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HomeMy WebLinkAboutWONG, SHIEN NAN & WENG, HUI JUNG & TAQUERIA TAPATIA 1-2006 . , ~'. "( '<t 1 A-2006-266 ,,~cP- (;J.f~ SETTLEMENT AGREEMENT This Settlement Agreement is entered into as of September _, 2006, by and between the City of Santa Ana ("CITY"), on the one hand, and Shien Nan Wong, Hui Jung Weng, and Taqueria Tapatia, Inc., a California corporation ("TAQUERlA TAPATIA"), on the other. Shien Nan Wong and Hui Jung Weng will be collectively referred to herein as the "WONGS." The CITY, the WONGS, and TAQUERlA TAPATIA are sometimes collectively referred to herein as the "PARTIES." RECITALS A. On April 16, 2006, the CITY filed an eminent domain proceeding seeking to take, in fee, portions of four parcels of real property owned by the ~. WONGSand the WONG's family owned and operated restaurant T AQUIERlA TAPATIA for the CITY's Bristol Street Widening project between Pine Street and Third Street (the "ACTION"). B. Previous to the CITY instituting the ACTION, the WONGS objected in writing to the CITY's adoption of the resolution of necessity, asserting that the CITY did not have the right to take the WONGS' property by eminent domain. C. On May 25, 2006, in the ACTION, the CITY obtained an "Order of Possession." To take possession of the property on September 1,2006. The WONGS contend that the CITY has failed to satisfY the statutory prerequisites for the Order of Possession and, if the matter is not settled, would assert a challenge in the ACTION against the Order of Possession. D. On June 6, 2006, the WONGS and TAQUERlA TAPATIA each answered the CITY's complaint in the ACTION, claiming compensation for items related to the taking and asserted their objection to the CITY's right to take. 1 f / ') . . t 'Ill I E. In or about July 2006, the WONGS submitted to the City for site plan review a proposed project for developing five contiguous parcels the WONGS own along Bristol Street, including the four parcels that are the subject of the ACTION (the "WONG DEVELOPMENT PROJECT"). The WONG DEVELOPMENT PROJECT includes construction of a 2,600 square foot restaurant building at 202 South Bristol Street that will replace TAQUERIA TAPATIA's existing Mexican fast food restaurant to be taken in the ACTION. A copy of the site plans for the WONG DEVELOPMENT PROJECT is attached hereto as Exhibit A and made a part hereof by reference. F. On August 2, 2006, the CITY transmitted to the WONGS the City Development Review Committee's and Public Works Agency's site plan review comments concerning the WONG DEVELOPMENT PROJECT, identifying various proposed City requirements and conditions of development. Among other things, the CITY's conditions require dedication ofthe real property sought to be taken in the ACTION and a 25' by 25' comer cut-off at the northwest comer of Bristol Street and Pine Street and the southwest comer of Bristol Street and Walnut Avenue. A copy of the CITY's site plan review comments is attached to this Agreement as Exhibit B and made a part hereof by reference. In addition, the CITY intends to impose a required dedication of about 500 square feet of the WONGS' real property for a planned cui de sac at Pine Street. G. To facilitate ongoing settlement negotiations, on August 16,2006, in the ACTION, the PARTIES entered into a Stipulation and Proposed Order to extend until September 11,2006, the effective date of the Order of Possession. On August 17, 2006, the Court in the ACTION entered an Order on the Stipulation. Hence, the effective date of possession under the Order of Possession is presently September 11,2006. 2 , , . , 1 '.(. J H. The PARTIES desire to settle and resolve all claims and disputes between them concerning the ACTION and the CITY's dedication requirements. I. Therefore, the PARTIES hereby incorporate the foregoing recitals into this Agreement and agree as follows: AGREEMENT 1. The CITY shall pay the WONGS total settlement proceeds in the amount of $1,250,000.00 plus statutory costs allowed in the ACTION (the "SETTLEMENT PROCEEDS"), within 30 days after the effective date of this Agreement. Said effective date to be the date that the last signature is signed to this agreement. 2. The WONGS and TAQUERIA TAPATIA hereby release the CITY from any and all compensation claims they have or may have in the ACTION (including compensation for the taking, severance damages, improvements, inventory, loss of use, mitigation costs, and loss of business goodwill), any benefits to which they may be entitled under the relocation assistance program, any compensation claim the WONGS may have for the taking of 25' X 25' comer cut-off at the northwest comer of Bristol StreetJPine Street and the southwest comer of Bristol Street/Walnut Avenue, which the CITY intends to make subject to an irrevocable offer of dedication under the CITY Public Works Agency's site plan review comments, paragraph C.I.a., dated August 2, 2006 (Exhibit B), and for any compensation claim the WONGS may have for the taking of 500 square feet of their property for the CITY's planned Pine Street cuI de sac (as depicted in Exhibit A) (the "RELEASED CLAIMS"). 3. In addition to the RELEASED CLAIMS described in Paragraph 2 above, the WONGS and TAQUERIA TAPATIA hereby release the CITY and its representatives, officers, employees, predecessors, successors, agents, and assigns from any and all claims, complaints, causes of action, liabilities, demands, compensation 3 . . i '( . claims, damages, and expenses (including attorney's fees and interest), relating to or arising out of the ACTION. 