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HomeMy WebLinkAbout FULL PACKET_2007-07-16Jfgr 06125107 ORDINANCE NS-xxxx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE RELATING TO BARKING DOGS, CARE AND MAINTENANCE OF ANIMALS, AND CURBING OF DOGS 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. It is essential that pet owners provide proper care for their dogs, unfortunately, not all dogs receive humane treatment. Many are kept outside all the time without proper shelter from the elements, without food or water; some are tied or chained to a fence or stake, often all day for their entire life. This ordinance provides minimal requirements for dog owners. B. Since 2001, Animal Services has responded to 984 noisy animal complaints, of these complaints only three were submitted to the City Attorney's office for the filing of a criminal complaint. The current criminal process was found to be prohibitory and burdensome in many cases. In response to citizen complaints, this administrative process is adopted. C. The American Society for the Prevention of Cruelty to Animals has found that dog curbing laws are essential for both the health and beautification of the community. Canine diseases and parasites are often shed in feces, which puts other dogs and children at risk. D. The staff reports and oral testimony before the Public Safety Committee on March 27, 2007, and April 24, 2007, shall by this reference be incorporated herein and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute necessary findings for this ordinance. E. The Request for Council Action for this ordinance dated June 18, 2007, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. Ordinance No. NS-xxxx Page 1 of 8 11 A-1 G. Based on this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to protect the public safety and welfare of the residents of the City of Santa Ana associated with animals. H. The police power regulations, such as those employed in this ordinance are legitimate, reasonable means of accountability to help protect the public safety and welfare of the residents of the City of Santa Ana. In accordance with the California Environmental Quality Act, a general rule exemption has been adopted for this ordinance. Section 2. Section 5-1 is hereby amended to read as follows Section 5-1. Definitions. Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. (a) Anima/ includes, but not limited to, birds, cats, dogs, fishes, fowl, rabbits, reptiles and nonhuman mammals. (b) Bird includes, but is not limited to, budgies, canaries, cardinals, cockatiels, cockatoos, doves, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots, pigeons, sparrows, toucans and weavers. (c) Commercial kennels means any lot, building, structure, or premises where more than three (3) dogs over the age of four (4) months are kept or maintained for any purpose, including but not limited to boarding, training, or breeding, exclusive of dental, medical, or surgical care, or for quarantine purposes. (d) Domesticated anima/ means any dog, housecat (fells catus), livestock, rabbit, poultry or bird. (e) Dog includes any male, female, or neuter domesticated member of the species Canis familiaris, but excludes other members of the family canidae. (f) Estray means any animal found running at large upon any land within the city. (g) Fow/means any larger domestic bird generally used for food and includes, but is not limited to, the chicken, duck, goose and turkey. (h) Livestock means animals kept for use on a farm and includes, but is not limited to, any swine, sheep, goat, horse, cattle, equine or bovine animal. (i) Owner means any person having title to any animal, or a person who has, harbors, or keeps, or who causes or permits to be harbored or Ordinance No. NS-xxxx Page 2 of 8 11 A-2 Jf/Ir 06/25/07 kept, an animal in his care, or who permits an animal to remain on or about his premises for thirty (30) consecutive days. (j) Premises means a parcel of land. (k) Quarantine means the isolation of any animal within a substantial enclosure to avoid its contact with other animals or unauthorized persons. (I) Running at large means free of restraint beyond the boundaries of the premises of the owner or custodian. (m)Vaccination means a protective inoculation against rabies with an anti- rabies vaccine recognized and approved by the Orange County Health Department. (n) Vicious animal means any animal which has bitten or broken the skin of, or in any manner attacked or attempted to attack any person or any animal within the City of Santa Ana. (o) Wild animal means any animal which is either: (1) Not a domesticated animal, or (2) A vicious animal over which the owner has evidenced a failure to maintain control. (p) Exotic animal means nonhuman primates and prosimians (such as chimpanzees, monkeys); felids, except domesticated cats; ursids (bears); elephants; crocodilians (such as alligators and crocodiles); ungulates (such as hippopotamus, rhinoceros, giraffes, zebra); and camels. These terms shall apply whether the animal is bred in the wild or captivity. It is not the intent of this definition to include domesticated species such as horses, cows, sheep, or llamas among the animals listed above. (q) Barking dog means a dog that barks, bays, cries, howls, or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for 30 minutes or more in any 24- hourperiod, or intermittent barking for 60 minutes or more during any 24-hour period. A dog shall not be deemed a "barking dog" for purposes of this Chapter if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when a dog is teased or provoked. (r) Responsib/e Person as defined in Section 1-21.1(a)(1)-(5) of this Code. (s) Enforcement Officer as defined in Section 1-21.1 (b) of this Code. Section 3. Section 5-50 is hereby amended to read as follows Section 5-50. Limitation of number of dogs. (a) No person or persons shall keep, harbor or maintain upon any one premises within the city more than three (3) dogs unless the person or Ordinance No. NS-xxxx Page 3 of 8 11 A-3 persons shall comply with the commercial kennel requirements of this chapter. (b) There shall be no exceptions to this section. Section 4. Sections 5-74 and 5-75 are added to Chapter 5 of the Santa Ana Municipal Code to read in full as follows: Section 5-74. Public Nuisance-Barking Dog The City Council of the City of Santa Ana hereby decrees that maintaining, keeping, and/or permitting a barking dog on any premises in the City of Santa Ana constitutes a public nuisance. Every day the barking dog violation exists shall be regarded as a new and separate offense. Section 5-75. Enforcement-Barking Dog (a) Any enforcement officer has the authority to issue an administrative citation pursuant to the procedures set forth in sections 1-21.1-21.9 of this Code to any responsible person for a barking dog violation that the Enforcement Officer did not see or hear based upon a complaint, signed under penalty of perjury, lodged by a member of the community who has been disturbed by the barking dog. All barking dog complaints shall be lodged with the Santa Ana Police Department. (b) Prior to issuing the administrative citation to the responsible person, the enforcement officer shall send a warning notice via first class mail or shall personally serve upon the responsible person a warning notice giving the responsible person ten (10) days from the date of mailing or date of personal service in which to abate the public nuisance caused by the barking dog. (c) The administrative citation shall contain the information set forth in section 1-21.5 of this Code. (d) The responsible person shall have the right to appeal the administrative citation as set forth in Section 1-21.8 of this Code. (e) The procedures established in this section may be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the municipal code. Section 5. Section 5-76 is added to Chapter 5 of the Santa Ana Municipal Code to read in full as follows: Section 5-76. Care and maintenance of dogs. (a) Shelter Requirements. It shall be unlawful for any person to keep, house, or maintain any dog outdoors on any premises within the City of Santa Ana unless the dog has access at all times to an Ordinance No. NS-xxxx Page 4 of 8 11 A-4 JfAr 06/25/07 enclosed building or a shelter which meets all of the following requirements: (1) It is weatherproof meaning that it keeps the dog dry when it rains and provides sufficient protection from the sun so that the dog will not overheat; (2) It has a floor that is level and dry; (3) It is composed of material that will not result in injury to the dog; (4) It is maintained in a condition that will not result in injury to the dog; (5) It contains bedding material which is kept clean and dry; (6) It allows the dog easy access in and out; (7) It is cleaned and maintained in a manner designed to insure sanitary conditions, including but not limited to, removal of excrement, removal of urine, and treatment of area for flies, fleas, ticks, and parasites as necessary. (b) Water Requirements. It shall be unlawful for any person to keep, house, or maintain any dog on any premises within the City of Santa Ana unless the dog has access at all times to clean and fresh drinking water. (1) If the water is in a container, this container shall be designed, secured, placed and maintained in a manner that prevents tipping and spilling of the water. (2) Water containers shall be kept clean and sanitary, out of the sun, and shall be emptied and refilled regularly with fresh water. (c) Feeding Requirements. It shall be unlawful for any person to keep, house, or maintain any dog on any premises within the City of Santa Ana without providing food daily to maintain proper body weight and good general health. The food shall be: (1) Free from contamination. (2) Wholesome, palatable, and of sufficient quality, quantity, and nutritive value to meet the normal daily requirements for the age, size, and breed of the dog. (3) Easily accessible to the dog; (4) Maintained in a sanitary condition; (d) Tethering Requirements. It shall be unlawful for any person to tether, fasten, chain, tie, restrain or cause a dog to be fastened, chained, tied or restrained to a house, tree, garage, stake, fence, or other object except in circumstances where all of the following requirements are met: (1) The tethering, fastening, chaining, tying, and restraining is not accomplished by means of using a choke type of collar; (2) The tethering, fastening, chaining, tying or restraining does not last longer than is reasonably necessary for the person to complete a temporary task; Ordinance No. NS-xxxx Page 5 of 8 11 A-5 (3) The length of the tether or implement used to restrain the dog is not less than three (3) times the length of the dog's body measured from the tip of the dog's nose to the end of the dog's tail; (4) The tether or implement used to restrain the dog is free from entanglement; (5) The dog has access to water, food, and shelter as described in this section; (6) The dog is monitored periodically. (e) Exceptions. These provisions of this section shall not apply to the following: (1) Government agencies; (2) Non-profit animal rescue organizations exempt from taxation under Internal Revenue Code Section 501(c)(3); (3) Humane societies or societies for the prevention of cruelty to animals if incorporated under the provisions of the California Corporations Code Section 10400 and th N e onprofit Public Benefit Corporation Law in Part 2 of the Californi a Corporations Code, beginning at Section 5110; or (4) Permitted dog or cat shows. Section 6. Section 5-77 is added to Chapter 5 of the Santa Ana Municipal Code to read in full as follows: Section 5-77. Dogs to be curbed. It shall be unlawful for any person, whether willful or as a result of failure to exercise due care, having custody or control of any dog to permit that dog to defecate in a public area, any area open to the public, or any private property without the property owner's consent, without immediately removing the feces and disposing of it in a sanitary manner. Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held 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-xxxx Page 6 of 8 11 A-6 Jf/Ir 06/25/07 ADOPTED this _ day of July, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura A. Rossini Deputy City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-xxxx Page 7 of 8 11 A-7 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify that the attached Ordinance No. NS-xxxx to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2007 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Patricia E. Healy Clerk of Council City of Santa Ana Ordinance No. NS-xxxx Page 8 of 8 11 A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: ABANDONMENT NO. 07-O1-S: TO VACATE A PORTION OF TUSTIN AVENUE LOCATED SOUTH OF THE 17'"' STREET AND TUSTIN AVENUE INTERSECTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~aReading ^ Ordinance on 2 Reading ^ Implementing Resolution ^ Set Public Hearing For / ~, CONTINUED TO ~ 1'''~d FILE NUMBER CITY ANAGER RECOMMENDED ACTION Adopt a resolution vacating a portion of the east side of Tustin Avenue, between Tustin Centre and 17th Street. DISCUSSION On March 17, 2003, City Council approved Tentative Parcel Map 2002-164 for 1501 through 1551 North Tustin Avenue, and the map was recorded on May 30, 2003. With the recordation of the map, the City accepted an offer dedication for a future bus turnout just north of Tustin Centre (Exhibit 1). On June 15, 2006, however, the Orange County Transportation Authority (OCTA) staff gave written notice that the proposed location does not meet its current safety standards. City staff has determined that the existing bus stop at the northeast corner of 17th Street and Tustin Avenue is sufficient to satisfy the public demand in the vicinity of this location, and the removal of the bus stop at Tustin Centre would not reduce bus ridership. The applicant, The Muller Company, has requested that the City vacate this 600 square foot irregular shaped portion of excess right-of-way. The City will retain a portion of the dedicated area to be used for the future extension of the northbound right-turn lane at 17th Street and Tustin Avenue. In addition, the underlying land owner, Tustin Centre Tower LLC, will provide an irrevocable offer to dedicate a portion of the land north of the proposed vacated area for the future northbound right turn lane extension (Exhibit 2). The vacation will extinguish the City's street easement and the land will revert to the current owner, Tustin Centre Tower LLC. 12A-1 Abandonment No. 07-O1-S July 16, 2007 Page 2 This abandonment is being processed as a summary vacation, since the street right-of-way lies adjacent to a single property ownership and has not been utilized for street purposes for more than five consecutive years. All affected utility companies have been contacted and no objections to the vacation have been received. There are no existing overhead or underground utilities within the proposed vacated area. Therefore, a public utility easement is not needed in the proposed resolution. I3NVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2007- 104 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. .~ R~ James G. Ross Executive Director Public Works Agency 12A-2 KO 7/10/07 RESOLUTION NO. 2007- A RESOLUTION APPROVING THE SUMMARY VACATION OF 600 SQUARE FOOT IRREGULAR SHAPED PORTION OF EXCESS RIGHT-OF-WAY ON THE EAST SIDE OF TUSTIN AVENUE BETWEEN TUSTIN CENTRE AND 17T" STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds determines and declares as follows: A. The City of Santa Ana intends to vacate a 600 square foot irregular shaped portion of excess right-of-way on the east side of Tustin Avenue between Tustin Centre and 17th Street pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California. B. The vacation of Tustin Avenue is a summary vacation because the street lies within property under one ownership pursuant to the provisions of section 8334 of the Streets and Highway Code of the State of California. All property adjacent to said street is owned in fee by Muller Company. Also, the strip of Tustin Avenue to be vacated has not been utilized for over five years. C. The portion of the east side of Tustin Avenue to be vacated is not necessary for traffic and/or pedestrian circulation. D. There are no existing overhead or underground utilities within the proposed vacated area and it is unnecessary to reserve an easement for public service purposes or for future street or alley purposes. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2007-104 will be filed for this project. Section 2. The City Council of the City of Santa Ana hereby approves the summary vacation of the 600 square foot irregular shaped portion of excess right-of-way of Tustin Avenue, as more particularly described in Exhibit 1 hereto, which is incorporated herein by reference. Resolution No. 2007-XXX Page 1 of 2 12A-5 Section 3. Said street shall not be deemed vacated until this resolution is recorded. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2007. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 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 Ana Resolution No. 2007-XXX Page 2 of 2 12A-6 EXHIBIT "A" STREET VACATION ~- z -o SCALE: 1"=100' ~ TUSTIN AVENUE - - __ _ N~0'28'33'E 367.90___ 1~_..'. ` D A m '° m LL ~ r Q N f 500'13'S6'W 31.06' Pj 8q (-_ w L ~~ ~ L ~" L•t i~..'.w ~~7. ~ V 'L• ~ ~~ w m `m w L- L v L In \ \ ~i I I LLL t~ ~~ I. L^ m D ~ LL m r LL NL, p9w SP~~~E~P~(1 s~ PME ~L D (7 m r W N00'13'12'E Vv LZ N2100 ~ y5 S~ P~~N\GN.TIP AGO WILLIAM E. SNOW P.L.S. N0. 4725 REG. EXP: 09/30 PENCO ENGINEERING, INC. SKETCH TO ACCOMPANY Civil Engineering p~ i A LEGAL DESCRIPTION Planning POn' surveying ~.Caiforria42618 CITY OF ceae>>s3-em SANTA ANA SHEET10F2 ~,! ~~j~> 3~i ,`1 )1~~ ~7l w \\> ~'. ~ 3 EXPIRES "~ ~-C SEPT. 30, 2007 A E n No. 4725 0 9\CF CA~~F ~~ DRAWN BY: GFM CHECKE DATE__Og-2g_O6 JOB No. 1723.01 H N a E a 0 M 0 0 0 3 v 0 .o U J HI fn T i 0 i 0 0 N i m 0 i EXHIBIT "A" STREET VACATION SHEET20F2 -------_-r-- ~ C3 I I I a a 0 M O N O O N N W ~-- x -~ 7 LEGEND: ~~~~1r ~ i t t'111 STREET VACATION PENCO ENGINEERING, INC. Civil Engineering p~ T Planning g~~ yeC'Y ~` Surveying ~, ~~ q26~ (caa)~ss-em SKETCH TO ACCOMPANY A LEGAL DESCRIPTION CITY OF SANTA ANA DRAWN BY: GEM CHECKED BY: WES DATE• JOB N 12A-8 U 3 C O .o ~~ M N n 0 i °o i m 0 Page 1 of 2 PENCO ENGINEERING, INC. ONE TECHNOLOGY PARK-BUILDING J-725 IRVINE, CA 92618 January 26, 2007 EXHIBIT "A" JN: 1723.01 LEGAL DESCRIPTION FOR STREET VACATION FOR A PORTION OF TUSTIN AVENUE THAT CERTAIN AREA OF LAND KNOWN AS TUSTIN AVENUE, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS GRANTED TO THE COUNTY OF ORANGE BY PARCEL MAP 2002-164 RECORDED MAY 30, 2003 IN BOOK 331, PAGES 15 THROUGH 19 OF OFFICIAL RECORDS.IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID CERTAIN AREA DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF PARCEL 3 AS SHOWN ON SAID PARCEL MAP WITH THE EASTERLY LINE OF SAID TUSTIN AVENUE; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF TUSTIN AVENUE, SOUTH 00°28'33" WEST 3.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 7.90 FEET THROUGH A CENTRAL ANGLE OF 11°18'36"; THENCE SOUTH 10°50'03" EAST 21.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 10°50'03" EAST 29.75 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 11.84 FEET THROUGH A CENTRAL ANGLE OF 11°18'36"; THENCE SOUTH 00°28'33" WEST 39.38 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 12.36 FEET THROUGH A CENTRAL ANGLE OF 11 °48'18"; THENCE SOUTH 12°16'51" WEST 38.35 FEET TO THE BEGINIING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 20.60 FEET THROUGH A CENTRAL ANGLE OF 11°48'18"; THENCE NORTH 00°28'33" EAST 141.67 FEET TO THE TRUE POINT OF BEGINNING F: V 0B~2006\01723\Survey\LegalDescriptionsV.,EGAL-ST-V ACATION.doc 12A-9 Page 2 of 2 CONTAINING: 602 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION W~REPARED BY ME OR UNDER MY DIRECTION. WILLIAM E. SNOVy'~ DA E F P.L.S. NO. 4725 ,,VV((p0 REG. EXP: 09/30 7 F:UOB\2006\01723\Survey\LegalDescrip[ions\[,EGAL-S T-V ACATION.doc 12A-10 CITY COUNCIL COMMITTEE ON DEVELOPMENT Meeting Minutes May 17, 2007 CALL TO ORDER The meeting was called to order at 12:10 p.m. in Room 831 of City Hall. ATTENDANCE`- The following Committee members were present: Miguel Pulido, Carlos Bustamante and Vince Sarmiento. Staff present were: Cathy Standiford, Assistant City Manager; Steve Harding, Deputy City Manager for Development Services; Jay Trevino, Executive Director Planning and Building Agency; Joe Fletcher, City Attorney; Karen Haluza, Planning Manager; and Ben Kaufman, Chief Assistant City Attorney. AGENDA ITEMS 1. APPROVAL OF MINUTES -APRIL 5, 2007 SPECIAL MEETING A motion was made by Councilmember Bustamante and seconded by t Councilmember Sarmiento to approve the minutes and approved unanimously by a vote of 3:0. 2. YMCA -POTENTIAL REDEVELOPMENT Steve Harding reported that as a follow-up to the withdrawal of the Claremont Club proposal for the YMCA he had contacted nine law schools to assess their interest in the facility. Those schools that expressed interest were concerned about the cost to establish a satellite law school and for potential service overlap with the new law school currently being developed at UC Irvine. Councilmember Sarmiento discussed interest in other higher education facilities, such as Pepperdine University, to establish satellite facilities not specific to law education. Mayor Pulido recognized individuals from the audience to speak. Rosie Avila, Santa Ana School Board Member and founder of the Orange County Youth Commission, was recognized to speak. Ms. Avila requested that the YMCA building be used as a facility for the Youth Commission's headquarters. Ms. Avila explained that she believed that such a use would be in keeping with the building's original purpose as a place for youth mentoring and physical fitness. She stated that the area has a great need for such services and that they would expect funding for rehabilitation of the building to come from a fundraising campaign conducted by the Youth Commission. 13B-1 Councilmember Bustamante acknowledged the need for such facilities in the community, and expressed his desire to see what sort of proposals might be available from private developers also. David DiRienzo, developer with Urban West Strategies, presented his proposal to develop the YMCA building into a boutique hotel. Mr. DiRienzo described that his plan would retain the historic facade of the building while completely removing the interior and reconstructing it to include a 50 to 60 room all-suites hotel, commercial office, restaurant and roof terrace. He explained that by , removing and reconstructing the interior, the development costs of the project. would be substantially reduced and greater potential for more flexible use of the interior space created. He stated that he recognized the importance of retaining the historical facade. Mr. DiRienzo left a copy of his proposal, called Civic West with the Committee. He stated that he had favorable interest from a number of investment firms in his proposal Ben Grabiel, representing the Santa Ana Historic Preservation Society Board, stated that he would be submitting a proposal for an income-generating re-use of the property and that he would be contacting Steve Harding with further details. Councilmember Sarmiento stated that he was pleased that there was such varied interest in the property and that it would be important to keep an open mind about any proposals. , Mayor Pulido commented that, given the amount of time the building has been vacant; waiting a little longer is appropriate while we try to find the right use. He asked Ms. Avila to consider the Delhi Center as a potential location for the Youth Commission's programs also. The Committee and staff discussed the history of the City's involvement in the redevelopment of the property to date including such barriers as the cost to rehabilitate the building. Phil Brigandi, Yepresenting the Orange County Archivist, stated that his agency was interested in using the building for an Orange County museum and also to house the County Archives. Steve Harding stated that he would bring the previously established interest list back to the Committee for its feedback. 3. FACILITATING DEVELOPMENT OF SMALL LOTS Jay Trevino and Karen Haluza provided a presentation and analysis of barriers to development of small, vacant lots. She stated that it might be worthwhile to explore changes to the City's minimum lot size standards in certain zones and locations. Mayor Pulido expressed support for minimum lot size standards in single-family residential zones, but stated that he believed that the City's standards and necessary discretionary actions to vary from these standards make it too difficult to develop these lots. He stated that the presence of so many vacant lots act like "broken windows" in the City and detract from its overall appearance. He requested Development Council Committee Minutes May 17, 2007 13 B-2 that more vertical solutions for landscaping be explored in order to help reduce l required landscape setback areas. Councilmember Sarmiento stated that it would be helpful to have more flexible standards for small lot developments. Councilmember Bustamante stated that the City should be proactive in developing policies to deal with small lots and perhaps consider "t)" lot lines. The Committee discussed ways to communicate with the public, property owners and potential developers regarding any changes to small lot standards. 4. STATUS OF OUR LADY OF GUADALUPE CHURCH Karen Haluza provided an update on the status of parcel acquisition for the church. Councilmember Bustamante recommended that a decomposed granite coating could be added to the interim dirt parking lot in order to keep dust down. 5. FOLLOW-UP TO REGIONAL HOUSING NEEDS ASSESSMENT AND HOUSING ELEMENT POLICIES Jay Trevino provided a presentation on the current status of the Regional Housing Needs Assessment process and the City's required Housing Element Update. The Committee discussed the need to balance the City's housing stock and to provide housing affordable to middle income working families. A study session with the City Council regarding housing policy will be scheduled during the Housing Element work effort. 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS Ben Grabiel discussed ways to attract good tenants. 7. COMMITTEE MEMBER COMMENTS -None 8. ITEMS FOR NEXT MEETING A. High-rise parking standards ADJOURNMENT - 1.36 P M ~-~-t Karen Haluza Planning Manager Planning and Building Agency KH:rb rb:Council CommlDevel CC~Devel CC Minutes 05-77-07 17, 2007 13B-3 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting May 15, 2007 CALL TO ORDER The meeting was convened at 5:43 p.m. at City Hall, 20 Civic Center Plaza, 8m Floor, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez, David Benavides, and Sal Tinajero. Staff. present: City Attorney Joe Fletcher, Police Chief Paul Walters, Fire Chief Phil Garcia, Deputy Chiefs Tony Harrelson and Pete Jensen, Executive Asst. to the City Manager Mark Lawrence, Deputy Fire Chief Critchfield and Randy Black. Public present: Stanley Fiala; Amy Taxin. SUMMARY OF DISCUSSIONS APPROVAL OF MINUTES Approved Minutes of the April 24, 2007 meeting. PROPOSED AMENDMENTS TO ANIMAL SERVICES ORDINANCES CA Joe Fletcher reviewed the new animal ordinance. There were only two major changes, barking dogs, care and maintenance. Claudia Alvarez asked how the city regulates commercial kennels, particularly whether we distinguish by number of dogs housed. He will do that via memo. The council action on the proposed ordinance will be scheduled for June 18. 3. HELICOPTER CONTRACT STATUS Deputy Chief Jensen explained we would continue with a contract. There is not sufficient evidence to have a partnership. 4. FIRE DEPT. PERSONNEL CHART WITH COMPILATION OF NEEDS DATA Chief Garcia discussed his personnel chart.. Stated due to vertical buildings that are becoming more common, he has a concern with access ability. He would like to become afour-man department. Claudia Alvarez suggested Chief Garcia and Chief Walters do a study on the departments financial and staff needs. Joe Fletcher was going to research a mello roos tax. Chief suggested a sales tax because it doesn't have to be earmarked. 13 B-4 Deputy Chief Harrelson reviewed his grid map of active gang areas and explained how they were going to be targeting the gangs with special STOP teams. 6. POSSIBLE ADDITIONAL GANG INJUNCTION LOCATIONS Joe Fletcher said that even though Santa Nita has been very successful, we are still in the process of working the injunctions. We do not have the time and resources to even think of adding another injunction. 7. EPIC COMMISSION Chief Walters and Deputy Chief Harrelson believes the commission will be beneficial to the department due to the fact that it is a public and private partnership. 8. PROPOSED PLAN TO ADDRESS GANG VIOLENCE Deputy Chief Harrelson explained several different projects that the police department is working on to help with the gang violence. The department has just established Police Activities and Athletics League (PAAL) to mentor the youth. They have three tri-agency resource/gang enforcement teams (TARGET) and a Street Terrorist Offender Program (STOP). An increase in proposed funding would assist the Department in establishing a new STOP team and strategies for the 10 problematic locations. 9. PUBLIC COMMENTS Stanley Fiala spoke that we should work with the youth by letting them cruise and just charge them admission. 10. COMMITTEE MEMBER COMMENTS Committee Member Benavides stated that we should be targeting gangs and Committee Member Alvarez agreed. She also wants the police department to compile crime stats for 3 years. 11. ITEMS FOR NEXT MEETING A. Assessments -compile needs of the police and fire departments. B Weed & Seed Philosophy 12. NEXT MEETING DATE -June 26, 2007, 5:30 p.m., City Hall, 20 Civic Center Plaza, 8~h Floor, Santa Ana, California. JO RNMENT - 7:35 p.m. PAUL M. WALTERS Chief of Police 13 B-5 TRANSPORTATION COUNCIL COMMITTEE MINUTES MAY 24, 2007 CALL TO ORDER The meeting was called to order at 7:34 a.m. by Mayor Miguel Pulido at City Hall, Room 831. ATTENDANCE Members Present: Mayor Miguel Pulido Mayor Pro Tem Claudia Alvarez Councilmember David Benavides (7:40 a.m.) Members Absent: Staff Present: Guests Present: None Dave Ream (8:19 a.m.) Jim Ross Jill Arthur George Alvarez Souri Amirani Sylvia Robles T.C. Sutaria Toni Bates, PB Corp. Santa Ana Transit Plan Toni Bates from PB Corporation made a presentation to the Committee on the Go Local Program. She focused on Step 1 of the competitive process which is the initial planning. Her presentation showed various maps that illustrated the population and employment densities, along with areas that have the highest ridership. Further short/long term alternatives were also discussed. Mayor Pulido requested a presentation on the Orange Line, which is a Mag Lev System. Mayor Pulido would like to have color maps of the transit master plan, so that the Committee can review and reference back to. TRANSPORTATION COUNCIL COMMITTEE MINUTES MAY 24, 2007 1 13B-6 Residential Street Repair Strateav Jim Ross briefly talked about the strategy the City is considering for residential street repair. This includes spending $100 million over five years. He provided the Committee with a DRAFT summary of the strategy. The Committee requested a presentation on new technology for preventive maintenance and reconstruction. Mayor Pro Tem Alvarez requested a list of the five year residential repair plan previously provided. Jim Ross informed the Committee that the financing team for the bonds will be taken to City Council in August 2007. If approved by City Council, funding is expected in Fall of 2007. Mayor Pulido requested an estimate of miles that will be considered for the residential street repair strategy. The Committee is requesting that the Residential Street Repair Strategy information be passed on to the residents of Santa Ana. Councilmember Benavides requested aone-page flyer on the residential street repair strategy to handout at meetings. Committee Comments Mayor Pulido and Councilmember Benavides requested an update on the Quiet Zone for next meeting. Adjourned at 9:05 a. m. G: Ross ive Director Works Agency TRANSPORTATION COUNCIL COMMITTEE MINUTES MAY 24, 2007 2 13 B-7 13B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS ~ ~' f CITY NAGER 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 Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-095. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section SB of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Assistant to the City Manager Date: June 28, 2007 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2007 RECORD CATEGORY Chronological Files Correspondence/ Chronological Files RECORD SERIES Staff ouncilmember RECORD DESCRIPTION Memoranda and Corres ondence P elf-explanatory EXPIRATION DATES June 1, 2005 and prior June 1, 2005 and prior Council Requests Mayor Inquiries processed for Ma or Y June 1, 2005 and prior Wards 1 through 6 Inquiries processed for Councilmembers June 1, 2005 and prior Correspondence General Correspondence Self-explanatory June 1, 2005 and prior Staff Inquiries processed for Staff June 1, 2005 and prior Monthly Status Reports City Manager Self-explanatory June 1, 2005 and prior Payroll Records Council/Staff Self-explanatory June 1, 2005 and prior Travel Folders Council/Staff Self-explanatory June 1, 2005 and prior APPROVE: CONSENT: /,~ _ David N. Ream Date ~ r/G City Manager Joseph W. Fle her Date City Attorney ------------------------------ RECORDS DESTROYED: AUDITED BY: Volume Weight in Cubic Feet in Pounds Mark Lawrence Date Assistant to the City Manager 19C-3 19C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 16, 2007 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ ~ CONTINUED TO ~ ~ - , ~~' '~~C''.C,ti+L~ ~~~~,t-~-,i--~ FILE NUMBER CIS TANAGER RECOMMENDED ACTION Receive and file the Quarterly Report of Contracts entered into between April 1 and June 30, 2007 valued at $25,000 and less. DISCUSSION On November 7, 2006 the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for information purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders, agreements and change notices entered into between April 1 and June 30, 2007 valued between the amounts of $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods and services valued under $500 through either a purchase order or an agreement. Purchase orders, change notices and service agreements valued at greater than $25,000 require approval by the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. 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N ~- Q' (D M O O ~ W N M h M h M N ~ aD OD O OD O 0p ^ O N OI ~ ~ 0 0 ^ p '-~0 .- 0 c = 0 0 ~ a Z N N ~ ~ Z Z E ~ ~ m w x00(70 C70 Qv ~aa¢a ¢a ~o Q N F O O O p p p Q N N N N N N U U ~ A u> .n ~n .n ~ _ ~o a N N N N N N t0 (O (O tp c0 ~p Z C N a O O C O (p C L Q ~ U u D Z Y c U c m m y L fn m U ~ ~ y O N 'O _ _ ~ ~O '~ ~ W O o m N N V a N y Q c ~ a m o 7- O ~ E N ~ ~ U ~~ O ~ ,rn D t ~ D m(q~ o ma O d n Z ~ N > > :? o ty > a ~ Q W } ~ N O ~ a o° o 0 0 0 o ~a M M M M M M O Z 19D-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: ANNUAL OF INVESTMENT POLICY I r CI MANAGE CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a Resolution approving the City's Investment Policy. 2. Receive and file the Annual Statement of Investment Policy. DISCUSSION The Finance and Management Services Agency Executive Director annually renders to the City Council a Statement of Investment Policy. The purpose of the policy is to provide for the prudent investment of idle funds. The criteria for selecting investments and the order of priority are safety, liquidity, and yield. The investment policy applies to all financial assets of the City. FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency 19E-1 RESOLUTION NO. 2007-XXX Isso7iosi2oo7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSIDERING THE CITY'S STATEMENT OF INVESTMENT POLICY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. California Government Code, section 53646, provides that each city may have a written statement of investment policy to govern investment of the city's monies. B. Each city's treasurer may, pursuant to this state law, annually submit a report to the city council stating, in part, whether all investments in the preceding quarter have been made in conformance with the statement of investment policy. C. Pursuant to section 53646, the city's statement of investment policy may be submitted by the city's treasurer to the city council for its consideration at a regular meeting. D. The City Council of the City of Santa Ana has, at its regular meeting of July 16, 2007, considered the proposed statement of investment policy attached to this Resolution and by this reference incorporated herein as though fully set forth. Section 2. The City Council of the City of Santa Ana hereby states that it has duly considered the City's statement of investment policy submitted by the City's Treasurer. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2007. Miguel A. Pulido Mayor 19E-2 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. MEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-XXX 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 19E-3 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2007/2008 This statement is intended to outline the policies for prudent investment of idle City funds by providing guidelines for suitable investments while maximizing the efficiency of the City's Cash Management Program. Under the direction of the Executive Director, Finance and Management Services, the responsibility for the day to day investment of the City's funds is delegated to the Treasury Manager only. The investment policy applies to all financial assets of the city and are pooled in an actively managed portfolio. The investment pool or portfolio will be referred to as the "Fund" throughout this document. Bond proceeds shall be invested in accordance with requirements and restrictions outlined in the bond documents. Bond proceeds are not considered part of the Fund nor subject to this Investment Policy. The City's Cash Management Program is designed to accurately monitor and forecast expenditures and revenues, thus enabling the investment of funds to the fullest extent possible. Maturities are matched as close as possible to coincide with cash requirements. The investment policies and practices of the City of Santa Ana are based upon Federal, State and Local law and prudent money management. The primary goals of these policies are: 1. To assure compliance with all Federal, State and Local laws governing the investment of monies. 2. To provide for the safety of principal and sufficient liquidity. 3. To provide an investment return within the parameters of this Statement of Investment Policy and the Investment Portfolio Guidelines. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of their entity. 19E-4 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2007-2008 OBJECTIVES: 1. SAFETY OF PRINCIPAL - Safety of objective of the City of Santa Ana. shall be undertaken in a manner that of capital in the overall portfolio. mitigate credit risk and interest rate A. Credit Risk principal is the foremost Each investment transaction seeks to ensure preservation The objective will be to risk. Credit Risk is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: - Limiting investments to the safest types of securities; - Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisors with which an entity will do business; and - Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: - Structuring the Fund so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and - By investing operating funds primarily in shorter-term securities. The cash flow is updated on a daily basis and will be considered prior to the investment of securities, which will reduce the necessity to sell investments for liquidity purposes. 