HomeMy WebLinkAbout FULL PACKET_2007-04-02ORDINANCE NO. NS-2739
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE REGARDING AMENDING
CHAPTER 41 TO ADOPT THE F SUFFIX TO MODIFY A
ZONING DISTRICT, AMENDING CHAPTER 41 TO
ESTABLISH THE OVERLAY ZONE SUFFIX (ZOA 2007-01)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Zoning Ordinance Amendment No. 2007-01 is necessary to implement a
high-intensity mixed use urban village through the adoption of the Metro
East Overlay Zone.
B. Zoning Ordinance Amendment No. 2007-01 also amends chapter 41 to
add the F suffix to the modification districts. The F suffix will modify a
zoning district with the F suffix to a floor area ratio of 1.0.
C. The Applicant is requesting adoption and approval of the Final
Environmental Impact Report No. 2006-01, Zoning Ordinance Amendment
No. 2007-01, Amendment Application No. 2007-01, General Plan
Amendment No. 2007-01, Development Agreement No. 2007-01, Site
Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County
Map No. 17069) to allow construction of two residential high rise buildings
with 374 condominium units and 8,800 square feet of retail space for the
property located at 1901 East First Street.
D. On February 26, 2007, the Planning Commission held a duly noticed
public hearing and unanimously voted to recommend that the City Council:
a. Adopt a resolution certifying Final Environmental Impact Report No.
2006-01 and approve the mitigation monitoring program and
statement of overriding considerations (Volume I) for the Metro
East Mixed Use Overlay Zone.
b. Adopt an ordinance approving Zoning Ordinance Amendment No.
2007-01.
c. Adopt a resolution approving General Plan Amendment No. 2007-
01.
E. On February 26, 2007, the Planning Commission continued the following
actions to the March 12, 2007 meeting:
a. Adopt a resolution certifying Final Environmental Impact Report No.
2006-01 and approve the mitigation monitoring program and
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statement of overriding considerations (Volume II) for the First and
Cabrillo development project.
b. Adopt and ordinance approving Development Agreement No. 2007-
01.
c. Adopt a resolution approving Site Plan Review No. 2007-01 as
conditioned.
d. Adopt a resolution approving Tentative Tract Map No. 2007-01
(County Map No. 17069) as conditioned.
F. On February 26 and March 12, 2007, the Planning Commission
unanimously voted to recommend that the City Council adopt an
ordinance approving Amendment Application No. 2007-01.
G. On March 12, 2007, the Planning Commission unanimously voted to
recommend that the City Council:
a. Adopt a resolution certifying Final Environmental Impact Report No.
2006-01 and approve the mitigation monitoring program and
statement of overriding considerations (Volume II) for the Cabrillo
development project.
b. Adopt and ordinance approving Development Agreement No. 2007-
01.
c. Adopt a resolution approving Site Plan Review No. 2007-01 as
conditioned.
d. Adopt a resolution approving Tentative Tract Map No. 2007-01
(County Map No. 17069) as conditioned.
H. On March 19, 2007, 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.
Final Environmental Impact Report No. 2006-01, the Mitigation Monitoring
Program, and the Statement of Overriding Considerations which came
before the City Council on March 19, 2007, and was approved and
adopted by resolution at that hearing. At the March 19, 2007 meeting, the
City Council also adopted a resolution approving General Plan
Amendment No. 2007-01; adopted an ordinance approving Amendment'
Application No. 2007-01; adopted an ordinance approving Development
Agreement No. 2007-01; and adopted a resolution approving Site Plan
Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map
No. 17069). This ordinance incorporates by reference, as though fully set
forth herein, the ordinances and resolutions and said Final Environmental
Impact Report, Mitigation Monitoring Program, and Statement of
Overriding Considerations, and all of their respective facts, findings and
conclusions in support of this resolution and the findings made herein.
Section 2. Section 41-185 is hereby amended to read as follows (new language
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shown in bold, deleted language shown in strikeout for tracking purposes only):
Sec. 41-185. Modification districts.
(a) The use districts established in Section 41-184 may
be altered to conform with the following:
(1) The B suffix +~_~ i+ norlrinr^~ h.. appending to-the district
classification eftef a ~eJhinh shall allow properties within the
district so modified to be used exclusively for parking as described
in section 41-611 of this chapter.
(2) Lot width and lot area suffix ,
appending te-#~iethe district
classification
nt ~r„hor ~nnonr-l~rroo shall be indicated on the sectional district map
and shall designate the lot width and lot area. The number
preceding the district classification shall establish the minimum lot
width and the number following the district classification shall
establish the minimum lot area.
(3) Overlay Zone (OZ) Suffix appending the district classification
shall allow parcels within the district to optionally develop in
accordance with alternative uses and standards set forth in an
adopted Overlay Zone ordinance, as further described in
Division 28 of this chapter.
(4) The F suffix appending the district classification shall restrict
properties within the district so modified to a maximum floor
area ratio of 1.0. The F suffix shall not apply to properties that
develop in accordance with an Overlay Zone.
(b) The aforesaid land use districts shall be indicated on the sheets which
comprise the official sectional district maps of the city.
Section 3. Division 28 establishing the Overlay Zone (OZ) is hereby added to
the Code to read as follows (new language shown in bold for tracking purposes only):
DIVISION 28. [OZ] OVERLAY ZONE
Sec. 41-595. Applicability of Division.
The regulations contained in this division shall apply to all property
within a district where the district symbol is combined with the "OZ"
(Overlay Zone) suffix and to all property within the "OZ" (Overlay Zone)
District, when applied as a separate district. In all cases where a plan in an
Overlay Zone District has been approved the "OZ" symbol shall be followed
by a number to designate the Overlay Zone number (e.g., OZ1) and the
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development that shall be permitted subject to the provisions of the
approved Overlay Zone development plan and the regulations of this
chapter.
Sec. 41-595.1. Purpose and Intent.
The provisions of this division provide alternative standards and
regulations to the underlying zoning district, where important site,
environmental, safety, compatibility or design issues require additional
flexibility. The Overlay Zone District and suffix is authorized and
established for the purpose of protecting and promoting the public health,
safety and general welfare of the city and its residents by:
(a) Protecting and enhancing the value of properties by
encouraging the use of good design principles and concepts,
as related to the division of property, site planning and
individual improvements with full recognition of the
significance and effect they have on the proper planning and
development of adjacent and nearby properties.
(b) Encouraging, securing and maintaining the orderly and
harmonious appearance, attractiveness and aesthetic
development of structures and grounds in order that the most
appropriate mix of uses and value thereof be determined and
protected.
(c) Providing a method whereby Overlay Zone development plans
are to be based on the general plan as well as other
regulations, programs, and legislation as may in the judgment
of the city be required for the systematic execution of the
general plan.
(d) Recognizing the interdependence of land values and
aesthetics and providing a method to implement this
interdependence in order to maintain the values of
surrounding properties and improvements and encouraging
excellence of property development, compatible with the
general plan for, and character of, the city, with due regard for
the public and private interests involved.
(e) Ensuring that the public benefits derived from expenditures of
public funds for improvements and beautification of streets
and public facilities shall be protected by exercise of
reasonable controls over the character and design of private
buildings, structures and open spaces.
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Sec. 41-595.2. Uses Permitted and Development Standards "OZ" Suffix.
When the "OZ" symbol is applied as a suffix in combination with the
district symbol, the overlay zone regulations are intended to apply only to
those proposed uses which are permitted or conditionally permitted in the
Overlay Zone to which the suffix is combined. In any case where the
development project does not choose to adhere to the Overlay Zone, the
standards and regulations of the underlying zoning district shall apply.
Sec. 41-595.3. Uses and Development Standards in the "OZ" District.
Any matter which cannot be resolved solely by reference to the
adopted Overlay Zone ordinance shall be governed by the provisions of
this Chapter.
Sec. 41-595.4. Submission of Overlay Zone Site Plans; Architectural
Review.
(a) Any application for a permit for a building or structure in any
district combined with the OZ suffix shall be accompanied or
preceded by the filing with the Planning Manager of the
Overlay Zone site plan as described in subparagraph (1)
below. Any application for a permit for a building or structure
in the OZ District shall be accompanied or preceded by the
filing with the Planning Manager of an Overlay Zone site plan
which shall be one of either of the following types:
(1) A plan consisting of architectural drawings or sketches
and plot plans, all to a workable scale, showing the
elevation of the proposed building or structure, signs,
proposed landscaping or other treatment of grounds
around such building or structure, off-street parking and
other physical features such as trees, hydrants, poles,
and other installations, and in addition, such other
plans, drawings or information as may be determined by
the Planning Manager to be necessary to fully evaluate
any requirement for a building permit;
(2) A plan consisting of standards and regulations
pertaining to the following:
(i) The height, location, and bulk of buildings:
(iij The location, arrangement and configuration of
open space and building setback;
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(iii) The location and design of off-street parking
areas;
(iv) The number, size, and location of all signs;
(v) Such other regulations and standards as may be
necessary to accomplish the purposes and intent
of this division or to insure the proper execution
of the general plan.
(b) Upon receipt of an Overlay Zone Site Plan by the Planning
Manager, the same shall be referred to the planning
commission for review and recommendations. The planning
commission shall review said plans for the purpose of
ensuring that buildings, structures, and grounds will be in
keeping with the neighborhood and will not be detrimental to
the harmonious development of the city or impair the
desirability of investment or occupation in the neighborhood.
Sec. 41-595.5. Approval of Overlay Zone Site Plans.
No permit for a building or structure shall be issued for any property
subject to the provisions of this division until the following requirements
have been met:
(a) If the property is within a zoning district classification
combined with an OZ suffix and the applicant wants to apply
the Overlay Zone, the applicant must obtain for said property
an Overlay Zone site plan review permitting use of the
property in accordance with an Overlay Zone plan. Said site
plan review permit shall be approved, conditionally approved,
or denied in accordance with the provisions of Article V of this
chapter. All development shall be in compliance with all
conditions of approval prior to issuance of a utility release by
the Executive Director of the Planning and Building Agency.
(b) If the property is within an OZ District, the Overlay Zone plan
must be adopted by ordinance of the city. Such ordinance, in
addition to adopting the Overlay Zone site plan, shall specify
the uses permitted on such property, together with any
restrictions or conditions pertaining to such uses.
(c) If an Overlay Zone site plan of the type specified in
subparagraph (2) of section 41-595.3(a) as consisting of
standards and regulations is approved, the applicant must
thereafter prepare plans and drawings as specified in
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paragraph (1) of said section in conformity with such Overlay
Zone plan and obtain approval thereof by resolution of the
planning commission after review and recommendations by
the Planning Manager. No building permit or utility release
shall be issued except for development in accordance with
such approved plans and drawings.
Sec. 41-595.6. Application and Hearing.
(a) The Overlay Zone site plan shall be submitted in the form
required by the Planning Manager and shall be accompanied
by a filing fee in such amount as the city council shall from
time to time determine by resolution, except that all
governmental agencies are exempted from the fee
requirement.
(b) The Planning Manager shall give or cause to be given notice of
the time and place of such hearing by mailing notices at least
ten (10) days prior to the date of such hearing to the owners of
all property within three hundred (300) feet of the boundaries
of the property, as shown on the latest available tax roll. The
names and addresses of such owners shall be provided by the
applicant at the time the plan is filed.
(c) Upon the date set for hearing the planning commission may
hear or continue the matter. If a date for the continued hearing
is announced in open meeting, no further notice thereof need
be given.
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 any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 5. The City Council expressly reserves the right to modify, amend or
repeal this ordinance at any time by adoption of a subsequent ordinance.
Section 6. The city clerk shall certify to the adoption of this ordinance and
cause the same to be published in the manner prescribed by law.
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ADOPTED this day of March, 2007.
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- 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
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ORDINANCE NO. NS-2740
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING THE METRO EAST MIXED USE
OVERLAY ZONE (OZ1) AND TO APPLY THE METRO EAST
MIXED USE OVERLAY ZONE TO THE PROPERTIES
GENERALLY BOUNDED BY SANTA ANA (I-5) FREEWAY
ON THE WEST AND SOUTH, SIXTH STREET TO THE
NORTH, AND TUSTIN AVENUE TO THE EAST (AA NO.
2007-01)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The Applicant is requesting adoption and approval of the Final
Environmental Impact Report No. 2006-01, Zoning Ordinance Amendment
No. 2007-01, Amendment Application No. 2007-01, General Plan
Amendment No. 2007-01, Development Agreement No. 2007-01, Site Plan
Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map No.
17069) to allow construction of two residential high rise buildings with 374
condominium units and 8,800 square feet of retail space for the property
located at 1901 East First Street.
B. On February 26, 2007, the Planning Commission held a duly noticed public
hearing and unanimously voted to recommend that the City Council:
1. Adopt a resolution certifying Final Environmental Impact Report No.
2006-01 and approve the mitigation monitoring program and
statement of overriding considerations (Volume I) for the Metro East
Mixed Use Overlay Zone.
2. Adopt an ordinance approving Zoning Ordinance Amendment No.
2007-01.
3. Adopt a resolution approving General Plan Amendment No. 2007-01.
C. On February 26, 2007, the Planning Commission continued the following
actions to the March 12, 2007 meeting:
1. Adopt a resolution certifying Final Environmental Impact Report No.
2006-01 and approve the mitigation monitoring program and
statement of overriding considerations (Volume II) for the First and
Cabrillo development project.
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2. Adopt and ordinance approving Development Agreement No. 2007-
01.
3. Adopt a resolution approving Site Plan Review No. 2007-01 as
conditioned.
4. Adopt a resolution approving Tentative Tract Map No. 2007-01
(County Map No. 17069) as conditioned.
D. On February 26 and March 12, 2007, the Planning Commission
unanimously voted to recommend that the City Council adopt an ordinance
approving Amendment Application No. 2007-01.
E. On March 12, 2007, the Planning Commission unanimously voted to
recommend that the City Council:
1. Adopt a resolution certifying Final Environmental Impact Report No.
2006-01 and approve the mitigation monitoring program and
statement of overriding considerations (Volume II) for the First and
Cabrillo development project.
2. Adopt and ordinance approving Development Agreement No. 2007-
01.
3. Adopt a resolution approving Site Plan Review No. 2007-01 as
conditioned.
4. Adopt a resolution approving Tentative Tract Map No. 2007-01
(County Map No. 17069) as conditioned.
F. On March 19, 2007, 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.
G. Amendment Application No. 2007-01 has been filed with the City of Santa
Ana to adopt the Metro East Mixed Use Overlay Zone (OZ1) and to apply
the overlay zone to the properties generally bounded by Santa Ana (I-5)
Freeway on the west and south, Sixth Street to the north, and Tustin Avenue
to the east (AA NO. 2007-01).
1. OZ1 introduces development forms and uses that will provide for the
creation of a high-intensity, mixed-use urban village within a
previously developed mid-rise to high-rise office environment.
2. Four districts are created within the OZ1: the Neighborhood
Transitional District, the Village Center District, Active Urban District
and the Office District.
H. Amendment Application No. 2007-01 is consistent with the General Plan,
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including but not limited to its goals and policies to:
1. Promote the balance of land uses to address basic community
needs. Land Use Element Goal No. 1.0.
2. Promote land uses which enhance the City's economic and fiscal
viability. Land Use Element Goal No. 2.0.
3. Support pedestrian access between commercial uses and residential
neighborhoods which are in close proximity. Land Use Element
Policy 2.4.
4. Promote rehabilitation of commercial properties, and encourage
increased levels of capital investment. Land Use Element Policy No.
2.8.
5. Protect and enhance development sites and districts which are
unique community assets that enhance the quality of life. Land Use
Element Goal No. 4.0.
6. Support land uses with provide community and regional economic
and service benefits Land Use Element Policy No. 4.3.
7. Encourage the development of projects that promote the City's image
as a regional activity center. Land Use Element Policy No. 4.4.
8. Encourage development of employment centers and mixed use
projects within targeted areas adjacent to major arterial roadways and
freeway corridors. Land Use Element Policy No. 4.5.
9. Target area in the City for the creation of new housing units and
opportunities for all segments of the community. Housing Element
Policy 4.1.
10. Encourage a balance of land uses that promote livable communities.
Housing Element Policy 6.2.
I. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that the Metro East Mixed
Use Overlay Zone is consistent with the purpose of the general plan.
1. The City Council also adopts as findings all facts presented in the
Requests for Council Action dated March 19, 2007 accompanying
this matter.
2. For these reasons, and each of them, Amendment Application No.
2007-01 is hereby found and determined to be consistent with the
General Plan of the City of Santa Ana and otherwise justified by the
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public necessity, convenience, and general welfare.
J. Final Environmental Impact Report No. 2006-01, the Mitigation Monitoring
Program, and the Statement of Overriding Considerations which came
before the City Council on March 19, 2007. At the March 19, 2007 meeting,
the City Council also adopted a resolution approving General Plan
Amendment No. 2007-01; adopted an ordinance approving Zoning
Ordinance Amendment No. 2007-01; adopted an ordinance approving
Development Agreement No. 2007-01; and adopted a resolution approving
Site Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County
Map No. 17069). This Ordinance incorporates by reference, as though fully
set forth herein, the ordinances and resolutions and said Final
Environmental Impact Report, Mitigation Monitoring Program, and Statement
of Overriding Considerations, and all of their respective facts, findings and
conclusions in support of this ordinance and the findings made herein.
Section 2. Metro East Mixed Use Overlay Zone (OZ1) as set forth in Exhibit
"A", attached hereto and incorporated as though fully set forth herein, is approved
adopted in its entirety.
Section 3. The Metro East Mixed Use Overlay zone is hereby applied to the
properties generally bounded by Santa Ana (I-5) Freeway on the west and south, Sixth
Street to the north, and Tustin Avenue to the east. Amended Sectional District Map
numbers 8-5-9 and 17-5-9 showing the above described change, is hereby approved and
attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth
herein. (AA No. 2007-01).
Section 4. This ordinance shall not be effective unless and until Resolution
No. 2007-027 becomes effective. If said resolution is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not
go into effect for any reason, then this ordinance shall be null and void and have no
further force and effect.
Section 5. The City Council expressly reserves the right to modify, amend or
repeal this ordinance at any time by adoption of a subsequent ordinance.
Section 6. 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 any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
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ADOPTED this day of , 2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES:
NOES:
Councilmembers
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- 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
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Table of Contents
Section 1 Purpose and Objectives
Section 2 Applicability 3
Section 3 Development Districts 5
Section 4 Development Standards 9
Section 5 Design Principles 25
Section 6 Signs 29
Section 7 Compatibility/Operational Standards 31
Section 8 Implementation 33
FIGURES
Figure 1 : MEMO Overlay Zone Location 3
Figure 2: MEMU Overlay Zone Development Districts 5
TABLES
Table 1 : District Descriptions 7
Table 2: Development Standards Summary 9
Table 3: Land Uses 10
APPENDIX
Metro East Public Realm Amenity Plan
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1.0 Puraose and Objectives
1.1 PURPOSE
The purpose of the Metro East Mixed Use Overlay Zone,
hereinafter referred to as the MEMU Overlay Zone, is to
introduce development forms and uses that will provide for the
creation of ahigh-intensity, mixed-use urban village within a
previously developed mid-rise to high-rise office environment.
This chapter establishes standards which will fulfill the following
major objectives for this mixed-use urban village area.
1.2 OBJECTIVES
The Metro East Mixed Use Overlay Zone is intended to create
a unique urban environment that that achieves the following
objectives:
a. Create an active, mixed-use urban village where it
is possible to live, work, shop and play all within a
short walk of each other.
Create highly-amenitized streetscapes that provide
items such as landscaping, street furniture, niche
or linear parks, passive and active water features,
public plazas and courtyards, public art, and public
transportation shelters in a design that integrates the
public realm with adjacent private development and
serves to create a distinct identity for the district.
f. Provide for an appropriate interface of land uses and
development intensities relative to the Santa Ana (I-5)
and Costa Mesa (SR-55) Freeways.
g. Create ahighly-integrated pedestrian system that
provides for connectivity between the residential
areas and public recreation amenities to the north
and the MEMO Overlay Zone area.
b. Facilitate well-designed new mixed-use development
projects that combine residential and nonresidential
uses through innovative and flexible design solutions.
c. Achieve the harmonious integration of new mixed-use
development within the existing fabric of the mid-rise
and high-rise office environment.
d. Encourage urban form and architecture that
incorporate contemporary design styles and solutions
as well as the use of sustainable building and site
design concepts such as green buildings, energy-
conserving building materials, and landscaping
designs that reduce water consumption.
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Contemporary design solutions
Mixed-use urban village prototype
Active urban mixed-use
Street-facing retail
h. Provide for active street life through the inclusion of
dedicated pedestrian-oriented design and active uses
on the ground floor at strategic locations.
i. Provide for a mix of housing in order to encourage a
continuum of living and a variety of household types.
j. Ensure that each project includes exceptional site
planning, unique architecture, high-quality building
materials, extensive open space, indoor and outdoor
amenities and first-rate public improvements.
Encourage parking solutions that provide for
adequate parking to ensure the long-term quality
of the project, but that are creative in their design
thereby enhancing the area's urban form. Parking
requirements are designed to create a level of scarcity
that will discourage vehicle trips, increase pedestrian
activity, and enhance the provision of high-quality
building and site design.
I. Facilitate project designs that encourage adequate
amounts of retail or commercial space to service
residents and/or employees within the development
and the larger Metro East Overlay Zone area.
m. Allow for the development of varied residential types
in a mixed-use configuration including, but not limited
to, loft-style units, live/work units, attached row
houses, and high-quality stacked flats.
n. Provide adequate access for public safety services.
o. Stimulate investment and reinvestment in the area
through the provision of a comprehensive planning
framework that facilitates private-market success.
p. Provide for an alternative set of zoning regulations
than is provided for by the underlying zoning district.
Unique architecture
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Ground-floor commercial space at strategic corner
q. Implement the City's General Plan.
Contemporary building materials
2.0 Aaplicabili
The MEMU Overlay Zone is comprised of the properties
generally bounded by the Santa Ana (I-5) Freeway on the
west, Park Court Place and its prolongation to Tustin Avenue
on the north, First Street on the south, and Tustin Avenue and the
Costa Mesa State Route (SR-55~ on the east. The boundaries
of the MEMO Overlay Zone are depicted in Figure 1 and the
existing zoning sectional district maps.
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Figure 1 MEMU Overlay Zone Location
2.1 APPLICABLE REGULATIONS
These provisions shall apply to all properties within the MEMU
Overlay Zone, but do not supersede the underlying zoning
districts. All new development within the MEMU Overlay
Zone will be subject to the requirements and improvements
required in the Metro East Public Realm Amenity Plan, which
is included as an Appendix. Definitions of terms not found
within the MEMO Overlay Zone are found within SAMC
Chapter 41, Article 1, Division 2.
2.2 CONTINUANCE OF DEVELOPMENT
RIGHTS USING UNDERLYING ZONING
DISTRICT STANDARDS
All regulations, development standards, and requirements
in the underlying zoning districts shall continue to apply to
those properties that are currently developed according to
the existing standards. New projects may also be developed
to the existing underlying zoning district provided that all
standards and requirements of the underlying zone are met.
2.3 OPTION TO APPLY THE MEMO OVERLAY
ZONE
Properties within the MEMU Overlay Zone may choose to
develop to the standards of the underlying zoning districts or
to the standards contained within this MEMU Overlay Zone.
in order to exercise the option to develop under the MEMU
Overlay Zone district, a MEMU Site Plan Review application
approved by the Planning Commission shall be required. In
granting such approval, the Planning Commission must find
that the proposed development is in compliance with the
provisions of the MEMU Overlay Zone and the Findings in
Section 8.2 of this code section.
In order to facilitate project and site design consistent with
the provisions of this MEMO Overlay Zone, any development
proposal for exercising use of the MEMU Overlay Zone shall
be designed so that any primary use within the development is
located within a newly constructed building. No primary use or
uses shall be located in a building that has been rehabilitated
or is otherwise the reuse of an existing building.
2.4 USE OF PHOTGRAPHS
Photographs are used liberally throughout this document
and are intended for illustrative purposes only. Specific
development standards and regulations contained in this
document are the controlling language for purposes of
development regulation.
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3.0 Develaament Districts
This section delineates the development districts within the
MEMU Overlay Zone (Figure 2) and describes the overall
form and character of each District (Table 1 ~. There are
four development districts in the MEMU Overlay zone that
differ in the permitted land uses and development intensity
as determined by their location and adjacency to sensitive
land uses and freeways as shown on Figure 2. The Village
Center District contains apedestrian-oriented area designed
to serve a central core for the Metro East area. Developments
within the Village Center core are allowed at a slightly greater
intensity to facilitate the role and function of this area as an
activity node within the Metro East area.
Table 1 provides general descriptions and representative
images of the character of each District within the Metro East
Mixed-Use Overlay Zone.
Figure 2 MEMU Overlay Zone Development Districts
11 A-21
11 A-22
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11 A-24
4.0 Development Standards
The MEMU Overlay Zone establishes development standards for each District, as summarized below in Table 2. Additional
requirements for the standards listed in Table 2 are specified in Sections 4.1 through 4.8.
~ - - -
Development -
Standards
by District -
4.1 Lan Uses ISe! T xl in Section 4. 1 f
4.2 Maximum Mo.
3 d
l l7 ~toriz~ in village ~_ore No n,1aX'~m~~r,
~,
Swries ~
Isee section 4.2~ 3 Stones ?~Jiinlmum
4.3 Minimum
Development Sile 20;000 sq. ft: 30,Ci00 sq ft 1 acre 1 .5 acre
Area
4.4 Permiftet) Sttreet
Level 8uiiding
Frontages
Front Porch Yes Yes No No
Stoop Yes Yes No No
Fore Court Yes Yes Yes Yes
Shop Front No Yes Yes Yes
Gallery No Yes Yes Yes
Arcade No Yes Yes Yes
4.5 Publicly Actessible
Open Space S % of Total lot Area 10 % of Total lot Areo 15 % of Total Lnt Area 15 ~ of T.:aal lot Area
4.6 Private/Common
Open Space a 00 sii ft. per unit 100 sq. h. per unit 1 l~~ sq_ ft. per unit 10 % of Total Lot Area
4.7 Building Setbacks
Front 0 - 10 ft. 0 - 20 ft. 0 - 20 ft. 0 - 20 ft.
Side 0 - 10 ft. 0 - 10 ft. 0 - 10 ft. 0 - 20 ft.
