 3.0. E. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project is consistent with the purpose of the general plan. F. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 7, 2005 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2005-05 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. 758-66 Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program for Environmental Review No. 2003-262 prepared with respect to this Project. It is determined that, as required pursuant to the Califomia Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, Califomia Code of Regulations ("CCR") S 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code S 711.2 and Title XIV, CCR S 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The real property located at 2701 North Grand Avenue is hereby reclassified from Single-Family Residence (R1) to Arterial Commercial (C5). (AA No. 2005-05) Amended Sectional District Map number 32-4-9 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. 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 November, 2005. Miguel A. Pulido Mayor 758-67 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilrnembers NOES: Councilmernbers ABSTAIN: Councilmembers NOT PRESENT: Council members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2704 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 758-68 ~ ~~ ::i+-~ ui ~ .CIIYOF i ~ 0 C i I Y 0 f Orange ZZ C5 31..1-9 + 6M"\ \5.5.9 o a '" " SANTA ANA 11mllll FAIRHAVEN , ,----- Zoning Dishid A1 .8 C1 Cl-MO C2 C3 C3-A C4 C5 CR GENERALAGRIGULTURAL PARKING MODIFICATION COMMUNITY COMMERCIAL COMMUNITY COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTISTS' VilLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL COMMERCIAL RESIDENTIAL In___C .,Hl.; AES.iAAIANX.NO 5576 "" ~ 6?2~6 ~ i , P A ~ 6(l-A1. -7200 GRD.IAES.NO N&576 N&588 N$-S13 NS-S24 NS.825 N& ADOPTED BY RESOLUTION NO 5166 BY THE SANTA ANA PLANNING COMMISION PART OF ORDINANCE NO. NS-394 ADOPTED BY THE SANTA ANA CITY COUNCil, AUGUST 17, 1959 C-SM GC M1 M2 MO o P PCO PO PRO SOUTH MAIN STREET COMMERCIAL DISTRICT GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R1-4000 R2 R3 R4 RE SO SP 65.19' ~oo. 5$7 56n 6044 AAa76 N&9" NS-955 N&964 NS_l1Rl NS-1661 A(IOPTEDOATE 2-6-62 8-:'HI~ 10.15_"2 1~-3-62 1~65 12-20-55 1-2-00 2-17-00 "21_69 12-17_" 12-6-<32 APPP~OVEO <1t4- SINGLE-FAMILY RESIDENCE SMALL LOT SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENT RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN uj ;:r R1 z ;:: en ::> I-- 3H_9 &'-91~ AVE. SCAlEINFE"ET ,= 60 MINIMUM FRONTAGE -6000 MINIMUM LOTARE"A lal""tRovisionDale 8-10-05 THIS MAP IS T1-1E OFRCIAI. SECTKlNAI. DISTRICTMAPOFT1-1ECITYOFSANTAMlA A.$AUTHORllEDBYCITYCOUNCll RESOLUTION NO. 7'-163, DATEO 11_1~_7', I HEAEBYATTESTTHATTHISMAPISATAUE COPYOFT1-1EORIGINAlSECTIONAlDISTR'CT MAP NO. 32-4-g. .sog""d <11"1- PHil FREELAND EXECUTIVEOJFli'CTOR COMMUNITYDI'I'HOf'!.lENT&HOUSINGAGENCY C."i~""toP'Io~~!.TEM6ER 10. '?!lL- PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA CALIFORNIA EXHI 758-70 REQUEST FOR COUNCIL ACTION ~~ ~~~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 2005-01, AMENDMENT APPLICATION NO. 2005-02, VESTING TENTATIVE TRACT MAP NO. 2005-05 AND SITE PLAN REVIEW NO. 2005-04 FOR A 36 UNIT RESIDENTIAL DEVELOPMENT AT 2800 NORTH FARMERS DRIVE - SHEA HOMES, ;,APPL'CA>IT (L/1}!2 CITY MANAGER APPROVED D As Recommended D As Amended D Ordinance on 1st Reading o Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution certifying Final Environmental Impact Report No. 2005-01, and approve the Mitigation Monitoring Program and Statement of Overriding Considerations. 2. Adopt an ordinance approving Amendment Application No. 2005-02 and Specific Development Plan No. 77. 3. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-05 (County Map No. 16905) as conditioned. 4. Adopt a resolution approving Site Plan Review No. 2005-04. PLANNING COMMISSION ACTION On October 10, 2005, the Planning Commission recommended that the City Council adopt a resolution certifying Final Environmental Impact Report No. 2005-01, and approve the Mitigation Monitoring Program and Statement of Overriding Considerations; adopt an ordinance approving Amendment Application No.2005-02 and Specific Development Plan No. 77; adopt a resolution approving Vesting Tentative Tract Map No. 2005-05 (County Map No. 16905) as conditioned; and adopt a resolution approving Site Plan Review No. 2005-04 by a vote of 6:0 (Lutz absent) to construct 36 single- family residences at 2800 North Farmers Drive. The Planning Commission modified condition of approval no. 11 to require the common area improvements in conjunction with completion of a construction phase, instead of at the completion of the 18th unit. Condition of approval no. 31 was also modified to change the start of construction activities to 8:00 a.m. on Saturdays from 7:00 a.m. In addition, the Commission added 75C-1 EIR No. 2005-01, AA No. 2005-02, VTTM No. 2005-05 and SPR No. 2005-04 November 7, 2005 Page 2 one condition to require architectural consistency on the proposed balustrades and windows on the side and rear elevations. Finally, the Commission requested staff to study additional street names for their consideration at their next scheduled meeting. Therefore, Street Name No. 2005-01 is not a part of this action (Exhibit A) . The Draft Environmental Impact Report (DEIR) is also included for your review (Exhibit B). In accordance to the California Environmental Quality Act, the Response to Comments document and the Mitigation Monitoring Program, included on Exhibit A, and the DEIR constitute the final EIR. FISCAL IMPACT There is no fiscal impact associated with this action. . Trevino e tive Director Planning & Building Agency LL:rb 11\reports\vttmOS-5 aaOS-2 snOS-l eir05-1 sprOS-4.cc 75C-2 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION MEETING DATE: OCTOBER 10, 2005 PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING - FILED BY SHEA HOMES FOR ENVIRONMENTAL IMPACT REPORT NO. 2005-01, AMENDMENT APPLICATION NO. 2005-02, VESTING TENTATIVE TRACT MAP NO. 2005-05, SITE PLAN REVIEW NO. 2005-04 AND STREET NAME NO. 2005-01 FOR A 36 UNIT RESIDENTIAL DEVELOPMENT AT 2800 NORTH FARMERS DRIVE Prepared by Lucy Linnaus APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO itH 0,< ~r Planning an er MENDED ACTION Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report 2005-01, and approve the Mitigation Monitoring Program Statement of Overriding Considerations. No. and 2. Adopt an ordinance approving Amendment Application No.2005-02 and Specific Development Plan No. 77. 3. Adopt a resolution approving Vesting Tentative Tract Map No. 2005- 05 (County Map No. 16905) as conditioned. 4. Adopt a resolution approving Site Plan Review No. 2005-04. 5. Adopt a resolution approving Street Name No. 2005-01. DISCUSSION Request of Applicant Shea Homes is requesting approval of Vesting Tentative Tract Map No. 2005-05 (County Map No. 16905) to subdivide the subject property and construct 36 single-family residences. In addition, Shea Homes is requesting approval of an amendment application to change the zoning designation of the proj ect site from Single Family Residence (R1) to Specific Development Plan No. 77 (SD-77), approval of the site plan review pursuant to the requirements of the SD, and approval of the street names for the project. EXHIBIT A 75C-3 EIR No. 2005-01, AA No. 2005-02, VTTM No. 2005-05, SPR 2005-04 and SN No. 2005-01 October 10, 2005 Page 2 Finally, the City of Santa Ana, as the lead agency for the required environmental documentation, is requesting the certification of Environmental Impact Report No. 2005-01 and approval of the Mitigation Monitoring Program and Statement of Overriding Considerations. Property Description The subject property is a 9.18-acre, triangular shaped parcel of land located north of Memory Lane, east of Flower Street and southwest of the Santa Ana Freeway (Interstate-5). The site is located within the Single-Family Residence (R1) zoning district and has a General Plan Land Use designation of Low Density Residential that allows single-family development at a maximum density of seven dwelling units per acre (Exhibi t 1). Access to the site is from Farmers Drive, with a secondary access point off the north terminus of Flower Street. The site is currently vacant and was previously developed with an office building and associated surface parking area that was demolished in 2001. While the demolition debris, including underground storage tanks have been cleared from the site, the excavation sites have not been filled yet and loose soil has accumulated on the site. Addi tionally, while not on the site, a Navy jet fuel line owned by the Department of Defense runs parallel and adjacent to the site within an easement owned by CalTrans. Finally, an existing 10-foot to 16-foot high sound attenuation wall extends along the 1-5 freeway and parallels the northeastern boundary of the property. Surrounding land uses include single-family residences to the west and south and the I-5 freeway to the north and east (Exhibit 2) . Project Description Shea Homes is proposing to subdivide the project site to construct 36 single-family residences with a gross density of six dwelling units per acre. The lots will range from 6,030 square feet to 13,042 square feet in size and have an average street frontage of 60 feet. Each lot will be developed with a two-story single-family residence that ranges in size from 3,153 square feet to 4,330 square feet. Each plan will have several customizing options such as bonus rooms, office/hobby room, additional bedrooms and additional tandem garage spaces. An option to add "flex space" in the attic could increase the floor area by up to an additional 535 square feet and the number of stories to three 75C-4 EIR No. 2005-01, AA No. 2005-02, VTTM No. 2005-05, SPR 2005-04 and SN No. 2005-01 October 10, 2005 Page 3 on selected locations. will be 35 feet. Each and three bathrooms and (Exhibits 3 and 4) . The maximum height of the proposed buildings residence will have a minimum of four bedrooms provide garage parking for at least two vehicles The development will consist of three primary architectural plans, each with at least three different architectural vocabularies. In order to reflect the variety of architectural styles present on the surrounding areas, the applicant proposes varied architectural styles that include Craftsman, Spanish, Monterrey, Cottage, French Country and Tudor design features. The residences will incorporate enhanced architectural elements, including complete architectural treatments on all sides of the structures (Exhibit 5). The project will be developed around three new public streets with landscaped parkways, sidewalks and ornamental light standards. The project will also include seven non-residential lots that are designated as open space or a secondary access road. Lots A and B will be landscaped and located on each side of the primary resident and visitor entrance to the proj ect. To enhance the entrance, a decorative stone fence and pavement is proposed. Lots C, E and F will be landscaped and provide passive recreational opportunities for the community. The total open space area for passive recreational use will be 11,046 square feet (Exhibi t 6). Lot D provides secondary access to the development for residents, emergency and service vehicles. The secondary access road will be ungated and have landscaped planters on both sides of the paved road bed. Lot G will be a 15-foot wide strip located between the existing CalTrans sound wall and a proposed 20-foot high sound wall to be constructed to mitigate freeway noise impacts. This area will not be landscaped, but will be regularly maintained by the private association. It will remain for the exclusive use of CalTrans and the Department of Defense. The 20-foot boundary of (Exhibit 7). masonry and community. designed to high sound wall will be located along the northeastern the site and southwest of the existing CalTrans wall The sound wall will be constructed of a combination of clear glass panels to reduce its visual impact to the The masonry portion of the wall will be 12-foot high, match the existing Cal Trans wall, while the glass panels 75C-5 EIR No. 2005-01, AA No. 2005-02, VTTM No. 2005-05, SPR 2005-04 and SN No. 2005-01 October 10, 2005 Page 4 will be eight-foot high and mounted over the masonry wall. A landscape buffer will be provided along the wall adjacent to the secondary access road to mitigate its visual impact to the community and the adjacent properties. Lastly, perimeter block walls are proposed for soil retention and privacy. A six-foot high decorative block wall over a two-foot high retaining wall will be constructed along the west and south property lines to replace the existing perimeter walls. Analysis of the Issues Environmental Impact Report The California Environmental Quality Act (CEQA) required the preparation and approval of an environmental impact report (EIR) for this project. The environmental issues analyzed in the EIR included aesthetics, air quality, hazards and hazardous materials, and noise. In accordance with CEQA, a draft EIR was circulated for review and comment to public, local, regional and state agencies and interested parties on August 9, 2005 for a 45-day review period. On August 22, 2005 a public hearing was held on the document in order to obtain input from interested members of the public. By the close of the 45-day review period, a total of five written comment letters on the document had been received. The City has evaluated the comments received from persons or agencies that reviewed the EIR. In accordance with CEQA, each public agency that commented on the draft EIR will be provided with a response to its comments at least 10 days prior to the ErR certification. The Responses to Comments document, the Mitigation Monitoring Program and the Draft ErR constitute the final EIR. In addition, the Findings of Fact and a Statement of Overriding Considerations have been included for the project (Exhibit 8) The EIR concluded that, with the inclusion of mitigation measures, potential impacts to aesthetics, air quality, hazards and hazardous materials, and noise for the interior living areas, as well as cultural resources, geology, water quality and hydrology can be reduced to a less than significant level. The EIR also determined that implementation of the project would result in an unavoidable adverse impact to the exterior living areas, as noise generated from the Santa Ana Freeway will exceed the City's exterior noise standard of 65 CNEL and cannot be mitigated to a less than significant level with feasible mitigation 75C-6 EIR No. 2005-01, AA No. 2005-02, VTTM No. 2005-05, SPR 2005-04 and SN No. 2005-01 October 10, 2005 Page 5 measures. The study prepared to evaluate the issue concluded that in order to meet the City's exterior noise standard, a 50-foot high sound wall would be required. The City determined that a 50-foot high wall would not be feasible due to the aesthetic impact to the community. The proposed 20-foot high sound wall will reduce the noise level from an estimated 72.2 CNEL to 66.8 CNEL. The proposed wall will minimize noise impacts, but not reduce them to a less than significant level, therefore resulting in an adverse environmental impact. CEQA requires the decision makers to balance the economic, legal, social, technological, or other benefits of the proposed project against its unavoidable environmental impacts when determining whether to approve a project. If the specific benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered acceptable. As a result, the adoption of a Statement of Overriding Considerations is required prior to approving the project. Amendment Application and Specific Development The Santa Ana Municipal Code establishes regulations for the creation of Specific Development zoning districts. The purpose of the Specific Development is to protect 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 for a planned residential project. The proposed Specific Development No. 77 (Exhibit 9) will follow closely the standards established in the Single-family Residence (R1) zoning district, but will incorporate standards to allow certain flexibility in the development of this project. In addition, standards to allow flexibility in the design of the common areas and private road will also be incorporated. These standards include: 1. Limit the permitted and conditionally permitted uses to residential uses only. 2. Allow a maximum height of 35 feet to allow traditional architectural styles with steep roof slopes and to allow the use of the attic for living purposes. 3. Allow for the installation of personalized landscape by the new owners. 4. Establish development and maintenance standards for a secondary access road and common open space. 75C-7 EIR No. 2005-01, AA No. 2005-02, VTTM No. 2005-05, SPR 2005-04, and SN No. 2005-01 October 10, 2005 Page 6 Vesting Tentative Tract Map Shea Homes is requesting approval of Vesting Tentative Tract Map No. 2005-05 (County Map No. 16905) for the subdivision of a 9.18-acre parcel of land into 43 lots. The proposed subdivision will include the creation of 36 single-family lots, seven lots for common area purposes including landscaping, a secondary access road and common open area, and three public streets (Exhibit 10). In order to subdivide the parcel, the project needs to comply with all applicable development standards including lot size, lot frontage and appropriate Public Works Agency standards. Based on a review of the tentative map, the project has been designed to be in compliance with the applicable development standards found in Chapters 34 (Subdivision) and 41 (Zoning) of the Santa Ana Municipal Code and the provisions of the proposed Specific Development No. 77 zoning district. Approval of the vesting tract map will also be consistent with the goals and policies of the General Plan. The General Plan Land Use Element encourages single-family development on minimum sized lots of 6,000 square feet. When subdivided, the project's gross density will be six dwelling units per acre, less than the seven dwelling units per acre permitted by the Low Density Residential (LR-7) designation. In addition, the Land Use Element supports development that provides a posi ti ve contribution to neighborhood character. The proposed proj ect maintains the existing development pattern and intensity within the surrounding Floral Park, Morrison Park and Fisher Park neighborhoods and therefore preserves the character and integrity of the existing neighborhoods. Finally, the proposed residential development is also consistent with the City's General Plan Housing Element to increase the number of housing units. This site is identified in the Housing Element as a potential residential site. The City's Noise Element of the General Plan and the Santa Ana Municipal Code establish noise standards to ensure compatibility between proposed land uses and external noise generators. The principal noise source at this location is the Santa Ana Freeway (Interstate 5). A noise study concludes that current noise levels at portions of the site exceed the established residential standards for exterior and interior noise levels. Conditions of approval are being proposed to ensure that the interior noise levels are achieved and the development is properly maintained. 75C-8 EIR No. 2005-1, AA No. 2005-02, VTTM No. 2005-05, SPR 2005-04, and SN No. 2005-01 October 10, 2005 Page 7 Site Plan Review Section 41-593.5(c) of the Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. The review also ensures that the buildings, structures and grounds are in keeping with the neighborhood and will not be detrimental to the development of the specific development area. The project is in compliance with all applicable development standards including the General Plan, Municipal Code and Specific Development No. 77 (SD-77) as proposed. Addi tionally, the proposal is in keeping with the surrounding area and will improve the desirability of the housing stock in the City. Finally, the project has been determined to be in compliance with applicable architectural provisions governing the project. Street Naming Shea Homes has filed Street Name No. 2005-01 in order to name three public streets within the proposed residential project. The Santa Ana Municipal Code designates the Planning Commission as the decision making body for all street names. To integrate this new development into the existing traditional neighborhoods that surround the area, Shea Homes is proposing the use of traditional floral themed names. The applicant is proposing Lavender Lane for the north-south street which will serve as the primary project entry, Cherrylaurel Court for the east-west street at the north end of the project and Mimosa Circle for the east-west street at the south end of the project. In order to maintain continuity with the City addressing system, each home will be addressed according to existing surrounding block numbers (north 2700-2800 block and west 700 block). This addressing approach will allow for quick identification and a more immediate response time by the City's emergency response functions (Exhibit 3). Conclusion The Shea Homes residential development at Farmers Drive will be of direct benefit to the community by providing additional housing opportunities in the City. Based upon the analysis of the project, the project addresses 75C-9 EIR No. 2005-1, AA No. 2005-02, VTTM No. 2005-05, SPR 2005-04, and SN No. 2005-01 October 10, 2005 Page 8 many goals and policies of the General Plan by assisting in the development of a single-family project. As a result, it is recommended that the Planning Commission recommend the City Council certify Final Environmental Impact Report No. 2005-01 and approve the Mitigation Monitoring Program and Statement of Overriding Considerations for the development. In addition, staff recommends that the Planning Commission recommend the City Council approve Amendment Application No. 2005-02, Vesting Tentative Tract Map No. 2005-05 as conditioned, Site Plan Review No. 2005-04, and Street Name No. 2005-01 (Exhibits 11 and 12) . II Lucy Assis LL:JM 11\reports\vttm05-5 aa05-2 sn05-1 eir05-1 spr05-4.pc 75C-10 R1 R1 ~ Rl ~ , R1 ,,' ORi\NGlOAO ~ R1 w A1 ~ ~ 0 ~ m R1 R1 I i T R4 ~ 10Q-CHOOOO R1 .... ~ A1 " f0 . [BB ~B R1~ ~El ~. '" . Rl 0 ~' "'"'"" "' , "' ; "' "' -, ,"' ; ~n~RAA~>iRfll Innnni o R1 l00-C1- 10000 50-27 R1 R1 R1 = R1 A1 -B C.SM C1 Gl-MD C2 C3 C3-A C' C5 GENERALAGAICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. CQMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL C i I Y . , o , Q n 9 e -, , , ~ G TOWN&COUNTAY RO C2-HD II sanl.-A":;'A~i;;-- ~ w z ~ ~ SD-59 R1 MEMO""'LN R1 " R1 R1 Be R1 R1 Rl i 't!o i J ... , 1 p CR GC M1 M2 MO o P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 R' RE SO SP SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN A EIR 05-lIAA 05-2NTTM 05-5/SPR 05-4/SN 05-1 Jr, oW SHEA HOMES RESIDENTIAL DEVELOPMENT 2800 NORTH FARMER DRIVE 1" = 1000 FEET P LAN N N G ~ = 500 FEET AND BU LD EXHIBIT 1 75C-11 N G AGE N C Y ... "' ~ "' ~ 0: ~ M A I N ... ~ III ~ h h ~ ~ P LAC E Q ~ ~ Q ~ PROJECT MALL << ~ ~ << ~ ~ ~ SITE ~ ~ ~ ~ --uc ~ ~ " 0: ~ "' :;: ~ a: "' 0 c "' ...J LL III " 0: "' ~ :; 0: ~ "' S I G E FA I L Y EIR 05-1/AA 05-2NTTM 05-5/SPR 05-4/SN 05-1 ~ !!j-'~ SHEA HOMES RESIDENTIAL DEVELOPMENT 2800 NORTH FARMER DRIVE A .g(' P LAN N N G AND B U L D N G AGE N C Y EXHIBIT 2 75C-12 SITE PLAN FOR VESTING TENTATIVE TRACT MAP NO. 16905 (REVISED) cnv OF SANTA ~A COUNTY OF ORANGE. STATE OF CAUFORNIA SEPTEMBER 22, 2005 ~":--=''":'':''''''=''''''~';~'''':,i'''''''-- .-"""-.--..................,-.....--, . .._""'....."'''''"-'''''G"<F...,,...._.___ .~~=~=~~~~----~ .:...~~'_.....~--......-'"""..-.....~ ......II'rn>"""-.._....."" "...,,_>'- .....,.,..._'..._ 1,AOL.''"'''''''''_..-_,.......,.,____ ...,..""""-.......'....._~.---_.._... .....,.......---.",""...,,""--..,,-. ..""<.--...-.....--''''............'"''''.,'...- n_."..__........_......"._____.... -':"''''''U'''''''''''''''''_''_'''''~'''''''''''''''''.'''''"''''"'' ..""-....--."""".".......,-.........""''''"''..''.. ~::.:~~::.::~2=:~.:::.. ......,_m..""'.."~......,..._."'....,.,...-.."""""""""" ..""'-......,,"''''''''.....,,------...-,,-.. ----_.-""""'-.."""'-=,--..,"'" ---.-"./1..............-...."""""""-,---. ~~.......__.._,., ~ ~ .....""'..._"'-".~"'_......- "'~"'''''''''''-..uc........ ............... ""....."'-""'....,""....."...".-~ ...""'--""---_--....- ..."""""'''''...-.e<.._''''''............ -"""'''''''''''-'''-~'''' -------- ~~E~;,;:;~:;.~roi. ..""""....._..............r....... --, "'''''._'''''''''' ........"",,,'"---"'''''''''',,...,, ......-""......-..................... ....""".-"""""",..--.",..-, .-....--..........,..,"""......- ::-=~:..-n:::::.-':'::.:"'..:-;:~__"'....., i ~1lU!!l!!t " .~ .- ..- ~.'W-=~:z.~~.r=~.~:*E ~......_.,,""o,,-I ~!=::_~ ........ """""'~ -.- I' " """--'. ..........."""""'.. ..""""roo......... ::;;~'1€i r --[-- -.." PlIIIlIJrJ. ncv,o,llGW _ H '"-:..;'..;rS--""::""".:'" --- ~"U:::"""'...... ~ ~ ......M ~ , ~+:--l=~ I ~. -=-:, ! rl "'-..,=,,"~ Ii I~H 1 'f!;: .Ii ; , , ' Q r- ......."'" 'I r .~ ,-i--.~, --J ~,._.""""'!EJ;:;.';.~.~ .~81JHT -i.,,~,=~~k_13 '-.--.-- 23'_reSECCl<<JAify~,-,,~ ~ _=-= ",'~bo< .ON.~""'NG _.__._ EXHIBIT 3 """"'''''' --~ ,...-.....-""""' --.....-...._....O""'.."...........mJ : :~::;jr~~='~~- .. --."""'-'"u..........,,__ra-...-. ~PNtCB.~ ~~-"' ~~~..:. ~~~~r ~ ............"""''''.DH_".,.. ..Ul ~'/IU1"""___""", _ ",,",,",,"""_N"_""'" """""",.".."",.-..""", ............- to''''''''''''_''''''' """""""'''''''aN"."._""", ~""T"""-_",,~ "".......--..""'" ..............mu"'" * "...."."....''''....'''(l'UilIC!...~ '" ,~. ................ . -- ~;"" ,...""..,." - EF:",!:sa<<D.MrM:T (.,,-- ~~~ I.<JI_T___ -4 - ,,~ - ,,~ ~ ~ 1a(I',o,7M 0lWm1E$ ''''''_''___'._11 ..",......'--.---"''' ,.."'.......-.....--,.'''". ~ ~~~:S:~""" --~ ,,- n', " ~~-- -: : LDrolUMVn"(IE\t!lBlJJ5o'TA7M1IMCTNOI_ "II~ - -- __FrmJy_lt<<""l --- ~Spoaofl<Jl~E-6) _DMlt<<DJ -- >> U'k lUI"" '#k I.N"" -- 4 "'~"" ......, ""'Jr'.""" "","",,_,or_o@" SUll.DlNGSUAMlARY UNIT nFf SQ. FOOTAG( ..,.... 10. .1,...,. J ~Q" .lNH:,.....,......""""'" .. <HIS ""'. .,....,,.. ~.."'.... ~"'tIIX)_....,."'..""""'" ..,"'lNH:g_....""""'... z:.i..~SIlJ....l.."''''.'...., '""'" l.HTl Q,IMSF) S 1_ lHrIXQ.57<lSF) <l 11~ i.NT2 QA6'SF) 71K utiT2XC<I,llOSF) 71K UNT3.Q.826SF) 13 ~ I~ " TaiaI J61cm. (REVISED) VESTING TENTATIVE TRACT MAP NO. 16905 SITE PLAN I MASTER RETREAT ~"OO"'''''" "'<'F'lALE I OGUO""VW FI""LAer MASTER BEDROOM J t MASTER LlBATH . '. w""" . . CLOSET \'I,NOOWSVAftV PcER ElEVATlON SECOND FLOOR r - BEDROOM 4 r----c z " OPTIONAL ~ HOBBY ROOM LAUNDRY ROOM "' W"L r:j.:'i:,'l '~,'k~~5 . " Plan One TI,C Flotlllall RcsidclIcc '\-' ,-,---,,-s F .), :u - ,),,).J:) . q. t. OPEN TO 8ELOW BEDROOM 3 TECH AREA OPEN TO BHOW N Z " '-] ~ . _c>......-"'/'-'..='- r OPTIONAL GUEST SUITE -;1 ~ MICIlOI BlvCO"UR z ~ ~ LAUNDRY ROOM ~ 'z ~ ~ "' y ~"L FAMILY ROOM! LIVING ROOM c, --, ... BREAKFAST NOOK ENTRY '0",,,1- POWDER DINING ROOM ""' 000"' -1. WINOOW'ANDPORCHVAR'fp,RllEVAlION Shl',! HUIl!l" rl',,'r\TS the ri~ht tu (il.lI1~L' l'll'\'~\liOlh. spL'(IliCltio1lS. Ill.ltlTi;lh 'Hid prin"i \\'itl1\lut lJoliel'. V;lrioll~ l'mitie", <;lI(h ;IS ~lrchit<':d" la:; .1I1d Jppr;\j','r,. ,tllllc,til]ll'S U'iL' ditfcT<.'llt IlKtllllds to I1IC\~lIr\' th""l~~~ic~)ldt'ifln~ hnl1W, /\nsqll~lI'l,' I()()ta~l's Shll\\11 heI~eil1_.lI'l' ;Ippruxi1l1.:1t\. l1l'cl',S,II'ih rdll'ni\T llr-{h~' S:II1ll' illtl'rpreutiull. H'UI[l~b"'lll\Afi plT ek\'atIU1I. Sel' S~lk~ (:nlllhdur tor l\IrthL'1" dl'tI11s EXHIBIT 4 Page 1 of 5 BEDROOM 2 J COVERED DECK . OEC'AVA'LAUUON-A"EUVATION'ON'Y r BEDROOM 4 c, ~ z " oPTIONAL ' ~ BEDROOMS LAUNDRY ROOM WALK-IN CLOSET r BEDROOM 4! OPTIONAL GUEST SUITE TANDEM GARAGE! OPTIONAL HOBBY ROOM! OPTIONAL BEDROOM S c, W" L FIRST FLOOR LAUNDRY ROOM 2 -CAR GARAGE ~ I S -; c' S -; (l rs . ;1I1d lHlt t ,,1 . o ~ 8 -, ~ z u " ~ t . ~ . 1.'~;\?p:1 ;,'>'~:f( ~: ~?,~~ Plan One- X '17/e Flot11lan Residence 3,574 - 3,75() Sq Fe. --='../"'/"'~ MODELED ~---------=1 " ATTIC Attic J\";liLlhk OJ] I XA ;llld I XC l,k\-;ltiollS Old~ I MASTER RETREAT OPEN TO BelOW ~OOU'lHIO'O """LACE ~OU",,'5J """LACE MASTER BEDROOM "f >1 , J BEDROOM 3 I UNENf\ 4-. TECH " "' AREA r ""~ , li~~i , o II I " N " e ~1 'I- . Second Hoor SUlrs to Attic MASTER td= aPENTO BelOW BEDROOM 2 WINOOW'VARYP!~E\tvA.nON J SLCOi'iD FLOOR COV~RED DECK ORKAVAILABLEON"...-mVATIONONLY SIll',) 11'1111<,:-; rl'S~'[Y~S the rit';hl to Lhall~t' C'k\'~ltl(1l1S, sl-'L',-'iliL-.lli<lll~, 1l1;ltnials elll..! 1'I"jll'~ \\"irh<ll1t l1otiL'L', Vlri<lU, ,'ntiril''', sUch .\, ;lI-chiklT" ux .1Ilel appraiS\T', '().I1K{.illl~' us':' ditll:r"llt !l\L'rimel, tllll1c',ISUrc" t1~l~,I~nt'li (~l. hOIlle:. AlI_'\ju<lre tl)llU.l!;Cs}dl\1\\'l1 hCI:Vlll.;lrc' Jppmxilll.ak llLTL's'anh- rdkcl1\L" ot rill' sal1le' llltcq'rd~1[]()ll R1)IO~P/ilt)11 ov per ckut10ll S,:e Sail's (.o\lll,clor tOI turrl1l'r dl'Lllb ;LISL'SSurS, and Ilot Page 2 of 5 r BREAKFAST NOOK STORAGE SPACEI OPTIONAL FLEX SPACE FIRST FLOt)P, "EF. '"AU ~ ~ OPTIONAL FLEX SPACE 2-CAR GARAGE ~ KITCHEN "" ,"An STORAGE 2 -CAR GARAGE ~'~RO._": STOIlAGE . ! ., <-+_--.L:_ UP LAUNDRY ROOM OVE" Plan Two The Bates Residence 3,439 - 3,695 Sq. Ft. _')/IJ'./~~ MODELED =-1 ... ft- ON LAUNDRY ROOM ~ ,,, "NK FAMilY ROOM Ov,.. '{ BONUS ROOM "' BUTLE.-' PANTR' r DINING ROOM ,. . J LIVING " ROOM! . OPTIONAL ~ BEDROOM 4 "' : WITH BATH 4/ Ii ~ OPTIONAL 0< OFFICE ENTRY WITH BATH 4 PORCH L STORAGE POWDER AREA .. '.CAR GARAGEI OPTIONAL BEDROOM 5 WITH BATH 4 r '- ~._-~.=. WINOOW'VARY""ELEvATloN f OPTIONAL BEDROOM 5 WITH BATH 4 L ~ W'NOOWSVA"'p<.",VA110N Sh~"1 1'-1(,)I~ll'S rl',~rl'L', the ri~ht III dl'Illf'C' eiLI'Clti,,,].., 'I'n'il,c-,lli<1Il", '''Illetlllle'' the' ,htlerC"1l1 rl".tlwds to ll1eClS\lrL' tile' ,'!Uell-L' !,-,,,uge llf.l hOl1\e" R(l()1l1 dillle"ll"iOIl' Y'lr~ cf MASTER BATH ""' "00"' " BATH 3 WALK-IN CLOSET BEDROOM 3 L- SECOND FLOOR DINING ROOM OPTIONAL BEDROOM 4 WITH BATH 4 BATH 4;1 .1 POWDER WALK-IN CLOSET MASTE~l RETREAj MASTER BEDROOM ~ " ~J g. ,0 w~ ~:;j BEDROOM 2 J STUDY ALCOVE "'''I AREA. W1NoOw'VAR' P'. ''-'VAll0N DINING ROOM 1------ -- -.. -~ OPTIONAL OFFICE WITH BATH 4 'I ~ff BATH 4 POWDER lIl.ltcriel!,; ,lIld pr;d" ,,-itholll [)()[iu'_ \/.lrl<1l1' cIlti[;L'.'>lch .1' ;lr,-hitl,,-t, n,," i\ll _, _, _ _ ' "',' ,- ,,'''','''r' ,lIld apf'Lli'~'I-', .7'5l1U,I.'.e' hlU"'.'1L" "6h""II.I1l'ILIIl arc'. 'l'I'.ro:Sllll,ltl' all". lIotllc',--cs,."r;I'. " I '" ," > I'C cnin' utt1l' ';II11c' intnl'l'c'(.I,idll p . IOTl,~' , "(_<lllllsl'lul-tor!urtl1l'rdd,llh Page 3 of 5 '~,-\Z''?l ,-~~t;, ~';>i'Ll Plan Tivo- X The Bates Residence 3,974 - 4,2()(, Sq. Ft. ---=o':?/",/",...-.=- _Attic ;l\-;libbk 011 2XB ;llld 2XC' L'k,\";1tio!h olllv. ,. ATTIC DN! b:= m.'" '. ~Hffi" ~~,-~...r i ~; . . '..'Ii'., . ( -h+Tt;+-". i;;.,W., ~I,_:L! ,:~ -', i\ltJl l-qln:,Clll\ ;ld,liti(lJl:11 :Ir~\l I()I" tl1l' 2X(: ;Inil. ,!](l\\'ll i~ 2\:)). cf WALK-IN CLOSET MASTER] RETREAT MASTER BATH WALK-IN CLOSET MASTER BEDROOM ~ i!'. ,", 000"' i 1c'f. - ~--'DN Ii! , BONUS ROOM nl li'D' C) I, \'-..)! BATI;13 , I ~! , N"O "'~. ...,- <{' m !Q IV I WALK.TN CLOSET BATH 2 ~. ,0 ~ c;j BEDROOM 2 o. J ~. ,0 It ..: BEDROOM 2 o. J BEDROOM 3 L- ~:~g:, lii~ r W'NDOW' VARY F'fR E\EVA.lloN ~:~g:, lii~ r WIN""W<"A".'.(\~VATlON SECOND FLOOR Sl'COlld Floor SLur" to Attil Shc\l 1-IUlllC, n'SL'rv<:, till' ri~lll lU Ch;lll);C' dn";ltlOIl';' spn-ificuiuns. Ill<lfni;l],; and pri'T' without Ilotice. V:lrious l,ntities, 'illch as ;\I"t:l1it~,ct'i, LlX JSSl',S(lf', llld 'lppr.li;n', '()!llL,tiI1lC, use difkrcIlllllL'tllOd" tu Ill":;lsurL' the SqLl'lr~)t:l~l~. I1Ullll'. AlI.sqU'lH' tl)(ltages showl] hl'~t'ill,are 'lpprm':l111.;ltl' ,1Ild not Ilecl'Ss,lrih- rl'lkdin' uf thl' ';:\111,' intL'rpr":(dti<1l1. R~15u'll.i.11l1 \"f\' p...'r dentlUlL S<.'l' S;lk, COllllselur tOl' ILlnht'r ,kt;llls Page 4 of 5 r ~ BREAKFAST NOOK ~ OFFICE 1/ OPTIONAL BEDROOM 51 'w OPTIONAL FAMILY GUEST SUITE ROOM WITH RETREAT 0 , --I KITCHEN I ", m I OVEN "um.-, >PAC' PANT"Y OPTIONAL BEDROOMS DINING ROOM COURTYARD j ~ ~ II"" 1 "' f'~" I" ~ ~ LIVING c~ ROOM '-It"m~_r'"'"'l. "'mv'M~ 0" DOOR ENTRY :r;:\;':"1 L,f'~ t'15 . T7zc Plan Three Williams R'" 3 8Y (;:,/(lCI1CC ,_J-43'()S ,- -, (1. F _ t. "'fi'ft~ r .r-- ~,;:~::::::' ~ OPTIONAL OFFlCE2 L,. .{. B~DA:~~~ VA"" "'""'"ATION II' J >c"n r I- ~ ~ ~ ~ ... I-- < "' BEDROOM' n ^ ~ji ~~~~~~:E~~~A~~~~ l.::I lUun ,A<CONY OPTIONAL GUEST SUITE BATH 4 ' ~ I RETREAT O:'T~N:,~~:~~'NITf' Ml(.OWAVEA::"T~~,. ",,-' ..'000 l'h~ 2 -CAR GARAGE RETREAT L !~ "AT J u TANDEM GARAGE! OPTIONAL BEDROOM 6 OPTIONAL BEDROOM 6 MASTER BEDROOM LOfT 2-CAR GARAGE '" BEDROOM] .., S>Af r- WINDOWS . VARV "" '~~~A~~~ l " w. ~~ ,. WALK-IN ClOSH BEDROOM 2 ]~J :;; . :L~ 0' Second Floor SIW;lllulll' "rc',,'] .lIld ;jppr;li~lT' . -H", thl' right tu -I . ~(1]] 1 em) 1 .. l 1.1Il '~L' L'] , Ill'\'" _' '~lIscdirr>-' <.Y;HWJIS S),-" l~..,1I1h' rdl' _ _ Ul'llt 111e'thO]- , . ~lllttL;lli()]], . "me "teh", "',, ""'.",,,,' I . m.nn,.,], .",,1 ,I1\),'1I11..:r1- .' tll'f"'lllr. f _ pricl's \\itl flC:Utllll1 R 5' 'ellOL1:-;c' of, I \llllttloticL' V' \)11 . " 181 \<.llllc' '\ll - .llillll'i' - ""Ill" ,.." ''I'''''''''''' . ",m".",,,,h. . I" ,.In.m",,' C,"" ,I",,,,, h' " .," h,,,,,, " we S'lk\ {' lll'lll ;lrL" - ," ," Page 5 of 5 . - oumdllj" ttW f - I .1)11')\\:\1111;lt,' ult1l'rlkuil,; First Floor dSs,',sors ;lIldlllll' o ~ I i i o e CONCI!:I"TU....I.I.I!:c5-I!:Ntl W. ORANGE I ROAD CD CO""'~~TIO PAV~~S AT ~NT>:"N=5 o ~~'MA~Y ~f(TllY ""TH P,"A.S""'~5 Gl ""=5T1<JAN~NT1<"WOO<>ov~~Hl:''''0' Gl ">rT"~v ~,A~~,"~'" I ~I"'"A"" @ CO""LJNITY'<OLAXATION~O=GAR= ell SOD"""NT"-~'ORPARKWAY5WI S"",,~"T "'~~.. Ql 5~CONDAR" ..,......" "'Tn! PJL"'->TlO~_~ @ PI:~''''~'''"~ "L<XK "'ALL G! N-OCKSOUN"WALL @ ~J5TING50UNDWALL @ I,"",RIQR"'.OCl<WAJ.L @ ";-ALL~LOCKWAU @ TU"LJLAR5TlO.1:ir-~NC'" @ A4-"'S~GAT"-.<~O",A$~""'N~ T"I!l!I.l!cSol!NP ~ -......,...'''''.. ......"....."'...,.. .......-,..... -.."",. .~-~.. .""'~.'"'__JJ . -::::~~~::> ~.,."~..:;...;"'_.- 'o...~.........'~ ~~;,::~::~~~,~:::-::~;';2.":::;,~~;",:'~~:.=:;<-"" e.~ItUI9l.l!I!oI!NP " LANt:'5<:A"" 6...0IVN ". PLAN 5"""LL='t<5TALL~"'W5"",-A ~MA'NTAr""D"Y rK>M!Oo\VNnSA5.SOCJATION ....,"..."'..... ~ ., ".... "_""J.''',,,,,, ... ............ ..............".. NOTI!e.: J~~?Z"i~;:,~:,~:::y ,,"".....,"" "_.,..""... .....",.. ,...",... 0""_'''. 34 33 32 31 . )1 NOT A PART 30 ~~=::f:::1~;,::;:E'~~;~;:~~~=:~~~~=~=:.,'"'T"" lu; --..., -.....,.-... ... ~,~~~ ~_.o 1..:1 VINI!:L.1!.6I!.Nt' l=:~-::~ "'L.~NTeIZI!:KI!:Y -0'- o ..... 0..... o ~ o o o t ~ ~? ~ 'T'------r- I , "- SHEA HOMES 603 S, VALENCIA AVE. BREA, CA 92822 r _I )t~ CONCEPTUAL PRODUCTION LANDSCAPE PLAN t- \YI. I E II C,. ~ ~ t :.~~~~~:.:: 6l-!I!!!T 1 Ofl'2 TT#,S905 S....lTAANA,CA Q,~..,,~' .~. "."",;iiI!.' ,,----.....,- :;:c.:.::..-::=.:.''';o';o~_ ~~t~~. ST~.s:""""f:;"-:sl...,~ THE RETREAT ,..-....I>oN (714)""-.500 1714)792-250' 75~26 ~, L!'- ,," ~;' ~, ,~,,":,.s.,v . '" ',"'" , '. 'I \r I I: ----j ~ I.~ II! 'I :5 ,,~ : ,~,~~ Ii: ~'J UJ I, , 'I:::!; , " ')-[9:: I,! o OpeN SPACE I , I , I I I I I I r--------------- I I I I I , I I ~I.EY"'TION Of" Il!NTIllY_<5>"'-IIl!!> AT I"AIllMIl!I'l~ \~ J" 1 135_8 2 1 Il!Nl."'!'l~I!!MI!!:N'" 01" P'AI'lMI!!Ill!> Il!i'lTIll"NG.1!! ~, ;---\ 'J ~ ;f~,~ " ~ v. I' ~ 'r I I I tf".>(f;... ;-' '" -',- '-'J~,sY'r-", ~y ~ ~ ) "'u ,:5:;, ~ '~i,; cV"' '?7.( , ~~ ~< Y- .,J;A't<>4'J.? ~~.rc 'C: >>r> 31 36 1!!,1'I.I,.AllllSoI!!MI!!NT Ol"I"I.OI"l!!1ll Il!Nil'l"Nc.l!! .e"L.~ ,".~",_,,' J- - \~...'-.-. '-':_---~ Jm "F CUP !NL."'IIlG-Il!MIl!Ni 01" ""el.."'X~TION !!toe!!! Go""'''!!!N =l"eY,.,TION 01" I!!NTI'I.'" 05-A"!J!.!> AT P"L.OI"lI!!I'l Il!NL....!Il.GI!!MeNT 01" 1"Y~I~~l. c.~I.-DI!!-eAc. CONCEPTUAL PRODUCTION LANDSCAPE PLAN SHEA HOMES 603 S. VALENCIA AVE. BREA, CA 92822 (714)7.'_25<lO (714)1'2.25(J' THE RETREAT n_16005 SANTJ\ANA,CA 75G...a5 (9- '~';.",~, .~. "~,~. '.'-',"'-/00.''' ... ,-" !tHI!I!T .2 01" :2 ..-.----- ::=....:::,:c.::...''t"....._ ~t~?~ ~~~~~~~ !I- \fl Ifllll >c" f ~~;~~::: E D '" .. <i; '" ~ <0 ~ '" " ~ ~ " t;i << <3 ,l I " " FO ~ I ~ ~ ~ ~ f':' in 'i' g " " << .o!