2. LIQUIDITY - The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). 3. YIELD - The City's Fund shall be designed with the objective of attaining a market-average rate of return throughout budgetary and economic cycles taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the 19E-5 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2007-2008 following exceptions: 1) a declining credit security could be sold early to minimize loss of principal; 2) a security swap would improve the quality, yield, or target duration in the portfolio; or 3) liquidity needs of the portfolio require that the security be sold. The market-average rate of return is defined as the average return on three-month U.S. Treasury Bills. The City strives to maintain one hundred percent (1008) investment of idle funds after consideration for a compensating balance to cover the cost of services provided by the bank. The funds available for investment are determined by cash flow projections updated daily. Investments are monitored so that legal limits on types of investments are not exceeded. AUTHORIZED INVESTMENTS: The "prudent person" standard shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security~s credit risk or market price changes, provided deviations from exceptions are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The City is governed by the California Government Code, Sections 53600, 16429.1 and 53684 et seq. Santa Ana further restricts the permitted investments to those listed below. Within this scope, the City diversifies its investments by maturity dates and types of investments. Concentration limits are indicated for all investment categories except Treasury securities, which are considered the safest investments. A. United States Treasury Bills, Notes, and Bonds, for which the full faith and credit of the United States are pledged for payment of principal and interest. Purchases of this category shall not exceed five years to maturity. There is no percentage limit in this category. B. Obligations issued by a Federal Agency or a United States Government Sponsored Enterprise. Federal Agency Issues include, but are not limited to GNMA (Government National 19E-6 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2007-2008 Mortgage Association), FFCB (Federal Farm Credit Bank), FHLB (Federal Home Loan Bank Board), FHLMC (Federal Home Loan Mortgage Corporation), FNMA (Federal National Mortgage Association), SLMA (Student Loan Mortgage Administration), FHA (Federal Housing Administration) and TVA (Tennessee Valley Authority). Although there is no percentage limitation on these issues, the "prudent investor" rule shall apply for a single agency name as U.S. Government backing is implied rather than guaranteed. C. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances, which are eligible for purchase by the Federal Reserve System. Purchases of bankers acceptances may not exceed one hundred, eighty (180) days or forty percent (40`s) of the cost value of the Fund which may be invested pursuant to this section. However, no more than thirty percent (30g) of the City's cost value of the Fund may be invested in the bankers acceptances of any one commercial bank pursuant to this section. D. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by Moody's Investor Services, Inc. (Moody's), Standard and Poor's (S&P) or Fitch Financial Services, Inc. (Fitch). The corporation that issues the commercial paper shall be organized and operating within the United States, shall have total assets in excess of five-hundred, million dollars ($500,000,000), and shall issue debt, other than commercial paper, if any, that is rated "A" or higher by Moody's or S&P or Fitch. Eligible commercial paper shall have a maximum maturity of two-hundred seventy (270) days or less. The City may purchase no more than ten percent (10~) of the outstanding commercial paper of any single corporate issue. Purchases of commercial paper may not exceed twenty-five percent (25g) of the surplus money which may be invested. E. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union or by a state-licensed branch of a foreign bank. However, the City shall not invest in negotiable certificates of deposit issued by a state or federal credit union if a member of the City Council or any City personnel with investment decision making authority also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit. The City's investment in negotiable certificates of deposit may not exceed thirty percent (30~) of the cost value of the Fund. The amount so invested shall be subject to the limitations of Government Code Section 53638 which generally provides that the deposit shall 19E-7 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2007-2008 not exceed the shareholder's equity of any depository bank, or the total net worth of any depository savings association or federal association, or the total of the unimpaired capital and surplus of an insured industrial loan company. F. Repurchase Agreements. For purposes of this section, the term "repurchase agreement means a purchase of securities by the local agency pursuant to an agreement by which the seller will repurchase the securities on or before a specified date and for a specified amount and will deliver the underlying securities to a third party custodian. The City may invest in repurchase agreements with primary dealers of the Federal Reserve with which the City has entered into a PSA master repurchase contract which specifies terms and conditions of repurchase agreements. The market value of securities used as collateral for repurchase agreements shall not be allowed to fall below 102 percent of the value of the repurchase agreement and shall be valued daily by the tri-party custodial agent. Securities that can be pledged for collateral shall consist only of investments permitted within this policy with a maximum maturity of five (5) years. If there is a default of the broker, the collateral securities can be sold. Since the securities are valued daily, it is likely that the sale proceeds will equal or exceed the value of the repurchase agreement amount. Purchases in this category shall not exceed ninety (90) days or thirty percent (30°s) of the cost value of the Fund. G. Local Agency Investment Fund - State Pool. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer under California Government Code Section 16429.1 for the benefit of local agencies. Although there is no percentage limitation on this fund, the "prudent investor" rule shall apply for a single agency name. H. Medium Term Corporate Notes issued by corporations organized and operating within the United States or by depository institutions licensed in the United States or any state and operating within the United States. Notes eligible for investment shall be rated in a rating category of "A" or its equivalent or better by a nationally recognized rating service. Purchases in this category shall not exceed three (3) years to maturity or fifteen percent (15`s) of the cost value of the Fund. Purchases in a single issuer in this category shall not exceed five percent (5~) of the cost value of the Fund. I. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. The company shall have met either of the following criteria: 19E-8 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2007-2008 1. Attain the highest ranking or the highest letter and numerical rating provided by not less than two of the three following: Moody's S&P or Fitch, and 2. Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five (5) years experience managing money market funds with assets under management in excess of five-hundred, million dollars ($500,000,000). The purchase price of shares of beneficial interest, (mutual funds) purchase pursuant to this subdivision shall not include any commission that these companies may charge. J. Ineligible investments. Investments not described herein are ineligible investments. In accordance with Section 53631.5 of the Government Code, the City shall not invest any funds in inverse floaters, range notes, or interest only strips that are derived from a pool of mortgages. In addition, the City shall not invest any funds in any security that could result in zero interest accrual if held to maturity. However, prohibited securities that are in the City's portfolio, as of the date of this policy adoption, may be held until their maturity dates. DEPOSITORY SERVICES Money must be deposited in state or national banks, state or federal savings associations or state or federal credit unions in the state. It may be in inactive deposits, active deposits or interest-bearing active deposits. The deposits cannot exceed the amount of the bank's or savings and loan's paid up capital and surplus. The bank or savings and loan must secure the active and inactive deposits with eligible securities having a market value of one- hundred, ten percent (110'x) of the total amount of the deposits. State law also allows as an eligible security, first trust deeds having a value of one-hundred, fifty percent (150%) of the total amount of the deposits. A third class of collateral is letters of credit drawn on the Federal Home Loan Bank (FHLB). The treasurer may waive, at his discretion, security for that portion of a deposit which is insured pursuant to federal law. Currently, the first one-hundred, thousand dollars ($100,000) of a deposit is federally insured. It is to the City's advantage to waive this collateral requirement for the first $100,000 because we receive a higher interest rate. 19E-9 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2007-2008 QUALIFIED DEALERS AND INSTITUTIONS: The City shall transact business only with banks, savings and loans and registered investment securities dealers. The purchase by the City of any investment other than those purchased directly from the issuer, shall be purchased either from an institution licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporations Code, who is a member of the National Association of Securities Dealers, or a member of a Federally regulated securities exchange, a National or State-Chartered Bank, a Federal or State Association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank. The City's Treasurer's staff shall investigate all institutions which wish to do business with the City, in order to determine if they are adequately capitalized, make markets in securities appropriate to the City's needs, and agree to abide by the conditions set forth in the City of Santa Ana's Investment Policy and Investment Portfolio Guidelines. This will be done annually by having the Financial Institutions complete and return the appropriate questionnaire, and an audited Financial Statement must be provided within one-hundred, twenty (120) days of the Institution's fiscal year-end. SAFEKEEPING OF SECURITIES: To protect against potential losses caused by collapse of individual securities dealers, all securities owned by the City except securities used as collateral for repurchase agreements, shall be kept in safekeeping with "perfected interest" by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures. INTERNAL CONTROLS: The Executive Director, Finance and Management Services is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The Executive Director, Finance and Management Services has developed a system of internal investment controls and a segregation of responsibilities of investment functions in order to assure an adequate system of internal control over the investment function. Internal control procedures address wire controls, separation of duties, delivery of securities to a third party for custodial safekeeping, and written procedures for placing investment transactions. Cash balances are reconciled daily by non-investment employees and reconfirmed by the City's accounting staff. In addition, the City's 19E-10 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2007-2008 accounting staff also verifies investment activities and holdings on a monthly basis. The Executive Director, Finance and Management Services shall establish a process for annual independent review by an external auditor to the extent contemplated by generally accepted auditing standards. REPORTING: Under the provisions of Section 53646 of the Government Code, the Executive Director, Finance and Management Services shall render a report to the City Council, City Manager, and the internal auditor containing detailed information on all securities, investments, and moneys of the City. The report will be submitted on at least a quarterly basis and provided to the Council within thirty (30) days following the end of the quarter. The report will contain the following information on the funds that are subject to this investment policy: 1) the type of investment, name of the issuer, date of maturity, par and cost in each investment, 2) the weighted average maturity of the investments, 3) any investments, including loans and security lending programs, that are under the management of contracted parties, 4) the market value and source of the valuation, 5) a description of the compliance with the statement of investment policy, and 6) a statement denoting the City~s ability to meet its pool s expenditure requirements for the next six months. POLICY REVIEW: This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of PRINCIPAL, LIQUIDITY, AND YIELD and its relevance to current law, financial and economic trends, and to meet the needs of the City of Santa Ana. ~"~~S]SC~.~-A~C~e Francisco Gutierrez Executive Director Finance & Management Services Agency 19E-11 19E-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: CONTRACT RENEWAL FOR HEATING, VENTILATION, AND AIR CONDITIONING MAINTENANCE AND REPAIRS (SPEC. NO. 03-044) (~ Q A U~l ~'`y`~ 1 r "c~ CI MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Adelphia, Inc., d/b/a/ Chandler's Air Conditioning and Refrigeration for heating, ventilation, and air conditioning maintenance and repairs for a one-year period in an annual amount not to exceed $150,000. DISCUSSION Various agencies throughout the City have heating, ventilation, and air conditioning (HVAC) systems that require maintenance to ensure maximum efficiency and operational reliability. The contract will provide service, maintenance, parts and unit replacement as required. On July 21, 2003, the City Council awarded a contract to Chandler's Air Conditioning for a two-year period with provision for three, one-year renewals. The vendor has performed satisfactorily and has not increased pricing in four years. Chandler's Air Conditioning, a Santa Ana vendor, has agreed to renew the contract with a 16 percent increase in pricing to offset increased labor, fuel, and insurance costs. An evaluation of the increase by Purchasing staff indicates the rates offered are lower than those offered by regional competitors. Therefore, staff recommends the final renewal of the contract. FISCAL IMPACT Funds are to be charged back to various departmental Maintenance & Repairs of Buildings & Grounds accounts (object code 6261). CI~C~ \~ S~ ~ ~~ ~~ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/BP/03-044RF.2:uc 2 2A~~ 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEET{NG DATE: CLERK OF COUNCIL USE ONLY: JULY 16, 2007 TITLE: CONTRACT RENEWAL FOR WEED AND DEBRIS REMOVAL (SPEC. NO. 06-100) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordlnance on 2°" Reading ^ Implementing Resolution ^ Set Public Hearing For_ ~ - %• CITY NAGER ~ RECOMMENDED ACTION CONTINUED TO FILE NUMBER Renew the contract with Naranjo Landscaping for weed and debris removal for a one-year period in an annual amount not to exceed $168,000. DISCUSSION The Public Works Agency (PWA)'s Maintenance Services Division is responsible for cleaning over 200 vacant lots, easements, and storm drain channels. In order to do so, a contract for weed and debris removal for both public and private properties is required. Removing the weeds and debris will enhance the safety and visual appearance of the areas maintained by the PWA. On September 5, 2006, the City Council awarded a contract to Naranjo Landscaping for a one-year period with provision for three, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. 22B-1 Contract Renewal for Weed and Debris Removal July 16, 2007 Page 2 FISCAL. IMPACT Funds are available in the Sanitation Enterprise, the Federal Clean Water Protection Enterprise, and the Merged Housing Capital Projects Funds (account nos. 68-632-6291, 57-635-6291 and 507-936-6291). r ~._- ~~ ~_ ~ ~~> !~-~, ! it 1 James G'. Ross Executive Director Public Works Agency ,i ,~~' Ste e ding Deputy City Manager for Development Services APPROVED AS TO FUNDS AND ACCOUNTS: 'C ~CC~i` ~ t~ r . ~a iJ. a~ - j' ,,y Francisco Gutierrez `i~ Executive Director Finance & Mgmt. Services Agency JGR/WO/06-100R1.91:uc 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 16, 2007 TITLE: CONTRACTS AWARD FOR MOTOROLA MOBILE DATA COMPUTER SYSTEMS AND MOTOROLA PORTABLE RADIOS (SPEC. NO. 07-022) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on 2°tl Reading ^ Implementing Resolution ^ Se[ Pubtlc Hearing For_ 1 ~ r ~~~-~~~ CIT ANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Award a contract to Motorola for the purchase of mobile data computer systems for the Fire Department in the amount of $81,371.52. 2. Award a contract to Motorola for the purchase of portable radios for the Police Department in an amount not to exceed $150,000. DISCUSSION On September 19, 2005, the City Council accepted an $8.4 million Urban Area Security Initiative (UASI) grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. Mobile data computer (MDC) systems are used to improve communications and provide information to emergency first responders. Utilizing fiscal year 2004 and 2005 UASI monies, the Fire Department funded the first phase of the purchase and installation of MDC systems for fire vehicles. This award will fund the final ten systems needed to outfit all fire vehicles identified as needing a MDC system. In order to maintain consistency and ensure interoperability, it is critical that the exact MDC systems be installed in this second and final phase. 22C-1 Contracts Award for Motorola Mobile Computer and Portable Radios July 16, 2007 Page 2 Funds from the fiscal year 2004 and 2005 UASI grant were also used to purchase portable radios to enhance the urban areas interoperable communications capabilities. The Santa Ana Police Department requires 30 additional portable radios to further enhance the communications capacity of the area first responders. All radios purchased must be compatible with the 800 MHz Countywide Coordinated Communications System (800 MHz CCCS). The 800 MHz CCCS radio system provide effective and reliable radio communication for routine operations of participating law enforcement, fire services, EMS and disaster preparedness agencies as well as interagency communications during disaster operations. The required MDC systems and portable radios are only available through Motorola. In order to maintain the integrity of the communications system, staff recommends Council approval of the recommended actions. FISCAL IMPACT Funds for the mobile data computer available in the Office of Emergency Initiative (UASI) 2005 Police Grant 333-6391). i j ~ ~:.a_ Paul M. Walters Chief of Police Steve Acting systems and the portable radios are Services (OES) Urban Areas Security accounts (nos. 125-333-6641 and 125- APPROVED AS TO FUNDS AND ACCOUNTS: d'~~_ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22C-2 PMW/TO/07-022.73:uc REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: CONTRACT AWARD FOR PUMP STATION EQUIPMENT (SPEC.. NO. 07-043) CI MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordlnance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Ferguson Waterworks for pump station equipment in the amount of $25,171. DISCUSSION The Public Works Agency Water Resources distribution system that services two water Pressure Zone and the Upper Pressure Zone. One services the Main Pressure Zone is the West First and Newhope. The West Pump Station is maintain water quality and pumping efficiency. )ivision maintains a water pressure zones: the Main of the pumping stations that Pump Station, located near scheduled for an upgrade to The notice inviting bids was advertised on March 28 and 30, 2007 and bids were solicited. A summary of the bid invitations and bids received is as follows: 17 Invitations For Bid mailed 3 Invitations For Bid mailed to Santa Ana vendors 6 Bids received 2 Bids received from Santa Ana vendors Bids were received, opened on April 10, 2007, and evaluated (Exhibit 1). The City of Santa Ana provides a one percent vendor preference for vendors who are located in Santa Ana. Due to the local vendor preference, the bid received from Ferguson Waterworks, a Santa Ana vendor, was the successful bid, and is responsive to the specifications and meets the City`s requirements. 22D-1 Contract Award for Pump Station Equipment July 16, 2007 Page 2 FISCAL IMPACT Funds are available in the Water Utility Water Production & Supply account (no. 64-574-6641). APPROVED AS TO FUNDS AND ACCOUNTS: Ja es G. Ross E ecutive Director ublic Works Agency V JGR/WO/07-043.9:uc t~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22D-2 ABSTRACT OF BIDS CONTRACT AWARD FOR PUMP STATION EQUIPMENT (Spec. No. 07-043) Vendor Ferguson McJunkin Groeniger & Enterprises Corporation Com an p Y Location Santa Ana Rancho Temecula Dominguez Terms Net 30 Net 30 Net 30 Delivery N/A 60-90 Days 12-14 Weeks Price $23,360.00 $23,234.00 $23,717.02 Sales Tax @7.75% $ 1,810.40 $ 1,800.64 $ 1,838.07 Total Cost $25,170.40 $25,034.64 $25,555.09 1%Local (-251.71) Vendor Preference $24,918.69 N/A N/A Vendor Crump & Co., HD Supply Irvine Pipe & Inc. SuPP1Y Location Pasadena Rancho Santa Santa Ana Mazgarita Terms Net 30 Net 30 Net 30 Delivery 16 Weeks 20 Days 6-8 Weeks $1,303.26 Price $28,864.00 $27,200.00 $27,339.48 Sales Tax @7.75% $ 2,236.96 $ 2 108.00 $ 2,118.81 Total Cost $28,864.00 $29,308.00 $29,458.29 1 % Local (-294.59) Vendor Preference N/A N/A $29,163.70 1~)~~~ 22D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TfTLE: CONTRACT AWARD FOR BRAS5 WATER SERVICE FITTINGS (SPEC. NO. 07-057) 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 CITY~I ANAGER RECOMMENDED ACTION Award contracts with provision follows: Vendor: FILE NUMBER for brass water service fittings for a one-year period, for three, one-year renewals in the annual amounts as S & J Supply Co „ Inc Ferguson Waterworks Location: Amount: Santa Fe Springs $110,000 Santa Ana $ 30,000 Last year, the Public Works Agency (PWA) Water Division delivered 46,000 acre feet of water to businesses and residents in Santa Ana, To do so, PWA maintains an extensive distribution system that includes 20 active wells, seven .pumping stations and reservoirs, and seven import water connections, as well as miles of water pipe. In order to perform maintenance and repairs on this extensive system, PWA requires an assortment of materials such as bushings, flanges, nuts, and stops. The materials are purchased through the Central Stores warehouse for distribution, The contract for brass water service fittings is designed to provide quality products at a significant savings based on quantity pricing. The notice inviting bids was advertised on June 8, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 17 Invitations For Bid mailed 6 Invitations For Bid mailed to Santa Ana vendors 3 Bids received 2 Bids received from Santa Ana vendors 22E-1 Contract Award July 16, 2007 Page 2 for Brass Water Service Fittings Bids were received, opened on June 26, 2007, and evaluated (Exhibit 1). The bids received from S & J Supply Co., Inc., and Ferguson Waterworks, a Santa Ana vendor, are responsive to the specifications in their respective categories and meet the City's requirements. The annual amounts are based upon past usage and staff's projection for the next year. FISCAL IMPACT Funds are available in the Water Utility Water Systems Maintenance and Water Quality & Measurement accounts (nos. 64-575-6391 and 64-578-6391). APPROVED AS TO FUNDS AND ACCOUNTS: ~amds G. Ross Execcutive Director (P~lic Works Agency JGR/WO/07-057.9:uc TnE~1CQ,~j C.~ ~ ~ ~f,Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22E-2 ABSTRACT OF BIDS CONTRACT AWARD FOR BRASS WATER SERVICE FITTINGS (Spec. 07-057) Vendor S & J Supply Co., Inc. Location Santa Fe Springs Payment Terms Net 30 CENTRAL STORES STOCK ITEMS CATEGORIES A Meter Adapters B Angle Meter Stops C Meter Bushing D Corporation Stops E Meter Couplings F 45° & 90° Couplings G Curb Stops H Meter Flanges I Copper Tube Nut J Brass Gate Valve K Copper Couplings L Gaskets $ 228.32 N/R $ 1,968.00 $ 11,475.25 N/R $ 4,012.85 $ 39,321.57 $ 335.40 $ 36.85 N/ti N/B N/R Total Cost Estimated Annual Usage-Stock Items (Including Sales Tax) $ 57,376.04 $ 110,000.00 Ferguson Waterworks Santa Ana Net 30 $ 360.00 $ 12,189.50 $ 2,520.00 $ 14,102.45 $ 17,430.25 $ 4,960.50 $ 47,809.45 $ 413.00 $ 47.50 $ 1,251.75 $ 134.25 $ 2,507.50 $ 16,083.00 $ 24,000.00 Wells Supply Company Santa Ana Net 30 $ 270 .40 N/R $ 2,472 .00 $ 13,389 .25 $ 17,255 .85 $ 4,799 .75 N/R $ 392 .00 $ 53 .00 N/B $ 200. 75 $ 5,166. 70 N/B = No Bid N/R =Non Responsive g~'~-3 22E-4 REQUEST FOR COUNCIL. ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: CONTRACT AWARD FOR ANIMAL FOOD (SPEC. NO. 07-058) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ ~7 ,/~ , ~ ~ ~ ~j,~~ CONTINUED TO LG~~I~~V~/wUt:C CC-C~(~V.J(A.~ ~ FILE NUMBER CITY NAGER 1 RECOMMENDED ACTION Award a contract to Midway City Feed Company for animal food for a one-year period, with provision for three, one-year renewals in an annual amount not to exceed $30,000. DISCUSSION The Santa Ana Zoo at Prentice Park houses 232 animals in its collection. Each of the 74 different species has special dietary needs. Animal food required includes alfalfa, bale mix, bird food and produce for many of the animals. The contract for animal food is designed to provide quality products at significant savings based on quantity pricing. The notice inviting bids was advertised on June 12, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 7 Invitations For Bid mailed 1 Bid received Bids were received and opened on June 26, 2007. The bid received from Midway City Feed Company is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Santa Ana Zoo Fund ( no. 11-247-6392). APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet c~ Francisco Gutierrez Executive Director Executive Director Parks, Rec. & Comm. Svcs. Agency Finance & Mgmt. Services Agency GM/WO/b7-058.S:uc 2 2 F -1 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: CONTRACT AWARD FOR FIRE HOSE (SPEC. N0.07-061) CIS ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s' Reading ^ Ordinance on 2otl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to L. N. Curtis & Sons for the purchase of fire hose in the amount of $27,400; and an additional $15,000 for an annual blanket contract. DISCUSSION Each of the ten fire approximately 3,150 feet an ongoing replacement engine load per year, replaced fire hose is unexpected emergencies. stations house a fire engine, outfitted with of fire hose. The Fire Department has established >rogram for fire hose, replacing at a rate of one eliminating the need for mass purchases. The used on reserve fire apparatus or stored for The notice inviting bids was advertised on June 15 and 18, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 15 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 1 Bid received The bid was received and opened on June 26, 2007. The bid received from L. N. Curtis & Sons is responsive to the specification. L. N. Curtis & Sons provides for the purchase of miscellaneous supplies for the Fire Department. The purchase of fire hose, when combined with anticipated purchases during the current fiscal year, exceeds the $25,000 aggregate limit. In order to facilitate future purchase, staff recommends an increase to the aggregate limit. 22G-1 Contract Award for Fire Hose July 16, 2007 Page 2 FISCAL IMPACT Funds are available in the Fire Maintenance account (no. 11-327-6391). APPROVED AS TO FUNDS AND ACCOUNTS: i y ~~~, T(~(~C`(~O ~cvc ,~ Steve Cr' f eld c~ Francisco Gutierrez Interi Fire Chief Executive Director Finance & Mgmt. Services Agency SC/SP/07-061.3:uc 22G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: RENEW AGREEMENT FOR SEXUAL ASSAULT EVIDENCE COLLECTION CIT NAGER j, RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2ntl 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 renew the agreement with Anaheim Memorial Medical Center for acute sexual assault exams and evidence collection services. DISCUSSION The Police Department uses the services of the Anaheim Memorial Medical Hospital to conduct sexual assault examinations and evidence collection for adult victims and suspects. The costs for services are $650 per victim exam, $100 per victim follow-up examination, and $150 per suspect examination. Results from these tests and evidence collection are necessary for the prosecution of criminal cases. Anaheim Memorial Medical Center is the only facility in the county performing rape and sexual assault examinations of adults for prosecution purposes. The Police Department has utilized their services for these purposes since 1995. FISCAL IMPACT Funds are available in the Police Department's Crimes Against Persons fund (account no. 011-341-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department A i ~nnmr`.rr.~ .`~. _ _ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25A-1 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: AGREEMENT FOR TELEPHONE SYSTEM MAINTENANCE ~~ .`~W~( CIT ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on 2n0 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 two-year agreement with NEC Unified Solutions, Inc. to provide maintenance services and related equipment for the City's telecommunications system in an annual amount not to exceed $220,000 per year with provision for two one-year renewals. The City's voice communications network consists of 32 telecommunications systems that support every Agency and Department in the City. These systems are located at City Hall, Police Department headquarters, Police sub-stations and Jail, Fire Department headquarters and Fire stations, City Yard, Work Center, Parks and Recreation headquarters and centers, and the Santa Ana Zoo. The systems are linked internally through the main City Hall telephone system and include over 2,000 telephones and approximately 2,400 voice, fax, and modem extensions. Three years ago this telephone system network was upgraded to state-of-the-art technology. In order to ensure the proper functioning of this extensive system, the City contracts for maintenance services. Some of these services include: 1) providing an on-site dedicated service technician to perform repairs, moves, additions and changes; 2) 24-hour system monitoring and service response; 3) replacement of any and all defective telephone system equipment; 4) providing engineering support; and 5) providing new telephone equipment. A competitive bid process was conducted to solicit proposals from telecommunications system maintenance/service vendors. A "Request for Proposal" (RFP) was developed which defined the City's telephone system maintenance and service requirements as well as proposal evaluation criteria. The RFP was advertised in April and May, 2007, and sent to 22 prospective vendors. 25B-1 Agreement for Telephone System Maintenance July 16, 2007 Page 2 The City received four written proposals. An evaluation team consisting of four Information Services and Telecommunications staff reviewed and evaluated the proposals. Points were assigned to each Vendor's proposal based on several categories of requirements defined in the RFP. Below is a summary of the points rated for each vendor: NEC Unified Solutions, Inc. 91 points Digital Telecommunications Corp. 79 points NEXUS IS, Inc. 75 points KDDI America, Inc. 63 points Based upon this review and assessment, staff believes that NEC Unified Solutions, Inc. is best qualified to service the City and recommends that it be awarded the agreement. The contract will take effect upon the end of the existing contract so as to provide continuous uninterrupted service. FISCAL IMPACT Funds are budgeted and available in the FY 07-OS Communication Services account for contractual services (account no. 102-171-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ncrc~nrl~ Francisco Gutierrez Executive Director Finance & Management Services AgencvA.! 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: STREET REHABILITATION FINANCING TEAM ,~ ~~~~ ~.~ CITY M NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s' Reading ^ Ordinance on 2ntl 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 the financing team composed of financial advisor Fieldman, Rolapp & Associates, underwriter De La Rosa & Co., bond counsel Orrick, Herrington & Sutliffe, and special disclosure counsel Quint & Thimmig. DISCUSSION The Public Works Agency has completed an inventory of all the City's streets that includes their general lifespan condition. Based on staff's assessment, an immediate infusion of funds to rebuild the City's neighborhood streets would advance the City's position to address all neighborhood streets and implement a long-term preventive maintenance program. Based on this strategy, it is recommended that over the next five years, $100 million be invested toward rebuilding and repairing City streets. To achieve this initiative, bonds in the amount of $60 million dollars would be needed to complete the $100 million investment. Neighborhood street improvements will include slurry seal, grind and overlay, reconstruction, and critical concrete repair of sidewalk, curb and gutter. In order to explore bonding alternatives and capacity, it is recommended that a financing team, including a financial advisor, underwriter, and bond/disclosure counsel, be formed. After extensive interviews, staff recommends the hiring of Fieldman, Rolapp & Associates (financial advisor), De La Rosa & Co. (underwriter), Orrick, Herrington & Sutliffe (bond counsel) and Quint & Thimmig (disclosure counsel). Upon final determination, a financing package will be brought before Council for review and approval. Compensation will be as follows: financial advisor in an amount not to exceed $55,000; underwriter in amount not to exceed $370,000 (based on a par bond value of $60 million) and contingent upon bond closing. Bond Counsel is responsible for preparing all of the 25C-1 Street Rehabilitation Financing Team July 16, 2007 Page 2 transactional documents for a financing. Disclosure counsel will be responsible for preparing the official statement and any other necessary disclosure documents. Quint & Thimmig's compensation will not exceed $50,000 (based on a par bond value of $60 million) and will be contingent upon bond closing. Orrick, Herrington & Sutliffe's compensation will not exceed $90,000 (based on a par bond value of $60 million) and will likewise be contingent upon bond closing. FISCAL IMPACT Funds in the amount of $55,000 (financial advisor) are available in the Non-Departmental Account (11-012-6291) with balance of fees available upon bond closing. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ > ~~ ~/lam ~~~ ~~-~-~-~-~ Jim oss Francisco Gutierrez Executive Director '~xecutive Director 8ublic Works Agency Finance & Management Services Agency 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 16, 2007 TITLE: FEDERAL EMPOWERMENT ZONE DAISY WHEEL NETWORK PROGRAM APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For i YYr ~t ~ tE. ~6 CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with the Santa Ana Empowerment Corporation in the amount not to exceed $637,000 for the 2007-08 Federal Empowerment Zone Daisy Wheel Network Program. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Mexican American Opportunity Foundation in an amount not to exceed $72,560 for vocational/occupational training and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Templo Calvario in an amount not to exceed $72,000 for employment strategies and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program. 4. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with The Cambodian Family in an amount not to exceed $128,385 for vocational/occupational training, employment strategies, and supportive services under the Federal Empowerment Zone Daisy Wheel Network Program. DISCUSSION In May 2002, the Santa Ana Empowerment Corporation Board approved a business plan that identified three specific goals and objectives that 25D-1 FEZ Daisy Wheel Network Program July 16, 2007 Page 2 they wished to see achieved. One of the three goals concerned job development, training, and job placement for Empowerment Zone residents. In 2003 the Board sent out a Request for Proposal to over 50 entities for the development and implementation of a Daisy Wheel component. The Daisy Wheel is comprised of four partners that provide employment services to FEZ residents, such as employment listings, career advisement, training services, job search assistance, non-subsidized employment, retention services, skill upgrades, plus many others. The Santa Ana W/0/R/K Center was awarded the contract. In the past four years, the W/0/R/K Center developed and implemented a job training and placement program in conjunction with nine partners. On May 23, 2007, the Santa Ana Empowerment Corporation Board awarded a contract for a fifth year to the Santa Ana W/0/R/K Center in an amount of $637,000. The contract is to fund Phase V of the Federal Empowerment Zone Daisy Wheel Network that will service 520 residents living within the Empowerment Zone. The Daisy Wheel Network will continue to provide vocational/occupational training, employment strategies, education, and supportive services for the participants. The Santa Ana W/0/R/K Center will receive $364,055 to provide oversight of the Daisy Wheel Network, cover administrative and operational costs, and provide direct services to 225 Empowerment Zone participants. The three contracts listed above will total $272,945 for July 1, 2007, to June 30, 2008, for a total amount of $637,000. FISCAL IMPACT Funds are available in the FEZ Daisy Wheel Network Program account (account no. 129-035-various). APPROVED AS TO FUNDS AND ACCOUNTS: Ste hen G. H ding Deputy City Manager for Development Services Community Development Agency SGH/BG/mlr Francisco Gutierrez Executive Director Finance & Management Service Agency L~~ H:\ACTIONS\2007 CC\FEZDaiSyWheel 7-16-07RFCA.dOc 25D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 16, 2007 TITLE: CONDITIONAL USE PERMIT NO. 2007-09 ALLOW AFTER HOURS OPERATION FOR EL TORITO RESTAURANT LOCATED AT 2800 NORTH MAIN STREET, SUITE 868 - ART RODRIGUEZ & ASSOCIATES, APPLICANT ~ =c~'= +. CITl"-MANAGEI~ APPROVED TO ^ As Recommended ^ As Amended ^ Ordinance on 1 a' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO RECOMMENDED ACTION FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2007-09 as conditioned. PLANNING COMMISSION ACTION On June 25, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-09 as conditioned by a vote of 4:0 (De La Torre and Munoz absent, Gartner abstained) to allow the after hours operation of E1 Torito restaurant within the General Commercial (C2) zoning district at 2800 North Main Street, Suite 868. The Planning Commission removed a police condition requiring that the cash register be visible from the street (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. n Ja 7. Trevino Executive Director Planning & Building Agency CR:rb cr\repor[a\cup09-09 E1 Torito after-houra.