Rear 0 - 10 ft. 0 - 10 ft. 0 - 10 ft. 0 - 20 ft.
. Residential: 2.25 .Residential 2.Q-225 .Residential 20-2.25
4.8 Parking spaces per unit spaces per unit spaces per unit Office: 3 spaces per 1000
sq, ft
Non-Residential: Per Non-Residential: Per Non-Residential: Per .
Other: Per Code
Code Code Code
* For futher detail, refer to Section 4.8, Parking and Access.
11 A-25
4.1 LAND USES
The MEMU Overlay Zone sets forth specific uses to be
allowed within each district, as shown in Table 3, subject
to a MEMU Site Plan Review approval by the Planning
Commission. Any use that is not specified as permitted or
conditionally permitted within the MEMU Overlay Zone is
prohibited unless a determination is made by the Executive
Director of Planning that the proposed use is compatible with
the overall intent and character of the MEMU Overlay Zone
as specified in Section 41-601(cj of the Santa Ana Municipal
Code ~SAMC-.
- -. -
- Y
_ y
• ~ - -
o ~ o
f g ~ ~ °+ Special Provisions (references to other applicable
o ~~
c o ~ p code sections or limitations(
r'
R
2~
Residential Uses
Live/Work Units P P P N Subject to provisions of this division
Multiple-Family Residential P N P N
Non-Residential Uses
Art galleries and studios including, but not limited to:
photography; fine art; fiber art; printing, lithography, and P P P P
calligraphy; ceramic and pottery; glass blowing and sculpting
Eating establishments, (cafes, restaurants( N P P P CUP for liquor sales, aher hours operation
Bakeries N P P P
Retail and Service uses N P P P
Medical and Dental offices* p P p p
Professional, administrative and business offices* P P P P
Child care facilities P P P P
Gymnasiums and health clubs N P P CUP
Hotels N P P CUP
Indoor/outdoor entertainment N P p p As defined in Chapter 41 of the
Santa Ana Municipal Code
Schools N P P N
Temporary outdoor activities N p p p Subject to Section 41-195.5 of the
Santa Ana Municipal Code - LUC
Theaters and cinemas N P P P
Use/Operational Standards
Drive through establishments N N N N
* No merchandise may be sold in These establishments
11 A-26
In addition to the land use categories listed in Table 3, the
following regulations and operational standards shall apply
to development within the MEMU Overlay Zone.
4.1.1 Village Center Core: Pedestrian-Oriented
Design and Active Ground-Floor Uses
In order to generate pedestrian use and contribute to an
active street life, developments located in the Village Center
core, properties fronting on Fourth Street will be allowed to
develop up to a height of ten stories for a depth of 150'. The
ground floor of buildings fronting on Fourth Street between
Cabrillo Park Drive and Park Center Drive, and Golden
Circle Drive south of Fourth Street as shown in Figure 2 shall
have commercial uses and pedestrian-oriented designs. The
pedestrian-oriented design features include, but are not limited
to, visually transparent and architecturally articulated building
facades, or designing arcades or courtyards for activities
such as outdoor dining or active open-space areas. Active
uses that are visually accessible to the public also may satisfy
this requirement and may include, but are not limited to, uses
such as a workout room for a health club, a cooking class,
the nonresidential portion of live/work units, or other active-
artisan use.
4.1.2 Live/Work Units
The residential component of live/work units shall be
contiguous with and integral to the working space with direct
access between the two areas and shall not be designed as
a separate stand-alone dwelling unit. This requirement does
not preclude a separate access for the residential area as
long as there is not a physical separation between the living
area and the work areas of the unit. In addition, the following
regulations shall apply to live/work units:
a. Residential use is permitted only in combination with
individual studios in a manner which provides an
integrated working and living environment.
b. At least one I1 loff-street parking space shall be
provided for each dwelling unit.
c. Alive/work unit shall be at least one thousand
11,000) square feet in size.
d. It shall comply with all Housing Code requirements as
modified by section 8-2700 of the SAMC.
e. The residential component of a live/work unit shall
meet the following standards:
1. It shall have a space of at least seven hundred fifty
17501 square feet.
2. It shall have access to separate bathroom facilities,
including a water closet, a wash basin, and a bathtub
or shower.
3. It shall have separate kitchen facilities including a
kitchen sink, cooking appliances and refrigerator. All
such facilities shall have a clear working space of at
least thirty 130) inches in front.
On-site laundry facilities are required within each unit
4.1.3 Stand Alone Residential Development
Consistent with the objectives of the MEMU Overlay Zone to
encourage and facilitate mixed-use, no stand-alone residential
building shall be permitted except as a component of a
mixed-use project that has different uses in multiple buildings
designed as an integrated development. An integrated
development is a project that is built on a site comprised of
more than one parcel or contained in more than one building
when the uses and support facilities such as parking or open
space are designed to function in a cohesive interactive
manner throughout the development site.
11 A-27
Two-story live/work units
Three-story live/work units
4.2 MAXIMUM NUMBER OF STORIES
A. The overall scale and massing of development within the
MEMU Overlay Zone should transition from the existing
low-scale intensity of the Neighborhood Transitional
District, which is adjacent to an existing single-family
residential neighborhood, to mid-rise development in the
Village Center and high-rises in the Urban Core adjacent
to the Santa Ana Freeway. To create a varied skyline
and enhance the form of development sites throughout
the Metro East area, building heights will be regulated
based on the maximum number of stories permitted. The
following maximum story heights are established for the
uses within a building as calculated from floor to floor:
1. Residential: 9-15 feet (includes lofts and live work
unit designs)
2. Retail: 18 feet
3. Retail with mezzanine: 22 feet
4. Specialty retail: 22-24 feet
5. Office: 13.5 feet
B. In compliance with the Airport Land Use Commission
(ALUC) of Orange County, the following conditions shall
apply to all new development with the MEMU Overlay
Zone.
1 . For development of structures that exceed 200 feet
in height above ground level at a development site,
applicants shall file a Notice of Proposed Construction
or Alteration with the FAA (FAA Form 7460-1 ~.
Following the FAA's Aeronautical Study of the project,
projects must comply with conditions of approval
imposed or recommended by the FAA. Subsequent to
the FAA findings, the City shall refer the project to the
ALUC for consistency analysis.
2. Buildings within any District of the Overlay Zone shall
not penetrate the FAA FAR Part 77 imaginary obstruction
surface for,John Wayne Airport.
3. Applicants shall file a Notice of Proposed Construction
or Alteration with the FAA (Form 7460-1) for any
construction cranes that exceed 200 feet in height
above ground level.
C. New development will be required to be within the
following maximum number of stories based upon their
location within the MEMU Overlay Zone except as
specified below:
1. Neighborhood Transitional District: Three
stories maximum
New development shall be of a low scale, and should serve
as a visual transition between the MEMU Village and adjacent
residential areas to the north. New development in this District
shall be compatible in height, scale, and mass with adjacent
residential development to the north, with heights ranging
between two and three stories.
2. Village Center District: Six stories maximum;
ten stories maximum within core area (See
Section 4.1.1)
New development in the Village Center District is more intensive
in scale than Neighborhood Transitional, and shall serve as
a visual transition from the low-intensity of the Neighborhood
Transitional District to the intensive development in the Active
Urban District. The height, scale, mass and bulk of new
development shall be designed to achieve a "human scale"
at the ground level to foster apedestrian-friendly atmosphere,
with buildings located along and oriented to the street
frontages and common plazas. In order to encourage and
maintain active streets and function as a central gathering
place and 18-hour activity center for residents, employees,
and visitors, a core area along Fourth Street will be allowed
to develop at a height of up to ten stories, for a depth of 150'
Three-story live/work units
Five-story mixed-use corner building
(See also Section 4.1 . l ~. Properties outside the core of the
Village Center will be allowed to develop up to a height of
six stories.
3. Active Urban District: No maximum height;
minimum three stories required
The Active Urban District is the most intensive in scale within
the MEMU area, and is designed to create a highly urbanized
environment. New development in this District shall relate in
scale, height, and configuration with adjacent buildings.
New development shall be designed and oriented to promote
intensive public activity at the ground level that integrates and
establishes a cohesive transition to adjacent Districts.
Larger buildings shall be broken down in scale through changes
in massing, changes in plane and profile, facade subdivision,
as well as other architectural means to ensure that the building
is well proportioned and creates a satisfactory composition.
Sites in this District shall be designed so that tower elements
do not impact adjacent lower intensity developments but
rather are designed to maximize exposure to the freeway or
to adjacent developments of a similar intensity.
A minimum building height of three stories is required within
this District to ensure that a level of intensity is achieved on
any development site even when there are multiple buildings
of various heights. Any new development that is ten stories
or greater in the Active Urban District and is proposed at a
location adjacent to amultiple-family residential use or zone
outside of the MEMU area shall be set back at least 150'
from the property line of the adjacent residentially used or
zoned property.
4. Office District: Six stories maximum
Existing development within the Office District varies from two-
story garden offices to the high-rise Xerox Center adjacent to
the I-5 Freeway. Development in this District is limited to office
uses to maintain a core of offices uses within the Metro East
area and therefore is least likely to utilize the provisions of
the MEMU Overlay Zone. New development in this District
under the Overlay Zone will vary from low-rise garden office
to mid-rise office buildings with ancillary uses and may not
redevelop as quickly as other Metro East areas.
The height, scale, mass and bulk of new development shall
be designed to achieve a "human scale" at the ground level
to foster a pedestrian-friendly atmosphere, with buildings
located along and oriented to the street frontages and
common plazas. In order to maintain a consistent level of
development intensity within this District, a minimum height of
three stories is encouraged. If a project is on a large site with
multiple buildings, an average of four stories should be used
as a guide.
4.3 MINIMUM DEVELOPMENT SITE AREA
As a means to encourage development that achieves the
objectives of the MEMU Overlay Zone, all new development
shall have a minimum lot size that facilitates the use of design
principles that achieve adequate setbacks, open spaces,
connections with adjacent properties in the district, and a
high level of site design. Required development site area is
required as follows:
a. Neighborhood Transitional District
20,000 square feet
b. Village Center District
30,000 square feet
Higher intensity mixed-use building
Front street building orientation
c. Active Urban District
1 Acre (43,560 square feet)
d. Existing Office District
30,000 square feet
4.4 PERMITTED STREET LEVEL BUILDING
FRONTAGES
A. Appropriate building frontages reinforce a continuous
urban street wall defining the street edge and
encouraging public-private interaction which results in
active pedestrian urban spaces. In order to encourage a
stronger public-private interaction within the Metro East
area, new development will be required to include one
of the building frontages specified by district below:
^ Front Porch
^ Stoop
^ Forecourt
^ Shop front
^ Gallery
^ Arcade
1 . Neighborhood Transitional District
a. Front porch
b. Stoop
c. Forecourt building frontages are permitted
2. Village Center District
a. Front porch
b. Stoop
c. Forecourt
d. Shop front
e. Gallery
f. Arcade
3. Active Urban District
a. Forecourt
b. Shop front
c. Gallery
d. Arcade
4. Office District
a. Forecourt
b. Shop front
c. Gallery
d. Arcade
B. Street level building frontages shall be designed
according to the following descriptions and requirements:
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1 . Front Porch
A front porch is frontage wherein the facade is set back from the frontage
line with an attached roofed porch that extends into the front open space
area. Porches shall have a minimum dimension of 8 feet in any direction.
__ __
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2. Stoop ~!"~ -
A stoop is frontage wherein the facade is aligned close
to the frontage line with the first story elevated from
sidewalk sufficiently to secure privacy for the windows.
The entrance is usually an exterior stair and landing.
This type is recommended for ground floor residential
uses.
. - . 3~~~=-11
3. Forecourt
A forecourt is a frontage wherein a portion of the facade is close to the
frontage line and the central portion is set back. The forecourt created is
suitable for vehicular drop offs and/or required open space areas. (Minimum
dimension of a forecourt should be 20 x 20 feetl. This type of frontage
should be allocated in conjunction with other frontage types. Large trees
within the forecourts may overhang the sidewalks.
11 A-31
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~ ~,
4. Shop Front ~, _ ~'; ~ . ~' ~ .. ` `~ r r
c ~ a' ~ . ~ ''. `i0, f" `. ~- s ~ ~~:= ~ mow, ; "
A shop front is frontage wherein the facade is aligned close to the frontage line
with the building entrance at sidewalk grade. This frontage is conventional
for retail use. It has substantial non-reflective glazing at the sidewalk level
and should include awnings at main entrances that may overlap the sidewalk
consistent with the City's overhead sidewalk encroachment provisions. = F ~-- ~'
5. Gallery ~~ ~"` „ ~' ~. m~,~ -~' ,`
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A gallery is frontage wherein the ~ ~~`':~ ~,
facade is aligned close to the ~t Y j._.. ~,,
frontage line with an attached ~ '~ ~~~ 4, ~~ ~~:,~ ~ ,
cantilevered shed or a lightweight ~' ~ ~ _~ ~ ~ ~ `~' ~
colonnade which may overlap
front open space areas. This '~~~, ~ ~ ~ ~'
J .J
3_q,
r t ~~
type is convenient for retail use. ~ ~ '~,*~ ~ ~f~- ~~ ''~
The gallery shall be no less than ,;
10 feet wide and may overlap '°'~ ~~'., ~ '~ --
adjacent open space areas up ~ ~''`
to within 5 feet of the parkway
or sidewalk area. ~ ~~` ,,, ~ ` ~~'
11 A-32
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6. Arcade ~, ~'
An arcade is frontage wherein the facade may abut the sidewalk at the
frontage line. This frontage type is conventional for retail use. The arcade
shall be no less than 12 feet wide and may not overhang the sidewalk but
may be within 5 feet of the parkway or sidewalk.
4.5 PUBLICLY ACCESSIBLE OPEN SPACE
In order to provide relief from the intensity of development
within the MEMU Overlay Zone and provide for a high level
of pedestrian connectivity and activity throughout the Metro
East area, it is necessary to provide a variety of open space
opportunities. Publicly accessible open space areas shall be
designed to optimize linkages and connections with adjacent
properties within the District. Further, open space areas shall
encourage active use and pedestrian activity between the
public and the private realm.
A. To achieve well-designed and highly amenitized open
space areas that are accessible to the public, new
development will be required to include an open space
component that is accessible to the public through the Public plaza
main street-facing facade entry of the project. These areas 1. Neighborhood Transitional District: 5 percent
may be inclusive of a front setback or driveway areas, but
may not include parking areas or rear setbacks to satisfy 2. Village Center District: 10 percent
a private open space requirement. All new development 3. Active Urban: 15 percent
within the MEMU Overlay Zone shall provide publicly
accessible open spaces as a percentage of the total 4. Office District: 15 percent
development site area as follows:
11 A-33
In addition to the above requirements, the following
provisions shall apply to the design, location, and materials
used in these open space areas:
1. Plazas, courtyards, or other publicly accessible open
space areas at the ground level may be used to
satisfy this requirement, and shall be incorporated into
the design of the development.
2. Parking and rear setback areas shall not be
considered to meet this requirement. Front and side
setback areas that are integrated into the design of
the public open space may be considered to satisfy
this requirement.
3. Public open space areas shall be visible and
accessible from the public rightsrof-way to engage the
interest of pedestrians and encourage public use.
4. A combination of landscape and hardscape materials
shall be used in the design of these areas to satisfy
the following requirements:
a. Hardscape paving may include brick, stone,
interlocking concrete pavers, textured concrete, and/
or impressed patterned concrete. Hardscape elements
may include, but are not limited to, seating areas,
potted plant materials, water features, and public art
installations.
b. The balance of the open space areas shall be
landscaped with turf, shrubs, or groundcover, and
trees. Ail plant materials shall be in proportion to
the height and mass of the building, and shall be
permanently maintained.
5. In order to achieve sunlight and air circulation in
required open space areas, the following minimum
height to width ratios shall be provided:
a. Enclosed Open Space: 2 to 1 ratio
(Open space that is enclosed on four sides, such as
a courtyard). The required open space shall have a
width of at least one-half the height of the adjacent
building facade (measured perpendicularly from the
facade). This requirement shall apply to all sides of the
required open space.
b. Open Space which is open on one or more sides: 3
to 1 ratio
The required open space shall have a width of at
least one-third the height of the adjacent building
facade (measured perpendicularly from the facade).
This requirement shall apply to all sides of the required
open space.
6. The required publicly accessible open space areas
shall be located and configured as one of the
following:
18
11 A-34
Active public/open space areas
11 A-35
a. Front: The publicly accessible open space area is
located along the street facing frontage of the building
as illustrated.
c. "L" Shaped: The publicly accessible open space
area is located along the front and side of the lot as
illustrated.
b. Forecourt: The publicly accessible open space area
is located along a recessed center section of the front
facade of the building as illustrated.
d. Paseo or Central Courtyard: The publicly accessible
open space area is located on the side of the building
or along a center pedestrian Paseo or courtyard as
illustrated.
4.6 PRIVATE/COMMON OPEN SPACE
To support and enhance the publicly accessible open space,
new development within the MEMU Over-ay Zone will be
required to include private and/or common open space for
resident, tenant and visitor use. Private and/or common open
space shall be provided in addition to the required publicly
accessible open space in Section 4.5.
Residential developments: Private or common open space
shall be provided on a per unit basis for residential projects
and shall be a combination of the total required space
divided between private areas such as balconies or patios or
common areas such as couryards, recreation facilities, multi-
purpose room or other areas designed for the common use of
residents as specified below.
Nonresidential or mixed-use developments: Private or
common open space shall be provided as a percentage of
the total lot area for nonresidential projects and may be used
to provide site amenities such as rooftop decks, courtyards,
or similar features. Mixed use developments shall combine
the residential standards and the nonresidential standard to
satisfy this provision.
A. Private or common open space shall be provided in the
following amounts:
1 . Neighborhood Transitional District: 100 square feet
per unit
2. Village Center District: 100 square feet per unit
and 5 percent of the total development site area for
nonresidential uses.
3. Active Urban District: 100 square feet per unit and
5 percent of the total development site area for
nonresidential uses.
4. Office District: 10 percent of the total development
site area
In addition to the above standards, all private and/
or common open space areas are also subject to the
following provisions in their design, location, and selection
of amenities:
Private and common open space areas shall be
designed for the exclusive use of the residents
or tenants of the property and their guests and
shall not be publicly accessible except in the
Neighborhood Transitional District where the required
private/common open space may be designed in
combination with the required publicly accessible
open space specified in Section 4.5.
2. In the Neighborhood Transitional, Village Center, and
Active Urban Districts, a combination of private and
common open space shall be provided to satisfy the
following requirements:
a. Common open space amenities shall include, but are
limited to, one or more of the following amenities:
courtyards, plazas, tennis courts, swimming pools,
spas, permanently equipped gym/exercise rooms, or
other permanent amenity. Rooftop decks and terraces
may be used to satisfy this requirement, however,
these areas shall be easily accessible to all residents
within the building, and face the public rights-of-way
where possible.
b. Private open space areas may include balconies,
patios, terraces, or rooftop decks. These areas shall
be carefully integrated into the overall architectural
design of the building. Architectural elements such as
railings, trellises, short walls, or roof top enclosures
shall be consistent with the architectural style of the
structure to which they are attached.
3. Open space areas shall be constructed of permanent
materials and be permanently integrated into the
design of the building.
4. In order to achieve sunlight in outdoor common open
space areas, the following building height to open
space width ratios are required: 1 to 1; and 2 to 1 if
the space is open on one or more sides.
fF
Private balcony
Private rooftop deck
4.7 BUILDING SETBACKS
A. Setback area requirements facilitate the incorporation
of publicly accessible open space while reinforcing a
continuous urban street frontage that defines the street
edge. Setback requirements are designed as a range
so that variety may be achieved in the public/private
interface area depending on the site and building design
and its relationship to adjacent developments. Setbacks
are designed to coordinate with the public improvements
identified in the Metro East Public Realm Amenity Plan
jAppendix). New development within the MEMU Overlay
Zone shall be designed to provide setback areas as
follows:
1 . Neighborhood Transitional District
Front: 0-10 Ft
Side: 0-10 Ft
Rear: 0-10 Ft
2. Village Center District
Front: 0-20 Ft
Side: 0-10 Ft
Rear: 0-10 Ft
3. Active Urban District
Front: 0-20 Ft
Side: 0-10 Ft
Rear: 0-10 Ft
In order to provide an appropriate transition to adjacent
existing multi-family residential development outside the
MEMU Overlay Zone area, buidling heights within the
Active Urban District shall comply with the following
setbacks, which shall supercede the setbacks above if
there is a conflict between the two standards:
1-3 stories 25' setback
4-9 stories 100' setback
10+ stories 150' setback
4. Office District
that all structures shall maintain the maximum rear
setback specified if the property abutting on the rear
property line is developed solely as a residential use.
2. Setbacks abutting public rights-of-way may be further
recessed from the maximum setback specified for the
purposes of a public open space, dining/gathering
or special entry area. These areas may not satisfy
private open space requirements.
3. Setbacks abutting public rights-of-way shall be
landscaped with lawn, trees, shrubs, or other plants
and/or decorated as a hard surface expansion
of the sidewalk. A combination of landscape and
hardscape materials shall be provided as follows:
a. Hardscape paving may include brick, stone,
interlocking concrete pavers, textured concrete, and/
or impressed patterned concrete. Hardscape elements
shall also be provided when setback area is being
used to satisfy publicly accessible open space areas.
These elements may include, but are not limited to,
seating areas, potted plant materials, water features,
and public art installations.
Upper level setback areas incorporating terraces and roof decks
Front: 0-20 Ft b. The balance of the setback areas shall be landscaped
Side: 0-20 Ft with turf, shrubs, or groundcover, and trees. All plant
4.8 PARKING AND ACCESS
Adequate parking is necessary to service the full-range of uses
permitted within a development project. In order to enhance
the appearance and character of the Metro East area, parking
should not be a part of the pedestrian level streetscape. The
goal of the Metro East area is to provide adequate parking
that encourages people to "park once" and conveniently walk
to multiple destinations in the same area. Standards below
reflect this concept except in the Neighborhood Transition
District where parking is established at a rate that does not
impact the adjacent residential neighborhood to the north.
The parking standards for the MEMU Overlay Zone are
designed to accommodate the wide variey of uses in the
area white providing an incentive for mixed-use projects that
encourage an active street life and convenient services and
leisure activities for Metro East residents and visitors. Amixed-
use development is defined as any development that contains
more than one type of use in a building or set of buildings and
contains within the development a residential component.
Stand alone uses are defined as operations or uses that are
not a component of an integrated mixed-use development
project. Dimensions of parking spaces and drive aisles shall
be consistent with SAMC Article XV, Division 1 .
A. Parking within the MEMU Overlay Zone shall be required
for new development in each district as follows:
1 . Neighborhood Transitional District
a. Stand-alone residential: 2.25 spaces per residential
unit, inclusive of guest parking
b. Office or other permitted nonresidential uses: As
required by Division 3 of Article 15, Off-Street Parking
Requirements, SAMC.
2. Village Center District
a. Stand-alone nonresidential Uses: As required
by Division 3 of Article 15, Off-Street Parking
Requirements, SAMC. B.
b. Stand-alone Residential Uses: As required by Division 3
of Article 15, Off-Street Parking Requirements,
SAMC.
c. Mixed-use Developments with less than 10 percent of
the gross floor area devoted to a commercial activity:
A minimum of 2.0 spaces per residential or live/work
unit inclusive of guest parking and any nonresidential
uses.
Mixed-use developments with 10 percent or greater
of the gross floor area devoted to a commercial
activity: Any development proposal that devotes
10 percent or more of the development's gross floor
area to a nonresidential use shall be required to
provide a parking study by a city approved consultant
to establish an adequate parking requirement for
the mixture of uses in the proposed development.
In no case, however, shall a standard of less than
2.25 spaces per unit inclusive of guest parking and
any nonresidential uses be established.
3. Active Urban District
Stand-alone Nonresidential Uses: As required
by Division 3 of Article 15, Off-Street Parking
Requirements, SAMC.
b. Stand-alone Residential Uses: As required by Division 3
of Article 15, Off-Street Parking Requirements,
SAMC.
Mixed-use Developments with less than 10 percent of
the gross floor area devoted to a commercial activity:
A minimum of 2.0 spaces per residential orlive/work
unit inclusive of guest parking and any nonresidential
uses.
Mixed-use developments with 10 percent or greater
of the gross floor area devoted to a commercial
activity: Any development proposal that devotes
10 percent or more of the development's gross floor
area to a nonresidential use shall be required to
provide a parking study by a city approved consultant
to establish an adequate parking requirement for
the mixture of uses in the proposed development.
In no case, however, shall a standard of less than
2.25 spaces per unit inclusive of guest parking and
any nonresidential uses be established.
4. Office District
a. Office or other permitted nonresidential uses: As
required by Division 3 of Article 15, Off-Street Parking
Requirements, SAMC.
In addition to the parking requirements above, new
developments in the MEMU Overlay Zone shall provide
parking in compliance with the following:
1. Guest parking at a rate of 10 percent of the total
required parking spaces shall be set aside and
assigned for the exclusive use of guests in any
development project within the MEMU Overlay Zone.
2. All residential units shall be provided a minimum of
one (l ~ assigned space per unit.
11 A-38
In order to provide well-designed parking areas that
enhance the pedestrian experience and adequately provide
for the mixture of uses that may occur on a development
site, the following standards shall be required for all new
developments within the MEMU Overlay Zone:
3. Parking facilities (surface or structures) shall be located
below grade, behind buildings, and/or screened
from the main right of way and all active public
areas, except for areas designed for and devoted to
vehicular access, drop off, or valet parking. Those
portions of new parking structures that face a public
street shall include commercial spaces or other
pedestrian oriented design features at the ground
floor level.
4. Parking spaces specifically designated for
nonresidential and residential uses shall be clearly
marked by the use of posting, pavement markings,
and/or physical separation. Parking area design
shall incorporate a separation of the parking for
nonresidential and residential uses, except that
guest parking may be combined with nonresidential
parking as long as the total required parking for the
development is not reduced.
5. Driveways shall be a maximum of 24 feet wide,
in order to enhance the pedestrian experience. A
maximum of one curb cut shall be permitted for
each parcel with up to 150 feet of street frontage.
Development sites exceeding 150 feet of street
frontage shall be permitted a maximum of two curb
cuts. Three curb cuts shall be permitted only if a
separate residential entrance is required.