- " " G ~ .. " '" "' " 2 ~ "" << ~ oi' ~ CONSULTING PROPOSED If EXISTING If IT 16905 CAL mANs B' GLASS PANEL SOUND WALL --- '" 10' PROPOSED NA VY oET FUEL LINE E:SMT. rl H R EXISTING CAL mANS [::i/ SOUND WALL IT 16905 EXISTING 5' NAVY .ET FUEL LINE [SUT. 15' :, MASONRY BLOCK SOUND WALL TO AlA TCH CAL TRANS FINISHED GRADE 1'-8~ ~JET FUEL LINE 1 (PER CAL mANS PLAN) I 1 I .1 I1Li I 1 ~ CAISSON SECTION A-A SOUND WALL NOT TO SCALE 8" X 8~ X 16" MEDIUM WfIGHT, CONCRETE BLOCK. COLOR, TO MA TCH EXISTING PRECISION BLOCK WALL. MA TCH/NG MORTAR RUNNING BOND. RAKED HORIZONTAL .t -vrnTICAL JOINTS. MA TCH EXISTING CAL mANS WALL. SOUND WALL PARTlAL ELEVA TlON PLANNING . [JE;SII3N . CONSTRUCTION Shea - " The Retreat" Sound Wall Section City of Santa Ana 8/16/2005 14725 ALTON PARKWAY 1AVItE, CAUFORNIA 92618-2027 949.472.3505. FAX 949.472.8122 . www.ABF.com SHEA HOMES RESIDENTIAL PROJECT FOCUSED ENVIRONMENTAL IMPACT REPORT State Clearinghouse 2005041176 RESPONSE TO COMMENTS DOCUMENT Prepared By City of Santa Ana Planning & Building Agency 20 Civic Center Plaza Santa Ana, CA 92702 October 2005 f5e~~1 SECTION 1.0 INTRODUCTION 1.1 Public Review of Draft Environmental Impact Report This document has been prepared to respond to public comments received on the Focused Draft Environmental Impact Report (DEIR) for the proposed Shea Homes Residential Project. The California Environmental Quality Act (CEQA) Guidelines 15105(a) states that the Lead Agency shall provide a public review period of not less than 45 days for a proposed Environmental Impact Report. The Shea Homes Residential Project DEIR was circulated for the 45-day public review on August 9, 2005. The public review period closed on September 22, 2005. The Notice of Availability of Shea Homes Residential Project Focused Draft Environmental Impact Report was published in The Orange County Register on August 9, 2005. Copies of the Draft Environmental Impact Report were made available for public review at the City of Santa Ana Planning Division and the Santa Ana Central Library. Distribution of the DEIR and the Notice of Availability for review and comment included the following agencies, organizations and individuals: State Clearinghouse, Office of Planning & Research California Department of Transportation District 12 Orange County Sanitation District South Coast Air Quality Management District County of Orange Santa Ana Unified School District Morrison Park Association Southwest Division Naval Facilities Engineering Command Southern California Association of Governments 1.2 Comments on Draft Environmental Impact Report Section 15088 of the CEQA Guidelines states: (a) The Lead Agency shall evaluate comments on environmental issues received from persons who reviewed the DEIR and shall prepare a written response. The Lead Agency shall respond to comments received during the noticed comment period and any extensions and may respond to late comments. (b) The written response shall describe the disposition of significant environmental issues raised (e.g. revisions to the proposed project to mitigate anticipated impacts or objections). In particular, the major environmental issues raised when the Lead Agency's position is at variance with recommendations and objections raised in the comments must be addressed 75C~8 in detail giving reasons why specific comments and suggestions were not accepted. There must be good faith, reasoned analysis in response. Conclusion statements unsupported by factual information will not suffice. (c) The response to comments may take the form of a revision to the DEIR or may be a separate section in the Final EIR. Where the response to comments makes important changes in the information contained in the text of the DEIR, the Lead Agency should either: (1) Revise the text in the body of the EIR, or (2) Include marginal notes showing that the information is revised in the response to comments Section I 5204(a) of the CEQA Guidelines provides that: "In reviewing Draft ErRs, persons and public agencies should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible, in light of factors such as the magnitude of the project at issue, the severity of its likely environmental impacts, and geographic scope of the project. CEQA does not require a Lead Agency to conduct every test or perform all research, study and experimentation recommended or demanded by commentors. When responding to comments, Lead Agencies need only to respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the EIR". Section 1 5204(c) of the CEQA Guidelines further advises "Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence". 1.3 Shea Homes Residential Project Draft Environmental Impact Report Response to Comments In accordance with Section 15088 of the CEQA Guidelines, the City of Santa Ana as the Lead Agency for the project, has reviewed and evaluated written comments submitted during the public review period regarding the Shea Homes Residential Development DEIR. No significant changes to the data and analysis contained in the Shea Homes Residential Development DEIR have been required as a result of the comments 75~'-i9 received during the response process. The responses provided herein clarify, amplify, elaborate, and make minor modifications to the Draft Environmental Impact Report, or accept mitigation measures or project alternatives suggested. This Responses to Comments document has been prepared and constitutes a separate section of the Draft Environmental Impact Report and will be incorporated as part of the Final EIR as presented to the City of Santa Ana for certification. The City of Santa Ana has received 5 comment letters from public agencies. Each comment letter received during the public review period is included in its entirety in this document. Each letter containing comments on the DEIR is followed by responses corresponding to comments submitted in the letter. No new significant environmental impacts have been raised by the submitted comment letters. Comment Letters Letter Agency/Organization/Individual Letter Date A B C D E Southern California Association of Governments August 31, 2005 Orange County Sanitation District September 12,2005 California Department of Transportation August 29, 2005 County of Orange September 22, 2005 California State Clearinghouse September 22, 2005 750..00 SECTION 2.0 CLARIFICATIONS TO DRAFT ENVIRONMENTAL IMPACT REPORT The following is a list of clarifications to the Shea Homes Residential Project Draft Environmental Impact Report. Those parts of the text that are underlined indicate deletions and revisions to the Draft Environmental Impact Report. Section 2.0, Table 2-1, Page 7 The following mitigation measure has been revised. Grading Plans and Building Plans for the proposed proj ect shall note that construction activities on the project site shall take place between the hours of7:00 a.m. and 8:00 p.m. Monday through Friday and 8:00 a.m. to 8:00 p.m. on Saturdavs and no construction activity on Sundays or federal holidays. No construction equipment on the project site shall operate including warming up until after 7:00 a.m. Monday through Friday and after 8:00 a.m. on Saturdavs. Section 3.2 Proposed Project During the public review period for the DEIR. the proiect developer has proposed a modification to the proiect description. The third floor area of the homes originallv proposed as attic storage space would now become habitable space. The third stOry area would consist of approximatelv 580 square feet of area and have been designed to meet the 45 dB CNEL interior noise standard. The construction materials for the third floor area would depend on the location of the home. The third stOry area for the homes on Lots 10,22, and 27 would be constructed with quiet rock panel exterior walls with a minimum noise rating of ENWR 49 with an additional laver of quiet rock panel on the ceiling assemblv. The northerlv facing windows along Interstate 5 would have a minimum noise rating ofEWNR-45. The third stOry area for the homes on Lots 12, 13. 16, 18,20,21, 24. 25, would be constructed with exterior walls consisting of wood stud construction with stucco exteriors and a minimum 1/2' inch gypsum drywall on the interior. All onhe exterior walls would include fiberglass insulation in the stud cavities. The windows on the third floor area would have a minimum noise rating of EWNR-22. The roof construction would incorporate concrete or composition tiles on the exterior and a minimum y,-inch gypsum drywall on the interior surface. Attached are noise reduction calculations provided bv the proiect' s acoustical consultant, Mestre Greve Associates, demonstrating that the proposed construction materi als for the third floor area would be able to achieve the 45 dB CNEL noise standard. The modification to the proiect description with the proposed construction practices would not result in a new significant impact or substantiallv increase the severitv of environmental impact associated with the proiect or result in the need for additional mitigation measures. 75G,.31 IT 16187, Santa Ana Shea Homes - Greg Kibble 714-985-3698 REPORT #05-72 FRED I MIKE; May 2005 CASE 7 : (added 9.2005) BUlLDING ELEMENT Window (operable) Shileded Window (operable) W,," Roof I Ceiling (top floor) TOTAL AREA (ft^2) 10 Log SIA EXTERIOR NOISE LEVEL: INTERIOR STANDARD : REDUCTION REQUIRED: 83.6 45.0 38.6 AREA (ft^2) Woodley Plan 2X, Retreat (maximum normal window UG) EWNR COMMENTS lO^(-EWNR/lO) 35.0 10.0 412.9 329.9 787.8 o Calculated Noise Reduction: SAFETY MARGIN: TOTAL NOISE REDUCTION: 32 35 40 45 UG UG (+3 for orientation) stud/stucco I gyp I insulation withAVB 0.02208 0.00316 0.04129 0.01043 worst case exposure, above wall noise standard CASE 7 : (added 9-2005) BUILDING ELEMENT Window (operable) Shileded Window (operable) w,n Roof I Ceiling (top floor) TOTAL AREA (ft^2) 10 LogS/A 0.07697 non-comer 34.1 2.0 dB 32.1 FAILS BY: 6.5 dB EXTERIOR NOISE LEVEL: lNTERIOR STANDARD : REDUCTION REQUIRED : 83.6 45.0 38.6 AREA (ft^2) Woodley Plan 2X, Retreat (Required Window Upgrade) 35.0 10.0 412.9 329.9 787.8 o Calculated Noise Reduction: SAFETY MARGIN: TOTAL NOISE REDUCTION: CASE 7 : (added 9.2005) BUILDING ELEMEI\'T Window (operable) Shileded Window (operable) W,," Roof I Ceiling (top floor) TOTAL AREA (ft^2) 10 Log SIA worst case exposure, above wall noise standard EWNR COMMENTS lO^(-EWNRJlO) 45 UG 0.00111 48 UG(+3farorientation) 0.00016 49 UG 0.00520 45 withAVB 0.01043 0.01690 non-corner 40.7 NEEDS 2.0 dB AVB AND WALL UG TO EWNR=49 38.7 PASSES BY: 0.1 dB AND WINDOW UG TO EWNR=45 EXTERIOR NOISE LEVEL: 83.6 worst case exposure, above wall INTERIOR STANDARD : 45.0 noise standard REDUCTION REQUIRED: 38.6 AREA (ft^2) Woodley Plan 2X, Retreat (windows removed) EWNR COMMENTS IO^(-EWNRI10) 0.0 0.0 457.9 329.9 787.8 o Calculated Noise Reduction: SAFETY MARGIN: EWNR calx IT 16187 TOTAL NOISE REDUCTION: 36 39 49 45 OMIT OMIT UG withAVB 0.00576 0.01043 would need to omit all windows and upgrade walls to EWNR=49 0.01620 non-corner 40.9 2.0 dB 38.9 PASSES BY: 0.3 dB Page 1 of 1 75Cr-32 Section 4.9 Hydrology/Water Quality The following has been incorporated into the EIR to clarify the watershed characteristics ofthe proj ect site. The proiect site is located within the Lower Santa Ana River Watershed. The project site consists of9.18-acres and was the former location of an office use and parking lot. The project site has been recycled and is currently undeveloped. The majority ofthe proiect site currentlv consists of pervious surfaces. The proiect site would be developed with residential uses and would consist of more pervious surfaces than the former office use on the project site. A total of 6.3 I-acres of the project site would consist of residential lots. .91-acres would consist of open space and 1.96-acres would consist of roadways. Section 5.3.5 Mitigation Measure N-l The following mitigation measure has been revised. Grading Plans and Building Plans for the proposed proj ect shall note that construction activities on the project site shall take place between the hours of7:00 a.ill. and 8:00 p.m. Monday through Friday and 8:00 a.m. to 8:00 p.m. on Saturdavs and no construction activity on Sundays or federal holidays. No construction equipment on the project site shall operate including warming up until after 7:00 a.m. Monday through Friday and 8:00 a.m. on Saturdays. 75~33 Letter A B C D E SECTION 3.0 COMMENT LETTERS/RESPONSES Agency/Organization/Individual Letter Date Southern California Association of Governments August 31, 2005 Orange County Sanitation District September 12,2005 California Department of Transportation August 29,2005 County of Orange September 22, 2005 California State Clearinghouse September 22, 2005 75Cn34 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 f(213J 236-1825 www.scag.ca.gov Officers: President: Toni Young, Port HurnEme " First Vice Pre,ident:Yvonne Burke, losAngeles County. Second Vice President: Gary Ovitt, San Bernardino County "Immediate Past PrEsidEnt: Ron Roberts, Temecula Imperi~l County: Victor C~rrilio, Imperi~1 County -jonEdnEY, EICentro Los A.ngeles County: YvonnE Burke,LosAngeles County " ZevYaroslavsky, Los Angeles Countv " jimAldinger, M~nhattan Beach" Harry Baldwin. San Gabriel" Paul BowlEn, Cerritos - Tad Campbell,Burbank"TonvCardenas, Los Angeles "StanC~rroll,laHabra Heights-MorgarEtClork, Rosemead' Gene Daniels, Paramount" Mike Dispenza, Palmdale " judv Dunlap, Inglewood' R.;teGabelich, Long Beach " David Gafin.Downev " ErIc Garcelti. Los Angeles 'WendvGreuel. Los Angeles" FrankGurule,CudahV " janice Hahn, Los Angeles" Isadore H~II. Compton' Keith W. Hanks, Azusa "Tom LaBonge, Los Angeles" Paula Lantz, Pomona" Paul Nowatka, lorran(~" Pam O'Connor, Santa Moni,a " Alex Padilla, Los Angeles"BErnardParks,losAngeles"JanPerry, Los Angeles' Ed REyes, Los Angeles" Bill Rosendahl, Lo, Angeles" Greig Smith, Los Angeles' lorn Sykes, W~lnut . Paullalbot. Alhambra "SidnEvTyler, Pasadena' Tonia Reyes Uranga,longBeach'AntonioVillaraigosa,los Angeles" Dennis Washburn, Calabasas" jack WEiss, Los Angeles" Bob Yousefian, Glendol~" Dennis Zine, Los Aogeles Orange County; Chris Norby, OrangE County' Chfistln~ Barnes. la Palma' John Beauman, Brea "Lou Bone,Tustin-Art Brown, Buena Park " Ri[h~rd Chovel, Anaheim - DebbiE Cook, Huntington Bea[h "Cathl)'n DeYoung.laguno Niguel - Richard Dixon. Lake Forest. Marilvnn Poe, Los Alamito, " lod RidgewaV, Newporl B~adl Riverside County: jeffStone, Riverside County. Thomas Bur,kley. Lake Elsinore" Bonnie Flickinger. MorEno Vallev . Ron Loveridge, Riverside-Greg Pettis, Cathedral City " Ron Roberts. Temewla San Bernardino County: Gal)' Ovilt, San Bernardino County" Lawrence Dale, Barstow" Paul Eaton, Montclair " Lee Ann Gmia,Grand lerra[e "Timlasper.Town of Apple Vallev " Larl)' McCallon,Highland- Deborah RobErtson,Rialto "AlonWapner,Dntario Ventur~ County: Judy MikEls. Ventura County" Glen Becerra,SimiValley' Carl Morehouse, San Buenavenlura "loniYoung, Port Hueneme Orange County Transportation Authority: Lou Correa, County of OrangE Riverside County Transportation Commission: Robin Lowe. Hemet VEntura County Transportation Commission: Keilh Millhouse. Moorpark = ~ RECEIVED AUG 3 1 2005 SANTA ANA PLANNING DEPT August29,2005 Mr. Dan Boll, Environmental Coordinator City of Santa Ana Planning Department P. O. Box 1988 Santa Ana, CA 90262 RE: SCAG Clearinghouse No. 120050519 Shea Homes Residential Project Dear Mr. Batt: Thank you for submitting the Shea Homes Residential Project for review and comment. As areawide clearinghouse for regionally significant projects, SCAG reviews the consistency of local plans, projects and programs with regional plans. This activity is based on SCAG's responsibilities as a regional planning organization pursuant to state and federal iaws and regulations. Guidance provided by these reviews is intended to assist local agencies and project sponsors to take actions that contribute to the attainment of regional goals and policies. A-I We have reviewed the Shea Homes Residential Projec1, and have determined that the proposed Project is not regionally significant per SCAG intergovernmental Review (IGR) Criteria and California Environmentai Quality Act (CEQA) Guidelines (Section 15206). The proposed project is not a residential development of more than 500 dwelling units. Therefore, the proposed Project does not warrant comments at this time. Shouid there be a change in the scope of the proposed Project, we would appreciate the opportunity to review and comment at that time. A-Z A description of the proposed Project was published in SCAG's August 1-15, 2005 Intergovernmental Review Clearinghouse Report for public review and comment. The project title and SCAG Clearinghouse number should be used in all correspondence with SCAG concerning this Project. Correspondence should be sent to the attention of the Clearinghouse Coordinator. If you have any questions, please contact me at (213) 236- 1851. Thank you. A-3 Sincereiy, ~~ BRiAN WALLACE Associate Regional Planner Intergovernmental Review 75C~5 D ~- ~ ."" ,)'1 (ff.f"D"'~'Jl ~I~ {~ ~R,,,:j'R!:': ~ . J9f;::; (halteng:~o/J,;/,':,;I , 2003 Comment Letter A Southern California Association of Governments August 31, 2005 A-I The submitted comment identifies Southern California Association of Governments has the as the area wide clearinghouse for regionally significant projects. The submitted comment does not raise a specific comment or issue on the DEIR. No response is required. A-2 The submitted comment acknowledges that the proposed project is not regionally significant. The submitted comment does not raise a specific comment or issue on the DEIR. No response is required. A-3 The submitted comment identifies that the proposed project was published in SCAG's August 1-15,2005 Intergovernmental Review Clearinghouse Report for public review and comment. The submitted comment does not raise a specific comment or issue on the DEIR. No response is required. 75c",36 phone: (714) 862-2411 fax: (714] 962-0356 www.ocsd.com mailing address: P.O. Box 8127 Fountain Valley, CA 92728-8127 street address: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Member Agencies . Cities Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Los A/amitos Newport Beach Orange Placentia Santa Ana Sea! Beach Stanton Tustin Villa Park Yorba Linda :ounty of Orange mitary Districts Costa Mesa Midway City Water Districts Irvine Ranch ORANGE COUNTY SANITATION DISTRICT September 8, 2005 RECEIVED SEP 1 2 2005 SANTA ANA PlANNING DEPT Dan Bott, Environmental Coordinator City of Santa Ana Planning Department P.O. Box 1988 Santa Ana, CA 90262 SUBJECT: Notice of Availability of a Draft Focused Environmental Impact Report forthe Shea Homes Residential Project I This letter is in response to the above referenced Draft Focused Environmental Impact Report for the Shea Homes Residential Project (Project). The Orange County Sanitation District (OCSD) is responsible for safely collecting, 12 I treating and disposing the wastewater generated by 2.3 million people living in a 1)- 470-square-mile area of central and northwest Orange County. Since OCSD's facilities (treatment plants, pipelines, pumping stations etc.) are located throughout this service area, review of all projects that occur witl:li..!:l..YQ.ur aqency's sphere of influence is appreciated. OCSD has no comments on ~roJect af this time. 6....2-. [ . Thank you for the opportunity to comment and please update your records to ensure that all future CEQA documentation is sent to the attention of Adam Nazaroff, Associate Engineer III. This will allow OCSD to respond within the Cl.. /' "3 comment period. Please contact Adam Nazaroff at (714) 593-7854 if you have V any questions. DtJ9'~ ~D. Linder, P.E. Engineering Manager AN:sa: H:\dept\eng\740 Planning\EIRS\2005\2005117 _Santa Ana_Shea Homes Residential Projectdoc c: Adam Nazaroff, OCSD EIR File To maintain world-c1as.zge~r~rtewater and water resource management. Comment Letter B Orange County Sanitation District September 12, 2005 B-1 The submitted comment identifies the Orange County Sanitation District is responsible for collecting, treating and disposing wastewater for 2.3 million living in central and northwest Orange County. The submitted comment does not raise a specific comment or issue on the DEIR. No response is req uired. B-2 The submitted comment states that the Orange County Sanitation District has no comments on the proposed project. The submitted comment does not raise a specific comment or issue on the DEIR. No response is required. B-3 The submitted comment requests that future CEQA documentation be forwarded to Adam Nazaroff, Associate Engineer III. The submitted comment does not raise a specific comment or issue on the DEIR. No response is required. 75c'T38 STATE QF CALIFORNIA BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCOW ARZENEGGER Govemor DEPARTMENT OF TRANSPORTATION DISTRlCT 12 3337 MICHELSON DRlVE SUITE 380 IRVINE, CA 92612-8894 @..-.... . . i tit . '.. " Flex your power! Be energy efficient! August 2S, 200S Dan Bott, Environmental Coordinator City of Santa Ana Planning & Building Agency 20 Civic Center Plaza Santa Ana, CA 92702 FtECE'VED AUG 2 9 2005 SANTA ANA PLANNING DEPT File: IGRlCEQA SCH: 200S041176 Log#: lSS3B Route: I-S Subject: Shea Homes Residential Project Dear Mr. Batt, Thank you for the opportunity to review and comment on the Draft Focused Environmental C-I Impact Report dated August 9, 200S. The project involves development of a 36-unit subdivision oflow-density housing, located at I-S and Flower Street, on a currently vacant lot. Caltrans District 12, as a review agency on this project, has no comment. c.. - Z- If you have any questions or need to contact us, please call Barbara Gossett at (949)440-4461. C.-3 Sincerely, UvJ1 Robert F. Joseph, Chief IGRlCommunity Planning Branch c: Terry Pencovic, HQ IGRlCommunity Planning Terri Roberts, OPR "Caltrans improves mobility across California" 75G".39 Comment Letter C California Department of Transportation September 7, 2005 C-1 The submitted comment describes the proposed project. The submitted comment does not raise a specific comment or issue on the DEIR. No response is required. C-2 The submitted comment states that the Caltrans District 12 is a reviewing agency for the project and that they have no comments. The submitted comment does not raise a specific comment or issue on the DEIR. No response is required. C-3 The submitted comment requests that Caltrans be informed of future development projects. The submitted comment does not raise a specific comment or issue on the DEIR. No response is required. 75C,.AO 09/22/2005 15:23 714-557-8344 COMM. & ADU. PLNG. I-'AGo. ~lI~q County of Orange Planning & Development Services Department BR.Y AN 0 SPEEGLE DIRECTOR 300 N FLOv.rER ST, S....NTA ANA, CAW'ORN1A MAILING I'I.Db:R.ESS" P.O. BOX 4048 $ANT ^ A,NA. CA 91702-41)48 NCL 05-035 September 22, 2005 Dan Batt, Environmental Coordinator City of Santa Ana Planrnng & Building Agency 20 Civic Center Plaza Santa Ana., CA 92702 SUBJECT: Focused EIR for the Shea Homes Residential Project Dear Mr. Bot!: Thank you for the opportunity to respond to the above referenced i tern. The County of Orange has reviewed the Focused Environmental Impact Report (FEIR) and has comments regarding water quality provided in Attachment I. If you have any questions, please contact Charlotte Harryman at (714) 834-2522. '(k Ronald L. Tippets, Chief Environmental Planning Division Attachment I 75G".41 09/22/2005 15:23 7l~-557-83~~ COMM. & ADU. PLNG. PAGE 02/0~ ArrAdHMENT1 In response to your request for input on the subject .project. Environmental Resources has reviewed the document. It Is reCXlmmended that the following issues be addressed in the DElR: ,. 1) The water quality impacts of tho project should be evaluated in accordance with the provisions ouUlned in Exhibit 7-1 of the 2003 Countywide Drainage Area Managomerrt Plan (DAMP). At a minimum, the following information should be provided: . . . . V 1:: ~ a) A. desaiplion of project charactoristics with respect to water quality issues. such as project Site. ioc3tl6ii'jnagrven watershed, site acreagJ!. dJ8ngeJn'.ilI3~ · . im~.surfac9 ~rea, and BMPsto be incorporated into the. projectoesigo_ .. b) A ravlew ofDAMP Exhiblt7.1 Table 7-1.1. Priority Projects Categories. Projects thai fall inlo one of these calegories should be carefully I'llviewed for potenlial 1) 1- 13 r _ . stormwaterlurtlan runoff impacts. 0) Identification of receiving watenl. The EIR should identify alliecerving w.JferS"'n - -~. . that may receive runoff from the project site. ,v -1-- C- d) A desaiption of thell9llSilivity of the receiving watern. In particular theEIR should Identify Areas of Special Biological Significance, water bodies with T otalt' t1 - D Maximum Daily Loads (TMDLs), 303(d) listed impaired water bodies. !.I J<..:' e) A characterization of the potential water quality Impacts from the proposoo project and identification of the anticipated pollutants to be generated by the I' 1 _ ~ project. .Y .+: V f) An identification of hydrologic conditions of concern, such as runoff volume anO velocjty; reduced infiltration, and inc:mased flow, frequency, duration, and peak.fl( 1- .c stann runoff. . \ j) f g) An assessment of project impad significance 10 watar quality. ]) ::k- C:> h) An evaluation of thresholds of Significance. - - ])~lt ~ 7 SCr42 09/22/2005 15:23 714-557-8344 COMM. & ADU. PLNG. PAGE 03/04 , i) If a proposed project has the potential to create a major new stormwater discharge' 10 a water body with an establlshod TMDL, the EIR should consider .p .1-:r. quantitative analysis of the anticipated pollutant loads in the stonnwater discharges to the mooiving waters. j~ A reasonable analysis of the O.Imulalive impacts of the proposed project togethel:;-.. with past, present and reasonably anticipated future projects (related projects) I) 1:- ~ that could produce cumulative impacts with the proposed project 2) ~mplemantabon of pOSI-construcbo~"l:tanagemant Practices (BMPs) cons~t with the Water Quality Management Plan (WQMP) program in Section 7 and Exhibit 7-11 of the 2003 Countywide DAMP. This includes desaibing commilmerrts to ~~~~a:;s~n~~~te~:n~~;~~~I::~c;~~~::n~~;~ D z.. Program. Under the new Municipal Stormwater NPDES permit and the rom tiA~P, this project will be COIlSidered a priority project and wHI require appropriately sized lrBatment ronlrol BMPs to be included in the WQMP. - 3) Mitigation for the construction phase of the project should Include compRance with the Stale General ConsIructlon Permit and the Inclusion of the following as general or specific notBs on project plan sheets: D3 " . <I) Sediment from areas disturbed by conslruclion shaD be.retaill8d'OIl.site using . sirud1.iral controls to the maximum exlent pr.ICtiqI~(e. . ,: .. . '. b).: S~;Ies'of sail shall be properly contained fb eIiInlRate nMeduafsedll)19Ot lrtillspClI't"from the site to the struets, drainage of hlcl!illes'or"adjacentpropertles via runoff, vehicle'lmcJdng, or wind. '. c) Appropriate BMPs for cons1ruction--related matertals, wastes, spills or residues shall be implelTl9nted to mlnlmlze transport from the site 10 sImets, drainage facilities. or adjoining properties by wind or runoff. , d) Ruoofl from equipment and vehtde _hlll!:l shall be contained at oons1rudlon sites unless treated to reduce or remove sediment and other pollutants. e) All construction coolmclDr and subcontractor personnel are to:be made aware of the required best management practices and good housekeeping measures fur the project site and any associaled construction staging areas. t) At the end of each day of coostruction activity all construction debris and waste materials shall be collected and property disposed In trash or recyde bins. g) Conslruction sites shall be maIntained In such a condition that a stonn does not cany wastes or pollutants off the site. Dischargers other than stonnwater (non- slormwater discharges) are authorized under California's General Pennit for 75Cr43 09/22/2005 15:23 714-557-8344 COMM. & ADU. PLNG. PAGE 04/04 Storm Water D\schaJyes Associated with Construdion Activity only where they do not cause or contribute to a violation of any watllr quality standard and are controlled through implementation of appropriate BMPs for elimination or reduction of pollutants. Non-stormwater discharges must be eliminated or reduced to the extent feasible. Potential poIlutanlB include but 31"8 not limited to: soIld or liquid dlemical spills; wastes from paints, stains, sealants, solvents, detergents. glues, rllTl8, pesticides, 1::\ 3 herblddes, furtilizllfs, wood preservatives. and asbestos fibels. p:aint flakes or Y stuoco fr3gmenls; fuels. oils, lubricants and hydraulic, radiator or baII.ery fluids; conaute and reIatBd cutting or curing residues; floatable wastes. wastes from any Mg!Qe!8gulpntlQt ste3Jn cleaning or chemical degl'83Sing: wastes from slre6lcleanIng;anll<$Jperchlorln3ted potable water line flushing and testing. During c::onslJudion, disposal of such m3terials should occur in a specified and controlled temporary area on-site physically separated from potential stormwater runoff. with ullimale disposal in accordance with local, stale and fUdelal requlrements_ h) Discharging conIamioated groundwilter produced by d_dtt.,ii.g groundwater . thathas 1"lIIhdttodlnto construction silo is prohibited. . [)i!rqlarging of .' . , . ~~vta surface erosion is also ~)~~ofnon- .;;'.'~i'".u;dlJ,~'pid';';"W prOduced by d8~H.g.~~;.:.'$;e~1 . . ",:' PnDl/IBi1t Dkb8~elmlnalion System (NP~) ~it tom tI:l8 ~^"a .: . .. R8g~rWaterQl:i8lily'conb'Ol Board. . '.( :,.". ....... . .H~' ".,:: .: " " 7 SCn44 Comment Letter D County of Orange September 22, 2005 Comment DI-A The submitted comment requests the Draft Environmental Impact Report (DEIR) provide a description of the project characteristics. Section 3.0 of the DEIR provides a description of the project site and the proposed project. Section 4.9 of the DEIR addresses drainage and water quality issues associated with the implementation of the proposed project. The following infonnation has been provided to supplement the project characteristics provided in the DEIR. The project site is located within the Lower Santa Ana River Watershed. The project site consists of 9 .IS-acres and was the former location of an office use and parking lot. The project site has been recycled and is currently undeveloped. The majority of the project site currently consists of pervious surfaces. The project site would be developed with residential uses and would consist of more pervious surfaces than the former office use on the project site. A total of 6.3 I-acres of the project site would consist of residential lots, .9 I-acres would consist of open space and 1.9 6-acres would consist of roadways. Comment DI-B The submitted comment references that priority projects identified in the Drainage Area Management Plan should be reviewed for potential storm water/urban runoff impacts. Through the City's development review process, the proposed project has been recognized as a priority project. The potential water quality impacts associated with the implementation of the proposed project are evaluated in the DEIR. As shown on Page 23 ofthe DEIR, to mitigate potential water quality impacts associated with storm water/urban runoff generated by the proposed project, the following mitigations measures would be implemented: WQ-I Prior to the issuance of grading permits, the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the Storm Water Pollution Prevention Plan. WQ-2 Prior to issuance of grading permits the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site design, Structural Source Control and treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. 75~45 WQ-3 Prior to the issuance of grading permits the project developer shall provide two copies of the Water Quality Management Plan that include the following: I. Site Assessment 2. Site Design BMPs 3. Applicable Routine Source Control BMPs 4. Selection and sizing of the Treatment Control BMPs 5. Mechanisms by which funding for long-tenn operation and maintenance of Structural BMPs will be provided 6. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable Structural BMPs, and to identifY the entity in charge of implementation Comment DI-C The submitted comment requests that the DEIR identifY receiving waters that may receive runoff from the project site. Page 22 of the DEIR identifies that runofffrom the project site would drain by sheet flow along Farmers Drive and Orange Road before entering into the local storm drain system. The local storm drain system would convey flows into Santiago Creek and then to the Santa Ana River before ultimately discharging into the Pacific Ocean. Comment DI-D The submitted comment requests that the DEIR identifY the sensitivity of receiving waters. Page 22 ofthe DEIR identifies that the mouth of the Santa Ana River at the Pacific Ocean is an impaired water body. Comment DI-E The submitted comment requests that the DEIR characterize the potential water quality impacts associated with the proposed project. Page 23 of the DEIR identifies that the primary concern for water quality pollutants associated with the operation of the proposed project would be from urban runoff. Urban runoff is defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since urban runoff originates in the street, it commonly contains many common pollutants found in streets such as oil and grease and sediment. Additionally, adverse water quality impacts could occur from rain events when sediment, grease and oil on roadways and parking lots are flushed into the local storm drain system. Additionally, the DEIR identifies that during construction 75~46 operations there is the potential that surface water generated from the project site could be degraded. Comment DI-F The submitted comment requests that the DEIR identify the hydrologic conditions on the project site. The following discussion is from Page 24 and 25 of the DEIR, discussing the hydrologic condition on the project site. The project site is relatively flat. Prior to the demolition of the project site, the majority of the site was covered by an asphalt parking lot. Approximately 60% of the project site drained in a north to south direction, by sheet flow along Farmers Drive, before entering an existing storm drain, at the corner of Memory Lane and Flower Street. The existing storm drain is tributary to Santiago Creek just upstream ofthe Santa Ana River. The 25- year discharge at the limit of the property was approximately 14.33 cfs. The 100-year peak discharge was approximately 18.68 cfs. The remaining 40% of the project site drained in a south to north direction onto Orange Road. The 25-year discharge was 8.15 cfs and the I DO-year discharge is 10.68 cfs. The proposed project would maintain the existing flow paths, and would not alter existing drainage areas tributary to the Santiago Creek or the Santa Ana River. Implementation of the proposed project would result in a reduction of peak discharges during the 25- Year and I 00- Year events compared to the previous condition on the project site. Along Farmers Drive the 25-Year discharge would be approximately 13.43 cfs and the lOa-Year discharge would be approximately 17 .61 cfs. Along Orange Road the 25- Year discharge would be approximately 6.11 cfs and the laO-Year discharge would be approximately 8.09. The reduction in discharge would be due primarily to the increase of pervious surfaces provided on the project site. With this condition, there would be a 6% reduction of peak flows discharged to Farmers Drive and a 25% reduction of peak flows to the intersection of Flower Street and Orange Road. Comment DI-G The submitted comment requests that the DEIR provide an assessment of the significance of water quality impacts associated with the proposed project. Page 23 of the DEIR identifies the water quality impacts as potentially significant and that to reduce potential short-term construction related water quality impacts and long- term operational water quality impacts to a level that would be less than significant, Mitigation Measures WQ- 1, WQ-2 and WQ-3 shall be implemented. Comment DI-H The submitted comment requests an evaluation of threshold of significance to determine potential water quality impacts. 75Co,47 Page 21 and 22 of the DEIR identifies the threshold of significance used to determine potentially significant water quality impacts. The thresholds of significance are from the City of Santa Ana CEQA Checklist and are based on the CEQA Checklist provided in Appendix G of the CEQA Guidelines. Comment Dl-1 The submitted comment states that if a project has the potential to create a major new storm water discharge, the DEIR should consider a quantitative analysis of the anticipated pollutant loads in the storm water discharges to the receiving waters. Page 24 of the DEIR identifies that along Farmers Drive, the 25-Year discharge would be approximately 13.43 cfs and the 100-Year discharge would be approximately 17.61 cfs. Along Orange Road the 25- Year discharge would be approximately 6.1 I cfs and the 100- Year discharge would be approximately 8.09. These flows are a reduction compared to the hydrologic conditions on the project site generated from the former office use on the project site. The reduction in discharge would be due primarily to the increase of pervious surfaces provided on the project site. With this condition, there would be a 6% reduction of peak flows discharged to Farmers Drive and a 25% reduction of peak flows to the intersection of Flower Street and Orange Road. The peak flows from the project are not considered a major new storm water discharge. To mitigate potential water quality impacts associated with storm water runoff generated from the project site, Mitigation Measures WQ-l, WQ-2 and WQ-3 would be implemented. Comment DI-J The submitted comment requests that cumulative impacts of the project with other projects be considered in the DEIR The project site is located within an area that is essentially built out. There are no other proposed projects in the vicinity of the project that would contribute cumulative water quality impacts. Page 22 and 23 of the DEIR does identifY that storm water flows from the project site along with other areas in the City would drain into Santiago Creek, Santa Ana River and the Pacific Ocean and that the proposed project could contribute potential water quality impacts to the receiving waters. Mitigation Measures WQ-l, WQ-2 and WQ-3 have been identified in the DEIR to mitigate potential water quality impacts to the receiving waters. Comment D2 The submitted comment states that Post-Construction Best Management Practices should be consistent with the County of Orange Drainage Area Management Plan. Mitigation Measure WQ-2 on Page 23 of the DEIR requires that the project surface drainage plan depict all applicable Site Design, Structural Source Control and Treatment 75Gn.48 Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan. Comment D3 The submitted comment states that the construction phase of the project should include compliance with the State General Construction Permit. Mitigation Measure WQ-l on Page 23 of the DEIR requires the project developer to show proof of coverage under the NPDES State General Construction Activity Storm Water Permit and submittal of a Stonn Water Pollution Prevention Plan. 7 SCoT49 Arnold Schwarzenegger Governor S TAT E OF C A L I FOR N I A Governor's Office of Planning and Research State Clearinghouse and Planning Unit ~OFl'lAtt""/.t .""