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 25, 2007 TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2007-09 TO ALLOW AFTER HOURS OPERATION FOR EL TORITO RESTAURANT LOCATED AT 2800 NORTH MAIN STREET, SUITE 868 Prepared by Carlos Rodriquez ~Q ti''~- ~/~ Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Manag Adopt a resolution approving Conditional Use Permit No. 2007-09 as conditioned. DISCUSSION Request of Annlicant Art Rodriguez & Associates, on behalf of E1 Torito Mexican restaurants, is requesting approval of Conditional Use Permit No. 2007-09 to allow the after hours operation of E1 Torito restaurant at 2800 North Main Street, Suite 868. Property Description The E1 Torito Restaurant will be located within the existing Main Place Mall. The restaurant will be located on the eastern side of the mall facing Main Street, between the Macy's retail store and California Pizza Kitchen restaurant. The parcel is located within the General Commercial (C2) zoning district and has a General Plan land use designation of District Center (DC). Surrounding land uses include commercial and the Garden Grove (SR-22) Freeway to the north, commercial uses to the south, commercial and residential to the east, and the Santa Ana (I-5) Freeway to the west (Exhibits 1 and 2). E1 Torito will lease a 5,200 square foot space formerly occupied by Spoon's that is currently under construction with an exterior facade remodel and interior tenant improvement. The restaurant will be a sit- down eating establishment that offers Mexican cuisine to its customers. EXHIBIT A 31 A-2 Conditional Use Permit No. 2007-09 June 25, 2007 Page 2 Hours of operation for the restaurant will be from 10:00 a.m. to 11:00 p.m., Sunday through Thursday and Friday and Saturday 10:00 a.m. to 1:00 a.m. (Exhibits 3, 4 and 5). A separate conditional use permit is currently being processed to allow the sale of beer, wine and distilled spirits. Project Description El Torito will be a family eating establishment that specializes in Mexican cuisine. E1 Torito operates a large chain of restaurants that have several locations in California, Arizona and Oregon. The applicant is proposing to obtain a conditional use permit to allow after hours operation at the proposed eating establishment. Hours of operation will be from 10:00 a.m. to 11:00 p.m., Sunday through Thursday and Friday and Saturday 10:00 a.m. to 1:00 a.m. The General Commercial zoning district requires a conditional use permit for eating establishments open between the hours of 12:00 a.m. and 5:00 a.m. when residential uses are located within 150 feet of the eating establishment. East of the subject property is the City Place residential and commercial mixed-use development. A total of 74 dining seats, 41 booths, and 10 bar stools are proposed with this project. Additionally, E1 Torito is processing a separate conditional use permit for a Type 47 ABC license to allow the on-premise sale of alcoholic beverages to customers. The after hours operation is intended to provide a service ancillary to the primary restaurant use. The additional hours of operation will provide patrons with additional hours of service and will attract late dining patrons. Analysis of the Issues The applicant is requesting to operate until 1:00 a.m. on Friday and Saturday. The sit-down eating establishment will be located within the existing Main Place Mall and within a large commercial district. The full service restaurant will have a complete level of staffing during the operating hours of the restaurant. The restaurant staff will act as a deterrent in reducing the potential of criminal activity by being located on-site during operating hours. The surrounding land uses immediately next to the eating establishment are mainly commercial uses with the exception of the City Place mixed-use development and a multi-family residential property located east of 31 A-3 Conditional Use Permit No. 2007-09 June 25, 2007 Page 3 the project in the adjacent City of Orange. The additional hours of operation should not impact the immediate residences as the sites are separated by surface parking lots and Main Street. The Planning Division and Police Department have reviewed the application for potential concerns related with the extended hours of operation. The restaurant is located within an area of the city considered average in police-related incidents. The area is located in Reporting District No. 161, which ranks 40th out of 102 citywide districts in total number of police-related incidents. In order to minimize the potential impacts associated with after hours operation at the proposed restaurant location, the Police Department is recommending conditional approval of the project. These proposed conditions are intended to mitigate any problems that may negatively affect the adjacent neighborhood and surrounding area. Lastly, the site has a General Plan land use designation of District Center (DC). The District Center designation emphasizes the use of this area as an anchor for commercial development and encourages a variety of activities such as late night dining establishments. The site is located on a major arterial street and the subject site's proximity near the Santa Ana (I-5) Freeway promotes the City of Santa Ana as a regional shopping destination. Based upon analysis of the project and its compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-09 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2007-9 will be filed for this project. Carlos Rodriguez Assistant Planner II CR:jm cr\reports\cup0]-09 E1 Torito after-hours.pc Vince Fre so, A P Senior P1 nner 31 A-4 fl1 R1 R1 R1 R1 Al GENERAL AGRICUITUFiAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS'VILLAGE C6 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAW INDUSTRIAL MO MILITARY OPERATIONS O OPEN SPACE -0Z OVERLAY 20NE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBANAPARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN CUP 07-9 ~ g__,_ EL TORITO ~,, 2800 NORTH MAIN STREET, SUITE 868 - -=500 FEET 1' = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3~`~BV~' 2 2 F R E E W A Y ary ~N PLACE DR. I or Mp o~a~ee i m W J J U ~: ~ w ~ °- tn o l U ~ TOWN6000NTY I flOAD M A I N ~ I '' Q P L A C E e ~ U , `~ M A L L W el Yy q~ ~ f , y yl U nF PROJECT 09 SITE CITY PLACE Ofl. ~ W Z 'Q z v R W ~ O W ~y p U ~ 9 L Q 3 MAIN PLACE DR. MEMORY LN. PARKING LOT ~ OFFICE OFFICE O Q m _ CUP 07-9 ~ .,: EL TORITO ~ '"" 2800 NORTH MAIN STREET, SUITE 868 P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A-6 ~~ ~ ~ ~ 99 tt, y } ® ~ ~ l ~li1 1 ~3~3t1 1 fa~sib 1 , 1 ~ ] l;i.:1 ] fddt..9 ~ off=E.:7 n: ,,~ ~\ s >6 \ ~y "i --- ®-- EXHIBIT 3 31 A-7 61S ~ sE o O~ ~ a ~a ~~ b 9~' g~ ~ A },1i0 e ~ f 1 Bi.eE 1 ~ a d # ~€ ~® gs ~Y ~ ~ ~~ ~ ~ ~E o ~~ ~~ i =~ ~ ® , ~~ ---- --~~ ~~~~~, ,1 ~i ~ i ~~ i ~~ ~ ~ i ~ i l ~`"~= I _ ~, ;a ~ ~ ~~ ~..... ~~;;, ~{ 6~1 ~- ~ ~ °~ i >so• f ~ `aa 91:rEf €aa ~ ~~1 1 a ~ } ~3~gg~ 1 ] ~isi } Ya~E:F ~... ~ 9 1 ~ i ~ ~ ~ i 1`:a.<9 ~ t~i.,9 ~ ~_a.,9 1 ii~! ! k ~ a ty± ~z3 € 4 ~t. ea 33 3 ~: gg a $1 SA5 a~ € `~ ~ m e Ye°~p~~~e le g Ct ~ gL ~ 3y~I€ a V oo ~ I I ~ ?~ ~ s i9 ~4~~~~~ ~ 1 M ~ .. . . 9 ~~ ~ ~® ~~~ ~~~ ; ~4 ~~ ~ ~9 .. y ~~ y ~C~ 555555 ~ ~ _ _ uw"aT i q L~ ~ ti ~i <- e- <- F «- a ~ a 0 0 y "€ S ~~ ®~ ~~~ w~ 8® ~ ~I EXHIBIT 4 31 A-8 ~l IIiIR ~ ~ V5} ~ ~ r C~ ~ F $" y9 ~!I ' tl i ; ~ MM I p i ..~ ~a. ~ r `@'~ 15 ~ ~Q F ~~~ ~ ~ a i~ s ~ p ~. B ~{"~~' `~ y~0 ~Sd} } } feel a alit ~ ~ g a ~I } a } g ~ t ~~ szf i },1~-:, } ~}3 a } i~~~ed }} a ~ k } 9J.eE } ~ a a $~33 dp ~8 .\ 1\ ~~e~~p~~ ~dB}~~; } ~~~~~~ls3~~°li_ ~ 4~ tl ~ep¢ 9~ 9~- t§t l~~~~~0~p ~ ~ t~~} ~ ~~}i} ¢Qi~$g 51 as p s2 ~~ §~ y¢ ~~ s„ ~oooooo©ooo ~I 3 W t ° R I f ~ ~ II II EXHIBIT 5 31 A-9 KO- 6/26/07 RESOLUTION NO. 2007-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-09 AS CONDITIONED TO ALLOW THE AFTER HOURS OPERATION OF THE RESTAURANT LOCATED AT 2800 NORTH MAIN STREET, SUITE 868 BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2007-09 to allow the after hours operation of the restaurant located at 2800 North Main Street, Suite 868. B. Conditional Use Permit No. 2007-09 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 25, 2007. C. Pursuant to Santa Ana Municipal Code Section 41-365.5 properties within the C1 district allows, with a conditional use permit, eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line." D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed after hours license will provide an additional amenity to the restaurant and thereby benefit the community by providing extra hours of food service at the eating establishment. Conditions have been placed on the conditional use permit which will mitigate any potential impacts created by the use and ensure that the eating Resolution No. 200730 Page 1 of 7 31A-10 establishment will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed after hour license at EI Torito will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The extended hours will be in conjunction with the sit-down eating establishment that will be completely enclosed. Additionally, the adjoining residential developments are separated from the eating establishment by a surface parking lot and an arterial street. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is a large regional mall that is suitable for the proposed use. The additional hours of operation for EI Torito should increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. The use will help to further emphasize North Main Street as a commercial district. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant with an after hours conditional use permit pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. The extended hours of operation will provide a dining service to the residents of Santa Ana. Additionally, the property is located within the District Center (DC) general plan land use Resolution No. 2007-30 Page 2 of 7 31A-11 designation which emphasizes the area as a major commercial corridor for the City. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2007-9 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-09, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow the after hours operation of the restaurant located at 2800 North Main Street, Suite 868. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated June 25, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of June, 2007 by the following vote: AYES: Commissioners: Alderete, Betancourt, Leo, Mill (4) NOES: Commissioners: None (0) ABSENT: ABSTENTIONS: Commissioners: Commissioners: De La Torre, Munoz (2) Gartner (1) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee Otto Assistant City Attorney Resolution No. 2007-30 Page 3 of 7 31A-12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-30 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 25, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-30 Page 4 of 7 31A-13 Conditions for Aoaroval for Conditional Use Permit No 2007-09 Conditional Use Permit No. 2007-09 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannino Division 1. The project shall remain in compliance with Site Plan Review (DP No. 07- 4). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The hours of operation for the facility shall not extend past 1:00 a.m., seven days a week. B. Police Department 1. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 2. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the wntrol of the licensee. 3. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 4. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. Resolution No. 2007-30 Exhibit A Page 5 of 7 31A-14 5. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 6. There shall be no live entertainment, amplified music or dancing permitted on the premises at any time. 7. Noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 8. Existing restaurant and required parking within 60 feet must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 9. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 10. Window displays and racks must be kept to a maximum height of three feet including merchandise. 11. Atimed-access cash controller or drop safe must be installed 12. Interior displays and racks must be kept to a maximum of five feet including merchandise. 13. Install a silent armed robbery alarm. 14. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. Resolution No. 2007-30 Page 6 of 7 31A-15 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2007-30 (Conditional Use Permit No. 2007-09) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Art Rodriguez & Associates 709 East Colorado Boulevard, #200 Pasadena, CA 91101 Sofia Gonzales Real Mex Restaurants 5660 Katella Avenue, Suite 100 Cypress, CA 90630 Deepa Patel MainPlace Shoppingtown, LLC 2800 North Main Street, Suite 775 Santa Ana, CA 92705 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-30 Page 7 of 7 31A-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: CONDITIONAL USE PERMIT NO. 2007-12 TO ALLOW A THRIFT STORE AT 1800 NORTH GRAND AVENUE, SUITE S, IN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT - GOODWILL INDUSTRIES, APPLICANT " CITWv1ANAGER ~ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2007-12 as conditioned. PLANNING COMMISSION ACTION On June 25, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-12 as conditioned by a vote of 5:0 (De La Torre and Munoz absent) to allow a thrift store for Goodwill Industries within the Planned Shopping Center (C4) zoning district at 1800 North Grand Avenue, Suite B. The Planning Commission modified a condition to not allow any donations of goods at the subject site (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ~_/~ J Trevino Executive Director Planning & Building Agency VF:rb vc\reporte\cup0]-12 Goodwill.cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 25, 2007 TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2007-12 TO ALLOW A THRIFT STORE FOR GOODWILL INDUSTRIES AT 1800 NORTH GRAND AVENUE, SUITE B, IN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT Prepared by Vince Fregoso \` Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning M Hager Adopt a resolution approving Conditional Use Permit No. 2007-12 as conditioned. DISCUSSION Request of Applicant Goodwill Industries is requesting approval in order to operate a thrift store within at 1800 North Grand Avenue, Suite B. required to operate a thrift store in the zoning district. Property Descri tion of a conditional use permit an existing building located A conditional use permit is Planned Shopping Center (C4) The project site is approximately 14 acres in size and is located on the northwest corner of Grand Avenue and Seventeenth Street. Five buildings consisting of approximately 191,225 square feet of commercial, retail and restaurant uses currently exist on the site. A total of 650 parking spaces have been provided for the uses. The property is zoned Planned Shopping Center (C4), which is consistent with the General Plan Land Use Designation of General Commercial (GC). The project site is bounded by retail and single-family residential uses to the north, retail to the south and east, and retail and multi-family residential to the west (Exhibits 1 and 2). EXHIBIT A 31 B-2 Conditional Use Permit No. 2007-12 June 25, 2007 Page 2 Project Description Goodwill Industries is proposing to operate a premium concept retail thrift store within an existing 17,000 square foot tenant space at 1800 North Grand Avenue, Suite B. The proposed business differs from existing Goodwill retail store operations in that this store will involve the sale of products similar to upscale factory and clearance type merchandise typically found at department stores. The project will require tenant improvements within the existing building in order to create the retail and storage areas necessary for the business operations. No exterior changes are proposed to the building. Hours of operation for the facility will be from 8:00 a.m. to 9:00 p.m. seven days a week (Exhibits 3 and 4). Analysis of the Issues A conditional use permit is required for thrift shops operated by nonprofit or government-subsidized organizations. Goodwill Industries is known for providing employment opportunities and training for people with disabilities and other handicaps at their facilities. To avoid possible adverse impacts associated with the thrift store use, staff is proposing a series of conditions that will assist in mitigating any negative impacts associated with the operation of the facility. It is not anticipated that the proposed thrift store, in conjunction with the proposed conditions, will create negative impacts to the surrounding businesses or residential community. The applicant is required to upgrade the existing site by bringing the parking lot lighting into closer compliance with current commercial development standards. The thrift store use will provide a long-term social benefit to the community as the use functions as a typical retail establishment. Additionally, no adverse impacts are anticipated as a result of the project's approval. At the time of this report, there appear to be no code enforcement violations on the subject site. Therefore, based upon the analysis of the project and its compatibility with the General Plan, findings and conditions of approval, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-12 as conditioned. 31 B-3 Conditional Use Permit No. 2007-12 June 25, 2007 Page 3 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 Categorical Exemption allows the permitting and operation of existing structures that involve no expansion. Environmental Review No. 2007-82 will be filed for this project. `-!' Vince Freg Senior Pla. VF:jm vc\repor[s\cup09-12 Goodwill.pc 31 B-4 R1 $ R, R7 nt cs q qz q, I I II R1 I 1 R1 R1 Y ~ C5 I Rt li ~I ii Al ry ii I u ~ R1 j qt I , q II II II U ~ C5 ~ _ ______ _ R1 o R1 R1 °`'^"" S~yFR7 et 60-A1-7200 , s I R1 R1 ~~ R1 BE ~ g R1 R1 R1 Ri R1 saptazoo a w, ~ R1 R7 R1 , oo-at-7200 o R1 YR1 d R1 ' °A q2 R2 & R, R1 I Rl q1 -A1 ,e. x i h Rz qz 0 .,, R1 R, R, C5 C5 "a A R, R, a eozoo Ly ~ q D a R7 R1 Pz .,~° At pt x b s . q2 i ~ a » R7 R1 R1 R7 - A7 - - ~ R7 p Rl Rl ~. ~ R7 R1 3 qt ` I • w ~ ~ \ .. p;.~. co.xt.rzoo A7 zx ~ R1 R1 ~ w e x 1 D ~ A R1 Al R, PRO JECT' b q„z~ A, 8 be ' q, R7 SI R1 1L ~ o R1 a C - Rt-7zoo e s $ E R4 q1 B R1 Rt R R2 I P ~ ~ g we ~~ ' t ~ ' R, ~ PIAY(q C4 ~ R2 w I -~I.,~ - ~.. P1-B qhB cs ~x3 R "' : SD-73 c,-w cs _ ~ _ C7 ' cC5 ~ C1 R 1 ~ P P CS C5 ~ ~ ~ 6 - - 17 tH ST. _ xa *t ' / i z,., cs ~ C5 i C5 CS R fl1 qt Cl ~ _ a. 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R3 ~ D T A I ~ g ~xi~ 1 ~."` g 4 , .e, ~, ~ t ~1 \ ,w tdz' w~MV so SpNtPP M2 \ 0 R3 SD-21 R1 R, R, P ^ n z~-ir~ AD Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT Ct COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILV RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAW INDUSTRIAL R3 MULTIPLE-FAMILV RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS Rd SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS'VILLAGE 0 OPEN SPACE RE RESIDENTIAL EBTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL BP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT __ ~ ; CUP 07-12 GOODWILL INDUSTRIES -~~ 1800 NORTH GRAND AVENUE, SUITE B ~ - - =500 FEET 1' = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3~~I~T 1 S H O P P I N G C E N T E R 2 - S H O P P I N G C E N T E R -+ W J Z Q W m a U w s o ~ ~' PARKING Z ~ Q ~ U U (} O S H O P P I N G ~+ CENTER f fl E T A I L COMMERCIAL SHOPPING CENTER SEVENTEENTH STREET R E T A I L CUP 07-12 s~~" GOODWILL INDUSTRIES ~\ -- 1800 NORTH GRAND AVENUE, SUITE B ~ P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B-6 F}P LL< K~ 0 0 0 s t w s NLLN34i53a Ali W Vi 313N15 - a '9NINOZ Ia-q 3N~ 3a» 4 a ~ ~ o ~~ 33N1 ~moa3wwm wiaazav - so 'oNiNOz ~L~~~~~~~~~~~ 3N~ 3a» I ~ i~ 1 j ~~ I N ~~~" I ~~ N Z O W o ~ ~ a p ~ ~ ~ J O ~ ~ Lu Q ~~~ ~~o a w -_ - o Z ~ yK~ ~ Y ~ w uWf O LL w L` ~ ® ~~,, P O O ~ ~ w o o ~ ~ °~ a C ~ O E s Z m4 s 3 ~ a --- - ~ QQ J ~p Ny' ~ Z ~ a a _- Q ~ o zviaa3wwoo C ~vinaznv - S7 '9NiN03 L-~ w U N LL C U/-l! BIT 3 E 11~7~i~ 3/~V ONHb9 N OOFI ~ p z o Y~§~ ~,~ 1~u5~ano~dwi 1vvNal ' Q ~~ o ;~~lI€' l~1Nf10~ 39Nd210 ~0 0 ~ o 0 1-I n ~,~ ~i a. 4 ~~~#FZit ~ ,~~,,, S3I2ilS(IdNI llIMa00J '~ ~i a mi m ~ a ~'O ° LL Q ~~~~' ~~ ~ 03 33 i ~ 4 1 o J ~ ~ ~> ~~ _<~ ~ ~ i ~ ~ \ i e YGALJ .O-.L I _ P - J _ 0 ~ >1 oq m µ ~µ ~~~ S 0 W NN W 3FJ~~ - ~ ,~ ~ g0,u J ssso i ~ o=x~ i ~'~ W ~ ~6z'~ ° - ~~ ~ ~ s ~ ~ o~~~ J x w ~o ~'~s o LLi p O hF jj0~ 4~;V O tP ~ r 8pj LL O bJ am eV Vl£ e 'j ~o ~ ~' ~ V r a ~ \£s,>r ~~ W ( ~ ~ 0 4 ~ O 6 ~ JiV ~~ ~~~ sa, ~ _. so. ~.; ® VV '~ __~ ao g y0 J`~ ic0 u Y l\ m \ gWLL EL~ ~ p $ y _ &_~ ~ u~t _-~_____ _ I ___ _ __ _ _n ~ ~ ~~~, ~° ~~ O _y O~ 0, - OI ° ii o d~a p arv F ~,j ~ \\~~ ~~-~ 2 BIT 4 g 8 O w S 0 z a w Z Z s N W f Z F- '~ z O J W W N S 0 n KO- 6/26/07 RESOLUTION NO. 2007-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-12 AS CONDITIONED TO ALLOW THE OPERATION OF A THRIFT STORE AT THE PROPERTY LOCATED AT 1800 NORTH GRAND AVENUE, SUITE B BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2007-12 to allow the operation of a thrift store at the property located at 1800 North Grand Avenue, Suite B. B. Conditional Use Permit No. 2007-12 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 25, 2007. C. Pursuant to Santa Ana Municipal Code Section 41-412 a conditional use permit is required to operate a thrift store in the Planned Shopping Center (C4) zoning district. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The Goodwill thrift store will provide a service to the area by selling secondhand products at a reduced price to the economically disadvantaged of the community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Resolution No. 2007- Page 1 of 6 31 B-9 The proposed thrift store will not be detrimental to the welfare of persons in the area as the use is identical to retail uses in the immediate vicinity and will be conditioned to be conducted within an enclosed building. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project will help the stability and future economic development of the area by keeping a building leased with long-term tenant that provides products and services to handicapped and underprivileged members of the community. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project will comply with all applicable city codes and standards pertaining to the thrift store use. In addition, there are no code enforcement violations on the subject site at the time of this report. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The operation of a thrift store within an existing building on the project site will have no affect on the City's General Plan. Thrift stores are permitted within the General Commercial (GC) General Plan designation and are allowed with a conditional use permit in the Planned Shopping Center (C4) zoning district. There are no specific plans in the immediate area. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 Categorical Exemption allows the permitting and operation of existing structures that involve no expansion. Environmental Review No. 2007-82 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-12, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow the operation of a thrift store at the property located at 1800 North Grand Avenue, Suite B. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Resolution No. 2007- Page 2 of 6 31 B-10 Request for Planning Commission Action dated June 25, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of June, 2007 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill (5) NOES: Commissioners: None (0) ABSENT: Commissioners: De La Torre, Munoz (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-29 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 25, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007- Page 3 of 6 31 B-11 Conditions for Approval for Conditional Use Permit No 2007-12 Conditional Use Permit No. 2007-12 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division Comply with Development Review Committee comments for Site Plan Review DP No. 07-32. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. There shall be no outside storage, outdoor sale, or collection of goods inside or outdoors at the subject property. All temporary outdoor sales and activities shall be in compliance with Section 41-195 of the Santa Ana Municipal code. 4. There shall be no outdoor storage, sales, collection, or private auctions of motorized vehicles as part of the thrift store operation. The conditional use permit will be reviewed in six months by the Planning Division to ensure compliance with the conditions of approval. B. Police Department The existing suite and parking lot within 60 feet of the suite must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, doodwindow locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of Resolution No. 2007- Exhibit A Page a of 6 31 B-12 graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. The cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise. 6. There shall be no coin operated games or pool tables maintained on the premises at any time. 7. All pay telephones shall be located inside the premises. 8. The applicant shall be responsible for maintaining the premises free of litter and graffiti. 9. The conditional use permit shall be reviewed at six months, one year and then annually thereafter by the Police Department for any modifications to the conditions of approval. Resolution No. 2007- Page 5 of 6 31 B-13 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2007-29 (Conditional Use Permit No. 2007-12) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Mike Easton Jonathan Quinn E.P.C.C. Inc. Rohrs Investment Company 1900 East Warner Avenue, Suite M 4675 MacArthur Court, Suite 1600 Santa Ana, CA 92705 Newport Beach, CA 92660 [ j I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007- Page 6 of 6 31 B-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: TENTATIVE PARCEL MAP NO. 2007-03 (COUNTY MAP NO. 2006-212) FOR OFFICE CONDOMINIUMS AT 1508 EAST WARNER AVENUE - 1508 BROOKHOLLOW, LLC, APPLICANT -~ CIT ANAGER 6 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2007-03 (County Map No. 2006-212) as conditioned. ZONING ADMINISTRATOR ACTION On June 27, 2007, the Zoning Administrator adopted a resolution approving Tentative Parcel Map No. 2007-03 (County Map No. 2006-212) as conditioned to create two condominium units within a single building at the Brookhollow Office Park in the Specific Development No. 8 (SD-8) zoning district at 1508 East Warner Avenue. The Zoning Administrator amended Planning Division Condition No. 1 to exclude Public Works Agency conditions pertaining to off-site improvements on property not owned or controlled by the applicant (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Jay M. Trevino ~~- Executive Director Planning & Building Agency BA:rb ba/reports200"1/tpm09-03 Brookhollow.cc 32A-1 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: JUNE 27, 2007 TITLE: PUBLIC HEARING - FILED SY 1508 BROOKHOLLOW, LLC FOR TENTATIVE PARCEL MAP NO. 2007-03 (COUNTY MAP NO. 2006-212) FOR OFFICE CONDOMINIUMS AT 1508 EAST WARNER AVENUE Prepared by Bill PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Manager RECOMMENDED ACTION Adopt a resolution approving Tentative Parcel Map No. 2007-03 (County Map No. 2006-212) as conditioned. DISCUSSION Request of Applicant Barnet Resnick, representing 1508 Brookhollow, LLC is requesting approval of a tentative parcel map to create two condominium units within a single building at the Brookhollow Office Park. Property Description The subject site is located within the 34.7-acre Brookhollow Office Park that currently consists of 24 parcels and eight common area lots. There are 25 buildings within the office park encompassing 399,516 square feet. The office park is governed by Covenants, Conditions and Restrictions (CC&Rs) controlled by a Master Association. The property has a zoning designation of Specific Development No. 8 (SD-8) and a General Plan Designation of Professional and Administrative Office (PAO), which allows a Floor Area Ratio (FAR) of 0.50. The property is also designated by the General Plan as a Major Development Area. Surrounding land uses include industrial and commercial development to the north; commercial uses and the Costa Mesa (SR-55) Freeway to the south; office uses and the Costa Mesa (SR-55) Freeway to the east; and a Southern California Edison primary distribution station, industrial and hotel/motel uses across Grand Avenue to the west (Exhibits 1 and 2). EXHIBIT A 32A-2 Tentative Parcel Map No. 2007-03 June 27, 2007 Page 2 The subject site consists of one parcel within the office park totaling 1.30 acres. There is a single office building on the parcel totaling 17,855 square feet. Access to the site is from Brookhollow Drive, a private street that provides access to parcels within the Brookhollow Office Park. Project Descrivtion The applicant is proposing a tentative parcel map for condominium purposes that would subdivide the airspace within an existing office building into two condominium units (Exhibit 3). There is no subdivision proposed for the underlying parcel. Property outside the walls of the office building will consist of common area, landscaping, access and parking for the office condominiums. The project will be governed by the Master Association within the Brookhollow Office Park. A sub-association will be created, comprised of the owners of each of the condominium units and a separate entity to act as an arbitrator should there be a dispute between the owners of the two condominium units. Analysis of the Issues The map is being filed for condominium purposes, which will allow the air space within the single office building to be subdivided into two condominium units and sold to individual buyers. There were no major issues identified with the proposal or impacts to adjacent properties or the environment identified. Covenants, Conditions and Restrictions (CC&Rs) addressing site drainage, reciprocal access, landscaping, dispute resolution, maintenance, and utility easements will be recorded prior to approval of the final map. The recording of the final map is necessary before units can be sold within the office building. The subdivision is consistent with the City's General Plan and complies with the Subdivision Map Act and Chapters 34 and 41 of the Santa Ana Municipal Code. No variances are required for the proposed project. Based upon the above analysis and findings, staff recommends that the Zoning Administrator approve Tentative Parcel Map No. 2007-03 (County Map No. 2006-212) as conditioned. 32A-3 Tentative Parcel Map No. 2007-03 June 27, 2007 Page 3 CEQA Compliance This project was reviewed in accordance California Environmental Quality Act. The further review pursuant to Section 15301. the division of commercial and industrial ownership, where no physical changes o Environmental Review No. 2006-128 will be 23,~.~c~ a.,~2~_ Bill Apple Associate Planner BA:jm ba/report s200]/tpm0]-03 erookhollow.za with the guidelines for the recommendation is exempt from This Class 1 exemption allows buildings into common interest ccur. Categorical Exemption filed for this project. ~ ~ - ~~_. Vince Frego o, AIC Senior Plan r 32A-4 JUUU Rl R1 Rs,..x REw ,~. R7 R7 M1 M1 SD-69 M1 SD-69 M1 R1 R7 ~ Rt ~ R1 , q1 R1 R1 SD-69 ° M1 ~@`c M1 Rt ~ R1 R1 R1 R1 R1 M1 M1 M1 M1 a M1 ~ b R7 R1 R7 ~ M..w~.~. ~ aR M1 ER AV CuY or Tustin R2 "`° R2 SD~-8!~,~'w uow o~°PF i~ yq u ~r \ N ll II • 4p R1 I ci e., R2 M1 M~ I ° SD 8~ ~ I M1 . . PROJECT SITE 'I l,~" '` R2~,,.. cl i cl R2 ~._ .:' \ ~ qZ \ - so '.-' R2. q2 ` 8 ri ~~ R2 PRO SD-12 _~r SD-8 M1 Rz ~ ->, M1 M7 ~i M1 ~~~P w _~ SD-63 iry M FQ M7 M1 Sri by M1 r rr / - I` SD-12 g6 M1 i I - - DYER RD. ---- M~ / ii C5 ~ II I I___ I r--' I I ~ '~> M1 M1 M2 M1 ~ ~ SD-6~ ~ P 'wo P M1 i M1 G P p M1 ' ~o~ At GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Po SINGLE-FAMILY RESIDENCE Ct-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENEPALCOMMERCIAL M2 HEAW INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS Rd SUBURBAN APARTMENT C&A CENTRAL BUSINESS-ARTISTS'VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE Cd PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT _, PM 07-3 ~ 1508 BROOKHOLLOW, LLC ~ 1508 EAST WARNER AVENUE. - -=SDDPEET 1" = 1 D00 FEET ' P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3 FsXjiIBjT 1 W `~ INDUSTRIAL ~ 2 O F F I C E W w Q U BROOKHOLLOW _ DRIVE z o ~ `° ~ 4 ~ ' r ~KT y r ~ O x m yy~~y S ~RIk ~ 1~Y ~ '. m ~ ~ nw ~~~"'r ~Q ~ ~ ' vI ^# t ' ~q , ~ 2 s < Z ~'i, ~ O ti O W ~ ~~ Q OJ O F F I C E Q O F F I C E 5 ~G ~ Q y~ OFFICE O v Ov ~ ~ O e° m V A C A N T PM 07-3 ~a, 1508 BROOKHOLLOW, LLC - 1508 EAST WARNER AVENUE. P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 32A-6 ~~~Y 8 x ~~ [ e ~ ~~ ~ ~ ~ ~~ ~a~ e_ L ggg5 C €q d 3~$ ~~ee i; ~ ~k a a gFg~~ Ea ~ X 3 g°g~ A~g gC$~ g I ~§ $ Y Y ia~ 8 5 ~ ~ ~ x n q~4G ~~ 'i' g a 8~ 8&~ ~.°'9 €& yay a '~¢ ~ ~~ h C• P a 5~~~~ gt ~ p5 3a ~SSs q~9 a ~3~~ o5d~ ~ ~,: ~ k~ q n F~Y~h pEp9 Y Y a k~ ~8k b~ i~ ";e 4~ ee~~Y~ tFeq ~ r~r ~ ~o g ~ ~xya4 4~ $q n ~ e 8n~ ~ ~~~ ~,h 8 8 E pp pp y ~„ a he k ~Y ~~ 4~~`.~ o6~laE ~GeP yy~E ; $C~C g ~~;4 ~ gY a$ ~ 3 A ~ $St A bre ~ ~c~ e S 8i E~ d'~ ' 3 ~ ~.f~~ E ~ > '~ k@ $A b~ t~eee H p ~ E y b F~ pe ~p5 p} F rtr ~a nx___~ a~° y3 g:e ~'d t sky ~~ A es ~'E < ~ t2'6 o Ft' a r ~Aa Y4 ~~ pps~ ~.. ~b~k _~ 2~ ~ ~ ~Y E E•r~~' ~~> ~E q 3 65~ Fi ~ ~ s E 8 ~ d 1 °' ~ 88 ~&ica"rY $€s~'tp a g§ ~55x a i r ya ~ ri ~ ~ Mii ~'4e 4 ~ 5aY ~ ~ x ~ ~ ~ ~ 9 g k s 5 ^yyke_`g~~ ~"g' 8di ;! a'pp 2'@@ a~ h ~ 9,k~ ~~tr 4 $ ~ i:dE=8 l~~ia'e~ sYx ; ~ ~ e6dF 8i ~~ 4h ~ ~ Y~R Begqs ~ 3 ~ e~} ~ ~~~ I (~ B~ ~~` ~ p =' K .~~ a.E g ~ a b~fi ~ ~~Y k ~8 tz ~jd~ pal 1J'( w O O ., .i ~h9e mtiht a: GR Oi ~?~GM I,LLR7 t ~3E ! Y It~~a °~ Ry 3'p~.Y .: I:: , F 1 i R $ Y p y~~ ~ ~t ~. ~1 l '. Is 1G7 9^ gy ~ ~2f X11 ..a..- ~.:,_~ _ -r ^'I i ~ ~ I •~ ~<: ~s"i i~ ~:~ t ~ ~ I SZtQp2 \ ~ / P r . I ~ } / ~ ~ Q ~ a " // }' i i i , ~~_ ~ ~ / •~ ~ i I ~~ w v `.. ~ ~'~' ~~ ~~ ~ 1, i. \ ~ e I } J p p iy g \~ ~ '~"' ~° ~~~. vy ~,e; 3$, ~ ._~ ~ ~~ ~~~ _ .„ i ~ "~ -a dla1 i.,; r a. ~''.. ~ II r _ ~ ~ I I I ,I 1~ ~~ --~~ ~>r.~..,. ~ ~ ~ ~ F ~ I I ~ s+w roYOOrxv~vo _-~~ ~ elol _ --- -- .~~~ S LCP, 7/02/07 RESOLUTION NO. 2007-05 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2007-03 (COUNTY PARCEL MAP NO. 2006-212) TO CREATE TWO OFFICE CONDOMINIUM UNITS AT 1508 EAST WARNER AVENUE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of a is requesting approval of Tentative Parcel Map No. 2007-03 (County Map No 2006-212) to create two office condominium units within a single building at 1508 East Warner Avenue. The subject site is located within the 34.7-acre Brookhollow Office Park that currently consists of 24 parcels and eight common area lots. There are 25 buildings within the office park encompassing 399,516 square feet. The subject site consists of one parcel within the office park totaling 1.30 acres. The applicant is proposing a tentative parcel map for condominium purposes that would subdivide the airspace within an existing office building into two condominium units. There is no subdivision proposed for the underlying parcel. Property outside the walls of the office building will consist of common area, landscaping, access and parking for the office condominiums. B. Tentative Parcel Map No. 2007-03 (County Map No. 2006-212) came before the Zoning Administrator of the City of Santa Ana for a public hearing on June 27, 2007. C. Santa Ana Municipal Code Section 34-126 authorizes the Zoning Administrator to approve a tentative parcel map after making findings. 1. The proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision is consistent with the Professional Administrative Office (PAO) land use designation and all other elements of the General Plan and the provisions outlined in Chapter 34 for the subdivision of property. The project is located within the Specific Development No. 8 (SD- Resolution No. 2007-05 Page 1 of 4 32A-8 8) zoning district which is consistent with the General Plan designation of Professional Administrative Office for the Brookhollow Office Park. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes, as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the provisions of the zoning code with respect to landscaping, setbacks, parking, lot size and frontage. No variances are required for the project. The subdivision is also in compliance with Chapter 34 of the Santa Ana Municipal Code and the State Subdivision Map Act which governs the subdivision of property in California. In addition, Covenants, Conditions and Restrictions (CC&Rs) addressing issues such as drainage, reciprocal access, landscaping and maintenance will be recorded prior to approval of the final map. 3. The project site is physically suitable for the type and intensity of the proposed project. The map is being filed for condominium purposes, which will allow the air space within a single office building to be subdivided into two separate condominium units and sold to individual buyers. The building on the project site is existing and was constructed in compliance with City development standards and the standards outlined in the California Building Code at the time of construction. There is no new construction proposed as part of this project; therefore, the site is suitable for subdivision for condominium purposes as proposed by the applicant. Any future development will comply with the provisions of the City's zoning code. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. The project site is located in an urbanized area. There are no known fish or wildlife populations, wetlands or unusual flora or fauna on or around the project site. Since the building on this site is existing and there is no further subdivision of the underlying parcel, the proposed subdivision for condominium purposes will not cause any substantial environmental damage or substantially and avoidably injure to fish and wildlife or their habitat. Resolution No. 2007-05 Page 2 of 4 32A-9 5. The design or improvements of the proposed project will not cause serious public health problems. The subdivision of this property for condominium purposes will not have any detrimental effects upon the general public. All improvements on the property currently exist and comply with City standards pertaining to sewer, water, utilities and infrastructure. This is an existing site with existing improvements which have not caused any previous public health problems. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The subdivision will not conflict with easements necessary for public access, since public access is provided from Grand Avenue onto Brookhollow Drive and will not be changed as a result of this project. The project shares common driveway access with the property immediately to the South. Covenants, Conditions and Restrictions (CC&Rs) will be recorded for the project, as well as necessary ingress and egress easements and agreements to insure that public access to the site is maintained. D. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15301), the project is exempt from further review. The Class 1 exemption allows the division of commercial and industrial buildings into common interest ownership, where no physical changes occur. Categorical Exemption Environmental Review No. 2006- 128 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Tentative Parcel Map No. 2007-03. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Zoning Administrator Action dated June 27, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27s' day of June, 2007. Sergio Klotz Zoning Administrator Resolution No. 2007-OS Page 3 of 4 32A-10 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lorena C. Per3aloza Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2007-05 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on June 27, 2007. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2007-05 Page 4 of 4 32A-11 Conditions for Aaaroval for Tentative Parcel Maa No 2007-03 Should Tentative Parcel Map No. 2007-03 (County Map No. 2006-212) be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below ria or to exercising the rights conferred by this tentative parcel map. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. Failure to comply with each and every condition may result in the revocation of the parcel map. A. Planning Division i . Comply with Development Review Committee comments, as aoplicable to the applicant, outlined in the letter dated September 12, 2006, and September 27, 2006, for Site Plan Review DP No. 2006-59, excluding Public aatea ~eatemoer li LUl)6 oertainina to off-site improvements. (Modred by the Zoning Administrator on June 27, 2007.) 1. Provide an exhibit showing all landscape areas for the project and showing the location and species of trees on the project site. The project, at minimum, shall retain the number of trees and amount of landscaping existing at the time of City approval. Landscape areas shall be maintained by the association and the landscape exhibit recorded as part of the CC&Rs for the project. The project, at minimum, shall retain the number of trees and amount of landscaping existing at the time of City approval. Landscape areas shall be maintained by the association and the landscape exhibit recorded as part of the CC&Rs for the project. 2. Each condominium unit created by this map shall have their own electrical meter, which shall be maintained within the building or condominium footprint and shall not be installed on the exterior of the building. All other utility meters must be screened from public view with landscaping or materials approved by the Planning Division. 3. Covenant, Conditions and Restrictions (CC&Rs) shall be created for the project and approved by the City prior to recording of the final map. The CC&Rs shall establish a master association for the project that will be responsible for the operation and maintenance of all common areas. The CC&Rs shall address issues pertaining to reciprocal access with the Exhibit A Page 1 of 2 32A-12 property to the south, site lighting, irrigation, landscaping, paving, fencing, parking, architecture, drainage, screening of roof mounted equipment, dispute resolution, easements to maintain fire department access, hydrants and fire protection equipment and restrictions pertaining to outdoor storage and equipment. 4. The project shall continue to function as an integrated development. No fences will be permitted in the common area or across drive aisles for the purpose of creating yard areas for individual condominium units. 5. All pot holes, raised paving and broken curbs within the boundaries of the map shall be repaired and parking areas slurry coated and restriped to City standards as part of a normal maintenance program. 6. Two copies of the recorded final parcel map and City approved CC&Rs shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 7. The tentative map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the design standards and specifications of the City of Santa Ana and at the requirements of the State Subdivision Map Act. 8. All development within the area of the map is subject to development and other applicable fees including permit fees in effect at the time of permit issuance. 9. All development within the area of the map is subject to all design and development standards in effect at the time of building permit issuance. Exhibit A Page 2 of 2 32A-13 32A-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: CLERK OF COUNCIL USE ONLY; PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2007-02, ZONING ORDINANCE AMENDMENT NO. 2007-03 AND ORDINANCE AMENDMENT NO. 2007-01 TO AMEND THE GENERAL PLAN OF THE CITY AND TO CREATE STANDARDS FOR NON-RESIDENTIAL CONDOMINIUM DEVELOPMENTS WITHIN CHAPTERS 34 AND 41 OF T>jIE SAN/TEA ANA MUNICIPAL CODE C```I~~~T'''Y MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution approving General Plan Amendment No. 2007-02. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-03. 3. Adopt an ordinance approving Ordinance Amendment No. 2007-01. PLANNING COMMISSION ACTION On June 11, 2007, the Planning Commission recommended that the City Council adopt a resolution approving General Plan Amendment No. 2007-02, adopt an ordinance approving Zoning Ordinance Amendment No. 2007-03, and adopt an ordinance approving Ordinance Amendment No. 2007-01 by a vote of 5:0 (Betancourt, De La Torre absent) to adopt standards for non- residential condominiums within Chapter 34 and Chapter 41 of the Santa Ana Municipal Code and to amend various elements of the General Plan. Since the approval of the ordinance by the Planning Commission several changes were made to the ordinance to address the concerns of affected property owners. These changes involve the elimination of the section addressing off-street parking and placing it instead in the list of items for which a waiver may be requested and further clarification on compliance with building code requirements (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja Trevino Executive Director Planning & Building Agency CR:rb - cr\reporte\9pa0~-02 zoa0Z 03oa0Z O1.OV160~.cc 75A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 11, 2007 TITLE: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2007-02, ZONING ORDINANCE AMENDMENT NO. 2007-03 AND ORDINANCE AMENDMENT NO. 2007-01 TO AMEND THE GENERAL PLAN OF THE CITY AND TO CREATE STANDARDS FOR NON-RESIDENTIAL CONDOMINIUM DEVELOPMENTS WITHIN CHAPTERS 34 AND 41 OF THE SANTA ANA MUNICIPAL CODE Prepared by Carlos Rodriguez '1 Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~--~ Planning Mana r 1. Rdopt a resolution approving General Plan Amendment No. 2007-02. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007- 03. 3. Adopt an ordinance approving Ordinance Amendment No. 2007-01. DISCUSSION Back round A recent real estate trend includes the subdivision of commercial and industrial centers into air space condominium units. Each condominium unit is owned by an individual owner instead of having one person or entity owning the entire property. Currently, the Santa Ana Municipal Code contains guidelines for residential condominiums but does not contain standards for commercial or industrial condominiums. The City is interested in implementing standards that adequately address items that result in quality projects and development. Additionally, these standards would reduce the potential for future site issues due to the complexity of numerous individuals owning units within a commercial or industrial project. EXHIBIT A 75A-2 General Plan Amendment No. 2007-02 Zoning Ordinance Amendment No. 2007-03 Ordinance Amendment No. 2007-01 June 11, 2007 Page 2 Analysis of the Issues Air space condominiums allow individual ownership of units created by a subdivision map. This type of development has given businesses opportunities to own their own unit instead of leasing a space and paying rent. A condominium unit is enticing to many businesses as it allows them to avoid continually paying rent while at the same time using the property as an investment. Currently, the subdivision of commercial and industrial sites into air-space condominiums is allowed by Chapter 34 of the Santa Ana Municipal Code (SANG); however, there are no standards in place for non-residential condominium development. Chapter 34 of the SAMC contains standards for residential condominium projects. Without any standards, the City is unable to adequately address issues that may arise from the subdivision of commercial and industrial sites into condominiums. Potential issues include the lack of landscape, building and site maintenance, and insufficient easements and reciprocal rights for access and parking. Without sufficient standards, once viable and attractive centers can fall into a deteriorated condition due to neglected maintenance and landscaping. A significant number of commercial and industrial projects were built many years ago and will not, therefore, comply with today's development standards. These properties do not meet the requirements of Chapter 41 of the SAMC and thus fall into a non-conforming status. The intent of the non-conforming section of the zoning code is to create a system that over time recycles and transforms non-conforming properties into new developments. Older and substandard commercial and industrial centers are typically the primary candidates for condominium conversions. Many of these older developments do not meet the current development standards for parking, landscaping or building setbacks. Once the property is divided into air-space condos, the opportunity to enhance the site and to meet the current development standards is lost. With numerous owners, the ability to consolidate the site is decreased as a developer would need to purchase each unit from an individual owner. This usually results in the site staying as is with no upgrades or enhancements unless there are City standards that require such improvements. 75A-3 General Plan Amendment No. 2007-02 Zoning Ordinance Amendment No. 2007-03 Ordinance Amendment No. 2007-01 June 11, 2007 Page 3 With appropriate standards condominium subdivision projects can give new life to older centers by infusing new investment into what are often marginally tenanted buildings. Without new standards required as a result of subdivision, the economic life of a substandard center will be extended and the project site will remain in an unimproved condition. As the economic life of the development is being extended, the City wants to ensure that the subdivision will maintain the economic vitality of the project site for many years to come. The intent of the municipal code is to create a high quality project that will increase the property value and the economic viability of site and adjoining properties. By upgrading a once neglected site to meet the current zoning standards, the developer will be able to maintain the project site at a higher property value and will allow for the successful resale of the property as it passes through different owners. By having several owners, maintenance issues also need to be addressed for the long term vitality and success of such centers. Landscaping, general building upkeep, and trash clean up need to be addressed to keep the exterior of the center in an appropriate condition. Generally, these items are taken care of by an Owners Association and by property managers who are in charge of the common tenant areas. Requirements for the maintenance of the site are typically found within the Covenants, Conditions and Restrictions (CC&RS) of the site. The CC&Rs should be reviewed by the City to ensure that all items are adequately addressed and that the center will be properly maintained. Also, the CC&Rs ensure that each owner maintains access to common areas and is responsible for their share of the maintenance. Currently, the City has no requirements for such CC&Rs. Several life safety items also need to be addressed. The Police Department needs to ensure that the project site meets the City's requirements for building security as well as ensuring that site lighting is in full compliance with current standards. Additionally, the Fire Department needs to ensure that the site will maintain fire lanes and access to all areas of the site. Fire sprinkler systems will be maintained both within common areas as well as individual units. Lastly, as many of these centers can be older sites, the Building Department needs to ensure that the existing building is safe and accessible. 75A-4 General Plan Amendment No. 2007-02 Zoning Ordinance Amendment No. 2007-03 Ordinance Amendment No. 2007-01 June 11, 2007 Page 4 General Plan Amendment The general plan amendment will amend the Land Use Element of the General Plan. The Land Use Element will contain a Policy Goal that will allow the City to support condominium subdivisions projects based on the site complying with the current development standards. Additionally, Policy 2.8 of the Land Use Element will be modified to encourage rehabilitation of both commercial and industrial properties. Zoning Ordinance Amendment In order to create development standards, staff will amend Chapter 41 of the SAMC. These standards will allow the City to require condominium projects to upgrade the project site in order to comply with the current City standards. This will help to address any life and safety issues, long term maintenance of the site, and to ensure that the project site maintains its economic vitality. Ordinance Amendment This will create the process for the approval of a non-residential condominium subdivision. As there are no current processes for this type of development, the City will create the requirement of a non- residential condominium development permit within Chapter 34 of the SAMC. This permit will be required prior to the approval of any subdivision maps for condominium purposes. Additionally, all non- residential condominium maps will require the review and approval of the Planning Commission and City Council. Policy 2.8 of the General Plan land use element indicates that the City should promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The City should create standards that focus on what on-site improvements need to be completed with the subdivision in order to create a completely upgraded project site. Additionally, Policy 5.11 of the Land Use Element encourages developments that provide a clean and safe environment for the City's residents, workers and visitors. By creating standards that aid in the maintenance of the site, the City will create developments that minimize the potential for safety hazards. Therefore, staff recommends that the Planning Commission recommend that the City Council approve General Plan Amendment No. 2007-02, Zoning Ordinance Amendment No. 2007-03 and Ordinance Amendment No. 2007-O1. 75A-5 General Plan Amendment No. 2007-02 Zoning ordinance Amendment No. 2007-03 Ordinance Amendment No. 2007-01 June 11, 2007 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15305. This Class 5 exemption allows for minor alterations in land use limitations which do not result in changes to density or land use. Categorical Exemption Environmental Review No. 2007-74 will be filed for this project. Carlos Rodriguez Assistant Planner II ~L Vince Freg so, AIC Senior Pla CR:jm cr\repor[e\gpao~-02 zoao~-03oa09-oi.pc 75A-6 bk:6/12/07 RESOLUTION NO. 2007-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2007-02 ADDING POLICIES TO THE LAND USE ELEMENT OF THE GENERAL PLAN 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. General Plan Amendment No. 2007-02 has been filed to amend various sections of the Land Use Elements of the General Plan to support the purpose of the nonresidential condominium ordinance considered concurrently herewith. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on June 11, 2007, on General Plan Amendment No. 2007- 02, and recommended that the City Council adopt a resolution approving General Plan Amendment No. 2007-02. C. General Plan Amendment No. 2007-02 came before the City Council of the City of Santa Ana for a duly noticed public hearing on June 18, 2007. D. These amendments to the Land Use Elements of the General Plan are consistent with the balance of the General Plan, and the various elements thereof. E. Pursuant to CEQA, the City of Santa Ana has adopted Categorical Exemption No. 2007-74 for the adoption of this resolution. Section 2. Based upon the evidence submitted at the above said hearing which includes but not is not limited to: the staff report and exhibits attached thereto; and the public testimony; all of which are incorporated herein by this reference, the City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council hereby, approves and adopts General Plan Amendment No. 2007-02 to add Policies 2.13 and 5.13 to the Land Use Element of the City of Santa Ana General Plan. B. The amended language of this element is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. C. The Land Use Element is hereby amended to incorporate these added Policies, as set forth in the replacement pages to the Element attached 75A'7 Resolution No. 2007-xx Page 1 of 6 hereto as Exhibit "B" and incorporated herein by this reference, and shall be made regularly available by the City's Planning and Building Agency. Section 3. This Resolution shall take effect thirty (30) days after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A~$ Resolution No. 2007-xx Page 2 of 6 AMENDMENTS TO LAND USE ELEMENT OF THE CITY OF SANTA ANA GENERAL PLAN Added to the bottom of page 13: Policy 2.13. Support regulations to attract and retain large and growing commercial and industrial employers in Santa Ana Added to the bottom of page 15: Policy 5.13. Support economic reinvestment in blighted, non-residential properties through condominium ownership provided the property complies with the City's current standards for quality development. ~~'~A9 LAND USE ELEMENT SANTA ANA GENERAL PLAN City of Santa Ana Planning Division Adopted February 2, 1998 The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Council February 2, 1998 (GPA 1997.05): GPA 2007-02 (June 18, 2007), GPA 2006-01 (October 2, 2006), GPA 2005-01 (December 5, 2005), GPA 2005-02 (October 17, 2005), GPA 2004-01 (April 5, 2005, as passed by the voters of Santa Ana), GPA 2004-04 (July 19, 2004), GPA 2004-06 (July 6, 2004), GPA 2003-02 (June 16, 2003), GPA 2003-01 (February 18, 2003), GPA 2002-01 (September 3, 2002), GPA 2002-03 (August 19, 2002), GPA 2001-03 (February 19, 2002), GPA 2001-02 (January 7, 2002), GPA 2000-09 (May 7, 2001), GPA 2000-08 (February 5, 2001), GPA 2000-03 (December 4, 2000), GPA 2000- 02 (November 20, 2000), GPA 1999-02 (October 18, 1999), GPA 1999-01 (August 16, 1999), GPA 1998-04 (October 5, 1998), GPA 1998-05 (September 21, 1998), GPA 1998-O1 (May 4, 1998). EXHIBIT B 75A-10 LAND USE ELEMENT Goal 2.0 Promote land uses which enhance the City's economic and fiscal viability. Policy 2.1 Discourage the intrusion of commercial land uses in industrial areas. Policy 2.2 Support commercial land uses in adequate amounts to accommodate the Citys needs for goods and services. Policy 2.3 Encourage the location of child care facilities within employment centers. Policy 2.4 Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity. Policy 2.5 Balance the economic and fiscal benefits of commercial development with its impacts on the quality of life in the Clty. Policy 2.6 Encourage the creation of new employment opportunities in developments which are compatible with surrounding land uses, and provide a net community benefit. Policy 2.7 Support Projects that contribute to the redevelopment and revitalization of the central city urban areas. Policy 2.8 Promote rehabilitation of commercial and industrial properties, and encourage increased levels of capital investment. Policy 2.9 Support developments that create a business environment that is safe and attractive. Policy 2.10 Support new development which is harmonious in scale and character with existing development in the area. Policy 2.11 Create Class A office space suitable for acquisition of major, high profile tenant in the Downtown Development Area. Policy 2.12 Encourage large-scale office development with ancillary retail in the proximity of the Civic Center Complex, Downtown and Midtown urban areas. Policy 2.13 Support regulations to attract and retain large and growing commercial and industrial employers in Santa Ana. ReviSetl (June 18, 2007) me r~»rar-o~rn so-aer and Main Sheet eras the first wmmercial lot sold in the city (the lot sdtl for $1@(b). 75A-11 LAND USE ELEMENT Goal 5.0 Ensure that the impacts of development are mitigated. Policy 5.1 Promote development which has a net community benefit, and enhances the quality of life. Policy 5.2 Protect the community from incompatible land uses. Policy 5.3 Minimize the impact of future right-of-way expansion on existing development and neighborhoods through the use of transportation system management programs and traffic demand management to relieve traffic congestion. Policy 5.4 Support land uses which are consistent with the Land Use Plan of the Land Use Element. Policy 5.5 Encourage development which is compatible with, and supportive of surrounding land uses. Policy 5.6 Discourage access to commercial and industrial areas by way of residential streets. Policy 5.7 Anticipate that the intensity of new development will not exceed available infrastructure capacity. Policy 5.8 Encourage the placement of education facilities in close proximity to public parks. Policy 5.9 Encourage development which provides a clean and safe environment for the City's residents, workers, and visitors. Policy 5.10 Support a circulation system which is responsive to the needs of pedestrians and vehicular travel. Policy 5.11 Encourage development which does not generate obnoxious fumes, toxins, or hazardous materials. Policy 5.12 Provide appropriate permanent measures to reduce storm water pollutant loads in storm water from a development site. Policy 5.13 Support economic reinvestment in blighted, non-residential properties through condominium ownership provided the property complies with the City's current standards for quality development. Revised (June 18, 2007) 75A-12 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE IX OF AND ADDING ARTICLE XII TO CHAPTER 34 AND ADDING ARTICLE XVIII TO CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ESTABLISHMENT AND CONVERSION OF COMMERCIAL AND INDUSTRIAL COMMON INTEREST DEVELOPMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana has seen a large increase in the number of nonresidential (commercial and industrial) properties that are seeking to convert to condominiums (common interest developments). B. These applications being processed, in general, relate to properties that otherwise could not obtain a tentative parcel or subdivision map because in one or more instances they fail to comply with the provisions of a state statute or city ordinance. C. The unregulated division of large industrial and commercial structures within the city into small, individual condominiums is contrary to the goals and policies of the city's general plan, because the city needs to preserve and enhance the ability of large and growing commercial and industrial employers to remain in Santa Ana. D. The unregulated division of large industrial and commercial developments within the city into small, individual condominiums is contrary to the goals and policies of the city's general plan because it replaces a single party responsible to prevent neglect and blight of the common spaces of such developments with an association. E. Pursuant to CEQA, the City of Santa Ana has adopted Categorical Exemption No. 2007-74 for the adoption of this ordinance. F. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions Ordinance No. NS-xxxx Page 1 of 11 75A-13 of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Pursuant to Government Code section 66474.2, the terms and provisions of this ordinance shall not apply to any proposed subdivision for which a complete application was received by the City prior to the effective date of this ordinance. Section 3. Article XII is added to Chapter 34 of the Santa Ana Municipal Code to read in full as follows: ARTICLE XII -COMMERCIAL AND INDUSTRIAL COMMON INTEREST DEVELOPMENT REGULATIONS Sec. 34-180. Purpose. This Article is enacted to establish requirements and procedures for the evaluation of commercial and industrial common interest development projects. Such regulation is necessary to provide for the adequate maintenance of common areas, facilities and amenities, such as buildings, parking, ingress and egress, subjacent support, utilities and the like, in commercial and industrial common area interest development projects in order to support the continuing viability of such common interest projects and avoid conditions of neglect and blight. Additionally, such regulation is necessary to the support of a healthy local economy by preserving opportunities for large-scale commercial and industrial uses to avoid the conversion, fragmentation and diminution of large commercial and industrial buildings and lands within the city. Sec. 34-181. Application. The provisions of this Article apply to all commercial and industrial common interest development projects. Sec. 34-182. Tentative Map Requirement. All commercial and industrial common interest development projects shall require application for and issuance of a tentative map. Sec. 34-183. Conditions of approval. No tentative map for a commercial or industrial common interest development shall be issued unless all of the following conditions have been met and the applicant has agreed in writing to comply with all of these conditions: Ordinance No. NS-xxxx Page 2 of 11 75A-14 (a) The applicant, at its sole cost, shall prepare, submit for prior review and approval by the city, and record concurrently with the final map, governing documents for the common interest development that include sufficient provisions for governance, funding and capitalization, and enforcement mechanisms, including enforcement by the city, to ensure that the common areas shall be adequately and safely maintained and repaired for the life of the common interest development and that such common area shall be retained for the use of all owners within the development. Prior to approval of the final map by the city, the applicant shall submit the proposed governing documents to the city for review, and approval as to form by the City Attorney, for compliance with the requirements of this section. (b) The applicant shall, at its sole cost, prepare grant deeds or reservations for all mutual or reciprocal easement rights, which shall be reviewed by the city for compliance with the terms of this Chapter, and shall upon city approval be recorded concurrently with the approved parcel or final map. (c) Any other condition imposed by the planning commission or city council to accomplish the purposes of this Chapter or for the preservation of public health, safety or welfare. Sec. 34-184. Management plan. An application for a tentative map for a commercial or industrial common interest development shall be accompanied by a management plan which sets forth a comprehensive representation of the project governance process, including but not limited to the following components: maintenance schedule and operations stalndardsctodensu a mainenancepoftthe site to a high standard. (b) Proposed CC&R provisions setting forth the rules of project governance and management, including the establishment of a board of directors (duties, powers, election and replacement). (c) A statement of the means of governing the management of vacant and/or unsold units. (d) All ingress and egress easements, drainage easements, and reciprocal parking agreements, if necessary, between owners of the units, shall be included in the proposed CC&R's. Ordinance No. NS-xxxx Page 3 of 11 75A-15 Sec. 34-185. Conversion Project -Special Use Permit Required. No tentative map or final map for a commercial or industrial conversion project (as that term is defined in this Chapter) shall be approved unless a special use permit has been issued by the city in accordance with the procedures and provisions of this Article and the procedures and provisions of Chapter 41 of this Code. Section 4. Article XVIII is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: ARTICLE XVIII -CONVERSION OF EXISTING BUILDINGS TO COMMERCIAL AND INDUSTRIAL COMMON INTEREST DEVELOPMENT Sec. 41-1800. Purpose. This Article is enacted, pursuant to the city's authority as a charter city and section 66427(d) of the Government Code, to establish requirements and procedures for the evaluation of commercial and industrial condominium conversion projects. Such regulation is necessary to provide for the adequate maintenance of common areas, facilities and amenities, such as buildings, ingress and egress, subjacent support, utilities and the like, in commercial and industrial common area interest development projects in order to support the continuing viability of such common interest projects, avoid conditions of neglect, to protect the public from the potential blighting effects of deteriorated or undercapitalized commercial and industrial conversion projects and provide adequate off-street parking. Additionally, such regulation is necessary to the support of a healthy local economy by preserving opportunities for large-scale commercial and industrial uses to avoid the conversion, fragmentation and diminution of large commercial and industrial buildings and lands within the city. Sec. 41-1801. Definitions. The definitions set forth in this Section shall govern the application and interpretation of this Chapter: A. "Common interest development" has the meaning given to that term in Civil Code Section 1351(c). B. "Common area" means the entire area within the common interest development except the separate interests therein, and also includes any mutual or reciprocal easement rights appurtenant to the separate interests. Ordinance No. NS-xxxx Page 4 of 11 75A-16 C. "Conversion project" means a subdivision which consists of conversion of existing buildings into a common interest development. ~. "Unit" means a legal parcel, including a common area parcel. Sec. 41-1802. Special use permit. In addition to complying with the requirements of Chapter 34 of this Code, no conversion project for a commercial or industrial common interest development may be issued a tentative map unless it obtains a special use permit in compliance with the requirements of this article. Sec. 41-1803. General standards for preexisting buildings. Buildings which are the subject of a proposed conversion project that are, prior to application, in violation of Chapter 8 of this Code; must be brought into compliance before issuance of a special use permit, unless a different time frame is specified in the conditions of approval of said permit. Issuance of a positive report pursuant to section 41-1804(b)(7) of this Code shall be deemed to constitute compliance with this section. Sec. 41-1804. Conversion plan. An application for a conversion project for a commercial or industrial common interest development shall be accompanied by a conversion plan which sets forth a comprehensive representation and scheduling of the conversion process including but not limited to the following components: (a) An improvement plan shall be submitted to the city providing for upgrading the complex to the standards then in effect for construction of new buildings with regard to the following matters: (1) provision of off-street parking spaces (both number of spaces and compliance with other parking standards), (2) (3) (4) (5) (6) Ordinance No. NS-xxxx Page 5 of 11 sound transmission, energy efficiency, open space, setbacks, adopted design guidelines, and 75A-17 (7) landscaping. If the applicant contends that compliance with one or more of such standards is financially or practically infeasible, it shall bear the burden of proof of such claim to the city; and the city shall adopt written findings following a noticed public hearing relating to any such claim as part of its consideration of the application for special use permit. The improvement plan shall also demonstrate that all existing onsite facilities which are to be retained to be brought into reasonably sound and attractive condition. (b) At a minimum, the improvement plan shall include: (1) A site plan showing all existing and proposed structures, including walls and fences, landscaping, irrigation systems and driveways and parking areas. (2) A statement of the current and proposed ownership of the subject property and its current and proposed use. (3) A description of the property, including acreage, number of existing tenant spaces and the proposed units, showing the size of each proposed unit. Each unit shall be physically separated from each other unit by walls, floors, ceilings and the like. (4) A statement of the current and proposed management program, including structural maintenance, landscape maintenance, and parking allocation for each unit. (5) A statement of proposed assessments and fees to be charged to owners of units after conversion. (6) Notice of submission of application for public report which includes the improvement plan and capital reserves. (7) The results of a preliminary inspection requested by the applicant and pertormed by city's building official or authorized representative, identifying whether the building in its current condition (i. e., presuming no special use permit is sought) is in compliance with Chapter 8 of this Code. Applicant shall be responsible for paying the then current fee assessed by the city for such inspection. (8) Compliance of the water delivery system capable of meeting the city's fire flow requirements as applicable to new construction and related fire department access per currently adopted fire code. Ordinance No. NS-xxxx Page 6 of 11 75A-18 (g) Compliance with the building security regulations set forth in Chapter 8, Article II, Division 3 of this Code as applicable to new buildings. (10) Compliance with section 18.165.1 through 18.165.4 of this Code relating to the National Pollution Discharge Elimination System (NPDES), and compliance with Chapter 8 of this Code as it relates to the Americans with Disabilities Act. (ADA). (11) A statement that all exterior appurtenances, such as ladders, down spouts, conduits and piping will be removed. (12) Compliance with Article XI of Chapter 41 of this Code (signs) (13) A current structural pest control inspection report issued by a licensed structural pest control operator, showing the subject premises to be free of evidence of termite, dry-rot, fungi and/or damage therefrom. Such a report shall be deemed current for a period of not more than ninety (90) days following the date of inspection. Sec. 41-1805. Utility requirements for the approval of special use permit. No special use permit shall be approved unless the project complies with the following requirements: (a) Electric power, gas and water services must be separately metered for each unit, unless such separate metering is found to be practically or financially infeasible as set forth in section 41-1804(a). (b) Signal transmitting and receiving equipment, including cables, for individual units shall be screened. (c) Common area utilities must be metered separately from unit utilities. Meters providing such separation may be either municipally owned or, subject to the written approval of the director of public works as to type, owned by the associated owners in common. (d) Compliance with sections 34-82 et seq. and 41-626 of the Code, applying to installation of underground utility service lines, as though it were new construction. Sec. 41-1806. Processing special use permits. An application for a special use permit pursuant to this article shall be considered by the city's planning commission and city council in concurrence with the applicant's tentative map application. Ordinance No. NS-xxxx Page 7 of 11 75A-19 Sec. 41-1807. Findings. In addition to the findings required by Chapter 34 of this Code and other provisions of this article, no special use permit may issue for a commercial or industrial common interest development unless and until all of the following additional findings are first made: (a) The proposed common interest development will not adversely impact the economic viability of large-scale commercial and industrial uses in the vicinity of the development, or in the city as a whole; (b) The proposed common interest development includes sufficient provisions for governance, funding and capitalization, and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development; (c) The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interests therein; and (d) The proposed common interest development complies with the goals, policies and objectives of the city's general plan. Sec. 41-1808. Completion of improvements. All improvements required pursuant to the conditions of an approved special use permit shall be completed prior to issuance of a final map for the project. Sec. 41-1809. Expiration of special use permit. A special use permit shall expire after two years, unless a final map for the project is recorded in that time. The Executive Director of the Planning and Building Agency may in writing extend the permit for not more than one year, upon written request by the permit holder made prior to the expiration date. Section 5. Sections 34-301 and 34-302 of the Santa Ana Municipal Code are hereby amended to ensure that they only apply to both residential and nonresidential condominium conversions, such that they read as follows (new language in bold and underline, deleted language in strikeout for tracking purposes only): Sec. 34-301. Purpose. The purpose of these provisions is to establish standards for the development of ~esidentiaJ common interest developments; to Ordinance No. NS-xxxx Page 8 of 11 75A-20 establish standards for the conversion of r°..1.~,; buildings, including rental apartment buildings into common interest developments; to protect the public from the potential blighting effects of deteriorated or undercapitalized fesideRtial conversion projects; to provide adequate off-street parking; and to mitigate the hardships caused by the mass displacement of tenants attendant to fesidea#ial conversion projects. Sec. 34-302. Applicability. (a) This article applies only to common ownership projects ' for which a final map is required by the State Subdivision Map Act. As used herein, "final map" includes any parcel map required by Section 66426 of the said act. (b) This article does not apply to investment apartments. (c) Except as otherwise provided, the provisions of Division 1 of this article apply to all common interest developments, including conversion projects. Section 6. The title to Division 2 of Article IX of Chapter 34 and section 34-331 of the Santa Ana Municipal Code are hereby amended to ensure that they only apply to residential condominium conversions, such that they read as follows (new language in bold and underline, deleted language in strikeout for tracking purposes only): DIVISION 2. RESIDENTIAL CONVERSION PROJECTS Sec. 34-331. Applicability. In addition to complying with the requirements of Division 1, all residential conversion projects must comply with the requirements of this division in order for the final map to be approved. Section 6. Section 34-29 is added to Chapter 34 of the Santa Ana Municipal Code to read in full as follows: Sec. 34-29. Common area. Ordinance No. NS-xxxx Page 9 of 11 75A-21 "Common area" means the entire area within the common interest development except the separate interests therein, and also includes any mutual or reciprocal easement rights appurtenant to the separate interests. Section 7. The City Council, may adopt by resolution, from time to time, a fee for application for a special use permit. Until such resolution is adopted, the application fee for a special use permit as set forth by this ordinance shall be the then current application fee charged by the city to process a conditional use permit. Section 8. 