11 A-39
Screening of parking structures along main streets
11 A-40
,~.{~ C~esian Principles
The MEMU Overlay Zone establishes qualitative design principles that will be used by Staff and decision makers in evaluating
proposed projects. This section establishes qualitative design standards intended to guide the developer to achieve the image
and design desired for the Metro East Overlay Zone. Staff and decision makers will use these principles to review proposed
development projects and determine their approval based on the extent to which the plans address the intent of the City for
the area as part of the MEMU Overlay Zone Site Plan Review process.
Architectural/massing variety
5.1 INTEGRATED DESIGN
The design of buildings, signs, landscaping, and other
structures or elements shall feature a unified and integrated
theme.
5.2 ARCHITECTURAL QUALITY
In order to further promote variety and interest within the project
as a whole, the use of more than one architect is required
for projects on development sites with an area that exceeds
two (2) acres. This requirement can be met by compliance
with any one of the following as approved by the Planning
Manager at the time of the initial Site Plan Review:
a. Architectural design is completed by two different
firms
Projects shall utilize materials, window and door systems,
hardscape, softscape, and water features, and architectural
details and components throughout that convey a distinct
sense of endurance and quality.
b. Architectural design is peer reviewed by a second
architectural firm
c. Architectural design is completed by different studios
within one architectural firm
5.3 ARCHITECTURAL VARIETY d. Applicant conducts an architectural design workshop
with City staff in the early phase of design
Projects shall utilize architectural means such as varied
massing, breaks in plane, a diverse palette of high-quality
materials, and changes inform, proportion and detail, as well
as a variety of unit types to create variety and differentiation
between and within project components.
11 A-41
Building is broken down
into distinct elements
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5.4 MASSING
a. In general, project massing should be broken down
into discrete building elements and components that
reinforce a continuous street-facing urban block pattern.
This pattern should be broken by intervening the required
publicly accessible open space areas. See Section 4.5.
b. Within this block pattern, individual buildings shall
be massed such that individual building planes or
architectural masses do not exceed one-hundred-fifty
(150 feet in length.
c. The design of buildings shall incorporate a variety of
massing and forms to introduce variety at the ground
plane and skyline of the project.
5.5 FACADES
a. Street facing facades shall be architecturally enhanced
through the use of arcades, colonnades, recessed
entrances, window details, bays, variation in building
materials, and other details such as cornices and
contrasting colors.
b. Building step backs at the upper level of buildings along
public rights-of-ways in the Neighborhood Transitional,
Village Center, and Active Urban Districts shall be
provided as a means to provide building articulation.
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The building articulation may include private/common
open space terraces or roof decks. The minimum upper
level setback area shall be 10 Ft wide (parallel to the
building facade) by 6 Ft deep.
c. Buildings facades shall be articulated through the use
of separated wall surfaces, contrasting colors and
materials, variations in building setbacks, and attractive
window fenestrations.
11 A-42
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Primary pedestrian access p~,erhangs, and awnings along
street-facing facade
d. Street facing facades shall be integrated with public
plazas, mini parks, outdoor dining, and other pedestrian-
oriented amenities where feasible.
Street-facing ground floor elements
5.6 GROUND FLOOR USES
a. Ground floor commercial or retail uses oriented to the
street shall provide primary pedestrian access directly
from the adjacent public street frontage.
b. Ground floor commercial or retail uses oriented to the
street shall incorporate the use of overhangs, awnings, or
trellis work for at least 60 percent of the frontage.
5.7 COMMUNITY CONNECTIONS
Project site plans shall create community connections and
linkages between developments within the various Districts
within the MEMU Overlay Zone area, as well as facilitate
comfortable and visually interesting pedestrian and bicycle
movements.
a. Pedestrian- and sidewalk-oriented buildings.
Projects as a whole, as well as individual building
components, shall reinforce activity and pedestrian
scale along adjacent sidewalks through the use of
active building entries and frontages, and/or publicly
accessible open space fronting the streets.
11 A-43
Contrasting colors and materials
the street. Landscape buffers should be provided
along driveways which are adjacent to any project
which includes residential development.
b. Landscape buffers in addition to other screening
techniques should also be provided as a means
to screen trash collection areas, and above grade
surface parking.
b. Pedestrian-oriented sidewalks and streetscapes.
Projects as a whole shall incorporate design and
development features that facilitate pedestrian and
bicycle-scale orientation at the street level. These
features include, but are not limited to, street trees,
improved medians with trees, widened sidewalks,
pedestrian-scale lighting, integrated bicycle paths,
curbside parkways, and feasible curbside parking to
create a streetscape that accommodates increased
and comfortable pedestrian and bicycle use.
5.8 LANDSCAPE BUFFERS
a. In order to establish a strong public street and
sidewalk edge, building massing shall establish
variation in relationship of the building frontages to
Ventilation
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5.9 PARKING
Parking areas, whether at grade or in a structure, shall be
completely screened from the public street view. Above-grade
parking structures shall be completely screened at the street
level by architectural features including retail spaces, stoops,
porches, landscaping or other pedestrian oriented design
features.
5.10 ENERGY CONSERVATION-SHADE AND
SHADOW
Energy consumption shall be minimized using the following
features where feasible: cogeneration, solar access, south
facing windows with eave coverage, double glazed
windows, deciduous shade trees, good ventilation, efficient
lighting, and day lighting.
Individual units, where possible, should be oriented such that
they receive a minimum of two (2) hours of direct sunlight in
major living spaces such as living rooms, dining rooms, dens,
great rooms, or kitchens on the day of the winter solstice.
5.1 1 RESIDENTIAL UNIT SIZE
An average unit size of 1,200 square feet per unit will be
used as a guideline to assess the overall quality and livability
of any residential units. The mix of unit sizes within a project
should be more heavily weighted towards units larger than
1,000 square feet in size.
11 A-44
Pedestrian/bicycle oriented streetscape
~.{~ Suns
Building identification and signage can be used as a creative
tool to enhance the look and design of a development
project. When signs are designed to complement the form
and function of the building and its users, it contributes to
the aesthetics of the project and aids in way finding. The
City desires to encourage creative sign proposals where the
standard provisions of Article XI do not well suit a particular
need, situation, or circumstance. In exchange, certain signs
that otherwise would be allowed by Article XI might not be
allowed.
b.l MASTER SIGN PROGRAM
Building identification and signage can be used as a creative
tool to enhance the look and design of a development
project. When signs are designed to complement the form
and function of the building and its users it contributes to
the aesthetics of the project and aids in way finding. The
provisions of this section encourage creative sign proposals
where the standard provisions of the sign code may not well
suit a particular need, situation, or circumstance. In exchange,
certain signs that otherwise would be allowed might not be
allowed in the MEMU Overlay Zone.
Prior to issuance of any sign permits or certificates of
occupancy for any building or portion thereof, a master sign
program for the entire site, including directional signs and
graphics for any parking structure, shall be submitted to the
Planning Commission as part of the MEMU Site Plan Review
application. The purpose of the Master Sign Program is as
follows:
a. The primary purpose of a master sign program
is to provide a mechanism by which the sign
regulations established in the SAMC can be modified
to ensure that signs for a uniquely planned or
designed development are most appropriate for that
development or area.
b
c.
A master sign program may include sign regulations
that are, at the same time, both more restrictive in
some respects and less restrictive in other respects
than the regulations established in the SAMC. Less
restrictive provisions in a master sign program may
also include signs that are otherwise prohibited by the
SAMC.
Each master sign
program applicant
shall show to
the Planning
Commission's
satisfaction why
the modifications
requested are Secondary access sign
warranted and how
the total sign proposal for the development meets the
general purpose and intent of the SAMC.
11 A-45
Main access signage
d. The Planning Commission shall approve, conditionally
approve, or disapprove any application for a
master sign program based on the signage and its
compatibility with the proposed development project
based on the following findings:
1 . Compliance with the objectives of the MEMO Overlay
Zone as specified in Section 1 .2.
2. Compliance with the purpose and objectives outlined
in the Citywide Design Guidelines; and
3. Compliance with the purpose and intent of Section 41-
860 et seq. except for the variations specified in the
Master Sign Program application.
e. Applications for a Master Sign Program that are
denied by the Planning Commission may be
appealed to City Council. Appeals from decision
of the Planning Commission shall be processed
and considered consistent with SAMC Chapter 41,
Article 5.
11 A-46
7.0 Compatibility/Operational Standards
The following standards are intended to ensure the
compatibility of the mix of residential and nonresidential uses
that may occur within one building or on a development site
in the MEMU Overlay Zone. These standards are intended to
mitigate the potential impacts that may occur as a result of the
interface between nonresidential and residential uses within
one project.
7.1 SECURITY
Residential units shall be designed to ensure the security of
residents through the provision of secured entrances and exits
that are separate from the nonresidential uses and are directly
accessible to parking areas. Nonresidential and residential
uses shall not have common entrances that provide direct
access to residential units. The separation of entrances shall
be shown on the development plan and the separations shall
be permanently maintained.
7.2 RESTRICTION ON ACTIVITIES
Commercial uses shall be designed and operated, and
hours of operation limited, so that neighboring residents are
not exposed to offensive noise, especially from traffic, trash
collection, routine deliveries, or late night activity. There shall
be no loading or unloading of trucks between the hours of
9:00 P.nn. and 9:00 a,.nn.
7.3 LOADING AND UNLOADING
Every building involving the receipt or distribution by vehicle
of materials or merchandise incidental to carrying on such
activity shall provide adequate area for the loading and
unloading of vehicles, include moving vans, garbage trucks,
and other delivery vehicles.
7.4 VIBRATIONS AND ODORS
No use, activity, or process shall produce vibrations or noxious
odors that are perceptible without instruments by the average
person at the property lines of the site or within the interior of
residential units on the site.
7.5 LIGHTING
Outdoor lighting associated with commercial uses shall
not adversely impact surrounding residential uses, but shall
provide sufficient illumination for access and security purposes
consistent with the lighting standards in Chapter 8 of the
SAMC (Security Ordinancel.
7.6 WINDOWS
Residential windows shall not directly face loading areas and
docks. To the extent windows of residential units face each
other, the windows shall be offset to maximize privacy.
11 A-47
Compatible design: Public open space, retail on first level, and
residential uses on top
Mixed use along corridor
11 A-48
8.0 Implementation
This Division includes development Standards and design
principles that are designed to work in concert to facilitate
the vision for the long-term development of the MEMU
Overlay Zone. Successful implementation of this Division
requires effective and coordinated administration of these
required standards and principles by professional staff on
a cooperative basis with developers and property owners
with the goal of expediting the entitlement/permit process for
projects consistent with the plan.
8.1 MEMU SITE PLAN REVIEW BY PLANNING
COMMISSION
A. Any application for development subject to the provisions of
the MEMU Overlay Zone shall require filing an application
with the Planning Manager for approval of a MEMU Site
Plan Review by the Planning Commission. The application
and development plan shall contain the materials outlined
in the Planning Division's Development Review Committee
Checklist which includes but is not limited to the following
materials that shall demonstrate conformance with the
provisions of this section and other required sections of the
SAMC:
1. A site plan consisting of architectural drawings or
sketches and plot plans, all to a workable scale and
fully dimensioned, showing the elevations of the
proposed building or structure, off-street parking and
other physical features such as trees, hydrants, poles,
and other installations, and any other such information
as determined necessary by the Planning Manager to
fully evaluate any requirement of a building permit.
2. A landscape design plan, pursuant to the
requirements of Section 41-1507, showing fully
dimensioned private, common, and public open
space areas.
division, and will not be detrimental to the harmonious
development of the city or impair the desirability of
investment or occupation in the MEMU Overlay Zone.
Depending on the level of conformance with the findings
of the MEMU Overlay Zone, the Planning Commission
may take any of the following actions:
1 . Approve the development plan
2. Approve the development plan with conditions
3. Deny the development plan
8.2 FINDINGS FOR GRANTING A MEMU
OVERLAY ZONE SITE PLAN REVIEW
APPROVAL
The Planning Commission may grant a MEMU Overlay Zone
Site Plan Review approval subject to finding the following:
a. That the proposed development plan is consistent with
and will further the objectives outlined in Section 1.2
for the MEMU Overlay Zone.
b. That the proposed development plan is consistent with
the development standards specified in Section 4 of
the MEMU Overlay Zone.
c. That the proposed development plan is designed to
be compatible with adjacent development in terms
of similarity of scale, height, and site configuration
and otherwise achieves the objectives of the Design
Principles specified in Section 5 of the MEMU
Overlay Zone.
d. That the land use uses, site design, and operational
considerations in the proposed development plan
have been planned in a manner that will result in a
compatible and harmonious operation as specified in
Section 7 of the MEMU Overlay Zone.
3. A master sign program, pursuant to the requirements 8 3 CONDITIONAL USE PERMITS, VARIANCES
of Section 6.
AND MINOR EXCEPTIONS
B. Upon receipt of a MEMU Site Plan Review application,
the same shall be reviewed by City staff to determine
conformance with the provisions of the MEMU Overlay
Zone and referred to the Planning Commission for
review and recommendations. The Planning Commission
shall review said plans for the purpose of ensuring that
buildings, structures, and grounds will be in keeping with
the compatibility standards and design principles of this
Conditional use permits, variances and minor exceptions in
the MEMU Overlay Zone shall be processed and considered
pursuant to SAMC Chapter 41, Article 5.
11 A-49
8.4 TIME LIMITS
MEMU Site Plan Review shall automatically become void
after two j2) years from the effective date of such approval
when the owner fails to institute an action to erect, build,
alter, move or maintain the use of the properly as specified
in the terms and conditions of the MEMU Site Plan Review.
City Council may, by resolution, extend the date on which
a MEMU Site Plan Review becomes void for a period or
periods not exceeding three j3) years in total beyond the date
it would otherwise become void.
Acceptable action shall be considered to be actual
construction, alteration, repairs and use of the structures and
land. Preparation of plans, financial negotiations, or change
of property owners are not considered sufficient evidence of
action.
8.5 DEVELOPMENT CAPACITY MONITORING
AND ENVIRONMENTAL REVIEW
In order to maintain conformity with the provisions of the
environmental analysis completed for this project under the
California Environmental Quality Act jCEQA), development
capacity within the MEMU Overlay Zone shall be limited
to 1.27 million gross square feet of commercial (retail and
service) and 3.41 million gross square feet of office space.
This corresponds to a potential net increase of 963,000
square feet of commercial, and 690,000 square feet of
office space, and the potential for 5,551 residences above
existing development. When new development within the
MEMU Overlay Zone reaches 80 percent of the allowable
increased capacity, no development shall be entitled until
an environmental review, including a traffic study, has been
completed pursuant to CEQA. These development capacity
"triggers" are as follows:
a. Commercial-770,400 square feet
b. Office-552,000 square feet
c. Residential-4,440 units
11 A-50
City of Santa Ana
February 2007
APPIIdDI%
11 A-52
Table of C ontents
Introduction
Site and Planning Content
Metro East Public Realm
Amenity Plan
Existing Conditions
Existing Conditions
Street Trees
Street Lights
................................................................................... 2
3
4
Photo Survey
........................... 5
Base Map ..............................................................14
Locations and Types 15
Locations and Types 21
Existing Streetscapes Typical Plans and Sections .............................. 23
MEMU Overlay
Development Zone ................................................................................... 28
Metro East Public Realm
Amenity Concept
Proposed Easements
Street Trees
Pedestrian Street Lighting
Improved Streetscapes
Cost Estimate
30
....................................................................
31
32
33
Typical Plans and Sections .............................. 34
.................................................................................. 41
cityofsantaAna Metro East Public Realm Amenity Plan --,~~± ~
11 A-53
Site and Planning Context
Bounded by the Santa Ana Freeway to the East and
the Costa Mesa Freeway to the West, the Metro
East district covers approximately 147 acres of land
in the north-eastern corner of the City of Santa Ana.
Key
- - - Study Area
---- City Boundary
N
0 500 1000 FT
ctityofsantaAna Metro East Public Realm Amenity Plan 3 ~.
11 A-54
Metro East Public Realm In conjunction with the Metro East Mixed-Use Overlay
Amenity Plan Zone, this amenity plan provides a framework from
which to build a clear identity for the district.
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_ ST.
•` -!!/~t4rf ~~~:i~C% -.~G:1::fi.S~t~~ '~ r~0~. .~i "` :~& Wit: =-b-ir-!' • =`"~#
r
Key
- - - Srrrcly : l reu
---- C'in•Bourrdun'
--- l3sisliug Prrrce! Liars
- - - - Setback Litres
-_-_ fisislurg.5heers
'. .~ldclirio~raf Sclhcrck F.ccsrnrerrrs
f'rrhfic C)perr Spuc•c'
L•.rr.t7nlg .S~lr('e! f rY'c'.c
Fri.eurrg Puhu leers
® :~'et( .Slrec:! !tees
~'etr 1'erlrsn•iarr .tirr•eer Lrghts
N
II I SIl :IN! 1' I~
~ ~
~__
c:+~II,;~s,,,lr,l a!I° \Ir•u-u 1~.~1:I Pulrlir~ h1•alr~i .~1111'IllCt flan 4 ~,
11 A-55
Existing Conditions Urban Studio documented conditions in the field,
Photo Survey Locations the streets, sidewalks and open spaces that define
the area s public resources. In general, district open
space character has an incomplete sense of place
with few fully realized streetscapes and little
connectivity to the surrounding area.
N
- - - Study Area o zso soo FT
- - - - Ciry Boundary
cityofsantaAna Metro East Public Realm Amenity Plan 5
11 A-56
Existing Conditions
First Street
First Street is automobile oriented. There is no
sense of arrival or signage that marks the district.
Street tree plantings are inconsistent and in many
locations non-existent.
~~~ First Street and Tustin Avenue Looking North
~~
cuyofsantaAna Metro East Public Realm Amenity Plan E1''7~
11 A-57
First Street and Cabrillo Park Drive Looking West to East
First Street and Golden Circle Drive Looking North
Existing Conditions
First Street
(continued)
The First Street environment mainly addresses the
functional requirements of the automobile.
First Street View East 5 First Street and Freeway Looking ~ J First Street View West to Freeway
East
~1 First Street South Side ~a~ First Street South Side ~~ First Street South Side
V J
cuyofsantaAna Metro East Public Realm Amenity Plan 7`
11 A-58
~ First Street Panorama South Side
Existing Conditions
Fourth Street
Fourth Street is the central east-west street that
bisects the district, but has missed median
opportunities and no sense of arrival from the
surrounding area.
cityofsantaAna Metro East Public Realm Amenity Plan i ~;,
11 A-59
Fourth Street and Cabrillo Park Drive Looking East to West
Fourth Street and Golden Circle Drive Looking North
~~
~,~ Fourth Street and Tustin Avenue Looking West to East
~~
Existing Conditions
Fourth Street
(continued)
Inconsistent street tree plantings along Fourth Street
and underutilized landscaped medians provide little
sense of identity.
Fourth Street Looking East to ~ Fourth Street Looking South at ~ Fourth Street Looking West to
14 District 15 Freeway 16 Freeway Overpass
Fourth Street Looking South to ~ Fourth Street and Park Center ~ Fourth Street Looking Northwest from
17 Commercial Building 18 Drive Looking East ~ 9 Intersection on Golden Circle Drive
Fourth Street and Tustin Avenue Fourth Street Looking Southeast at Fourth Street Loooking East Towards
Looking West to East ~ Golden Circle Drive 22 Tustin Avenue
CityofSaataAna Metro East Public Realm Amenity Plan y-'
11 A-60
Existing Conditions
Golden Circle Drive
Golden Circle Drive is the main centrally located
north-south street that serves the district.
~.
,r ~r
1i
Y i`.1 ~ ~~ "7~ „ri~~p r
i { r ~ ,
_, 4'~ .: ~ ~..
~~ --.~.:. ~~ ~. ._. S
i it
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9. at L'^xY, AG ';16d'r-.E- :. -'PgntW' ~ ~
.¢.u.-s . - a.+.~i fyN4t .... .~. v..
y
Fourth Street Looking North at ~ The Theme Building Looking ~ The Theme Building from the
23 Golden Circle Drive 24 North at Golden Circle Drive 25 Southwest
Golden Circle Drive: Western Golden Circle Drive: Northern Fourth Street Looking Northwest from
26 Section Looking North 27 Section 28 Intersection with Golden Circle Drive
~o1 Golden Circle Drive West Side ~~~ Golden Circle Drive East Side~~Golden Circle Drive East Side
LJ V V ~ V ~ ~
cityorsantaAna Metro East Public Realm Amenity Plan 10,1
Existing Conditions Cabrillo Park Drive connects the existing uses to tthe
Cabrillo Park Drive major public amenity in the area, Cabrillo Park.
Cabrillo Park Drive and Park Court Place ~ Cabrillo Park Drive
~~ 34
East Side
Cabrillo Park Drive View to Freeway ~~ Cabrillo Park Drive and First Street ~ Golden Circle Drive
"" ~ J 37 East Side
cityofsancaAna Metro East Public Realm Amenity Plan ,1,:1g
11 A-62
Cabrillo Park
~~
Existing Conditions Tustin Avenue provides a connection to the public
Tustin Avenue bus transportation lines running north and south
through Orange County.
~Q~ Tustin Avenue and East 6th Street Looking North to South
~J~
Tustin Avenue East Side ~~ Tustin Avenue East Side ~~ Tustin Avenue East Side
VJ ~ T ~
4-
w
Tustin Avenue West Side ~~ Tustin Avenue West Side ~^~ Tustin Avenue West Side
~~ ~~
cuyofsaataAna Metro East Public Realm Amenity Plan 12`i
,,
11 A-63
M
Existing Conditions
Tustin Avenue
(continued)
Streetlights along. the eastern side of Tustin Avenue
are infrequently placed.
~~ Tustin Avenue East Side ~~ Tustin Avenue East Side
~~ ~~
CityofSanzaAna Metro East Public Realm Amenity Plan
11 A-64
Existing Conditions
Base Map
The existing conditions of the Metro East district
include limited street tree plantings, a lack of
distinctive markers, and lighting oriented towards the
automobile.
~ ~ ~ ~
~DPARif>T PLPL
u
r,- .
.~ __
- ~_~..,.
s_.
~~ ~ ~
\V ~,.II
`~
11, ~i
1~
CABRILLO PARK ~ ' ~
- , '
B
..
-'~
-= ~ j -
i
- S
~.- - ' ~ ~,
_' O
~ ~ '~ ~
o
~ ~,' `_~ '~ ~~ L_ ~w ~ ~4
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it i
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B
_- _ - - -.- _ f~-
~' 9~ - ~ _ : - = ~~ .. _' B: ~ .`_ -_ _ ~_ .FIRS S T. ~
Key
- - - Study Area
- - - - City Boundary
Bus Stops (Routes 64 & 71)
G Existing Street Lights
O Existing Street Trees
Existing Palm Trees
Q Signalizedlntersection
Notes
^ Existing bus stops along 1st Street and Tustin Avenue.
• Existing street trees vary in distance.
• Only existing street lights; no pedestrian lighting.
N
0 150 300 FT
CityofsantaAna Metro East Public Realm Amenity Plan 14
11 A-65
Existing District The existing trees along Tustin Avenue vary widely in
Street Tree Types species.
-- -- -- - ,.i CABRILLO PARK -~- - - - 1 I
o ~ I n- - __ o
...
_ ,~ D
I~
o v o 0 o v ~ ~ ~ O
~., _ - _
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~~
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. _, - ~~ oa - - - - - - --
__ __. - _.
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9
~ ~'~` V ~ 12
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~' _ 3 ~ ~ ~
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4 ~ ~~
~~ - ~ _ - ~ ~--~ --FIRST-ST. r- - -_
_ -
- _- _
-~.-~ -.~ 11 _ ~_~ -
~ ~~~
Key
- - - Study Area
---- City Boundary
O Existing Street Trees
~l Existing Palm Trees
N
0 150 300 FT
1 Pyrus Kawakamii 2 Ligustrum Lucidum 3 Liquidambar 4 Syagrus Romanzoffianum
CityofsantaAna Metro East Public Realm Amenity Plan 1r-
11 A-66
Existing District
Street Tree Types
Along First Street, the predominant type of street tree
is the Leptospermum.
;~ ~,
~Ar~raa.r :j
~<'
12 Leptospermum
13 Callistemon Citrinus 14 Callistemon Citrinus
_~
15 Callistemon Citrinus
cityofsantaAna Metro East Public Realm Amenity Plan 1(i?,
11 A-67
5 Brahea Edulis
7 Leptospermum
6 Leptospermum
_.~
8 Leptospermum
10 Leptospermum
11 Leptospermum
9 Leptospermum
Existing District Pinus Canariensis and the Ficus tree occur primarily
Street Tree Types along the existing medians.
- -- -- -- - ~,, ~I CABRILLO PARK --- - ~ ~ ~. ~, - - i
-. v ' ~:~ -ten,... i ' ~~ --
i I ~' i',
o ~ ~ ® o o !,,, ~ I' i~
,/ ~ ~
~PARK~WTPL :~ ~ ~~ d
~ I I
q
b ~ ~ /=~ ~ Z ,,.
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iU
- gg _ ~ ~
- 4 ~.--~~- - 9 "- - - _ __ -
13 ,I ~ ~J ~
~, ~ ~ ~ _ - ~
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~ ~ a i~
\a ~ ~ i
1 ~ ~~ ~~ ~ 9 -~ ~ ~
\il ,~ ~ ~~ , ~ ~~~1
~;, ~ ~ ~ o--o _ -- _
-- ,~\ ~_ _ . _ _ _ ,,. FIRST ST. ~-
I-Y
.\\ ~ , I ~~_\ i j
Key
- - - Study Area
---- City Boundary
2 Ficus
3 Ficus
N
0 150 300 FT
LltyofSantaAna Metro East Public Realm Amenity Plan 17
(~ Existing Street Trees
Existing Palm Trees
11 A-68
- ~~>
1 Pinus Canariensis
Existing District
Street Tree Types
T
~ . ,,~
4 Pinus Canariensis
Long portions of sidewalk along Fourth Street contain
little or no landscaping.
5 Ficus
rT',•
11 Magnolia Grandiflora 12 Platanus 13
c~yofsan~aa~a Metro East Public Realm Amenity Plan 1$`
11 A-69
6 Magnolia Grandiflora
8 Washingtonia/Queen
Palm
10 Magnolia Grandiflora
9 Washingtonia
7 Callistemon
Existing District
Street Tree Types
Lagerstroemia Indica is the existing median tree
along Cabrillo Park Drive.
o ~ o O o
~~ C
-- ___ _-
`~- 1
_ -= - ==5
~~
1
~~1\ 6,
'\ '`
~~ 1
~~ ~\ ~
~, ~ 7
1 \ ;~ \
N
~`~~ ,
1 y
~ ~v' ~
-~ ~t
-~~~~
< -' _ _
CABRILLO PARK
i i
~14' ~ ~!