~~~' .~ 1 * ~ ffi ...-. Ni ~.,"~.!J "'}: ~"" "ftfOFCAtlfG Sean Walsh' Director Seplember 22, 2005 Dan Batt City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Subject: Shea Development SCH#: 2005041176 f)p::lr f1::1n Hoff- . The State Clearinghouse submitted the above named Draft EIR to selected state agencies for review. The review period closed on September 21, 2005, and no state agencies submitted comments by that date. This \ letter acknowledges that you have comphed with the State Clearinghouse review requirements for draft 6.. ' environmental documents, pursuant to the California Environmental Quahty Act. V Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, ~s~.~ Director, State Clearinghouse RECEIVED SEP 2 8 Z005 SANTA ANA PLANNING DEPT 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL (916) 445-0613 FAX (916) 323-3018 WWW.opr.ca.gov 75CnSO Document Details Report State Clearinghouse Data Base SCH# Project Title Lead Agency 2005041176 Shea Development Santa Ana, City of Type EIR Draft EIR Description Proposed project involves the development of 36 single family homes. Lead Agency Contact Name Dan Bolt Agency City of Santa Ana Phone (714) 667-2719 email Address City Fax 20 Civic Center Plaza Santa Ana State CA Zip 92702 Project Location County Orange City Santa Ana Region Cross Streets Flower Street 1 Memory Lane Parcel No. Township Range . Section Base Proximity to: Highways 1-5 Airports John Wayne Airport Railways W<lterways Schools Land Use Currently land use is vacant and zoned for single-family residenlialland uses. Project Issues AestheticNisual; Air Quality; Noise; Toxic/Hazardous Reviewing Agencies Resources Agency; Regional Waler Quality Control Board, Region 8; Department of Parks and Recreation; Native American Heritage Commission; Department of Health Services; Department of Fish and Game, Region 5; Department of Water Resources; California Highway Patrol; Caltrans, District 12; Caltrans, Division of Aeronautics Date Received 08/08/2005 Start of Review 08/0812005 End of Review 09/21/2005 Note: Blanks in data fields result Z~ij information provided by lead agency. Comment Letter E California State Clearinghouse September 22, 2005 E-l The submitted comment acknowledges that the public review period for the DEIR closed and that no State agencies have submitted comments. Additionally, the submitted comment states that the DEIR was prepared in accordance with the California Environmental Quality Act. No response is required. 7 SCi52 APPENDIX A NOTICE OF AVAILABILITY 75.Cr4i3 NOTICE OF AVAILABILITY DRAFT FOCUSED ENVIRONMENTAL IMPACT REPORT Project Title: Shea Homes Residential Project Project Location: 2800 North Farmers Drive Lead Agency: City of Santa Ana Project Snmmary: The Shea Homes Residential Development Project invoives the development of a 36-nnit single-family subdivision. The proposed project would be a low-density residential development with a gross density of 6 dwelling units per acre. The lot sizes for the project would range from 6,030 sq. ft. to l3,042-sq.ft. A 3,084-sq. ft. open space lot is proposed along the western end of the project site. A landscape program has been proposed along project streets to enhance the aesthetic appearance of the residential community. A twenty-foot high sound wall is proposed along the northeastern boundary of the property to further reduce noise impacts on the project site. The proposed souud wall would be located south west of the existing Cal Trans souud wall along 1-5. Approximately 15 feet of area would be provided between the existing Cal Trans sound wall and the proposed sound wall. With the inclusion of mitigation measures to reduce potential impacts, the Draft Focused ErR concludes that the project would result in less than significant impacts to: aesthetics, air quality, cultural resources, geology, water quality, hydrology, hazards, and interior living noise impacts. The Draft EIR also concludes that the project would result in significant and unavoidable impacts in regards to exterior living area noise impacts. The site is not listed on any hazardous material sites detailed in Section 65962.5 of the Government Code. Public Review Period: The Draft Focused EIR has been prepared in compliance with the California Environmental Quality Act (CEQA) Public Resources Code 21000 et seq. The Draft Focused EIR and all referenced documents will be available for review at the following address during normal business hours: City of Santa Ana Planning Division 20 Civic Center Plaza Santa Ana, California 92702 The Draft Focused ErR will also be available for review at the following address during normal business hours: City of Santa Aua Library 26 Civic Center Plaza Santa Ana, California 92702 Written comments on the Draft Focused EIR should be addressed to: Mr. Dan Bott, Environmental Coordinator City of Santa Ana Planning Department P. O. Box 1988 Santa Ana, California 90262 dbott@ci.santa-aDa.ca.us (714) 667-2719 The review period for the Draft Focused EIR is from August 9, 2005 through September 22,2005. All comments on the Draft Focused EIR must be received by 5:00 p.m. on September 22,2005. A public hearing with the Santa Ana Planning Commission has been scheduled for August 22,2005 to receive comments from the public. The meeting will be held at the City Council Chambers at 22 Civic Center Plaza. Please contact the City of Santa Ana for the time of the meeting. 75.Crli4 APPENDIX B AUGUST 22, 2005 PLANNING COMMISSION MINUTES 75c'T65 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA August 22, 2005 CALL TO ORDER: 5:06 P.M. CITY HALL ROSS ANNEX CONFERENCE 1600 20 CIVIC CENTER PLAZA D' J ATTENDANCE: COMMISSIONERS PRESENT: Don Cribb Harvey De La Torre James Gartner (arrived 5:19 p.m.) Christopher Leo, Vice Chairman Tom Lutz Glenn Mondo, Chairman Alexander Nalle STAFF PRESENT: Jay Trevino, Ex. Dir., Pian. & Bldg. Agency Ben Kaufman, Chief Assistant City Attorney Karen Haluza, Principal Pianner Martha Ramirez, Recording Secretary CONSENT CALENDAR MOTION: Appro~e staff recommendations on the following Consent Calendar. o MOTION: Nalle VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Cribb Cribb, De La Torre, Leo, Lutz, Mondo, Nalle (6) None (0) None (0) Gartner (1) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of Juiy 25, 2005. Approve the minutes of the regular meeting of August 8, 2005. Commissioner Leo abstained on the Minutes of August 8, 2005. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the August 8, 2005 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Piaza on August 5, 2005 at 3:39 p.m. n : i l._ RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. C. MINOR EXCEPTION NO. 2005-07 . Filed by Adam Gandara to allow the construction of a front yard fence with the height and width of vertical elements larger than allowed by the zoning code in the single family residential (R1) zoning district at 211 South Ross Street. RECOMMENDATION: Receive and file the staff report approving Minor Exception No. 2005-07. Planning Commission Minutes -1.- 7 5~Sttst 22,2005 4. AMENDMENT APPLICATION NO. 2005-03 AND TENTATIVE PARCEL MAP NO. 2005-09 (COUNTY MAP NO.2002-14~) Filed by Tu Van Nguyen who is requesting an amendment application to change the zoning designation from Community Commercial (C1) to Single Family Residential (R1) and a tentative parcel map to subdivide the property into two parcels at 606 South Euclid Street. n PUBLISHED IN THE ORANGE COUNTY REPORTER: PUBLICLY NOTICED: August 12, 2005 August 12, 2005 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-138. 2. Adopt an ordinance approving Amendment Application No. 2005-03. 3. Adopt a resolution approving Tentative Parcel Map No. 2005-09 (County Map No. 2002-144) as conditioned. Associate Planner Ann Ni presented the staff report and recommendation. Commission discussed the need to have landscaping that is commensurate with scale and massing of the buildings and responds to the project's location on a major arterial street. The public hearing was opened. Representing the developer, Thomas Childress commented on the two projects to the north facing the street. n L.I The public hearing was closed. MOTION: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-138. 2. Adopt an ordinance approving Amendment Application No. 2005-03. 3. Adopt a resolution approving Tentative Parcel Map No. 2005-09 (County Map No. 2002-144) as conditioned. 4. Two additional trees, 15-gallon in size, shall be planted within the front yard setback area at the applicant's consent and subject to the Planning Manager's approval. MOTION: Cribb VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Lutz Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) None (0) . None (0) None (0) 5. DRAFT ENVIRONMENTAL IMPACT REPORT NO. 2005-01 r-, , I li Filed by the City of Santa Ana to receive public comments on the Draft Environmental Impact Report for a residential deveiopment by Shea Homes at 2800 North Farmers Drive In the Single Family Residential (R1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: PUBLICLY NOTICED: August 12, 2005 August 12, 2005 RECOMMENDATION: Receive and file public comments on Draft Environmental impact Report No. 2005-01. Planning Commission Minutes - 13- 7 Se,..i'rst 22, 2005 Commissioner Nalle disclosed he held conversations with representatives from Shea Homes. Assistant Planner Lucy Unnaus presented the staff report and recommendation. The public hearing was opened. o Dave Hoen spoke in support of the project and indicated preference that the development not be gated. The public hearing was closed. MOTION: Receive and file public comments on Draft Environmental Impact Report No. 2005-01. Vice Chair Leo recommended that trees be pianted to create a privacy buffer for adjacent single family homes and that existing jet fuel line be monitored for safety. Mr. Kaufman provided additional information on jet fuel line. MOTION: VOTE: Nalle AYES: NOES: ABSTAIN: ABSENT: SECOND: Mondo Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) None (0) None (0) None (0) 7. Public Comments (for items not on the agenda) n u Gien Stroud thanked Chairman Mondo for his services to this Commission and dedication to the Planning Commission and the community. STAFF AND COMMISSION COMMENTS 8. Staff Comments Mr. Trevino thanked Chairman Mondo for his service and leadership on the Planning Commission. Mr. Kaufman also expressed his gratitude to Chairman Mondo. 9. PlanninQ Commission Comments Commissioner Lutz . Requested removal of an abandoned car at Western Street, between Second and Third Streets. . Congratulated Julie Stroud for the Morrison Park event held on August 20. . Thanked Chairman Mondo for his many years of service with the City and the Commission. Commissioner Gartner . Thanked Chairman Mondo for his services; mentoring and wished him well. n u Commissioner Nalle . Recommended speed hump and parking restriction enforcement at the New Horizons Neighborhood. Taig Higgins indicated that the Traffic Engineering Department will follow up. Mr. Trevino stated that Mr. Ross offered assistance regarding the same issues at a recent neighborhood association meeting. . Requested Code Enforcement inspection at the northeast corner of Santa Clara and Heliotrope where there is a six feet high container in the driveway. . Thanked Chairman Mondo for all his first-rate services to the City and wished him well. Planning Commission Minutes -14- 7 5CnS-8ust 22,2005 APPENDIX C OCTOBER 10, 2005 PLANNING COMMISSION MINUTES 75Cni9 TO BE PROVIDED AFTER OCTOBER 10, 2005 PLANNING COMMISSION HEARING 7 SCniO SHEA HOMES RESIDENTIAL PROJECT MITIGATION MONITORING PROGRAM Mitil!ation Measure Al!ency I Aooroval Prior to Issuance of Gradinl! Permit The proposed proj ect shall incorporate Planning/ architectural elements and landscape Building treatments in and around the sound wall. The proposed treatment shall be approved by the Planning Division prior to issuance of grading permits. Prior to Issuance of grading permits a Planning! construction-level geotechnical report shall Building be submitted for review and approval to the Building Department and/or Public Works Department. The report shall address the potential for seismically induced soil liquefaction and soil instability. Based on the study detailed grading recommendations and foundation design criteria shall be provided. Prior to issuance of grading permits the Public Works project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes a copy of the project's permit issued by the State Water Resource Control Board that identifies the project's permit number and two copies of the Storm Water Pollution Prevention Plan. Prior to issuance of grading permits the Public Works project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site design, Structural Source Control and treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. 7 scrS 1 Prior to the issuance of grading permits the Public Works project developer shall provide two copies of the Water Quality Management Plan that include the following: 1. Site Assessment 2. Site Design BMPs 3. Applicable Routine Source Control BMPs 4. Selection and sizing of the Treatment Control BMPs 5. Mechanisms by which funding for long-term operation and maintenance of Structural BMPs will be provided 6. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable Structural BMPs, and to identify the entity in charge of implementation Prior to the issuance of grading permits the project developer shall submit a final run-off evaluation for review and approval showing the existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. Prior to issuance of grading permits the proj ect developer shall submit to the City of Santa Ana Planning Division a letter from the Department of Defense and Ca1Trans that adequate access IS provided to the Department of Defense fuel line and the CalTrans sound wall. Grading Plans and Building Plans for the proposed proj ect shall note that all construction equipment shall be properly maintained and tuned to minimize noise emissions, 75C~2 Public Works Planning! Building Planning! Building construction activity on Sundays or federal holidays. No construction equipment on the project site shall operate including warming up until after 7:00 a.m. Monday through Friday and after 8:00 a.m. on Saturdays. Grading Plans and Building Plans for the Planning! proposed proj ect shall note that all Building construction equipment shall be properly maintained and tuned to minimize noise emISSIOns, Grading Plans and Building Plans for the Planning! proposed project shall note that all Building equipment shall be fitted with properly operating mufflers and air intake silencers. The building plans for the proposed proj ect Planning! shall reflect a 20- foot noise wall along the Building northeastern boundary ofthe proj ect a site. The noise wall shall have a surface density of at least 3.5 pounds per square foot and shall no openings or gaps. The noise wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch Plexiglas, any masonry material, or a combination of these materials. Building plans for all residential units shall Planning! reflect the following construction details; Building . The roof/ceiling assembly shall incorporate concrete or composition tiles on the exterior and a minimum Yz" gypsum drywall on the interior surface of the living area. Roofs shall be sloped and attic spaces shall be insulated with fiberglass insulation. . Exterior walls shall be wood stud construction with stucco exteriors and a minimum 1'2" gypsum drywall on the interior. All exterior walls shall include fiberglass insulation in the stud cavities. . All operable windows shall have a rating of 7 SCMi3 Grading Plans and Building Plans for the proposed project shall note that all equipment shall be fitted with properly operating mufflers and air intake silencers. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans for the proposed project shall reflect the following notes: All material excavated or graded will be sufficiently watered to prevent exceSSlVe amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. Streets surrounding the proj ect site should be cleaned at the end of each day of construction. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. Equipment engines shall be maintained in good condition and m proper tune according to manufacturer's specifications. Planning! Building Planning! Building Mitil!ation Measure Al!ency Prior To Issnance of Buildinl! Permits Building plans for the proposed proj ect shall Planning! reflect that onsite lighting on the proj ect site Building is located in such a manner that the direct rays of the lighting are confined to the property and would not spill over to adj acent residential areas. Grading Plans and Building Plans for the proposed proj ect shall note that construction activities on the project site shall take place between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday and 8:00 a.m. to 8:00 p.m. on Saturdays and no 7~64 ADDroval Planning! Building STC-24. All fixed windows shall have a rating of STC-28. . All entry doors shall have a rating of STC- 28. The building plans for the Traditions Plan 2 Planning! on Lots 10, 22 and 27 shall reflect the Building following construction details: . The Retreat shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-26 or STC-28. . The Library shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC 35. All fixed windows shall have a rating ofEWNR-36 or STC-40. All entry doors shall have a rating ofEWNR-29 or STC-32. . Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating ofSTC EWNR-32 or STC-35. All fixed windows shall have a rating of EWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. The building plans for the Renaissance Plan Planning! 3 on Lots 11,23, and 26 shall reflect the Building following construction details: . The Retreat shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-26 or STC-28. . Bedroom 2 shall be installed with attic baffles. All operable windows shall have a rating ofSTC EWNR-32 or STC-35. All fixed windows shall have a rating of EWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. . Bedroom 3 shall be installed with attic 75~65 baffles. All operable windows shall have a rating of STC EWNR-32 or STC-35. All fixed windows shall have a rating of EWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. The building plans shall reflect that Planning! mechanical ventilation shall be provided for Building residential units located on residential Lots 6,7,8,9, I~ II, 12, 13, 14, 15, 19,20,21, 22,23,24,25,26,27,28,29,30. Prior To Recordation Of Final Subdivision Maos Miti2ation Measure A!!encv Aooroval Prior to the recordation of final subdivision Planning! maps, a special disclosure statement of the Building presence of the jet fuel line is required to be provided on subdivision maps and deeds for the proj ect. Prior To Buildin2 AUT roval Miti2ation Measure A2encv Aooroval Prior to Building Approval, the project Planning! developer, at their sole expense, shall Building conduct a noise monitoring analysis to ensure that the residential units on Residential Lots 10, 11,22,23,26 and 27 achieve an interior noise level of 45 CNEL. Prior to Building Approval occupancy, a Planning/Building disclosure statement on the risks and potential exposure to Particulate Diesel Matter shall be provided on all final subdivision maps grant deeds for the project. Prior to and Durin!! Construction Miti2ation Measure A2encv Aooroval In the event unknown cultural resources are Planning! encountered, all earthwork activities in the Building area of the finding shall halt and the City of Santa Ana Environmental Coordinator shall be contacted for appropriate action. During construction operations near the jet fuel pipeline, a representative from the Planning! Department of Defense shall be present to Building: 7SG,t.66 monitor construction activities to ensure that no damage occurs to the jet fuel pipeline. Prior to commencement of construction activities, the proj ect developer shall identify to the City a construction relation officer to act as a community liaison concerning onsite construction activity impacts. The name and phone number of the construction relation officer shall be posted on the proj ect site. 75GM67 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, FINDINGS AND APPROVALS FOR THE SHEA HOMES RESIDENTIAL PROJECT 1.0 CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT Pursuant to California Code of Regulations (CCR), Title 14, Section 15090, the City of Santa Ana hereby certifies the Final Environmental Impact Report EIR-2005-01, State Clearinghouse No. 2005041176 for the Shea Homes Residential Project. The Final EIR was completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq and the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq. The City certifies that it has been presented with the Final EIR and that it has reviewed and considered the information in the Final EIR prior to approving the Shea Homes Residential Project, as set forth herein. The City further certifies that the Final EIR reflects the independent judgment and analysis of the City of Santa Ana. The Final EIR consists of the Draft EIR, the Responses to Comments Report and the project Mitigation Monitoring Program (MMP). 2.0 FINDINGS Having received, reviewed and considered the information in the record before it, including the Final EIR, which is hereby incorporated by reference, the following Findings are hereby adopted by the City as required by CEQA (specifically, CCR, Title 14, Sections 15091 through 15093) in conjunction with the approval of the project, which is set forth below. The City is the Lead Agency for the environmental documentation for the project evaluated in the Final EIR. Based on the substantial evidence in the record before it, the City finds that the Draft and Final EIRs were prepared in compliance with CEQA and the CEQA Guidelines. The City finds that it has independently reviewed and analyzed the Draft EIR and the Final EIR for the Shea Homes Residential Project, that the Draft EIR which was circulated for public review reflected its independent judgment and that the Final EIR reflects the independent judgment of the City. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of the adoption of these Findings, concerning the potential environmental impacts identified and analyzed in the Final EIR. In addition, the City has reviewed and considered the Mitigation Monitoring Program (MMP) for the project, which is contained in the Final ErR and which describes the process to ensure implementation of the mitigation measures that have been incorporated in the approved project to reduce or avoid significant adverse impacts of the project on the environment. The MMP will ensure CEQA compliance during project implementation. 3.0 ENVIRONMENTAL REVIEW PROCESS 3.1 PROJECT BACKGROUND AND OBJECTIVES The Shea Homes Residential Project site is located at 2800 North Fanners Drive within the northeastern part of the City of Santa Ana, Orange County California. The project site is bounded by the Santa Ana Freeway to the north and Fanners Drive to the west. Page 1 75~8 Shea Homes Residential Project Environmentallmpact Report Findings and Facts in Support of Findings The proposed project involves the development of 36 single family dwellings. The objectives for the Shea Homes Residential Project are to: . To provide additional single family detached housing opportunities in the northeastern area of the City of Santa Ana. . Provide a residential community that would be compatible in scale and design with existing residential uses in the project area. . To provide a planned community oflarge single family homes on large lots. . To provide infill housing opportunities on one of the last remaining vacant parcels in the City. The City of Santa Ana is the Lead Agency for the EIR, as defined by Section 21067 ofCEQA. The City of Santa Ana has determined that the EIR is requITed for the Shea Homes Residential Project pursuant to Section 15063 of the CEQA Guidelines to assess the potential impacts resulting from approval of the project and other discretionary actions necessary for its implementation. This EIR is intended to serve as a project EIR for the Shea Homes Residential Project Tentative Tract Map approval and other related implementation actions. To implement the project, the City and/or other public agencies may consider various actions, permits and approvals. Other agencies may also consider the EIR in the review of proj ect permits or other actions. The potential actions, permits and approvals for the proposed project are anticipated to include the following: . Zone Change to Specific Development (SD) Zone. . Compliance with California Subdivision Map Act and approval TentativeIFinal Tract Maps 3.2 DRAFT ENVIRONMENTAL IMPACT REPORT 3.2.1 Initial Study and Notice of Preparation The City of Santa Ana distributed a Notice of Preparation (NOP) of an EIR and an Initial Study (IS) for the Shea Homes Residential project on June 1, 2005 for a 30-day review period. The NOP/IS was distributed to the State Clearinghouse Office of Planning and Research, public agencies, neighborhood associations and other interested parties in the project area. The NOP/IS is provided in Appendix A of the Draft EIR. The City of Santa Ana received two written responses to the NOP. Copies of these comment letters are provided in Appendix A of the Draft EIR. Page 2 75Cr-e9 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings 3.2.2 Draft EIR Circulation of the Draft EIR The City of Santa Ana circulated the Draft ErR for the Shea Homes Residential Project for public review between August 9, 2005 and September 22, 2005. The Responses to Comments Report (RTC) documents the public review and comment period for the Draft EIR. The Notice of Availability (NOA) for the Draft EIR is provided in Appendix A of the RTC Report. The NOA was published in the Orange County Register on August 9, 2005, and filed with the Orange County Clerk. Written Comments The written comments received on the Draft EIR included comment letters and written comments provided to the Planning Commission during the public hearing. Written comments on the Draft EIR for the Shea Homes Residential Project were received from the following: . Southern California Association of Governments . Orange County Sanitation District . California Department of Transportation . County of Orange Planning Commission Public Hearing A public hearing was held on the Draft EIR for the Shea Homes Residential Project as part of the regularly scheduled August 22, 2005 City of Santa Ana Planning Commission meeting. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to receive public comments on the Draft EIR. The minutes from the public hearing is provided in Appendix B of the RTC Report. Second Planning Commission Public Hearing A second public hearing with the Santa Ana Planning Commission was held on the Final EIR for the Shea Homes Residential Project on October 10, 2005. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to review response to comments on the Draft EIR and to receive additional public comments on the Draft EIR. There were no additional comments raised by the public on the Final EIR. At the conclusion of the meeting, the Santa Ana Planning Commission recommended the City Council certify the Final EIR for the Shea Homes Residential project. The minutes from the public hearing is provided in Appendix C of the RTC Report. Page 3 75CHl70 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings Written Responses to Written Comments The City evaluated the comments on environmental issues received from persons who reviewed the Draft ElR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised in these comments. As required by CEQA, the City has provided to each of the public agencies that commented on the Draft EIR responses to the comments received from that agency at least ten days prior to the certification of the Final EIR. The Final EIR provided adequate, good faith and reasoned responses to the comments. Pursuant to Section 15088.5 of the CEQA Guidelines, a lead agency is required to recirculate an EIR when significant new information is added to the EIR after the Notice of Availability is given, but before certification. The term "new information" specifically includes: (i) Changes to the project, (ii) Changes in the environmental setting or (iii)Additional new data or other information. Section 15088.5 of the CEQA Guidelines further provides that".. .new information added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." The City has reviewed the comments received on the Draft EIR and the responses to those comments as well as other text changes and references that have been incorporated into the Final EIR. Since the release of the Draft EIR for public review, there have been no changes to the project; no changes in the environmental setting; and no additional data or information were added to the EIR which would deprive the public of a meaningful opportunity to comment on the project. Therefore, having reviewed the information contained in the Draft and Final EIRs and in the administrative record, as well as the requirements under Section 15088.5 of the CEQA Guidelines regarding recirculation of Draft EIR, the City hereby finds that there is no new significant information and no need to recirculate the Draft EIR. Therefore, the Final EIR has been prepared and considered by the City. 3.3 FINAL ENVIRONMENTAL IMPACT REPORT The City has prepared a Final EIR for the Shea Homes Residential Project. In accordance with the requirements of CEQA and the CEQA Guidelines, the Final EIR consists of: (a) The Draft EIR; (b) Clarifications, Comments and recommendations received on the Draft EIR, provided in the RTC Report; (c) A list of persons, organizations and public agencies commenting on the Draft EIR, provided in the RTC Report; Page 4 7 SCMi 1 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings (d) The City's responses to the comments received on the Draft EIR, provided in the RTC Report; (e) The Final MMP and (f) Other information added by the City, including all documents incorporated by reference. 4.0 PROJECT IMPACTS AND DISPOSITION OF RELATED MITGATION MEASURES IDENTIFIED IN THE FINAL EIR The analysis in the Final EIR identifies all the significant adverse environmental impacts of the Shea Homes Residential Project. All the mitigation measures identified in the Final EIR are included in the project approval and are made conditions of the Shea Homes Residential Project. The following Findings are made with respect to each significant adverse environmental impact of the Shea Homes Residential Project. In addition, the following Findings provide a description of the potential adverse impacts of the project and the mitigation measures in support of the Findings. Potentially significant adverse impacts of a project can be divided into two categories: . Potentially significant adverse impacts which can be partially mitigated, but not to below a level of significance. As described later in these Findings, the Shea Homes Residential Project would result in significant adverse impacts, which cannot be mitigated to below a level of significance. . Potentially significant adverse impacts, which can be mitigated to below a level of significance, based on implementation of identified project enhancement measures, project mitigation measures and/or City of Santa Ana standard conditions of approval. For each potentially significant adverse impact of the Shea Homes Residential Project, one of the following findings must be made, including the provision of facts supporting each finding: . Mitigation measures have been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. . Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. . Specific economic, legal, social, technological or other considerations make infeasible the mitigation measures or proj ect alternatives identified in the Final EIR. 4.1 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE SHEA HOMES RESIDENTIAL PROJECT, WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Page 5 75C~2 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings Potentially significant adverse impacts of the Shea Homes Residential Project, which cannot be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentiall y significant adverse impacts of the Shea Homes Residential Project would not be mitigated to below a level of significance, after implementation of the project mitigation measures. A Statement of Overriding Considerations (SOC) has been prepared to address these unavoidable significant adverse impacts of the Shea Homes Residential Project, as described later in Section 7.0 (Statement of Overriding Considerations). 4.1.1 Impacts Related to Exterior Living Area Noise Impacts Potentiallv Significant Adverse Impact Related to Noise Impacts As described in Section 5.3 in the EIR, the Shea Homes Residential Project would be subject to noise impacts exceeding the City's exterior living area noise standard. Finding Related to Noise Impacts Specific economic, legal, social, technological or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR to reduce unavoidable significant impacts to a level that would be less than significant. Facts in Support of the Finding Related to Noise Impacts There are no feasible mitigation measures or project alternatives to reduce the exterior living area noise impacts of the proj ect to a level that would be less than significant. Therefore, the exterior living area noise impacts associated with the Shea Homes Residential Project would be significant and unavoidable. Compliance with the following project mitigation measures would lessen exterior living area noise impacts, but not to a level that would be less than significant. N-4. The building plans for the proposed project shall reflect a 20-foot noise wall along the northeastern boundary of the project a site. The noise wall shall have a surface density of at least 3.5 pounds per square foot and shall no openings or gaps. The noise wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch Plexiglas, any masonry material, or a combination of these materials. 4.2 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE SHEA HOMES RESIDENTIAL PROJECT, WHICH CAN BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the Shea Homes Residential Project, which can be mitigated to below a level of significance are described ip this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the project would be mitigated to below a level of significance, after implementation of the identified project mitigation measures. Page 6 7SG,t.~3 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings 4.2.1 Impacts Related to Aesthetics Potentially Significant Adyerse Aesthetic Impacts The size and mass of the proposed sound wall would result in an adverse aesthetic impact. Findings Related to Aesthetic Impacts A mitigation measure has been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Aesthetic Impacts Implementation of Mitigation Measure A-I below would substantially lessen the adverse aesthetic impacts of the Shea Homes Residential Project related to the proposed sound wall, to a level that would be less than significant. A-I The proposed project shall incorporate architectural elements and landscape treatments in and around the sound wall. The proposed treatment shall be approved by the Planning Division prior to the issuance of grading permits. Level of Significance of Impacts Related to Aesthetic Impacts The adverse impacts ofthe Shea Homes Residential Project related to aesthetic impacts would be mitigated to below a level of significance based on the implementation of Mitigation Measure A-I, provided above. 4.2.1.2 Potentially Significant Adverse Aesthetic Light and Glare Impacts Implementation of the proposed proj ect would introduce new sources oflight and glare into the project area. To minimize light and glare impacts on adjacent land uses, onsite lighting would need to be located so that all direct rays are confined to the project site. To ensure lighting is confined to the project site the following mitigation measure shall be implemented. Findings Related to Aesthetic Light and Glare Impacts A mitigation measure has been incorporated into the proj ect, which avoids or substantially lessens the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Aesthetic Light and Glare Impacts Implementation of Mitigation Measure A-2 below would minimize adverse light and glare impacts of the Shea Homes Residential Project. Page 7 75Ge!74 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings A-2 Building Plans for the proposed project shall reflect that onsite lighting on the project site is located in such a manner that the direct rays ofthe lighting are confined to the property and would not spill over to adj acent residential areas. Level of Significance of Impacts Related to Aesthetic Light and Glare Impacts The adverse impacts of the Shea Homes Residential Project related to aesthetic light and glare impacts would be minimized with the implementation of Mitigation Measure A-2, provided above. 