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: Joseph W. Fletcher, City Attorney Benjamin Kaufman Chief Assistant City Attorney Ordinance No. NS-xxxx Page 10 of 11 75A-22 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-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 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-xxxx Page 11 of 11 75A-23 75A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: PUBLIC HEARING - RECOVERY OF UNCOLLECTED CO5TS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO ~ ~~ /~~p~y~~{~ s- ,,rrrr ee.. ;jj!h~: .,~ ~~.t. ~ CIS MANAGER FILE NUMBER RECOMMENDED ACTION Adopt a resolution affirming the Fiscal Year 2006-2007 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected Dangerous and Abandoned Building charges to the office of Auditor-Controller, County of Orange. DISCUSSION The City's Dangerous and Abandoned Building Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and provide harborage for illegal activity. The abatements are accomplished by board-ups and/or demolition. Property owners are given 2 to 30 days to abate the conditions or the City, through its contractors, will perform the work. The property owner is then notified of the outstanding abatement costs every 30 days until the Planning and Building Agency is reimbursed for the expenditure. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs expended for abatement of dangerous and abandoned properties. This year the outstanding charges for work performed on nine parcels is $10,171.99 (Exhibit 1) The property owner names are provided in Exhibit 2. The most effective method of collection is to submit these charges to the office of the County Auditor/Controller in order that they may be placed as a lien on the property tax rolls. Charges must be submitted to the County by their deadline of August 10, 2007. 75B-1 Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings July 16, 2007 Page 2 FISCAL IMPACT The recovered charges will result in an estimated $10,171.99 in the Special Repair and Demolition Fund (fund no. 121-01-5579). APPROVED AS TO FUNDS AND ACCOUNTS: ~ `- Ja M. Trevino ~~~ E cutive Director Planning & Building Agency ER:rb rb\zeporte\PY06-09 Coet Recovery /~raancisco Gutierrez `6 Executive Director Finance & Management Services Agenc~r 75B-2 RESOLUTION NO. 2007-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF SECURING AND DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 17-40 of the Santa Ana Municipal Code, the Executive Director of the Planning and Building Agency has submitted an itemized report, a copy of which is on file with the Clerk of the Council, showing the costs of securing and demolition of various structures carried out by the City of Santa Ana upon each individual lot or parcel of land where such work was done. B. The Executive Director of the Planning and Building Agency has given notice as required by law, in which the 16th day of July, 2007, at the hour of 6:00 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the cost of abatement work done in front of or upon each lot or parcel of real property, as shown on Exhibits 1 and 2, which are incorporated by this reference as though fully set forth herein, and the amounts therein on such assessments shall become due thirty (30) days after the adoption of this Resolution. Resolution No. 2007-xxx Page 1 of 5 75B-3 Section 3. The Executive Director of Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2007. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana, hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2007-2008 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura A. Rossini Deputy City Attorney Resolution No. 2007-xxx Page 2 of 5 75B-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: ~lerk of the Council City of Santa Ana Resolution No. 2007-xxx Page 3 of 5 75B-5 AC62L05A -Form B2 Jurisdiction 061 Santa Ana EXH/B/T 1 Resolution No. 2007-xxx 756-6 Page 1 of 5 Type of Tax C-2-2 Special Assessment Add Transactions Date ~~iy 16.2007 PROPERTY OWNER LISTING 2117 S. Broadway AP 015-083-07 Jeremy M. Janss ASSESSMEI\ P.O. Box 1738 $ 3 220.00 911 E. Brown AP 398-313-10 Ruben P. Corte8l , 1826 Greenwood $1 581 68 306-308 W. Bishop AP 010-152-07 Santa Ana, CA 92705-7023 Juan Cabezudo , . 8118 Seville Avenue $ 630 00 2129 W. Civic Center AP 004-183-15 Dana Madigan 90288 . 2129 W. Civic Center $ 1 050 00 613 N. Euclid AP 100-231-01 Santa Ana, CA 92703 Brian & Carol Yip, Vivian Tsai , . 140 N. Orange $ 300 00 1013 S. Elliott AP 108-731-06 Huong Duong ' CA 91744 . 1013 S. Elliott $ 430 43 i17 S. Garnsey AP 010-132-05 Santa Ana, CA 92704-2224 Hugo Hernandez . 517 S. Garnsey $ 1 239 00 X09 S. Townsend AP 010-062-03 Santa Ana, CA 92701 Juan Andres Celis , . 509 S. Townsend $ 350 00 11 E. Washington AP 398-151-11 Energy Plat num 2703-4225 . Real Estate Corp. $ 1 370 88 4300 E. Promenade 223P , . Marina Del Rey, CA 90292 TOTAL: $10, 171.99 EXHIBIT 2 Resolution No. 2007-xxx 756'7 Page 2 of 5 75B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2006-2007 CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO RECOMMENDED ACTION FILE NUMBER Adopt a resolution affirming the fiscal year 2006-2007 Weed Abatement Program Report and authorize the transmittal of uncollected weed abatement charges and postings to the Office of Auditor-Controller, County of Orange. DISCUSSION The Public Works Agency operates a year round program to maintain private properties free of weeds and rubbish. City sanitation inspectors post properties notifying owners of unsightly or unsafe conditions. Property owners have ten days to abate the conditions or the City will perform the work through its contractor. When posting a property a second time within twelve months for the same violation, the City assesses a posting charge. The property owner is notified of such outstanding charges every 30 days until the charges are paid. Each year the City finds it necessary to seek legal recourse in order to recover the uncollected costs of posting violations and cleaning various parcels throughout the City (Exhibit 1). This year there are $21,804.00 in outstanding charges for parcels cleaned by the City contractor and posted by city crews (Exhibit 2). The most effective method of collection has been to submit these charges to the Office of the County Auditor-Controller. The fees are included in the property tax rolls and if in default, are payable when the property changes ownership. The County's deadline for inclusion is August 10, 2007. 75C-1 Weed Abatement Public Nuisance Report Fiscal Year 2006-2007 July 16, 2007 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT After affirmation by the Council, the charges will be submitted directly to the Office of the Auditor-Controller, County of Orange for collection. The revenues collected will be deposited into the City's Sanitation Fund (account no. 68-01-5415). APPROVED AS TO FUNDS AND ACCOUNTS: mes G. Ross -"-"~~ ~' L~rancisco Gutierrez Executi Director 7/ Executive Director Public rks Agency Finance & Mgmt. Services Agency /W- ~L JR/JT/6-2 L O9/PUplicHeazingweedAba[ement 75C-2 lar:7/09/07 RESOLUTION NO. 2007-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 16-55 of the Santa Ana Municipal Code, the Executive Director of Public Works Agency has submitted an itemized report, the Weed Abatement Program Report, which is attached hereto as Exhibit 1 and is incorporated by this reference as though fully set forth herein, which shows the costs of the public nuisance; and the costs of the weed, rubbish and garbage abatement actions carried out by the City of Santa Ana in front of or upon each individual lot or parcel of land where such work was done. B. The Executive Director of Public Works Agency has given notice as required by law, in which the 16th day of July, 2007, at the hour of 6:00 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; Exhibit 1, is hereby made and confirmed as an assessment against such lots or parcels respectively, said assessments are hereby levied, and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Section 3. The Public Works Agency is hereby directed to file a certified copy of said report and this Resolution with the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2007. Section 4. The County Auditor is requested to enter the assessments on the county tax Resolution No. 2007-XXX Page 1 of 5 75C-3 rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana, hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2007-2008 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura A. Rossini Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No.2007-XXX 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. 2007-XXX Page 2 of 5 75C-4 Jurisdiction Santa B2 Type of Tax gg AC62LO5A - FORM Resolution No. 2007-XXX Page 3 of 5 75C-5 Special Assessment Add Transactions Date August 10, 2007 Santa Ana Resolution No. 2007-XXX Page 4 of 5 AC62LOSA -FORM B2 Type of Tax Bg 75C-6 Special Assessment Add Transactions Date August 10, 2007 Jurisdiction Santa Ana Type of Tax gg AC62LO5A -FORM B2 Resolution No. 2007-XXX Page 5 of 5 75C-7 Special Assessment Add Transactions Date August 10, 2006 75C-8 BEQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2007-02 AND CONDITIONAL USE PERMIT NO. 2007-07 TO ALLOW THE CONVERSION OF THE CALIFORNIA PALMS TO A TRANSIENT/RESIDENTIAL HOTEL AT 801 AND 901 SOUTH HARBOR BOULEVARD - ADVANCED REAL ESTATE SERVICES, INC., APPLICANT CIT ANAGER~ CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on 2n0 Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-158. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-02. 3. Adopt a resolution approving Conditional Use Permit No. 2007-07 as conditioned. PLANNING COMMISSION ACTION On June 25, 2007, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2004-158, adopt an ordinance approving Zoning Ordinance Amendment No. 2007-02 and adopt a resolution approving Conditional Use Permit No. 2007-07 as conditioned by a vote of 5:0 (De La Torre and Munoz absent) to allow the conversion of the California Palms to a transient/residential hotel within the North Harbor Specific Plan (SP2) zoning district at 801 and 901 South Harbor Boulevard. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. _~_'^ ~~ Ja~yJ M. Trevino EXecutive Director Planning & Building Agency AN:rb an\plancomm\zoa0]-02cup0]-0].cc 75D-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 25, 2007 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2007-02 AND CONDITIONAL USE PERMIT NO. 2007-07 TO ALLOW THE CONVERSION OF THE CALIFORNIA PALMS TO A TRANSIENT/RESIDENTIAL HOTEL AT 801 AND 901 SOUTH HARBOR BOULEVARD Prepared by Ann Hsin-An Ni Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Man~~er 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-158. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-02. 3. Adopt a resolution approving Conditional Use Permit No. 2007-07 as conditioned. DISCUSSION Request of Applicant Advanced Real Estate Services, Inc. is requesting a zoning ordinance amendment to add transient/residential hotel as a conditionally permitted use in the General Commercial overlay district within the North Harbor Specific Plan (SP2) and a conditional use permit to allow the conversion of California Palms into a transient/residential hotel at 801 and 901 South Harbor Boulevard. Property Description The subject property is approximately 3.72 acres in size. The property is flat, rectangular in shape, and is currently occupied by a 207-unit motel. Structures associated with the motel include 12 buildings and two pools. A total of 182 parking spaces currently exist on-site. Access to the site is provided via one driveway along Kent Avenue and three driveways located along Harbor Boulevard. EXHIBIT A 75D-2 Zoning Ordinance Amendment No.2007-02 Conditional Use Permit No. 2007-07 June 25, 2007 Page 2 The property is located at the northeast corner of Harbor Boulevard and Kent Avenue. Harbor Boulevard is designated as an Arterial Street and Kent Avenue as a local street in the General Plan Circulation Element. The property is located within the General Commercial overlay district of the North Harbor Specific Plan (SP2) and has a General Plan land use designation of General Commercial (GC) with a floor area ratio of 0.5 (Exhibit 1). Surrounding land uses include commercial uses to the north, south and west, and single-family residential units to the east (Exhibit 2). Project Description The proposed project involves interior and exterior improvements to an existing motel. A number of physical site improvements are proposed that will comply with the standards set forth for transient/residential hotels. These improvements include: - Internal remodeling of motel units, including consolidating and expanding units; - Modifications to the building exterior, new exterior paint and signage; - Realignment and/or closure of an existing access driveway and re-striping and reconfiguration of the parking lot; and - Landscaping improvements. Access to the proposed project will be provided from Harbor Boulevard and Kent Avenue. An additional 28 parking spaces will be added that will result in a total of 210 parking spaces for the site (Exhibit 3). Analysis of the Issues On May 7, 2001 the City Council adopted Ordinance No. NS-2471 to provide a means to differentiate hotels catering to business travelers, long- term stay business guests and transient/residential hotels. The ordinance allowed the establishment of new long-term stay business hotels and the design and development of such hotels in limited circumstances on a case by case basis. The ordinance also amended the 75D-3 Zoning Ordinance Amendment No.2007-02 Conditional Use Permit No. 2007-07 June 25, 2007 Page 3 zoning code to provide a definition for transient/residential hotels and to ensure that hotels acting as the primary residence for guests are permitted only when they provide appropriate amenities for children and families. A transient/residential hotel differs from a hotel/motel in that, while guests at a hotel/motel have another primary residence, the guests at a transient/residential hotel are utilizing it as their primary residence. Any hotel and motel that rents, lets, or otherwise provides for compensation 25 percent or more of the total number of rooms therein to any person, firm, partnership, corporation, association, or other business entity for occupancy which exceeds 28 consecutive days in any 60 consecutive day period shall be deemed to be a transient residential hotel. No transient/residential hotel may be established in the City after June 7, 1999 unless (a) it was existing on June 7, 1999 and (b) it is permitted by a Specific Plan (SP) or Specific Development (SD) district and then only as a conditional use. The applicant proposes to remodel the interior and exterior of the California Palms to comply with the design and development standards created for transient/residential hotels. The remodeling would reduce the number of units from 207 to 190 units to comply with the minimum room size requirement of 220 square feet. All guest room kitchens would be updated to include a kitchen sink with disposal, new cooking appliances and refrigerators, updated dry food and utensil storage, and granite counter tops. Lighting and ventilation would also be updated. All rooms will be pre-wired with telephone and cable television services. Equipment in the fitness room would be updated and new washers and dryers would be installed in the three laundry rooms on-site. The existing northernmost driveway along Harbor Boulevard would be removed to comply with Public Works Agency requirement. The parking lot is proposed to be re-striped to reflect changes in driveway access locations and internal circulation. A total of 210 parking spaces would be available for residents and visitors. Landscaping enhancement would be provided throughout the site and along the east property line abutting single-family residences. A 2,200-square foot common open space surrounded by landscaping and a a- foot decorative brick wall is proposed between Building 1 and 4. This area will include three shade structures, picnic tables, benches and B-B-Q area. The two existing pools will be enhanced by decorative paving and additional landscaping. 75D-4 Zoning Ordinance Amendment No.2007-02 Conditional Use Permit No. 2007-07 June 25, 2007 Page 4 The proposed project also includes adding an exterior brick facade that is similar to the existing facade along Harbor Boulevard. The brick facade would unify the appearance of the buildings. New windows and doors are also proposed to enhance the building's appearance. Implementation of the proposed project has the potential to result in cumulative impacts in the following areas. - Increase dust level in the area temporarily - Disturbance of undiscovered cultural resources - Disposal of asbestos containing building materials, lead based paint, and PCB-containing lighting ballasts - Generate runoff - Expose people to excessive noise and vibration - Create hazardous condition at an intersection in the vicinity of the proposed project Mitigation measures and a Mitigation Monitoring Program are proposed to mitigate these potential environmental impacts associated with this project. In an effort to inform the adjacent property owners of this project, public hearing notices were distributed to property owners within a 300- foot radius of this property. Additionally, the Riverview West Neighborhood Association was contacted and they found the proposed transient/residential hotel development to be compatible with the existing residential neighborhood. The proposed zoning ordinance amendment will add transient/residential hotel as a conditionally permitted use in the general commercial overlay district of the North Harbor Specific Plan (SP2). This action is consistent with the City Council's desire to ensure that a transient/residential hotel is permitted only when it provides appropriate amenities for children and families, including open space, laundry rooms, landscaping and kitchens. The proposal is consistent with the General Plan goal of promoting land uses that enhance the City's economic and fiscal viability while ensuring that impacts of development are mitigated. Further, the project complies with the provisions set forth in the Transient/Residential Hotel Ordinance, the design and development standards for transient/residential hotels, the SP2 zoning district and the Land Use Element of the General Plan. Therefore, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2007-02 and Conditional Use Permit No. 2007-07 as conditioned (Exhibits 4 and 5). 75D-5 Zoning Ordinance Amendment No.2007-02 Conditional Use Permit No. 2007-07 June 25, 2007 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-158 has been prepared for this project (Exhibit 6). Ann Hsin-An Ni Associate Planner AN:jm an\plancomm\zoa0]-02cup07-09.pc ~ ' UL_ Vince Fre oso, A CP Senior P1 (one 75D-6 Al GENERALAGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL Cl-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS'VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL u CS gC2~ R1 R2 Cz MI J IIi.GRII GSM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER Ml LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL pEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN r :-;~: ZOA 07-2/CUP 07-7 ~ CALIFORNIA PALMS ~,, ._. 801 & 901 SOUTH HARBOR BLVD. _ _=SDD FEET ~~ 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY7MAP ~~F~I / 1 COMMERCIAL ENTER W F. 2 W U J Q U ~ C O M M E R C / A L C E N E R Q W j F Z U ~ U g U m 0 U J Q J J J ~ R e f a i l ¢ I' 1~ F- z 1~ W z 2 W W W O ¢ W - - - - ¢ O W W U W W h W W J - h W Q ¢ ¢ W ¢ ~ W Z N F N W ~ ¢ .J ~ ~ J J J LL ~ W ~ ~ ~ W W J J J J W ~ c~ ; ~ W Retail _ 2 W m W h y h (J J z ROBERTS DRIVE z_ ~' S/N LE FA ILY R ES OE TIAL KENT AVENUE ~' J J MU I FA ILY RE /DEN /AL S/ GLE FAM Y R /DE TIAL <ti W BAKERY W Z J Wo y ~ KENT AVENUE J y °C o a ? ¢ < m ¢ ~ ~ SI GLE AMIL RES/ ENTIAL ~l U ~ z W = U > ~ ¢ ~ ~ SIN LE FAM LY W m U 4 IL R S/D NTl L i CRYSTAL LN. ;~ r' ZOA 07-2/C U P 07-7 CALIFORNIA PALMS 801 & 901 SOUTH HARBOR BLVD. ~ P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 75D-8 r~~ 4 ~ dqC ~ ~ J I` i Y d~¢ 8 I~iE ~o €_ ~ ~` F ff Y' i 2 ~~ I~7£ Fg iy ~ s fy4 ccY y~ O C bg$~F5 ~j ~ ~ Q~~ A C7e y~3 O g~ €~t#e~g Eg~ u W~ ~ ¢ 2 yY~~a~4~°~3E3~y~~y~~3~d„y Q.r I~du Q-~§~~' eu ~ a e ~ ~ `~ i~ ~\~ O ~ ~ ~~ ~~ Q ~~ ,, - N Z ~, z °` ~\~ ~ ,~ o J ;~ ~4.v \:~\ 41 z ~ ~t ~. 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"~ ~I m N W a~ z~ ~~ ~I wl a m 0 ~I a~ W> z L~ ~ ,a I -1 ,~ it ~~ii )~~~ ~, I ~'I~ ~~_ i_~~n~~ }uoua}io~l., ~,2~~dea,~ -- .fie ;~ ~ 3 i~ ~ ~ ~°~~ ~~ (/1 IJ L U 0 A 4 ~~ ~ ~ ~ E 2 it i Q U r~~r ~ ~~~~ - Y _ s gi J /~~ L/ 3 rJ 1 1 J $~ l ~ j il ~ _~ r~ C. F @ W n a~~~e,~ y~,~; I s " elf . 3 a~ ~ x w ~~I e.^,~e °I'I~i - ~ ~e~ Lei a F- -~ L U O u~ Y ~~ ~, ~) o ~~,; t~ P yes ~~' ag r ~ w9ff ~~i ~~cll eln V e ~ ,3$ iI O i~ ~~ ~ :~~ sP O &:I ~ ~4~. ~~ ~ .a ~ w I~~I'; I z ~~ ~~~ss~ ~ `~: ~"~~ U ~3.~ ~, a ~~~~~J ~ 0 /~ V 3 O O w, ~I z U ._~ a~ ~I s Conditional Use Permit No. 2007-07 June 25, 2007 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed California Palms transient/residential hotel will contribute to the general well being of the community by eliminating an existing blighted motel and providing additional housing opportunities for all economic segment of the community through revitalization of an existing motel. It will provide appropriate amenities for children and families living in the California Palms transient/residential hotel, including open space, laundry rooms, landscaping and kitchens. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed transient/residential hotel use will not be detrimental to persons residing and working in the area. The Mitigated Negative Declaration (Environmental Review No. 2004- 158) identified less than significant impacts associated with the implementation of this project. These impacts will be mitigated through mitigation measures identified in Environmental Review No. 2004-158. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed transient/residential hotel will not adversely affect the economic stability of the area. The residents of the transient/residential hotel will provide a customer base to the retail and restaurant uses, which will reinforce the economic viability of the adjacent business community. ZOA 07-2/CUP 07-7 EXHIBIT 4 75D-28 Conditional Use Permit No. 2007-07 June 25, 2007 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use. The project will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code as well as the provisions of Ordinance No. NS-2471 and the North Harbor Specific Plan (SP2) zoning district as well as the design and development standards established by the City Council for transient/residential hotels. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed transient/residential hotel will not adversely affect the General Plan as transient/residential hotels are conditionally permitted within the General Commercial Overlay district of the North Harbor Specific Plan (SP2). Further, Policy 1.4 of the Land Use Element promotes the maintenance and fostering of a variety of residential land uses in the city. Also, Policy 4.1 of the Housing Element encourages the development of new housing units and opportunities for all segment of the community. 75D-29 JUNE 25, 2007 PAGElOF6 Conditions for Approval Conditional Use Permit No. 2007-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 2004-52. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to issuance of building permits, the landscape plans shall be revised to reflect 24-inch boxed size trees and five- gallon shrubs for all required plants of this project. 4. The existing pole sign along Harbor Boulevard shall be removed. 5. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. Mi~tion Measures 6. All construction and operations will comply with SCAQMD rules and regulations. All applicable control measures listed in SCAQMD Rule 403 will be used to minimize impacts to air quality. These include but are not limited to the following measures: ZOA~07~2/gCKUP 07-7 / ~U-3~ JUNE 25, 2007 PAGE 2 OF 6 06-1 Stabilize wind erodible surfaces to reduce dust, 06-2 Stabilize surface soil where support equipment and vehicles will operate, 06-3 Stabilize loose soil and demolition debris, 06-4 Comply with AQMD Rule 1403, 06-5 Stabilize disturbed soil throughout the construction site, and 06-6 Stabilize disturbed soil between structures. 7. In the event that human remains are found on the project, all work will stop and the County Coroner will be called to asses the remains and exhume them. In the event that the County Coroner recognizes the remains as being of Native American origin, the County Coroner is responsible to contact the Native American Commission within 24 hours. The Commission has various powers and duties to provide for the ultimate disposition of any Native American remains, as does the assigned Most Likely Descendant. Section 5097.98 and 5097.99 of the Public Resources Code also call for "protection to Native American human burials and skeletal remains from vandalism and inadvertent destruction." 8. As a condition of approval for a demolition permit, an asbestos- containing materials, lead-based paint, and polychlorinated biphenyl survey will be performed by a qualified environmental professional and conducted in accordance with all federal, state and local requirements, including those established by National Emissions Standards for Hazardous Air Pollutants (NESHAPS) guidelines and the Occupational Safety and Health Administration (OSHA). A report will be furnished by said qualified environmental professional and will outline the occurrence of hazardous materials on the project site. 9. If asbestos containing materials are discovered during site investigations, all potentially friable asbestos-containing materials will be removed in accordance with federal, state, and local laws and the NESHAP guidelines prior to building demolishing or renovation that may disturb the materials. All demolishing activities will be undertaken in accordance with California Occupational Safety and Health Administration (Cal/OSHA) standards, contained in Title 8 of the California Code of Regulations (CCR), Section 1529, to protect workers from exposure to asbestos. Materials containing more than one 75D-31 JUNE 25, 2007 PAGE 3 OF 6 percent asbestos are also subject to SCAQMD regulations. Demolition performed in conformance with these federal, state and local laws and regulations will avoid significant exposure of construction workers and/or the public to asbestos containing materials. 10. If lead-based paint is discovered during onsite investigations, all building materials containing lead-based paint will be removed in accordance with Cal/OSHA lead in construction standards, Title 8, CCR 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead-based paint or coatings will be disposed of at landfills that meet acceptance criteria for the waste being disposed. Demolition performed in conformance with these federal, states, and local laws and regulations will avoid significant exposure of construction workers and/or the public to lead-based paint. 11. If polychlorinated biphenyls (PCBs) are discovered during onsite investigations, all PCB-containing lighting ballasts will be removed and disposed of in conformance with federal, state and local laws and regulations so as to avoid exposure of construction workers and/or the public to PCB containing materials. 12. A Water Quality Management Plan (WQMP) will be prepared and implemented as part of the design of the project. The WQMP will include structural treatment and non-structural best management practices (BMPs), including installation of storm filters and other control mechanisms. 13. All rooms will include forced air ventilation allowing the residents to leave windows closed reducing interior noise level. 14. The developer will specify a minimum Sound Transmission Class (STC) rating of 29 for all windows and/or door assemblies that front Harbor Boulevard (west facing). These windows and/or doors are to be well fitting with vinyl (or equivalent) gaskets that form an airtight fitting. 15. All exterior fittings that enter the structures (e.g., electrical conduits, HVAC ducts) along Harbor Boulevard will be sealed with caulk such that the fittings are rendered airtight. Any metal ductwork that is exposed to the exterior environmental will be enclosed and insulated to avoid noise transference through the ducting. 75D-32 JUNE 25, 2007 PAGE 4 OF 6 16. Any in-room air conditioning units placed along Harbor Boulevard will be placed in baffled enclosures reducing transmitted noise, but allowing airflow. 17. All construction equipment will be in proper operating condition and fitted with standard factory noise attenuation features. All equipment will be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. 18. Approved haul routes will be used to minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations. 19. To the degree feasible, construction equipment will be sited away from adjacent residential land uses. 20. Hydraulic hammer attachments used in pavement and structure demolition will be equipped with a silencing package. 21. The project developer will contribute a fair share contribution toward the installation of a traffic signal at the intersection of Harbor Boulevard and Kent Avenue, in an amount determined by the City of Santa Ana Public Works Department. 22. The project developer will install a right turn only sign facing motorists exiting the site from the project site driveway closest to Kent Avenue. B Police Department 1. The property owner will be required to continuously and actively participate in the City of Santa Ana's Crime Free Multi-housing Program. This will require the property owner, managers, leasing staff, maintenance personnel and others in the management team to attend an entire eight-hour training program conducted by the Police Department and that the three phases of the program (Training, OPTED Inspection and safety social) be completed and that the Full Certification Program be maintained through the life of the project. 2. The applicant will be required to incorporate the Crime Free Lease/drug free housing Addendum into their leasing procedures. The addendum is subject to review by the Police Department. 75D-33 NNE 25, 2007 PAGE 5 OF 6 3. The new building and parking lot must conform with the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 4. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. Prior to removal, all graffiti must be photographed and documented for Police Department use. 5. No exterior pay phones will be allowed. All other pay phones will be required to allow outgoing calls only. 6. There shall be no coin-operated games maintained on the property at any time. 7. Between the hour of 5:00 p.m. and 5:00 a.m. the property owner shall provide a minimum of one-uniformed, licensed security guard in the parking lot and shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 8. The conditional use permit shall be reviewed at sixth months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 9. The site must be properly posted with P.C. 602 signage and up to date waiver must be kept on-file with the Police Department. 10. The properties landscaping must be properly maintained. Shrubs must be maintained at a minimum three-foot level, trees must be trimmed up to a minimum six-foot level. 11. Property owner must keep the Police Department up to date with all staff emergency numbers. 12. A lease addendum must be signed by all adults that will be living in a room. The addendum will be required to include a list of the rules of the hotel and contain a clause which states that violation of these rules will be good cause to terminate the lease/tenancy. 75D-34 JUNE 25, 2007 PAGE 6 OF 6 13. All proposed laundry high activity area. receive prior Police stage. rooms must be placed in a highly visible, All proposed laundry locations must Department approval at the Plan Check 75D-35 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS David Benavides Carlos Bustamante Michele Martinez Sal Tinajero Vincent F. Sarmiento CITY ~F SANT,6 ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 . Santa Ana, California 92702 www.santa-ana.org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy POSTED 1UN Q 7 [Wr TOkI DULY, r -__~uera, NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: California Palms transient/residential hotel Project Description: The proposed project consists of requests to amend the North Harbor Specific Plan to add transient/residential hotel as a conditionally permitted use in the General Commercial district and a conditional use permit to convert the existing California Palms to a transient/residential hotel. Project Location: 801 & 901 South Harbor Boulevard Project Number: DP 04-52, ER 04-158, ZOA 07-02, CUP 07-07 Public Review Period: June 1, 2007 to June 30, 2007 Hearing Date: June 25, 2007 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before 6-20-07. Please direct your comments to: Ann Ni, Associate Planner, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Ann Ni at (714) 667- 2725. ANI\NEGDECS1N014ND ZOA 07-2/CUP 07-7 EXHIBIT 6 75D-36 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS David Benavides Cados Bustamante Michele Martinez Sal Tinajero Vincent F. Sarmiento CiT~ OF SANTA ANA PLANNING 8 BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 . Santa Ana, California 92702 www.santa-ana.org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy POSTED JUN ~ 1 2007 i0M DALY, CLERK-RECORDER By --T] MITIGATED NEGATIVE DECLARATION oERDTy Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: ZOA 2007-02 and CUP 2007-07 Applicant: Advanced Real Estate Services, Inc. Project Location /Address: 801 & 901 South Harbor Boulevard Project Title /Description: The proposed project consists of requests to amend the North Harbor Specific Plan to add transient/residential hotel as a conditionally permitted use in the General Commercial district and a conditional use permit to convert the existing California Palms to a transient/residential hotel. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures placed on the project, and agreed to by the applicant, reduce each impact to below a level of significance. Signature: Date: S-3/-~ Ann NI, Associate Planner This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 75D-37 California Palms Initial Study/ Mitigated Negative Declaration Prepared for: City of Santa Ana, Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 Santa Ana, CA 92702 Contact: Ann Ni, Associate Planner 714/667-2700 Prepared by: Jones & Stokes 17310 Red Hill Avenue, Suite 320 Irvine, CA 92614-5600 Contact: Chad Beckstrom 949/260-1080 May 2007 75D-38 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS David Benavides Carlos Bustamante Michele Martinez Sal Tinajero Vincent F. Sarmiento CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 • Santa Ana, California 92792 wwwsanta-ana.org MITIGATED NEGATIVE DECLARATION Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: ZOA 2007-02 and CUP 2007-07 Applicant: Advanced Real Estate Services, Inc. Project Location /Address: 801 & 901 South Harbor Boulevard Project Title /Description: The proposed project consists of requests to amend the North Harbor Specific Plan to add transient/residential hotel as a conditionally permitted use in the General Commercial district and a conditional use permit to convert the existing California Palms to a transient/residential hotel. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures placed on the project, and agreed to by the applicant, reduce each impact to below a level of significance. 5- 3 t - p'- Date This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 75D-39 Ann Ni. Associate Planner Panted Name Contents Page I Chapter 1 Introduction and Overview ...................................................... 1-1 Overvie ............ w ..................................................................................... Authority ................. ............1-1 ..................................................................... Scope of the IS/MND .................................................................. ............1-1 ............1-2 Impact Terminology .................................................................... ......... 1-3 i IS/MND Organization .................................................................. ... ............1-3 Chapter 2 Project Description ................................................. 2-1 ................... Project Overview .......................................................................... ........... .......... 2-1 Project Background ..................................................................... . ..... 2-1 Project Location ..................................... . ..................................... ...... ......... 2-2 Existing Conditions and Surrounding Land Uses ........................ .. ..... 2-3 I Proposed Project ......................................................................... ...... ...........2-3 I Internal Remodeling ............................................................... ...........2-3 Exterior Architecture and Signage ......................................... ...........2-4 Driveway Access and Parking ............................................... ...........2-4 i Landscaping ........................................................................... ....... 2-4 Projects Relationship to -General Plan and Zoning ...................... ... ....... 2-4 General Plan ........................................................................... ... ........ 2-4 I Zoning ..................................................................................... .. ..........2-5 Discretionary Approvals Required .......................................... ..........2-5 Chapter 3 Environmental Checklist ................................................ 3-1 ............ I. Aesthetics .......... I ............................................................................ II. Agricultural Resources ......................................................... ........3-15 ........3-15 ~ III. Air Quality ............................................................................ ..... 3-16 IV. Biological Resources ............................................................ ... ...... 3-18 V. Cultural Resources ............................................................... . ...... 3-19 VI. Geology and Soils ................................................................. . .......3-19 f VII. Hazards and Hazardous Materials ........................................ . 3-20 VIII. Hydrology and Water Quality ................................................ ...... .. 3-22 ~ X. Mineral Resources ................................................................ ..... .. 3-24 XI. Noise ..................................................................................... ..... . 3-24 XVII. Mandatory Findings of Significance ...................................... ...... .......3-31 Chapter 4 Mitigation Monitoring Plan and Report ....................................... Introduction ........4-1 ..................................................................................... Project Overview . ........4-1 I ............................................................................ ........4-1 Initial Study/Mitigated Negative Declaration May 2007 i J&S 0296-0] I 75D-40 Monitoring and Reporting Procedures ....................................................4-2 Mitigation Monitoring Plan Implementation .............................................4-2 Verification of Compliance ......................................................................4-3 Chapter 5 References ............................................................................................5-1 Chapter 6 List of Preparers ...................................................................................6-1 Appendix A. Trip Generation Study Appendix B. Focused Noise Study Gafifornia Palms Initial Study/Mitigated Negative Declaration ji 75D-41 J&5 0296-07 Tables Table Page 3-1 Remaining Capacity of Existing Landfills Serving the Project Area ..........................................................................................3-31 4-1 Summary of Mitigation Monitoring Plan ..................................................4-3 Initial Study/Mitigated Negative Declaration May 2007 ~ iii f 75D-42 ~&5°z9°.