4. Notwithstanding any order of the court or prior agreement of the PARTIES, the CITY shall not take possession of the property which is the subject of the ACTION (and which is identified in the Order of Possession) before 12:00 midnight on March 29, 2007 (the "POSSESSION DATE"). It is understood and agreed that the WONGS and TAQUERIA TAPATIA shall vacate the property identified in the Order of Possession no later than 12 :00 midnight on March 29, 2007, without the CITY having to take any further action or instituting any legal proceedings to obtain possession. This agreement shall be conclusive proof of the parties' intent that the city take possession of the property by the date and time referenced herein. There shall be no requirement that "notice" or any other due process be afforded to the WONGS or T AQUERIA TAPA TIA prior to the City's taking possession as referenced herein. 5. The CITY and/or its contractor(s) and agents shall work around the WONG's and TAQUERIA TAPATIA's property and restaurant operations to accommodate the WONG's and TAQUERIA TAPATIA's undisturbed continued possession of the property until the POSSESSION DATE. The PARTIES acknowledge, understand, and agree that the intent of the "work around" is to enable the WONGS to occupy the planned new restaurant building (depicted in Exhibit A) and commence restaurant operations therein coincident with closing and vacating the existing restaurant operated by TAQUERIA TAPATIA with the restaurant suffering no down time. Neither the WONGS nor TAQUERIA TAPATIA shall be responsible in any way for any increased costs ofthe CITY's Bristol Street Widening project attributable to the "work around. " 6. Immediately upon expiration of the POSSESSION DATE, the CITY may enter upon the property identified in the Order of Possession and demolish and remove the improvements located on APN 007-212-28, relating to TAQUERIA TAPATIA's fast 4 . , ., '..1, . food restaurant. The CITY shall demolish and remove the improvements located on APN 007-212-28 at the CITY's sole cost and expense. Prior to the POSSESSION DATE, the WONGS shall demolish and remove the existing improvements located on APN 007- 212-29 at their sole cost and expense. 7. The CITY shall delete the following conditions, requirements, and/or restrictipns identified in the CITY's August 2, 2006 site plan review comments (Exhibit B): A. Strike that portion of paragraph A.1. of the CITY Public Works Agency's comments which states: 'The applicant will be required to pay his fair share in the amount specified by the City for the improvement associated [sic] this project and will be constructed by the City such as new sidewalk and street trees along the entire property frontage on Bristol Street.''' B. Strike paragraph C.4.b. of the CITY Public Works Agency's comments which states: "Fair-share in the amount specified by the City for the improvement such as new sidewalk and street trees along the entire property frontage on Bristol Street." 8. The CITY'S site plan review comments shall be deemed to be revised to reflect that the City shall construct the mentioned improvements at the CITY's sole cost and expense, to wit: A. Paragraph C.3.a. of the CITY Public Works Agency's comments which states: "Sidewalk, driveways, curb, and gutter." B. Paragraph C.3.c. of the CITY Public Works Agency's comments which states: "Remove existing driveway, if identified for removal, and construct a new PCC sidewalk, and new curb and gutter, including 2' of asphalt concrete, per the City Standards and approved plans." 5 J' '. , .... . C. Paragraph C.3.f. of the CITY Public Works Agency's comments which states "Construct concrete sidewalk, curb and gutter along the project development frontages per the City Standards and the approved plan" shall be be deemed to be revised to read "Construct concrete sidewalk, curb and gutter along the Bristol Street frontage to End of Curb Return per City Standards and the approved plan." 9. Upon payment by WONGS of the fees for Expedited Review, the CITY shall expend all reasonable efforts to perform timely and expedited plan check and building plan review of the WONG DEVELOPMENT PROJECT to facilitate issuance of building permit and occupancy permit allowing the WONGS to occupy the new restaurant building and begin operations therein coincident with vacating and closing TAQUERIA TAPATIA's existing restaurant as described in paragraph 5 above. The PARTIES will cooperate completely, diligently, and promptly upon demand by any other party to this Agreement to act as reasonably necessary or helpful to carry out and effectuate the purposes of this provision. This includes providing the CITY with right of entry upon property for utility-related purposes consistent with effectuating the "work around" concept identified in paragraph 5 of this agreement. 10. The CITY hereby indemnifies the WONGS and holds them harmless from any loss of or damage to any property, or injury or death of any person whomsoever, arising after the effective date of this Agreement, proximately caused in whole or in part by negligence of the CITY or the CITY's agents or by any act or omission for which the CITY's or the CITY's agents are liable arising from the performance of the construction of the CITY's Bristol Street Widening project, except the WONGS' or TAQUERIA TAPATIA's sole negligence, gross negligence or intentional misconduct. 