4.2.2 Impacts Related to Impacts to Cultural Resources Even though the project site has been previously graded there is the potential that unknown archaeological resources and/or unknown human remains could be encountered and impacted significantly during grading operations. Findings Related to Cultural Resources A mitigation measure has been incorporated into the project, which avoids, or substantially lessens the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Cultural Resources Implementation of Mitigation Measure C-l would reduce the adverse significant impacts of the Shea Homes Residential Project related to impacts to tmknown cultural resources to a level that would be less than significant. . C-l In the event tmknown cultural resources are encountered, all earthwork activities in the area of the finding shall halt and the City of Santa Ana Environmental coordinator shall be contacted for appropriate action. Level of Significance of Impacts Related to Cultural Resource Impacts The adverse impacts of the Shea Homes Residential Project related to cultural resource impacts would be mitigated to below a level of significance based on the implementation of Mitigation Measure C-l, provided above. 4.2.3 Impacts Related to Impacts to Geology Construction operations associated with the proposed project would involve earthwork activity that could potentially result in erosion impacts. Findings Related to Geologv A mitigation measure has been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Page 8 7 5C,,.~5 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings Facts in Support onhe Finding Related to Geologv Implementation of Mitigation Measure G-l would substantially lessen the adverse impacts of the Shea Homes Residential Proj ect related to erosion impacts to a level that would be less than significant. G-l Prior to issuance of grading permits the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes a copy of the project's permit issued by the State Water Resources Control Board that identifies the project's permit number and two copies of the Storm Water Pollution Prevention Plan. Level of Significance of Impacts Related to Geologv Impacts The adverse impacts of the Shea Homes Residential Project related to geologic impacts would be mitigated to below a level of significance based on the implementation of Mitigation Measure G-l, provided above. 4.2.3. 1 Impacts Related to Impacts to Geology According to the preliminary geotechnical report prepared for the proj ect site, the soil conditions on the project site are suitable for the development of the proposed project. However, a construction-level geotechnical report would be needed to evaluate site specific soil liquefaction constraints, soil conditions, building load requirements and to identify design recommendations to ensure the geotechnical stability of the proj ect site. Findings Related to Geologv A mitigation measure has been incorporated into the project, whicb avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Geologv Implementation of Mitigation Measure G-2 below would substantially lessen the adverse impacts of the Shea Homes Residential Project related to geology impacts to a level that would be less than significant. G-2 Prior to issuance of grading permits a construction-level geotechnical report shall be submitted for review and approval to the Building Department and/or Public Works Agency. The report shall address the potential for seismically induced soil liquefaction and soil instability. Based on the study detailed grading recommendations and foundation design criteria shall be provided. Level of Significance of Impacts Related to Geologv Impacts The adverse impacts of the Shea Homes Residential Project related to geologic impacts would be mitigated to below a level of significance based on the implementation of Mitigation Measure Page 9 75G",7a6 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings G-2, provided above. 4.2.4 Impacts Related to Impacts to Hazards/Hazardous Materials Potentiallv Significant Adverse Impacts Related to Hazards/Hazardous Materials There is slight possibility that the existing underground jet fuel line could become active. As a precaution, future property owners would be disclosed of the fuel line. During construction operations there is the potential that the j et fuel line could be damaged. Findings Related to impacts to Hazards/Hazardous Materials Mitigation measures have been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts Hazards/Hazardous Materials Implementation of Mitigation Measures H-l, H-2 and H-3 provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to HazardslHazardous Materials, and would reduce this potentially significant adverse impact to below a level of significance. H-l During construction operations near the jet fuel pipeline, a representative from the Department of Defense shall be present to monitor construction activities to ensure that no damage occurs to the jet fuel line. H-2 Prior to the recordation of final subdivision maps, a special disclosure statement of the presence of the jet fuel line is required to be provided on subdivision maps and deeds for the project. H-3 Prior to issuance of grading permits the project developer shall submit to the City of Santa Ana planning Division a letter from the Department of Defense and Cal Trans that adequate access is provided to the Department of Defense fuel line and the Cal Trans sound wall. Level of Significance of Impacts Related to Hazards/Hazardous Materials The adverse impacts of the Shea Homes Residential Project related to Hazards/Hazardous Materials would be mitigated to below a level of significance based on the implementation of Mitigation Measures H-l, H-2 and H-3, provided above. 4.2.5 Impacts Related to Impacts to Water Quality Potentiallv Significant Adverse Impacts Related to Water Oualitv Page 10 7 SCrJ7 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings Implementation of the proposed project could potentially result short-term construction related water quality impacts and long-term operational water quality impacts. Findings Related to impacts to Water Oualitv Mitigation measures have been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Impacts to Water Oualitv Implementation of Mitigation Measures WQ-l, WQ-2 and WQ-3 provided below, would substantially lessen the adverse water quality impacts of the Shea Homes Residential Project to a level that would be less than significant. WQ-l Prior to the issuance of grading permits, the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the Storm Water Pollution Prevention Plan. WQ-2 Prior to issuance of grading permits the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation plan. WQ-3 Prior to the issuance of grading permits the project developer shall provide two copies of the Water Quality Management Plan that include the following: (1) Site Assessment (2) Site design BMPs (3) Applicable Routine Source Control BMPs (4) Selection and sizing of Treatment Control BMPs (5) Mechanisms by which funding for long-term operation and maintenance of Structural BMPs will be provided (6) Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable Structural BMPs and to identify the entity in charge of implementation. Level of Significance ofImpacts Related to Water Oualitv The adverse impacts of the Shea Homes Residential Project related to Water Quality would be mitigated to below a level of significance based on the implementation of Mitigation Measures WQ-l, WQ-2 and WQ-3, provided above. 4.2.6 Impacts Related to Impacts to Hydrology Potentiallv Significant Adverse Impacts Related to Hvdrologv Page 11 75C'll78 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings The Public Works Department has preliminary determined that it is feasible that eXlstmg drainage facilities within the project area would be able to provide adequate drainage for the project. If existing drainage facilities are not adequate adverse drainage impacts could occur. Findings Related to Impacts to Hvdrologv A mitigation measure has been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Impacts to Hvdrologv Implementation of Mitigation Measure HY-l provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to hydrology impacts, and would reduce this potentially significant adverse impact to below a level of significance. BY-I Prior to issuance of grading permits the project developer shall submit a final run-off evaluation for review and approval showing the existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. Level ofSignjficance of Impacts Related to Hvdrologv The adverse impacts of the Shea Homes Residential Project related to Hydrology would be mitigated to below a level of significance based on the implementation of Mitigation Measure BY-I, provided above. 4.2.8 Impacts Related to Impacts to Air Quality Potentiallv Significant Adverse Impacts Related to Air Oualitv Implementation of the proposed project would result in less than significant long-term and short- term air quality impacts. However dust impacts from construction operations could be nuisance to nearby residential land uses. Additionally, future residents of the project would be exposed to diesel particulate matter. Findings Related to impacts to Air Oualitv Mitigation measures have been incorporated into the proj ect, which avoid or substantially lessen the project impacts identified in the EIR. Facts in Support of the Finding Related to Impacts to Air Oualitv Implementation of Mitigation Measures AQ-l, AQ-2 and AQ-3 provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to air quality impacts. Page 12 7 ~~r619 Shea Homes Residential Proj ect Environmental Impact Report Findings and Facts in Support of Findings AQ-l To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans for the proposed project shall reflect the following notes: . All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. . All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. . Streets surrounding the project site should be cleaned at the end of each day of construction. . The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. . Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. AQ-2 Prior to the building permit final, a disclosure statement on the risks and potential exposure to Particulate Diesel Matter shall be provided on all final subdivision maps grant deeds for the proj ect. AQ-3 Prior to commencement of construction activities, the proj ect developer shall identify to the City a construction relation officer to act as a community liaison concerning onsite construction activity impacts. The name and phone number of the construction relation officer shall be posted on the project site. Level of Significance of Impacts Related to Air Oualitv The adverse impacts of the Shea Homes Residential Project related to air quality would be minimized based on the implementation of mitigation measure AQ-l, AQ-2 and AQ-3 provided above. 4.2.8 Impacts Related to Interior Living Area Noise Impacts Potentiallv Significant Adverse Noise Impacts Related to Interior Living Areas Implementation of the proposed project would result in interior living areas being significantly impacted with traffic noise. Page 13 75~iaO Shea Homes Residential ProjecI Environmental Impact Report Findings and Facts in Support of Findings Findings Related to Noise Impacts to Interior Living Areas Mitigation measures have been incorporated into the proj ect, which avoid or substantially lessen the project impacts identified in the EIR. Facts in Support of the Finding Related to Noise Impacts to Interior Living Areas Implementation of Mitigation Measures N-5, N-6, N-7, N-8 and N-9 provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to interior living area noise impacts to a level that would be less than significant. N-5. Building plans for all residential units shall reflect the following construction details: . The roof/ceiling assembly shall incorporate concrete or composition tiles on the exterior and a minimum Yz" gypsum drywall on the interior surface of the living area. Roofs shall be sloped and attic spaces shall be insulated with fiberglass insulation. . Exterior walls shall be wood stud construction with stucco exteriors and a minimum 1;2" gypsum drywall on the interior. All exterior walls shall include fiberglass insulation in the stud cavities. . All operable windows shall have a rating of STC-24. All fixed windows shall have a rating of STC-28. . All entry doors shall have a rating of STC-28. N-6. The building plans for the Traditions Plan 2 on Lots 10, 22 and 27 shall reflect the following construction details: . The Retreat shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-26 or STC-28. . The Library shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC 35. All fixed windows shall have a rating ofEWNR-36 or STC-40. All entry doors shall have a rating ofEWNR-29 or STC-32. . Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC-35. All fixed windows shall have a rating ofEWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. N - 7. The building plans for the Renaissance Plan 3 on Lots 11, 23, and 26 shall reflect the following construction details: . The Retreat shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-26 or STC-28. Page 14 7~ia1 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings . Bedroom 2 shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC-35. All fixed windows shall have a rating ofEWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. . Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC-35. All fixed windows shall have a rating ofEWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. N-8 The building plans shall reflect that mechanical ventilation shall be provided for residential units located on residential Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19,20,21, 22,23,24,25,26,27,28,29,30. N-9 Prior to the building permit final for residential lots 10,11,12,22,23,26 and 27, the project developer, at their sole expense, shall conduct a noise monitoring analysis to ensure that the residential units on residential lots 10, 11,22,23,26 and 27 achieve an interior noise level of 45 CNEL. Level of Significance of Impacts Related to Interior Living Area Noise Impacts The adverse impacts of the Shea Homes Residential Project related to air quality would be reduced to a less than significant level with the implementation of Mitigation Measures N-5, N- 6, N-7, N-8 and N-9, provided above. 4.2.9 Impacts Related to Construction Noise Impacts Potentiallv Significant Adverse Impacts Related to Construction Noise Impacts Implementation of the proposed proj ect would result in significant construction noise impacts, if the project does not adhere to the City's Noise Ordinance. Findings Related to Noise Impacts to Construction Noise Impacts Mitigation measures have been incorporated into the project, which avoid or substantially lessen the project impacts identified in the EIR. Facts in Support of the Finding Related to Construction Noise Impacts Implementation of Mitigation Measures N-l, N-2, and N-3, provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to construction noise impacts. N-l Grading Plans and Building Plans for the proposed project shall note that construction activities on the project site shall take place between the hours of7:00 a.m. and 8:00 p.m. Monday through Friday and 8:00 a.m. to 8:00 p.m. on Saturdays and no construction activity on Sundays or federal holidays. No construction equipment on the project site shall Page 15 75oC,ia2 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings operate including warming up until after 7:00 a.m. Monday through Friday and after 8:00 a.m. on Saturdays. N-2 Grading Plans and Building Plans for the proposed project shall note that all construction equipment shall be properly maintained and tuned to minimize noise emissions, N-3 Grading Plans and Building Plans for the proposed project shall note that all equipment shall be fitted with properly operating mufflers and air intake silencers. Level of Significance ofImpacts Related to Construction Noise Impacts The adverse impacts of the Shea Homes Residential Proj ect related to construction noise impacts would be minimized with the implementation of Mitigation Measures N-l, N-2, and N-3, provided above. 4.3 IMPACTS FOUND NOT TO BE SIGNIFICANT OR LESS THAN SIGNIFICANT The City finds that, based on substantial evidence in the record, discussed below, the following impacts associated with the Shea Homes Residential Proj ect are less than significant and no mitigation is required. An Initial Study (IS) was completed at the beginning of the environmental review process for the proposed project, to identify those impacts that could be potentially significant and adverse and which required further study in an EIR. The IS also provided analysis on the environmental impacts of the proj ect that were determined to be less than significant due to the identification and incorporation of mitigation early in the process or based on compliance with existing regulations. The fmdings of the IS are summarized in Section 4.0 (Effects Found Not to be Significant) in the EIR. The EIR and IS determined, based on substantial evidence in the record, that the following effects of the project would have no significant adverse or no adverse impact on the environment. 4.3.1 Aesthetics The project site is situated within an urban setting. According to the City's General Plan, the project site is void of any scenic vistas or scenic resources. Additionally, there are no aesthetic resources located along a State Highway within the vicinity of the project site. Implementation of the proposed project would not result in significant impacts to any scenic vista or scenic resource on the project site. 4.3.2 Agriculture According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site does not contain Unique Farmlands, Prime Farmlands or Farmlands of Statewide Importance. Based on the City's General Plan, the project site is not planned for agricultural uses. Additionally, the project site is not included within any existing Williamson Contracts. A site visit conducted by the City's Environmental Coordinator confirmed the project site Page 16 75oCi>> 3 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings is currently not in agriculture production. Implementation of the proposed project would not result in adverse impacts to any agriculture resources. 4.3.3 Air Quality The operation of the proposed project would not generate objectionable odors to the public. During construction operations some objectionable odors could be emitted from construction equipment. However, the potential odor impacts would be short-term and would be considered less than significant. 4.3.4 Biological Resources The project site is situated within an urban setting. According to the California Department ofFish and Game Natural Diversity Data Base and the City's Updated General Plan Land Use Element EIR, there are no sensitive biological resources located on or within the nearby vicinity of the project site. Implementation of the proposed project would not result in any adverse impacts to any sensitive biological resources. 4.3.5 Cultural Resources The project site is currently vacant and void of any structures. Implementation of the proposed project would not result in significant impacts to any historical structures. According to the City's Updated General Plan Land Use Element EIR, the project site is not located in an area where paleontological resources are known to exist. Given the age and geology of the project area, it is unlikely that unknown paleontological resources would exist on the project site. Implementation of the proposed project would not result in adverse impacts to any paleontological resource. 4.3.6 Geology/Soils According to the geotechnical report prepared in association with previously approved Mitigated Negative Declaration ER 01-24 there are no known active faults or landslides on the project site. Implementation of the proposed project would not increase the risk for ground rupture or landslide impacts. According to the geotechnical report prepared in association with previously approved Mitigated Negative Declaration ER 01-24 the project site does not contain any unique geologic features. The proposed project would connect to existing sewer systems within the project area. No impacts associated with the use of septic tanks or alternative wastewater disposal systems would occur. 4.3.7 Hazards The construction and operation of the proposed project would not involve the emission of hazardous or acutely hazardous materials. Page 17 7~r~4 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings According to previously approved Mitigated Negative Declaration ER 01-24, the project site is not identified as a hazardous material site, pursuant to Section 659662.5 of the Govemment Code. Implementation of the project would not create a significant hazard to the public or the environment. According to the Orange County Airport Environs Land Use Plan, the project site is not located within an accident potential zone or clear zone. Additionally, the City's General Plan does not identify that the project site is located within a FAA Notification Area. Implementation of the proposed project would not result in any airport related safety hazards to people residing in or working within the project area. 4.3.8 Hydrology and Water Quality Ground water is at a depth where the proposed project would not impact groundwater supplies. Additionally, the proposed project would not interfere with ground water recharge because the site is not located in an area that is known to recharge the ground water system. Implementation of the proposed project would not result in significant impacts to any underground water supplies. The project site is located entirely in Zone X, which is defined as areas beyond the limits of the 100- year flood hazard. 4.3.9 Land Use The proj ect site is currently vacant and was the former location of a commercial office use. The project site is surrounded by low density residential land uses to the south and to the west. The long- term operation of the proposed project would be compatible with existing residential land uses in the area. Less than significant land uses impacts would be associated with implementation of the proposed proj ect. The proposed project is consistent with the General Plan. According to the City's General Plan, the project site is not included within any habitat conservation plan or any natural community conservation plan. Implementation of the proposed project would not be in conflict with any habitat conservation plan 4.3.10 Mineral Resources According to the City's Updated General Plan Land Use Element EIR there is no areas in Santa Ana that are designated significant Mineral Aggregate Resource Areas. Implementation of the proposed proj ect would not result in the loss of any regionally or locally important mineral resource. 4.3.11 Noise According to the Orange County Airport Land Use Commission Airport Environs Land Use Plan for John Wayne Airport, the project site is not impacted with high levels of aircraft noise. Page 18 7 5(;~5 Shea Homes Residential Project Environmental Impact Report Findings and Facls in Support of Findings 4.3.12 Population and Housing The proposed project is consistent with the City's General Plan. The increased population and housing stock generated by the proposed project would not significantly exceed the local and regional housing and population projections for the City of Santa Ana. There are no existing residential uses located on the property. Implementation of the proposed project would not displace any existing onsite residential uses or any offsite residential uses surrounding the project site. 4.3.13 Public Services The proposed project would not substantially increase the demand for fire protection and emergency medical services. The Santa Ana Fire Department has indicated that it does not anticipate any significant constraints in providing fire protection and emergency medical services to the proposed project. Implementation of the proposed project would not significantly increase the demand for police protection services or increase the existing response times within the project area. The Santa Ana Police Department has indicated that under existing levels of manpower and equipment, they would have the ability to provide adequate police protection services. The payment of impact fees to the SAUSD would reduce project-related impacts to school services within the SAUSD to a level considered less than significant. The proposed project would not significantly increase the demand for park uses. To help maintain and/or expand recreation facilities within the City, the proposed project would be subject to the City's park acquisition and development impact fee. With the payment of park fees, potential impacts to park and recreation facilities would be less than significant. 4.3.14 Recreation Implementation of the proposed project would not significantly increase the demand for recreational facilities. With the payment of park acquisition and development impact fees, potential park and recreation impacts would be less than significant. 4.3 .15 Transportation The traffic volumes generated by the project would not exceed the projections in the City's Circulation Element and would not reduce the level of service of any proj ect area intersection or roadway segment to an unacceptable level. Implementation of the proposed project would not result in any changes to air traffic patterns. Nor would the proposed project result in any substantial safety risks related to aircraft traffic. Both the Fire Department and Police Department have indicated that the proposed project would not pose any emergency access constraints. Page 19 75Cr86 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings The proposed project includes a mix of two car and four car garages. Each residential dwelling unit would be provided with four parking spaces. Implementation of the proposed project would not result in an adverse parking impact. The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Implementation of the proposed project would not displace any existing modes of public transportation provided within the project area. 4.3.l6 Utilities According the Santa Ana Water Department there is adequate water supplies to meet the water demands of the proposed proj ect. The Water Department has indicated that water demands of the proposed project could be provided through connections to the existing 8" water main along Farmers Drive. According the Santa Ana Water Department there is adequate capacity to meet the wastewater demands of the proposed project. The Water Department has indicated that wastewater demands of the proposed project could be provided through the construction of new connections to the existing 8" sewer main along Farmers Drive. The proposed project would not require an expansion of the treatment capacity at Reclamation Plant 1. Nor would the wastewater flows from the project exceed wastewater treatment requirements of the State Regional Water Quality Control Board. Implementation of the proposed project would increase the amount of surface water runoff generated from the project site. The project would require the construction of new onsite drainage facilities. However, the construction of these facilities would not cause significant impacts to the environment. The proposed project would have a solid waste disposal demand of 345 pounds per day which would have less than significant impact on solid waste disposal service. 5.0 MITIGATION MONITORING PROGRAM When making findings, CEQA requires that a lead agency must adopt a reporting or monitoring program for the changes to the project that it has adopted or made a condition ofproject approval in order to ensure compliance during project implementation. The Mitigation Monitoring Program (MMP) for the Shea Homes Residential Project, accompanying the Final EIR, is designed to serve this purpose for the mitigation measures identified in the Final EIR. The MMP requires the City to monitor mitigation measures designed to reduce or eliminate significant adverse project impacts, as well as those mitigation measures designed to reduce environmental impacts that are less than significant. The MMP includes all mitigation measures identified in the Final EIR and has been designed to ensure compliance during implementation of the project. Page 20 7 SCnS7 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings The City finds that the impacts of the project have been mitigated to the extent feasible by the mitigation measures identified in the Final EIR and the MMP. The City adopts the MMP for the Shea Homes Residential Project. The MMP designates responsibility and the anticipated timing for the implementation of mitigation measures and conditions within the jurisdiction of the City of Santa Ana. That MMP is hereby adopted and its implementation is made a condition of approval of the Shea Homes Residential Project. The City approves and will implement all the mitigation measures in the Final EIR. 6.0 ALTERNATIVES An EIR prepared pursuant to CEQA and the CEQA Guidelines must describe and comparatively evaluate a range of alternatives to the proposed project (Section 15126.6 of the CEQA Guidelines). Analysis of every possible alternative or options or combination of options would overburden the EIR with an unnecessary amount of detail that would be redundant and complex and would, as a result, fail to provide meaningful information for the City to consider in its review of the project. To develop alternatives that are analyzed in the EIR, a list of potential alternatives was prepared. For this analysis, the project alternatives were evaluated to determine the extent to which they meet the basic project objectives, while avoiding or substantially lessening any significant adverse impacts of the proposed project. Those alternatives, which met the basic objectives and avoided or lessened adverse project impacts, were advanced for further evaluation in the EIR. Those alternatives, which did not meet the basic objectives or which did not lessen adverse project impacts, were not advanced in the EIR for further evaluation. 6.1 ALTERNATIVES CONSIDERED BUT NOT ADVANCED IN EIR FOR FURTHER EVALUATION Potential alternatives to the Shea Homes Residential Project were considered by the City but were not advanced for further evaluation in the EIR. The alternatives failed to carry out the goals and objectives of the proposed project. The reasons the alternatives were not advanced are described in the following Sections. 6.1.1 Alternative Location Because the City of Santa Ana is nearly built out, very little opportunity exists for an alternative site to be developed that meets the same or similar objectives of the project and which is designated for single family residential uses by the City's General Plan and Zoning Ordinance. Because of the limited availability of land in the City, the Alternative Location Alternative was not advanced for further review in the EIR. 6.1.2 Commercial Office Development Previously, located on the proj ect site was a commercial office use. The Commercial Office Development Alternative would not be consistent with the General Plan and would not meet the objectives of the project to provide residential uses on the project site. Therefore, the Commercial Office development Alternative was not advanced for further review in the EIR. Page 21 75C,rB8 Shea Homes Residential Proj ect Environmental Impact Report Findings and Facts in Support of Findings 6.2 ALTERNATIVES ADVANCED FOR FURTHER EVALUATION IN THE EIR 6.2.1 No Project/Existing Conditions Alternative Under the No Project Alternative, the project site would be developed in accordance with the City's current Single Family Residential (R-l) zoning on the property. Under the current zoning, a total of 36 residential units could be developed. Additionally, the R-l zoning would only permit a maximum 8- foot sound wall to be constructed along the rear yards of residential uses adj acent to the Santa Ana Freeway, unless a variance was granted. Therefore, the existing 10- foot to 16- foot CalTrans sound wall would provide the primarily sound attenuation for the proposed residential uses. Under the No Project Alternative, the project would not be able to meet the City's exterior noise standard and the second story of residential units adjacent to the sound wall would not be able to meet the City's interior noise standard. Because the alternative would not reduce the significance of noise impacts, the No Project Alternative would not be considered an environmentally superior alternative. 6.2.2 Compliance with Noise Standards by Construction of Sound Wall Alternative Under the Compliance with Noise Standards by Construction of Sound Walls Alternative, the proposed project would be able to comply with the City's exterior and interior noise standards through the construction of a sound wall ranging in height from 16.5- feet to 50-feet. However, the City has detemJined that a sound wall exceeding 20-feet would result in significant aesthetic impacts and would not be feasible to construct. While the alternative would allow the project to comply with the City's noise standards, it would result in significant aesthetic impacts. Because the project would still have unavoidable significant impacts, the Compliance with Noise Standards by Construction of Sound Walls Alternative would not be considered environmentally superior. 6.2.3 Compliance with Noise Standards by Building Setback Alternative Under the Compliance with Noise Standards by Building Setback Alternative, the proposed project would be able to comply with the City's exterior noise standard by locating the proposed residential units at a distance where the project would be within 65 CNEL contour. However, in order to do this, the residential units would need to be located 3,497- feet away from the existing sound wall on the project site. At this distance the 65 CNEL would extend beyond the property and would preclude the development ofresidential uses on the project site. Because the project would not meet the objective to provide residential uses on the project site, the compliance with Noise Standards by Building Setback Alternative would be not considered environmentally supenor. 