°' Figures Figure Follows Page 1 Regional Location ...................................................................................2-2 2 Project Vicinty .........................................................................................2-2 3 Existing Conditions .................................................................................2-4 4 Proposed Site Plan .................................................................................2-4 i California Palms May 2007 Initial Study/Mitigated Negative Declaration IV 75D-43 ~&S°296_°' i Acronyms and Abbreviations City City of Santa Ana IS initial study MND mitigated negative declaration CEQA California Environmental Quality Act GC General Commercial NHSP North Harbor Specific Plan SR-57 Orange Freeway SR-55 Newport Freeway SR-22 Garden Grove Freeway PMMP Farmland Mapping and Monitoring Project Basin South Coast Air Basin SCAQMD South Coast Air Quality Management District CO carbon monoxide 03 ozone PM10 particulate matter 10 microns in diameter or less PM2.5 particulate matter 2.5 microns in diameter or less AQMP Air Quality Management Plan SCAG Southern California Association of Governments RCPG Regional Comprehensive Plan and Guide NESHAPS National Emissions Standards for Hazardous Air Pollutants OSHA Occupational Safety and Health Administration Cal/OSHA Califomia Occupational Safety and Health Administration CCR California Code of Regulations PCBs polychlorinated biphenyls BMPs best management practices WQMP Water Quality Management Plan SMARA Surface Mining And Reclamation Act of 1975 dBA A-weighted sound level CNEL Community Noise Equivalent Level STC Sound Transmission Class CMP Congestion Management Plan TIA traffic impact analysis OCTA Orange County Transit Authority RWQCB Santa Ana Regional Water Quality Control Board MMP mitigation monitoring plan NESHAPS National Emissions Standards for Hazardous Air Pollutants OSHA Occupational Safety and Health Administration Cal/OSHA California Occupational Safety and Health Administration CCR Califomia Code of Regulations PCBs polychlorinated biphenyls Initial Study/Mitigated Negative Declaration ~~~°Y `VV v 75D-44 ~8s°2°°-°' Chapter 1 Introduction and Overview Overview The City of Santa Ana (City) has prepazed this initial study (IS) and proposed mitigated negative declaration (MND) to evaluate the potential environmental consequences associated with the Califomia Palms project. The proposed project consists of remodeling the existing California Palms Motel and related site improvements to convert the motel to a transienUresidential hotel in accordance with City Ordinance No. NS-2471. The proposed project includes a zoning ordinance amendment to the North Harbor Specific Plan, and conditional use permit. The project site is located at 901 South Harbor Boulevard on the northeast corner of the intersection of Hazbor Boulevazd and Kent Street. As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the Califomia Environmental Quality Act (CEQA). The initial study is a preliminary analysis prepared by a lead agency [o determine whether an environmental impact report or a negative declaration is required. If the initial study concludes that the project may have a significant effect on the environment, an environmental impact report must be prepared. Otherwise, a negative declaration or mitigated negative declaration is prepared. The information in this initial study and related special studies supports the conclusion that a mitigated negative declaration is the appropriate CEQA compliance document. Authority The preparation of an IS/MND is governed by two principal sets of documents: CEQA (Public Resources Code Section 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations Section 15000, et seq.). Specifically, Section 15063 of the State CEQA Guidelines and Sections 15070-15075 of Article 6 guide the process for the preparation of a negative declaration or a mitigated negative declaration. Where appropriate and supportive to an understanding of the issues, reference will be made either to the statute, the State CEQA Guidelines, or appropriate case law. May 2007 Initial Study/Mitigated Negative Declaration ~_~ gas oses-o~ 75D-45 City of Santa Ana Chapter 1. Introduction and Overview This IS/MND, as required by CEQA, contains 1) a project description; 2) a description of the environmental setting, potential environmental impacts, mitigation measures for any significant effects, and consistency with plans and policies; and 3) names of preparers. The mitigation measures included in this IS/MND are designed to reduce or eliminate the potentially significant environmental impacts described herein. Where a mitigation measure described in this document has been previously incorporated into the project, either as a specific feature of design or as a mitigation measure, this is noted in the discussion. Mitigation measures are structured in accordance with the criteria in Section 15370 of the State CEQA Guidelines. Scope of the IS/MND This IS/MND evaluates the proposed project's effects on the following resource topics: ^ aesthetics, ^ agricultural resources, ^ air quality, ^ biological resources, ^ cultural resources, ^ geology and soils, ^ hazards and hazardous materials, ^ hydrology and water quality, ^ land use and planning, ^ mineral resources, ^ noise, ^ population and housing ^ public services, ^ recreation, ^ transportation/traffic, and ^ utilities and service systems. California Palms May 2007 Initial Study/Mitigated Negative Declaration t_Z J&S W96-0] 75D-46 City of Santa Ana Chapter'I. Introduction and Overview Impact Terminology The following terminology is used to describe the level of significance of impacts: ^ A finding of no impact is appropriate if the analysis concludes that the project would not affect the particular topic area in any way. ^ An impact is considered Zess than sign cant if the analysis concludes that it would cause no substantial adverse change to the environment and requires no mitigation. ^ An impact is considered less than significant with mitigation incorporated if the analysis concludes that it would cause no substantial adverse change to the environment with the inclusion of environmental commitments or other enforceable measures that have been agreed to by the applicant. ^ An impact is considered potentially significant if the analysis concludes that it could have a substantial adverse effect on the environment. For the proposed project, no impacts were determined to be potentially significant. IS/MND Organization The content and format of this report are designed to meet the requirements of CEQA. The IS/MND consists of the proposed findings that the project, as mitigated, would have no significant impacts. The bulk of this IS/MND consists of the initial study and supporting studies. The report contains [he following sections. ^ Chapter 1, "Introduction and Overview," identifies the purpose and scope of the IS/MND and the terminology used in the report. ^ Chapter 2, "Project Description," identities the location, background, and planning objectives of the project and describes the proposed project in detail. ^ Chapter 3, "Environmental Checklist and Analysis," presents the checklist responses for each resource topic. This section includes a brief setting section for each resource topic and identifies the impacts of implementing the proposed project. 1 ^ Chapter 4, "Mitigation Monitoring Plan and Report," presents a list of the - mitigation measures, identifies the time frame for implementation, identifies the responsible monitoring agency, and includes a reporting form for verification of compliance. ^ Chapter 5, "References," identifies all printed references and individuals cited in this IS/MND. I f ^ Chapter 6, "List of Preparers," identifies the individuals who prepared this report and their areas of technical specialty. California Palms Initial Study/Mitigated Negative Declaration May 2007 1-3 gas ozes-m 75D-47 City of Santa Ana Chapter 1. Introduction and Overview Appendices present data supporting the analysis or contents of this IS/MND. The appendices are: ^ Appendix A. Trip Generation Study, and ^ Appendix B. Focused Noise Study. California Palms Initial Study/Mitigated Negative Declaration May 2007 1-4 J85 0296-0] 75D-48 Chapter 2 Project Description Project Overview The project proponent proposes remodeling the California Palms Motel at 901 South Harbor Boulevard in the Ciry of Santa Ana. The project involves interior and exterior improvements to an existing motel, and an amendment to the North Harbor Specific Plan. The project will change the designation of the existing motel facility to a transient/residentia] hotel pursuant to Ordinance No. NS-2471. Project Background The City of Santa Ana Development Review Committee initially reviewed the proposal on September 8, 2004, endorsing it to move forward subject to conditions and resolution of specific questions and informational items. The proposed project involves interior and exterior improvements to an existing motel, and an amendment to the North Harbor Specific Plan pursuant to Ciry j Ordinance No. NS-2471. The City of Santa Ana adopted City Ordinance No. NS-2471 as an update to City Ordinance Nos. NS-2393, NS-2397, and NS-2429. Ordinance No. NS-2471 provides a means to differentiate between hotels catering to long-term stay business guests and transient/residential hotels. The ordinance allows for the establishment of new long-term stay business hotels and the design and development of such hotels in limited circumstances on a case-by- case basis. Ordinance No. NS-2471 also provides a means of updating the zoning code to provide a definition for transient/residential hotels and to ensure that hotels acting as the primary residence for guests are permitted only when l they provide appropriate amenities for children and families. j Design and development standards created for transient/residential hotels j pursuant to Ordinance No. NS-2471 include the following elements: .I i ^ Pedestrian Walkways. A pedestrian walkway with a minimum dimension of four (4) feet in width exclusive of vehicle overhang shall be provided. A pedestrian walkway needs to connect a pedestrian from the street to the main entry and from the building to any on-site amenities. Initial Study/Mitigated Negative Declaration 2_1 J85 0296.0] 75D-49 City of Santa Ana Chapter 2. Project Description ^ Walls/Fences. A six (6)-foot high minimum solid decorative masonry wall designed in the same manner as the proposed building shall be provided along the side and rear property lines, except at reciprocal driveways and parking areas. Said wall shall not exceed thirty-six (36) inches in height within twenty (20) feet of the property line abutting a street. ^ Open Space. A minimum of four hundred (400) square feet of common open space shall be provided, exclusive of required setbacks. If the project exceeds 30 units, the common open space shall be increased by ten (10) square feet per unit above 30 units. Common open space shall consist of a minimum of fifty percent ground level open space that is sod-covered or landscaped with a minimum dimension of twenty feet in each direction. The remaining may consist of amenities listed below. ^ Outdoor Amenities. Outdoor amenities, which may include spa, pool, barbeque pit, children's playground, sandbox, and benches. Any combination of at least three of the above listed amenities needs to be integrated into the site design. ^ Landscaping Standards. All areas not used for buildings and parking shall be landscaped according to the commercial landscape standards. ^ Kitchen. Each guest room shall have a kitchen. Such kitchen shall include a kitchen sink with disposal, cooking appliances, refrigeration facilities, dry food and utensil storage and a food preparation area having a clear working space of not less than 30 inches (762 mm). Light and ventilation conforming to the Uniform Building Code shall be provided. ^ Laundry Room. Laundry room facility shall include one washer and one dryer for each 20 units or fractions thereof. ^ Minimum Room Size. Each guest room shall be a minimum of two hundred and twenty (220) square feet. ^ Pre-wired Rooms. Each guest room shall be pre-wired with telephone and cable television service. These amenities were defined as part of Ordinance No. NS-2471 as guidelines for any transient/residential hotel seeking a conditional use permit. These amenities provide for the health and safety of families that use transient/residential hotels as their primary residence. Project Location The proposed project is located in the eastern part of the City of Santa Ana, which is located in central Orange County. Figure 1 shows the regional location of the project area. The project site encompasses 3.72 acres located at 901 South Harbor Boulevard on the northeast corner of the intersection of Harbor Boulevard and Kent Street. Figure 2 shows the local vicinity of the proposed project site. California Palms Initial Study/Mitigated Negative Declaration May 2007 2-2 J85 0296.0] 75D-50 Figure 1 4S^ Regional Location Jones&Stokes 75D-51 California Palms Project avurccC tJKI 5[reetmap USA (2005) SOURCE: ESRI St2etmap USA (2005) Figure 2 Project Vicinity 4 R Jones & Stokes 75D-52 California Palms Project City of Santa Ana Chapter 2. Project Description Existing Conditions and Surrounding Land Uses The existing site is currently developed with a 207-unit motel. Stmctures associated with the motel consist of twelve buildings, two pools, and landscaping. A total of 182 parking spaces and approximately fifty trees exist on the site. Access to the site is provided via one driveway along Kent Street, and three driveways located along Harbor Boulevard. As shown on Figure 3, surrounding land uses include commercial developments to the north, west, and south; and single-family residential units to the east, separated from the project site by a masonry block wall. Proposed Project The project proponent proposes to remodel the existing California Palms Motel and related site improvements to comply with Ordinance No. NS-2471. The proposed physical improvements related to the project include: ^ internal remodeling of motel units, including consolidating and/or expanding some units; ^ modifications to the building exterior and new exterior paint and signage; ^ realignment and/or closure of the one existing access driveways and re-striping and reconfiguration of the parking lot; and ^ landscaping improvements. Figure 4 shows the overall conceptual site plan. These activities are described in detail below. Internal Remodeling The project would reduce the number of units from 207 to 190 units for the transient/residential hotel. The remodeling would increase room size to at least 220 square feet. All guest room kitchens would be updated to include a kitchen sink with disposal, new cooking appliances and refrigerators, updated dry food and utensil storage, and granite counters. Lighting and ventilation would also be updated. All rooms would be pre-wired with telephone and cable television service. Equipment in the fitness room would be updated, and new washers and dryers would be installed in the three laundry rooms on site. Initial Study/Mitigated Negative Declaration 2-3 J85 0296.0] 75D-53 City of Santa Ana Chapter 2. Project Description Exterior Architecture and Signage The proposed project includes an exterior brick facade that is similar to the existing motel buildings' fapades. The brick facade would unify the appeazance of onsite buildings. Windows and doors would be replaced to update the buildings' appearance. Driveway Access and Parking The proposed project would reduce the number of driveways along North Harbor Boulevard. The northernmost driveway along Harbor Boulevazd would be removed and a "right turn only" sign would be added to the southernmost driveway along Harbor Boulevard in order to comply with City of Santa Ana Public Works Agency Requirements. The parking lot would continue to be used for resident parking. The lot would be re-striped to reflect changes in driveway access locations. The dead end parking aisle in the northeast part of the project site would be removed, and the number of onsite parking spaces would be changed. A total of 210 parking spaces would be available Yo residents for parking. Landscaping Most of the existing landscaping would be retained, and enhancements would be provided in those areas that would be altered by changes to driveway access. Meandering walkways would be installed in place of straight concrete walkways. Additional lawn areas and picnic-barbeque areas would be added for residents to use in courtyard aeeas. Project's Relationship to General Plan and Zoning General Plan The proposed project site has a general plan designation of General Commercial (GC). The project site is also designated GC in the North Harbor Specific Plan (SP2). Motel and hotel uses are subject to conditional use permits under these designations. The project site's designation under Ordinance No. NS-2471 does not comply with the General Plan and Specific Plan designation of GC. A specific plan amendment to the North Harbor Specific Plan will be required. The specific plan will be amended to add transient/residential hotel as a conditionally permitted use in the North Harbor Specific Plan (SP2). Initial Study/Mitigated Negative Declaration 2_4 dos ozss.m 75D-54 SOURCE: ESRI Sueetmap USA (2005) Figure 3 Existing Conditions ~OIi~S & StOI~~S California Palms Project 75D-55 1 _~ a ~ o l ` ~ ~~ LL N N l ~~ y R __- __ __ _. ;_ __-_ a ~°. R is _o ~~ ~ ~~ ~~ ~; `D 1332/1S 1N3H °' i a ~ F OLZ V` _ O 9011 ~$6C m M.#Y£ 1 iCl 3~~ ~p o R ^ u J F vry, _I ~ 9L~ a I e ~ ~~ l ~ _ ~ ";z ,~,u ~~ o tl ~r , ~~= N~. ~ [ I \~ =.F, ° ~ ~ ~~~ ~ ~ e 4 - _- ^~ € o .~i e x i a _ _ a ~ _ I~y ~~ ~~ -. ~ ~~°~ t B }\ ry /M3A y0 ~1 HL IYMJA I +~ ~ ~ ~ ~ t ~ L? o -.._. ~ - ~ s ,_ _ ,.. ~ ~ i a h ~ o t m ~ ~ o ~., ^~ La .. .~ I ,~~ -J -- y ~ I ~(/ .. ~ ` ~q ~ +„ s ry P ~ i a~-I o. •. - i ~ L ~ e i _.. _.I o III ~ °-. ~ '~r.~~ s ~ ~ ~~~ co 2 z ~, N vz sz ` ~ ~N]' ~ ~ ~ ~~ ~ ~ ~ ar o~ - a m m ~ N e, I f O r la~ J Q ~ ,:: ~ I ''~ ~ ~ ~j ,E /Jq e m a i s` ~ S sa ~_~ ~V ~ ~"' c , 1 - ~ soure ~ .. 1i ~~OLZ ~ W H~ m m _ Ei - e.. as nit 'e € _ ~ $ K C~ "g mmxa ~~ ~A ~ ~~ e ~ 0 (LG9Z~~Iy.yV~~ yl$~~~d ~ ppr]dF'4V A GO P6Z001 tlNV tl1NVS d0 ,LIp 1 g103fO2id A 51'J 1 N t j City of Santa Ana Chapter 2. Project Description Zoning The project site is designated SP-2. A zoning designation of SP-2 indicates that the proposed project site is part of the North Harbor Specific Plan. Implementation of the proposed project requires a zoning ordinance amendment and a conditional use permit. Discretionary Approvals Required The City of Santa Ana is the lead agency under CEQA and is responsible for planning and implementing the projecC. The applicant requests the following discretionary actions to implement the project: ^ North Harbor Specific Plan amendment, ^ conditional use permit, ^ major site plan review, ^ design review committee, and ^ mitigated negative declaration. Initial Study/Mitigated Negative Declaration 2-5 gas ozss.o~ 75D-57 Chapter 3 Environmental Checklist For CEQA Compliance PLANNING DIVISION I. Project Title: California Palms II. Project Numbers: ZOA2007-2 and CUP2007-7 111. Lead Agency Name and Address: City of Santa Ana, Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 P.O. Box 1988 Santa Ana, CA 92702 IV. Environmental Coordinator and Phone Number: Ann Ni (714) 667-2700 V. Location: 901 South HarborBoulevard, Santa Ana, CA. VI. Environmental Determination. On the basis of this initial evaluation, I find that: A. ^ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. ~ Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicaht. A MITIGATED NEGATIVE DEC~,4RATION will be prepared. C. ^ The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. ^ Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in ah earlier EIR (EIR No. -)pursuant to applicable standards and (b) have been avoided or mitigated pursuant to thatearlier EtR; including revisions ormitigation measures that are imposed upon the project, nothing further is required. E. ^ Pursuant to Section 15164 of the CEQA Guidelines, an EIR {EIR No. -)has been prepared earlier and only minor technical changes or additions are necessary to make the previous ElR adequate and these chahges do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. ^ Pursuant to Section 15162 of the CEQA Guidelines,. an EIR (EIR No. -)has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. 5-3t- n Date Initial Study/Mitigated Negative Declaration 3-t J850296.Oi 75D-58 Ann NI Associate Planner Printed Name Environmental Checklist For CEQA Compliance Project Sponsor's Name and Address: City of Santa Ana Planning and Building Agency General Plan Designation: General Commercial (GC) Description of Project: The project consists of the renovation of the existing California Palms Motel so that the project site can be designated atransient/residential hotel to comply with Ordinance No. NS-2471. Building exteriors and interiors, parking, and landscaping would be changed to comply with design and development standards associated with the ordinance. The 207-unit motel would be reduced to a 190-unit transientlresidential hotel. The northernmost driveway would be removed and replaced by landscaping and barbeques. Existing straight concrete pathways between buildings and onsite amenities. would be removed and replaced with meandering walkways and vegetation. Ingress and egress points on the property would be improved so that they comply with the City of Santa Ana Municipal Code. Anew use district would be added to the SP2 as part of the proposed project. Surrounding Land Uses: The project site is surrounded by single-family residential uses to the east, commercial uses to the north and west, and multiple-family residential and vacant commercial to the south. Zoning: The project site is designated GC in the SP2. The City of Santa Ana Municipal Code states that hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses are permitted in GC districts subject to the issuance of a conditional use permit. The project site is not located within one of the five focus project areas listed in the NHSP. California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-2 75D-59 J85 0296.0] l ,-,- ~ ~ Environmental Checklist For CEQi4 Compliance Environmental Factors Potentially Affected: 1 The environmental factors checked below reflect potentially significant impacts associated with the proposed project, as indicated by the checklist on the following pages. O Aesthetics O Mineral Resources l O Agricultural Resources O Noise ~ O Air Quality O Population /Housing O Biological Resources O Public Services I ~ O Cultural Resources O Recreation i O Geology /Soils O Transportation /Traffic O Hazards and Hazardous Materials O Utilities /Service Systems j O Hydrology /Water Quality O Mandatory Findings of Significance O Land Use and Planning California Palms May 2007 Initial Study/Mitigated Negative Declaration 33 J85 0296.0] 75D-60 Environmental Checklist For CEQA Compliance Evaluation of Environmental Impacts: A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Less Than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Less Than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics -Would the project: A. Have a substantial adverse effect on a scenic vista? ^ ^ ® ^ B. Damage scenic resources, including but not limited ^ ^ ^ to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? ^ ^ ^ D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ^ ^ ^ California Palms Initial Study/Mitigated Negative Declaration 3-4 75D-61 May 2007 das ozes.a~ Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Less Than Significant Potentially with Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or ^ ^ ^ Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) B. Conflict with existing zoning for agricultural use or ^ ^ ^ a Williamson Contract? C. Involve other changes in the existing environment ^ ^ ^ which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? III. Air Quality -Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of ^ ^ ® ^ applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard ^ or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase ^ ^ of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceed quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ^ ^ concentrations? ^ ^ ® ^ California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-5 ~'i J8S 0296.0] 75D-62 ~ \ ~ Environmental Checklist For CEQA Compliance Less Than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact E. Create objectionable odors affecting a substantial ^ ^ ® ^ number of people? IV. Biological Resources -Would the project A. Have a substantial adverse impact, either directly ^ ^ ^ or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian ^ ^ ^ habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands ^ ^ ^ (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances ^ ^ ^ protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources -Would the project: A. Cause a substantial adverse change in the ^ ^ ^ significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the ^ ^ ^ significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique ^ ^ ^ paleontological resource or site? California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-6 75 D-63 J8S 0296.0] ~ ~ ~ ~ Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? VI. Geology and Soils -Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? C. Would the project result in the loss of a unique geologic feature? D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ^ ® ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ ^ California Palms May 2D07 Initial Study/Mitigated Negative Declaration 3-7 75D-64 ~$SOZ96o' Environmental Checklist For CEQA Compliance Potentially Significant Issues & Supporting Information Sources Impact VII. Hazards and Hazardous Materials -Would the project: A. Create a significant hazard to the public or the ^ environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or ^ acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of ^ hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use ^ plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality- Would the project: A. Violate Regional Water Quality Control Board ^ water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or ^ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Less Than Significant with Less Than Mitigation Significant No Incorporated Impact Impact ® ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ ^ l:alltornla Palms Initial Study/Mitigated Negative Declaration 3-8 750-65 May 2007 J85 0296.0] - ~ - Environmental Checklist For CEQA Compliance Less Than. Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact C. Substantially alter the existing drainage pattern of ^ ^ ^ the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? D. Create or contribute runoff water which would ^ ^ ® ^ exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? E. Place housing within a 100-year floodplain, as ^ ^ ® ^ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? F. Place within a 100-year floodplain structures which ^ ^ ® ^ would impede or redirect flood flows? G. Place housing within a 100-year floodplain, as ^ ^ ® ^ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? IX. Land Use and Planning -Would the project: A. Physically divide an established community? ^ ^ ^ B. Conflict with any applicable land use plan, policy, ^ ^ ® ^ or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation ^ ^ ^ plan or natural community conservation plan? California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-9 75 D ~~ ~ das ores o~ ~ \ ~ Environmental Checklist For CEQA Compliance Less Than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact X. Mineral Resources- Would the project: A. Result in the loss of availability of a locally- ^ ^ ^ important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. Noise -Would the project result in: A. Exposure of persons to or generation of noise ^ ® ^ ^ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ^ ^ ® ^ groundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise ^ ^ ® ^ levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ^ ^ ® ^ ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use ^ ^ ® ^ plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-10 75D-67 850296.0' Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources XII. Population and Housing -Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? Police protection? Schools? Parks? Other public facilities? Initial Study/Mitigated Negative Declaration 3-11 75D-68 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ^ ^ ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ^ May 2007 gas sz9s.o~ ~ \ ~ Environmental Checklist For CEQA Compliance Less Than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XIV. Recreation A. Would the project increase the use of existing ^ ^ ® ^ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. B. Does the project include recreational facilities or ^ ^ ® ^ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation /Traffic A. Cause an increase in traffic which is substantial in ^ ® ^ ^ relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) B. Exceed, either individually or cumulatively, a level ^ ^ ^ of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including ^ ^ ^ either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature ^ ® ^ ^ (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? E. Result in inadequate emergency access? ^ ^ ® ^ F. Result in inadequate parking capacity? ^ ^ ^ G. Conflict with adopted policies supporting ^ ^ ® ^ alternative transportation (e.g. bus turnouts, bicycle racks)? California Palms May 2007 Initial StudylMitigated Negative Declaration 3-12 75D-69 ~&SO296o' - ~ - Environmental Checklist For CEQA Compliance Less Than Sign cant Potentially with. Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the ^ ^ ® ^ applicable Regional Water Quality Control Board? B. Require or result in the construction of new water ^ ^ ^ or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm ^ ^ ^ water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the ^ ^ ^ project from existing entitlements and resources dr are new or expanded entitlements needed? E. Result in the determination by the wastewater ^ ^ ^ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? F. Is the project served by a landfill with sufficient ^ ^ ® ^ permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and ^ ^ ^ regulations related to solid waste? California Palms May 20117 Initial Study/Mitigated Negative Declaration 3-13 7 5 D ~~ O gas o2es o7 - \ - Environmental Checklist For CEQA Compliance Less Than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the ^ ^ ® ^ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually ^ ^ ® ^ limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). C. Does the project have environmental effects which ^ ^ ® ^ will cause substantial adverse effects on human beings, either directly or indirectly? California Palms Initial Study/Mitigated Negative Declaration 3-14 75D-71 May 2007 J&5 0296.01 J ~ ~ Environmental Checklist For CEQA Compliance Aesthetics A. Less Than Significant Impact. The proposed project would result in a less than significant impact because it would not change visual elements along the Harbor Boulevard intercity corridor. The Scenic Corridors Element of the Santa Ana General Plan (City of Santa Ana 1982:27) identifies certain corridors that serve as major views and vantage points to the City of Santa Ana. These corridors consist of existing scenic vistas or views open to the public. The proposed project is located along Harbor Boulevard, which is designated as an intercity corridor. Intercity corridors act as major image-makers for the City of Santa Ana. Although the proposed project is located along an intercity corridor as designated by the general plan, it would not obstruct any scenic vista in the City because it would not add new scenic elements in the intercity corridor. A less than significant impact would occur. B. No Impact. The Orange Freeway (SR-57), Newport Freeway (SR-55), and Garden Grove Freeway (SR-22) are the three state highways that can be found in the City of Santa Ana. The proposed project is a developed area and does not include any scenic resources, nor is the project located on a state highway or a scenic highway. No impact would occur. C. No Impact. The proposed project would not impact the existing visual character or quality of the site and its surroundings because the proposed project would improve the visual character of the project site. The project is located in an area that is zoned and developed as GC within the City's NHSP. The surrounding area is developed in the same character as the proposed project. Furthermore, the proposed project would use an existing structure and does not propose to develop any new buildings. The project would not result in substantial degradation of the existing visual character or quality of the site or its surroundings. Landscaping and building exteriors would be changed to be consistent with Ordinance No. NS-2471 (City of Santa Ana 2001). As such, building exteriors would comply with the Design and Development Standards for Transient/Residential Hotels (City of Santa Ana 2003) provided as part of Ordinance No. NS-2471. Implementation of the Design and Development Standards for Transient/Residential Hotels will improve the visual character of the project site. No impact would occur. No Impact. As mentioned above, the project is located in an area that is zoned for and developed with commercial land uses. The existing site includes pole-mounted lighting in the parking lot and building lights for security. The proposed project would not incorporate any new light sources. Minor lighting modifications may be made on the building during exterior renovations. No impact would occur. II. Agricultural Resources A. No Impact. According to the Santa Ana General Plan and the Farmland Mapping and Monitoring Project (FMMP), no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance is located on the project site or in the vicinity of the proposed project. The FMMP designates the project site Urban and Built Up Land (California Department of Conservation, Division of Land Resource Protection, FMMP 2006). Therefore, no important farmland would be converted as a result of the proposed project. No impact would occur. California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-15 75D-72 ~85o2sso, Environmental Checklist For CEQA Compliance No Impact. The Williamson Contract applies to parcels consisting of at least 20 acres of Prime Farmland or at least 40 acres of land not designated as Prime Farmland. The California Department of Conservation indicates that there are no Williamson Act Contract or Preservation lands on or near the project site (California Department of Conservation, Division of Land Resource Protection, Williamson Act Program 2006). Therefore, no Williamson Contract lands would be removed as part of the proposed project. The proposed project site is zoned as SP-2 -Specific Plan (City of Santa Ana 2005) and designated GC in the NHSP (City of Santa Ana no date). Therefore, the proposed project would not conflict with existing agricultural zoning. No impact would occur. C. No Impact. The proposed project would not disrupt or damage the operation or productivity of any areas designated as farmland. As discussed above, no farmland is located within the project site or within the surrounding areas that would be affected by any elements of the proposed project. The project would not induce growth that could result in the premature conversion of existing farmland in the area. No impacts would occur. III. Air Quality A. Less Than Significant Impact. The proposed project would not conflict with or obstruct the implementation of applicable air quality attainment or congestion management plans because the proposed project is accounted for in both the South Coast Air Quality Management Plan and the Orange County Congestion Management Plan. Therefore, the proposed project would result in a less than significant impact. The project site is located within the 6,600-square-mile South Coast Air Basin (Basin). The South Coast Air Quality Management District (SCAQMD) is required, pursuant to the federal Clean Air Act, to reduce emissions of criteria pollutants for which the Basin is in nonattainment (i.e., carbon monoxide [CO], ozone [03], particulate matter 10 microns in diameter or less [PM10] and particulate matter 2.5 microns in diameter or less [PM2.5]). As such, the project would be subject to the SCAQMD's Air Quality Management Plan (AQMP). The AQMP contains a comprehensive list of pollution control strategies directed at reducing emissions and achieving ambient air quality standards. These strategies are developed, in part, based on regional population, housing, and employment projections prepared by the Southern California Association of Governments (SCAG). SCAG is the regional planning agency for Los Angeles, Orange, Ventura, Riverside, San Bernardino, and Imperial Counties, and addresses regional issues relating to transportation, economy, community development, and environment. With regard to air quality planning, SCAG has prepared the Regional Comprehensive Plan and Guide (RCPG), which includes Growth Management and Regional Mobility chapters that form the basis for the land use and transportation control portions of the AQMP and that are used in the preparation of the air quality forecasts and consistency analysis included in the AQMP. Both the RCPG and AQMP are based, in part, on projections originating with County and City general plans. Although the proposed project would change the zoning and specific plan designation of the project site, the proposed use of the project site would not be California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-16 J&5 0296.01 75D-73 Environmental Checklist For CEQA Compliance substantially different from existing uses. Trips calculated for existing land use and zoning designations on site are 1,165 daily trips. The proposed project would result in 1,277 daily trips; this represents an increase of 112 daily trips over existing traffic estimates. SCAQMD estimates a total of 52,539,300 average daily trips as part of the models used in the AQMP (SCAQMD 2003). An increase of 112 daily trips that would occur as a result of the proposed project and a similar land use as the existing motel would not result in a substantial increase in pollutants calculated as part of the SCAQMD air quality models (SCAQMD 1993). As such, proposed project-related emissions are accounted for in the AQMP, which is crafted to bring the Basin into attainment for all criteria pollutants. Potential impacts would be less than significant, and no mitigation measures are necessary. B. Less Than Significant Impact with Mitigation Incorporated. The proposed project would result in less than significant impact to air quality standards related to dust after implementation of Mitigation Measure AQ-1. As discussed above, the project site is located within the Basin. State and federal air quality standards are often exceeded in many parts of the Basin. SCAQMD Rule 