11. Each of the PARTIES expressly waives and relinquishes all rights and benefits afforded under Section 1542 of the California Civil Code. Each of the PARTIES 6 . , , '{ . acknowledges that each has had an opportunity to seek independent legal advice regarding this express waiver. Section 1542 of the Civil Code states as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS TO WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each of the PARTIES being award of Section 1542, expressly waives any and all rights each may have thereunder, except as to the representations, covenants, and understandings contained in this Agreement. 12. The CITY shall prepare a Stipulation for Entry of Judgment and proposed Stipulated Judgment and Final Order of Condemnation consistent with the terms of this Agreement, subject to review and approval as to form by the WONGS' and TAQUERIA TAPATIA's attorney of record in the ACTION. Upon the WONGS' and TAQUERIA TAPATIA's attorney's approval as to form, the CITY may file the Stipulation and Judgment in the ACTION and record the Final Order of Condemnation. 13. The PARTIES hereby represent and warrant that they have the authority to enter into this Agreement and that they have not previously assigned, transferred, or purported to have assigned or transferred in any manner, any of the claims described in the above re1ease(s). 14. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 15. For purposes of venue and jurisdiction, this Agreement shall be deemed made and to be performed in Orange County, State of California. 7 " . . . 16. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute on document. 17. This Agreement may be modified only by mutual agreement in writing executed by all of the parties to this Agreement. 18. This Agreement contains the entire agreement between the PARTIES with respect to the subject matter of this Agreement and supercedes any and all prior agreements, understandings, negotiations, representations and warranties, if any, with respect to such subject matter of this Agreement, which precede or accompany the execution of this Agreement. 19. Whenever the context so requires in this Agreement, all words used in the singular shall be construed to have been used in the plural (and vice versa), each gender shall be construed to include any other genders, and the word "person" shall be construed to include a natural person, a corporation, a firm, a partnership, a joint venture, a trust, an estate or any other entity. 20. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application of such provision to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected by such invalidity or unenforceability, unless such provision or such application of such provision is essential to this Agreement. 21. The parties to this Agreement shall not assign or delegate to any other person this Agreement or any rights or obligation under this Agreement. Subject to any restriction on transferability contained in this Agreement, this Agreement shall be binding upon and shall inure to the benefit of the successors-in-interest and assigns of each party to this Agreement. Nothing in this paragraph shall create any rights enforceable by any 8 . , 1 'l' person not a party to this Agreement, except for the rights and obligations of the successors-in-interest and assigns of each party to this Agreement, unless such rights are expressly granted in this Agreement to other specifically identified persons. 22. Any waiver of a default under this Agreement must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. No delay or omission in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act. 23. Each party to this Agreement and its legal counsel have reviewed and revised this Agreement. The rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits to this Agreement. This Agreement shall not be deemed prepared or drafted by one Party or the other, or its attorneys, and will be construed accordingly. 24. Each of the parties will cooperate completely, diligently, and promptly upon demand to execute any other documents reasonably necessary or helpful to carry out the purposes of this Agreement that may be requested by a third party. Each party to this Agreement shall execute all instruments and documents that may reasonably required to effectuate this Agreement. 25. In the event of any litigation which shall include arbitration, judicial reference, or mediation to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs, including any costs and fees to enforce any judgment therein. 26. Unless otherwise provided for herein, all notices and/or payments under this Agreement shall be hand delivered or mailed first class as follows: 9 .' . A. To the CITY: City of Santa Aoa 20 Civic Center Plaza, M-21 Santa Aoa, California 92701 Attention Director of Public Works Agency B. To the WONGS and/or TAQUERIA TAPATIA: clo Ronald M. Cole, Esq. Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 2603 Main Street East Tower - Suite 1300 Irvine, CA 92614-4281 All hand deliveries shall be deemed received as of the delivery date. All first class mail shall be deemed received five (5) calendar days from the date of mailing. Aoy Party may change the person or address for notice by giving notice pursuant to this provision. III III III 10 , ' 1 'I. IN WITNESS WHEREOF, the PARTIES hereto have each approved and executed this Agreement on the dates set forth opposite their respective signatures. DATED: 55 2006 DATED: ~i - / 'I- - ,2006 DATED: Sf P!