6.3 COMPARISON OF IMPACTS Table 1 compares potentially significant impacts of the Shea Homes Residential Project with the No Project Alternative, Sound Wall Alternative and the Building Setback Alternative. Page 22 7 SCr89 Shea Homes Residential Proj ect Environmenlal Impact Report Findings and Facts in Support of Findings Table 1 Shea Homes Residential Project and Project Alternative Impact Comparison Sound Wall Building Impact Category Proposed Project No Project Alternative Setback Alternative Aesthetics Less than Less Than Significant Less Than Significanl with Significant with Impact Significant with Mitigation Mitigation. Mitigation. Slightly less Slightly less impacts impacts compared to compared to proposed proposed proj ect proj ect Noise Significant Impacl Significant Less Ihan Less than Impact. Significant. Less Significant. Comparable Noise impacts Less Noise impacts to compared to impacts proposed proposed compared to project. proj ect. proposed nroi ect. Air Quality Less Than Less Than Less Than Less Than Significant with Significant with Significant with Significant with mitigation mitigation. mitigation. mitigation Less Impacts Impacts Diesel comparable to comparable to Particulate proposed proposed Matter Impacts project. proj ect. compared to Proposed Proi ect Hazards Less than Less than Less than Less than significant with significant with significant with significant with mitigation mitigation. mitigation. mitigation. Impacls Impacts Impacts comparable to comparable to comparable to proposed proposed proposed pro; ect. proiect. pro; ect. 6.4 ENVIRONMENTALLY SUPERIOR ALTERNATIVE The proposed project would be subject to unavoidable significant noise impacts to exterior living areas. The implementation of the Sound Wall Alternative and the Building Setback Alternative would reduce the exterior living area noise impacts to a level that would be less than significant. However, additional significant impacts would occur and the project objectives would not be achieved. With this consideration, the Proposed Project would provide the highest feasible level of sound attenuation to minimize the unavoidable exterior living area noise impacts while meeting the objectives of the project. Therefore, the Proposed Project is considered the Environmentally Superior Alternative. Page 23 75C,rSO Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS Section l5093(b) of the CEQA Guidelines provides that when the decision of a public agency results in the occurrence of unavoidable significant adverse impacts identified in the Final EIR, the public agency must state in writing the reasons to support its actions based on the Final EIR and/or other information in the record. The City of Santa Ana has considered the benefits of the Shea Homes Residential Project against its unavoidable adverse environmental impacts associated with it, and has determined that the benefits the City would realize through the development of the Shea Homes Residential Project would outweigh the unavoidable significant adverse environmental impacts of the project. Each of the separate benefits ofthe project is stated below, and provides the basis for overriding the unavoidable adverse impact, identified in these Findings. (a) The proposed project is consistent with the General Plan and would implement the following General Plan Policies; . Support new development which is harmonious in scale and character with existing development in the area. . Support development which provides a positive contribution to neighborhood character and identity. . Encourage new development and/or additions to eXlstmg development that are compatible in scale, and consistent with the architectural style and character of the neighborhood. . Protect the community from incompatible land uses. . Support land uses which are consistent with the Land Use Plan of the Land Use Element. . Encourage development which is compatible with, and supportive of surrounding land uses. . Facilitate the development of new housing units and opportunities for all segments of the community. . Projects must acknowledge and improve their surroundings with the use of creative architectural design, streetscape treatments and landscaping. . New development must be consistent with the scale, bulk and pattern of existing development. Page 24 7 SCn91 Shea Homes Residential Project Environmentallmpact Report Findings and Facts in Support of Findings . New development must exhibit a functional, comfortable scale in relation to its neighborhood. . New developments must re-enforce, or help establish district character. . Development and subdivision patterns are to be compatible with existing patterns of development in and around districts and neighborhoods, and provide a smooth transition along designated edges. . Support new development of single family residential lots on a minimum area of 6,000 square feet. . Coordinate street and parkway designs that are attractive, functional and compatible with adjacent on-site development. (b) The proposed proj ect would be a compatible land use with the surrounding area. (c) The project site has limited access and is situated in a residential area. The development of the project site with alternative land uses, such as commercial uses or industrial land uses could potentially result in adverse land use and traffic impacts to the surrounding residential areas. (d) Approval of the proposed proj ect would have a positive contribution to the economic and social health of the northeastern part of the City of Santa Ana by providing high quality single family residential land uses in the project area, thereby improving the City's economic health, and housing stock. (e) The proj ect site is currently disturbed and aesthetically unpleasing. The proposed project would development the project site with high quality residential uses improving the aesthetic appearance of the project site and surrounding area. (f) The proposed project would provide 36 single family dwellings. The unavoidable exterior living noise impacts associated with the project would only occur on 4 dwelling units adjacent to the Interstate 5. The remaining 32 dwelling units would not be impacted with unavoidable exterior noise impacts. (g) The proposed project would provide the highest feasible level of sound attenuation to minimize unavoidable exterior living area noise impacts while meeting the objectives of the project. (h) Implementation of the project alternatives would result in additional significant aesthetic impacts and would not achieve project objectives. (i) The proposed project would allow the City to achieve the following project objectives, which would benefit the City of Santa Ana. The project would: Page 25 7 SCn92 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings . To provide additional single family detached housing opportunities in the north eastern area ofthe City of Santa Ana. . Provide a residential community that would be compatible in scale and design with existing residential uses in the project area. . To provide a planned community oflarge single family homes on large lots. . To provide infill housing opportunities on one of the last remaining vacant parcels in the City. For the reasons stated above, and based on substantial evidence in the record before it, the City finds that the unavoidable adverse impacts of the Shea Homes Residential Project related to exterior living area noise impacts are acceptable and, furthermore, finds that the benefits of the project outweigh its unavoidable adverse environmental impacts. 8.0 RECORD OF PROCEEDINGS Various documents and other materials constitute the record of proceedings on which the City of Santa Ana bases its Findings and decisions contained herein. Most documents related to this Final EIR are located at the City of Santa Ana, Planning and Building Department, 20 Civic Center Plaza, Santa Ana, California, 92702. Some documents referenced in the record of proceedings may also be located at the offices of consultants retained by the City for this project. 9.0 SUMMARY 1. Based on the foregoing Findings and the information contained in the record, the City of Santa Ana has made the following fmdings with respect to each significant adverse impact of the proposed project, as identified in the Final EIR: . Mitigation measures have been incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. . Specific economic, legal, social, technological or other considerations make infeasible mitigation measures or project alternatives identified in the Final EIR to reduce unavoidable significant impacts to a level that would be less than significant. 2. Based on the Findings stated herein and information contained in the record, it is hereby determined that: a. All significant adverse impacts on the environment due to the approval of the project have been eliminated or substantially lessened where feasible. b. Any remaining significant adverse impacts on the environment found unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations in Section 7.0, above. Page 26 75,CrS3 Shea Homes Residential Project Environmental Impact Report Findings and Facts in Support of Findings 10. APPROVALS The City hereby takes the following actions: 1. The City has certified the Final EIR for the project, as described in Section 1.0, above. 2. The City hereby adopts, incorporates into the project and makes a condition of the project approval, all mitigation measures in the Final EIR, and as discussed in the Findings (Section 2.0, above) and Project Impacts and Disposition of Related Mitigation Measures in the Final EIR (Section 4.0, above). 3. The City hereby adopts the Mitigation Monitoring Program, accompanying the Final EIR and discussed in the Findings (Section 5.0, above). 4. The City hereby adopts the Findings in their entirety, as set forth above, including the Statement of Overriding Considerations. 5. Having certified the Final EIR, independently reviewed and analyzed the Final EIR, incorporated mitigations into the project as conditions of project approval, and adopted the Findings (including the Statement of Overriding Considerations set for herein), the City hereby approves the Shea Homes Residential Project, as described in the Final EIR, including the site approval and design. Page 27 75Cn94 Shea Homes at Farmers Drive Specific Development (50-77) TABLE OF CONTENTS PAGE SECTION 1. Applicability of Ordinance ...................................................................1 SECTION 2. Purpose ....................................................................................... ...1 SECTION 3. Permitted Uses .................................................................................1 SECTION 4. Conditionally Permitted Uses .............................................................1-2 SECTION 5. Development Standards for Single Family Dwellings .................................2 1. Building Height .........................................................................2 2. Front Yard ... ............ ....... ..... ......... ...... ...... ...... ...... ..................2 3. Side Yard ...............................................................................2 4. Rear Yard ..............................................................................2 5. Landscape......................................................................... .....3 SECTION 6. Development Standards for Common Areas ...........................................3 1. Secondary Ingress and Egress Drive .........................................3-4 2. Common Open Space ...............................................................4 3. Entry and Perimeter walls ...... ...... ......... ...... ...... ...... ...................4 4. Mailboxes and other Appurtenances ............................................5 SECTION 7. Miscellaneous Regulations .................................................................5 1. Regulations Specifically Included Herein by Reference ....................5 2. CC&Rs..................................................................................5 EXHIBIT Site Plan Exhibit A 75e'!!'S Shea Homes at Farmers Drive Specific Development (SD-7Tl SECTION 1 APPLICABILITY OF ORDINANCE The Specific Development No. 77 (SD-77) zoning district, as authorized by Chapter 41, Article III, 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 SD zoning district may be incorporated herein by reference. The boundaries of Shea Homes at Farmers Drive Specific Development District shall be defined pursuant to Exhibit A (attached hereto and incorporated as though fully set forth herein). SECTION 2 PURPOSE The Specific Development No. 77 (SD-77) 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 for the planned residential development. SECTION 3 PERMllTED USES The permitted land uses shall be as follows: 1. One (1) single family dwelling for each 6,000 square-foot lot. 2. One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period not to exceed one (1) year. 3. Accessory buildings and structures, except as otherwise provided in Section 4, determined to be incidental and necessary to the primary use, subject to the approval of the Planning Commission. 4. Childcare facilities providing care to not more than eight (8) children. SECTION 4 CONDITIONALLY PERMllTED USES The following uses are permitted upon the approval of a conditional use permit in accordance with the Santa Ana Municipal Code: 75C-96 1 . Neighborhood and community service centers. 2. Garages for more than four (4) vehicles. 3. Childcare facilities caring for more than eight (8), but no more than fourteen (14) children. 4. Accessory structures exceeding fifteen (15) feet in height or more than one (1) story. SECTION 5 DEVELOPMENT STANDARDS FOR SINGLE FAMILY DWELLINGS The following general development standards are applicable to single-family dwellings: 1 . Buildinq Heiqht The height limit for main buildings and structures is 35 feet and for accessory buildings and other structures is 15 feet. Accessory structures more than 15 feet in height will require a Conditional Use Permit. The Planning Commission shall have the right to limit the number of stories in any or all of the buildings in the SO-77 district, or the height of any other structure, when it finds that existing or proposed developments on adjacent properties, or properties across a street or alley, would be adversely affected unless such a limitation were imposed. 2. Front Yard There shall be a front yard of not less than twenty (20) feet. 3. Side Yard Each side yard shall be not less than five (5) feet. On comer lots, the side yard on the street side shall be not less than ten (10) feet. 4. Rear Yard Except for Parcel 1, the minimum rear yard for parcels backing into the adjacent development (parcels 2 through 10 and 27 through 36) shall be thirty (30) feet. Such rear yard may be reduced to not less than twenty (20) feet, provided a landscape screen at least 12 feet in height is provided. All other parcels, including parcel 1, shall provide a rear yard of not less than twenty (20) feet. Such rear yard may be reduced to not less than fifteen (15) feet, provided it has at least one thousand two hundred (1,200) square feet of open area, exclusive of side yard areas. 75C-97 5. Landscape All single family dwelling yards shall be landscaped within six months of the date of close of escrow. The landscape shall be installed pursuant to section 41-240 and maintained pursuant sections 41-609 and 41- 609.5 of the Santa Ana Municipal Code. The following additional standards shall apply: (a) No more than fifty (50) percent of the front yard shall be covered with hardscape. Hardscape shall be considered to include, but not limited to, driveways, walkways, walls and water features. (b) Landscape plans for each single-family dwelling shall be reviewed and approved by the Planning Division prior to the landscape installation. (c) Walls and fences shall be installed pursuant to section 41-610 of the SAMC, except that walls and fences shall be constructed of a decorative block such as slump stone, split-face block or equivalent and shall have decorative pilasters and caps. No front yard fences shall be allowed. (d) All side and rear yards shall be fenced. Side and rear yard fences adjacent to a street shall require a five (5) foot setback, which shall be fully landscaped. SECTION 6 DEVELOPMENT STANDARDS FOR COMMON AREAS The following general development standards are applicable to all common areas and improvements: 1. Secondarv Inqress and Eqress Drive Improvements The secondary ingress and egress drive shall have a minimum 20-foot wide paved roadbed with a minimum five (5) foot landscaped parkway adjacent to the sound wall and three (3) foot landscaped parkway adjacent to residential uses. The secondary drive shall be constructed per the City Standards for Private Streets. The drive is intended to serve as a secondary access road open to residents and their guests, property management, trash collection, fire protection, etc. but it will not be a publicly dedicated street. (a) There shall be a single landscape theme established for the road. 75C-98 (b) Lighting shall comply with the provisions of Chapter 8, Article II, Division 3 of the SAMC. In addition, the light standards shall comply with Public Works Agency Residential Light Standard No. 1126-1 or equivalent and shall not exceed 15 feet in height. Light standards shall be painted black. 2. Common Open Space All Improvements to the common open space shall be fully implemented prior to Building Division final and release of utilities fel: tho 1 Bill sin!]lo family dwolling of the first unit in the development phase where the common area improvement is located. (Modified by the Planning Commission on October 10, 2005) (a) All open space (except for Lot G) shall be fully landscaped and illuminated. Lighting shall be installed in compliance with the Police Department standards. Additional light standards, if required, shall match those installed for the streets. (b) Lot C shall be developed as a passive recreation area. The lot shall incorporate seating and a trash receptacle to be approved by the Planning Division. 3. Entry and Perimeter Walls (a) The south and west perimeter walls shall not exceed six (6) feet in height, as measured from the top of the curb, or eight (8) feet from the top of the finish grade of the adjacent property at the location of the wall. All walls shall be constructed of a decorative block such as slump stone, split-face block or equivalent and shall have decorative pilasters and caps. (b) The northeast perimeter sound wall shall not exceed 20 feet in height. The wall shall be constructed of decorative block, such as slump stone, split-face block or equivalent, which shall not exceed 15 feet in height. The additional wall (height) shall be constructed of a clear material such as plate glass, Plexiglas or glass block to reduce the visual height of the wall. The Planning Commission shall approve the design. (c) To visually define the project entryways, colored paving materials and concrete shall be used as accent materials at entry locations. (d) Entry walls shall not exceed eight (8) feet in height. The Planning Commission shall approve the design and materials. 75C-99 4. Mailboxes and other Appurtenances (a) Mailboxes shall be uniform in design throughout the community. They shall be either single or dual mounted boxes. If multi-unit mailboxes are required by the U.S. Postal SeNice, they shall be decorative in nature and be installed in a landscaped area. (b) All appurtenances shall be located outside the walkway, sidewalk and parkway, and shall be screened. (c) All public and private utilities shall be installed in underground vaults. The City shall approve the location. SECTION 7 MISCELLANEOUS REGULATIONS 1. Requlations Specificallv Included Herein Bv Reference All requirements, limitations, restrictions and waivers encompassed in Chapter 41, Article III, Division 24, of the Santa Ana Municipal Code (PRO use district regulations) shall apply to SD-77 use district, excepting therefrom the requirement of an approved conditional use permit and any other requirements, limitations, restrictions and waivers which are in conflict with other sections of this ordinance. In addition, all requirements, limitations, restrictions and waivers encompassed in Chapter 41, Article III, Division 3, of the Santa Ana Municipal Code (R1 use district regulations) shall apply to SD-77 use district, excepting therefrom the requirements of an approved conditional use permit and any other requirements, limitations, restrictions and waivers which are in conflict with other sections of this ordinance. 2. Conditions, Covenants, and Restrictions (CC&Rs) CC&Rs addressing ingress-egress, parking, drainage, private utilities, emergency vehicle access, landscaping, cost sharing and maintenance of the access road and common areas shall be recorded with the final map. 75C-100 ~ ~ ~ ~ ~ . ~ .. , i i ~ ..,..- . ._,_. =.~..- 3 Si ... ""'lILloMP_ ~ ......---- f CDN8L.JLTINn --. _...._...-,.._ Site Plan ltE'ST ORANGE RlW) " ~,5 ~q 33 }2 iRA,V, w, ,J:,H ~1 fir;'-j:o,PAr.T 30 :9 !'<I\1. ul/::'C"_Y' . ;; ~ :, I i ~ i"; , 24 D ~ r!.X ~-I: 119 u::,T.. ~....~ [2~ I [ih. :!l w ~ <( U en ,", - - Cil B- r3=? --'----- ~L u- ~ I " 1C ';R!\C' :~(), 33/4 ,I.M. 44',27-.3.:. AIBfORYuwe AUGUST 1, 2005 VESTING TENTATIVE TRACT MAP NO. 16905 SITE PLAN 75C-101 Exhibit A i-- I I ~..=".:.",:,~..~~.'::J:':'.."';..-_.... .00<'-''''...'''''''''''''''''00......____. ..._"""'-"""....,"""...~..."""',...._- , ~....:==~I:'=:.::-~--_."'.- .:..."':.""'..:'_"'..""""'.........-../rI<I<'N...,,-.rI) ."'".,"'"""-._......""...~-,,-_.._....""" '''''__..'''''''''''n..____ ..".......,---.....-...........-..""""'..... .'-'''"''''...._..o"......~__..'''''... ,.....--..._""'''''........_....''''''...M_ ...-....--......-....'''.............--.... tt ~i:;:-:7.~7Ji:ff;~~.:sg;:..f:~ "-.....--.-..-""",,.--..--....... "*,,,... ...."""..,,~.."",...._~....""'..-..--'~ "'::'=;.::.r~=~....::..~-~"",= --....."".,,.......--..............,...-- ~ - ---'l':"_ ~1. __-l<L..__' ~l . , - 33 - j-: I '-~~--~I ,.., ',' " -----: ~.;sJ " ~ --~--H 36 !:. '.. '-~ , I .! ~~~k~~ _~J!:....-! - == I: ~ ~' .' I ~:;:;"...:=.~f---i.;" '--'- :i'li~; .II: I ' ,- -I q 'I T ~ i ~ 1 M =------r~""<.".~ ~...,;;; ~"T..",.,.r= W~~ VESTING TENTATIVE TRACT MAP NO. 16905 (REVISED) CITY OF SANTA~. COUNTY OF ORANGE. STATE OF CAUFORNIA SEPTEMBER 22, 2005 ~""'~EaC___"_'" .....""'''''..''' <w-..__.. ........"",,""""""'-......._"""''''''''''' <._-""".."'."..."". ~""-',....ro_":.'::".l"',.:."'.?;:.... ~ ....""'......._-"',"",,, ,,"',,- ,.,........,-..__....- .........,.............,--~ .uG""""''''''"",," -"'_.".."....--- .----....-...,"". ...---...............""" ...,......-.._,--"'... ""-.."'-..........""..."".. ........ ""-_.. "",.... .. .-....-...-............., , ..................--,....."...,"""".-"""""',._- ....."""""'....., "'''''--...--....-.... ...--......"""""'..--"'1<---.... ~"'....,""""."._"'_...... ..-""'-_.."'...."'"',.."............. ~;~~7::~' "'--~-., ......""""................."""""""" .......-..,,-.....---.... ....""".-..."".....--=-.... ._Itt...___......,..."'"""_........... ~=-='=-~:::.::'=.~:::::~)""..-"'....., "'"""""" """"" -- ". .~ .- . ?-;;.;;.-...=:--:;iI!F=~E ~-=:_-. ~u ~I\W.L ""<<--'. """"".""........ ....-..--,"'- -''''...''''..- ..........""-- i "-T~ -~ PAR1I.4I. UCVAIKW H .~",.~ """'"'OW' ............."'" ,. ....-""""""""'" .--"".......---...."......,""'.-.. .---..., .-....."";'""""""-..---.......... . _...._...._..""...""'~- .-...............-..0"0......"... ,....,.......-......- ""' .....~. ""''''' ""-~""'" - - - - . ""-.....""'''_......"........~''''''''''---... . """"''''''''''''.'''''''','''''' '. -..-,..........,,---.....,. ~_MM!l'l: ~~'" ~~~:~ ...... ~..""''''"'''''_O<J,. ..iOl ~s......""".....""'...""'" """"""""'".......""'..""'" ~"""',.."...,...fflU>; ""I<.UD<""''''''''''' """"""'IW>IIL"""""'.......... ""1'_""""'_'''11'.. _m_ " """"""'../Ia'U"'" """"""_.'''.''''''(>'I.IIiL<:) ,~, . " -_/'" - --- ---,,'" .....,,,,.- ~;r:-"""" ("~-- ~~t&!laoa ("'J_ ~,.~-- ~~~ ~M -=- ~l: ~~I ''1-:, '~i ! I'" 18 :r 19 I ~i m.J m, ~ ",. l : I:! , , I" ''''' ~ " :!!:~j:;:::;,i~::;L _I ~ ;-net_m'J~ < : 's, liI> ~ , : 1;"'1 , I , r:~J6""--j f,;i, I !~. I !~ , 'JIL, ~ ' , 'l....::.:;~-~-,~.,~!r~ I , ~ ~J- -",-~;[:__=-J r ,:. ~ ,~,; _WE ::";:'~1 02 ~--'-'':= EXHIBIT 1 0 1Df__:~\El7WdJl!H7Jlol'lWT1fACTM),_ Nll.dU. _ ........- IlitVIfMIItf_il<<I..1I} .. -- ~s,..il<<A<;E-QJ _DtM/lMDJ -- '.M 'OM 'OM T.IJ'''''' -~ . ..Ilk. , ",,"",..... -=........""....."... f,._TIIbIo__ ~ - ..~ ~ - ..~ .. . i ~ Ii I (REVlSED) VESTING TENTATIVE TRACT MAP NO. 16905 OCTOBER 10, 2005 PAGE 1 OF8 Conditions for Approval Vesting Tentative Tract Map No. 2005-05 (County Map No. 16905) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the vesting tentative tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2005-13. 2. The Vesting Tentative Tract Map, Final Map, and all improvements required of the subdivider shall be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 3. The covenants, conditions, and restrictions (CC&Rs) shall be reviewed and approved prior to approval of the final tract map, and shall be recorded prior to the issuance of building permits. 4. The final tract map shall be recorded within one year of the date of approval of the tentative map by the City Council. 5. The final tract map shall be approved and recorded prior to issuance of building permits. 6. Two copies of the submitted each to Building Division, recordation. recorded final map and CC&Rs shall be the Planning Division, Fire Department, and Public Works Agency wi thin 10 days of EXHIBIT 11 75C-103 OCTOBER 10, 2005 PAGE20F8 7. All easements shall be recorded prior to or concurrent with the final map. 8. All development within development fees and any time of permit issuance. the area of the map is subject to other applicable fees in effect at the 9. The CC&Rs shall include language that requires homeowners to install required landscape within the specified time period in the Specific Development. A credit, equivalent to the cost of the installation of the minimum residential landscape requirement, shall be granted to all homeowners who install the landscape within the specified time. 10. All utility meters and boxes shall be placed in vaults below grade. Any above grade meter and/or box shall be reviewed by the Planning Division Manager to ensure all options have been reviewed. 11. Off oitc aBd Common area improvements shall be installed, inspected, and approved prior to the utility release of the ~ first unit in the development phase where the common area improvement is located. (Modified by the Planning Commission on October 10, 2005) 12. Maintenance of Lot G (the area between the CalTrans wall and the new sound wall) shall be the responsibility of the homeowners association. 13. A metal gate no less than six feet in height shall be installed at both termini of Lot G. The design and locking devices shall be approved by the City of Santa Ana Planning Division, Santa Ana Police Department, CalTrans and the U.S. Department of Defense or their representative. 14. A landscaped planter of no less than five feet in width shall be provided adjacent to the sound wall on Lot D. The landscape planter shall be planted with 24-inch box trees at 25 feet on center and 15-gallon shrubs at 10 feet on center. Prior to the issuance of a grading permit, the applicant shall submit landscape plans to the Planning Division for review and approval. 15. The applicant shall obtain written consent from every adjacent owner prior to the demolition and construction of the common perimeter wall to the west and south of the project. 75C-104 OCTOBER 10, 2005 PAGE 3 OF 8 16. The perimeter wall shall be constructed per the specifications on the Specific Development No. 77. 17. All real estate signage must be removed from the site wi thin one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 18. The third story area for the homes on Lots 10, 22 and 27 shall be constructed with quiet rock panel exterior walls with a minimum noise rating of ENWR-49 with an additional layer of quiet rock panel on the ceiling assembly. The northerly facing windows along the Santa Ana Freeway shall have a minimum rating of EWNR-45. 19. The third story for homes on Lots 12, 13, 16, 18, 20, 21, 24 and 25 shall be constructed with exterior walls consisting of wood stud construction with stucco exteriors and a minimum 1/2-inch gypsum drywall on the interior. All the exterior walls shall include fiberglass insulation in the stud cavi ties. The windows on the third floor area shall have a minimum noise rating of ENWR-22. The roof construction shall incorporate concrete or composition tiles on the exterior and a minimum 1/2-inch gypsum drywall on the interior surface. 20. The proposed project shall incorporate architectural elements and landscape treatments in and around the sound wall. The proposed treatment shall be approved by the Planning Division prior to issuance of grading permits. 21. Prior to issuance of grading permits, the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes a copy of the proj ect' s permit issued by the State Water Resource Control Board that identifies the project's permit number and two copies of the Storm Water Pollution Prevention Plan. 22. Prior to issuance of grading permits, a construction-level geotechnical report shall be submitted for review and approval to the Building Department and/or Public Works Department. The report shall address the potential for seismically induced soil liquefaction and soil instability. Based on the study, detailed grading recommendations and foundation design criteria shall be provided. 75C-105 OCTOBER 10, 2005 PAGE40F8 23. Prior to issuance of grading permits, the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices (BMP) in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. 24. Prior to developer Management the issuance of grading permits, shall provide two copies of the plan that include the following: the Water project Quali ty a. Site Assessment. b. Site Design BMPs. c. Applicable Routine Source Control BMPs. d. Selection and sizing of the Treatment Control BMPs. e. Mechanisms by which funding for long-term operation and maintenance of Structural BMPs will be provided. f. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable Structural BMPs, and to identify the entity in charge of implementation. 25. Prior to the issuance of grading permits, the project developer shall submit a final run-off evaluation for review and approval showing the existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. 26. Prior to issuance of grading permits, the project developer shall submit to the City of Santa Ana Planning Division a letter from the Department of Defense and CalTrans that adequate access is provided to the Department of Defense fuel line and the CalTrans sound wall. 27. Grading Plans and Building Plans for the proposed project shall note that all construction equipment shall be properly maintained and tuned to minimize noise emissions. 75C-106 OCTOBER 10, 2005 PAGE50F8 28. Grading Plans and Building plans for the proposed project shall note that all equipment shall be fitted with properly operating mufflers and air intake silencers. 29. To ensure compliance with SCAQMD Fugitive Dust grading plans for the proposed project shall following notes: Rule reflect 403, the a. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. b. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. c. Streets surrounding the project site should be cleaned at the end of each day of construction. d. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. e. Equipment engines and in proper specifications. shall be maintained in good condition tune according to manufacturer's 30. Building plans for the proposed project shall reflect that onsi te lighting on the proj ect site is located in such a manner that the direct rays of the lighting are confined to the property and would not spillover to adjacent residential areas. 31. Grading Plans and Building Plans for the proposed project shall note that construction activities on the project site shall take place between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday, 8:00 a.m. and 8:00 p.m. on Saturday, and no construction activity on Sundays or federal holidays, and that no construction equipment on the project site shall operate including warming up until after 7:00 a.m. Monday through Friday and 8:00 a.m. on Saturday. (Modified by the P~anning Commission on October 10, 2005) 75C-107 OCTOBER 10, 2005 PAGE 6 OF 8 32. Grading Plans and Building Plans for the proposed project shall note that all construction equipment shall be properly maintained and tuned to minimize noise emissions. 33. Grading Plans and Building Plans for the proposed project shall note that all equipment shall be fitted with properly operating mufflers and air intake silencers. 34. The building plans for the proposed project shall reflect a 20-foot noise wall along the northeastern boundary of the project a site. The noise wall shall have a surface density of at least 3.5 pounds per square foot and shall not have openings or gaps. The noise wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch Plexiglas, any masonry material, or a combination of these materials. 35. Building plans for all residential units shall reflect the following construction details: a. The roof/ceiling assembly shall incorporate concrete or composition tiles on the exterior and a minimum 1/2-inch gypsum drywall on the interior surface of the living area. Roofs shall be sloped and attic spaces shall be insulated with fiberglass insulation. b. Exterior walls shall be wood stud construction with stucco exteriors and a minimum 1/2-inch gypsum drywall on the interior. All exterior walls shall include fiberglass insulation in the stud cavities. c. All operable windows shall have a rating of STC-24. fixed windows shall have a rating of STC-28. All d. All entry doors shall have a rating of STC-28. 36. The building plans for the Traditions Plan 2 on Lots 10, 22 and 27 shall reflect the following construction details: a. The Retreat shall be installed with attic baffles. operable windows shall have a rating of EWNR-26 or 28. All STC- 75C-108 OCTOBER 10, 2005 PAGE70F8 b. The Library shall be installed with attic baffles. All operable windows shall have a rating of EWNR-32 or STC- 35. All fixed windows shall have a rating of EWNR-36 or STC-40. All entry doors shall have a rating of EWNR-29 or STC-32. c. Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating of EWNR-32 or STC- 35. All fixed windows shall have a rating of EWNR-36 or STC-40. All entry doors shall have a rating of EWNR-29 or STC-32. 37. The building plans for the Renaissance Plan 3 on Lots 11, 23, and 26 shall reflect the following construction details: a. The Retreat shall be installed with attic baffles. operable windows shall have a rating of EWNR-26 or 28. All STC- b. Bedroom 2 shall be installed with attic baffles. All operable windows shall have a rating of EWNR-32 or STC- 35. All fixed windows shall have a rating of EWNR-36 or STC 40. All entry doors shall have a rating of EWNR-29 or STC 32. c. Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating of EWNR-32 or STC- 35. All fixed windows shall have a rating of EWNR-36 or STC 40. All entry doors shall have a rating of EWNR-29 or STC 32. 38. The building plans shall reflect shall be provided for residential Lots 6, 7, 8, 9, 10, 11, 12, 13, 24, 25, 26, 27, 28, 29 and 30. that mechanical units located on 14, 15, 19, 20, ventilation residential 21, 22, 23, 39. Prior to the recordation of final subdivision maps, a special disclosure statement of the presence of the jet fuel line is required to be provided on subdivision maps and deeds for the project. 40. Prior to the building permit final for residential Lots 10, 11, 22, 23, 26 and 27, the project developer, at their sole expense, shall conduct a noise monitoring analysis to ensure that the residential units on such lots achieve an interior noise level of 45 CNEL. 75C-109 OCTOBER 10, 2005 PAGE80F8 41. Prior to the building permit final, a disclosure statement on the risks and potential exposure to Particulate Diesel Matter shall be provided on all final subdivision maps and grant deeds for the project. 42. In the event unknown cultural resources are encountered, earthwork activities in the area of the finding shall halt the City of Santa Ana Environmental Coordinator shall contacted for appropriate action. all and be 43. During construction operations near the jet fuel pipeline, a representative from the Department of Defense shall be present to moni tor construction acti vi ties to ensure that no damage occurs to the jet fuel pipeline. 44. Prior to commencement of construction activities, the project developer shall identify to the City a construction relation officer to act as a community liaison concerning onsite construction acti vi ty impacts. The name and phone number of the construction relation officer shall be posted on the project site. 45. Prior to the issuance of Building Permits, the applicant shall submit revised elevations showing balustrades and windows consistent with the architectural vocabulary of the main eleva tion. (Modified by the Planning Conunission on October 10, 2005) 75C-110 Vesting Tentative Tract Map No. 2005-05 October 10, 2005 Page 1 of 2 Findings of Fact A. The proposed project, as conditioned, and its design and improvements are consistent with the Single-Family Residential (LR- 7) designation on the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project is consistent with the Low Density Residential General Plan land use designation (LR-7) and its densi ty. In addition, the proposed residential development promotes the goals and policies of the General Plan Housing and Land Use Elements. The proj ect provides infill housing, increases the housing stock, and preserves the character and integri ty of the surrounding residential neighborhoods. The project is not located within any specific plan area of the city. B. The proposed proj ect, as requirements of the zoning applicable city ordinances. conditioned, conforms to all applicable and subdivision codes as well as other The proposed project meets the letter and intent of the State of California Subdivision Map Act and conforms to Chapters 34 and 41 of the Santa Ana Municipal Code, which pertain to the subdivision and development standards for the site. Additionally, the project will conform to other applicable codes and city ordinances as identified during the Site Plan Review process (DP No. 2005-13). Covenants, Conditions and Restrictions (CC&Rs) are required for the project, which need to be approved by the City prior to the City Council approval of the final map. C. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately nine acres of land within the Specific Development No. 77 (SD-77) zoning district. Access to the site will occur from Farmers Drive and Flower Street. Since the topography of the site is flat and the minimum lot size for a single family residential parcel is 6,000 square feet, the site has been determined to be physically suitable for a residential development at the proposed six dwelling units per acre density since there are no physical constraints on the site to preclude development. EXHIBIT 12 75C-111 Vesting Tentative Tract Map No. 2005-05 October 10, 2005 Page 2 of 2 D. The design and improvements of the proposed project substantial environmental damage or substantially injure fish or wild life or their habitat. will not cause and avoidable An environmental impact report was prepared for the proj ect pursuant to the California Environmental Quality Act. The project site is located in an urbanized area and was previously developed. There are no known fish or wildlife populations existing on the site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. E. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed development will not cause serious publ ic heal th problems. An unavoidable adverse impact to the exterior living areas was identified in Environmental Impact Report No. 2005-01. A Statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social and technological and/or other benefits of this project against the unavoidable adverse impact. Any other negative or adverse impact will be mitigated through mitigation measures identified in Environmental Impact Report No. 2005-01. F. The design or improvements of conflict with easements acquired through or use of property within the proposed project by the public at large the proposed project. will not for access Approval of the vesting tentative tract map for this project will not create conflicts with any easements necessary for the public access through the subject property. The project requires the realignment and abandonment of existing utility easements and the dedication of new easements for the development. In addition, the emergency and maintenance services will have access to the development as well as Department of the Defense have access to the jet fuel line easement. Public access will be provided from Farmers Drive and Flower Street. 75C-112 KO -11/1/05 RESOLUTION NO. 2005-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE SHEA HOMES DEVELOPMENT LOCATED AT 2800 NORTH FARMERS DRIVE, APPROVING A MITIGATION MONITORING PROGRAM, AND ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS 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 February 4, 2005, the applicant submitted the Shea Homes at Farmers Drive to construct 36 single-family dwellings at 2800 North Farmers Drive. 1. In June 1, 2005, a Notice of Preparation was prepared, submitted to interested persons, responsible and trustee agencies, and filed with the County Recorder regarding this proposed project, which was at that time described as the development of a 36 unit single- family subdivision. 2. Three (3) alternatives including the no project alternative were evaluated. 3. The City prepared a Draft EIR (Environmental Impact Report) for this proposed project, which was submitted for public comment to all responsible agencies, the State Clearinghouse, neighboring communities and districts, neighborhoods in the vicinity and the requesting public. 4. All comments to the Draft EIR were considered and responded to in the proposed Final EIR (which includes the Draft EIR). 5. A proposed mitigation monitoring plan has been prepared, as has 27 pages of certain facts, findings and statements, which are attached to this Resolution. 75C-113 B. At its regular meeting of October 10, 2005, the Planning Commission of the City of Santa Ana, following a duly noticed public hearing, by a vote of 6:0 (Lutz absent) recommended to the City Council that it adopt: 1. A resolution certifying Final Environmental Impact Report No. 2005- 01, the mitigation monitoring program, and certain facts, findings and statements. 2. An ordinance approving Amendment Application No.2005-02 and Specific Development Plan No. 77. 3. A resolution approving Vesting Tentative Tract Map No. 2005-05 (County Map No. 16905) as conditioned. 4. A resolution approving Site Plan Review No. 2005-04 to construct 36 single-family residences at 2800 North Farmers Drive C. The City Council has fully considered this matter, and all public testimony, at a duly noticed public hearing held at its regularly scheduled meeting of November 7,2005. D. All attached documents, including the Final EIR, the mitigation monitoring plan, the 27 pages of findings and approvals, the Request for Council Action, and the record of proceedings are incorporated herein by this reference as though fully set forth. Section 2. The City Council has reviewed and considered the information contained in the Final EIR prepared with respect to this Project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Final EIR meets all requirement of CEQA, including but limited to: finding that the Final EIR adequately addresses the impacts of the project; that it identifies and through the mitigation monitoring plan imposes all feasible mitigation measures which will reduce all of the significant environmental impacts of the Project to a level of insignificance, except those unavoidable impacts described more specifically in the statement of overriding considerations; discusses a reasonable range of alternatives to the Project; identifies the environmentally superior alternative; and based upon all of which and the record as a whole the Council chooses to approve the Project. The City Council hereby certifies and approves the Final EIR, the mitigation monitoring plan, the facts, findings and Statement of Overriding Considerations attached to this Resolution, and directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") S 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any 75C-114 adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code 9 711.2 and Title XIV, CCR 9 735.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. 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 November, 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 75C-115 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-107 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 75C-116 SHEA HOMES RESIDENTIAL PROJECT MITIGATION MONITORING PROGRAM Mitif'3tion Measure I Al!encv I Aooroval Prior to Issuance of Gradinl! Permit The proposed project shall incorporate Planning! architectural elements and landscape Building treatments in and around the sound wall. The proposed treatment shall be approved by the Planning Division prior to issuance of grading permits. Prior to Issuance of grading permits a Planning! construction-level geotechnical report shall Building be submitted for review and approval to the Building Department and/or Public Works Department. The report shall address the potential for seismically induced soil liquefaction and soil instability. Based on the study detailed grading recommendations and foundation design criteria shall be provided. Prior to issuance of grading permits the Public Works project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes a copy of the project's permit issued by the State Water Resource Control Board that identifies the project's permit number and two copies of the Storm Water Pollution Prevention Plan. Prior to issuance of grading permits the Public Works project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site design, Structural Source Control and treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. Page] of? 75C-117 Prior to the issuance of grading permits the Public Works project developer shall provide two copies of the Water Quality Management Plan that include the following: I. Site Assessment 2. Site Design BMPs 3. Applicable Routine Source Control BMPs 4. Selection and sizing of the Treatment Control BMPs 5. Mechanisms by which funding for long-term operation and maintenance of Structural BMPs will be provided 6. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable Structural BMPs, and to identify the entity in charge of implementation Prior to the issuance of grading permits the project developer shall submit a final run-off evaluation for review and approval showing the existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. Prior to issuance of grading permits the project developer shall submit to the City of Santa Ana Planning Division a letter from the Department of Defense and CaITrans that adequate access IS provided to the Department of Defense fuel line and the CaITrans sound wall. Grading Plans and Building Plans for the proposed proj ect shall note that all construction equipment shall be properly maintained and tuned to minimize noise emiSSIOns, Grading Plans and Building Plans for the proposed project shall note that all Page 2 of7 75C-118 Public Works Planning! Building Planning! Building Planning! Building equipment shall be fitted with properly operating mufflers and air intake silencers. To ensure compliance with SCAQMD Fugitive Planning/ Dust Rule 403, grading plans for the proposed Building project shall reflect the following notes: All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage I or Stage 2 smog episodes. Streets surrounding the project site should be cleaned at the end of each day of construction. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. Equipment engines shall be maintained in good condition and m proper tune according to manufacturer's specifications. Mitieation Measure Aeency Approval Prior To Issuance of Buildine Permits Building plans for the proposed project shall Planning! reflect that onsite lighting on the project site Building is located in such a manner that the direct rays of the lighting are confined to the property and would not spill over to adjacent residential areas. Grading Plans and Building Plans for the Planning! proposed proj ect shall note that construction Building activities on the project site shall take place between the hours of7:00 a.m. and 8:00 p.m. Monday through Friday and 8:00 a.m. to 8:00 p.m. on Saturdays and no construction activity on Sundays or federal holidays. No construction equipment on the Page 3 of7 75C-119 project site shall operate including warming up until after 7:00 a.m. Monday through Friday and after 8:00 a.m. on Saturdays. Grading Plans and Building Plans for the Planning! proposed project shall note that all Building construction equipment shall be properly maintained and tuned to minimize noise emISSIons, Grading Plans and Building Plans for the Planning! proposed project shall note that all Building equipment shall be fitted with properly operating mufflers and air intake silencers. The building plans for the proposed project Planning! shall reflect a 20-foot noise wall along the Building northeastern boundary of the project a site. The noise wall shall have a surface density of at least 3.5 pounds per square foot and shall no openings or gaps. The noise wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch Plexiglas, any masomy material, or a combination of these materials. Building plans for all residential units shall Planning! reflect the following construction details; Building . The roof/ceiling assembly shall incorporate concrete or composition tiles on the exterior and a minimum y," gypsum drywall on the interior surface ofthe living area. Roofs shall be sloped and attic spaces shall be insulated with fiberglass insulation. . Exterior walls shall be wood stud construction with stucco exteriors and a minimum Yz" gypsum drywall on the interior. All exterior walls shall include fiberglass insulation in the stud cavities. . All operable windows shall have a rating of STC-24. All fixed windows shall have a rating of STC-28. Page 4 of7 75C-120 . All entry doors shall have a rating of STC- 28. The building plans for the Traditions Plan 2 Planning! on Lots 10,22 and 27 shall reflect the Building following construction details: . The Retreat shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-26 or STC-28. . The Library shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC 35. All fixed windows shall have a rating ofEWNR-36 or STC-40. All entry doors shall have a rating ofEWNR-29 or STC-32. . Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating of STC EWNR-32 or STC-35. All fixed windows shall have a rating of EWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. The building plans for the Renaissance Plan Planning! 3 on Lots 1 I, 23, and 26 shall reflect the Building following construction details: . The Retreat shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-26 or STC-28. . Bedroom 2 shall be installed with attic baffles. All operable windows shall have a rating ofSTC EWNR-32 or STC-35. All fixed windows shall have a rating of EWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. . Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating ofSTC EWNR-32 or STC-35. All fixed windows shall have a rating of Page 5 of7 75C-121 EWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. The building plans shall reflect that Planning! mechanical ventilation shall be provided for Building residential units located on residential Lots 6,7,8,9, 10, 11, 12, 13, 14, 15, 19,20,21, 22,23,24,25,26,27,28,29,30. Prior To Recordation Of Final Subdivision Maps Mitigation Measure Agency Approval Prior to the recordation of final subdivision Planning! maps, a special disclosure statement of the Building presence of the jet fuel line is required to be provided on subdivision maps and deeds for the project. Prior To Buildinl! Am roval Mitil!ation Measure Al!ency Approval Prior to Building Approval, the project Planning! developer, at their sole expense, shall Building conduct a noise monitoring analysis to ensure that the residential units on Residential Lots 10, 11, 22, 23, 26 and 27 achieve an interior noise level of 45 CNEL. Prior to Building Approval occupancy, a PlanninglBuilding disclosure statement on the risks and potential exposure to Particulate Diesel Matter shall be provided on all final subdivision maps grant deeds for the project. Prior to and Durin!! Construction Mitil!ation Measure Agency Approval In the event unknown cultural resources are Planning! encountered, all earthwork activities in the Building area of the finding shall halt and the City of Santa Ana Environmental Coordinator shall be contacted for appropriate action. During construction operations near the jet fuel pipeline, a representative from the Planning! Department of Defense shall be present to Building monitor construction activities to ensure that no damage occurs to the jet fuel pipeline. Page 6 of7 75C-122 , i Prior to commencement of construction activities, the project developer shall identify to the City a construction relation officer to act as a community liaison concerning onsite construction activity impacts. The name and phone number of the construction relation officer shall be posted on the proj ect site. ! I Page 7 of7 75C-123 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, FINDINGS AND APPROVALS FOR THE SHEA HOMES RESIDENTIAL PROJECT 1.0 CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT Pursuant to California Code of Regulations (CCR), Title 14, Section 15090, the City of Santa Ana hereby certifies the Final Environmental Impact Report EIR-2005-01, State Clearinghouse No. 2005041176 for the Shea Homes Residential Project. The Final EIR was completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq and the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq. The City certifies that it has been presented with the Final EIR and that it has reviewed and considered the information in the Final EIR prior to approving the Shea Homes Rcsidential Project, as set forth herein. The City further certifies that the Final EIR reflects the independent judgment and analysis of the City of Santa Ana. The Final EIR consists of the Draft EIR, the Responses to Comments Report and the project Mitigation Monitoring Program (MMP). 2.0 FINDINGS Having received, reviewed and considered the information in the record before it, including the Final EIR, which is hereby incorporated by reference, the following Findings are hereby adopted by the City as required by CEQA (specifically, CCR, Title 14, Sections l509l through 15093) in conjunction with the approval of the project, which is set forth below. The City is the Lead Agency for the environmental documentation for the project evaluated in the Final ElR. Based on the substantial evidence in the record before it, the City finds that the Draft and Final EIRs were prepared in compliance with CEQA and the CEQA Guidelines. The City finds that it has independently reviewed and analyzed the Draft EIR and the Final EIR for the Shea Homes Residential Project, that the Draft EIR which was circulated for public review reflected its independent judgment and that the Final ErR reflects the independent judgment of the City. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of the adoption of these Findings, concerning the potential environmental impacts identified and analyzed in the Final EIR. In addition, the City has reviewed and considered the Mitigation Monitoring Program (MMP) for the project, which is contained in the Final EIR and which describes the process to ensure implementation of the mitigation measures that have been incorporated in the approved project to reduce or avoid significant adverse impacts of the project on the environment. The MMP will ensure CEQA compliance during project implementation. 3.0 ENVIRONMENTAL REVIEW PROCESS 3.1 PROJECT BACKGROUND AND OBJECTIVES The Shea Homes Residential Project site is located at 2800 North Farmers Drive within the northeastern part of the City of Santa Ana, Orange County California. The project site is bounded by the Santa Ana Freeway to the north and Farmers Drive to the west. Page 1 75C-124 Shea Homes Residential Project Findings and Facts in Support oj Findings Environmental Impact Report The proposed project involves the development of 36 single family dwellings. The objectives for the Shea Homes Residential Project are to: . To provide additional single family detached housing opportunities in the northeastern area of the City of Santa Ana. · Provide a residential community that would be compatible in scale and design with existing residential uses in the project area. . To provide a planned community oflarge single family homes on large lots. · To provide infill housing opportunities on one of the last remaining vacant parcels in the City. The City of Santa Ana is the Lead Agency for the EIR, as defined by Section 21067 of CEQA. The City of Santa Ana has determined that the EIR is required for the Shea Homes Residential Project pursuant to Section 15063 of the CEQA Guidelines to assess the potential impacts resulting from approval of the project and other discretionary actions necessary for its implementation. This EIR is intended to serve as a project EIR for the Shea Homes Residential Project Tentative Tract Map approval and other related implementation actions. To implement the project, the City and/or other public agencies may consider various actions, permits and approvals. Other agencies may also consider the EIR in the review of project permits or other actions. The potential actions, permits and approvals for the proposed project are anticipated to include the following: · Zone Change to Specific Development (SD) Zone. · Compliance with California Subdivision Map Act and approval Tentative/Final Tract Maps 3.2 DRAFT ENVIRONMENTAL IMPACT REPORT 3.2.1 Initial Study and Notice of Preparation The City of Santa Ana distributed a Notice of Preparation (Nap) of an EIR and an Initial Study (IS) for the Shea Homes Residential project on June 1, 2005 for a 30-day review period. The Nap/IS was distributed to the State Clearinghouse Office of Planning and Research, public agencies, neighborhood associations and other interested parties in the project area. The Nap/IS is provided in Appendix A of the Draft EIR. The City of Santa Ana received two written responses to the Nap. Copies of these comment letters are provided in Appendix A of the Draft EIR. Page 2 75C-125 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report 3.2.2 Draft EIR Circulation of the Draft EIR The City of Santa Ana circulated the Draft EIR for the Shea Homes Residential Project for public review between August 9, 2005 and September 22, 2005. The Responses to Comments Report (RTC) documents the public review and comment period for the Draft EIR. The Notice of Availability (NOA) for the Draft ErR is provided in Appendix A of the RTC Report. The NOA was published in the Orange County Register on August 9, 2005, and filed with the Orange County Clerk. Written Comments The written comments received on the Draft EIR included comment letters and written comments provided to the Planning Commission during the public hearing. Written comments on the Draft EIR for the Shea Homes Residential Project were received from the following: . Southern California Association of Governments . Orange County Sanitation District . California Department of Transportation . County of Orange Planning Commission Public Hearing A public hearing was held on the Draft EIR for the Shea Homes Residential Project as part of the regularly scheduled August 22, 2005 City of Santa Ana Planning Commission meeting. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to receive public comments on the Draft ElR. The minutes from the public hearing is provided in Appendix B of the RTC Report. Second Planning Commission Public Hearing A second public hearing with the Santa Ana Planning Commission was held on the Final EIR for the Shea Homes Residential Project on October 10,2005. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to review response to comments on the Draft EIR and to receive additional public comments on the Draft EIR. There were no additional comments raised by the public on the Final EIR. At the conclusion of the meeting, the Santa Ana Planning Commission recommended the City Council certify the Final EIR for the Shea Homes Residential project. The minutes from the public hearing is provided in Appendix C of the RTC Report. Page 3 75C-126 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Written Responses to Written Comments The City evaluated the comments on environmental issues received from persons who reviewed the Draft EIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised in these comments. As required by CEQA, the City has provided to each of the public agencies that commented on the Draft EIR responses to the comments received from that agency at least ten days prior to the certification of the Final EIR. The Final EIR provided adequate, good faith and reasoned responses to the comments. Pursuant to Section 15088.5 of the CEQA Guidelines, a lead agency is required to recirculate an ElR when significant new information is added to the EIR after the Notice of Availability is given, but before certification. The term "new information" specifically includes: (i) (ii) (iii) Changes to the project, Changes in the environmental setting or Additional new data or other information. Section 15088.5 of the CEQA Guidelines further provides that".. .new information added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." The City has reviewed the comments received on the Draft EIR and the responses to those comments as well as other text changes and references that have been incorporated into the Final EIR. Since the release of the Draft EIR for public review, there have been no changes to the project; no changes in the environmental setting; and no additional data or information were added to the EIR which would deprive the public of a meaningful opportunity to comment on the project. Therefore, having reviewed the information contained in the Draft and Final EIRs and in the administrative record, as well as the requirements under Section 15088.5 of the CEQA Guidelines regarding recirculation of Draft EIR, the City hereby finds that there is no new significant information and no need to recirculate the Draft ElR. Therefore, the Final EIR has been prepared and considered by the City. 3.3 FINAL ENVIRONMENTAL IMPACT REPORT The City has prepared a Final EIR for the Shea Homes Residential Project. In accordance with the requirements ofCEQA and the CEQA Guidelines, the Final EIR consists of: (a) The Draft EIR; (b) Clarifications, Comments and recommendations received on the Draft EIR, provided in the RTC Report; (c) A list of persons, organizations and public agencies commenting on the Draft EIR, provided in the RTC Report; Page 4 75C-127 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report (d) The City's responses to the comments received on the Draft EIR, provided in the RTC Report; (e) The Final MMP and (I) Other information added by the City, including all documents incorporated by reference. 4.0 PROJECT IMPACTS AND DISPOSITION OF RELATED MITGATION MEASURES IDENTIFIED IN THE FINAL EIR The analysis in the Final EIR identifies all the significant adverse environmental impacts of the Shea Homes Residential Project. All the mitigation measures identified in the Final EIR are included in the project approval and are made conditions of the Shea Homes Residential Project. The following Findings are made with respect to each significant adverse environmental impact of the Shea Homes Residential Project. In addition, the following Findings provide a description of the potential adverse impacts of the project and the mitigation measures in support of the Findings. Potentially significant adverse impacts of a project can be divided into two categories: . Potentially significant adverse impacts which can be partially mitigated, but not to below a level of significance. As described later in these Findings, the Shea Homes Residential Project would result in significant adverse impacts, which cannot be mitigated to below a level of significance. . Potentially significant adverse impacts, which can be mitigated to below a level of significance, based on implementation of identified project enhancement measures, project mitigation measures and/or City of Santa Ana standard conditions of approval. For each potentially significant adverse impact of the Shea Homes Residential Project, one of the following findings must be made, including the provision of facts supporting each finding: . Mitigation measures have been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. . Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. . Specific economic, legal, social, technological or other considerations make infeasible the mitigation measures or project alternatives identified in the Final ErR. 4.1 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE SHEA HOMES RESIDENTIAL PROJECT, WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Page 5 75C-128 Shea Homes Residential Project Findings and Facts in Support oj Findings Environmental Impact Report Potentially significant adverse impacts of the Shea Homes Residential Project, which cannot be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the Shea Homes Residential Project would not be mitigated to below a level of significance, after implementation of the project mitigation measures. A Statement of Overriding Considerations (SOC) has been prepared to address these unavoidable significant adverse impacts of the Shea Homes Residential Project, as described later in Section 7.0 (Statement of Overriding Considerations). 4.1.1 Impacts Related to Exterior Living Area Noise Impacts Potentiallv Significant Adverse Impact Related to Noise Impacts As described in Section 5.3 in the EIR, the Shea Homes Residential Project would be subject to noise impacts exceeding the City's exterior living area noise standard. Finding Related to Noise Impacts Specific economic, legal, social, technological or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR to reduce unavoidable significant impacts to a level that would be less than significant. Facts in Support of the Finding Related to Noise Impacts There are no feasible mitigation measures or project alternatives to reduce the exterior living area noise impacts of the project to a level that would be less than significant. Therefore, the exterior living area noise impacts associated with the Shea Homes Residential Project would be significant and unavoidable. Compliance with the following project mitigation measures would lessen exterior living area noise impacts, but not to a level that would be less than significant. N-4. The building plans for the proposed project shall reflect a 20-foot noise wall along the northeastern boundary of the project a site. The noise wall shall have a surface density of at least 3.5 pounds per square foot and shall no openings or gaps. The noise wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch Plexiglas, any masomy material, or a combination of these materials. 4.2 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE SHEA HOMES RESIDENTIAL PROJECT, WHICH CAN BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the Shea Homes Residential Project, which can be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the project would be mitigated to below a level of significance, after implementation of the identified project mitigation measures. 4.2. 1 Impacts Related to Aesthetics Page 6 75C-129 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Potentiallv Significant Adverse Aesthetic Impacts The size and mass of the proposed sound wall would result in an adverse aesthetic impact. Findings Related to Aesthetic Impacts A mitigation measure has been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Aesthetic Impacts Implementation of Mitigation Measure A-I below would substantially lessen the adverse aesthetic impacts of the Shea Homes Residential Project related to the proposed sound wall, to a level that would be less than significant. A-I The proposed project shall incorporate architectural elements and landscape treatments in and around the sound wall. The proposed treatment shall be approved by the Planning Division prior to the issuance of grading permits. Level of Significance ofImpacts Related to Aesthetic Impacts The adverse impacts of the Shea Homes Residential Project related to aesthetic impacts would be mitigated to below a level of significance based on the implementation of Mitigation Measure A-I, provided above. 4.2.1.2 Potentiallv Significant Adverse Aesthetic Light and Glare Impacts Implementation of the proposed project would introduce new sources of light and glare into the project area. To minimize light and glare impacts on adjacent land uses, onsite lighting would need to be located so that all direct rays are confined to the project site. To ensure lighting is confined to the project site the following mitigation measure shall be implemented. Findings Related to Aesthetic Light and Glare Impacts A mitigation measure has been incorporated into the project, which avoids or substantially lessens the significant environmental effect as identified in the EIR. Facts in Support ofthe Finding Related to Aesthetic Light and Glare Impacts Implementation of Mitigation Measure A-2 below would minimize adverse light and glare impacts of the Shea Homes Residential Project. A-2 Building Plans for the proposed project shall reflect that onsite lighting on the project site is located in such a manner that the direct rays of the lighting are confined to the property and would not spill over to adj acent residential areas. Page 7 75C-130 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Level of Significance ofImpacts Related to Aesthetic Light and Glare Impacts The adverse impacts of the Shea Homes Residential Project related to aesthetic light and glare impacts would be minimized with the implementation of Mitigation Measure A-2, provided above. 4.2.2 Impacts Related to Impacts to Cultural Resources Even though the project site has been previously graded there is the potential that unknown archaeological resources and/or unknown human remains could be encountered and impacted significantly during grading operations. Findings Related to Cultural Resources A mitigation measure has been incorporated into the project, which avoids, or substantially lessens the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Cultural Resources Implementation of Mitigation Measure C-l would reduce the adverse significant impacts of the Shea Homes Residential Project related to impacts to unknown cultural resources to a level that would be less than significant. . C-l In the event unknown cultural resources are encountered, all earthwork activities in the area of the finding shall halt and the City of Santa Ana Environmental coordinator shall be contacted for appropriate action. Level of Significance of Impacts Related to Cultural Resource Impacts The adverse impacts of the Shea Homes Residential Project related to cultural resource impacts would be mitigated to below a level of significance based on the implementation of Mitigation Measure C-l, provided above. 4.2.3 Impacts Related to Impacts to Geology Construction operations associated with the proposed project would involve earthwork activity that could potentially result in erosion impacts. Findings Related to Geologv A mitigation measure has been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Geologv Page 8 75C-131 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Implementation of Mitigation Measure G-l would substantially lessen the adverse impacts of the Shea Homes Residential Proj ect related to erosion impacts to a level that would be less than significant. G-l Prior to issuance of grading permits the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes a copy of the project's permit issued by the State Water Resources Control Board that identifies the project's permit number and two copies of the Storm Water Pollution Prevention Plan. Level of Significance ofImpacts Related to Geologv Impacts The adverse impacts of the Shea Homes Residential Project related to geologic impacts would be mitigated to below a level of significance based on the implementation of Mitigation Measure G-l, provided above. 4.2.3.1 Impacts Related to Impacts to Geology According to the preliminary geotechnical report prepared for the project site, the soil conditions on the project site are suitable for the development of the proposed project. However, a construction-level geotechnical report would be needed to evaluate site specific soil liquefaction constraints, soil conditions, building load requirements and to identify design recommendations to ensure the geotechnical stability of the project site. Findings Related to Geologv A mitigation measure has been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Geology Implementation of Mitigation Measure G-2 below would substantially lessen the adverse impacts of the Shea Homes Residential Project related to geology impacts to a level that would be less than significant. G-2 Prior to issuance of grading permits a construction-level geotechnical report shall be submitted for review and approval to the Building Department and/or Public Works Agency. The report shall address the potential for seismically induced soil liquefaction and soil instability. Based on the study detailed grading recommendations and foundation design criteria shall be provided. Level of Significance ofImpacts Related to Geologv Impacts The adverse impacts of the Shea Homes Residential Project related to geologic impacts would be mitigated to below a level of significance based on the implementation of Mitigation Measure G-2, provided above. Page 9 75C-132 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report 4.2.4 Impacts Related to Impacts to Hazards/Hazardous Materials Potentiallv Significant Adverse Impacts Related to Hazards/Hazardous Materials There is slight possibility that the existing underground jet fuel line could become active. As a precaution, future property owners would be disclosed of the fuel line. During construction operations there is the potential that the jet fuel line could be damaged. Findings Related to impacts to HazardslHazardous Materials Mitigation measures have been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts Hazards/Hazardous Materials Implementation of Mitigation Measures H-l, H-2 and H-3 provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to Hazards/Hazardous Materials, and would reduce this potentially significant adverse impact to below a level of significance. H -1 During construction operations near the jet fuel pipeline, a representative from the Department of Defense shall be present to monitor construction activities to ensure that no damage occurs to the jet fuel line. H-2 Prior to the recordation of final subdivision maps, a special disclosure statement of the presence of the jet fuel line is required to be provided on subdivision maps and deeds for the project. H-3 Prior to issuance of grading permits the project developer shall submit to the City of Santa Ana planning Division a letter from the Department of Defense and Cal Trans that adequate access is provided to the Department of Defense fuel line and the Cal Trans sound wall. Level of Significance of Impacts Related to HazardslHazardous Materials The adverse impacts of the Shea Homes Residential Project related to Hazards/Hazardous Materials would be mitigated to below a level of significance based on the implementation of Mitigation Measures H-l, H-2 and H-3, provided above. 4.2.5 Impacts Related to Impacts to Water Quality Potentiallv Significant Adverse Impacts Related to Water Oualitv Implementation of the proposed project could potentially result short-term construction related water quality impacts and long-term operational water quality impacts. Page 10 75C-133 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Findings Related to impacts to Water Oualitv Mitigation measures have been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts to Water Oualitv Implementation of Mitigation Measures WQ-l, WQ-2 and WQ-3 provided below, would substantially lessen the adverse water quality impacts of the Shea Homes Residential Project to a level that would be less than significant. WQ-l Prior to the issuance of grading permits, the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit, which includes a copy ofthe project permit number and two copies ofthe Storm Water Pollution Prevention Plan. WQ-2 Prior to issuance of grading permits the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation plan. WQ-3 Prior to the issuance of grading permits the project developer shall provide two copies of the Water Quality Management Plan that include the following: (1) Site Assessment (2) Site design BMPs (3) Applicable Routine Source Control BMPs (4) Selection and sizing of Treatment Control BMPs (5) Mechanisms by which funding for long-term operation and maintenance of Structural BMPs will be provided (6) Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable Structural BMPs and to identify the entity in charge of implementation. Level of Significance ofImpacts Related to Water Oualitv The adverse impacts of the Shea Homes Residential Project related to Water Quality would be mitigated to below a level of significance based on the implementation of Mitigation Measures WQ-l, WQ-2 and WQ-3, provided above. 