4 ' ~ ~,
~~o~ - _ _ , _ -_
Kev
- - - Study Area
- - - - City Boundary
2 Lagerstroemia Indica
y
_ ~t
r•
ty
'd ' '~.rl
N
0 150 300 FT
cityofsantaAna Metro East Public Realm Amenity Plan ~.-19~'.,
Existing Street Trees
Existing Palm Trees
11 A-70
3 Lagerstroemia Indica
1 King Palms
Existing District
Street Tree Types
Platanus and Liquidambar trees define the street
along Cabrillo Park Drive.
6 Platanus
¢''
8 Lagerstroemia Indica
~~'`, ~sv.,, r~r.
10 Platanus
c~~yofsdn~aaaa Metro East Public Realm Amenity Plan 2Q„:
11 A-71
14 Liquidambar
4 Lagerstroemia Indica
5 Platanus
12 Liquidambar
9 Pinus Canariensis
7 Platanus
11 Olea Eoropaea
13 Liquidambar
Existing Street Lights All of the street light types in the area are cobrahead
Locations and Types variants.
~_~--_~- ~,i~ -CABRILLOPARK --~- ~
~~ ~~ o , ~ ~ ~ ~~
--
f
~ , _ ,I
.~,i,
=o,~ . ~ I E 6TH ~ '~ i
~PARK~RTPL o
3 .. ~ I
i ~ ! ~, I/
I 1 4
~ a \ ~
,o
~I -i o~~ ~i~ ~'~ 7
,. Z >
~~ Z
i~ ~ ~~ ~'a
~ ~ ~ ~ °C3
1 ~ o a ~-~-I
i
_J~
~ - -
P6liRi rrSi'
~~ ~. ~ ~ ;;
Key
- - - Study Area C Existing Street Lights
---- City Boundary ~ Signalizedlntersection
.~,. , ,
~
:
k;:
A:' sN
5. .
:
Yy~r~..
~
~
~ '~ ~ j,
. _. ~siY.
'n~.
. ~, d
'1 2
N
0 150 300 FT
3
CityofSantaAna Metro East Public Realm Amenity Plan 21
11 A-72
Existing Street Lights
Locations and Types
.Street lights along the First Street corridor are
irregular.
^
4
5
7
cityofsantaAna Metro East Public Realm Amenity Plan ~?+ '!
11 A-73
Existing Streets Wide streets and inconsistent street lights provide low.
Typical Plan and Section visibility for passing traffic and the surrounding
environment.
~8'-0" ~ 42'-0" ~ 42'-0" ~8'-0"
50`-0" 50'-0"
_ 42'-0" ~~ ~ 42'-0°
r
,.. _ w
s ~ -
?' ~' ~~
°s z
{
~ - :.
r 8 -0" 13'-0" 11'-0" 11'-0" 1'0'- " '- 11 -0" , 11'-0" , 13'-0" 8 -0" I-
- ~ ,`
~:'*.aI
~, ~.`
Main Traffic Corridor
Scale: 1 "=25'
CityofsantaAna Metro East Public Realm Amenity Plan `"?,~'~~
11 A-74
Existing Streets The existing medians and sidewalks along .Fourth
Typical Plan and Section Street are sparsely landscaped and make little use of
the potential gateway qualities of this major street.
0`if'
~~~ 50'-0" 50'-0."
s.
az'-0" , 42'-~"
,~
~~
I
~,~ ;Y
"~
f- 1 I ~ ~,'
~4i
_..l
~.
iYi
°' ~;a
`~
`~ n
i Y
8'-0" 13'-0" , 11'-0" ~ 11'-0" 14 .'~~F I 11'-0° , 11'-0" , 13'-0" 8 d
c.l _ ~
:c~+"
~. , ~~_ _
Central Street Corridor
~~ Scale:1"=25'
CityofSantaAna Metro East Public Realm Amenity Plan 2 ~+ ',
11 A-75
a'-o" ~ ar-0" I az'-0" I s'-a' I
Existing Streets Cabrillo Park Drive maintains a fairly uniform row of
Typical Plan and Section street tree planting north of Fourth Street. However,
the southern portion of the street breaks with the
regularity.
i
.~~ ~
. 40'-0" ' 40'-0" ,~
~ ~ -
%,
.;.y _
~- ^~
- ,:v
~.' Y
f
~f
~:~'I
~-
~'
z_ I ~t~
~i
~ K:~. ~~~
-~'1
8'-d 93'-0" , 12'-0" , 1 ~ ~2'r0" i 13'-0" B 0
I
,' ~ ~a
Typical Local Access Street
Scale: 1 "=25'
ctityofsantaAna Metro East Public Realm Amenity Plan 25:~
11 A-76
Existing Streets Golden Circle Drive is a narrow two lane street
Typical Plan and Section providing access from First to Fourth Street.
• .:1 -
i
~,r,
~'~ ; . 30'0° _ 30'-0" I i
„~ ~,,~,~ : 27-0" sa
i ~_
~'_
F
.w ~. ~ ti.
1
~ ~'
i
~ ,,~
- ;1
r-~
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^ ~!
l `
~.
•• ~'
•
'
' i
n '
' i
n
_0
B ~
-0
~
,-0 8 0
~ f'1
..
Typical Main Street
Scale: 1 "=25'
c;syofsa~aAna Metro East Public Realm Amenity Plan ?~'
11 A-77
Existing-Streets
Typical Plan and Section
i
~ 30'-0" 30'-D"
Secondary Local Access Streets
r
Scale: 1 "=25'
CityofsantaAna Metro East Public Realm Amenity Plan 27-
Street tree plantings along Park Center Drive are
non-existent.
11 A-78
8'-0" ~ 22'-0" ~ 22'-0" ~ B'-0"
MEMU Overlay Development
Zone Districts
~ ~ ~ CABRILLO PARK ~ a
I~
~,
~ ~ F -
~ _ o~
~~.~ ~ ~
opgRK~gypT L ~ 6TH ST -
\ ~ ~~ I '~~
ll
\\ ~ - ~ _
~_
- - - _ _ ~ uRry r. C_
-~
~ ~, ` ~ _=~~F- -_-_ Cc~ ~~
F - AI
i~' ~ ~~ `,~ ~ ~„ I/~
,, - - - --
- -- - i ~'~. r.: F RST 5
~~_ - - -
~,~~,~,, ;y~ ,
!j~ 11 i
~~
~~,
8 ;
\~ ~ ~ ~~ ~i
~ ~,
__~ _ d ~ ~ ~l~i
^ ~~ ~ T ~ aQ~Q ,d I ,~~~~~'
~; `~ ~ i ~ ~ ~ ~ ~%i
Key N
- - - Study Area ~~ District I: Neighborhood Transitional
---- City Boundary ~ District l: Village Center
- - - Existing Parcel Lines `• t7°` District 3: Active Urban
~ ^ ^ Improved Pedestrian and Bicycle Corridor ® Pedestrian-Oriented Uses on Ground Level
~• Pedestrian Linkage ~ Existing Office Uses
0 250 500 FT
~ ~ 1,500 ft. Radius Walking Distance ~~~~
`J
ctityofsantaAna Metro East Public Realm Amenity Plan ~,
11 A-79
MEMLT Overlay Development
Zone .District Descriptions
' District 1 District 1 is intended to provide opportunities for
Neighborhood ~
Transitional ~
I low-intensity development that acts as a transition
between the single-family residential to the north and
the adjacent high-intensity Active Urban District.
District 2 District 2 is intended to serve as the focal point and
Village Center ;
';
i
i central gathering place in well-designed highly
connected development sites and public sites.
District 3 , District 3 is intended as the location for well-designed
Active Urban high rise mixed-use developments in a highly ',
urbanized environment.
Pedestrian-Oriented Pedestrian-oriented uses are intended to generate
Uses on Ground Level pedestrian activity and provide uses that are
neighborhood serving and contribute to an active
street life.
Existing Office Uses Existing office uses include low and high rise office
development along Tustin Avenue and the Santa Ana
(I-5) Freeway Corridor.
i
1
i
i I
i
i
c~~yofsantaaaa Metro East Public Realm Amenity Plan 2~
11 A-80
Public Realm Concept The proposed public realm amenities will enhance the
pedestrian scale and quality of living in the area.
^Lf'^ ~ ~ COURTS 1'~I ~/ ~G~~~~~'~ ^ ~ !~~ ^
O ~~~~I~CASRILLO PARK ~ I
I ~ ~.~ I ~J
~~, ~~ ~ 0 7 v o o i mfl ~h-~^- NNHHHHN~II~I ~ ~ _ ~ ~
~~, n o~ ~~u~ _~ ~ ~: ~ O
~ \ ® la ~
`\
'~~ ~ ~ V ~ NNNHH~ - ® - ~ NHHHkNNN
\\ ^ ~ H
~~~ ® HHHHHHHN ~ ~
~~~ _ ~ .~
\ _ ~N9N111Nf~fHINIHHI
~ z
~ -
~ ~ ~ c - ~ 1
\ \ \ ~ ® t
--- - _
_. `-
I ~~ HHMNNN ~ ~ I
1 - ~ _ ~ 1 -- _ G~ 1,;
~k
~ ~ ~ ',
ii
~~
r
= T~ - F _-
~ ~ ~~ ~ ,
~\\ \~ I j~ I/Jr l
:AAA ~ ~ ~~j !',I
~~, ~~~
~ Q~ ~~ / ~
Key
N
- - - Study Area ~ District 1: Neighborhood Transitional
---- Cily Boundary ~ District 2: Village Center
- Existing Parcel Lines District 3: Active Urban
Gateway Opportunities ® pedestrian-Oriented Uses on Ground Level
^ ^ ^ Main Traffic Corridors ~ Existing Office Uses
^ ^ ^ Local Access Streets (existing & new) ~r DoT P g P
^ ^ ^ Central Street Corridor ~~ ~r Open Sace/Pedestrian Linka e Com onent
^ ^ ^ Main Street ~ J 1,500 ft. Radius Walking Distance o zso soo F r
^ ^ ^ Alley Street with Pedestrian Orientation L~~~~~
cityofs¢nt¢An¢ Metro East Public Realm Amenity Plan 3pr!
11 A-81
Proposed Easements By allowing for greater easements, this plan provides
an opportunity to create a walkable environment and a
friendly pedestrian atmosphere.
_~._ i CABRILLO PARK _ _
- - ~ - = i :~ -- --..
r--~ ~ ~ ~' ~ ~ ~. ~-~--•--- -f- -- '- ~ ~ ~r - .
~ ~ i
~ ~- - ~ 4 i
_ p I
i ~ , ~ ~ r ~ ,,•I_- _ ~ I
-
-- - - -~ ~ -
_ _
_ ~ - ~ ~~ ~~,~ -- `E TH ST ---
PAR1T PL ~ =s,~, - --
r ~ __ __ a ~ J ~ I!
ii , ,, - ~ ~~ ~', ~ ~ ~~ ~~ , _ ~- _.. -o~ _ 1 ~~~
I,w,
I
~~' ~ I it ~ - - - l~l~'~ --~ ~
i , ~' r;Y -
1 ra
tC l
-- -.err r
~ , .., ._ r. , - ~-,___,
-.. ._ •.---~------r~---
.._-. - _
r
~ ,
___.
~_
~ , --- ~ --
~ ~', _ ~~ 1
._____ i
, ,~ _i __
_ ~ t I ~ _~ ~; L 1_L .~ ' _~
- - ~ I
I ~ ~ I :~ ~ I
~ I tom`
~: ~ • I
I
~ ~-----' I--- --~ I
~ ,
-_I ~ - -r -
z _ I ---
~ f~ d I ~''-i it- C ~ --;
_. ~ ~~ .u __ _. ~_ _- -
_.
_._ ___
,rig- ~ ~ ~..... + ~ ~ 3_,.f --- ~- - _L~_w~.~
9~ ~ _ _~~~ ----~- _.. FIRST ST
~i
J .. ~.~~......~ _ _. _.-.. .... ~- - ~ - ~.._. -- -. ..,..,
Key
- - - Strrch•: !rec~ - - - - Sethucdc /.iure
---- ('itt•Bornulam _______' ls:ei.c[in~Su•rc+rs
--- l::ri.~•lirrgYarc•el Line. -- -- :lddiliarul.Se:Jhuc•k liuscnrcul.~•
Yuhhc• C)lrc~rr Space
Notes
Minimum 35,000 SF of public open space
including roads shall be created within this area.
NEW and EXISTING Dimensions from Center ~ -
of Right-of-Way.
N
~~ I>u 301~I'I'
"'"'„":~~'"" \ir•u•cr L.a<I Yul~lir~ kralm .\nrr•nil~ I'ltu~ 31
11 A-82
Improved Condition Consistent street tree plantings throughout the district
Base Map provide a coherent visual identity and an attractive
Street Trees streetscape for visitors, workers, and residents.
~~~
~~~ ~ r~j
~ ~-
` ww
r ..
_ ~~ ~iS Ii
\', ~
~ ~
~ ~ Y ~
~ ~ ~' _ - ~
~~
~ ,~
~ ~` ~~~
2 I
_ _
=\9~~ _ _ = FI~~ST. ~
- -
~-( _ .
Key
- - - Study Area
---- City Boundary
- - - - Setback Lines
Existing Street Trees
Existing Palm Trees
• New Street Trees
N
0 150 300 FT
Notes:
^ New street trees should average 30' on center.
^ Flowering trees at medians create seasonal color.
cityofsantaAna Metro East Public Realm Amenity Plan 32
11 A-83
Improved Condition Regular pedestrian street lighting throughout the
Base Map district increases night-time visibility and safety for
Pedestrian Street Lighting Pedestrians.
CABRILLO PARK I
.~ -~ -~ -~ ,~ ~ .fir-•T, • - ...nom r~.~ ~~ -~ i
- - -
i~ I ~ i ' l~i
+
_ o ~
~ 0 O o ~~ I I
--- ~~~~~ ..J
1 - o•,j e o a.~ ~, ~ ~ _ -_ E 6TH ST.
PARFQ~GiRTPL. o o NEV~1 S°YA~E o ~ ~ I~ a: ~ c~-•
I' / ~ II ;II~ I,
~r i I II
h, ~ ~,-, I 1 I i
-,~ -
I
I ~ w
1
I I i \~~ p- - '- ~i + w B
I=I /d ~~
ill ~ I ~ v ~I Ilal ~ ai ~
- -- 1
+ _ ~ ~- Fc1URTH ST_
~ •~
~_ `^J
~~~ ~ rj 1 !1 1~, ; ot~.~
_ I
~~ l`~ III ~ ... .. .. i '~ i ALLEY ~ ~I ` ' ~~
~ I III .p I~~ t° i ~! I
~ ' ¢ ~ _ 'kr I I" °I i{III
1 III I 2~ ~ I
,~,
z
0 0 0.
FIRST ST
~ ~` ~_ e - - ~,~_ ~~_: a ~~~ __ - = = -
~~ v ~ (~
Key
- - - Study Area
- - - - City Boundary
- - - - Setback Lines
Bus Stops (Routes 64 & 71)
O New Pedestrian Street Lights
N
0 150 300 FT
Notes
^ Pedestrian lightpoles in the Central Area every 60 h.
city¢fsaataAna Metro East Public Realm Amenity Plan 33-
11 A-84
Improved Streetscape District signage and flowering trees mark Fourth Street
Typical Plan and Section as the major gateway into the district.
Improvements:
^ District signage & identity
with flowering trees at
remainder of median
^ 10' vs. 8' sidewalk '
^ 5' parkway at curb
Infill:
^ Magnolia Grandiflora or
similar at ± 30' o.c. along
sidewalk
^ Pinus Canariensis or similar
at ± 30' o.c. on median
^ Pyrus Kawakamii or similar
at ± 30' o.c. on median
~ ~r
J
'. ~~, _ ' -1~, ,i
r ~~ .
Pyrus Kawakamii
,,
Magnolia Grand~ora
Pedestrian Liaht Poles:
Alternative 1
~- Alternative2 ~ ~ .~~' 1 _ ~ I
f. ~~~
F Gateway Condition
Scale: 1 "=25'
cttyorsan~aana Metro East Public Realm Amenity Plan 3
u~
11 A-85
~ 15'-0" ~ 42'-0" ~ 42'-0" ~ 15'-0" ~
Improved Streetscape
Typical Plan and Section
Improvements:
^ 10' vs. 8' sidewalk
^ 5' parkway at curb
^ New pedestrian light poles at
± 60' o.c. along sidewalk
Infill:
^ Magnolia Grandiflora or
similar at ± 30' o.c. along
sidewalk
^ Pinus Canariensis or similar
at t 30' o.c. on median
Pedestrian Light Poles:
Alternative 1
,~ Alternative 2
~\
Scale: 1 "=25'
Wider sidewalks in conjunction with the parkway
enhance the overall quality of the urban environment
for both pedestrians and automobiles.
Cityof SantaAna ~
Metro East Public Realm Amenity Plan 3t
11 A-86
is-o^ ~ az~-o° ~ ar-0^ ~ is~-a^
~ ~ ~
Magnolia Grand~ora
Improved Streetscape
Typical Plan and Section
Improvements:
^ One lane in each direction
with parking on both sides
^ 8' sidewalk
^ 4' parkway at curb
^ Pedestrian light poles at ±
60' o.c. in line with trees
Infill:
^ Ligidambar or similar at ±
30' o.c. along sidewalk
Pedestrian Light Poles:
Alternative 1
- Alternative 2
`~
Decorative paving and pedestrian scaled lighting place
an emphasis on the walkable nature of the district.
f-._ _
~" `"
34'-0" 34'-0"
F
m ~ ~.
}
-;.
8'-0 ~d 9'-0"`i ~3'-0" 14'x0" .`, 8~-0~ ~{7" '_0"
Secondary Local Access Streets
Scale: 1 "=25'
CityofSan~aAna Metro East Public Realm Amenity Plan 3f
11 A-87
.~i°
Liquidambar
Proposed S>Ereetscape Greater allowances for the parkway provide a physical
Typical Plan and Section buffer between pedestrians and automobile traffic. In
turn, this buffer increases the comfort level for
pedestrians.
Improvements•
^ 8' sidewalk
^ 4' parkway at curb
^ Pedestrian light poles at ±
60' o.c. in line with trees
Infill:
^ Leptospermum or similar at
± 30' o.c. along sidewalk
^ Pyrus Kawakamii or similar
at ± 30' o.c. along sidewalk
Pedestrian Light Poles:
Alternative 1
Alternative 2
~\
Main Traffic Corridor
\ ~ ~ / Scale: 1 "=25'
cityofsantaAna Metro East Public Realm Amenity Plan ~-3>'~=,
11 A-88
I 12'-0" I 42'-0" I 42'-0" I 12'•0" I
Leptospermum
Proposed Stxeetscape
Plan and Section
Improvements•
^ 8' sidewalk
^ 4' parkway at curb
^ New pedestrian light poles at
± 60' o.c. in line with trees
Infill:
^ Platanus or similar at ± 30'
o.c. along sidewalk
^ Pyrus Kawakamii or similar
at ± 30' o.c. along median
^ Lagerstroemia Indica or
similar at ± 20' o.c. along
median
.-,
r '
M _ "!'
c^
Pyrus Kawakamii
Pedestrian Light Poles:
Alternative 1
A variety of trees located at the curb and the median
give the street a diverse range of colors and textures
as the seasons progress.
i~ I~
~:'..
•.,,,r
r ~-,
0
i
'' ~
= 44'-4"
z~
~;~
I
~ g
f
~I
` ,
' "~
~~~~ c"~,
>~
--~------ Alternative 2
~~ Typical Local Access Street
c~tyofsantaAaa Metro East Public Realm Amenity Plan '=~~
11 A-89
12'-0" 32'-0" 32'-0" I 12'-0"
Proposed Streetscape Generous decoratively paved sidewalks provide
Typical Plan and Section a textured surface and visual appeal for the area..
Improvements:
^ 15' decorative paved
sidewalk
^ Pedestrian light poles at t
60' o.c. in line with trees
Infill:
^ Koelreuteria Bipinnata or
similar at ± 30' o.c. along
sidewalk
ti
Pedestrian Light Poles:
Alternative 1
- Alternative 2
3T-0^ . _ 37~_~~~
~ .
"
'
'
'
"
...
_0
22
22
-0
~
i,
--- -.. I
_,.,;- ! '
15'-0" 8'-p' , , 14'-0° ~ 14'-0" i 8'-0"
r
15'-0"
I i
~
JI
' I
I
~~~ Typical Main Street
Scale: 1 "=25'
cityorsantaAna Metro East Public Realm Amenity Plan :.~,~~`,
11 A-90
15'-0" ~ 22'-0" ~ 22'-0" ~ 15'-0"
Koelreuteria Bipinnata
Proposed Streetscape Located between First and Fourth Street, the
Typical Plan and Section pedestrian-oriented street creates a natural gathering
place for the community.
Improvements:
^ 37' decorative paved street
with pedestrian orientation
^ Bollards 5' from one-way
alley at ± 10' o.c.
^ Pedestrian light poles at ±
60' o.c. in line with trees
Infill:
^ Koelreuteria Bipinnata 21'
from curb ± 30' o.c.
Koelreuteria Bipinnata
Pedestrian Liaht Poles:
Alternative 1
Alternative 2
t
37'-0"
0
26'-0"
0
o y`.`
8'-0" 18'-0"
c°~ o
o_
(~
o
- O
' o
Pedestrian-Oriented Street
w~ Scale:1"=25'
cityofsaataAna Metro East Public Realm Amenity Plan ~(j
11 A-91
3T-0" 26'-0"
Metro East Public -Realm Amenity Plan
Cost :Estimate
METRO EAST PUBLIC REALM AMENfTY PLAN
UNIT C0.5T ESTIMATE FOR AMENfTY IMPROVEMENTS
rd nt
Number of Imp
Un
k
T
e C
~
t ~ Notes
(N) Roadweya (acquiskien) cost of development
(N) Roadways (cona[Nptlen) cost of development
(N) Sidewalks (acquWtlon) cost of development
(N) Sidewalks (aonstuetlon) cost of development
(N) Paved Sklawatlrs @ Golden CkrJe Drive square feet $16 35,000 $560,000
(N) Paved Srrface at (N) Alkry - cost of development
(N) Public Open Space (aequiskion) square feet $125 43,500 $5,437,500 assumes purthase of approximately one acre of new open space in district
(N) gtWk Open Space (hardseape and softscape) square feet $20 43,500 $670,000 assumes improvement of one acre of new open space
(N) Parkways (landscape improvements) - cost of development
Madiam (hardecape and aoftsupe Improvements) square feet $6 23,500 5741,000
Irrlgatbn square feet f3 23,500 $70,500 allowance
(N) Trees (evergreen, dadduous, and flowedng) each $1,000 600 $800,000
(N) Troe Guards each $1,000 100 5100,000 Golden Circle Dnve only
(N) Troe Grstas each $1,000 100 $100,000 Golden Circle Ddve only
(N) Pedestrian Street Lighting / Pdes each $3,500 275 $962,500
(N) BdlaMs each $750 200 $150,000
(N) Trash Receptacles each $750 100 $75,000
(N) Benches each $1,250 100 $125,000
(N) &tycb Reeks each $1,250 100 $725,000
(N) Newspaper Rado1 each $1,000 20 320,000
(N) Bus Shelters each $30,000 7 $210,000 albwance
(N) Wayflndlnp / Dls[de[ N1sMky each $250,000.00 $250,000 albwance
Gateway Monumeltfa each $25,000.00 2 $50,000 albwance
Water Features /Fountains each $50,000.00 4 5200,000 allowance
Subtotal Unk Costs 310 246 500 incWdes Contractor 0 & P
ConWgsnry @ 20% 82 049 300
Engineering and Design @ $% $614 790
Corotructlon Managemark @ S% 8614 790
Subtotal Metro Eas[ Public Real Amenity Costs 813 525 380
Assume InflaLon During Project Durstlon @ 20% $2 705 076
Metro East Public Realm Amenity Coats 16230456
Ci,tyofsantaAna Metro East Public Realm Amenity Plan ;
11 A-92
SEVENTEENTH
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' SECTIONAL DISTRICT MAP 173-9
~ ~ ADOPTED BY THE SANTA ANA CITY COUNCIL. JULY 21
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R4
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ORD. /RCS. NO. I'e~ding
ACVPTED CATE
A'rPf1pVED
- I.....
• • ,
~
~ ~
~
PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA
11 A-94
REVISED 3/8/07
V
V
11 A-95
ORDINANCE NO. NS-2741
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND 1901 E. 1ST
STREET PARTNERS, LLC
THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS:
SECTION 1: The City Council hereby finds, determines and declares as follows:
A. The City is authorized pursuant to Government Code Sections 65864
through 65869.5 to enter into development agreements with persons having legal or
equitable interests in real property for the purpose of establishing certainty for both City
and owner in the development process.
B. The City enters into this Development Agreement pursuant to the
provisions of the Government Code and applicable City policies.
C. The Planning Commission has, following a duly noticed public hearing,
commencing on February 26 and continuing to March 12, 2007, recommended approval
of this Development Agreement.
E. Entering into this Development Agreement would provide the City with
extraordinary and significant benefits that are of regional significance, relate to existing
deficiencies in public facilities, require the owners of the Cabrillo Towers for-sale
condominium project to contribute a greater percentage of benefits than would
otherwise be required, and represent benefits which would not otherwise be required as
part of the development process.
F. The City Council has held a noticed public hearing on this Ordinance, and
has considered all testimony presented thereto.
G. The City Council has, on March 19, 2007, approved an environmental
impact report (EIR) in conjunction with this Project and adopted a mitigation monitoring
plan, and the Council adopts this ordinance based upon said EIR, mitigation monitoring
plan, findings and statement of overriding considerations.
Ordinance No. NS-
Page 1
11 A-96
SECTION 2: The Development Agreement, a true and correct copy of which is
attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the
Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby
authorized and directed to cause this Development Agreement to be recorded with the
County Recorder's Office.