- r (j ,2006 DATED: September ,2006 ATTEST: DATED: September ,2006 SHIEN NAN WONG \ /'--0.:3 HUI JUNG WEN . ~~/ TA;UERIA TAPA.4NC. t By. By: CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California By: t2J2 tL David N. Ream, City Manager ~ CITY OF SANTA ANA, a charter law city and municipal corporation, duly organized and existing der the Constitution and laws of the State of California ~-- . ;-<....-./' Patricia E. Healy, Clerk of II " , . " ' APPROVED AS TO FORM: DATED:~- /3 ,2006 DATED: Srt;1.. e) ,2006 PALMIERI, TYLER, WIENER WILHELM & W NLLP By: Ronald M. Cole, Esq. Attorneys for Defendants Shien Nan Wong, Hui Jung Weng, and Taqueria Tapatia, Inc. JOSEPH W. FLETCHER City Attorney City of Santa Ana ose Sandoval, Esq. Senior Assistant City Attorney 12 II ". ~ , ;'" " l." lJ""''' ~ '" ~ .... ~ 11!lill! llll!;l! illll l'il !lllii III Ililll 11"1 Ii I!ll lill III !fIIllli ill 1 II ! lllli Ill!!il! l~i~J UMI~~~ ~ ~ ~i~UI il~~~ ~ illli'li II!ii!,II! 111111 ill III' '!,l' !! 11.1',1'1 ~ ~ ~ ~ ~ I!'!!I !! iii, I Ii ill! llllli Iii 'I, i il I., \ , ! 1 II I 1 Ii, I' I.' ~1 -~_uTudl' I j),1 ~ I I' I .~ II! Iii I III! Ii lill I 1,1,1. I ~ ! Il, I~t /''..n_ Ii IIii' i I!~ 1:1 ~ ~ I III m -- - '. I Eli I .1 I ~ I I Iii hi · ~." '!l I ! ~ t I illl' ' III II) III il *" -*- *" i lmi~ Ij Ij II ---1 1 ,il.1ilr--l- II '-r--!!------ II I- 1 III .:j- _nl I , I. I --- 1 ------1 I - -----..L I ., I I I I ;\ i ii H 11 III, II, ! II! II i I 1I,li; I j; llllli/ill I i I !if Ii Ii II i iil!i i il Pi: , II., i 'II I I .!: !' r :' (. i' II 'I j'i 1I",n II q I If !IIPII Ii P, !il',",' 1111,1 Iii"' 11 !(n", III!! ifll'l I I!!!' II : : I f,nd I . I .11'. ;.",. I '"' IIIII! ' Ii 11,1 Iii I IIi II! II" i' I i! ! III III I filii,! ',!,i I ,'" ". ! ' I ',..,. 1I'1I! , lit I' I' ~ l II " I II.. I . , , ' . . i....... __~.._ .......... I \ :ls ~ I i I l I I I I l *-~ ,. i Il... ------I-- I II i' ill Ii !!r- ),--- EXHIBIT A ~ jPl1l1fUUW '-, 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 r CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCil Patricia E. Healy ". PLANNING & BUILDING AGENCY 20 Civic Center Plaza eM-lO) P.O. BOX 1988 . Santa Anal California 92702 (714) 667-2700. Fax (714) 973-1461 www.santa-ana.org August 2, 2006 Matt Rogers Don Krotee Partoership, Incorporated 5 I 5 North Main Street, Suite 200 Santa Ana, CA 92701-4619 RE: DP NO. 2006-14R (MASTER J.D. NO. 2006-68033), ER NO. 2006-31, WONG RESTAURANT BIDLDING, 202 SOUTH BRISTOL STREET Dear Mr. Rogers: The City of Santa Ana Development Review Committee (DRC) has reviewed your proposed project, which includes the construction of a 2,600 square foot restaurant building at 202 South Bristol Street. Please find the attached comments by agency which identifies the requirements and conditions generated as a result of the DRC's review of the submitted site plan. Please be advised that the Planning Division, Fire Department, Police Department and Public Works Agency have determined several concerns that require an infortnal resubmittal of the proposed proj ect. In order to obtain site plan approval, revised plans reflecting the various concerns of the attached document need to be submitted. Please contact me to schedule an appointment to submit one set of the revised plan. A meeting to discuss the attached comments with the DRC Agencies may be arranged by contacting me at your convenience. Please contact me at (714) 667-2713 should you have any questions. Sincerely, 1l~"~ Senior Plann~. VF:TR vf\DRG\DP06-t4R Enclosures CS.6lJ6.2 ern Of SANTA ~NTAP'\\\'\(; I 1,1 ,\HIII!!I\!; 1 1 \\,1\(\ Planning(- 'uilding Agency Building ,--,ty D.ivision 20 Civic Center Plaza P.O. Box 1988 (M-19) Santa Ana, CA 92702 (714) 647-5800 www.santa-ana.org ( DEVELOPMENT REVIEW COMMITTEE COMMENTS 1_ - -~,- ...- PROJECT NAME: WONG RESTAURANT BUILDING PROJECT ADDRESS: 202 South Bristol Street DP NUMBER: 2006-14R DUE DATE: 7-25-06 DATE OF REVIEW: APN: 007-212-25,26,27,28 and 29 PLAN REVIEWER: Jerry Gusman CASE PLANNER: Vince Fre2oso PLAN REVIEWER'S TELEPHONE NO: (714) 647-5833 THIS REVIEW IS GENERALLY LIMITED TO SITE PLAN RELATED ITEMS AND IS BASED ON THE PRELIMINARY PLANS SUBMITTED. THERE WILL BE ADDITIONAL REQUIREMENTS WHEN CONSTRUCTION DRAWINGS ARE SUBMITTED FOR BUILDING SAFETY DIVISION PLAN CHECK AND PERMIT ISSUANCE. THE FOLLOWING ITEMS ARE APPLICABLE TO THIS PROJECT I. SITE PLAN REVIEW 1. There are no additional Building Safety Division comments for Site Plan Review. A complete review shall be completed when construction drawings and supporting documents are submitted for Building Safety Division plan check and permit issuance. II. BUILDING SAFETY DIVISION PLANCHECK SUBMITTAL The following are general REQUIREMENTS. Drawings and supporting documentation submitted into Building Safety Division Plan Check must show compliance. 1. The City of Santa Ana currently uses the 2001 edition of the California Building Code (CBC) with local amendments. The codes in effect at the time application is made for permits shall be the governing building standards. 