4.2.6 Impacts Related to Impacts to Hydrology Potentiallv Significant Adverse Impacts Related to Hvdrologv Page 11 75C-134 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report The Public Works Department has preliminary determined that it is feasible that existing drainage facilities within the project area would be able to provide adequate drainage for the project. If existing drainage facilities are not adequate adverse drainage impacts could occur. Findings Related to Impacts to Hvdrologv A mitigation measure has been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to Impacts to Hvdrologv Implementation of Mitigation Measure HY-l provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to hydrology impacts, and would reduce this potentially significant adverse impact to below a level of significance. HY -I Prior to issuance of grading permits the project developer shall submit a final run-off evaluation for review and approval showing the existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. Level of Significance ofImpacts Related to Hvdrologv The adverse impacts of the Shea Homes Residential Project related to Hydrology would be mitigated to below a level of significance based on the implementation of Mitigation Measure HY-l, provided above. 4.2.8 Impacts Related to Impacts to Air Quality Potentiallv Significant Adverse Impacts Related to Air Oualitv Implementation of the proposed project would result in less than significant long-term and short- term air quality impacts. However dust impacts from construction operations could be nuisance to nearby residential land uses. Additionally, future residents of the project would be exposed to diesel particulate matter. Findings Related to impacts to Air Oualitv Mitigation measures have been incorporated into the project, which avoid or substantially lessen the project impacts identified in the EIR. Facts in Support ofthe Finding Related to Impacts to Air Oualitv Implementation of Mitigation Measures AQ-l, AQ-2 and AQ-3 provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to air quality impacts. Page 12 75C-135 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report AQ-l To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans for the proposed project shall reflect the following notes: . All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. . All clearing and earthwork acl1vll1es shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. . Streets surrounding the project site should be cleaned at the end of each day of construction. · The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. · Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. AQ-2 Prior to the building permit final, a disclosure statement on the risks and potential exposure to Particulate Diesel Matter shall be provided on all final subdivision maps grant deeds for the proj ect. AQ-3 Prior to commencement of construction activities, the project developer shall identify to the City a construction relation officer to act as a community liaison concerning onsite construction activity impacts. The name and phone number of the construction relation officer shall be posted on the project site. Level of Significance ofImpacts Related to Air Oualitv The adverse impacts of the Shea Homes Residential Project related to air quality would be minimized based on the implementation of mitigation measure AQ-l, AQ-2 and AQ-3 provided above. 4.2.8 Impacts Related to Interior Living Area Noise Impacts Potentiallv Significant Adverse Noise Impacts Related to Interior Living Areas Implementation of the proposed project would result in interior living areas being significantly impacted with traffic noise. Findings Related to Noise Impacts to Interior Living Areas Page 13 75C-136 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Mitigation measures have been incorporated into the project, which avoid or substantially lessen the project impacts identified in the EIR. Facts in Support of the Finding Related to Noise Impacts to Interior Living Areas Implementation of Mitigation Measures N-5, N-6, N-7, N-8 and N-9 provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to interior living area noise impacts to a level that would be less than significant. N-5. Building plans for all residential units shall reflect the following construction details: . The roof/ceiling assembly shall incorporate concrete or composition tiles on the exterior and a minimum Yz" gypsum drywall on the interior surface of the living area. Roofs shall be sloped and attic spaces shall be insulated with fiberglass insulation. . Exterior walls shall be wood stud construction with stucco exteriors and a minimum Yz" gypsum drywall on the interior. All exterior walls shall include fiberglass insulation in the stud cavities. . All operable windows shall have a rating ofSTC-24. All fixed windows shall have a rating ofSTC-28. . All entry doors shall have a rating of STC-28. N-6. The building plans for the Traditions Plan 2 on Lots 10, 22 and 27 shall reflect the following construction details: . The Retreat shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-26 or STC-28. · The Library shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC 35. All fixed windows shall have a rating ofEWNR-36 or STC-40. All entry doors shall have a rating ofEWNR-29 or STC-32. · Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC-35. All fixed windows shall have a rating ofEWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. N-7. The building plans for the Renaissance Plan 3 on Lots 11,23, and 26 shall reflect the following construction details: . The Retreat shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-26 or STC-28. Page 14 75C-137 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report . Bedroom 2 shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC-35. All fixed windows shall have a rating ofEWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. . Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC-35. All fixed windows shall have a rating ofEWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. N-8 The building plans shall reflect that mechanical ventilation shall be provided for residential units located on residential Lots 6, 7, 8, 9,10,11,12,13,14,15,19,20,21,22, 23,24,25,26,27,28,29,30. N-9 Prior to the building permit final forresidentiallots 10,11,12,22,23,26 and 27, the project developer, at their sole expense, shall conduct a noise monitoring analysis to ensure that the residential units on residential lots 10, 11, 22, 23, 26 and 27 achieve an interior noise level of 45 CNEL. Level of Significance of Impacts Related to Interior Living Area Noise Impacts The adverse impacts of the Shea Homes Residential Project related to air quality would be reduced to a less than significant level with the implementation of Mitigation Measures N-5, N-6, N-7, N-8 and N-9, provided above. 4.2.9 Impacts Related to Construction Noise Impacts Potentiallv Significant Adverse Impacts Related to Construction Noise Impacts Implementation of the proposed project would result in significant construction noise impacts, if the project does not adhere to the City's Noise Ordinance. Findings Related to Noise Impacts to Construction Noise Impacts Mitigation measures have been incorporated into the project, which avoid or substantially lessen the project impacts identified in the EIR. Facts in Support of the Finding Related to Construction Noise Impacts Implementation of Mitigation Measures N-l, N-2, and N-3, provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to construction noise impacts. N-l Grading Plans and Building Plans for the proposed project shall note that construction activities on the project site shall take place between the hours of7:00 a.m. and 8:00 p.m. Monday through Friday and 8:00 a.m. to 8:00 p.m. on Saturdays and no construction activity on Sundays or federal holidays. No construction equipment on the project site Page 15 75C-138 Shea Homes Residential Project Findings and Facts in Support oj Findings Environmental Impact Report shall operate including warming up until after 7:00 a.m. Monday through Friday and after 8:00 a.m. on Saturdays. N-2 Grading Plans and Building Plans for the proposed project shall note that all construction equipment shall be properly maintained and tuned to minimize noise emissions, N-3 Grading Plans and Building Plans for the proposed project shall note that all equipment shall be fitted with properly operating mufflers and air intake silencers. Level of Significance of Impacts Related to Construction Noise Impacts The adverse impacts of the Shea Homes Residential Project related to construction noise impacts would be minimized with the implementation of Mitigation Measures N-l, N-2, and N-3, provided above. 4.3 IMPACTS FOUND NOT TO BE SIGNIFICANT OR LESS THAN SIGNIFICANT The City finds that, based on substantial evidence in the record, discussed below, the following impacts associated with the Shea Homes Residential Project are less than significant and no mitigation is required. An Initial Study (IS) was completed at the beginning of the environmental review process for the proposed project, to identify those impacts that could be potentially significant and adverse and which required further study in an EIR. The IS also provided analysis on the environmental impacts of the project that were determined to be less than significant due to the identification and incorporation of mitigation early in the process or based on compliance with existing regulations. The findings of the IS are summarized in Section 4.0 (Effects Found Not to be Significant) in the EIR. The EIR and IS determined, based on substantial evidence in the record, that the following effects of the project would have no significant adverse or no adverse impact on the environment. 4.3.1 Aesthetics The project site is situated within an urban setting. According to the City's General Plan, the project site is void of any scenic vistas or scenic resources. Additionally, there are no aesthetic resources located along a State Highway within the vicinity of the project site. Implementation of the proposed project would not result in significant impacts to any scenic vista or scenic resource on the proj ect site. 4.3.2 Agriculture According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site does not contain Unique Farmlands, Prime Farmlands or Farmlands of Statewide Importance. Based on the City's General Plan, the project site is not planned for agricultural uses. Additionally, the project site is not included within any existing Williamson Contracts. A site visit conducted by the City's Environmental Coordinator confirmed the project Page 16 75C-139 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report site is currently not in agriculture production. Implementation of the proposed project would not result in adverse impacts to any agriculture resources. 4.3.3 Air Quality The operation of the proposed project would not generate objectionable odors to the public. During construction operations some objectionable odors could be emitted from construction equipment. However, the potential odor impacts would be short-term and would be considered less than significant. 4.3.4 Biological Resources The project site is situated within an urban setting. According to the California Department of Fish and Game Natural Diversity Data Base and the City's Updated General Plan Land Use Element EIR, there are no sensitive biological resources located on or within the nearby vicinity of the project site. Implementation ofthe proposed project would not result in any adverse impacts to any sensitive biological resources. 4.3.5 Cultural Resources The project site is currently vacant and void of any structures. Implementation of the proposed project would not result in significant impacts to any historical structures. According to the City's Updated General Plan Land Use Element EIR, the project site is not located in an area where paleontological resources are known to exist. Given the age and geology of the project area, it is unlikely that unknown paleontological resources would exist on the project site. Implementation of the proposed project would not result in adverse impacts to any paleontological resource. 4.3.6 Geology/Soils According to the geotechnical report prepared in association with previously approved Mitigated Negative Declaration ER 01-24 there are no known active faults or landslides on the project site. Implementation of the proposed project would not increase the risk for ground rupture or landslide impacts. According to the geotechnical report prepared in association with previously approved Mitigated Negative Declaration ER 01-24 the project site does not contain any unique geologic features. The proposed project would connect to existing sewer systems within the project area. No impacts associated with the use of septic tanks or alternative wastewater disposal systems would occur. 4.3.7 Hazards The construction and operation of the proposed project would not involve the emission of hazardous or acutely hazardous materials. Page 17 75C-140 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report According to previously approved Mitigated Negative Declaration ER 01-24, the project site is not identified as a hazardous material site, pursuant to Section 659662.5 of the Government Code. Implementation of the project would not create a significant hazard to the public or the environment. According to the Orange County Airport Environs Land Use Plan, the project site is not located within an accident potential zone or clear zone. Additionally, the City's General Plan does not identify that the project site is located within a FAA Notification Area. Implementation ofthe proposed project would not result in any airport related safety hazards to people residing in or working within the project area. 4.3.8 Hydrology and Water Quality Ground water is at a depth where the proposed project would not impact groundwater supplies. Additionally, the proposed project would not interfere with ground water recharge because the site is not located in an area that is known to recharge the ground water system. Implementation of the proposed project would not result in significant impacts to any underground water supplies. The project site is located entirely in Zone X, which is defined as areas beyond the limits of the 100- year flood hazard. 4.3.9 Land Use The proj ect site is currently vacant and was the former location of a commercial office use. The project site is surrounded by low density residential land uses to the south and to the west. The long-term operation of the proposed project would be compatible with existing residential land uses in the area. Less than significant land uses impacts would be associated with implementation ofthe proposed project. The proposed project is consistent with the General Plan. According to the City's General Plan, the project site is not included within any habitat conservation plan or any natural community conservation plan. Implementation of the proposed project would not be in conflict with any habitat conservation plan 4.3.10 Mineral Resources According to the City's Updated General Plan Land Use Element ErR there is no areas in Santa Ana that are designated significant Mineral Aggregate Resource Areas. Implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. 4.3.11 Noise According to the Orange County Airport Land Use Commission Airport Environs Land Use Plan for John Wayne Airport, the project site is not impacted with high levels of aircraft noise. Page 18 75C-141 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report 4.3.12 Population and Housing The proposed project is consistent with the City's General Plan. The increased population and housing stock generated by the proposed project would not significantly exceed the local and regional housing and population projections for the City of Santa Ana. There are no existing residential uses located on the property. Implementation of the proposed project would not displace any existing onsite residential uses or any offsite residential uses surrounding the project site. 4.3.13 Public Services The proposed project would not substantially increase the demand for fire protection and emergency medical services. The Santa Ana Fire Department has indicated that it does not anticipate any significant constraints in providing fire protection and emergency medical services to the proposed project. Implementation of the proposed project would not significantly increase the demand for police protection services or increase the existing response times within the project area. The Santa Ana Police Department has indicated that under existing levels of manpower and equipment, they would have the ability to provide adequate police protection services. The payment of impact fees to the SAUSD would reduce project-related impacts to school services within the SAUSD to a level considered less than significant. The proposed project would not significantly increase the demand for park uses. To help maintain and/or expand recreation facilities within the City, the proposed project would be subject to the City's park acquisition and development impact fee. With the payment of park fees, potential impacts to park and recreation facilities would be less than significant. 4.3.14 Recreation Implementation of the proposed project would not significantly increase the demand for recreational facilities. With the payment of park acquisition and development impact fees, potential park and recreation impacts would be less than significant. 4.3.15 Transportation The traffic volumes generated by the project would not exceed the projections in the City's Circulation Element and would not reduce the level of service of any projcct area intersection or roadway segment to an unacceptable level. Implementation of the proposed project would not result in any changes to air traffic patterns. Nor would the proposed project result in any substantial safety risks related to aircraft traffic. Both the Fire Department and Police Department have indicated that the proposed project would not pose any emergency access constraints. Page 19 75C-142 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report The proposed project includes a mix of two car and four car garages. Each residential dwelling unit would be provided with four parking spaces. Implementation of the proposed project would not result in an adverse parking impact. The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Implementation of the proposed project would not displace any existing modes of public transportation provided within the project area. 4.3.16 Utilities According the Santa Ana Water Department there is adequate water supplies to meet the water demands of the proposed project. The Water Department has indicated that water demands of the proposed project could be provided through connections to the existing 8" water main along Farmers Drive. According the Santa Ana Water Department there is adequate capacity to meet the wastewater demands of the proposed project. The Water Department has indicated that wastewater demands of the proposed project could be provided through the construction of new connections to the existing 8" sewer main along Farmers Drive. The proposed project would not require an expansion of the treatment capacity at Reclamation Plant I. Nor would the wastewater flows from the project exceed wastewater treatment requirements ofthe State Regional Water Quality Control Board. Implementation of the proposed project would increase the amount of surface water runoff generated from the project site. The project would require the construction of new onsite drainage facilities. However, the construction of these facilities would not cause significant impacts to the environment. The proposed project would have a solid waste disposal demand of 345 pounds per day which would have less than significant impact on solid waste disposal service. 5.0 MITIGATION MONITORING PROGRAM When making findings, CEQA requires that a lead agency must adopt a reporting or monitoring program for the changes to the project that it has adopted or made a condition of project approval in order to ensure compliance during project implementation. The Mitigation Monitoring Program (MMP) for the Shea Homes Residential Project, accompanying the Final EIR, is designed to serve this purpose for the mitigation measures identified in the Final ErR. The MMP requires the City to monitor mitigation measures designed to reduce or eliminate significant adverse project impacts, as well as those mitigation measures designed to reduce environmental impacts that are less than significant. The MMP includes all mitigation measures identified in the Final ErR and has been designed to ensure compliance during implementation of the project. Page 20 75C-143 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report The City finds that the impacts of the project have been mitigated to the extent feasible by the mitigation measures identified in the Final EIR and the MMP. The City adopts the MMP for the Shea Homes Residential Project. The MMP designates responsibility and the anticipated timing for the implementation of mitigation measures and conditions within the jurisdiction of the City of Santa Ana. That MMP is hereby adopted and its implementation is made a condition of approval of the Shea Homes Residential Project. The City approves and will implement all the mitigation measures in the Final ElR. 6.0 ALTERNATIVES An ElR prepared pursuant to CEQA and the CEQA Guidelines must describe and comparatively evaluate a range of alternatives to the proposed project (Section 15126.6 of the CEQA Guidelines). Analysis of every possible alternative or options or combination of options would overburden the EIR with an urmecessary amount of detail that would be redundant and complex and would, as a result, fail to provide meaningful information for the City to consider in its review of the project. To develop alternatives that are analyzed in the EIR, a list of potential alternatives was prepared. For this analysis, the project alternatives were evaluated to determine the extent to which they meet the basic project objectives, while avoiding or substantially lessening any significant adverse impacts of the proposed project. Those alternatives, which met the basic objectives and avoided or lessened adverse project impacts, were advanced for further evaluation in the ElR. Those alternatives, which did not meet the basic objectives or which did not lessen adverse project impacts, were not advanced in the EIR for further evaluation. 6.1 ALTERNATIVES CONSIDERED BUT NOT ADVANCED IN EIR FOR FURTHER EVALUATION Potential alternatives to the Shea Homes Residential Project were considered by the City but were not advanced for further evaluation in the EIR. The alternatives failed to carry out the goals and objectives of the proposed project. The reasons the alternatives were not advanced are described in the following Sections. 6.1.1 Alternative Location Because the City of Santa Ana is nearly built out, very little opportunity exists for an alternative site to be developed that meets the same or similar objectives of the project and which is designated for single family residential uses by the City's General Plan and Zoning Ordinance. Because of the limited availability of land in the City, the Alternative Location Alternative was not advanced for further review in the EIR. 6.1.2 Commercial Office Development Previously, located on the project site was a commercial office use. The Commercial Office Development Alternative would not be consistent with the General Plan and would not meet the objectives of the project to provide residential uses on the project site. Therefore, the Commercial Office development Alternative was not advanced for further review in the EIR. Page 21 75C-144 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report 6.2 AL TERNA TIVES ADVANCED FOR FURTHER EVALUATION IN THE EIR 6.2.1 No ProjectlExisting Conditions Alternative Under the No Project Alternative, the project site would be developed in accordance with the City's current Single Family Residential (R-l) zoning on the property. Under the current zoning, a total of 36 residential units could be developed. Additionally, the R-l zoning would only permit a maximum 8-foot sound wall to be constructed along the rear yards of residential uses adjacent to the Santa Ana Freeway, unless a variance was granted. Therefore, the existing lO-foot to l6-foot CalTrans sound wall would provide the primarily sound attenuation for the proposed residential uses. Under the No Project Alternative, the project would not be able to meet the City's exterior noise standard and the second story of residential units adjacent to the sound wall would not be able to meet the City's interior noise standard. Because the alternative would not reduce the significance of noise impacts, the No Project Alternative would not be considered an environmentally superior alternative. 6.2.2 Compliance with Noise Standards by Construction of Sound Wall Alternative Under the Compliance with Noise Standards by Construction of Sound Walls Alternative, the proposed project would be able to comply with the City's exterior and interior noise standards through the construction of a sound wall ranging in height from l6.5-feet to 50-feet. However, the City has determined that a sound wall exceeding 20-feet would result in significant aesthetic impacts and would not be feasible to construct. While the alternative would allow the project to comply with the City's noise standards, it would result in significant aesthetic impacts. Because the project would still have unavoidable significant impacts, the Compliance with Noise Standards by Construction of Sound Walls Alternative would not be considered environmentally superior. 6.2.3 Compliance with Noise Standards by Building Setback Alternative Under the Compliance with Noise Standards by Building Setback Alternative, the proposed project would be able to comply with the City's exterior noise standard by locating the proposed residential units at a distance where the project would be within 65 CNEL contour. However, in order to do this, the residential units would need to be located 3,497-feet away from the existing sound wall on the project site. At this distance the 65 CNEL would extend beyond the property and would preclude the development of residential uses on the project site. Because the project would not meet the objective to provide residential uses on the project site, the compliance with Noise Standards by Building Setback Alternative would be not considered environmentally supenor. 6.3 COMPARISON OF IMPACTS Table 1 compares potentially significant impacts ofthe Shea Homes Residential Project with the No Project Alternative, Sound Wall Alternative and the Building Setback Alternative. Page 22 75C-145 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Table 1 Shea Homes Residential Project and Project Alternative Impact Comparison Sound Wall Building Impact Category Proposed Project No Project Alternative Setback Alternative Aesthetics Less than Less Than Significant Less Than Significant with Significant with Impact Significant with Mitigation Mitigation. Mitigation. Slightly less Slightly less impacts impacts compared to compared to proposed proposed oroi ect oroiect Noise Significanl Impact Significant Less than Less than Impact. Significant. Less Significant. Comparable Noise impacts Less Noise impacts to compared to impacts proposed proposed compared to project. project. proposed . project. Air Quality Less Than Less Than Less Than Less Than Significant with Significant with Significant with Significant with mitigation mitigation. mitigation. mitigation Less Impacls Impacts Diesel comparable to comparable to Particulate proposed proposed Matter Impacts project. project. compared to Proposed Proiect Hazards Less than Less than Less than Less than significant with significant with significant with significant with mitigation mitigation. mitigation. mitigation. Impacts Impacts Impacts comparable to comparable to comparable to proposed proposed proposed proiect. proi ect. project. 6.4 ENVIRONMENTALLY SUPERIOR ALTERNATIVE The proposed project would be subject to unavoidable significant noise impacts to exterior living areas. The implementation of the Sound Wall Alternative and the Building Setback Alternative would reduce the exterior living area noise impacts to a level that would be less than significant. However, additional significant impacts would occur and the project objectives would not be achieved. With this consideration, the Proposed Project would provide the highest feasible level of sound attenuation to minimize the unavoidable exterior living area noise impacts while meeting the objectives of the project. Therefore, the Proposed Project is considered the Environmentally Superior Alternative. Page 23 75C-146 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS Section l5093(b) of the CEQA Guidelines provides that when the decision ofa public agency results in the occurrence of unavoidable significant adverse impacts identified in the Final EIR, the public agency must state in writing the reasons to support its actions based on the Final EIR and/or other information in the record. The City of Santa Ana has considered the benefits of the Shea Homes Residential Project against its unavoidable adverse environmental impacts associated with it, and has determined that the benefits the City would realize through the development of the Shea Homes Residential Project would outweigh the unavoidable significant adverse environmental impacts of the project. Each of the separate benefits of the project is stated below, and provides the basis for overriding the unavoidable adverse impact, identified in these Findings. (a) The proposed project is consistent with the General Plan and would implement the following General Plan Policies; . Support new development which is harmonious in scale and character with existing development in the area. . Support development which provides a positive contribution to neighborhood character and identity. . Encourage new development and/or additions to eXlstmg development that are compatible in scale, and consistent with the architectural style and character of the neighborhood. . Protect the community from incompatible land uses. . Support land uses which are consistent with the Land Use Plan of the Land Use Element. . Encourage development which is compatible with, and supportive of surrounding land uses. · Facilitate the development of new housing units and opportunities for all segments of the community. · Projects must acknowledge and improve their surroundings with the use of creative architectural design, streetscape treatments and landscaping. · New development must be consistent with the scale, bulk and pattern of existing development. Page 24 75C-147 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report . New development must exhibit a functional, comfortable scale in relation to its neighborhood. . New developments must re-enforce, or help establish district character. . Development and subdivision patterns are to be compatible with existing patterns of development in and around districts and neighborhoods, and provide a smooth transition along designated edges. . Support new development of single family residential lots on a minimum area of 6,000 square feet. . Coordinate street and parkway designs that are attractive, functional and compatible with adjacent on-site development. (b) The proposed project would be a compatible land use with the surrounding area. (c) The project site has limited access and is situated in a residential area. The development of the project site with alternative land uses, such as commercial uses or industrial land uses could potentially result in adverse land use and traffic impacts to the surrounding residential areas. (d) Approval of the proposed project would have a positive contribution to the economic and social health of the northeastern part of the City of Santa Ana by providing high quality single family residential land uses in the project area, thereby improving the City's economic health, and housing stock. (e) The project site is currently disturbed and aesthetically unpleasing. The proposed project would development the project site with high quality residential uses improving the aesthetic appearance of the project site and surrounding area. (f) The proposed project would provide 36 single family dwellings. The unavoidable exterior living noise impacts associated with the project would only occur on 4 dwelling units adjacent to the Interstate 5. The remaining 32 dwelling units would not be impacted with unavoidable exterior noise impacts. (g) The proposed project would provide the highest feasible level of sound attenuation to minimize unavoidable exterior living area noise impacts while meeting the objectives of the project. (h) Implementation of the project alternatives would result in additional significant aesthetic impacts and would not achieve project objectives. (i) The proposed project would allow the City to achieve the following project objectives, which would benefit the City of Santa Ana. The project would: Page 25 75C-148 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report . To provide additional single family detached housing opportunities in the north eastern area of the City of Santa Ana. . Provide a residential community that would be compatible in scale and design with existing residential uses in the project area. . To provide a planned community oflarge single family homes on large lots. . To provide infill housing opportunities on one of the last remaining vacant parcels in the City. For the reasons stated above, and based on substantial evidence in the record before it, the City finds that the unavoidable adverse impacts of the Shea Homes Residential Project related to exterior living area noise impacts are acceptable and, furthermore, finds that the benefits of the project outweigh its unavoidable adverse environmental impacts. 8.0 RECORD OF PROCEEDINGS Various documents and other materials constitute the record of proceedings on which the City of Santa Ana bases its Findings and decisions contained herein. Most documents related to this Final EIR are located at the City of Santa Ana, Planning and Building Department, 20 Civic Center Plaza, Santa Ana, California, 92702. Some documents referenced in the record of proceedings may also be located at the offices of consultants retained by the City for this project. 9.0 SUMMARY I. Based on the foregoing Findings and the information contained in the record, the City of Santa Ana has made the following findings with respect to each significant adverse impact of the proposed project, as identified in the Final EIR: . Mitigation measures have been incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. . Specific economic, legal, social, technological or other considerations make infeasible mitigation measures or project alternatives identified in the Final EIR to reduce unavoidable significant impacts to a level that would be less than significant. 2. Based on the Findings stated herein and information contained m the record, it IS hereby determined that: a. All significant adverse impacts on the environment due to the approval of the project have been eliminated or substantially lessened where feasible. b. Any remaining significant adverse impacts on the environment found unavoidable are acceptable due to the factors described in the Statement of Oveniding Considerations in Section 7.0, above. Page 26 75C-149 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report 10. APPROVALS The City hereby takes the following actions: I. The City has certified the Final EIR for the project, as described in Section 1.0, above. 2. The City hereby adopts, incorporates into the project and makes a condition of the project approval, all mitigation measures in the Final EIR, and as discussed in the Findings (Section 2.0, above) and Project Impacts and Disposition of Related Mitigation Measures in the Final EIR (Section 4.0, above). 3. The City hereby adopts the Mitigation Monitoring Program, accompanying the Final EIR and discussed in the Findings (Section 5.0, above). 4. The City hereby adopts the Findings in their entirety, as set forth above, including the Statement of Overriding Considerations. 