403 (SCAQMD 2005) governs emissions related to fugitive dust release. The proposed project would contribute to regional air pollutant emissions during construction and project occupancy. However, emissions from the small amount of construction equipment and demolition required on site would not exceed SCAQMD thresholds. Also, the small increase in average daily trips and vehicular miles traveled would not exceed SCAQMD thresholds. Although emissions are not anticipated to exceed existing air quality standards, Mitigation Measure AQ-1 will ensure that no violations of SCAQMD Rule 403 occur. Potential impacts would be less than significant with the implementation of Mitigation Measure AQ-1. AQ-1 All construction and operations will comply with SCAQMD rules and regulations. All applicable control measures listed in SCAQMD Rule 403 will be used to minimize impacts to air quality. These include but are not limited to the following measures: 06-1 stabilize wind erodible surfaces to reduce dust, 06-2 stabilize surface soil where support equipment and vehicles will operate, 06-3 stabilize loose soil and demolition debris, 06-4 comply with AQMD Rule 1403, 07-1 stabilize disturbed soil throughout the construction site, and 07-2 stabilize disturbed soil between structures. C. Less Than Significant Impact. The proposed project is accounted for in the AQMP; therefore, the proposed project would result in a less than significant impact to cumulatively considerable net increases of criteria pollutants in anon-attainment area. The SCAQMD's approach for assessing cumulative impacts is based on the AQMP forecasts of attainment of ambient air quality standards in accordance with the requirements of the federal and state Clean Air Acts. As discussed above in response to Section III.A, project emissions are accounted for in the AQMP, which is intended to bring the Basin into attainment for all criteria pollutants. In addition, the mass regional emissions for the proposed project are anticipated to be less than the applicable SCAQMD daily significance thresholds, which are designed to assist the California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-17 75 D-74 J85 0296.07 Environmental Checklist For CEQA Compliance region in attaining the applicable state and national ambient air quality standards. As such, cumulative impacts would be less than significant. D. Less Than Significant Impact. The proposed project would result in a less than significant impact because the proposed project would not expose sensitive receptors to substantial pollutant concentrations. Sensitive receptors include land uses such as homes and schools where receptors would be more susceptible to health effects from air pollution. Sensitive receptors in the vicinity of the proposed project include homes located east and southeast of the project site. No schools are located in the vicinity of the proposed project. The closest school to the proposed project is New Hope Elementary School, which is located approximately 0.5 mile southwest of the proposed project. As described above in response to Section III.B, construction and operation of the proposed project would not result in any substantial localized or regional air pollution impacts and therefore would not expose any nearby sensitive receptors to substantial pollutant concentrations. Also, implementation of Mitigation Measure AQ-1 would reduce fugitive dust from the project site in compliance with SCAQMD Rule 402. Potential impacts would be less than significant, and no mitigation measures are necessary. Less Than Significant Impact. Mandatory compliance with SCAQMD Rules will result in a less than significant impact as a result of objectionable odors. According to the SCAQMD CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding (SCAQMD 1993). The proposed project would not include any land uses identified by the SCAQMD as being associated with odors and therefore, would not produce objectionable odors. Potential sources that may emit odors during construction activities include asphalt paving and the use of architectural coatings and solvents. SCAQMD Rules 1108 (SCAQMD 1985) and 1113 (SCAQMD 2006) limit the amount of volatile organic compounds from cutback asphalt, architectural coatings, and solvents. Via mandatory compliance with SCAQMD rules, no construction activities or materials are proposed that would create a significant level of objectionable odors. Potential impacts during short-term construction would be less than significant. IV. Biological Resources A. No Impact. The project site is located in a fully urbanized setting and is void of any native vegetation or wildlife habitat; therefore, it does not have the potential to accommodate sensitive biological resources. No impacts would occur. No Impact. The site is void of any riparian habitat or other natural communities; therefore, it does not have the potential to accommodate sensitive biological resources. No impacts would occur. C. No Impact. The project would not result in impacts to wetland areas as no wetlands are located on the project site. No impacts would occur. California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-18 J85 0296.D1 75D-75 Environmental Checklist For CEQA Compliance No Impact. The project site does not contain any biological resources that are protected by local policies. Therefore, the project would not conflict with any local policies or ordinances protecting biological resources. No impacts would occur. V. Cultural Resources A. No Impact. The project site does not have any structures listed on local, state, or federal historic resource lists and have not been determined to be eligible for such lists (City of Santa Ana 1998:A-54). Interior and exterior renovations of the structures would not cause adverse changes or significance to historic resources. No impacts would occur. B. No Impact. The project site is located within an urbanized area and has been disturbed by previous and existing development; therefore, it is unlikely that any significant archaeological resources exist on site (City of Santa Ana 1998:A-53). No impacts would occur. C. No Impact. The project site is located within an urbanized area and has been disturbed by previous and existing development; therefore, it is unlikely that any significant paleontological resources exist on site. No impacts would occur D. Less Than Significant with Mitigation Incorporated. The project site is not known to contain -human remains interred inside or outside formal cemeteries. The proposed project site is not located on a cemetery or burial ground, is currently developed; and has been disturbed in the past. The proposed project would include only a minimal amount of grading associated with resurfacing of the parking lot. Discovery of human remains is governed by state law, which requires stop of work and reporting to authorities. Although it is unlikely that human remains would be discovered at the project site, in the event that human remains are discovered on the project site during construction activities, Mitigation Measure CR-1 will reduce any unforeseen impacts related to the discovery of human remains to below a level of significance. CR-1 In the event that human remains are found on the project site, all work will stop and the County Coroner will be called to assess the remains and exhume them. In the event that the County Coroner recognizes the remains as being of Native American origin, the County Coroner is responsible to contact the Native American Heritage Commission within 24 hours. The Commission has various powers and duties to provide for the ultimate disposition of any Native American remains, as does the assigned Most Likely Descendant. Sections 5097.98 and 5097.99 of the Public Resources Code also call for "protection to Native American human burials and skeletal remains from vandalism and inadvertent destruction." VI. Geology and Soils A-1 No Impact. According to the most recent Alquist-Priolo Zoning Map, no known fault traces are located in the City of Santa Ana (California Department of Conservation, California Geologic Survey 2006). No impact would occur. California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-19 75D-76 ~85o2sso' Environmental Checklist For CEQA Compliance A-2 Less Than Significant Impact. Seismic hazard from ground shaking is typical for large areas of southern California. However, the project is limited to interior and exterior renovation of existing structures and does not involve new construction. All demolition would occur in accordance with building and safety standards as specified by the City Building Division. Potential impacts would be less than significant, and no mitigation measures would be necessary. A-3 Less Than Significant Impact. According to Exhibit A-7 of the Santa Ana General Plan Land Use Element, the project site is located in an area of high-very high liquefaction hazard (City of Santa Ana 1998:A-39). However, the project is limited to interior and exterior renovation of existing structures and does not involve new construction. All demolition would occur in accordance with building and safety standards as specified by the City Building Division. Potential impacts would be less than significant, and no mitigation measures would be necessary. A-4 No Impact. The project area is generally flat and implementation of the proposed project would not require slope cuts that could result in landslides. No unstable hills or cliffs are located in the project vicinity. No impacts associated with landslides would occur. B. No Impact. The proposed project is currently developed and consists of large amounts of impermeable surfaces (asphalt, concrete, and buildings) that are not susceptible to erosion. Furthermore, low topographic relief on site is not significant; therefore, no impacts associated with substantial erosion or loss of topsoil would occur. C. No Impact. The project site has been previously developed and does not contain any unique geological or physical feature. No impact would occur. D. Less Than Significant Impact. According to City of Santa Ana General Plan Land Use Element, the proposed project is located on sensitive or unstable soil, in an area of liquefaction or subsidence (City of Santa Ana 1998: A-40). However, the project is limited to interior and exterior renovation of existing structures and does not involve new construction. All demolition would occur in accordance with building and safety standards as specified by the City Building Division. Potential impacts would be less than significant, and no mitigation measures would be necessary. _. No Impact. Sewer access is available throughout the project area. No septic tanks or alternative wastewater disposal systems are included as part of the proposed project. The project site would tie into existing subterranean sewer lines located along Harbor Boulevard. No impacts would occur. VII. Hazards and Hazardous Materials A. Less Than Significant Impact with Mitigation Incorporated. Implementation of the proposed project may be associated with the disposal of hazardous substances as a result of the demolition of the various structures. Development of the proposed project would require the demolition of existing interior and exterior features on the site. The buildings on site were constructed in 1965 and 1967 and no extensive renovations to the existing structure have occurred since that time (Ni pers. comm.). This indicates that the structures may contain asbestos-containing building materials, California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-20 J&5 0296.0] 75D-77 .i , ~ ~ Environmental Checklist For CEQA Compliance lead-based paint, and/or polychlorinated biphenyl containing lighting ballasts. -l Mitigation Measure HM-1 will ensure that proper disposal of any hazardous materials, if discovered, will be followed as directed by the City of Santa Ana Building Division and Fire Department. Impacts are therefore considered less than significant with mitigation incorporated. HM-1 As a condition of approval for a demolition permit, an asbestos-containing materials, lead-based paint, and polychlorinated biphenyl survey will be performed by a qualified environmental professional and conducted in accordance with all federal, state, and local requirements, including those established by National Emissions Standards for Hazardous Air Pollutants (NESHAPS) guidelines and the Occupational Safety and Health Administration (OSHA). A report will be furnished by said qualified environmental professional and will outline the occurrence of hazardous materials on the project site. If asbestos containing materials are discovered during site investigations, all potentially friable asbestos-containing materials will be removed in accordance with federal, state, and local laws and the NESHAP guidelines prior to building demolition or renovation that may disturb the materials. All demolition activities will be undertaken in accordance with California Occupational Safety and Health Administration (Cal/OSHA) standards, contained in Title 8 of the California Code of Regulations (CCR), Section 1529, to protect workers from exposure to asbestos. Materials containing more than 1 % asbestos are also subject to SCAOMD regulations. Demolition performed in conformance with these federal, state, and local laws and regulations will avoid significant exposure of construction workers and/or the public to asbestos containing materials. If lead-based paint is discovered during onsite investigations, all building materials containing lead-based paint will be removed in accordance with Cal/OSHA lead in construction standard, Title 8, CCR 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead-based paint or coatings will be disposed of at landfills that meet acceptance criteria for the waste being disposed. Demolition performed in conformance with these federal, state, and local laws and regulations will avoid significant exposure of construction workers and/or the public to lead-based paint. I If polychlorinated biphenyls (PCBs) are discovered during onsite investigations, all PCB-containing lighting ballasts will be removed and disposed of in conformance with federal, state and local laws and regulations so as to avoid exposure of construction workers and/or the public to PCB-containing materials. B. No Impact. The proposed project is not within 0.25 mile of an existing or proposed school. The closest school to the project site is New Hope Elementary School, located approximately 0.5 mile southwest of the project site. No impact would occur and no mitigation measures would be necessary. Initial Study/Mitigated Negative Declaration 3-21 75D-78 dos ozss.m Environmental Checklist For CEQA Compliance C. No Impact. The proposed project site is not identified as a hazardous material site nor is on any lists compiled by the City of Santa Ana Fire Department (Ellman pers. comm.). Therefore, no impacts would occur. D, No Impact. The project is not located within an airport land use plan or within 2 miles of an airport. The closest airport to the project site is John Wayne Airport approximately 4.5 miles southeast of the project site. No new structures would be constructed at the project site. The proposed project would not result in hazardous obstructions to operations at John Wayne Airport (City of Santa Ana 1998: A-45). No impacts would occur. VIII. Hydrology and Water Quality A. Less Than Significant Impact with Mitigation Incorporated. The proposed project does not include a substantial amount of new construction on the proposed project site. The existing structure would be utilized and modified internally and externally to conform to City Ordinance No. NS-2471 standards. The proposed project would reduce impervious surfaces by removing a driveway on the southern end of the project and concrete walkways throughout the site and replacing these impervious surfaces with planters and grass areas. Runoff from the project area would be similar to existing conditions and would not degrade water quality standards or significantly violate waste discharge requirements. Best management practices (BMPs) included as part of Mitigation Measure WQ-1, would further limit impacts from project site runoff. Impacts are therefore considered less than significant with mitigation incorporated. WQ-1 A Water Quality Management Plan (WOMP) will be prepared and implemented as part of the design of the project. The WQMP will include structural treatments and non-structural best management practices (BMPs), including installation of storm filters, and other control mechanisms. 3. No Impact. The proposed project site is currently developed and mostly paved; therefore, the project site is not a source of groundwater recharge. No impact would occur. C. No Impact. The existing site is mostly impermeable to stormwater due to the impermeable surfaces on site. stormwater runoff currently drains to the storm drains located along Harbor Boulevard and Kent Street. Site drainage after development would continue to be the same. No streams or rivers pass through the proposed project site. No impact would occur. D. Less Than Significant Impact. The proposed project would not increase flooding potential or result in any substantial change in the drainage patterns on or adjacent to the project site. Because of the urban character of the area and the use of the project site as a motel, substantial amounts of stormwater are not readily absorbed into the soil. The existing drainage would remain the same across the proposed project site with little change due to the minor decrease in impervious surfaces. The removal of the driveway in the north part of the project site and the addition of (awns and planters would have beneficial impacts to water quality because they would remove impermeable surfaces on the project site. A less than significant impact would occur. Initial Study/Mitigated Negative Declaration 3-22 75D-79 zoos J85 0296.0] -, - - Environmental Checklist For CEQA Compliance --I E. Less Than Significant Impact. The project site is located within the 100-year floodplain associated with the Prado Dam inundation zone (City of Santa Ana 1998: A-41). Prado Dam is a flood control and water conservation project constructed and operated by the U.S. Army Corps of Engineers, Los Angeles District. The Los Angeles District has begun construction to increase the capacity of the reservoir behind Prado Dam. Modifications to the dam are divided into three phases: 1. raise the height of the dam by 30 feet, build a new intake tower, and construct improvements to the dam's outlet works (Mar 2003 -Sept 2003); 2. construct dikes in the basin to protect property (Sept 2004 -Sept 2007); and 3. raise the height of the adjacent spillway by 20 feet (Jul 2006 -Jan 2008) (U.S. Army Corps of Engineers 2004). I However, in the event of a dam failure, based on the distance to Prado Dam, the projected depth of potential floodwaters (less than 1 foot), and the emergency warnings that would be issued in the event of dam failure, the project would not expose people or structures to a significant risk. Impacts would be less than II significant. Less Than Significant Impact. The project would involve the renovation of existing structures. As stated previously under Section VIII.E, although the proposed project is located within the 100-year floodplain, improvements to Prado Dam would limit impacts to the project site. Therefore, existing structures on the project site would not impede or redirect flood flows. Impacts would be less than significant. G. Less Than Significant Impact. As stated previously under Section VIII.E, the proposed project is within the 100-year floodplain; however, improvements to Prado Dam would limit impacts to the project site. Impacts would be less than significant. IX. Land Use and Planning A. No Impact. The proposed project involves the renovation of an existing motel and redesignation of the project site to comply with zoning, land use, and design and development standards associated with Ordinance No. NS-2471. The amended zoning and land use designations for the project site would be compatible with the mix of land uses that border the site, including residential to the east and commercial uses to the north, south, and west. Existing uses on the property would be maintained and the zoning would be amending to reflect these uses. Renovations of the existing motel buildings, and the revised zoning and land use designations associated with the proposed project would not divide the existing community. No impacts would occur. B. Less Than Significant Impact. The project site is zoned as SP-2, which indicates that it is part of the NHSP. The designation of the property in the NHSP is General Commercial (C-2). Existing onsite uses are compatible with the zoning code through a conditional use permit. Changing the land use and zoning designation of the project site to Transient/Residential Hotel would be incompatible with existing land use and zoning designations in the NHSP. However, as part of the project, the City California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-23 75 D-80 ~&S 029fi 0~ Environmental Checklist For CEQA Compliance would add Transient/Residential Hotel as a conditionally permitted use within the General Commercial district of the NHSP. C. No Impact. The proposed project is located in an urbanized setting and no locally designated species or natural communities are known to exist in the project area. The site is not part of any habitat conservation plan or natural community preservation plan. Therefore, no impacts would occur. X. Mineral Resources A. No Impact. There are no areas designated in the Surface Mining and Reclamation Act of 1975 (SMARA) or existent oil fields within the City of Santa Ana (City of Santa Ana 1998:A-44); therefore, no impacts would occur. XI. Noise A. Less Than Significant with Mitigation Incorporated. The proposed project would result in significant adverse impacts to interior spaces due to exceedance of the noise standards set forth by the City of Santa Ana. Mitigation Measures N-1 through N-4 will reduce impacts to below a level of significance. The following summarizes the results presented in the California Palms Focused Noise Study prepared by Synectecology. Exterior Noise The proposed project would include the conversion of a motel to a transient/residential hotel. The use would be considered as ahigh-density residential use and the City sets a maximum limitation of 70 decibels of A-weighted sound level (dBA) Community Noise Equivalent Level (CNEL) for habitable exterior spaces. CNEL is defined as the average A-weighted noise level during a 24-hour day, obtained after addition of 5 decibels in the evening from 7:00 p.m. to 10:00 p.m. and after addition of 10 decibels to sound levels measured in the night between 10:00 p.m. and 7:00 a.m. Habitable exterior spaces are spaces outside of a dwelling that can be used for living, sleeping, eating, or cooking (i.e. pool and BBQ areas). As noted in the Noise Study (Synectecology 2005:5), the most prevalent source of noise at the project site is from traffic traveling along Harbor Boulevard. The CNEL was inferred to be about 58 to 59 dBA in exterior habitable spaces. At buildout of the City of Santa Ana General Plan, traffic along Harbor Boulevard is projected to increase from about 42,000 ADT to 47,000 ADT. This increase would raise future noise levels by 0.5 dBA CNEL. Future noise levels in the habitable areas would be raised accordingly, but would remain under 60 dBA CNEL (Synectecology 2005:13). Impacts to exterior habitable areas as a result of noise would be less than significant. Interior Noise Monitoring in Room 462 located along Harbor Boulevard indicates an existing, in- room CNEL of approximately 50.7 dBA. This level would be raised by about 0.5 dBA to approximately 51.2 dBA CNEL at buildout. Based on a 45 dBA CNEL interior standard, the impact of noise on the proposed land use would be significant California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-24 75 D-81 J85 0296.0] _ , ~ ~ Environmental Checklist For CEQA Compliance (Synectecology 2005:13). Mitigation Measures N-1 through N-4 would reduce impacts associated with the increase in dBA contours in the interior habitable spaces to below a level of significance. N-1 All rooms will include forced air ventilation allowing the residents to leave windows closed reducing interior noise level. N-2 The developer will specify a minimum Sound Transmission Class (STC) rating of 29 for all window and/or door assemblies that front Harbor Boulevard (west facing). These windows and/or doors are to be well fitting with vinyl (or equivalent) gaskets that form an airtight fitting. I N-3 All exterior fittings that enter the structures (e.g., electrical conduits, HVAC ducts) along Harbor Boulevard will be sealed with caulk such that the fittings are rendered airtight. Any metal ductwork that is exposed to the exterior I environment will be enclosed and insulated to avoid noise transference j through the ducting. N-4 Any in-room air conditioning units placed along Harbor Boulevard will be placed in baffled enclosures reducing transmitted noise, but allowing airflow. B. Less Than Significant Impact. The proposed project would involve the renovation and operation of an existing motel. Construction would be limited primarily to hand tools and no large-scale use of heavy equipment would be required. Additionally, no excessive groundborne vibrations or groundborne noise would be created by the operation of the proposed project (Synectecology 2005:14). Though the project would not result in a significant noise impact from construction activities, Mitigation Measures N-5 through N-8 are recommended as project enhancement measures to minimize noise generated during the construction phase of the project. These measures are additional to adherence to existing codes. N-5 All construction equipment will be in proper operating condition and fitted with standard factory noise attenuation features. All equipment will be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. N-6 Approved haul routes will be used to minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations. N-7 To the degree feasible, construction equipment will be sited away from adjacent residential land uses. N-8 Hydraulic hammer attachments used in pavement and structure demolition will be equipped with a silencing package. C. Less Than Significant Impact. The project includes the conversion of an existing motel to a transient residential hotel. Based on the trip generation value provided by RK Engineering and using the Caltrans Sound32 Noise Model, it was found that the increase in noise related to the increase in traffic associated with the change of land use designation is so small as to be immeasurable (i.e., less than 0.5 dBA CNEL) (Synectecology 2005:14). This is less than the significance criterion 3 dBA; i California Palms May Initial Study/Mitigated Negative Declaration 3-25 JSS @96.0] 75D-82 Environmental Checklist For CEQA Compliance therefore, there would be a less than significant impact as a result of a substantial permanent increase in ambient noise levels. D. Less Than Significant Impact. Short-term noise impacts are impacts typically associated with site preparation, excavation, grading, and construction of structures. However, the project includes renovation of existing structures and heavy equipment use would be limited. Most renovation would consist of remodeling and would occur within the rooms. Renovation could make use of common hand tools as well as small-scale pneumatic tools (e.g., nail guns). Local sensitive land uses include the residential units that are located on the east side of the facility. The closest of these units would be approximately 50 feet from the nearest renovation activities (Synectecology 2005:14). The municipal code recognizes that some forms of noise are required for urban development and maintenance and are difficult to control. Section 18-314(c) exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. Compliance with the code is requisite and as such, is not considered as mitigation under CEQA. While adverse, construction, when performed in compliance with the requirements of the municipal code, is considered to be less than significant. E. Less Than Significant Impact. The project site is located approximately 4.5 miles northwest of the John Wayne International Airport. The project is located to the west of the established flight path and is beyond the airport's 60 dBA CNEL noise contour (Airport Land Use Commission 2002). Implementation of the proposed project would not expose the site occupants to excessive aircraft noise levels and no mitigation measures would be necessary. There would be a less than significant impact. XII. Population and Housing A. No Impact. The proposed project includes the renovation of an existing motel including a reduction of the number of units in the motel to make the project site comply with Ordinance No. NS-2471. As some people residing at the motel use the facility for short-term housing, the proposed project would create a more permanent housing alternative to the motel. Although the proposed project would create a more permanent housing facility for those who use the existing motel for short-term housing, it would not create new jobs during operation because existing employees would continue to manage the property. No additional homes or businesses would be required to serve the residents at the transient/residential hotel. Also, no new roads would be required to serve the residents. Therefore, the project would not induce substantial population growth either directly or indirectly and no impacts would occur. B. Less Than Significant Impact. The project would reduce the number of units at the motel from 207 to 190. This would displace the people who may use the 17 units as short-term housing. This is a loss of less than 1% of the 73,002 (U.S. Census Bureau 2000:Matrices H3, H4, H5, H6, H7, and H16) total housing units available in the City of Santa Ana. Data from the U.S. Census for the City of Santa Ana indicate that approximately 2.1% (U.S. Census Bureau 2000:Matrices H3, H4, H5, H6, H7, California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-26 J85 0296.OI 75D-83 -i - - Environmental Checklist For CEQA Compliance and H16.) or 1,586 of the City's housing units are vacant. Of these vacancies, 700 _~ units are available for rent (U.S. Census Bureau 20DO:Matrices H3, H4, H5, H6, H7, and H16); therefore, there is adequate housing in the City of Santa Ana to accommodate the people who would be displaced from the project site. The construction of replacement housing would not be required because the City of Santa Ana has adequate housing to accommodate those displaced by the proposed project. There would be a less than significant impact. C. Less Than Significant Impact. As stated in Section XII.B above, adequate housing exists in the City of Santa Ana to house persons who use the motel as a short-term residence. Therefore, the impact would be less than significant. XIII. Public Services Fire Protection: Less Than Significant Impact. Implementation of the project could potentially contribute additional demand for fire protection and emergency medical services, including possible additional wear on fire equipment and increased use of medical supplies. The City of Santa Ana Fire Department would provide fire protective services to the propose project site. The project site would be served by the nearest fire station, Station 8, which is located at 501 N. Newhope Street and is approximately 0.6 mile northwest of the project site. Under the City's Mutual Aid Agreement for fire protection services with the neighboring Cities of Fountain Valley, Garden Grove, Tustin, Irvine, and Costa Mesa, Garden Grove Fire Station #3, located at 12132 Trask Avenue, would provide backup service as needed (Orange County Fire Authority date unknown). Based on the existing use of the project site as a motel and the short distance to the nearest fire station, the increase in service demand associated with the change in land use designation would not require new or additional fire facilities. Emergency vehicle access for the project would be provided to the project site via Harbor Boulevard or Kent Street. Prior to final site plan approval, the applicant would submit plans to the department for review of compliance with applicable water pressure and fire equipment regulations. Impacts would be less than significant. Police Protection - I Less Than Significant Impact. The Santa Ana Police Department would provide police protection services for the proposed project. The West End Sub-Station, located at 3750 W. McFadden Avenue, #I, (City of Santa Ana Police Department 2007) is the closest police station to the project site. Although the proposed project may increase the population at the project site by increasing the permanency of housing provided on site, it is not expected to place a significant added burden on the Santa Ana Police Department. Additionally, the department is currently patrolling the project site and surrounding areas. Emergency vehicle access for the project would be provided to the project site via Harbor Boulevard or Kent Street. Prior to final site plan approval, the applicant would submit plans to the department for review of compliance with applicable safety regulations. The project would not require new or additional police facilities. Impacts would be less than significant. California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-27 I J&5 D296.O1 75D-84 Environmental Checklist For CEQA Compliance Schools Less Than Significant Impact. School services in the City are provided by the Santa Ana Unified School District. The demand for new schools is generally associated with population increases or impacts on existing schools. Although it is unlikely that the population on site would increase, it is possible that the increase in permanent housing provided by the proposed project may increase the number of children housed at the project site. If it is assumed that no children currently live on site and that the average family in the City of Santa Ana consists of two parents and 2.72 children, there would be 517 children living on site as a result of the proposed project. Based on available census data for the City of Santa Ana, approximately 298 of the children on site would be school-aged children. Of these children approximately 165 would attend elementary school, 45 would attend middle school, and 88 would attend high school (U.S. Census Bureau 2000:Matrix P14). If families with children become residents at the proposed project site, the proposed project would increase the number of students attending schools. The project applicant would be required to pay development school impact fees to offset the increase in school population that would result from the proposed project. Impacts would be less than significant after payment of school impact fees. Parks Less Than Significant Impact. The demand for parks is generally associated with the increase of housing or population in an area. Although it is unlikely that the population on site would increase, it is possible that the increase in permanent housing provided by the proposed project may increase the population that use parks, which would increase demand on existing parks. Based on census data, the proposed project could increase the population by 897 persons (U.S. Census Bureau 2000:Matrices P17, P26, P27, P33, P34, P35). The project applicant would be required to pay park impact fees to offset the demand for parks caused by the increase in population on site. The impacts would be less than significant after payment of park impact fees. Other Public Facilities No Impact. The project would not require any other new or altered service facilities. No impacts would occur. XIV. Recreation A. Less Than Significant Impact. An increase in the use of parks is generally associated with the increase of housing or population in an area. Although it is unlikely that the population on site would increase, it is possible that the increase in permanent housing provided by the proposed project may increase the population that use parks, which would increase demand on existing parks. Based on census data, the proposed project could increase the population by 897 persons (U.S. Census Bureau 2000:Matrices P17, P26, P27, P33, P34, P35). The increase in population caused by the proposed project would accelerate the deterioration of existing recreational facilities. On site recreation facilities in the form of lawns, pool renovations, picnic areas, etc. would provide onsite recreation for residents so that residents would not need to use existing City recreational facilities. Although on site Initial Study/Mitigated Negative Declaration 3-28 J&5 0296.0] 75D-85 I ,-,- - - Environmental Checklist For CEQA Compliance recreation facilities would reduce impacts to existing City recreational facilities, the project applicant would be required to pay park impact fees to offset deterioration of existing parks when residents use City parks instead of on-site recreation facilities. The impacts would be less than significant because of the payment of park impact fees and the presence of onsite recreation. B. Less Than Significant Impact. The proposed project replaces some paved areas on site with lawns, and picnic and barbeque areas. It is not anticipated that the removal of paving and the installation of lawns and picnic areas on site will result in j an adverse physical effect on the environment. The impacts would be less than significant. XV. Transportation/Traffic A. Less Than Significant with Mitigation Incorporated. The project would result in additional traffic on the local roadway network in the vicinity of the project site. The trip generation study (RK Engineering Group, Inc. 2006) indicates that the existing motel generates 1,165 daily trips. The proposed 190-unit transient/residential hotel would generate 1,277 daily trips. The City Engineer for the City of Santa Ana reviewed the trip generation study and indicated that the additional motorists resulting from the conversion of the motel units to long-term rental would be using the intersection of N. Harbor Boulevard and Kent Street to enter and exit the project site. The City Engineer also indicated that a large number of accidents occur at the intersection and that the risk of accidents would increase due to the additional trips originating and ending at the project site. This would result in a potential adverse impact to safety at the intersection of N. Harbor Boulevard and Kent Street. Implementation of Mitigation Measures T-1 and T-2 would reduce impacts to a less than significant level. T-1 The project developer will contribute a fair share contribution coward the installation of a traffic signal at the intersection of N. Harbor Boulevard and Kent Street, in an amount determined by the City of Santa Ana Public Works Department. T-2 The project developer will install a right turn only sign facing motorists exiting the site from the project site driveway closest to Kent Avenue. B. No Impact. The Orange County Congestion Management Plan (CMP) states that "a traffic impact analysis (TIA) will be required for CMP purpose for all proposed developments generating 2,400 or more daily trips" and that "for developments which will directly access a CMP Highway System link, the threshold for requiring a TIA should be reduced to 1,600 or more trips per day' (OCTA 2005:61). The proposed project will access Harbor Boulevard and Kent Street, which are not CMP facilities. Furthermore, the proposed project will not produce more than 2,400 daily trips. Therefore, no threshold would be violated