2. The Building Safety Division should be consulted for plan check design and submittal requirements. Electrical, plumbing, fire sprinkler systems, mechanical, and grading work requires separate plans, applications, fees and permits. Compliance shall be made with the California Code of Regulations, Title 24, Part 6 requirements for energy conservation. For submittal requirements, please call (714) 647-5800 and ask for a Permit Technician. Appointments can be made between 8 a.m. and 12 noon to submit plans. , . ( L DP 2006-14R 202 South Bristol Street July 7, 2006 Page 2 of2 3. A geotechnical report shall be required for this project. The report must address the potential for seismically induced soil liquefaction and soil instability as described in CBC Section 1804.5. 4. Prior to the issuance of the building permit (s), tract maps parcel maps, lot line adjustments, public way abandonment's, covenant, and conditions and restrictions (CC&R), etc., related to the subject project must be legally recorded with the County of Orange. CBC Sections 104.2.1, 106.3.2 and 503. JG:bam " , , , (- ( VINCE FREGOSO PLANNING AND BUILDING JULY 31, 2006 KARL ELLMAN FIRE DEPARTMENT DP NO. 2006-14R, 202 SOUTH BRISTOL STREET, WONG RESTAURANT BUILDING 1. No Comments. KARL ELLMAN, FIRE SAFETY ANALYST FIRE PREVENTION BUREAU for PHILLIP M. GARCIA, FIRE CHIEF KE:nn cc: Terry Rose DP 2006-14R , . ( Wong Restaurant Building ~ 202 South Bristol Street DP No. 2006-14R, ER No. 2006-31 Master J.D. No. 2006-68033 August 2, 2006 Page I of3 c PLANNING DIVISION COMMENTS: A) Prior to site plan approval resolve the items identified below: I) The south and east tower elevations need minor refinements. Consider recessing the area around the windows about four inches to provide a break in these large wall areas and to give depth to these elevations. 2) Please note on the plans that the wall signs are not part of this review and will be reviewed under separate permit. As proposed, the signs do not comply with the Sign Ordinance as only three wall signs are permitted. B) Prior to submittal into BuUdin!! Plan Check: I) A lot consolidation action to merge the parcels into one lot will need to be applied for and be approved. 2) Plans shall note that all utility lines shall be installed underground. 3) There shall be no exposed downspouts, scupper drains, electrical or mechanical lines on the building. All mechanical equipment shall be screened from view in an architecturaIly integrated manner. 4) The trash enclosure will need to be built per City standard, which is 6 feet by 7 feet, 2 inches (minimum dimension) for a single enclosure. The proposed double enclosure will need to be 7 feet, 2 inches by 12 feet. 5) The fIre department connection will need to be relocated to an area that is less visible and can be easily screened by landscaping. Please consult with the Planning Division and Fire Department to address this issue. 6) A landscape plan check fee in the amount of $315.00 is charged for this non-residential project. A re-check fee for approved landscape plans will be charged in the amount of $60.00 per hour. 7) Submit three sets of working drawings for review and approval to the Landscape Development Associate that include the following: a) Water Conservation Concept Statement. Note: The State Water Efficient Model Ordinance, effective January I, 1993, applies to this project. The necessary forms and information for the Ordinance are required as part of the landscape working drawings. Calculate the data using the Model Ordinance formulas (June, 1992 version) and the appropriate City of Santa Ana forms. NO OTHER FORMS OR CALCULATIONS ARE ACCEPTABLE. Rain sensors and water moisture sensors are encouraged as part of the design of the irrigation system. An irrigation schedule that reflects the water needs for each month is required. Contact Phillip Vakili in Transportation and Development Services at (714) 647-3322 for secondary water meter information. . , , . . ~ Wong Restaurant Building 202 South Bristol Street DP No. 2006-14R, ER No. 2006-31 Master LD. No. 2006-68033 August 2, 2006 Page 2 of3 ( PLANNING DIVISION COMMENTS: b) A two-inch layer of shredded bark mulch is required in all landscaped areas where shrubs, perennials, and ground covers are planted. This information should be added to the landscape plan under General Comments or be included as part of the Plant Legend. c) The grading plan for the site must be approved by the Public Works Agency prior to approval of the landscape plan. An approved copy of the grading plan must be submitted with the landscape plan d) Call out backflow devices and provide landscaping to screen them. e ) Avoid placing light standards in the landscape planters. Lighting must be coordinated to avoid conflicts between required trees and proposed light standards. f) As part of the Bristol Corridor Plan, note that the inner row of street trees has one Jacaranda for every five sycamores. f) A Date Palm should be provided in the comer setback at Bristol and Walnut instead of a canopy tree. g) Note the selection of Canopy shade trees in the plant palette for the Bristol Corridor-some of these species will be cleaner for the parking lot and should be considered over the Jacarandas. h) The street tree along Pine Street should be Canary Island Pines. i) Page 67 of the Bristol Corridor Specific Plan features a shrub/vine palette which should be used for the majority of plantings-some accents of other perennials called out on the conceptual plan may be used in limited quantities as accents. j) The espalier plant list is not part of the Bristol Corridor palette. Please refer to Page 67 for the recommended list. 8) The Bristol Street Corridor Specific Plan requirements shall apply to this project. 