SECTION 3: This ordinance shall not be effective unless and until all the following
ordinances and resolutions become effective: Resolution No. 2007-026 (Environmental
Impact Report); Resolution No. 2007-027 -General Plan Amendment; Ordinance NS-
2739 (Zoning Ordinance Amendment No. 2007-01 ); Ordinance NS-2740 (Amendment
Application No. 2007-01 ); Resolution No. 2007-028 (Site Plan Review No. 2007-01 and
Tentative Tract Map No. 2007-01 (County Map NO. 17069)). If any of said ordinances
or resolutions are for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, or otherwise do not go into effect for any reason, then
this ordinance shall be null and void and have no further force and effect.
SECTION 4: In case of any dispute between the terms or effect of the
entitlements set forth in section 3, above, and the terms or effect of the Development
Agreement, it is the Council's intent that, to the extent permitted by law, the term or effect
that is more protective of the public shall prevail.
SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of
2007
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Ordinance No. NS-
Page 2
11 A-97
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-~c;XX to be the original ordinance adopted by the City
Council of the City of Santa Ana on ,and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-
Page 3
11 A-98
EXH. 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M-30
P.O. BOX 1988
Santa Ana, California 92702
FREE RECORDING
GOVERNMENT CODE § 6103
DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA
and
1901 E. 1ST STREET PARTNERS, LLC,
A DELAWARE LIMITED LIABILITY COMPANY
Dated: March 19, 2007
11 A--9~
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
1901 E. 1st STREET PARTNERS, LLC,
A DELAWARE LIMITED LIABILITY COMPANY
This DEVELOPMENT AGREEMENT ("Agreement") is entered into between THE
CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the
Constitution and laws of the State of California ("City") and 1901 E. 1ST STREET PARTNERS,
LLC, a Delaware limited liability company ("Owner" or "Property Owner").
1. RECITALS. The Agreement is entered into with reference to the following
facts:
1.1 Purpose.
(1) The purpose of this Agreement is to facilitate the development of
the real property located at 1901 East First Street in the City of Santa Ana, a 5.19 acre parcel of
land that is located at the northeast corner of First Street and Cabrillo Park Drive, more
particularly described in section 2.5 of this Agreement.
(2) The Owner proposes to develop on the Property (defined in section
2.5 of this Agreement) amixed-use project consisting of two high-rise buildings, a 22-story
tower on the north portion of the site and a 23-story tower on the south portion of the site, with
extensive landscaping between. These two towers will contain a total of 374 condominium units.
The North Tower will contain a maximum of 183 for-sale units, and the South Tower will
contain a maximum of 191 for-sale units. In addition, a total of 8,800 square feet of commercial
space will be provided for the project, with 4,400 square feet to be provided within each tower.
The project will utilize the existing four-level, 669 space parking structure as well as an
additional 105 surface parking stalls on the site. These parking areas combined will provide 774
parking stalls.
1.2 Code Authorization. City is authorized pursuant to Government Code
Sections 65864 through 65869.5 to enter into Development Agreements with persons having
legal or equitable interests in real property for the purpose of establishing certainty for both City
and Owner in the development process. City enters into the Agreement pursuant to the
provisions of the Government Code and applicable City policies. The parties acknowledge:
(1) This Agreement is intended to assure adequate public facilities at
the time of development.
(2) This Agreement is intended to assure development in accordance
with City's General Plan, applicable Specific Plans and the Metro East Mixed-Use Overlay
Zone.
11 A-1'00
(3) This Agreement will permit achievement of goals and objectives as
reflected in the City's General Plan, all applicable Specific Plans and the Metro East Mixed-Use
Overlay Zone
(4) Owner is required by existing City regulations to provide
mitigation for certain identified impacts and pay certain regulatory fees as conditions of
approvals through the regulatory process.
(5) This Agreement will allow City to realize extraordinary and
significant public infrastructure facilities and other supplemental benefits in addition to those
available through the existing regulatory process.
(6) Many of the extraordinary and significant benefits identified as
consideration to City for entering into this Agreement are of regional significance, relate to
existing deficiencies in public facilities, require Owner to contribute a greater percentage of
benefits than would otherwise be required, and represent benefits which would not otherwise be
required as part of the development process.
1.3 Owner. Owner represents and warrants that it has a legal or equitable
interest in the real property located in City of Santa Ana, California, legally described on Exhibit
A attached hereto and incorporated herein, and graphically described on Exhibit B attached
hereto and incorporated herein (defined in section 2.5 as the "Property"). The Property is
currently occupied by atwo-story, 75,300 square foot building that was formerly home to the
Sequoia Athletic Club and the Australian Swim School, that will be demolished to accommodate
the proposed project. In addition, the four-story, 669 space parking structure that currently exists
on the east side of the property will remain as part of the Project (as that word is defined in
section 2.7 of this Agreement).
1.4 Interest of Owner. Owner hereby represents that it has an equitable and
legal interest in the Property. Owner further hereby represents that it has approved this
Agreement and is authorized to enter into this Agreement.
1.5 Planning Commission - Council Hearings. On February 26 and
March 12, 2007, the Planning Commission of the City ("Planning Commission"), after giving
notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to
consider the Owner's application for this Agreement. The Planning Commission recommended
to the City Council of City that it execute this Agreement. On March 19, 2007, the City Council
of the City of Santa Ana ("Council"), after providing notice as required by law, held a public
hearing to consider the Owner's application for this Agreement.
1.6 Council Findings. The Council finds that this Agreement is consistent
with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances,
plans, policies and regulations of the City.
1.7 City Ordinance. On April 2, 2007, the Council adopted Ordinance
No. NS-2741 approving this Agreement. The ordinance becomes effective thirty (30) days
thereafter.
11 A-101
2. DEFINITIONS. In the Agreement, unless the context otherwise requires:
2.1 "Applicable Rules" means all rules, regulations, ordinances and official
plans and policies of the City in force as of the Effective Date as included within the Santa Ana
Municipal Code ("SANG"), the Metro East Mixed-Use Overlay Zone, this Agreement and the
Entitlements, as defined below.
2.2 "Effective Date" means May 2, 2007, the date upon which the ordinance
approving this Agreement becomes effective.
2.3 "Entitlements" means Environmental Review No. 2006-01, General Plan
Amendment No. 2007-01, Amendment Application No. 2007-01, Tentative Tract Map No. 2007-
01 (County Map No. 17069), Zoning Ordinance Amendment No. 2007-01, the Metro East
Overlay Zone Public Realm Improvement Plan and Site Plan Review No. 2007-O1.
2.4 "Reserved Powers" means the rights and authority excepted from this
Agreement's restrictions on the City's police powers and which are instead reserved to the City.
The Reserved Powers include the power to enact and implement rules, regulations, ordinances
and policies after the Effective Date that are not in conflict with the Applicable Rules or that may
be in conflict with the Applicable Rules, but: (a) prevent or remedy conditions which the City
has found to be injurious or detrimental to the public health and/or safety; (b) are Uniform
Codes; (c) are required to comply with mandates under state and federal laws, rules and
regulations (whether enacted previous or subsequent to the Effective Date) or to comply with a
court order or judgment of a state or federal court; or (d) relate to increases in development
impact fees occurring after the Effective Date.
2.5 "Property Owner" or "Owner" means 1901 E. 1st Street Partners, LLC,
a Delaware Limited Liability Company, being the person, persons, or entity having a legal or
equitable interest in the Property, and includes successors in interest.
2.6 "Property" is the real property described in Exhibit A and referred to in
Exhibit B.
2.7 "Project" is the development of the Property, a one or two phase, for-sale
374 residential condominium development with 8,800 square feet of commercial development,
as generally set forth in Environmental Review No. 2006-01, General Plan Amendment No.
2007-01, Amendment Application No. 2007-01, Tentative Tract Map No. 2007-O1 (County Map
No. 17069), Zoning Ordinance Amendment No. 2007-01, the Metro East Overlay Zone Public
Realm Improvement Plan and Site Plan Review No. 2007-01.
2.8 "Uniform Codes" means those building, electrical, mechanical, fire and
other similar regulations of a City-wide scope which are based on recommendations of a multi-
state professional organization and become applicable throughout the City, such as, but not
limited to, the California Building Code, the California Electrical Code, the California
Mechanical Code, or the California Fire Code (including those amendments to the promulgated
11 A-1~2
Uniform Codes which reflect local modification to implement the published recommendations of
the multi-state organization and which are applicable City-wide)
2.9 "Utility Release" means the formal approval of the City Building
Department, following its inspection, that residential unit(s) may be released for initial
connection to the electrical power system, water service system, gas service system, and sanitary
sewer system. Utility Release(s) do not include temporary utility service provided to any
structure during construction.
3. EXHIBITS. The following documents referred to in the Agreement are attached
to this Agreement and are identified as follows:
Exhibit Referred to
Designation Description in Section
A Property Legal Description 1.3
B Property Graphical Description (Site Plan) 1.3
C Additional Offsite Mitigation Measures 5.1.8
4. GENERAL PROVISIONS.
4.1 Duration of Agreement. The term of this Agreement shall for ten (10)
years.
4.2 Assignment. Owner shall have the right to transfer or assign the Property,
in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or
corporation at any time during the term of this Agreement; provided, however, the rights of
Owner under this Agreement may not be transferred or assigned unless the written consent of the
Council is first obtained and any transfer or assignment of the rights under this Agreement shall
include in writing the assumption of the duties, obligations, and liabilities arising from this
Agreement if the City grants written consent to transfer the rights. Nor shall the rights of the
Owner hereunder be subject to assignment by attachment, execution, or proceedings under any
provision of the Bankruptcy Act, and any such assignment or transfer of the rights under this
Agreement shall be wholly void and of no force and effect unless such written consent thereto be
obtained from the Council. A transfer or assignment of the rights under this Agreement without
the consent of the City shall not relieve Owner of any accrued duty, obligation or liability to
City. No consent shall be required for sale of units to condominium unit buyers.
During the term of this Agreement, any approved assignee or transferee of the
rights under this Agreement shall observe and perform all of the duties and obligations of Owner
contained in this Agreement as such duties and obligations pertain to the portion of the Property
transferred or assigned. Any and all approved successors and assignees of Owner shall have all
of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If
the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated,
11 A-103
assigned, or transferred to persons for development by them in accordance with the provisions of
this Agreement. Upon assignment or transfer of the rights of Owner under this Agreement, the
obligations of Owner and the transferee or assignee shall be joint and several. Individual
condominium unit buyers shall not have any liability or obligation pursuant to that Agreement.
4.3 Amendment or Cancellation of Agreement. This Agreement may be
amended from time to time or cancelled by the mutual consent of the parties, but only in the
same manner as its adoption by an ordinance as set forth in Government Code Section 65868.
The term "Agreement" or "Development Agreement" as used herein shall include any
amendment properly approved and executed.
4.4 Enforcement. Notwithstanding Government Code Section 65865.4, this
Agreement is enforceable by any party to the Agreement in any manner provided by law. The
remedies provided in Section 7.4 of this Agreement shall not include, and City shall not be liable
for, any action in damages or any costs or attorney's fees resulting from any dispute,
controversy, action or inaction, or any legal proceeding arising out of this Agreement.
4.5 Hold Harmless. Owner agrees to and shall indemnify, defend (through
its own counsel) and hold City, its officers, agents, employees, consultants, and representatives
harmless from liability for damages, attorneys fees, restitution, judicial or (to the extent legally
possible) equitable relief arising out of claims for personal injury, including health, and claims
for property damage, which may arise from construction activities with respect to the Project by
the Owner or their contractors, subcontractors, agents, employees, or other persons acting on
their behalf. Owner further agrees to indemnify, defend (through its own counsel) and hold City,
its officers, agents, employees, consultants, and representatives harmless from any Litigation, as
hereinafter defined. For purposes of this paragraph, "Litigation" shall mean shall mean any
lawsuit, action or cross-action, challenging the validity of this transaction, the Project as defined
in Section 2.7, or any portion thereof or the rights of either party hereunder and/or the rights of
either party to engage in the acts and transactions contemplated by this Agreement.
Notwithstanding any other provision of this Agreement, this indemnity and duty to defend shall
be limited as follows:
(1) Owner shall have no responsibility to defend the City under this section for
any aspect of Litigation challenging Amendment Application 2007-01, General
Plan Amendment No. 2007-01, and/or Zoning Ordinance Amendment No.
2007-01 (the "Overlay").
(2) In the event the Litigation results in a judgment and/or award of damages
and/or attorneys fees related to the Overlay but in no way related to the
application of the Overlay to the Property, Owner shall have no responsibility to
indemnify the City therefor.
(3) In the event of any Litigation the parties hereby agree to affirmatively
cooperate in defending said action.
(4) Owner shall have approval of any settlement if, (i) it will affect Owner's
project, or (ii) Owner will be required to pay (or reimburse) any amounts
11 A~'~04
(regardless of type) in connection with the settlement (including attorneys' fees
and cost).
(i) If City determines to settle over Owner's objections, then Owner may
upon thirty (30) days written notice terminate defense of the action.
(ii) If City rejects a settlement offer that Owner deems reasonable, then
Owner may upon thirty (30) days written notice terminate defense of the
action.
(5) Owner shall be allowed to terminate its defense if it determines to abandon
defense of its project application; provided, however, that in such circumstance
Owner shall be solely liable for award, if any, of costs or attorneys' fees to
plaintiff/petitioner incurred prior to the effective date of termination.
4.6 Binding Effect of Agreement. To the extent not otherwise provided in
Section 4.2 of this Agreement, the burdens of the Agreement bind, and the benefits of the
Agreement inure, to the parties' successors in interest.
4.7 Relationship of the Parties. The contractual relationship between City
and Owner arising out of the Agreement is one of independent contractor and not agency. This
Agreement does not create any third party beneficiary rights.
4.8 Notices. Any notice, tender, demand, delivery, or other communication
pursuant to this Agreement shall be in writing and shall be deemed to be properly given if
delivered in person or mailed by first class or certified mail, postage prepaid, or sent by
telefacsimile or other telegraphic communication in the manner provided in this Section, to the
following persons:
If to City, to:
City Manager
City of Santa Ana
20 Civic Center Plaza M-31
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6954
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza M-29
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
11 A-'~05
If to Owner, to:
1901 E. 1st Street Partners, LLC
c/o NDC Development
4100 MacArthur Boulevard, Suite 150
Newport Beach, California 92660
Attention: Chief Legal Officer
telefacsimile (949) 622-9019
and,
Hans Van Ligten
Rutan & Tucker, LLP
P.O. Box 1950
Costa Mesa, California 92626-1950
telefacsimile (714) 5436-9035
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and
transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting telefacsimile
machine, addressed as set forth above. For purposes of calculating these time frames, weekends,
federal, state, County, or city holidays shall be excluded.
5. DEVELOPMENT OF THE PROPERTY.
5.1 City Obligations. In consideration for Owner entering into this
Agreement and performing its obligations hereunder and in order to effectuate the purposes and
intentions set forth in this Agreement and the Development Agreement Act, the City hereby
agrees during the Term as follows:
5.1.1 Vested Rights to Develop. Owner is hereby granted the vested
right to develop the Project subject to the terms and conditions of the Applicable Rules and the
Reserved Powers.
5.1.2 Non-application of Changes in Applicable Rules. Any change
in, or addition to, the Applicable Rules, including, without limitation, any change in the General
Plan, zoning ordinance, subdivision ordinance, or building regulation adopted or becoming
effective after the Effective Date, including, without limitation, any such change by means of
ordinance, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or
instituted for any reason whatsoever, however denominated, and adopted by the City Council,
Planning Commission or any City Agency, or by the electorate, as the case may be, which
would, absent this Agreement, otherwise be applicable to the Project and which would conflict
with the Applicable Rules, shall not be applied to the Project unless such changes represent an
11 A-'h06
exercise of the City's Reserved Powers or are otherwise expressly allowed by this Agreement.
In the event that state or federal laws or regulations enacted after this Agreement has been
entered into, prevent or preclude compliance with one or more provisions of this Agreement,
such provisions of this Agreement shall be modified or suspended as may be necessary to
comply with such state or federal laws or regulations.
5.1.3 Reserved.
5.1.4 Agreed Changes and Other Reserved Powers. This Agreement
shall not preclude application to the Project of rules, regulations, ordinances and officially
adopted plans and policies in conflict with the Applicable Rules where such additional rules,
regulations, ordinances and officially adopted plans and policies (a) are mutually agreed to in
writing by Owner and the City, or (b) result from the Reserved Powers.
5.1.5 Subsequent Development Approvals. The City shall require
Owner to obtain only those Subsequent Development Approvals that are required by the
Applicable Rules or the Reserved Powers. City hereby agrees that it shall condition any
Subsequent Development Approvals based only on the Applicable Rules and/or Reserved
Powers.
5.1.6 Moratoria. In the event an ordinance, resolution or other measure
is enacted, whether by action of the City, by initiative, or otherwise, which relates to the rate,
amount, timing, sequencing, or phasing of the development or construction of the Project on all
or any part of the Property, City agrees that, unless required by applicable state law, such
ordinance, resolution or other measure shall not apply to the Project, Property or this Agreement,
unless such changes are adopted pursuant to the City's exercise of its Reserved Powers or other
applicable provision of this Agreement.
5.1.7 Timing of Development. The parties acknowledge that Owner
cannot at this time predict when or if the Property will be developed. Such decisions depend
upon numerous factors which are not within the control of Owner such as market orientation and
demand, interest rates, absorption, completion and other similar factors. Because the California
Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that
the failure of the parties therein to provide for the timing of development resulted in a later
adopted initiative restricting the timing of development to prevail over such parties' agreement, it
is the parties' intent to cure that deficiency by acknowledging and providing that except as
provided in and subject to Section 5.11, Owner shall have the right to develop the Property at
such rate and at such time as Owner deems appropriate within the exercise of its subjective
business judgment.
5.1.8 Additional Offsite Mitigation Measures. The offsite mitigation
measures (i.e., which clarify mitigation measures set forth in the Project entitlements) which
must be constructed by Owner are as set forth in Exhibit C to this Agreement. All funds or costs
for offsite mitigation measures required pursuant to the approvals set forth in section 2.4 of this
Agreement shall be paid or security provided therefor in conformance with the provisions of the
Subdivision Map Act, no later than recordation of the final subdivision map for the Project, or
issuance of the first building permit for the Project, whichever comes first.
11 A-107
5.1.9 Irrevocable Offer to Dedicate Easements or Land To
Implement Public Realm Improvement Plan. On the face of the final map for the Project, or
contemporaneous with offering the final map for filing with the County if it is not placed on the
final map, Owner shall execute an irrevocable offer to dedicate to the City such property interest
(easement for the breezeway/lane along the north side and fee title along the south side of the
Project) as is necessary to effectuate the Metro East Public Realm Improvement Plan adopted
contemporaneously with the Project. Owner shall not be required to dedicate additional land
pursuant to any amendments to said Plan which may or may occur following its adoption.
Owner shall be entitled to an offset against its obligations under section 5.7 of this Agreement
for such property.
5.2 Exclusion from Existing Rules, Regulations and Policies.
a. Pursuant to Government Code Section 65866, and Pardee Construction
Co. v. City of Camarillo (1984) 37 Cal.3d 465, 208 Ca1.Rptr. 228, 690 P.2d 701, City retains the
right to enact police power regulations on matters not covered by section 5.1 of this Agreement,
including without limitation:
b. Municipal laws and regulations which do not interfere with Owner's
vested rights to develop and use the Property in accordance with section 5.1 of this Agreement
Owner and its successors and assigns and all persons and entities in occupation of any portion of
the Property shall comply with such non-conflicting laws and regulations as may from time to
time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such
non-conflicting laws and regulations include the following:
(1) Taxes, assessments, fees and charges, except as otherwise
specifically provided in this Development Agreement;
(2) Building, electrical, mechanical, fire and similar codes based upon
uniform codes incorporated by reference into the Santa Ana Municipal Code;
(3) Laws, including zoning code provisions, which regulate the
manner in which business activities may be conducted or which prohibit any particular type of
business activity on a city-wide basis; and
(4) Procedural rules of general City-wide application.
5.3 Construction Standards and Specifications. The construction standards
(e.g., the Uniform Codes) and specifications for all Project construction shall be subject to
applicable construction standards and guidelines in effect at the time that any development
approval shall be sought for the Project or any unit or structure contained within the Project.
5.4 FAA Approval. Owner shall obtain and maintain, during the term of the
agreement, any and all necessary approvals from the FAA for the Project. Should such
approvals lapse, and not be reinstated or reapproved prior to the issuance of the first building
permit, the City shall have the right to terminate the agreement.
11 A-908
5.5 Processing Fees. All fees and charges intended to cover City costs
associated with processing development of the Property, including but not limited to fees and
charges for applications, processing, inspections, plan review, plan processing, and/or
environmental review, which are existing or may be revised or adopted during the term of this
Agreement, shall apply to the development of the Property.
5.6 Amendments or Additions to Citywide Fee Programs. This Agreement
shall not preclude the inclusion of and changes to fee programs, taxes whether special or general,
or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective
date of this Agreement, which shall be applicable to the Project or the Property provided that
they (1) are standard fees applicable to all development in the City (although actual fee rates may
vary within the City where bona fide Citywide fee zones have been established), (2) are not
applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or
compensate for Project impacts which were analyzed in the environmental impact report
prepared for the Project, or (b) duplicate any project design features conditions of approval,
Agreements, or mitigation measures contained in this Agreement.
5.7 Community Facilities District or Other Financing Tool. Owner agrees
to petition for, and fully support (including voting to establish, if required), the establishment of
or annexation into a Community Facilities District or similar financing mechanism covering the
Property, in order to fund the proposed project's fair share of eligible items, e.g., the costs of
implementing the Metro East Public Realm Improvement Plan; provided, however that the total
effective tax rate (including but not limited to regular property or ad valorem taxes, special taxes,
benefit assessment or other imposition) shall not exceed an annual levy of one and six-tenths
percent (1.6%) of the Property's valuation, as improved. Owner and City shall cooperate in good
faith to designate those improvements and/or fees to be funded by the Community Facilities
District or other mechanism. Owner shall have the right to review and approve any final list of
said improvements and/or fees; provided, however that Owner's approval may not
be unreasonably withheld.
5.7.1 Phasing of Project. The parties agree and acknowledge that the
Project may be built in up to two (2) phases (with one tower in each phase), but that, except as
otherwise expressly stated herein, all conditions and mitigation measures shall be implemented
as part of the initial phase; provided, however that Owner may propose to delay to the second
phase on-site conditions (e.g., sidewalks) that could be damaged by future construction. Prior to
issuance of the first building permit for the project, Owner shall submit a proposed Phasing Plan
to the City, for review and approval by the City's Planning Commission. The proposed Phasing
Plan shall contain those items Owner deems necessary, but shall include the timing for first and
second phase construction and interim site improvements (i. e., landscaping, internal circulation)
between the phases. The approved Phasing Plan must be implemented within 6 months after
completion of the first phase (i. e., issuance of first Utility Release).
5.7.2 Inclusionary Housing. Owner shall pay to the City the sum of
Three Thousand Dollars ($3,000) for each Residential Unit contained in each phase
("Inclusionary Housing Fee"). The Inclusionary Housing Fee shall be paid with respect to each
phase at such time as 95% of the residential units within such phase have received Utility
Releases. The Inclusionary Housing Fee shall be used by the City for planning (including but
11 A='~~}9
not limited to preparation of one or more elements of its general plan or for zoning amendments),
conceptual design, final design, bid preparation, award of bid, property appraisal, property
acquisition, relocation, lost goodwill, and/or construction of new or substantially rehabilitated
existing affordable housing in the City.
5.7.3 In-Lieu Park Development Fee. The Owner shall pay an in-lieu
park development fee in the amount of One Million Four Hundred Fifty Thousand Dollars
($1,450,000) with respect to the Project ("In-Lieu Park Development Fee") payable pro rata,
which pro rata fraction shall be determined based on a fraction the numerator of which is the
total number of residential units in a phase and the denominator of which is the total number of
residential units in the Project. The pro rata In-Lieu Park Development Fee shall be paid prior to
issuance of the building permit for each phase. The City shall use said fees for new parkland,
capital improvements at existing parks, and deferred maintenance at existing parks (up to a
maximum of fifty percent of amount of the fee). If not used or appropriated this fee shall be
returned to Developer, consistent with the provisions of (and subject to the exceptions contained
within) the California Mitigation Fee Act, Government Code § 66000 et seq. Owner may
propose in future an alternative in-lieu of the provisions of this section which fully satisfies this
requirement, and if such proposal is consistent with City's park plans and standards, the City
shall consider such proposal in good faith; provided, however, that if approved such proposal
shall be the subject of an amendment to this Agreement entered into pursuant to Government
Code section 65868.
5.7.4 Reserved
5.7.5 Covenants, Conditions, and Restrictions. Covenants,
Conditions, and Restrictions (CC&R's) must be provided and approved by the Planning and
Building Agency's Executive Director for the project prior to the issuance of the first building
permit. Such CC&R's must contain at a minimum, the following:
(1) No more than four residents per unit, except that for three-bedroom
units, there shall be no more than five residents per unit.
(2) All initial sales of residential units by Owner shall include a
covenant that the buyer may not re-sell the unit for a period on one (1) year.
(3) No home occupancy shall be permitted in a unit, except in
accordance with section 41-192 et seq. of the Santa Ana Municipal Code.
(4) Assignment of repair of perimeter walls and common areas,
including landscaping, will be specified in the CC&R's in the event of damage.
(5) Disclosure and release: CC&R's shall provide notice to
prospective owners of the urban character of the City and this area, including but
not limited to the permitted uses of the property and buildings in the immediate
area of the development (e.g., Xerox Towers, State Compensation Insurance
Fund, I-5 and SR-55 freeways), and surrounding property zoned and/or devoted to
commercial use, and shall provide a release of all claims against the City which
may arise from or relate to the disclosed matters.
11A~~10
(6) Terms and Content:
i. CC&R's are to be in effect for an initial period of ninety-
nine years and then automatically expanded for successive one hundred year
periods unless terminated by the joint consent of the City and not less than
seventy five percent of those entitled to vote.
ii. Any proposed modifications to the CC&R's will require
approval by the Agency's Executive Director.
iii. CC&R's shall provide a significant financial penalty (i.e.,
the maximum permitted by law) that shall be imposed by the Home Owner's
Association to any member who violates these provisions
5.8 Reserved.
5.9 Reserved.
5.10 Conditions of Discretionary Approvals. The requirements imposed as
conditions of any discretionary approval received through the City's existing regulatory process
shall be governed by the terms of those approvals, and in no event shall such conditions be
affected by the termination, cancellation, rescission, revocation, or default or expiration of this
Agreement (although such conditions must comply with the Applicable Rules).