5. Having certified the Final EIR, independently reviewed and analyzed the Final EIR, incorporated mitigations into the project as conditions of project approval, and adopted the Findings (including the Statement of Overriding Considerations set for herein), the City hereby approves the Shea Homes Residential Project, as described in the Final EIR, including the site approval and design. Page 27 75C-150 ORDINANCE NO. NS-2705 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA ADOPTING THE SHEA HOMES AT FARMERS DRIVE SPECIFIC DEVELOPMENT NO. 77 (SD-77) AND REZONING THE PROPERTY lOCATED AT 2800 NORTH FARMERS DRIVE FROM SINGLE FAMilY RESIDENCE (R1) TO SHEA HOMES AT FARMERS DRIVE SPECIFIC DEVELOPMENT NO. 77 (SD-77) (AA NO. 2005-02) 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. Applicant is requesting approval of Final Environmental Impact Report No. 2005-01, Amendment Application No. 2005-02 and creation of Specific Development Plan No. 77 (SD-77), Vesting Tentative Tract Map No. 2005- 05 (County Map No. 16905), and Site Plan Review No. 2005-04 to allow the construction of 36 single-family residences at the property located at 2800 North Farmers Drive. B. On October 10, 2005, the Planning Commission held a duly noticed public hearing and voted by a vote of 6:0 (lutz absent) to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2005-01, and approve the Mitigation Monitoring Program and Statement of Overriding Considerations. 2. Adopt an ordinance approving Amendment Application No. 2005-02 and Specific Development Plan No. 77 (SD-77). 3. Adopt a resolution approving Vesting Tentative Tract Map No. 2005- 05 (County Map No. 16905) as conditioned. 4. Adopt a resolution approving Site Plan Review No. 2005-04. C. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for Shea Homes at Farmers Drive Development on November 7, 2005, and at that time considered all testimony, written and oral. D. Amendment Application No. 2005-02 has been filed with the City of Santa Ana to adopt the Shea Homes at Farmers Drive Specific Development No. 77 (SD-77) and to rezone the property located at 2800 North Farmers Drive from Single Family Residence (R1) to Shea Homes at Farmers Drive Specific Development Plan No. 77 (SD-77). (AA No. 2005-02) 75C-151 E. SD-77 would allow single family dwellings; a temporary real estate office; childcare facilities providing care to not more than eight (8) children; neighborhood and community service centers (with a Conditional Use Permit); Garages for more than four (4) vehicles (with a Conditional Use Permit); childcare facilities care for more than eight (8), but no more than fourteen (14) children (with a Conditional Use Permit). F. Amendment Application No. 2005-02 is consistent with the General Plan, including but not limited to its goals and policies: 1. Support new development which is harmonious in scale and character with existing development in the area. Policy 2.9 of the Land Use Element of the General Plan. 2. Support development which provides a positive contribution to neighborhood character and identity. Policy 3.1 of the Land Use Element of the General Plan. 3. Encourage new development and/or additions to existing development that are compatible in scale, and consistent with the architectural style and character of the neighborhood. Policy 3.5 of the Land Use Element of the General Plan. 4. Projects must acknowledge and improve their surroundings with the use of creative architectural design, streetscape treatments and landscaping. Policy 2.1 of the Urban Design Element of the General Plan. G. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the Shea Homes at Farmers Drive is consistent with the purpose of the general plan. H. The City Council also adopts as findings all facts presented in the Requests for Council Action dated November 7, 2005 accompanying this matter. 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. I. The resolution certifying the Final Environmental Impact Report No. 2005- 01, the Mitigation Monitoring Program and the Statement of Overriding Considerations was approved and adopted by resolution which came before the City Council on November 7, 2005. This ordinance incorporates by reference, as though fully set forth herein, this resolution and Final Environmental Impact Report No. 2005-01, the Mitigation Monitoring Program and the Statement of Overriding Considerations. Section 2. The real property located at 2800 North Farmers Driver is hereby reclassified from Single Family Residence (R1) to Shea Homes at Farmers Drive Specific Development Plan No. 77 (SD-77). (AA No. 2005-02) Amended Sectional District Map number 36-4-10 showing the above described change in use district designa- 75C-152 tion, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2005-02). Section 3. Shea Homes at Farmers Drive Specific Development No. 77 (SD- 77) as set forth in Exhibit "B", attached hereto and incorporated as though fully set forth herein, is approved adopted in its entirety. 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: Kylee O. Otto Assistant City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members 75C-153 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2705 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 75C-154 Shea Homes at Farmers Drive Specific Development No. 77 (50-77) TABLE OF CONTENTS PAGE SECTION 1. Applicability of Ordinance ...................................................................1 SECTION 2. Purpose ......................... .......................................... ................... ....1 SECTION 3. Permitted Uses . ...... .... ........... .... ........... .... ........ .... ........... ............. ....1 SECTION 4. Conditionally Permitted Uses ................................................................2 SECTION 5. Development Standards for Single Family Dwellings ...............................2-3 1. Building Height ......................... ........................................ ........2 2. Front Yard ..............................................................................2 3. Side Yard ............................... ........................ ..................... ...2 4. Rear Yard .... .... ... ... ........... ... ............ .... ........ ............... ... ... .....2 5. Landscape................... ........................... .................. ........ ......3 SECTION 6. Development Standards for Common Areas ....................................... ..3-5 1. Secondary Ingress and Egress Drive .........................................3-4 2. Common Open Space ...............................................................4 3. Entry and Perimeter walls .......... ............... .......... ..... ..................4 4. Mailboxes and other Appurtenances ............................................5 SECTION 7. Miscellaneous Regulations .................................................................5 1. Regulations Specifically Included Herein by Reference ....................5 2. CC&Rs ..................................................................................5 EXHIBIT Site Plan (Attachment A) Page 6 Exhibit B 75C-155 Shea Homes at Fanners Drive Specific Development No. 77 (50-77) SECTION 1 APPLICABILITY OF ORDINANCE The Specific Development No. 77 (SD-77) zoning district, as authorized by Chapter 41, Article III, 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 SD zoning district may be incorporated herein by reference. The boundaries of Shea Homes at Farmers Drive Specific Development District shall be defined pursuant to Exhibit A (attached hereto and incorporated as though fully set forth herein). SECTION 2 PURPOSE The Specific Development No. 77 (SD-77) 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 for the planned residential development. SECTION 3 PERMITTED USES The permitted land uses shall be as follows: 1. One (1) single family dwelling for each 6,000 square-foot lot. 2. One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period not to exceed one (1 ) year. 3. Accessory buildings and structures, except as otherwise provided in Section 4, determined to be incidental and necessary to the primary use, subject to the approval of the Planning Commission. 4. Childcare facilities providing care to not more than eight (8) children. Page 1 of 6 75C-156 SECTION 4 CONDITIONALLY PERMITTED USES The following uses are permitted upon the approval of a conditional use permit in accordance with the Santa Ana Municipal Code: 1. Neighborhood and community service centers. 2. Garages for more than four (4) vehicles. 3. Childcare facilities caring for more than eight (8), but no more than fourteen (14) children. 4. Accessory structures exceeding fifteen (15) feet in height or more than one (1) story. SECTION 5 DEVELOPMENT STANDARDS FOR SINGLE FAMILY DWELLINGS The following general development standards are applicable to single-family dwellings: 1. Buildinq Heiqht The height limit for main buildings and structures is 35 feet and for accessory buildings and other structures is 15 feet. Accessory structures more than 15 feet in height will require a Conditional Use Permit. The Planning Commission shall have the right to limit the number of stories in any or all of the buildings in the SO-77 district, or the height of any other structure, when it finds that existing or proposed developments on adjacent properties, or properties across a street or alley, would be adversely affected unless such a limitation were imposed. 2. Front Yard There shall be a front yard of not less than twenty (20) feet. 3. Side Yard Each side yard shall be not less than five (5) feet. On comer lots, the side yard on the street side shall be not less than ten (10) feet. 4. Rear Yard Except for Parcel 1, the minimum rear yard for parcels backing into the adjacent development (parcels 2 through 10 and 27 through 36) shall be thirty (30) feet. Such rear yard may be reduced to not less than twenty Page 2 of 6 75C-157 (20) feet, provided a landscape screen at least 12 feet in height is provided. All other parcels, including parcel 1, shall provide a rear yard of not less than twenty (20) feet. Such rear yard may be reduced to not less than fifteen (15) feet, provided it has at least one thousand two hundred (1,200) square feet of open area, exclusive of side yard areas. 5. Landscape All single family dwelling yards shall be landscaped within six months of the date of close of escrow. The landscape shall be installed pursuant to section 41-240 and maintained pursuant sections 41-609 and 41- 609.5 of the Santa Ana Municipal Code. The following additional standards shall apply: (a) No more than fifty (50) percent of the front yard shall be covered with hardscape. Hardscape shall be considered to include, but not limited to, driveways, walkways, walls and water features. (b) Landscape plans for each single-family dwelling shall be reviewed and approved by the Planning Division prior to the landscape installation. (c) Walls and fences shall be installed pursuant to section 41-610 of the SAMC, except that walls and fences shall be constructed of a decorative block such as slump stone, split-face block or equivalent and shall have decorative pilasters and caps. No front yard fences shall be allowed. (d) All side and rear yards shall be fenced. Side and rear yard fences adjacent to a street shall require a five (5) foot setback, which shall be fully landscaped. SECTION 6 DEVELOPMENT STANDARDS FOR COMMON AREAS The following general development standards are applicable to all common areas and improvements: 1. Secondarv Inqress and Eqress Drive Improvements The secondary ingress and egress drive shall have a minimum 20-foot wide paved roadbed with a minimum five (5) foot landscaped parkway adjacent to the sound wall and three (3) foot landscaped parkway adjacent to residential uses. The secondary drive shall be constructed per the City Standards for Private Streets. The drive is intended to serve as a secondary access road open to residents and their guests, Page 3 of 6 75C-158 property management, trash collection, fire protection, etc. but it will not be a publicly dedicated street. (a) There shall be a single landscape theme established for the road. (b) Lighting shall comply with the provisions of Chapter 8, Article II, Division 3 of the SAMC. In addition, the light standards shall comply with Public Works Agency Residential Light Standard No. 1126-1 or equivalent and shall not exceed 15 feet in height. Light standards shall be painted black. 2. Common Open Space AU Improvements to the common open space shall be fully implemented prior to Building Division final and release of utilities fef the 1!lill single family dwelling of the first unit in the development phase where the common area improvement is located. (Modified by the Planning Commission on October 10,2005) (a) All open space (except for Lot G) shall be fully landscaped and illuminated. Lighting shall be installed in compliance with the Police Department standards. Additional light standards, if required, shall match those installed for the streets. (b) Lot C shall be developed as a passive recreation area. The lot shall incorporate seating and a trash receptacle to be approved by the Planning Division. 3. Entry and Perimeter Walls (a) The south and west perimeter walls shall not exceed six (6) feet in height, as measured from the top of the curb, or eight (8) feet from the top of the finish grade of the adjacent property at the location of the wall. All walls shall be constructed of a decorative block such as slump stone, split-face block or equivalent and shall have decorative pilasters and caps. (b) The northeast perimeter sound wall shall not exceed 20 feet in height. The wall shall be constructed of decorative block, such as slump stone, split-face block or equivalent, which shall not exceed 15 feet in height. The additional wall (height) shall be constructed of a clear material such as plate glass, Plexiglas or glass block to reduce the visual height of the wall. The Planning Commission shall approve the design. Page 4 of 6 75C-159 (c) To visually define the project entryways, colored paving materials and concrete shall be used as accent materials at entry locations. (d) Entry walls shall not exceed eight (8) feet in height. The Planning Commission shall approve the design and materials. 4. Mailboxes and other Appurtenances (a) Mailboxes shall be uniform in design throughout the community. They shall be either single or dual mounted boxes. If multi-unit mailboxes are required by the U.S. Postal Service, they shall be decorative in nature and be installed in a landscaped area. (b) All appurtenances shall be located outside the walkway, sidewalk and parkway, and shall be screened. (c) All public and private utilities shall be installed in underground vaults. The City shall approve the location. SECTION 7 MISCELLANEOUS REGULATIONS 1. Requlations Specificallv Included Herein Bv Reference All requirements, limitations, restrictions and waivers encompassed in Chapter 41, Article III, Division 24, of the Santa Ana Municipal Code (PRO use district regulations) shall apply to SD-77 use district, excepting therefrom the requirement of an approved conditional use permit and any other requirements, limitations, restrictions and waivers which are in conflict with other sections of this ordinance. In addition, all requirements, limitations, restrictions and waivers encompassed in Chapter 41, Article III, Division 3, of the Santa Ana Municipal Code (R1 use district regulations) shall apply to SD-77 use district, excepting therefrom the requirements of an approved conditional use permit and any other requirements, limitations, restrictions and waivers which are in conflict with other sections of this ordinance. 2. Conditions, Covenants. and Restrictions (CC&Rs) CC&Rs addressing ingress-egress, parking, drainage, private utilities, emergency vehicle access, landscaping, cost sharing and maintenance of the access road and common areas shall be recorded with the final map. Page 5 of 6 75C-160 Site Plan lMEaT ORANGE ROIlD ?l; }) ;,.,' b ~ ,II w ~ '" '-> V> ;)2 N') :JJ'!4 ~1 N'), A "fin :\lJ :m I.UL 4-4\!~7..)0 2f! . <; i i ~ ~. ;; , ~ ~ ~ ~ 5 I I f ~ .~-_. . '-~~a~-= f CONSULT....!! ~.... _-.cn.ttu......,.,.,..,. , .0 2+ ,'\174 tHo ~LANE ?2 AUGUST 1, 2005 VESTING TENTATIVE TRACT MAP NO. 16905 SITE PLAN Attachment A Page 6 of 6 75C-161 KG - 11/1/05 RESOLUTION NO. 2005-108 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2005-05 AND SITE PLAN REVIEW NO. 2005-04 FOR THE PROPERTY lOCATED AT 2800 NORTH FARMERS DRIVE (COUNTY MAP NO. 16905) BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF SANTA ANA AS FOllOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Final Environmental Impact Report No. 2005-01, Amendment Application No. 2005-02 and creation of Specific Development Plan No. 77 (SD-77), Vesting Tentative Tract Map No. 2005- 05 (County Map No. 16905), and Site Plan Review No. 2005-04 to allow the construction of 36 single-family residences at the property located at 2800 North Farmers Drive. B. On October 10, 2005, the Planning Commission held a duly noticed public hearing and voted by a vote of 6:0 (lutz absent) to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2005-01, and approve the Mitigation Monitoring Program and Statement of Overriding Considerations. 2. Adopt an ordinance approving Amendment Application No. 2005-02 and Specific Development Plan No. 77. 3. Adopt a resolution approving Vesting Tentative Tract Map No. 2005-05 (County Map No. 16905) as conditioned. 4. Adopt a resolution approving Site Plan Review No. 2005-04. C. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for Shea Homes at Farmers Drive Development on November 7,2005, and at that time considered all testimony, written and oral. D. Vesting Tentative Tract Map No. 2005-05 seeks to subdivide the land to allow the construction of 36 single-family residences. The City Council of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Single-Family Residential 75C-162 (LR-7) designation on the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project is consistent with the Low Density Residential General Plan land use designation (LR-7) and its density. In addition, the proposed residential development promotes the goals and policies of the General Plan Housing and Land Use Elements. The project provides infill housing, increases the housing stock, and preserves the character and integrity of the surrounding residential neighborhoods. The project is not located within any specific plan area of the city. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable city ordinances. The proposed project meets the letter and intent of the State of California Subdivision Map Act and conforms to Chapters 34 and 41 of the Santa Ana Municipal Code, which pertain to the subdivision and development standards for the site. Additionally, the project will conform to other applicable codes and city ordinances as identified during the Site Plan Review process (DP No. 2005-13). Covenants, Conditions and Restrictions (CC&Rs) are required for the project, which need to be approved by the City prior to the City Council approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately nine acres of land within the Specific Development No. 77 (SD-77) zoning district. Access to the site will occur from Farmers Drive and Flower Street. Since the topography of the site is flat and the minimum lot size for a single family residential parcel is 6,000 square feet, the site has been determined to be physically suitable for a residential development at the proposed six dwelling units per acre density since there are no physical constraints on the site to preclude development. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wild life or their habitat. An environmental impact report was prepared for the project pursuant to the California Environmental Quality Act. The project site is located in an urbanized area and was previously developed. There are no known fish or wildlife populations existing on the site. Therefore, the proposed 75C-163 subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed development will not cause serious public health problems. An unavoidable adverse impact to the exterior living areas was identified in Environmental Impact Report No. 2005-01. A Statement of Overriding Considerations could be issued by decision makers to balance the economic, legal, social and technological and/or other benefits of this project against the unavoidable adverse impact. Any other negative or adverse impact will be mitigated through mitigation measures identified in Environmental Impact Report No. 2005-01. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. Approval of the vesting tentative tract map for this project will not create conflicts with any easements necessary for the public access through the subject property. The project requires the realignment and abandonment of existing utility easements and the dedication of new easements for the development. In addition, the emergency and maintenance services will have access to the development as well as Department of the Defense have access to the jet fuel line easement. Public access will be provided from Farmers Drive and Flower Street. E. Applicant is requesting approval of Site Plan Review No. 2005-04. Santa Ana Municipal Code Section 41-493.5 requires approval of all plans for projects within a specific development district to ensure the project is in conformity with the specific development standards. 1. The City Council considered all testimony, written and oral, and finds the project is in compliance with all applicable development standards and the provisions outlined within the Shea Homes at Farmers Drive Specific Development No. 77 (SD-77). F. The Request For Council Action and all matters presented to the Council are incorporated herein by this reference as though fully set forth. Section 2. The City Council of the City of Santa Ana hereby, approves Vesting Tentative Tract Map No. 2005-05 as conditioned in Exhibit "A" attached hereto and incorporated herein. (County Map No. 16905) Section 3. City Council of the City of Santa Ana hereby, approves Site Plan Review No. 2005-04. 75C-164 ADOPTED this _ day of November, 2005. 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 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-108 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 75C-165 Conditions for Approval for Vestina Tentative Tract Map No. 2005-05 Vesting Tentative Tract Map No. 2005-05 (County Map No. 16905) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the vesting tentative tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Plannina Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2005-13. 2. The Vesting Tentative Tract Map, Final Map, and all improvements required of the subdivider shall be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 3. The covenants, conditions, and restrictions (CC&Rs) shall be reviewed and approved prior to approval of the final tract map, and shall be recorded prior to the issuance of building permits. 4. The final tract map shall be recorded within one year of the date of approval of the tentative map by the City Council. 5. The final tract map shall be approved and recorded prior to issuance of building permits. 6. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. ? All easements shall be recorded prior to or concurrent with the final map. 8. All development within the area of the map is subject to development fees and any other applicable fees in effect at the time of permit issuance. EXHIBIT "A" Page 1 of? 75C-166 9. The CC&Rs shall include language that requires homeowners to install required landscape within the specified time period in the Specific Development. A credit, equivalent to the cost of the installation of the minimum residential landscape requirement, shall be granted to all homeowners who install the landscape within the specified time. 10. All utility meters and boxes shall be placed in vaults below grade. Any above grade meter and/or box shall be reviewed by the Planning Division Manager to ensure all options have been reviewed. 11. Common area improvements shall be installed, inspected, and approved prior to the utility release of the first unit in the development phase where the common area improvement is located. 12. Maintenance of Lot G (the area between the CalTrans wall and the new sound wall) shall be the responsibility of the homeowners association. 13. A metal gate no less than six feet in height shall be installed at both termini of Lot G. The design and locking devices shall be approved by the City of Santa Ana Planning Division, Santa Ana Police Department, CalTrans and the U.S. Department of Defense or their representative. 14. A landscaped planter of no less than five feet in width shall be provided adjacent to the sound wall on Lot D. The landscape planter shall be planted with 24-inch box trees at 25 feet on center and 15-gallon shrubs at 10 feet on center. Prior to the issuance of a grading permit, the applicant shall submit landscape plans to the Planning Division for review and approval. 15. The applicant shall obtain written consent from every adjacent owner prior to the demolition and construction of the common perimeter wall to the west and south of the project. 16. The perimeter wall shall be constructed per the specifications on the Specific Development No. 77. 17. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. EXHIBIT "A" Page 2 of 7 75C-167 18. The third story area for the homes on Lots 10, 22 and 27 shall be constructed with quiet rock panel exterior walls with a minimum noise rating of ENWR-49 with an additional layer of quiet rock panel on the ceiling assembly. The northerly facing windows along the Santa Ana Freeway shall have a minimum rating of EWNR-45. 19. The third story for homes on Lots 12, 13, 16, 18, 20, 21, 24 and 25 shall be constructed with exterior walls consisting of wood stud construction with stucco exteriors and a minimum 1/2-inch gypsum drywall on the interior. All the exterior walls shall include fiberglass insulation in the stud cavities. The windows on the third floor area shall have a minimum noise rating of ENWR-22. The roof construction shall incorporate concrete or composition tiles on the exterior and a minimum 1/2-inch gypsum drywall on the interior surface. 20. The proposed project shall incorporate architectural elements and landscape treatments in and around the sound wall. The proposed treatment shall be approved by the Planning Division prior to issuance of grading permits. 21. Prior to issuance of grading permits, the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes a copy of the project's permit issued by the State Water Resource Control Board that identifies the project's permit number and two copies of the Storm Water Pollution Prevention Plan. 22. Prior to issuance of grading permits, a construction-level geotechnical report shall be submitted for review and approval to the Building Department and/or Public Works Department. The report shall address the potential for seismically induced soil liquefaction and soil instability. Based on the study, detailed grading recommendations and foundation design criteria shall be provided. 23. Prior to issuance of grading permits, the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices (BMP) in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. 24. Prior to the issuance of grading permits, the project developer shall provide two copies of the Water Quality Management Plan that include the following: EXHIBIT "An Page 3 of 7 75C-168 a. Site Assessment. b. Site Design BMPs. c. Applicable Routine Source Control BMPs. d. Selection and sizing of the Treatment Control BMPs. e. Mechanisms by which funding for long-term operation and maintenance of Structural BMPs will be provided. f. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable Structural BMPs, and to identify the entity in charge of implementation. 25. Prior to the issuance of grading permits, the project developer shall submit a final run-off evaluation for review and approval showing the existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. 26. Prior to issuance of grading permits, the project developer shall submit to the City of Santa Ana Planning Division a letter from the Department of Defense and CalTrans that adequate access is provided to the Department of Defense fuel line and the CalTrans sound wall. 27. Grading Plans and Building Plans for the proposed project shall note that all construction equipment shall be properly maintained and tuned to minimize noise emissions. 28. Grading Plans and Building Plans for the proposed project shall note that all equipment shall be fitted with properly operating mufflers and air intake silencers. 29. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans for the proposed project shall reflect the following notes: a. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. EXHIBIT "A" Page 4 of 7 75C-169 b. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. c. Streets surrounding the project site should be cleaned at the end of each day of construction. d. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. e. Equipment engines shall and in proper tune specifications. be maintained in good condition according to manufacturer's 30. Building plans for the proposed project shall reflect that onsite lighting on the project site is located in such a manner that the direct rays of the lighting are confined to the property and would not spill over to adjacent residential areas. 31. Grading Plans and Building Plans for the proposed project shall note that construction activities on the project site shall take place between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday, 8:00 a.m. and 8:00 p.m. on Saturday, and no construction activity on Sundays or federal holidays, and that no construction equipment on the project site shall operate including warming up until after 7:00 a.m. Monday through Friday and 8:00 a.m. on Saturday. 32. Grading Plans and Building Plans for the proposed project shall note that all construction equipment shall be properly maintained and tuned to minimize noise emissions. 33. Grading Plans and Building Plans for the proposed project shall note that all equipment shall be fitted with properly operating mufflers and air intake silencers. 34. The building plans for the proposed project shall reflect a 20-foot noise wall along the northeastern boundary of the project a site. The noise wall shall have a surface density of at least 3.5 pounds per square foot and shall not have openings or gaps. The noise wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch Plexiglas, any masonry material, or a combination of these materials. 35. Building plans for all residential units shall reflect the following construction details: EXHIBIT "A" Page 5 of 7 75C-170 a. The roof/ceiling assembly shall incorporate concrete or composition tiles on the exterior and a minimum 1/2-inch gypsum drywall on the interior surface of the living area. Roofs shall be sloped and attic spaces shall be insulated with fiberglass insulation. b. Exterior walls shall be wood stud construction with stucco exteriors and a minimum 1/2-inch gypsum drywall on the interior. All exterior walls shall include fiberglass insulation in the stud cavities. c. All operable windows shall have a rating of STC-24. All fixed windows shall have a rating of STC-28. d. All entry doors shall have a rating of STC-28. 36. The building plans for the Traditions Plan 2 on Lots 10,22 and 27 shall reflect the following construction details: a. The Retreat shall be installed with attic baffles. All operable windows shall have a rating of EWNR-26 or STC-28. b. The Library shall be installed with attic baffles. All operable windows shall have a rating of EWNR-32 or STC-35. All fixed windows shall have a rating of EWNR-36 or STC-40. All entry doors shall have a rating of EWNR-29 or STC-32. c. Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating of EWNR-32 or STC-35. All fixed windows shall have a rating of EWNR-36 or STC-40. All entry doors shall have a rating of EWNR-29 or STC-32. 37. The building plans for the Renaissance Plan 3 on Lots 11, 23, and 26 shall reflect the following construction details: a. The Retreat shall be installed with attic baffles. All operable windows shall have a rating of EWNR-26 or STC-28. b. Bedroom 2 shall be installed with attic baffles. All operable windows shall have a rating of EWNR-32 or STC-35. All fixed windows shall have a rating of EWNR-36 or STC 40. All entry doors shall have a rating of EWNR-29 or STC 32. c. Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating of EWNR-32 or STC-35. All EXHIBIT "A" Page 6 of 7 75C-171 fixed windows shall have a rating of EWNR-36 or STC 40. All entry doors shall have a rating of EWNR-29 or STC 32. 38. The building plans shall reflect that mechanical ventilation shall be provided for residential units located on residential Lots 6, 7, 8, 9, 10, 11,12, 13,14,15,19,20,21,22,23,24,25,26,27,28,29and 30. 39. Prior to the recordation of final subdivision maps, a special disclosure statement of the presence of the jet fuel line is required to be provided on subdivision maps and deeds for the project. 40. Prior to the building permit final for residential Lots 10, 11, 22, 23, 26 and 27, the project developer, at their sole expense, shall conduct a noise monitoring analysis to ensure that the residential units on such lots achieve an interior noise level of 45 CNEL. 41. Prior to the building permit final, a disclosure statement on the risks and potential exposure to Particulate Diesel Matter shall be provided on all final subdivision maps and grant deeds for the project. 42. In the event unknown cultural resources are encountered, all earthwork activities in the area of the finding shall halt and the City of Santa Ana Environmental Coordinator shall be contacted for appropriate action. 43. During construction operations near the jet fuel pipeline, a representative from the Department of Defense shall be present to monitor construction activities to ensure that no damage occurs to the jet fuel pipeline. 44. Prior to commencement of construction activities, the project developer shall identify to the City a construction relation officer to act as a community liaison concerning onsite construction activity impacts. The name and phone number of the construction relation officer shall be posted on the project site. 45. Prior to the issuance of Building Permits, the applicant shall submit revised elevations showing balustrades and windows consistent with the architectural vocabulary of the main elevation. EXHIBIT "A" Page 7 of7 75C-172 AVE. C i I Y Ora n 9 e 0 " R1 l1-H R1 R1 g ~ R1 >. A1 ... g (j 0 , ~ , ro , R1 R1 R1 , ,o.. ,I I , R4 ~ IOO-CHOOOO Rl R1'~ ~;., 0 rr-7~~J7~,,~~ MEMORY 'J,.." HlO LN. ADOPTED BY RESOLUTION NO, 5166 BY THE SANTA ANA PLANNING COMMISION PAAT OF ORDINANCE NO, NS 3iMADOPTED BYTHE SANTAANACITYGQUNCIL. AUGUS T17.1959 ';';"I,f""ffET Al GENERAL AGRICULTURAL -8 PARKING MODIFICATION 01 COMMlINITYCOMMERCIAl C'.MD COMMUNITYCOMMERCIAl.MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VilLAGE C4 PLANNED SHOPPING CENTER cr; AfHERIAl COMMERCIAL eR COMMERCIAL RESIDENTIAL C-SM soum MAIN STREET COMMERCIAL DISTRICT GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAl. M2 HEA\lYlNDUSmlAL MO MILITARY OPERATIONS o OPEN SPACE P PROFESSIONAL POD PlANNED COMMUNITY DEVELOPMENT PO PLANNEDDEVELOPMEN'I PRO PLANNED RESIDENTIAL DEVEl.OPMENT Rl SINGLE-FAMILY RESIDENCE Rl-.:OOO SMALL LOT SINGLE-FAMILY RESIDENCE R2 TWOFAMIl.Y RESIDENCE R3 MULTIPLI,A'AMllY RESIDENCE f101 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SO SPECIFICDEVELOPl,'ENT SP SPECIFIC PLAN 60. M,"'MUMfflONMGlL -60CO Mt"'MUM LO~AR~A ,,,,,.,fl<>,.'$ion;;,,,,, 7-19-00 1l!'"M'"'~ n'"O"Hr-"",*e,,,,,.. 1,"&H~',"t",,"()i''tHc'''H('''OAJ<';AM'' <\SA~TH(lJ1'ZOO6'C'TytoLmCI, ~('C,1)1l!T,,)~ 'H H1~', OATE~ 11,",iO t1E8eaVA,rE..,;rrHAT'-'<;SWPl8^1''''"' C0PY';FrR~O~l(l'tlA"SH't"'W''-'''S'"'';l """""-36+'h ,__..-::rL",~ l "wf-- "')I;~IJ"l~ ' "'.nF'i!.l!lkf'::'" ,..;.^~"fI(), Ol'IDNOAGl"C' (;0..."'''0... _.~)tl'l{MIIl'l.IQ)OO2___ IIES.iAA'AOIlUIC~.. "1< olJ.Jr ORP,nf,';.NP M.__'\OO ~"..J ~IKl"'E()UJ<"" 3-<'-61 1-HI AP"rR'JI'EO hS<I\Ir "'''i W.. AABl)IJ M,K,o'! ,IAOO1 AA\>).,. M "j., .''''_'~'S AA.W~ A.A.W~l 'JS-OOS ,;"."", 'is.'''' '~.101 ~s.-,,'~ ~&-"." NS4"~ N5_=' M-nC'll "8.2.", ~..,,"r-v ,,,.",'-!>3 ".>-6~ ;-'~-"! '_H~ "-'~'!l< ~.Xl-a, ,.;,.,,-, 'NW '-I~-OO "''''rn ......_~..~I1('!"'('I::.~.~ ~..~. AES.'''-A.lANXNrl ORCI_'HES."'.l NX)I>r"OOAr~ M'_FROVED ~ [~ SECTIONAL DISTRICT MAP' :3 6-4-] 0 PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA CALIFORNIA ~ Exhibit A 75C-173 75C-174 REQU EST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: PUBLIC HEARING: URBAN WATER MANAGEMENT PLAN APPROVED D As Recommended D As Amended D Ordinance on 1" Reading D Ordinance on 2"' Reading D Implementing Resolution D Set Public Hearing For i {2fi;a CITY MANAGER CONTINUED TO ~. FILE NUMBER RECOMMENDED ACTION Adopt the updated 2005 Urban Water Management Plan. DISCUSSION Urban water suppliers are required by the Urban Water Management plan Act to update and submit a plan to the Department of Water Resources every fi ve years. The Act requires water suppliers to describe and evaluate sources of water supply, efficient uses of water, demand management measures, implementation strategy and schedule, and other relevant information and programs. In May 2005, the City approved an agreement with Psomas to prepare the updated 2005 Urban Water Management Plan. The plan is complete and copies are available for review in the Clerk of the Council's office. Staff recommends the adoption of the City's 2005 Plan. ENVIRONMENTAL IMPACT In accordance with Section 15282 of the CEQA Guidelines, preparation and adoption of urban water management plans are statutorily exempt from further environmental review. Statutory Exemption Environmental Review No. 2005-187 will be filed for this project. FISCAL IMPACT impact associated with this action. \jl Ja es G. ss Executive irector Public Works Agency 750-1 750-2