9) The Case Planner and Landscape Development Associate must initial the Building Division building permit application form. Please call for an appointment. C) Closinl! Comments: I) Based on a cursory review of all relevant information available at this time, staff has made the determination that this project is exempt under the California Environmental Quality Act (CEQA). No further action or fees are required for your project. 2) The proposed site plan shall be revised and resubmitted informally. " . ( Wong Restaurant Bui]ding - 202 South Bristo] Street DPNo. 2006-]4R, ERNo. 2006-31 Master J.D. No. 2006-68033 August 2, 2006 Page 3 of3 ( PLANNING DIVISION COMMENTS: 3) Contact your case planner, Vince Fregoso, at (714) 667-2713 for additional planning information. 4) The Landscape Architect for the project should contact Marvin Ellenbecker, Landscape Deve]opment Associate, for the specific landscape requirements for this project at (7]4) 667- 271 1. ", .... . I '-- ( CITY OF SANTA ANA POLICE DEPARTMENT SITE PLAN REVIEW REPORT Case No 2006-14R Project Wong Restaurant Building Date 7-31-06 Applicant Matt Rogers Location 202 South Bristol Street Site Plan Review SITE PLAN REVIEW: * Discretionary Action Type Requirements for Site Plan Approval C R * * * I. Request applicant apply for a 24-Hour CUP at this time 2. Redesign trash enclosure to current City of Santa Ana standards. Interior 6 feet by 7 feet 2 inches for single dumpster. 3. Rear area of restaurant to be fenced off. Planning Dept. Case Planner Fregoso *** For questions or problem resolution regarding any Police Department conditions or requirements at any stage of your project please call PSO Mike McCoy at 647-5840. PLANNING COMMISSION: Conditions of Approval for Discretionary Actions: 1. To be determined PLAN CHECK: Items to be completed prior to submittinl!: Plans into Plan Check C R * * C = Condition I. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on your submitted set of plans. See commercial or residential supplement. Discretionary action conditions (if applicable) must be printed on your set of plans. R = Requirement I ; " c C R * 2. (~ Your assigned DP number from Site Plan Review must be located on the cover sheet of all plans submitted into plan check, This is in addition to your permit number. * 3. You must submit a full set of electrical plans to the Police Department; at the time you submit your architectural plans. This is to verifY exterior door lighting placement and parking lot illumination levels. * 4. Photometric foot-candle calculations (three sets) of all parking lots and walkways must be submitted to the police department and included in your architectural plans. This is prior to pulling electrical permits. Photometric calculations must be superimposed on a scaled site plan of the project. NOTE: All applicable Security Ordinance Sections and a structural hardware schedule must be incorporated on plans for approval prior to issuance of a building permit. The following code sections are provided as a guide in order to assist you in evaluating your project. The sections listed mayor may not be applicable to your project. Final determination will be made at the plan checking stage of the process. * C Condition = Police Department policy subject to Plarming Commission approval. * R Requirement = Mandated by Municipal Code. * C = Condition R = Requirement 2 .' .. ~ ( c MEMORANDUM To: Vince Fregoso, Senior Planner Planning & Building Agency Taig Higgins, Principal Engineer Public Works Agency Date: August 2, 2006 NPDES PRIORITY PROJECT From: Subject: DP NO. 2006-14R, 202 SOUTH BRISTOL STREET; AP NO. 007-212-(25 THRU 29) PURPOSE: THE APPLICANT IS PROPOSING THE CONSTRUCTION OF A NEW 2,600- SQUARE-FOOT RESTAURANT BUILDING FOR A TENANT BEING DISPLACED BY THE BRISTOL WIDENING PROJECT. PROJECT: WONG RESTAURANT BUILDING The applicant is advised at this time that this project abuts Bristol Street, which the City plans to widen in the future. The City of Santa Ana has a five-year moratorium on trenching, cutting, excavation, etc., on any newly paved/constructed street. Therefore, no new utility laterals will be allowed along Bristol Street after the City completes this capital improvement project. Certain improvements such as the driveways drive approaches, walkway, and drainage connections may be constructed by the developer or the City depending on the timing of both the retail project and the city project. The Public Works Agency has reviewed the proposed project. To ensure that the requirements of the Santa Ana Municipal Code are met, the developer must obtain approvals from the Public Works Agency at three different phases of the development process - 1) Prior to the Site Plan Approval, 2) Prior to the Issuance of a Grading Permit, and 3) Prior to the Issuance of a Building Permit. The details of all requirements are as follows: A. Prior to the site plan approval. complete the followinl!: 1. Revise the site plan to add the note "The applicant will be required to pay his fair-share in the amount specified by the City for the improvement associated this project and will be constructed by the City such as new sidewalk and street trees along the entire property frontage on Bristol Street. Also, the applicant to identify, in detail and construct all the utilities to service this site prior to the City project on Bristol Street, as per SAMC Sec. 33-54. There is a five-year moratorium on cutting or opening newly constructed or resurfaced streets". 