5.11 Compliance With Governmental Requirements. Owner shall carry out
the design, construction, and operation of the Project in substantial conformity with all
applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United
States, the State of California, the County of Orange, the City, or any other political subdivision
in which the Property is located, and of any other political subdivision, agency, or
instrumentality exercising jurisdiction over the City, the Owner or the Property, including all
applicable federal, state, and local occupation, safety and health laws, rules, regulations and
standards, applicable state and labor standards, applicable prevailing wage requirements, the City
zoning and development standards, City permits and approvals, building, plumbing, mechanical
and electrical codes, as they apply to the Property and the Project, and all other provisions of the
City and its Municipal Code (as they apply to the Property and the Project), and all applicable
disabled and handicapped access requirements, including, without the limitation, the Americans
With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh
Civil Rights Act, Civil Code § 51 et seq. ("Governmental Requirements").
6. ANNUAL REVIEW.
6.1 City and Owner Responsibilities. City shall, at least every twelve (12)
months during the term of this Agreement, review the extent of good faith substantial
compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section
65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good
faith compliance with the terms of the Agreement at the periodic review.
11 A=~~-1
6.2 Review Letter. If Owner is found to be in compliance with the
Agreement after annual review, City shall, upon written request by Owner, issue a Review Letter
to Owner (the "Letter") stating that based upon information known or made known to the City
Council, the City Planning Commission and/or the City Planning Director, the Agreement
remains in effect and Owner is not in default. Owner may record the Letter in the Official
Records of the County of Orange.
6.3 Failure of Periodic Review. City's failure to review at least annually
Owner's compliance with the terms and conditions of this Agreement shall not constitute or be
asserted by any party as a breach of the Agreement by Owner or City.
7. DEFAULT.
7.1 Events of Default. Property Owner is in default under this Agreement
upon the happening of one or more of the following events or conditions:
(1) If a warranty, representation, or statement made or furnished by
Property Owner to the City is false or proves to have been false in any material respect when it
was made;
(2) A finding and determination made by the City Council following a
periodic review under the procedure provided for in Government Code Section 65865.1 that
upon the basis of substantial evidence the Property Owner has not complied in good faith with
one or more of the terms or conditions of this Agreement;
(3) Failure to comply with Governmental Requirements;
(4) Any other event, condition, act, or omission which materially
interferes with the intent and objectives of this Agreement.
7.2 Procedure upon Default.
(1) Upon the occurrence of default, City shall give Property Owner
(the "defaulting party") thirty (30) days written notice specifying the nature of the alleged default
and, when appropriate, the manner in which said default may be satisfactorily cured. After
proper notice and expiration of said thirty (30) day cure period without cure, City may terminate
or amend this Agreement in accordance with the procedure adopted by the City as to all defaults
that may be cured within said thirty (30) day cure period. For defaults that cannot be cured
within said thirty (30) day cure period, City may terminate or amend this Agreement in
accordance with the procedure adopted by the City should at any time Owner fail to diligently
proceed in curing the default. Failure or delay in giving notice of default shall not constitute a
waiver of any default, nor shall it change the time of default.
(2) City does not waive any claim of defect in performance by
Property Owner, if on periodic review the City does not propose to modify or terminate this
Agreement.
11A-~12
(3) Non-performance shall not be excused because of a failure of a
third person.
(4) An express repudiation, refusal, or renunciation of the contract, if
the same is in writing and signed by the Property Owner, shall be sufficient to terminate this
Agreement and a hearing on the matter shall not be required.
(5) Adoption of a law or other governmental activity making
performance by the Owner unprofitable or more difficult or more expensive does not excuse the
performance of the obligation by the Property Owner.
(6) All other remedies at law or in equity which are not inconsistent
with the provisions of this Agreement are available to the parties to pursue in the event there is a
breach.
7.3 Damages upon Termination. In no event shall Property Owner be
entitled to any damages against City upon termination of this Agreement.
7.4 Institution of Legal Action. In addition to any other rights or remedies,
either party may institute legal action to cure, correct, or remedy any default or breach, to
specifically enforce any covenants or Agreements set forth in the Agreement, or to enjoin any
threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the
purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County
of Orange, State of California, or in the Federal District Court in the Central District of
California, Southern Division.
8. MORTGAGEE PROTECTIONS
8.1 Right to Owner/Notice/Multiple Mortgagees. Owner shall have the
absolute right to encumber Owner's right, title and interest in, to and under this Agreement and the
Property pursuant to one or more Mortgages. Because certain portions of the Project may be
developed by one or more assignees, the Parties acknowledge and agree that different Mortgages
may encumber the Property and that there may be a separate Mortgage in effect with respect to
separate parcels within the Property. It is the intention of the Parties that the rights and protections
granted in this Section 8 to each Mortgagee shall only apply to the parcels upon which such
Mortgagee's Mortgage is a lien (each a "Mortgage Parcel"), and to the rights, privileges and
obligations under this Agreement relating to such Mortgage Parcel.
8.2 Notice of Breach to Mortgagee or Deed of Trust Holders; Right to Cure.
With respect to any mortgage or deed of trust granted by Owner as provided herein, whenever the
City delivers any Notice or demand to Owner with respect to any Breach by Owner under this
Agreement and if Owner fails to cure the Breach within the time set forth herein, the City shall
deliver to each Mortgagee a copy of such notice or demand accompanied by a writing to the affect
that Owner has failed to cure a Breach ("Mortgagee Notice"); provided that Owner or Mortgagee has
provided City with addresses for such purpose. Each such Mortgagee shall (insofar as the rights
granted by the City are concerned) have the right, at its option, within thirty (30) days after the
receipt of the Mortgagee Notice, to cure or remedy or commence to cure or remedy and thereafter to
11 A-~~-3
pursue with due diligence the cure or remedy of any such Breach and to add the cost thereof to the
mortgage debt and the lien of its mortgage; provided, however if the Mortgagee is legally prevented
from curing such Breach because of a bankruptcy by the Owner then the thirty (30) day period shall
be tolled until such bankruptcy is confirmed or rejected. Nothing contained in this Agreement shall
be deemed to permit or authorize such Mortgagee to take advantage of Owner's rights hereunder, or
any portion thereof, without first having expressly assumed Owner's obligations to the City by
written agreement reasonably satisfactory to the City. It is understood that a Mortgagee shall be
deemed to have satisfied the thirty (30) day time limit set forth above for commencing to cure or
remedy a Owner default which requires title and/or possession of the Site (or portion thereof) if and
to the extent any such Mortgagee has within such thirty (30) day period commenced proceedings to
obtain title and/or possession and thereafter the Mortgagee diligently pursues such proceedings to
completion and cures or remedies the Breach, provided that, in such event, all noncurable Defaults
shall be waived.
8.3 Mortgagee Not Obligated Under the Agreement. Unless a Mortgagee
expressly assumes Owner's Obligations to the City in accordance with 8.2 above, no Mortgagee shall
in any way be obligated by the provisions of this Agreement, nor shall any covenant or any other
provision in this Agreement be construed so to obligate such Mortgagee. Nothing in this Agreement
shall be deemed to construe, permit or authorize any such Mortgagee to devote the Mortgage Parcel
to any uses or to construct any improvements thereon, other than those uses or improvements
provided for or authorized by this Agreement.
8.4 No Liability. No Mortgagee shall have any personal liability beyond its
interest in the Mortgage Parcel acquired by it through enforcement of its Mortgage for the
performance or payment of any covenant, liability, warranty or obligation hereunder, and the City
agrees that it shall look solely to the interests of such Mortgagee in such Mortgage Parcel for
payment or discharge of any such covenant, liability, warranty or obligation.
8.5 No Amendment or Termination. This Agreement shall not, without the
prior written consent of all Mortgagees holding Mortgages on each portion of the Property to be
affected thereby, be amended so as to (a) terminate this Agreement prior to the expiration of the
Term hereof (except as provided in Section 8.4 above with respect to such Property); or (b) change
any provision of this Agreement which, by its terms is specifically for the benefit of Mortgagees or
specifically confers rights on Mortgagees. No amendment to this Agreement affecting the Property
or any part thereof, made without the consent of any Mortgagee holding a Mortgage on such
Property, or any part thereof, shall be binding upon such Mortgagee or its successors in interest
should it become a party hereto.
8.6 Condemnation or Insurance Proceeds. Nothing in this Agreement shall
impair the rights of any Mortgagee, pursuant to its Mortgage, to receive insurance and/or
condemnation proceeds which are otherwise payable to Owner granting such Mortgage.
8.7 Title by Foreclosure. Except as otherwise set forth herein, all of the
provisions contained in this Agreement applicable to any of the Mortgage Parcel shall be binding on
and for the benefit of any person who acquires title to the property, or any part thereof, by
foreclosure under a Mortgage or transfer by deed in lieu.
8.8 Delegation to Mortgagee. Owner may delegate and/or assign irrevocably to
any Mortgagee the non-exclusive authority to exercise any or all of Owner's obligations and/or rights
11A-'~14
hereunder with respect to the Mortgage Parcel, but no such delegation shall be binding upon the City
unless and until either Owner or such Mortgagee shall give to the City a true and correct copy of a
written instrument effecting such delegation. Such delegation of authority may be effected by the
terms of the Mortgage itself, in which case service upon the other Party of an executed counterpart or
conformed copy of said Mortgage, together with written notice specifying the provisions therein
which delegates such authority to said Mortgagee, shall be sufficient to give such other Party notice
of such delegation. No such delegation or assignment shall relieve the Owner of that Mortgage
Parcel of any of its obligations hereunder with respect to such Mortgage Parcel.
8.9 No Obligation to Cure. Nothing herein contained shall require any
Mortgagee to cure any default of Owner referred to above.
8.10 Separate Agreement. The City shall, upon request, execute, acknowledge
and deliver to each Mortgagee requesting same, an agreement prepared at the sole cost and expense
of Owner, in form satisfactory to such Mortgagee and the City, between the City and the Mortgagees,
agreeing to all of the provisions hereof, provided Owner pays for all legal and other consulting costs
incurred by City in reviewing same.
8.11 Estoppel Certificate. Within thirty (30) days after written request therefore,
the City shall execute and deliver to any proposed Mortgagee in connection with its new Mortgage
and to such Mortgagee thereafter from time to time an estoppel certificate in form and substance
satisfactory to Owner and such Mortgagee ("Estoppel Certificate"). The City hereby agrees to
reasonably cooperate in including in any such Estoppel Certificate from time to time any provision
which may reasonably be requested by any proposed Mortgagee for the purpose of implementing the
Mortgagee protection provisions contained in this Section 8 and allowing such Mortgagee reasonable
means to protect or preserve the lien and security interest of its Mortgage hereunder, clarifying the
non-applicability of the provisions of this Agreement to such Mortgagee as it relates to parcels other
than the Mortgage Parcel, and/or such other terms and provisions as are customarily required by
Mortgagees (taking into account the customary requirements of their participants, syndication
partners or ratings agencies) in connection with any such financing; provided, however, that no such
Estoppel Certificate shall in any way materially adversely affect any rights of the City or increase
any obligations of City under this Agreement.
8.12 Conflicts. If there is any conflict between this Section 8 and any other
provision contained in this Agreement, this Section 8 shall control.
9. MISCELLANEOUS PROVISIONS.
9.1 Rules of Construction. The singular includes the plural; the masculine
gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than
one signer of this Agreement, their obligations are joint and several.
9.2 Entire Agreement, Waivers and Amendments. This Agreement
constitutes the entire understanding and Agreement of the parties with respect to the matters set
forth in this Agreement. This Agreement supersedes all negotiation or previous Agreements
between the parties respecting this Agreement. All waivers of the provision of this Agreement
must be in writing and signed by the appropriate authorities of City or of Owner. All
amendments to this Agreement must be in writing signed by the appropriate authorities of City
11 A-'~q 5
and Owner, in a form suitable for recording in the Official Records of Orange County,
California. Upon the completion of performance of this Agreement or its revocation or
termination, an appropriate Certificate of Completion acknowledging such occurrence signed by
the appropriate agents of Owner and City shall be recorded in the Official Records of Orange
County, California.
9.3 Project as a Private Undertaking. It is specifically understood by the
parties that: (a) the Project is a private development for purposes of Government Code Section
65864 et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning
any improvements to the Property or in connection with the Project; and (c) Owner shall have the
full power and exclusive control of the Property subject to the obligations of Owner set forth in
this Agreement.
9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this
Agreement are part of this Agreement.
9.5 Captions. The captions of this Agreement are for convenience and
reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the
interpretation, construction, or meaning of any of the provisions of this Agreement.
9.6 Consent. Where the consent or approval of a party is required in or
necessary under this Agreement, the consent or approval shall not be unreasonably withheld.
9.7 Covenant of Cooperation. The parties shall cooperate with, deal with
each other in good faith, and assist each other in the performance of the provisions of this
Agreement.
9.8 Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
9.9 Conflicts of Law. In the event that state or federal laws or regulations
enacted after this Agreement has been entered into or the action or inaction of any other affected
governmental jurisdiction prevent or preclude compliance with one or more provisions of this
Agreement or require changes in plans, maps, or permits approved by the City, the parties shall
provide the other party with written notice of such state or federal restriction, provide a copy of
such regulation or policy, and a statement of conflict with the provisions of this Agreement. The
parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to
modify this Agreement to comply with such federal or state law or regulation. Thereafter,
regardless of whether the parties reach an Agreement on the effect of such federal or state law or
regulation upon the Agreement, the matter shall be scheduled for hearing before the Council.
Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The
City Council, at such hearing, shall determine the exact modification or suspension which shall
be necessitated by such federal or state law or regulation pursuant to Government Code Section
65869.5. At the hearing Owner shall have the right to offer oral and written testimony.
11A=~16
9.10 Recording. The City Clerk shall cause a copy of this Agreement to be
recorded with the Office of the County Recorder of Orange County, California, within ten (10)
days following the effective date of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the City of
Santa Ana and by Property Owner.
Dated this day of
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
Approved as to Form:
JOSEPH W. FLETCHER
City Attorney
2007.
THE CITY OF SANTA ANA
DAVID N. REAM
City Manager
(signatures continued on next page)
11A~~a7
(signatures continued from prior page)
1901 E. 1ST STREET PARTNERS, LLC,
a Delaware limited liability company
By: CPH UI 1, LLC,
a Delaware limited liability company,
Its Member
By: Capital Pacific Holdings, Inc. ,
a Delaware corporation,
Its Sole Member
By:_
Name:
Title
By:_
Name:
Title
11A=~18
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this day of 200_, before me,
a Notary Public in and for said state, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the City Manager of THE CITY OF SANTA ANA, the charter city
that executed the within instrument, known to me to be the person who executed the within
instrument on behalf of the municipal corporation therein named, and acknowledged to me that
such municipal corporation executed the within instrument pursuant to its bylaws or a resolution
of its City Council.
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this day of 200_, before me,
a Notary Public in and for said state, personally appeared
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the of ., the
that executed the within instrument, known to me to be the person who
executed the within instrument on behalf of the municipal corporation therein named, and
acknowledged to me that such municipal corporation executed the within instrument pursuant to
its bylaws or a resolution of its Board.
WITNESS my hand and official seal.
NOTARY PUBLIC
11 A=~19
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this day of 200_, before me,
a Notary Public in and for said state, personally appeared
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the of ., the
that executed the within instrument, known to me to be the person who
executed the within instrument on behalf of the municipal corporation therein named, and
acknowledged to me that such municipal corporation executed the within instrument pursuant to
its bylaws or a resolution of its Board.
WITNESS my hand and official seal.
NOTARY PUBLIC
11 A-~~0
EXHIBIT A
Property Legal Description
THAT PORTION OF LOT 15 OF THE MAYBURY TRACT, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED
IN BOOK 36, PAGE 65 OF MISCELLANEOUS MAPS, RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL NO. 1 AS SHOWN ON A MAP FILED IN BOOK 98, PAGE 30 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
AS AMENDED BY A CERTIFICATE OF CORRECTION RECORDED OCTOBER 20, 1977
IN BOOK 12424, PAGE 543 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION OF PARCEL 1 AS SHOWN ON A MAP
FILED IN BOOK 98, PAGE 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, SITUATED IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE
ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 NORTH 89°31'52" EAST 34.14
FEET; THENCE NORTH 45°19'14" WEST 38.26 FEET TO A LINE PARALLEL WITH AND
7.00 FEET EASTERLY FROM THE WESTERLY LINE OF SAID PARCEL 1; THENCE
SOUTH 89°49'39" WEST 7.00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID
WESTERLY LINE SOUTH 0°10'21" EAST 27.18 FEET TO THE POINT OF BEGINNING,
AS GRANTED TO THE CITY OF SANTA ANA, IN DEED RECORDED SEPTEMBER 18,
1990 AS INSTRUMENT NO. 90-493896, OF OFFICIAL RECORDS.
Orange County Assessor's Parcel Number 400-081-08
11 A=111
EXHIBIT B
Property Site Plan
..~..
11 A-~~-2
EXHIBIT C
Additional Offsite Mitigation Measures
Im rovement Location
Pay fair share of all costs to acquire required Fourth Street at Southbound SR-55 on-ramp
right of way for and construct eastbound right (Tustin Avenue to SR-55)
turn lane
In order to implement & satisfy mitigation First Street and Cabrillo along the project
measure MM 4.12 2, construct raised "pork- frontage
chop" island to Public Works Agency
specifications
Note: For offsite public improvements constructed by Owner (i. e., "pork-chop" island), it shall
pay all workers employed in connection with the work not less than the prevailing rates of
wages, as provided in the statutes applicable to public works contracts, including without
limitation §§ 1770-1780 of the California Labor Code.
11 A-'~~-3
11A-124
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
APPROPRIATION ADJUSTMENT
ACCEPTING THE CLICK IT OR
TICKET PROGRAM GRANT
,i
~k. r ~~
CI Y MANAGER
RECOMMENDED ACTION
FILE NUMBER
Approve an appropriation adjustment accepting the Click It or Ticket
Program Grant in the amount of $89,999 into the revenue account (account
no. 165-01-5360) and appropriate same into the Click It or Ticket Program
Grant overtime expenditure account (account no. 165-344-6141).
DISCUSSION
The Santa Ana Police Department has been awarded an $89,999 grant from the
UC Berkeley Traffic Safety Center (TSC) This year, TSC is administering
the Click It or Ticket Program funds for the California Office of Traffic
Safety. This grant funding will allow the Police Department's Traffic
Division to conduct a 21-day period seat belt enforcement operation in May
and June 2007 during the national "Click It or Ticket" mobilization
campaign. The goal of the California Click It or Ticket Program is to
increase seat belt use statewide to 93.7 percent by July 2007.
FISCAL IMPACT
Approval of the appropriation adjustment will enhance the Click It or
Ticket-UC Berkeley revenue account (account no. 165-01-5360) by $89,999 and
increase the same into the Click It or Ticket-UC Berkeley overtime
expenditure account (account no. 165-344-6141).
APPROVED AS TO FUNDS AND ACCOUNTS:
`(
Paul M. Walters Francisco Gutierrez
Chief of Police Executive Director
Police Department Finance & Mgmt. Services Agency
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
20A-1
20A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
CONTRACT AMENDMENT
PERSONAL HYDRATION
AND ACCESSORIES
(BID SPEC. 07-016)
CLERK OF COUNCIL USE ONLY:
APPROVED
FOR ^ As Recommended
SYSTEM ^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CI Y MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Amend the contract with L.N. Curtis & Sons to increase the aggregate limit
by $20,000 for personal hydration system and accessories for an annual
amount not to exceed $50,000.
DISCUSSION
On September 19, 2005, the City Council accepted a $8.4 million Urban Area
Security Initiative grant from the federal Department of Homeland Security,
through the State of California, Office of Homeland Security. This
initiative was designed to enhance the domestic preparedness of urban areas
by ensuring that all emergency first responders have adequate equipment and
systems to prevent, respond to and recover from acts of terrorism. The
grant provides total reimbursement to local agencies for equipment
purchases approved and authorized by the Office of Disaster Preparedness.
The Police Department requires a cache of Weapons of Mass Destruction (WMD)
personal protective equipment (PPE) kits to reduce first responders'
exposure to biological, chemical, and radiological threats. Each PPE kit
consists of a coverall and overhood, chemical protective adhesive strips,
protective latex booties, and disposable nitrile gloves. When first
responders don their PPE, they are susceptible to dehydration and heat
stroke. To mitigate these symptoms, first responders will be issued a
personal hydration system for use with their PPE. An additional $5,000
contingency has been added for fire equipment including a hose tester.
The notice inviting bids was advertised on February 14 and 16, 2007, and
bids were solicited. A summary of the bid invitations and bids received is
as follows:
7 Invitations For Bid mailed
3 Responsive Bids received
22A-1
Contract Amendment for Personal Hydration System and Accessories
March 19, 2007
Page 2
Bids were received,
The bid received
specifications and
personal hydration
fiscal purchases,
Council approval.
FISCAL. IMPACT
opened on February 26, 2007, and evaluated (Exhibit 1).
from L.N. Curtis & Sons is responsive to the
meets the City's requirements. The purchase of the
system and accessories, when added to the vendor's
will exceed the $25,000 aggregate total, and requires
Funds are available in the Office of Emergency Services (OES) Urban Areas
Security Initiative (UASI) 2005 Police Grant and the Fire Maintenance
Operating Materials & Supplies accounts (account nos. 125-333-6391 and 11-
327-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
R
Paul M. Walters ~ Francisco Gutierrez F~/'~
Chief of Police Executive Director
Finance & Mgmt. Services Agency
C~
Philip M. Ga cia
Fire Chief
PMW/PMG/TO/07-016.37:uc
22A-2
ABSTRACT -- BID SPEC. 07-016
CONTRACT AMENDMENT FOR HYDRATION SYSTEM AND ACCESSORIES
BIDDER: L.N. CURTIS & SONS
LOC: OAKLAND, CA
HYDRATION SYSTEM: $28.94 X 400 = $11,576.00
ADAPTER: $ 5.59 X 400 = $ 2,236.00
FIELD CLEANING $ 9.44 X 400 = $ 3,776.00
KIT:
SUBTOTAL: $17,588.00
7.75 TAX: $ 1,363.07
TOTAL: $18,951.07
QUANTICO ARMS & TACTICAL
SUPPLY, INC.
OCEANSIDE, CA
$28.75 X 400 = $11,500.00
$ 5.75 X 400 = $ 2,300.00
$ 9.98 X 400 = $ 3,992.00
$17,792.00
$ 1,378.88
$19,170.88
BIDDER:
LOC:
HYDRATION SYSTEM:
ADAPTER:
FIELD CLEANING
KIT:
SUBTOTAL:
7.758 TAX:
TOTAL:
1
EXTREME OUTFITTERS, INC.
JACKSONVILLE, NC
$32.50 X 400 = $13,000.00
$ 6.50 X 400 = $ 2,600.00
$10.50 X 400 = $ 4,200.00
SUMMARY OF BID AWARD:
L.N. CURTIS & SONS
$19,800.00
$ 1,534.50
$21,334.50
$18,951.07
EXHIBIT 1
22A-3
22A-4
REQUEST FOR
COUNCIL ACTION
CITY COiJNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
CONTRACT AMENDMENT
PROTECTIVE ENSEMBLE
(BID SPEC. 07-017)
CLERK OF COUNCIL USE ONLY:
APPROVED
FOR ^ As Recommended
^ As Amended
^ Ordinance on 1S' Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
C TY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Amend the contract with Allstar Fire Equipment to increase the aggregate
limit. by $35,000 for protective ensembles for an annual amount not to
exceed $82,375.
DISCUSSION
On September 19, 2005, the City Council accepted a $8.4 million Urban Area
Security Initiative grant from the federal Department of Homeland
Security, through the State of California, Office of Homeland Security.
This initiative was designed to enhance the domestic preparedness of urban
areas by ensuring that all emergency first responders have adequate
equipment and systems to prevent, respond to and recover from acts of
terrorism. The grant provides total reimbursement to local agencies for
equipment purchases approved and authorized by the Office of Disaster
Preparedness.
The Santa Ana Police Department's Joint Hazardous Assessment Team (JHAT)
trains with local police, sheriff, and fire departments to respond to acts
of terrorism involving chemical, biological, radiological, nuclear, and/or
explosive devices (CBRNE) The Lion Apparel MT 94 suit offers essential
protection to officers entering a chemical, biological, and some types of
radiological environments. The MT 94 suit is impermeable by a live agent,
biological and chemical, for over 72 hours. This level of protection is
crucial to an officer`s well-being when conducting rescues or combating
violent criminal behavior in a CBRNE environment. Additionally, this
amendment will allow the purchase of 60 helmets for the fire suppression
personnel.
The notice inviting bids was advertised on February 14 and 16, 2007, and
bids were solicited. A summary of the bid invitations and bids received is
as follows:
5 Invitations For Bid mailed
2 Responsive Bids received
22B-1
Contract Amendment for Personal Hydration System and Accessories
March 19, 2007
Page 2
Bids were received, opened on February 26, 2007, and evaluated (Exhibit).
The bid received from Allstar Fire Equipment is responsive to the
specifications and meets the City's requirements. The purchase of the
protective ensembles, when added to the vendor's fiscal purchases will
exceed the $25,000 aggregate total, and requires Council approval.
FISCAL IMPACT
Funds are available in the Office of Emergency Services (OES) Urban Areas
Security Initiative (UASI) 2005 Police Grant and the Fire Maintenance
Operating Materials & Supplies accounts (account nos. 125-333-6391 and 11-
327-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
Y~ y ~-. -
T ~.S~a~ ~~~~~ ~-~
Paul M. Walters c~~rFrancisco Gutierrez
Chief of Police Executive Director
Finance & Mgmt. Services Agency
Phil ip M. Garcia
Fire Chief
PMW/PMG/TO/07-017.37:uc
22B-2
ABSTRACT -- BID SPEC. 07-017
CONTRACT AMENDMENT FOR PROTECTIVE ENSEMBLE
BIDDER:
LOC:
PROTECTIVE
ENSEMBLE
SUBTOTAL:
7.75% TAX:
TOTAL:
ALLSTAR FIRE EQUIPMENT
ARCADIA, CA
S 1.605.00
$,iL, lUU. UU
$ 2,487.00
$34,587.75
SUMMARY OF BID AWARD:
ALLSTAR FIRE EQUIPMENT $34,587.75
EXHIBIT 1
22B-3
LION APPAREL INC.
DAYTON, OH
S 1.995.00
$39,900.00
$ 3,092.25
$42,992.25
22B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 02, 2007
TITLE:
CONTRACT AWARD FOR PORTABLE
SHELTERS
(SPEC. NO. 07-019)
~^-~ ~:~.
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Reject the bids from Comade, Inc., and Fisher Safety as non-
responsive.
2. Award a contract to Aramsco, Inc., for the purchase of four
first response portable shelters in the amount of $49,365.96.
DISCUSSION
On September 19, 2005, the City Council accepted a $8.4 million Urban Area
Security Initiative grant from the federal Department of Homeland
Security, through the State of California, Office of Homeland Security.
This initiative was designed to enhance the domestic preparedness of urban
areas by ensuring that all emergency first responders have adequate
equipment and systems to prevent, respond to and recover from acts of
terrorism. The grant provides total reimbursement to local agencies for
equipment purchases approved and authorized by the Office of Disaster
Preparedness.
The Police Department requires portable shelters to provide the urban areas
with capability to respond to Weapons of Mass Destruction (WMD) events or
acts of terrorism. When responding to WMD events or acts of terrorism, it
may be necessary for first responders to wear protective suits. Rapidly
deployable portable shelters will provide the first responders with a
location to privately put on and take off the protective suits, as well as
a climate-controlled environment in which to recover. The portable
shelters will be part of the equipment stored in the WMD cargo trailers and
will be strategically positioned throughout the Santa Ana Urban area to
facilitate a rapid response to any WMD event or terrorist incident.
22C-1
Contract Award for Portable Shelters
April. 2, 2007
Page 2
The notice inviting bids was advertised on February 14 and 16, 2007, and
bids were solicited. A summary of the bid invitations and bids received is
as follows:
7 Invitations For Bid mailed
4 Bids received
Bids were received and opened on February 26, 2007. The bids were
evaluated on specific frame, size, and weight requirements to allow for
compatibility with existing first response shelters, and for completeness.
The bid received from Comade, Inc., deviated from the articulating frame
technology, and size and weight requirements; the bid received from Fisher
Safety was incomplete. Both bids are therefore nonresponsive. Bid results
are as follows:
Vendor:
Aramsco, Inc.
Global Protection Acquisition, Inc.
Amount: Location:
$49,365.96 Ontario, CA
$54,369.06 West Berlin, NJ
The bid received from Aramsco, Inc., is responsive to the specifications
and meets the City's requirements.
FISCAL IMPACT
Funds are available in the Office of Emergency Services (OES) Urban Areas
Security Initiative (UASI) 2005 Police Grant Machinery & Equipment account
(account no. 125-333-6641).
APPROVED AS TO FUNDS AND ACCOUNTS:
~ ~~
Paul M. Walters
Chief of Police
PMW/TO/07-019.7:uc
s~ Francisco Gutierrez
~,e~/ Executive Director
Finance & Mgmt. Services Agency,(
22C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
CONTRACT AWARD FOR
UNINTERRUPTIBLE POWER SOURCE
BATTERIES
(SPEC. NO. 07-026)
-2's.~~.
~~ CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Award a contract to MGE UPS Systems, Inc., for uninterruptible power source
batteries in an amount not to exceed $45,672.
DISCUSSION
The City ensures that critical facilities and operations are provided a
powersource back up in case of an emergency. The Santa Ana Police
Department and Holding Facility are equipped with back up power generators
in the event of a power outage. Additionally, the uninterruptible power
source (UPS) batteries are maintained to bridge from the main power to the
back up power generators to insure that the power supply is not
interrupted.
There are four areas equipped with the UPS batteries:
center, the jail electronic security system, and the
both the police administration building and the holding
still functional, the existing UPS batteries installed
their recommended lifespan. The contract will provide
replacement of 192 batteries and connection cables.
the 9-1-1 dispatch
computer rooms for
facility. Although
in 2001 have reached
for the removal and
6 Invitations For Bid mailed
1 Invitation For Bid mailed to a Santa Ana vendor
5 Bids received
1 Bid received from a Santa Ana vendor
Bids were received, opened on March 7, 2007 and evaluated (Exhibit 1). The
bid received from MGE UPS Systems, Inc., is responsive to the specification
and meets the City's requirements.
22D-1
Contract Award for Batteries
April 2, 2007
Page 2
FISCAL IMPACT
Funds. are available in the Police Building & Facilities Other Contractual
Services account (account no. 11-350-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
Q ~WT-
Paul M. Walters
Chief of Police
PMW/BP/07-026:uc
1.eir~t'~fGc. G~ -~ ~
y~rFrancisco Gutierrez
~xecutive Director
V Finance & Mgmt. Services Agency
22D-2
ABSTRACT OF BIDS
CONTRACT AWARD FOR REPLACEMENT OF UPS BATTERIES (Spec. 07-026)
Vendor MGE UPS Coast Energy American
Systems, Inc. Corporation, Inc. Power
Systems, LLC
Location Costa Mesa San Fernando Irvine
200 Batteries $ 35,000.00 $ 44,800.00 $ 44,090.00
180 Interconnect $ 1,386.00 $ 1,440.00 $ 1,485.00
Cables
15 Intertray Cables $ 877.50 $ 180.00 $ 405.00
Sales Tax $ 2,887.92 $ 3,597.55 $ 3,563.45
Installation $ 5,520.00 $ 3,750.00 $ 4,500.00
Total Cost $ 45,671.42 $ 53,767.55 $ 54,043.45
Power
Conversion
Systems
Huntington
Beach
$ 47,052.00
$ 1,422.00
$ 193.50
$ 3,771.73
$ 3,000.00
$ 55,439.23
Vendor Intelligent
Power
Solutions, Inc.
Location Santa Ana
200 Batteries $ 46,980.00
1801nterconnect $ 2,880.00
Cables
15 Intertray Cables $ 240.00
Sales Tax $ 3,882.75
Installation $ 12,293.40
Total Cost $ 66,276.15
Exhibit 1
22D-3
22D-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL. 2, 2007
~~
CONTRACT AWARD FOR
POOL REFINISHING AT
EL SALVADOR PARK POOL
(SPEC. NO. 07-028)
2 ~ ~ i/' `'tu -~
C~ CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2" ° Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Award a contract to South Coast Pool Plastering, Inc., for pool refinishing
in the amount of $52,800.
DISCUSSION
The Parks, Recreation and Community Services Agency maintains and operates
five swimming pools, which provide a wide variety of aquatics programs for
the community. The pools, four of which are over 20 years old, require
resurfacing as needed. Park Services has been systematically replacing the
fiberglass linings with plaster surfaces at the pools for enhanced safety
and efficient routine maintenance.
The E1 Salvador Center pool, which serves over 600 residents annually with
recreation swim programs, is one of two pools remaining to be renovated.
The fiberglass lining, which was installed in 1987, has started to detach
from the wall and floor surface areas due to weather and use. The original
lining will be removed and replaced with a new plaster surface. when the
renovation is complete, the preventative maintenance program calls for
resurfacing of the pool every 10-15 years.
The notice inviting bids was advertised on February 26 and 28, 2007, and
bids were solicited. A summary of the bid invitations and bids received is
as follows:
24 Invitations For Bid mailed
2 Invitations For Bid mailed to Santa Ana vendors
2 Bids received
22E-1
Contract Award for Pool Refinishing
April 2, 2007
Page 2
Bids were received, opened on March 13, 2007, and evaluated. Bid results
are as follows:
Vendor: Amount: Location:
South Coast Pool Plastering, Inc. $48,000 Lakeside
Service 1St Commercial Pool Systems $65,500 Costa Mesa
The bid received from South Coast Pool Plastering, Inc., is responsive to
the specifications and meets the City's requirements. A 10 percent
contingency has been included for unanticipated minor modifications.
FISCAL IMPACT
Funds are available in the Recreation & Community Services Facilities
Maintenance Other Contractual Services account (account no. 11-260-6291).
j~ ~'k~Z'>~ l/~ ~
Gerardo Moue~~
Executive Director
Parks, Rec. & Comm. Svcs. Agency
APPROVED AS TO FUNDS AND ACCOUNT:
~-~
r~~rFrancisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency ~/
GM/WO/07-028.8:uc
22E-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 2, 2007
TITLE:
CONTRACT CHANGE ORDER No. 2;
EL SALVADOR CENTER RENOVATION
AND PARK IMPROVMENTS (PROJECT
NOS. 04-6375, 05-7806, AND
04-7709)
,,
r;
i~
.L /
ITY MANAGER
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve Change Order No. 2 for El Salvador Park Improvements for an
estimated cost of $100,000.
DISCUSSION
Change Order Number: 2
Project Description: E1 Salvador Center Renovation and Park
Improvements.
Contractor: States Link Construction, Inc.
18600 Main Street, Suite #260
Huntington Beach, CA 92648
Original Contract Cost: $1,299,000
Amount of this
Change Order: $100,000 7.70%
Previously approved
Change Order: $129,214 9.95%
Total Change Orders: $229,214 17.65%
Due to funding limitations at the time of bidding of this project, staff
was unable to renovate the entire El Salvador Community Recreation Center
as planned. Since the start of construction, additional funding has
become available and the Parks, Recreation and Community Services Agency
would like to expand the scope of work to include additional work beyond
the contract contingency.
23A-1
Change Order No. 2
Project No. 04-6375
April 2, 2007
Page 2
Expanding the scope of work and including it as part of this contract
will ensure the scheduled opening this summer with all planned amenities.
The additional work is as follows:
• Repair the window and doors between the classrooms.
• Replace the flooring throughout the facility.
• Paint the classrooms.
• Provide additional reception and serving casework.
• Repair and slurry seal the parking lot.
• Repair the adjacent pool building's deteriorated roof.
Estimated cost = $100,000
The final cost will be determined after negotiations with the contractor.
The Council's approval is required to cover the extra costs exceeding the
project contingency.
FISCAL IMPACT
The cost for the change order is estimated at $100,000. Funds are
available in the Recreation & Community Services - Facilities Maintenance
fund (account no. 11-260-6631) and the Capital Outlay fund - Park
Improvements (account no. 51-250-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
v G
li
James G. oss ,/~ rancisco Gutierrez
Executive Director V Executive Director ~
Public Works Agency Finance & Mgmt. Services Agency
r
Gera do Mouet ~
Exec ive Director
Parks, Recreation and Community
Services Agency
K:\Construction\RFCA-draft\2007\04-6375 2007-04-02 C02.doc
23A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
CONTRACT AWARD WITH P&D CONSULTANTS
TO PREPARE AN ENVIRONMENTAL IMPACT
REPORT FOR THE CITY PLACE SKY LOFTS
PROJECT
_.
'!
~2 ~ ~' K "-
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement with P&D
Consultants to prepare an Environmental Impact Report (EIR) and
related technical studies for the City Place Sky Lofts in an amount
not to exceed $246,625.
2. Approve an appropriation adjustment recognizing $246,625 in the
2006-2007 FY revenue account for environmental review fee for the
City Place Sky Lofts Project (account 11-01-5452-115) and
appropriating $246,625 to the Planning and Building Agency 2006-2007
FY budget allocation in the account for contractual services
(account no. 11-505-6291) for payment to P&D Consultants.
DISCUSSION
In February of 2005, the City Place mixed-use development was approved by
the City Council. As part of the development agreement approved at that
time, a two-acre parcel was set aside to study the possibility of
developing a high-rise residential project. Since that time, the
developer had been analyzing the possibilities of high-rise residential.
More recently, the developer, Transaction Financial Corporation, has
submitted drawings into the City's review process. Staff has prepared a
preliminary environmental analysis and identified a number of potentially
significant environmental impacts that could be associated with the
implementation of the proposed project. Therefore, the preparation of an
Environmental Impact Report (EIR) for the project is required for the
proposed development. Transaction Financial Corporation will be funding
the recommended contract in its entirety.
25A-1
Contract Award with P&D Consultants
April 2, 2007
Page 2
Staff is recommending an agreement with P&D Consultants due to their
technical expertise in environmental analysis for complex projects, as
well as for their experience in preparing the City Place mixed-use
development EIR 2004-01. P&D Consultants previously prepared the EIR for
the City Place project that was entitled in February of 2005. It is
anticipated that this contract will continue to build on that successful
effort. Presently, P&D Consultants is not under contract with the City
or the applicant on any other project. It is recommended that P&D
Consultants be awarded the contract to prepare the Environmental Impact
Report for the City Place Sky Lofts project. The total amount would be
$246,625.
Environmental Impact
The awarding of a contract for preparation of an environmental impact
report is statutorily exempt from CEQA.
FISCAL IMPACT
The applicant of the project, Transaction Financial Corporation will
deposit the full amount with the City of Santa Ana, in a special account
for the proposed project for 2006-2007 fiscal year. The total
appropriation adjustment will increase the anticipated revenue in the
special revenue account for the project (account no. 11-01-5452-115) by
$246,625 and increase the Planning and Building Agency expenditure
allocation for contractual services by $246,625 (account no. 11-505-6291)
for payment to P&D Consultants.
APPROVED AS TO FUNDS AND ACCOUNTS:
Ja M. Trevino v-Francisco Gutierrez
E cutive Director ~ Executive Director
Planning and Building Agency Finance & Management Services Agency/~,~
PG:rb ~/
pg\projects\cityplaceskylof is\PandDCOntract.cc
25A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
AGREEMENT WITH EDWARD K.
AGHJAYAN FOR ENERGY CONSULTING
sERVICEs
,._:~,
'")
~~.
~~' ~;:.
CI MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 ~ Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute an agreement with Edward K. Aghjayan in an
amount not to exceed $50,000 for energy consulting services.
DI3CU38ION
There are a number of opportunities for energy efficiency programs available
through Southern California Edison and through the State of California. To
take advantage of the available programs, staff is proposing to contract with
Edward K. Aghjayan, a consultant with experience in managing multiple energy
programs, to assist in evaluating the various energy program options, their
applicability to the City and the benefits of each program.
The City is currently evaluating community based energy efficiency program
options and community aggregation alternatives now possible through a change
in state law. Staff recommends the proposed agreement with Mr. Aghjayan to
assist staff in developing program recommendations.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Public Works Administration activity for
contractual services (account no. 101-601-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
G ,
-games G. Ross Francisco Gutierrez
Executive Director ~xecutive Director
Public Works Agency Finance & Mgmt. Services Agency
25B-1
25B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
PURCHASE AGREEMENTS FOR
BRISTOL STREET CORRIDOR (PROJECT
06-1500)
L~
/~' . ~~~
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements with:
Odilon & Paulina Salgado for the purchase of the residential
property located at 822 S. Bristol in the amount of $625,000;
John P & Tao-Jan Hou for the purchase of the residential
property located at 711 S. Bristol in the amount of $600,000.
DISCUSSION
On March 6, 2006 the City Council approved the cooperative agreement
between the City and the Orange County Transportation Authority to
fund Bristol Street improvements from McFadden Avenue and Pine
Street.
Improvements include widening of the street from four lanes to six,
construction of landscaping in the parkways and the median islands,
traffic improvements, drainage structures, sound walls, and other
amenities as outlined in the Specific Plan. To accommodate the
widening, the acquisition of the entire properties listed above is
required (Exhibit 1). The purchase amounts are the appraised value
prepared by an appraiser licensed in the State of California.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
proposed project has been determined to be adequately evaluated in
the previously prepared Environmental Impact Report/Environmental
Impact Assessment EIR No. 89-O1 approved by City Council in 1990.
25C-1
Purchase Agreements
April 2, 2007
Page 2
FISCAL IMPACT
Funds are appropriated in the Select Street Construction Fund
(account no. 59-553-66.11).
APPROVED AS TO FUNDS AND ACCOUNTS:
~7~~2
,~
James G. 'Ro ancisco Gutierrez y-Z~,-
Executive Director ~~~ Executive Director
Public Works Agency Finance & Mgmt. Services Agency
25C-2
MATCHLINE
SEE BOTTOM RIGHT
RAYMAR
LEGEND
SUBJECT PROPERTIES
ACQUIRED PROPERTIES
WALNUT ST.
AVENUE
MCFADDEN AVENUE
PINE ST.
MYRTLE STREET
WILLITS C ~ BISHOP
MATCHLINE
SEE ABOVE LEFT
RXI-IIRIT 1
SANTA ANA CITY couNCt~ ~~E: PURCHASE AGREEMENTS FOR
P W A AGENDA DATE BRISTOL STREET CORRIDOR
APRIL 2, 200 (PROJECT 06-1500)
PIIBt.It NOPotS FGENCY
i
X11
TOLLIVER
25C-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
PURCHASE AND RELOCATION
AGREEMENTS FOR 420 S. BRISTOL-
BRISTOL STREET CORRIDOR
(PROJECT 06-1500)
~/
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute:
1. An acquisition agreement with Cilliani Trust to acquire a
portion of the property located at 420 S. Bristol Street
for $347,500.
2. A relocation agreement with Popular Medical Clinic and
Popular Pharmacy for $214,000.
3. A loss of goodwill agreement with Popular Medical Clinic
for $75,000.
DISCUSSION
On March 6, 2006 the City Council approved the cooperative agreement
between the City and the Orange County Transportation Authority to
fund Bristol Street improvements from McFadden Avenue and Pine
Street.
Improvements include widening of the street from four lanes to six,
construction of landscaping in the parkways and the median islands,
traffic improvements, drainage structures, sound walls, and other
amenities as outlines in the Specific Plan.
To accommodate the widening, it is necessary to acquire a portion of
the Cilliani property, located at 420 S. Bristol Street, including
the building occupied by Popular Medical Clinic and Popular Pharmacy
(Exhibit 1). Public Works has been negotiating with the medical
clinic and the pharmacy for the past several months. Both the
property owner and the tenant expressed desire to rebuild a new
25D-1
Agreement for Cilliani Trust
April 2, 2007
Page 2
clinic at their present location to accommodate the doctor offices
and pharmacy.
To accomplish this, City will acquire a portion of their property at
420 S. Bristol and transfer the remnant parcels at 410 & 414 S.
Bristol to the Cilliani Trust for their future development (Exhibit
2) As a result, the clinic and pharmacy will continue in operation
until their new facility is completed, and the City's costs are
reduced by approximately 40 percent due to savings in the cost of the
acquisition and loss of goodwill.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
proposed project has been determined to be adequately evaluated in
the previously prepared Environmental Impact Report/Environmental
Impact Assessment EIR No. 89-01 approved by City Council in 1990.
Purchase Agreements
FISCAL IMPACT
Funds are appropriated in the Select Street Construction Fund
(account no. 59-553-6611).
APPROVED AS TO FUNDS AND ACCOUNTS:
., ~~~~ i~~' ~ -~ ~` ~
James G. Ross ~ F ncisco Gutierrez ~,'"~
Executive Director Executive Director
Public Works Agency Finance & Mgmt. Services Agency
25D-2
MATCHLINE
SEE BOTTOM RIGHT
RAYMAR
LEGEND
SUBJECT PROPERTIES
ACQUIRED PROPERTIES
WALNUT ST.
J AVENUE
MCFADDEN AVENUE
PINE ST.
WILLITS C ~ BISHOP
EXHIBIT 1
MATCHLINE
SEE ABOVE LEFT
SANTA ANA TTTLE~ PURCHASE AND RELOCATION
C~ C~~
P W A AGENDA DATE AGREEMENTS FOR 420 S. BRISTOL ST.-
APRIL 2, 2007 BRISTOL STREET CORRIDOR
~`" "°~`S "'~"" „ j,P.$0,1ECT 06-1500)
i
,~ ~1~
TOLLIVER
LEGEND
® SUBJECT PROPERTIES
0 FUTURE MEDICAL CLINIC
DEVELOPMENT
_J
318
W
W
o~
J
O
H
00
UT STREET
i
402
406
-- ~ -.--.--:-,J
407
Transferred
Properties
Partial
Acquisition
MYRTLE STREET
430
434
FXHIRIT 7
sa"ra a"a TITLE: PURCHASE AND RELOCATION
cmr couNC~.
P W A AGENDA DATE AGREEMENTS FOR 420 S. BRISTOL ST.-
APRIL 2, 2007 BRISTOL STREET CORRIDOR
PIBLIC NOPoIS AfFNLY _ ~P~iO~ECT 06-1500)
~1~~
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
AGREEMENT WITH DIGITAL MAP
PRODUCTS
._
•"
~~.
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute a five-year agreement with Digital
Map Products to provide and maintain landbase data and digital
orthophotography to the City in an amount not to exceed $451,000.
DISCUSSION
The City uses a Geographical Information System (GIS), a computerized
database management system for storage, management, analysis and display
of geographic data. To utilize the GIS system effectively, landbase data
such as right-of-way, streets, center lines, street names and parcel data
must be present on the system and continuously updated.
A number of outside entities, including the Gas Company, the County of
Orange, First American Real Estate Solutions (formerly TRW), and Thomas
Bros. Maps perform this function and have developed landbase data that
includes the geographical area of Santa Ana. Each of these companies has
a contractual arrangement with Digital Map Products (DMP) who, in turn is
offering the City an agreement that allows the use of this data for a
five year term.
To enhance the system, the City purchases digital orthophotography (a
photograph of the city from the air), which is a computerized image of
the City used for viewing and producing various maps. These digital
images, along with many layers of data and maps of the city are available
to all City users on the City's Intranet.
25E-1
Agreement With Digital Map
Products
April 2, 2007
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds in the amount of $93,445 are budgeted in the Public Works
Administration account for contractual services (account no. 101-601-
6291) for the current year of the agreement. Funds for the future years
will be budgeted and approved as part of the City's annual budget
process.
APPROVED AS TO FUNDS AND ACCOUNTS:
James G. Ross ~ ~'ancisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
25E-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
AGREEMENT WITH INTERGRAPH FOR
COMPUTER SOFTWARE MAINTENANCE
..,
~~- ,
~~ f ~/ ~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 ~` Reading
^ Ordinance on 2"' Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute an agreement with Intergraph Inc. for computer
software and hardware maintenance for the Public Works Agency in amounts not-
to-exceed $45,000 for software maintenance. The term of the agreement shall
be for one year with an option to renew for one additional year.
T) T SCTTRG TnN
The Public Works Agency uses Intergraph software for design of the City's
infrastructure and for the Geographic Information System. The City has
annual agreements with Intergraph to provide software maintenance and
updates.
The current agreement with Intergraph will expire in May. Anew agreement
for one year is proposed, with an option to renew for one additional year
upon approval of the Executive Director of the Public Works Agency, an in
amount not to exceed $45,000 each year.
FISCAL IMPACT
Funds for the agreement are budgeted in current budget in the Public Works
Administration activity for maintenance and repair to machinery and equipment
(account no. 101-601-6281). Funds .for the second year of the agreement will
be included and approved as part of the 07-08 budget process.
~``~
James G. Ross
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
~xecutive Director (.~"~
Finance & Management Services Agency
25F-1
25F-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
MEMORANDUM OF UNDERSTANDING WITH
THE ORANGE COUNTY WORKFORCE
INVESTMENT BOARD, SENIOR COMMUNITY
SERVICE EMPLOYMENT PROGRAM
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve entering into a Memorandum of Understanding with the Orange
County Workforce Investment Board, Senior Community Service Employment
Program.
WORKFORCE INVESMENT BOARD ACTION
At its Regular Meeting on March 9, 2007, the Workforce Investment Board
recommended that the City Council approve entering into a Memorandum of
Understanding with the Orange County Workforce Investment Board, Senior
Community Service Employment Program, by a vote of 16:0 (Dietz, Figueroa,
Jimenez-Hami, Kanda, Lacroix, Lewis, Lin, Metzler, Oakes, Ray, Whipple
absent).
DISCUSSION
The Workforce Investment Act (WIA), requires that the Santa Ana Workforce
Investment Board (WIB) establish a One-Stop delivery system which
provides workforce development services. The One Stop delivery system is
a network of WIA mandated and optional partners which are responsible for
providing training and employment opportunities for adults, dislocated
workers and local youth. The City of Santa Ana WORK Center currently
operates the One-Stop center for the WIB. The WIA specifies that the WIA
funded Adult and Dislocated Worker programs must be provided through the
One Stop delivery system, and that partners must participate in the
operation of the system and the delivery of these services.
Through Memorandums of Understanding (MOU), a collaboration by all of the
One-Stop partners is created for a seamless system of service delivery.
The MOU must contain the provisions required by WIA which includes the
services to be provided through the One-Stop delivery system; the funding
25G-1
MOU with 0. C. WIB, Senior
Community Service Employment Program
April 2, 2007
Page 2
of the services and operating costs of the system; and the methods for
referring individuals between the One-Stop operators and partners. The
MOU will be in effect for a period of two years and may be extended prior
to the expiration date pursuant to a written request from the One-Stop
partner.
FISCAL IMPACT
There is no fiscal impact associated with this action.
1~.~
Stephen G. Ha ding
Deputy City pager for Development Services
Community Development Agency
SGH/LS/FJ/mlr
H:\ACTIONS\2007 CC\MOU OCWIB SrComServEmployProg 4-2-07.doc
25G-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
AGREEMENT WITH DR. LORRIE BOLDRICK
TO PROVIDE VETERINARY SERVICES FOR
THE SANTA ANA ZOO AT PRENTICE PARK
~~ ~ t~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15~ Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
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
$68,000.
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. Boldrick will provide a
comprehensive program of preventative and curative medical care for the
entire Zoo collection, including the exotic animals. Dr. Boldrick will
visit Zoo facilities a minimum of 12 hours per week to examine the
animals' health and sanitation, and assist with maintaining complete
medical history records for each animal in the animal collection.
FISCAL IMPACT
Funds are available in the Santa Ana Zoo at Prentice Park, Other
Contractual Services expenditure account (account no. 11-247-6291).
4~~~~~.
Gerardo Moue,
Executive D~_'ilrector
Parks, Recreation and
Community Services Agency
Approved as to Funds and Account:
Francisco Gutierrez,
Executive Director
Finance and Management Services
Agency
25H-1
25H-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
ORDINANCE AMENDING THE
MUNICIPAL CODE ARTICLE VII
PURCHASING RULES AND
REGULA'x'I ONS
~~.~
C CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt an ordinance amending Article VII of the Santa Ana Municipal Code
Purchasing Rules and Regulations.