2. Revise the site plan to reflect the proposed catch basin on Bristol Street and location of the driveway to be a minimum of 5' away from the beginning of the catch basin local depression. (See attached exhibit A.) DP No. 2006-14R ( -2- ( August 2, 2006 'I' '.. '. B. Prior to the issuance of a l!radinl! Dermit., comDlete the foIIowinl!: 1. Provide proof of coverage under NPDES "General Construction Activity Storm Water Permit" that includes: a. A Copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number (WDID). Contact: State Water Resource Control Board Division of Water Quality P.O.BOX 1977 Sacramento, CA 95812-1977 Attention: Storm Water Permit Unit b. Two copies of the "Storm Water Pollution Prevention Plan". NOTE: This project involves construction activities that result in a land disturbance of one or more acres. Project owners, including the landowner and involved developers, must obtain coverage from the State Water Resource Control Board under the General Construction Storm Water Permit to discharge storm water associated with construction activity. Contact Harry Chin at (714) 647-5641 for assistance. For an informational package containing a copy of storm water permit regulations, blank Notice of Intent form and instructions for filling and submitting the form, contact Joe Parco at (714) 647-5630 for assistance. 2. Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design," structural "Source Control," and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 3. Provide two copies of the "Water Quality Management Plan" (WQMP) that include the following: a. Site Assessment. b. Site Design BMPs. c. Applicable Routine Source Control BMPs. d. Selection and sizing of the Treatment Control BMPs. e. Mechanism(s) by which funding for long-term operation and maintenance of all Structural BMPs will be provided. ., ~ .' . . ( DPNo.2006-l4R -3- ( August 2, 2006 f. Operation and Maintenance (O&M) Plan to describe the long-term operation and maintenance requirements of all applicable Structural BMPs and to identif'y the entity in charge of implementation. NOTE: All new developments and existing facilities with significant redevelopment, irrespective of their size or category (priority or Non-priority) shall provide and have approved a Water Quality Management Plan (WQMP) prior to the issuance of a grading permit. The WQMP document shall describe all applicable BMPs consistent with the approved surface drainage/grading plan. Contact Joe Parco at (714) 647-5630 for assistance. 4. 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. 5. Pay the required fees as follows: a. WQMP Checking Fee. b. Plan Check Fee - surface drainage/grading/erosion control. c. Federal Clean Water Protection Enterprise Fee - a surcharge of26% added to Public hnprovement Plan Check, Sewer Lateral/Water Service, Street Work Permit, and Grading Permit fees. NOTE: The above fees are current and subject to change. The applicant must pay the prevailing rate at the time payment is made. C. Prior to the issuance of a buildine: permit.. complete the followine:: 1. File, process, and record the following: a. 25 'X25' comer cut-off irrevocable offer to dedicate at the northwest comer of Bristol Street/Pine Street and the southwest of Bristol Street/Walnut Avenue. b. File, process, and record a Lot Merger/Final Map, as required by the Planning and building agency. NOTE: Please contact Ian Leveton at (714) 647-5019 for assistance. 2. Prepare and submit for approval a street improvement plan for all work required to be constructed within the public right-of-way per the traffic study and the run-off study recommendations. Contact Rolando Mateo at (714) 647-5021 for assistance. " lI-' .. .. ( DP No. 2006-l4R -4- ( August 2, 2006 3. Construct all associated improvements identified in the site plan and herein, per the City Standards and the approved plans including: a. Sidewalk, driveways, curb, and gutter. b. Street trees and tree wells. c. Remove existing driveway, if identified for removal, and construct a new pec sidewalk, and a new curb and gutter, including 2' of asphalt concrete, per the City Standards and approved plans. d. Construct new 8" thick PCC driveway, per the City Standards and approved plans. e. Install 24" box street trees per the City Standards and approved plan. f. Construct concrete sidewalk, curb and gutter along the project development frontages per the City Standards and the approved plan. g. Construct new sewer lateral per the City Standards and the approved plan. h. Construct a new water services and fire services as required and per the City Standards and the approved plans. 1. Construct all required improvements per the run-off recommendations. 4. Pay the required fees as follows: a Plan Check Fees - dedication and street improvement. b. Fair-share in the amount specified by the City for the improvement such as new sidewalk and street trees along the entire property frontage on Bristol Street. c. Orange County Sanitation District (OCSD) No. 1 - connection fee for restaurants is $3,110 per every 1,000 square feet of building area. d. Transportation System hnprovement Fee (Area F) - based on $1.81 per square foot of commercial building area. e. Drainage Assessment Fee (Area N) - $5,237.52 per acre. f. Sewer Connection Fee - based on the number of plumbing fixture units at the current cost of$78.l4 per unit. The Public Works Agency will require a set of both plumbing and floor plans showing all existing and new plumbing fixtures. NOTE: The above fees are current and subject to change. The applicant must pay the prevailing rate at the time payment is made. 