DISCUSSION
On May 2, 2005, the City Council created an Ad Hoc Committee to review the
City's Charter. The Committee made several recommendations for changes to
various sections in the Charter, including the dollar threshold at which
the City Manager is authorized to bind the City by contract. On September
19, 2005, the City Council created the Charter Amendment Citizens' Task
Force. and directed members to review and comment on the Ad Hoc Committee's
recommended amendments. The Task Force provided several recommendations
related to the proposed changes, including the adoption of ordinances to
amend relevant sections in the Municipal Code. These recommendations were
subsequently approved by the City Council and submitted to the voters at a
special election that was consolidated with the General Municipal Election
held on November 7, 2006.
Upon adoption of the Charter amendments, staff reviewed ordinances impacted
by the Charter changes. The recommended action provides Article VII
(Purchasing Rules and Regulations) with revisions modifying the rules and
procedures for the competitive bidding for purchase of, or contracts for
materials, supplies, labor, equipment or services. The recommended
amendments will consistently apply the increased level of administrative
authority, and implement the new reporting requirement for contracts
approved administratively. Additionally, the recommended amendments will
further, in a proactive manner, the goal of maximizing value at a minimum
cost by streamlining lower-dollar purchases and allowing for the
utilization of modern technology, including the use of electronic documents
and the City's web site for e-Procurement.
50A-1
Ordinance Amending Municipal Code Article VIII
April 2, 2007
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
_ GG~~6C C~~~~ ,
Francisco Gutierrez
Executive Director
~~ Finance and Management Services Agency ~ ~
i
FG/SHenn/Ordinance04-02-2007:uc
50A-2
Qxs 03/20/07)
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE RELATING TO CONTRACTS
AND PURCHASING
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. On May 2, 2005, the City Council created an Ad Hoc Committee to
review the City's Charter and make recommendations for changes,
if needed.
B. On September 19, 2005, the City Council created the Charter
Amendment Citizens' Task Force and directed members to review
and comment on the Ad Hoc Committee's recommended changes.
C. One of the changes proposed by the Ad Hoc Committee, and
recommended by the Citizens' Task Force, was that the dollar
threshold at which the City Manager is authorized to bind the City
by contract be increased from $10,000 to $25,000.
D. The suggestions by the Task Force relating to the thresholds for
contracts were subsequently approved by the City Council and
thereafter submitted to the voters at a special election that was
consolidated with the General Municipal Election held on November
7, 2006.
E. The voters approved the proposed Charter changes found in
Charter Section 421 pertaining to purchasing and reporting. The
voters also approved the Charter amendments in Section 421 as
they pertain to the city manager authority to bind the city for
contracts up to $25,000 for materials, supplies, labor, equipment or
services.
F. The Charter amendments approved by the voters also called for the
City Council to adopt, through ordinance, rules and procedures for
the competitive bidding for purchase of, or contracts for materials,
supplies, labor, equipment or services with the ultimate goal of
Ordinance No. NS-XXX
50A-3 Page 1 of 10
obtaining the maximum quality of goods, services, or performance
at a minimum cost.
G. The amendments to Chapter 2, Article Vll, "Purchasing Rules and
Regulations," is consistent with the Charter Amendments approved
by the voters on November 6, 2006 and provide for consistent
application of the increased level of administrative authority as well
as implements the new reporting requirements for contracts
approved administratively.
H. The amendments to Chapter 2, Article Vll, "Purchasing Rules and
Regulations," also further in a proactive manner the goal of
maximizing value at a minimum cost by allowing the utilization of
modern technology should the City wish to take advantage of fast
changing technology. The ability to use electronic documents of all
types may allow purchasing to perform its procurement processes
electronically by allowing, for example, the interactive use of the
City's web site for e-Procurement. The Code does not attempt to
anticipate the specific technologies that may allow the procurement
process to be performed electronically, but provides the City with
the necessary flexibility to adopt regulations that do so.
Section 2. The adoption of this ordinance is exempt from CEQA and a
Notice of Exemption will be filed if this ordinance is adopted.
Section 3. Section 2-1 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 2-1. City manager's authority to approve change orders.
The city manager of the City of Santa Ana is hereby authorized to
bind the City of Santa Ana on change orders to city contracts for materials,
supplies, labor or equipment, or for public works construction as defined
in Santa Ana City Charter section 421 and 422, without previous city
council approval when such change order for any one (1) contract,
together with any previously approved change orders for said contract, do
not cumulatively amount to an increase of the city's expenditure obligation
under said contract of more than ten (10) per cent, or the amount of ~
twenty five thousand dollars ($a-9;999:AA $25,000.00), whichever is the
greater.
Section 4. Section 2-800 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Ordinance No. NS-XXX
Page 2 of 10
50A-4
Sec. 2-800. Purposes of purchasing system.
These purchasing rules and regulations are hereby adopted in order to:
(1) Establish efficient procedures for purchasing of materials, supplies, labor
and equipment;
(2) Secure maximum quality goods, services or performance at minimum cost
for the city;
(3) Exercise positive financial control over the city's purchases; a~
(4) Establish the necessary procedures for the selection of providers of all
ranges of goods and services so as to avoid favor or prejudice;.-
(5) To simplify, clarify, and modernize the law governing
procurement by the City;
(6) To provide for increased public confidence in the procedures
followed in public procurement;
(7) To ensure the fair and equitable treatment of all persons who
deal with the procurement system of the City;
(8) To foster effective broad-based competition within the free
enterprise system;
(9) To provide safeguards for the maintenance of a procurement
system of quality and integrity, and
(10) To obtain in a cost-effective and responsive manner the
materials, services, and construction required by City agencies
in order for those agencies to better serve the City's businesses
and residents.
Section 5. Section 2-802 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 2-802. Definitions.
For purposes of this article, the following definitions shall apply:
Ordinance No. NS-XXX
50A-5 Page 3 of 10
Agreement or contract shall mean a legal contract which complies fully
with the provisions of section 421 of the city's charter and this article. The words
agreement and contract may be used interchangeably in this article.
Electronic means electrical, digital, magnetic, optical,
electromagnetic, or any other similar technology.
Materials, supplies, labor and equipment shall mean those goods or
services, but excluding services and public works construction, that
are readily ascertainable and measurable by an objective standard in terms of
quantity or quality so as to be susceptible to competitive bidding.
Officers for purposes of these purchasing rules and regulations shall
mean the city manager, assistant city manager, the city attorney, the clerk of
the council and executive directors of various city agencies and departments.
Public Notice means the distribution or dissemination of information
to interested parties using methods that are reasonably available. Such
methods can include publication in newspapers of general circulation,
electronic or paper mailing lists, and web site(s) designated by the City of
Santa Ana and maintained for that purpose.
Purchasing manager shall mean that city employee or official so
designated by the city manager and authorized to carry out the responsibilities
under this article, including the promulgation and enforcement of administrative
procedures.
Purchase order (PO) shall mean that standardized contract developed
pursuant to subsection 2-803(j) issued to the vendor of materials, supplies, labor
and equipment.
Services means the furnishing of labor, time, or effort by a
contractor, not involving the delivery of a specific end product other than
reports which are merely incidental to the required performance. Services
are of an advisory nature, provide a recommended course of action or
personal expertise, have an end product comprised of a transmittal of
information, written or verbal, and that is related to the governmental
Ordinance No. NS-XXX
Page 4 of 10
50A-6
functions of administration, management, program management or
innovation. The product may include anything from answers to specific
questions to design of a system or plan, and includes provision of
workshops, seminars, retreats, and conferences for which expertise is
necessary. This term shall not include employment agreements or
collective bargaining agreements. This term shall not include contracts for
the construction, alteration, improvement, repair, or maintenance of real or
personal property.
Section 6. Section 2-803 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 2-803. Powers and duties of the purchasing manager.
The city manager is directed to establish and maintain a centralized
purchasing system, and in connection therewith, the city manager shall designate
a purchasing manager for the city whose duties shall include, but not be limited
to, the following:
(a) Act to procure for the city the needed quality in materials, supplies,
labor, and equipment, and services including professional services,
at the least expense to the city.
(b) Recommend execution of contracts.
(c) Endeavor to obtain as full and open competition as possible on all
purchases.
(d) Keep informed of current developments in the field of purchasing,
prices, market conditions and new products.
(e) Establish rules and procedures governing the purchase of
materials, supplies, labor, equipment and services including
professional services, for the city through the preparation and
adoption of an administrative code which shall provide for the
review of such alternative sources of supply or performance as may
be available in competition with one another and selection
therefrom on the basis of obtaining maximum quality at minimum
costs.
(f) Prescribe and maintain such forms as are reasonably necessary for
the operation of this article.
(g) Keep or cause to be kept an inventory of all municipal property in
his or her custody.
Ordinance No. NS-XXX
Page 5 of 10
50A-7
(h) ~~~°^ "°^~ ""°~ If required by Federal, State or other law, cause
notices inviting bids to be published.
(i) Endeavor to establish standards in the variety of articles, materials,
supplies, labor, and equipment, commonly used by the various
departments and agencies, as will make possible uniform
purchases, when consistent with efficiency.
(j) Prepare, with the approval of the city attorney as to form, a pre-
printed purchase order to be utilized in contracts for materials,
supplies, labor and equipment.
Section 7. Section 2-804 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 2-804.
.Reporting Requirements
The City Manager reporting requirements mandated by Section 421
of the City Charter shall only include contracts let that exceed $500.00, all
other contracts let by the City Manager under $500.00 shall be provided to
the City Council if requested by a councilmember.
Section 8. Section 2-805 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 2-805. Procurement of materials, supplies, labor, and equipment
between five hundred dollars ($500.00) and twenty five thousand dollars
($a-0;999:99 $25,000.00).
(a) For those agreements exceeding $500.00 but not exceeding
$5000.00, the city manager or his or her designee may bind the city on
contracts for materials, supplies, labor, and equipment in amounts not
exceeding five thousand dollars ($5000.00) in any one contract or in the
aggregate with any one vendor or service provider. These contracts can be
Ordinance No. NS-XXX
Page 6 of 10
50A-8
entered into administratively without the need for informal or formal
bidding.
(b) Unless exempt from bidding pursuant section 2-807, all contracts
involving an expenditure between five #er~ed thousand dollars ($a9A:A9
$5,000.00) and tern twenty five thousand dollars ($a-~9A~AA$25,000.00) for
materials, supplies, labor, and equipment shall be let to the lowest responsible
bidder in accordance with procedures established by the purchasing manager.
Those procedures shall provide for at a minimum the following:
(1) (a~There shall be a written or verbal invitation for bid which shall
include the following information: A general description of the things to be purchased or
project, the time and place for bid opening when applicable, bid instructions, and the
terms and conditions of the bid and any resulting contract. The purchasing manager
shall make a good faith effort to notify all businesses engaged in providing such
materials, supplies, labor, and equipment located within the boundaries of the city of the
opportunity to bid.
(2) {Where required by state or federal law or regulations, or upon
request by a bidder, the bids shall be opened, if sealed, and declared in public at the
time and place stated on the "Invitation for Bid."
(3) {s3 If two (2) or more bids received are the same and the lowest, the
city may choose either one. The city shall reserve the right to reject any or all bids.
Section 9. Section 2-806 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 2-806. Procurement of materials, supplies, labor, and equipment in excess
of tea twenty five thousand dollars ($~O;AO~~A$25,000.00).
Unless exempt from bidding pursuant to section 2-807, all contracts involving an
expenditure in excess of #~ twenty five thousand dollars ($-49;A89:9A$25,000.00)
for materials, supplies, labor, and equipment shall be let to the lowest responsible bidder
in accordance with procedures established by the purchasing manager. Those
procedures shall provide for at least the following:
(a) Public ~lnotices inviting bids shall include a general description
of the things to be purchased and the time and place for bid opening. Adequate
public notice of the Invitation for Bids shall be given a reasonable time
prior to the date set forth therein for the opening of bids, in accordance
with regulations established by the purchasing manager. T~-e To the extent
that public notice eta is by way of publication in a newspaper of general
circulation, such publication shall be
for at least two (2) days, the first of which shall be at least
ten (10) days before the date set for opening bids.
Ordinance No. NS-XXX
Page 7 of 10
50A-9
(b) Invitation of bids shall be mailed or transmitted by other means
established by the administrative code but not recited over the telephone or in person.
Any interested bidder may obtain an invitation for bid.
(c) All bids shall be #er~at-b+d-s submitted sealed in accordance with the
instructions contained in the "Invitation for Bid" form.
(d) The bids shall be opened in public, at the time and place stated on
the "Invitation for Bid." All bids shall be publicly declared.
Section 10. Section 2-806.1 is added to Chapter 2 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 2-806. 1. Acquisition of goods and services by reverse auctions;
Posting on Internet; Registration and requirements; Inapplicability to
construction contracts
(a) Notwithstanding the bidding provisions of this chapter,
reverse auctions may be utilized for the acquisition of goods
and services. The reverse auction process shall include a
specification of an opening date and time when real-time
electronic bids may be accepted, and provide that the
procedure shall remain open until the designated closing date
and time.
(b) All bids on reverse auctions shall be posted electronically on
the Internet, updated on a real-time basis, and shall allow
registered bidders to lower the price of their bid below the
lowest bid posted on the Internet.
(c) The purchasing manager shall require vendors to register
before the reverse auction opening date and time, and as part
of the registration, agree to any terms and conditions and
other requirements of the solicitation. The purchasing
manager may require vendors to be prequalified prior to
placing bids in a reverse auction.
(d) For purposes of this section, "reverse auction" means a
competitive online solicitation process for fungible goods or
services in which vendors compete against each other online
in real time in an open and interactive environment.
(e) The reverse auction process may not be used for bidding on
any construction contract that is subject to Section 421 of the
City Charter.
Ordinance No. NS-XXX
Page 8 of 10
50A-10
Section 11. Section 2-807 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 2-807. Non-bid purchases.
The following contracts may be exempted from competitive bidding through an
open market purchase by the purchasing manager, and confirmed by the city council in
the case of contracts for over #~ twenty five thousand dollars
(~1-0;989:99$25,000.00), but shall nevertheless be entered into only after compliance
with the rules established by the purchasing manager, which shall include the review of
such alternative sources of supply or performance as may be available in competition
with one another and selection therefrom on the basis of obtaining maximum quality at
minimum costs:
(a) Purchases of materials, supplies, labor, and equipment whenever it
shall appear that there is only one reasonably available source or where solicitation of
bids would for any reason be an idle act.
(b) Purchases of materials, supplies, labor, and equipment necessary for
the preservation of life, health or property, following the declaration of a state of
emergency in the city upon the affirmative vote of at least two-thirds (2/3) of the
members of the city council.
(c) Situations where no bids are received or all bids are rejected and the
city council determines, upon the affirmative vote of at least two-thirds (2/3) of its
members, that the materials, supplies, labor or equipment can be obtained at a lower
cost.
(d) Purchases from vendors whose names are on current established
lists and have been awarded the same type of purchase contract by a federal agency
(including the General Services Administration), astate agency, county, city or other
public agency after a competitive bidding process determined by the purchasing
manager to be substantially equivalent to that prescribed by this article.
(e) Contracts for ~~3fes~isnat services.
Section 12. 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 any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
Ordinance No. NS-XXX
Page 9 of 10
508-11
ADOPTED this day of
.2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
(name)
City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN
NOT PRESENT
Councilmembers
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-XXX to be the original ordinance adopted by the
City Council of the City of Santa Ana on ,and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 10 of 10
50A-12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
RESOLUTION AUTHORIZING
SUBMISSION OF APPLICATIONS TO
THE STATE OF CALIFORNIA LAND
AND WATER CONSERVATION FUND
GRANT PROGRAM
«--
(~.. ~
CI MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
As Recommended
As Amended
Ordinance on 151 Reading
Ordinance on 2"d Reading
Implementing Resolution
Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Adopt a resolution authorizing the submittal of a grant application in
the amount of $150,000 to the Land and Water Conservation Fund Program
for the Santa Anita Picnic Area Development Project in Santa Anita Park.
2. Adopt a resolution authorizing the submittal of a grant application in
the amount of $150,000 to the Land and Water Conservation Fund Program
for the Santiago Park Picnic Area Development Project in Santiago Park.
DISCUSSION
The State of California Department of Parks and Recreation is accepting
grant applications for the Land and Water Conservation Fund Program (LWCF).
The LwcF Program was established through federal legislation in 1965 and
has been instrumental in the development of parks throughout the United
States. To date, the amount of the State's apportionment for this year is
still unknown. Of the State annual allotment for this program, 60 percent
of funds are reserved for local agencies. Sixty percent of these funds are
awarded to Southern California projects and the remaining 40 percent is
reserved for Northern California projects. The LWCF Grant Fund requires a
50 percent match of non-federal money, with an exception made for Community
Development Block Grant funds. Applications are due on May 1, 2007.
The Santa Anita Park Picnic Area Development Project consists of the
grading of sloped areas, removal of concrete pavers, installation of
walkways and ramps, concrete pads and picnic pods, irrigation, turf, trees
and lighting around the play equipment located at the site. As a complement
to the proposed project, the edging surrounding the play equipment will be
replaced and rubberized surfacing will be installed around the play
equipment, replacing the sand and wood chips that are currently used in
those areas, thus providing a complete rehabilitation of the area.
55A-1
Land and Water Conservation Resolutions
April 2, 2007
Page 2
The Santiago Park Picnic Area Development Project scope includes the
installation of landscaping, irrigation, native plantings, decomposed
granite walkways, four picnic tables and benches, trash receptacles, and a
drinking fountain.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Gerardo Mouet
Executive Direct
Parks, Recreation and
Community Services Agency
55A-2
Resolution No. 2007-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING
THE APPLICATION FOR LAND AND WATER
CONSERVATION FUNDS TO DEVELOP
THE PICNIC AREA AT SANTA ANITA PARK
0314071ss
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 Congress, under Public Law 88-578, has authorized the establishment of
a federal Land and Water Conservation Fund Grant-In-Aid program, providing Matching
funds to the State of California and its political subdivisions for acquiring lands and
developing facilities for public outdoor recreation purposes; and
B. The California Department of Parks and Recreation is responsible for
administration of the program in the State, setting up necessary rules and procedures
governing Applications by local agencies under the program; and
C. Said adopted procedures established by the State Department of Parks
and Recreation require the City of Santa Ana to certify by resolution the approval of
application(s) and the availability of eligible matching funds prior to submission of said
application(s) to the State; and
D. The development of the picnic area at Santa Anita Park (Project) is
consistent with the Statewide Comprehensive Recreation Resources Plan California
Outdoor Recreation Plan - 2002; and
E. The Project is compatible with the land use plans of those jurisdictions
immediately surrounding the Project.
Section 2. The City Council approves the submittal of an application for
$150,000 in Land and Water Conservation Fund assistance to develop the picnic area
at Santa Anita Park; and
Section 3. The City Council certifies that the City has matching funds from the
Park Acquisition and Development Fund and can finance 100 percent of the Project,
half of which will be reimbursed; and
Resolution No. 2005-
Page 1 of 3
55A-3
Section 4. The City Council certifies that the Project is compatible with the
land use plans of those jurisdictions immediately surrounding the Project; and
Section 5. The City Council appoints the City Manager, or the Executive
Director of the Parks, Recreation and Community Services Agency or his designee, as
agent for the City of Santa Ana to conduct all negotiations, execute and submit all
documents, including but not limited to applications, agreements, amendments,
payment requests and compliance with all applicable current state and federal laws
which may be necessary for the completion of the aforementioned project.
ADOPTED this day of
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN Councilmembers
NOT PRESENT Councilmembers
2007.
Resolution No. 2005-
Page 2 of 3
55A-4
CERTIFICATE OF ATTESTATION & ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2007 - to be the original resolution adopted by the City
Council of the City of Santa Ana on .
Date:
Clerk of the Council, City of Santa Ana
Resolution No. 2005-
Page 3 of 3
55A-5
Resolution No. 2007-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING
THE APPLICATION FOR LAND AND WATER
CONSERVATION FUNDS TO DEVELOP
THE PICNIC AREA AT SANTIAGO PARK
0314071ss
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 Congress, under Public Law 88-578, has authorized the establishment of
a federal Land and Water Conservation Fund Grant-In-Aid program, providing Matching
funds to the State of California and its political subdivisions for acquiring lands and
developing facilities for public outdoor recreation purposes; and
B. The California Department of Parks and Recreation is responsible for
administration of the program in the State, setting up necessary rules and procedures
governing Applications by local agencies under the program; and
C. Said adopted procedures established by the State Department of Parks
and Recreation require the City of Santa Ana to certify by resolution the approval of
application(s) and the availability of eligible matching funds prior to submission of said
application(s) to the State; and
D. The development of the picnic area at Santa Anita Park (Project) is
consistent with the Statewide Comprehensive Recreation Resources Plan California
Outdoor Recreation Plan - 2002; and
E. The Project is compatible with the land use plans of those jurisdictions
immediately surrounding the Project.
Section 2. The City Council approves the submittal of an application for
$150,000 in Land and Water Conservation Fund assistance to develop the picnic area
at Santiago Park; and
Section 3. The City Council certifies that the City has matching funds from the
Park Acquisition and Development Fund and can finance 100 percent of the Project,
half of which will be reimbursed; and
Resolution NO. 2005-
Page 1 of 3
55A-6
Section 4. The City Council certifies that the Project is compatible with the
land use plans of those jurisdictions immediately surrounding the Project; and
Section 5. The City Council appoints the City Manager, or the Executive
Director of the Parks, Recreation and Community Services Agency or his designee, as
agent for the City of Santa Ana to conduct all negotiations, execute and submit all
documents, including but not limited to applications, agreements, amendments,
payment requests and compliance with all applicable current state and federal laws
which may be necessary for the completion of the aforementioned project.
ADOPTED this day of
2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES:
NOES
Councilmembers
Councilmembers
ABSTAIN Councilmembers
NOT PRESENT Councilmembers
Resolution No. 2005-
Page 2 of 3
55A-7
CERTIFICATE OF ATTESTATION & ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2007 - to be the original resolution adopted by the City
Council of the City of Santa Ana on .
Date:
Clerk of the Council, City of Santa Ana
Resolution No. 2005-
Page 3 of 3
55A-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 2, 2007
TITLE:
CALHOME PROGRAM APPLICATION
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1St Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Adopt a resolution approving submission of an application to the
California Department of Housing and Community Development for
$600,000 under the CalHome Program.
2. Authorize the Deputy City Manager for Development Services to
execute the application and all documents relating thereto.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
At its Regular Meeting of March 20, 2007, by a vote of 5:0 (Pedroza
absent), the Community Redevelopment and Housing Commission recommended
that the City Council:
1. Adopt a resolution approving submission of an application to the
California Department of Housing and Community Development for
$600,000 under the CalHome Program.
2. Authorize the Deputy City Manager for Development Services to
execute the application and all documents relating thereto.
DISCUSSION
The California Department of Housing and Community Development recently
announced the availability of $50 million through the CalHome Program.
The CalHome Program is a multi-faceted homeownership and rehabilitation
program created by the State of California that utilizes monies made
available by the passage of Proposition 1C, the Housing and Emergency
Shelter Trust Fund Act of 2006. These funds are available to local
public agencies or nonprofit corporations for a variety of programs that
benefit low- and very low-income households.
55B-1
CalHome Program Application
April 2, 2007
Page 2
Under the proposed application, the City of Santa Ana is requesting the
maximum grant amount of $600,000 to provide additional funds for the
City's existing CalHome Rehabilitation and Mobile Home Replacement
Housing Program. If awarded, the grant will be used to fund
rehabilitation loans to income-qualified owners of single-family homes
and mobile homes located in the City of Santa Ana. The funds will be
used to correct unsafe, unhealthy or unsanitary conditions in both
single-family homes and mobile homes. The grant would also be used to
fund the Replacement Manufactured Housing component of the City's
existing program.
FISCAL IMPACT
By submitting this application, the City of Santa Ana will be eligible to
receive up to $600,000 in grant funds from the California Department of
Housing and Community Development (account no. 143-O1-5363).
Stephen G. Ha ding
Deputy City anager for Development Services
Community Development Agency
SGH/SLB/TG/mlr
H:\ACTIONS\2007 CC\CalHOmeProgApplication 4-2-07.doc
55B-2
3/15/07 les
RESOLUTION NO. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM;
THE EXECUTION OF A STANDARD AGREEMENT AND ANY
AMENDMENTS THERETO, IF SELECTED FOR SUCH FUNDING; AND
ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE
CALHOME 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 City of Santa Ana, a political subdivision of the State of California,
wishes to apply for and receive an allocation of funds through the
CalHome Program.
B. The California Department of Housing and Community Development
(hereinafter referred to as "HCD") has announced the availability of
$50 million through the CalHome Program. The CalHome Program is
amulti-faceted homeownership and rehabilitation program created by
the State of California that utilized monies made available by the
passage of Proposition 1 C, the Housing and Emergency Shelter Trust
Fund Act of 2006. These funds are available to local public agencies
or nonprofit corporations for a variety of programs that benefit low and
very low-income households.
C. The City of Santa Ana wishes to submit an application to obtain from
HCD an allocation of CalHome funds in the amount of $600,000.00.
D. Under the proposed application, the City is requesting the maximum
amount of $600,000 to provide additional funds for the City's existing
CalHome Rehabilitation and Mobile Home Replacement Housing
Program.
Section 2. The City of Santa Ana shall submit to HCD an application to
participate in the CalHome Program which will request a funding allocation for
rehabilitation loans to qualified owners of single family homes and mobile homes
located in the City of Santa Ana. Loan funds will be used to correct unsafe,
unhealthy or unsanitary conditions in both single-family homes and mobile
homes. The grant would also be used to fund the Replacement Manufactured
Housing component of the City's existing program.
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Section 3. If the application for funding is approved, the City of Santa Ana
hereby agrees to use the CalHome funds for eligible activities in the manner
presented in the application as approved by HCD and in accordance with
program guidelines cited above. It also may execute any and all other
instruments necessary or required by HCD for participation in the CalHome
Program.
Section 4. The City of Santa Ana authorizes the Deputy City Manager for
Development Services to execute in the name of the City of Santa Ana, the
application, the Standard Agreement, and all other documents required by HCD
for participation in the CalHome Program, and any amendments thereto.
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ADOPTED this day of , 2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Lisa E. Storck
Assistant City Attorney
AYES:
NOES:
Councilmembers:
Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the
attached Resolution No. 2007- to be the original resolution adopted by
the City Council of the City of Santa Ana on
Date:
Clerk of Council
City of Santa
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