'J -f' ... ~ DP No. 2006-14R ( -5- ( August 2, 2006 5. Street work is required to be performed by a licensed contractor. The contractor must provide the following prior to the issuance of the street work permit: a. A City of Santa Ana business license. b. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney. c. A Contractor's license (with approved classification). d. Proof of Workers' Compensation Insurance. e. Two (2) sets of the approved street improvement plans. f. If there are any new connections to the City's Water Main, provide an approved application for installation of Water Service. For an application, contact Phillip Vakili at (714) 647-3322. 6. Should the developer seek a building permit release prior to completing the off-site improvements, the developer must provide a cash bond (or cash deposit) in an amount specified by the City of Santa Ana upon approval of all improvement plans and unit quantities. This cash bond (or cash deposit) shall guarantee the construction of all necessary improvements. The cash deposit shall be released within 45-days from the date that the improvements have been completed and the street work permit has been signed off by the Public Works Agency's Construction Inspector. The deposit amount will be determined based upon surface drainage and street improvement plans. D. Prior to the issuance of auulications for water and fire services. comulete the followinl!: 1. Arrange for installation of any needed new, or relocation or upgrading of any existing domestic or irrigation water services as required by the Public Works Agency. These facilities will be installed in conformance with City Standards and approved plans. Installation will be done by the developer's contractor (requiring an "A" or a "C-34" contracting license) following the issuance of a water application and a street work permit. Demand calculations per gallon per minute for size determination are required for both domestic and irrigation water meters. Contact Phillip Vakili at 647-3322 for assistance. NOTE: All projects with more than 2,500 square feet of landscaping and a lot size greater than 15,000-square-feet will require a separate landscape irrigation water meter of proper size to supply the project's landscape irrigation system. 2. Arrange for installation of any new or relocation or upgrading of any existing fire protection facilities as required by the City of Santa Ana Fire Department. These facilities will be installed in conformance with the City Standards and approved plans. Installation will be done by the developer's contractor (requiring an "A" or a "C-34" l .( "f' ....... _ DP No. 2006-l4R ( -6- ( August 2, 2006 contracting license) following the issuance of a water application and a street work permit. Contact Fire Department Plan Check at (714) 647-5700 for assistance. 3. Prior to turning on water meters (domestic and irrigation) and/or fire services, arrange for installation, testing and certification of all needed backflow protection devices, whether such devices are shown on the project plans or not. Approved backflow devices will be installed on-site by the developer in conformance with the code regulations and the City requirements. Contact Tom Dix at (714) 647-3341 for assistance. E. Prior to connection to the City or OCSD sanitary sewer systems: 1. All new development projects fronting a City public sewer or Orange County Sanitation District (OCSD) sewer shall be served by a separate and new sewer lateral connection(s) to serve each individual lot or parcel. 2. The Developer shall arrange for construction of the new sewer lateral(s) per the City Standards and approved Improvement plans, following the issuance of a Street Work Permit. The sewer lateral shall be installed by a licensed contractor that possesses either an "A", "C-34", or "C-36" license. 3. Use of a common or shared sewer lateral/system among separate commercial/industrial parcels or residential lots (with no direct public sewer access) is only allowed if a CC&R's for maintenance and cost sharing responsibility of such laterals/systems is prepared and recorded. 4. Construction of a new or using an existing OCSD sewer lateral connection shall be approved by OCSD officials in advance. The developer shall submit plans to OCSD for review and approval. After the connection plan is approved by OCSD, the City of Santa Ana will process an OCSD connection permit. The connection permit will be issued to the developer by OCSD upon payment of applicable OCSD permit inspection fees. 5. Any existing sewer lateral(s) serving the project site shall be properly capped and abandoned at the property line. Contact Phillip Vakili at (714) 647-3322 for assistance. Please contact Nasser Rizk, Senior Engineer, at (714) 647-5036 for assistance regarding the above requirements. Attachment T:\Development Services\Development Project Files\BristoIS202 _06-014R_ WongRetail Buildings_NR\MEMO _BristoIS202_06-Q14R_ WongRetail Buildings_NRdoc .' "J-J ~ ( ( 5' 50' ~. ~ .. ..- Wo W~ 0:: ..- en DRIvE APPROAC" PER C.S.A. STD; 1112 CASE 1. ..30' A-40' X~. PROP. WHEElCH.l1 R RAIM' PROP.SIOEWAlIt- ________________ EXIST. ~DEWA:~------ -' o ..- CJJ - 0::0 CC~ --------------------------- 8+00 I '+00 PINE STREET II " [XHI8It It- l7tE: "'1DP MtJ'.. ot L(. 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