and no impact would occur. C. No Impact. The proposed project would not affect air traffic patterns. The project is not located in the vicinity of an airport or private airstrip, nor would it include any structures that would extend into the air and affect aircraft circulation. No impacts would occur. California Palms - May 2007 Initial Siudy/Mitigated Negative Declaration 3-29 dos azss.o~ 75D-86 Environmental Checklist For CEQA Compliance D. Less Than Significant with Mitigation Incorporated. As stated in Section XV.A, the City Engineer for the City of Santa Ana indicated that a significant adverse impact would occur at the intersection of N. Harbor Boulevard and Kent Street as a result of the proposed project. Implementation of Mitigation Measures T-1 and T-2 would reduce impacts to this intersection to a Tess than significant level. E. Less Than Significant Impact. The project would not result in inadequate emergency access. Additionally, the project would not affect existing emergency access routes. All appropriate fire and emergency access conditions would be incorporated into the design of the project. Prior to final site plan approval, the applicant will submit plans to the department for review of compliance with applicable fire equipment regulations. Impacts would be less than significant. No Impact. Section 41-1344 of the City of Santa Ana Municipal Code states that "the minimum off-street parking requirements for hotels and motels are as follows: one (1) space for each guest room, plus one (1) space for each ten (10) rooms, plus two (2) spaces for a manager's unit, if provided". No manager's unit is provided as part of the proposed project. The 190 rooms proposed as part of the transient/residential hotel require 209 parking spaces. A total of 210 parking spaces would be provided as part of the proposed project. This exceeds the amount of parking required as part of the municipal code. There would be no impact as a result of inadequate parking capacity. G. Less Than Significant Impact. The project would not conflict with adopted policies, plans, or programs supporting alternative transportation. No bike route is provided or proposed along either Harbor Boulevard or Kent Street as part of the City of Santa Ana Bikeway Master Plan (City of Santa Ana 2003). The project site is served by the Orange County Transit Authority (OCTA) bus route #47 along Harbor Boulevard and route #66 along McFadden Avenue (OCTA. 20D6. Bus System Map). Additionally, the project is within walking distance of a number of retail needs. No significant impacts would occur. XVI. Utilities and Service Systems A. Less Than Significant Impact. The project site is located within the service area of the Santa Ana Regional Water Quality Control Board (RWOCB). The project would not exceed the wastewater treatment requirements of the RWOCB. The site currently generates municipal wastewater. The proposed project would not result in the construction of additional building square footage; therefore, there would not be an increase in wastewater generated by the project site. Wastewater treatment requirements would not be exceeded and impacts would be less than significant. B. No Impact. The project does not involve either new construction or the expansion of existing onsite buildings. The project site would not generate any additional wastewater; therefore, no new or expanded water or wastewater treatment facilities would be required to accommodate the proposed project. No impacts would occur. C. No Impact. Refer to Section XVI.B California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-30 J&5 0296.07 75D-87 ~~ t ~'~ ~ ~ Environmental Checklist For CEQA Compliance D. No Impact. The proposed project would not involve either new construction or the expansion of existing buildings. The number of residents on site would not increase and the water required by the project site would not increase. Existing water supplies serving the site are sufficient to meet the needs of the proposed project. No new or expanded entitlements would be required to serve the project site. No impacts would occur. E. No Impact. Refer to Section XVI.B. F. Less Than Significant Impact. The project would generate additional solid waste as a result of the interior and exterior rehabilitation of the existing buildings. A preliminary review of landfills currently serving the project area shows significant remaining capacity. Santa Ana disposed of a total of 419,794 tons in the year 2004, at a rate of 2 pounds/resident/day and 12.1 pounds/employee/day (CIWMB 1995). A study of the area landfills and their remaining capacity is presented in the following ~ table. I Table 3-1. Remaining Capacity of Existing Landfills Serving the Project Area ~ Municipal Waste I Closure Remaining Capacity Contributed by Santa Ana Landfill Year (million cubic yards) in Year 2000 (tons) Arvin 2008 2.2 23.0 Bradley West and West 2007 4.7 4.0 Expansion Colton 2006 0.6 3.0 Frank R. Bowerman 2022 63 290,175 Olin da Alpha 2013 38 74,965 i Prima Deshecha 2067 87.4 2,158 Puente Hills #6 2013 62.3 2.p Simi Valley Landfill and 2034 9.5 33.0 Recycling Center Remaining Capacity in System 267.7 No additional residential waste would be generated by the proposed project. Construction waste generated by the proposed project during rehabilitation of - existing buildings would result in a temporary increase in the total construction and demolition waste stream anticipated by the City of less than 1%. There is likely sufficient current capacity to accommodate waste generated by the project. Less than significant impacts would occur. G. No Impact. The solid waste created by the demolition of the structures would be i removed per local, state, and federal guidelines. No significant impact is anticipated. Initial Study/Mitigated Negative Declaration 3-31 75D-88 May das ozss.a~ Environmental Checklist For CEQA Compliance XVII. Mandatory Findings of Significance A. Less Than Significant Impact. The project area is highly urban in character and does not contain biological resources that would be affected by the implementation of the project. Additionally, no cultural resources, either historical or prehistorical, are expected to be affected by the construction or operation of the project. No significant impacts would occur. Less Than Significant Impact. The project would not result in impacts that are cumulatively considerable. The City of Santa Ana identified two projects within the vicinity of the proposed project. These projects include a 22,OOD square foot commercial development at 421 N. Harbor Boulevard and a 44,000 square foot commercial/office development at 520 S. Harbor Boulevard. The proposed project has the potential to result in cumulative impacts in conjunction with these two projects: Implementation of the proposed project has the potential to temporarily increase dust levels in the project area. The proposed project in conjunction with those listed above would have the potential to contribute to a cumulative impact to air quality in the project area. The mitigation measure identified in Section III.B would reduce the significant air quality impacts associated with the proposed project to a level of less than significant. Since it is unlikely that all activities would occur in the same area at one time, increases in dust levels would be dispersed and a significant air quality impact would not occur. Implementation of the proposed project has the potential to result in the disturbance of undiscovered cultural resources. In conjunction with the projects listed above, the proposed project would have the potential to contribute to a cumulative impact to cultural resources. It is unlikely that asphalt removal and landscaping associated with the proposed project would uncover a major cultural find because the project site is a previously disturbed area. The mitigation measure identified in Section V.D would reduce the significance of impacts to cultural resources associated with disturbance of an undiscovered cultural resource. Other projects in the vicinity of the proposed project would be required to implement measures similar to Mitigation Measure CR-1. As such cumulative impacts associated with the proposed project would be less than significant. Implementation of the proposed project may result in the disposal of asbestos containing building materials, lead based paint, and PCB-containing lighting ballasts. In conjunction with the projects listed above, the proposed project would have the potential to contribute to a cumulative impact to hazards and hazardous materials. The mitigation measure identified in Section VILA would reduce the significance of impacts to cultural resources associated with disposal of hazardous materials to a less than significant level. Hazardous waste that may be found at other project sites would be disposed of according to local, state, and federal requirements. Implementation of the mitigation measure provided as part of the proposed project and implementation of other safety measures in the cumulative scenario would reduce cumulative impacts associated with the proposed project to below a level of significance. California Palms May 2007 Initial Study/Mitigated Negative Declaration - 3-32 J85 0296.0] 75D-89 - 1 - ~ ~ Environmental Checklist "I For CEQA Compliance • Implementation of the proposed project has the potential to generate runoff. In conjunction with the projects listed above, the proposed project has the potential to contribute to a cumulative impact to hydrology and water quality. The mitigation measure identified in Section VIII.A would reduce the significance of impacts to hydrology and water quality to a less than significant level. Other projects in the vicinity of the proposed project would be required to institute WOMPs and implement BMPs. Implementation of WOMPs and BMPs in a cumulative scenario would reduce cumulative impacts associated with the I proposed project to a less than significant level. Implementation of the proposed project has the potential to expose people to excessive noise and vibration. Implementation of mitigation measures identified in Section XI.A and XI.B would reduce impacts from noise exposure to a less than significant level. Projects in the vicinity of the proposed project would be required to institute similar measures if they were found to expose people to excessive noise. Implementation of mitigation measures would reduce cumulative impacts associated with the proposed project to a less than significant level. Implementation of the proposed project has the potential to create hazardous conditions at an intersection in the vicinity of the proposed project. Implementation of mitigation measures identified in Section XV.A would reduce traffic impacts to a less than significant level. Other projects in the vicinity of the proposed project would be required to comply with City of Santa Ana traffic requirements identified during design review. As such, cumulative impacts associated with the proposed project would be reduced to a less than significant level. Although the proposed project would contribute to environmental impacts along Harbor Boulevard, impacts associated with the proposed project would not be cumulatively considerable because all impacts associated with the proposed project would be reduced to a less than significant level with implementation of mitigation measures provided in this MND. A less than significant impact would occur. C. Less Than Significant Impact. Implementation of the proposed project is not expected to have environmental impacts that may cause substantial adverse effects on human beings, either directly or indirectly. There would be no significant impact. California Palms May 2007 Initial Study/Mitigated Negative Declaration 3-33 J85 0296.0] 75D-90 Chapter 4 ~ Mitigation Monitoring Plan and Report Introduction The California Public Resources Code, Section 21081.6, requires that a lead or responsible agency adopt a mitigation monitoring plan (MMP) when approving or carrying out a project when a Mitigated Negative Declaration (MND) identifies measures to reduce potential adverse environmental impacts [o less- than-significant levels. As lead agency for the proposed project, the City is responsible for adoption and implementation of the MMP. An IS/MND has been prepared for the project that addresses the potential environmental impacts, and, where appropriate, recommends measures to mitigate these impacts. As such, an MMP is required to ensure that adopted mitigation measures are successfully implemented. This document plan lists each mitigation measure, describes the methods for implementation and verification, and identifies the responsible party or parties. Project Overview The project proponent proposes to remodel the existing California Palms mote] and related site improvements to comply with Ordinance No. NS-2471. The proposed physical improvements related to the project include: ^ internal remodeling of motel units, ^ modifications to the building exterior and new exterior paint and signage, ^ realignment and/or closure of the one existing access driveways and re- striping and reconfiguration of the parking lot, and ^ landscaping improvements. Additional details regarding the project description are contained in Chapter 2, "Project Description." California Palms May 2007 Initial Study/Mitigated Negative Declaration 4-1 gas ozas.or 75D-91 City of Santa Ana Chapter 4. Mitigation Monitoring Plan Monitoring and Reporting Procedures The MMP for the proposed project will be in place through all phases of the project, including design, constmction, and operation. The City will be responsible for administering the MMP and ensuring that all parties comply with its provisions. The City may delegate monitoring activities to staff, consultants, or contractors. The City will also ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems. Mitigation Monitoring Plan Implementation Table 4-1 lists, by resource area, each mitigation measure included in the draft IS/MND. Certain inspections and reports may require preparation by qualified individuals and these are specified as needed. The timing and method of verification for each measure is also specified. Initial Study/Mitigated Negative Declaration 4_2 J&5 0296.07 75D-92 i 1 IJ L~~/ M~ ~ O m ~ ~ Z r ~, W V Z z W LL 0 w F„a Z U O z J O a ~ z W Z O H ~ H ~ ~ z w a N T N N ~~ ~ _ ~ U C N ~ '~ Y a o `m U ~, °>' o sue. ~ ° o ~ m ~ ~ :.+ ~ U ~ _~ 2 s. y ~ ~ Q C O U y ~ td O C H L O) ~ ~ ~ ,n a i., o ~ rn c ~ _ m C ~ m ~^ y0 ~ j q~q ^ ~ m ^ L ~ 6 C G ^ a+ . ~ ^ ~ ~ Z ^ O N o .r G ~' .. ~: V] Qq p >. vi N U - ,. y ~O1 Qi ~ ~ F 4. _G ~ O b t3 Z _ ~ ~ ~ ~ U W q r N C C -O (D (O i6 O ~ y„ _, W ~ ~ V W ~ ~ ~ .L .., ^ O .O w ~. ~ ~ ~ CO d C N N~ !y ~~: .. 00 ~N. O N U r ,c~ 0 , C y .~ p~ U y ~ ~ ~ + _ ° m ~ Q ¢' ~ ^ ~ o ~ ~ 2 : ~ b x 3 a ~ s' -' .~ ~ U o . 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C U O "'" N .di ~ ~ ~ ~ . O . . M ... ~ b ~ `~! H ~ : 7 ~ Q~ c ~" d ! r i~ c r P. b G' U ~ b N N C .~' .~' + ~ ~ N N c ~! Q ,Y A O ~ N C T O~ +-~ c .~ ttl ~ Oi W ttl ~ : c O TJ ttl TJ °1 N c itl Oq '~ c FJ . w ~ ~ ~ ro 'O ~ .O ~ ^ N C N Q ~^ rd . W ON r~ o ~y F U .d , O ~ , ~ y 'O ~. ~ L3. ro N N .0p 00 ~ .~ 'O ~ ~ ~ O ~ .. ~ "' 0 'O G ~,, ~ is ~ O . cd L O ' C7 , . ~ ~ ..+ m O U ~ C d id U p µ Fi c ~ ~ ~ ~ cd hU , ~' O m ~ .'7 ~ ~ •r~r~~ ~ N M N ~ ~ O ~^ t-i c O w .~ CL N ~ O 0 y ~n G '3 ~ v .ti c N O U ~..a ~ U N O\ ~ ° z c r o~ ~, _ ~ W ,~ ~ ~ a a 3 N ~. ~ U 10 O ~ ~ ,~ rn T.~ O ~ _ m s7 'i7 N N itl yU .d '~ c O " . ' U , m ttl . . o o .ro ~ aS 3 ~ c ~.~ ~ ~ .. O . Z ~ ai m w ~ ~ c v ~ b N ~ 'm v Z ~' o c N o C 'N .C ~ ~ 'V V] ~ x G y. L' m CL ~ ', O ~ ' ~ ~ U '~ O c y O O¢ V O A ai c p ^ b e> 'OD: :O N 'Z7 ~' U b . . + ~ h y N H > U D C 0p U N p~'b <tl 7 O C > Sa f, y ~ ~ `n ~ O ~ ~ ~ C O ~ N O itl ~ '.. ~ U w ~-' ~ 'O ti U N R. 7 O ,~, O n iC S" . -. .~ L f. O 2 ~ N U U ~, ~ v v 0 V N O m Z v d io rn E ~ T a~ m ~ ~~ o ~ m 'c :J - 75U-y4 1 ,~ a m f-r, C O O C ~, a ~V U I ~ c m _I ~ O T U d U 0 w .X O 7.. O :.: ~.; U . d .ti c CQ A.I. f h _ w • C y'_. d._~ r p L U - G ~ C' R~..o. ~. z ~' L_-.C w 0 ; C i i . d ~ ~" V b ~ y' w`~o ~' '~ '~' ~~ ; N m ^ ^ ~ a a ~ ~ 3 ~ o m ~ '" a a~ ~ appp ~ ai ~ ~ .~ b b b ~ ~, y ~p ~ °' -n U o; ~ o 3 ` a~ °J ' ~ ° o ' a i 7 > ~ B ~ ~ ~' b o ~~ b x ~ 'D ~ 3 ° ~ ° o u '~ o c c ap ~ ' ~.~ a ~ x p d ~ d b O ~ > ' p O N F~' d U N vii .y'/. p~ ~' i O ~ Q ~ ~ A O U . . ~ v~ ~p m ~ ~ 3 m ~ Y ~ '~ rn C-~ ^ O '., .b G ~ O 4'-I O ~' VJ N PY y O 4~ q O v ,d (C O y h O~ : a t. U ~ O rW-~ 0 ~ x ~ ~ ~ ro ~ .~ . a ~ d " ~ rob G .~ °o° a o ~ .~ ° .° 0 G v] W cai F 'c w `d ~ ° ai y ~ c" Ci~ r°r~~ ~ ~ ~ . ~ `~ R: ~ i cd ~ °' ° U ~ v E :-C v~~ v b Od~ O ti a ' W o m v O a itl !' W E 3z G y ¢J N v ~~ U b^ O W Od o O cB U V N i 4. n ~ (~ y b 0 4. :; o P v> ~ b . . . ~ . ~ ~ . c z 5U-"5 a m u m 0 N m a m m E m , a T m C N O ~ m U - W a m `o C O d L U a a U u C m 0 U W 1 O Y. D G i:. 9 1 r~ / w U w _„ d w ~ ~ A ro _., . .~ ~, ; ~ ~ ~, ^ d p . ~ .. ~ U `~ X a ~ , ~3 ~ x yp ' ~aQ o ° w ° '~ Y o . ~ Cd ~ .,.. a ~ 'b U 3~ ~1 y ^^ ~. F O ~ ~ ~ N ~ ~, CL C pi"p ° O 'v ~ ~ [~ ~R~' ~ , Q~v am p ~C ~" ~ N y CD ~ p ~ Q O ~ ~ ~ p U C ° ~ N ~ .. ~ ~ o t O 3 d U . ~ o '° ° w° o ~ ~ p a. ~ . ~ ~ ~, ., °' ~ ° o x ' 7 ~ N i) W G c O '~ `-' u N °~ .G' .+ v' ~ w o Ri G' -~ N ~ G' v m U ~ p G 'A ~ ~ U ~ ~ ~ GL "° A . O ~D s,+ a ^ N J~ ?? ', b ~ ~ .. . f: ~ ' . . ~ " ~ Dp ~ p ~" b0 C .o y b C ~ .. d O ^d v~ A ~ ~ w 'O ~ _ is ~ m ~ U e n = ~ ~ E ~ ~ ^ ~ ~ d 3 ° ~ ._ 3 o v ~ ~ ~'" 3 o ° ° a ~ m d m 3 o ~. ro a n..~ ° a w ° .~ ~~ .. ~ c a z ° 3 V 0 Z m a i ~u-moo C N a m o 0 0 c o v a I t U a` m T U d u G 0 w O O ^~ U p ..4i w .ti ~ Y A . _ H ~ ~ ~ cd ^ ^ :" d O ~ ~ a+ ~ ~ C o ^ C ~ ^ C . . O+ X'i .1 w '", ~ an N w V] an N C% On U V7 aA N V] a0 N ~/ ~ .,: 0 'b ~ o b N O b cd o b N o b W ~ ' U W ~1 U W Q UCOQ U0. 1q U0.~1Q '~ C O p o 0 0 0 4a .i+ L+.. ~ CC i.. O O i ~" o ' ~-. O ' ++ s A ~ ' w ; bx . ~b i. ~ ~ F, a ~ o W ~~ ~' ~ ~ ~ ~ ~ ~ `~ ° a°i ~ bx w ~ ~ bx u7 ~ ~ ~~ p ' '_" ~ ~ ~ O O ~ ~ " y"" ~ ~ C ,. c+ , . .OA y. O b_A U p L ~ _ U o p H ~ _y. `4 ~ v~ ~y qb cam ~ v~ ro CL Q•o ¢ ~ a ~ ~ Q °' ¢ ~.y ~ ^ t, a N a y~ v. ~ . v ,~ q•o ~ Q A a~ . . a ~ ti v ~" ~ ~ O ~c-o ~ a . i ~ °-0p. 3 ~ , y c `~ ~ 3 °~ o o ~ ,Y v fib. R. c tl d ob b 3 ~ ~~ ~ ~ n N w ~ ~~ ~~ ~ R ~' w ~ b 0. ~ ~ b p, ~ ~ ce .c C o 3 . a J C '~ ~ ~ ~ a i U ~ ~, y ~ ~ w a ~ O a ~, ~ . ~ 3 d : N ~ > N N o ~ iU a-0 `~ ~ N d N N N ~ ~' Q H 0 CJ Sir" H C .,~ ~ ' ~ ; '~ ~~ H o ~ ~ '°~ o ~ c ~p p `~b ~' 3 ~ -. "° b °' ~..v v .. 3 ^ ~ `" ca ° a i ~ ~ :: ~ ou a . .. 5. 5 >,.~ a 3 ~ p N . .d ~ .4 ctl O O N ~ ^ O y C. > > t, C p, ~ y N . ~ R. y ~ ~, ~. ~ w^ awn o "' ~ c 5 o ~= ~ ° ~ ~ ' ti '..H ~ .ti L o , Y y .ti r-+ N ~ M w ~ ro ~ ~ y ti ~ `° ' ' d ~ ° a ~ ~ oq ,o ~ F, ~ o 3 3 y ~ ~ N x ~ `~ ~ on ~ y o '. o .C ,p 3 'c1 b p 4i'; N bn ~ x x .~ ~ ..G. ~ a ~ x b P m p 'C ~ ~ ¢ ~ ~ .. a w ~, ~ ay o ~ any ~ ti eo ~' o .c~. ~ ~ o d~ v F~ v~ N -w N w w d :~ ~ v '~ ° ro Y d ~~ ° d o w ~ ro o c a i C.: ~i 1 y y -. N M V VI z i ~u-~ i a C m U 0 z a a ro a ~, `o c m v d U Q T U d U G .iii O m W 1 O ~ O ~ w U .. , W tr"~i r .. 6 ~~+ _. r ~ Q m ..~ ~.+ . ~ I1 ~ DA G o C :. , ~ ~ .~ C ~ ~ ~ ~ Q 'v, c v ro at Eg ~ x ;9 x' C N C q ~, U a n1 ~ CN a ~C ~ rNr . ` o .. ctl O ~ c7 NC ^ ~d . N~ !~O CNC ~ Q O ~,. w ~ ~ w ~ G w ~ y ~ : w Y. W G a ~ O b ~ O b ~ O F y b m ; O ~~ ~ O ~~ ~ ~' ' ~ aai ~ '~ N ~ ~ 7 a~ : ~ A ~ '~' P ~ CJ , 0.lQ U 0.1C-1 U mQ . :, UPS- Q U a~.C~ w ~ ~ ~ ~ a ~ L ~iy. a i U i U '. Cb ~ y .~'. O O O ~ ~ ro ~ C ~ U V U ': ~ ~ ~ ~ ~ d bA OD M ~ ^ a C ~ q . ~ R. .O R. Q ~ Q ~ Q ~ ~ Pte- ~ Pte- c'S'C . . . ~ ~ '~ . m ~ ~ .. U U [tl b ` 4" F. ~d O ~"' A L `~ y O c ~ ~ 3 ~ ~ ~ ~ ~ ~ ~ . ~ ~ m ~ " - o U ~ ~ A '. O y V~ '" OA U . ~ ~ ~ o U ~ °„ 3 ~ ~ p 3 v .b N ~ a i ^ ^~ ~ ~~" ~ ~ °J ~ n a ~ o ~ '~ ~ ~ b ' o a~ ~ b ~ ..~ a ~, s ~ .ty m 3 o 0 ~ ~ vOi ~ ~ ~ ~ ti ~ ~; j .O ~ ? C O ~ OA U °' 3 w ~ .~ ~~ o " °' ~ b ~ ~ y N A O N '~ ^ b : cC: .a? G ~ o W .d ~ a' ~ m a> ~ O N O ~! .Y .y w ~~ .= ~ ~ O H , O O Q O ~ W~~ O .N ,L' ~ it Q ~] ~ Q.t~ iy ~ \: . e ~ ~ ~ ~ Q.1 ~c!~ ~ fy . .. O O 00., ~ >. T ~ ~ w .C ~ N ~ p .C A O N R. O [ eJ ~. . i R. N ~ Y F-~ ai .Ti rJ 0.i H O w ryi F O' ~. VD l~ 00 m .~ N z z z z ~ F H F 75U-ytf m v c 0 m N U 0 N m m Z d m T U N N C Chapter 5 References Printed References Airport Land Use Commission. 2002. Airport Environs Land Use Plan for John Wayne Airport. John Wayne Airport Impact Zones: Appendix D. California Department of Conservation, California Geologic Survey. 2006. Alquist-Priolo Earthquake Fault Zones. Last Revision: January 29, 2007. http://www.consrv.ca.gov/CGS/rghm/ap/index.htm. Accessed: March 20, 2007. California Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program. 2006. Important Farmland in California, 2004. California Department of Conservation, Division of Land Resource Protection, Williamson Act Program. 2006. Agricultural Preserves 2004. Last revision: December 21, 2006. http://www.consrv.ca.gov/DLRP/Ica/index.htm. Accessed March 20, 2007. City of Santa Ana. Date Unknown. North Harbor Specific Plan. City of Santa Ana. 1982. City of Santa Ana General Plan. Scenic Corridors Element: 27. City of Santa Ana. 1998. General Plan. Land Use Element. Adopted February 2, 1998. City of Santa Ana. 2001. Ordinance No. NS-2471. City of Santa Ana. 2003. Bikeways Master Plan. City of Santa Ana. 2003. Design and Development Standards for Transient/Residential Hotels. City of Santa Ana. 2005. Zoning District Map. May 2007 Initial StudylMitigated Negative Declaration ~~~_~~ J&5 0296.0] City of Orange Chapter 5. References City of Santa Ana Police Department. Date Unknown. SAPD Locations and Business Hours. Available: < http://www.ci.santa- ana.ca.us/pd/generalinfo.asp >. Accessed: March 22, 2007. CIWMB. 1995. Jurisdiction Profile Overview-Waste Stream Profile. Jurisdiction Profile for the City of Santa Ana. Last Revision: 2007. Available: <http://www.ciwmb.ca.gov>. Accessed March 23, 2007 OCTA. 2005. Orange County Congestion Management Plan. Orange County Fire Authority. Date Unknown. Orange County, CA Fire Stations. Available:<http://ocfa.know-where.com/ocfa/>. Accessed: March 22, 2007. RK Engineering Group, Inc. 2006. California Palms Transient/Residential Hotel -City of Santa Ana Trip Generation Study. SCAQMD. 1985. Rule 1108 Cutback Asphalt. Adopted May 4, 1979. Amended February 1, 1985. SCAQMD. 1993. CEQA Air Quality Handbook. SCAQMD (South Coast Air Quality Management District). 2003 Air Quality Management Plan. August 1, 2003. SCAQMD. 2005. Rule 403 Fugitive Dust. Adopted May 7, 1976. Amended June 3, 2005. SCAQMD. 2006. Rule 1113 Architectural Coatings. Adopted September 2, 1977. Amended June 9, 2006. Synectecology. 2005. California Palms Focused Noise Study. U.S. Army Corps of Engineers, Los Angeles District. 2004. U.S. Census Bureau. 2000. Census 2000 Summary File 1, Matrices H3, H4, H5, H6, H7, and H16. Personal Communication Ellman, Karl. City of Santa Ana Fire Department, City of Santa Ana, CA. May 1, 2007-telephone message. Ni, Ann. Associate Planner. City of Santa Ana Planning and Building Agency. April 26, 2007-phone conversation. Initial Study/Mitigated Negative Declaration 7505 ~ oo J85 0296-9] Chapter 6 'l List of Preparers .+ i City of Santa Ana I Associate Planner Ann Ni Jones & Stokes Project Director Chad Beckstrom, AICP Project Manager Jennifer Hobbs Graphics Aaron Carter i Editing and Production Elizabeth Irvin 77 I t I ( California Palms May 2007 Initial Study/Mitigated Negative Declaration 6-1 i J&5 0296.0] 75D-101 r i Appendix A Trip Generation Study 75D-102 CALIFORNIA PALMS TRANSIENT/RESIDENTIAL HOTEL TRIP GENERATION STUDY City of Santa Ana, California D ~ ~ 'a ~ ~ m n DRIVEWAY WS m cz ~=0 OD 2= _ N_ N Ol ~ V V1 DRIVEWAY W M u w ~ N y N N .. J °' m n v> il o co oo~wd ooao 00 c~.q yea ~: N w s. fir[ m N ~p V O Cv ~{p N7 w +- w a. w a s +. WW r n e ~ m ` v v m c v y m . i v. p a WW n ~a~ W N N ~~,^ m W a ~ b0 Zm G; ~ W iv s. P A T: ,. ,H N N N N N W W± j W GI Y 4 W 10 tP 0 4 N N . F ia~ ~ _ ~ r r f ~ ~ N O w 0 . 0 a m F a .~ a 9 p a z m a A 1. 4 D w w W W w w w v v w c°u m en w 4 ~ A w w DRIVEWAY 0 PARKING AREA ~: ^' A w Ry m m-~ DRIVEWAY Wz mb m$ crs cm ~ $ ~:m -. ' m a` C fn a -,i ii ~' i-O WA a t ~ C w ~ O ni w ~'"' Zx WW ~ mo ~ 75D-103 'O a z D S m a a z Z a 9 m s engineering group, inc. engineering group, inc. January 31, 2005 Mr. Richard Fitch HUNSAKER & ASSOCIATES Three Hughes Irvine, CA 92618-2021 transportation planning -traffic engineering acoustical /air quality studies Subject: California Palms Transient/ftesidential Hotel -City of Santa Ana Trip Generation Study Dear Mr. Fitch: Introduction RK ENGINEERING GROUP, INC. (RK) is pleased to submit this trip generation study for the California Palms Transient/Residential Hotel. This document has been prepared pursuant to the City of Santa Ana DP200452 (Master I.D. 2004-55844), ER2004-158 for the California Palms TransienVResidential Hotel. The existing project is located at 901 South Harbor Boulevard in the City of Santa Ana. The location of the site is shown in Exhibit A, and the existing/proposed Site Plan is shown in Exhibit B. The proposed project is an existing motel that includes 207 units as shown in the Site Plan (Exhibit B). The project is located south of McFadden Avenue and east of Harbor Boulevard in the City of Santa Ana, The proposed project would convert the existing 207 unit motel facility into a transient/residential hotel for long-term .rental living accommodation, similar to an apartment. The purpose of this study is to compare the trip generation for the existing motel to a long-term rental transient/residential hotel. It should be noted that in the final design of the facility, the number of units may be reduced to somewhat less than 207. However, for purposes of this trip generation analysis, 207 apartment units have been considered in the evaluation. Pindinas The following findings have been determined for the project: 1. The existing motel facility includes 207 units that include 111 studios, 59 suites, and 37 motel units. 75D-104 20201 s.w. birch street, suite 250 newport beach, California 92660 tel 949.474.0809 fax 949.474.0902 http://www. rkengi neer. com 2. The proposed facility would be a transient long-term rental facility. comparable to an apartment from a traffic standpoint. It is anticipated that the proposed use would have 207 or less units when the final site plan is developed. 3. The existing motel facility generates approximately 1,065 trip-ends per day, with 93 vehicles per hour during the AM peak hour and 98 vehicles per hour during the PM peak hour. 4. The proposed long-term rental transient/residential hotel facility would generate 1,391 trip-ends per day, with 106 vehicles per hour during the AM peak hour and 129 vehicles per hour during the PM peak hour. 5. Therefore, the proposed long-term rental transient/residential hotel facility would generate 226 more trip-ends per day, with 13 more vehicles per hour during the AM peak hour and 31 more vehicles per hour during the PM peak hour than the current motel use. Trip Generation Trip generation represents the amount of traffic that is produced and attracted by a development. Trip generation rates for this study have been based upon those published by the ITE (Institute of Transportation Engineer) in their document Trip Generation, 7th Edition, 2003. The existing use is a motel facility with 207 units. The land uses for both existing and proposed facilities are shown in Table 1. For purposes of this study, it is assumed the same number of units would exist in the future with the transient residential hotel facility. However, this number could be reduced, pending the final Site Plan design. Trip generation rates utilized in this study are shown in Table 2 for both the existing motel and proposed transient/residential hotel (apartment) facilities. Trip generation calculation worksheets are included in Appendix A. These rates have been based upon the ITE Land Use Categories 320 and 220, respectively. The project trip generation is shown in Table 3. The existing motel facility generates approximately 1,065 trip-ends per day, with 93 vehicles per hour during the AM peak hour and 98 vehicles per hour during the PM peak hour. The proposed long-term rental transient/residential hotel (apartment) facility would generate 1,391 trip-ends per day, with 106 vehicles per hour during the AM peak hour and 129 vehicles per hour during the PM peak hour. A comparison of the trip-generation for the existing motel and proposed long-term rental transient/residential hotel facility is shown in Table 4. The proposed project that would operate as a long-term rental facility would generate 226 more trip-ends per day, with 13 more vehicles per hour during the AM peak hour and 31 more vehicles per hour during the PM peak hour. 75D-105 l Conclusions 1 RK has completed a trip generation analysis for the California Palms Transient/Residential Hotel facility. Based upon this analysis, the additional trip generation for the proposed facility as a long-term rental facility has been determined. The proposed project would generate slightly more trips than the existing motel facility if the same number of units were implemented. If a lower number of units are developed, the proposed long-term l rental transientlresidential hotel trip generation would be somewhat less than what has been calculated in this study. RK appreciates this opportunity to work with Hunsaker & Associates on this project. If you have any questions regarding this study, or need further review; please call me at (949) 474-0809. ~ Sincerely, RK ENGINEERING GRC (~, lv.,.; ~ 1c Robert Kahn, P.E. Principal Attachments RK:~d/RK2937.doc ~~_~ O~ JN:0022-OS-07 Exhibits 1 Exhibit A Location Map I N oozZ-aSAI «,~ engineering I ,CALIFORNIA PALMS TRANSIENT/RESIDENTIALHOTELTRIPGENERATIONSTUDY,,CkyofSanpAna,Califomia ® group, inc. 75D-108 Exhibit B Site Plan WS N O ~ w N L7 j D o ~ _ 'm c ~ -~ ti to a $, w ~ n' a w C N r~ ~~ N n y t {~ W S ~a ~ N+ y y m d V VI mm bJ o ~ ~,. ~ W W w DRIVEWAY DRIVEWAY ; m , ~ W , i D O ~' N w V V '~ r N m ~ m m A m a ~' ~ ~ o iio 0 o o 0 o o 00 0~ ono a '~ D O w N .. J N N W A d m G1 (p V p GO -+tp ~ { N fA d r ~ '° .G W .+ W F Y] y m d V C d O :'~ O O { fa V O1 I /1 ~ A. L d d dd WW a $ N ~ o n ' m ~' "' W w w ~, ~ g c ~ m DO m m a ~ O > ~ r ~m v ~ ~ W d W 'a' ~ W m ~ ~ d a ~. w V m W f0 N O O ~+ A N N d d W d~ A A ' N ~ _~ _u'.. D O r2 T a uWi W J ~ N O tD T ~ N ~ tat i DRIVEWAY o '-' `~ PARKING AREA ~ _ J ~ c~„ ~ m DRIVEWAY ~Z a.-I ~ mo m= ~ ~m ~.~ o~ ~ F Wmc'. cm ~ ~? ? w a ty d, w s w .c wd ~ ,,.., _ m ~~ ~ o ~o 1 c ~' 3 ~ z x m° WW ~ ~ ~~m ~m ~m ~~~p im ~m m~e~ SM m NS~JJ N 0022-OS-01 (EzB) CALIFORNIA PALMS TRANSIENT/RESIDENTIAL HOTEL TRIP GENERATION STUDY, Crcy of Santa An a, California 75D-109 a 9 ~_ 2 V7 a a m a a Z 'a 9 m a V a m x z c~ a z m a engineering group, inc. Tables 75D-110 Table 1 Land Uses Land Use Units' Motel - Existin 207 RM Transient/Residential Hotel - Proposed Z 207 DU ~ RM =Rooms DU =Dwelling Units 2 Transient Motel (long-term rental) has been assummed to be similar to an apartment rental use. j: Uktables~k2900VtK29377B.x15 7 5 D -111 w:nou-os-ot TABLE 2 Trip Generation Ratest Peak Hour AM PM Land Use UnitsZ In Out In Out Daily Motel RM 0.17 0.28 0.25 0.22 5.63 Transient/Residential Hotel - Proposed DU 0.10 D.41 0.40 0.22 6.72 ~ Source: Institute of Transportation Engineers (ITE), Trip Generation, 7th Edition , 2003, Land Use Categories 320 and 220. z RM =Room DU =Dwelling Units j:YktablesUk29D0ViK2937TB.xls 7 5 D -112 1N: DD22-OS-07 TABLE 3 Project Trip Generation Peak Hour AM PM Land Use Quantity Units' In Out In Out Daily Motel -Existing 207 RM 35 58 52 46 1,165 Transient/Residential Hotel - Proposed 207 DU 21 85 83 46 1,391 75D-113 ~ RM =Room DU =Dwelling Units I:Uktables4k2900ViK29377B.xls IN:0022-OS-01 TABLE 4 Trip Generation Comparison Peak Hour AM PM Land Use In Out In Out Daily Motel - Existin 35 58 52 46 1,165 Transient/Residential Hotel - Proposed 21 85 83 46 1,391 Difference -14 + 27 + 31 0 + 336 j:UktablesUk2900V2K29377H.xls 7 5 D -114 1N:0022-DS-01 Appendices Appendix A Trip Generation Calculation Worksheets 75D-116 i California Palms Summary of Trip Generation Calcula tipn For 207 Roams of Motel ~~~i S '4'~/" y j January 28, 2005 ~ Average Standard Adjustment Driveway '~ Rate Deviation Factor Volume I Avg. Weekday 2-Way Volume 5.63 3.31 1.00 1165 7-9 AM Peak Hour Enter 0.17 0.00 1.00 35 7-9 AM Peak Hour Exit - 0.28 0.00 1.00 56 7-9 AM Peak Hour Total 0.45 0.70 l.OD 93 ~ 9-6 PM Peak Hour Enter 0.25 0.00 1.00 52 4-6 PM Peak Hour Exit '0.22 0.00 1.00 46 9-6 PM Peak Hour Total 0.47 0.72 1.00 97 Saturday 2-Way Volume 0.00 0.00 1.00 0 ~ Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 '' Note: A zero indicates no data available. Source: Institute of Transportation Engineers TripGeneration, 7th Edition, 2003. 1 ~ TRIP GENERATION BY MICROTRANS California Palms Summary-of Trip Generatio n Calculation For 207 Dwelling Units of Apartments -- ~ ~ (O s~ ~Z January 28, 2005 _ Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 6.72 3.02 1.00 1391 7-9 AM Peak Hour Enter 0.10 0.00 1.00 21 7-9 AM Peak Hour Exit 0.91 0.00 1.00 85 7-9 AM Peak Hour Total 0.51 0.73 1.00 106- 4-6 PM Peak Hour Enter 0.40 0.00 1.00 63 4-6 PM Peak Hour Exit 0.22 0.00 1.00 46 4-6 PM Peak Hour Total D.62 0.82 1.00 128 Saturday 2-Way Volume 6.39 2.99 1.00 1323 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.52 0.74 1.00 108 Note: A zero indicates n o data available. Source: Institute of Transportation Engineers Trip Generation, 7 th Edition, 2003: TRIP GENERATION BY MICROTRANS 75D-118 Appendix B Focused Noise Study 75D-119 California Palms Focused Noise Study Prepared for: Hunsaker & Associates Irvine, Inc. Three Hughes Irvine, CA 92618 2021 Prepared by: Synectecology 10232 Overbill Drive Santa Ana, CA 92705 March 2, 2005 75D-120 1.0 BACKGROUND 1 This noise analysis, conducted as a componem of the environmental review process under the California Environmental Quality Act (CEQA), codified in Section 21000 et seq. in the Public Resources Code, examines the potential noise impacts resulting from the issuance of a caning change and conditional use permit for the ' conversion of the existing California Palms Motel to the subs Transieut/Residemial Hertel (extended stay) facitity. The site is located at 01 South Harbor Boulevard in the City of Santa Ana, California. The City has determined that its support for the proposed project will be based on whether the project meets the provisions of City Otdiaance No. NS-2471 and the design and development standards for transienUresidential hotels as adopted by the City Council on May 21, 2001. For clarity and ease of the reader and subsequent integration into the City's records, this document follows the CEQA format used in the preparation of Mitigated Negative Declarations. 1 The analysis finds that site operations would not significantly raise ambient noise levels nor would they expose site occupants to exterior noise levels in excess of the City or State standards, However, due to the proximity of Harbor Boulevard, the pmject is located in an area of elevated noise and Interior noise levels have been measured to be in excess of the State's interior noise standards for multi-family residential development. The analysis then includes mitigation in the form of noise insulation measures to reduce these interior noise levels to less than the State standard thereby reducing the impact to less than significant. 2.0 EXISTING ENVIRONMENT 2.1 Noise Definitions Sound is a pressure wave transmitted through the air. It is described in terms of loudness or amplitude (measured in decibels), frequency or pitch (measured in Hertz [Flz] or cycles per second), and duration (measured in seconds or minutes). The standard unit of measurement of the loudness of sound is the decibel (dB). Typical human (rearing can detect changes in sound levels of approximately 3 d$ under normal conditions. Changes of 1 to 3 dB are detectable under quiet, controlled conditions and changes of less than 1 dB aze usually indiscernible. A change of 5 dB is typically noticeable to most people in an exterior enviromment whereas a change of 10 dB is perceived as a doubling (or halving) of the noise. The human ear is not equally sensitive to all frequencies. Sound waves below 16 Hz are not heard 'tit all and are "felt" more as a vibration. Similarly, while people with extremely sensitive hearing can hear sounds as high as 20,000 Hz, most people cannot heaz above 15,000 Hz. In all cases, hearing acuity falls off rapidly above about 10,000 Hz and below about 200 Hz. Since the human ear is not equally sensitive to sound at all frequencies, a special frequency dependent rating scale is usually used to relate noise to human sensitivity. The A-weighted decibel scale (dBA) performs this compensation by discriminating against frequencies in a manner approximating the sensitivity of the human ear. Noise is defined as unwanted sound, and is larown to have several adverse effects on people, including hearing loss, speech and sleep i~erference, physiological responses, and annoyance. Based on these (mown adverse effects of noise, the federal governmem, the State of California, and many local governments have established criteria to protect public health and safety and to preverrt dismption of certain human activities. Noise may be generated from a poim source, such as a piece of construction equipment, err from a line source, such as a road containing moving vehicles. Because noise spreads in an ever-widening Pattern, the given amoum of noise striking an object, such as an eazdnun, is reduced with distance from the source. This is known as "spreading loss." The typical spreading loss for point source noise is 6 dBA per doubling of the distance from the noise source. A line source of noise, such as vehicles proceeding down a roadway, will also be reduced with distance, but the rate of reduction is a function of both distance and the type of terrain over which the noise passes. Hard sites, such as developed areas whir paving, reduce noise at a rate of 3 dBA per doubling of the distance while soft sites, such as 75D-121 undeveloped areas, open space, and vegetated areas reduce noise at a rate of 4.S dBA per doubling of the distance. These represe~ the extremes and most areas will actually contain a combination of hard and soft elemems with the noise reduction placed somewhere in between these two factors. Unfortunately, the only way to actually determine the absolute amount of attenuation that an area provides is through field measurement under operating conditions with subsequent noise level measuremerrts conducted at varying distances from a constant noise source. (Note that The Cou~y of Orange General Plan Noise Element uses the 4.S dBA reduction for all traffic noise impacts J Objects that block. the line-of-sight attenuate the noise source if the receptor is low within the "shadow" of the blockage (such as behind a sound wall). If a receptor is located behind the wall, but has a view of the source, the wall will do liWe to reduce the noise. Additionally, a receptor located on the same side of the wall as the noise source may experience an increase in the perceived noise level, as the wall may reflect noise back to the receptor compounding the noise. Several rating scales (or noise "metrics' exist to analyze adverse effects of noise, includingtraffic-generated noise, on a community. These scales include the equivalent noise level (Leq), the community noise equivalem level (CNEL), and the day/night noise level (Lda). Leq is a measureme~ of the sound energy level averaged over a specified time period (usually 1-hour). Leq represems the amount of variable sound energy received by a receptor over a time interval itl a single numerical value. For example, a 1 hour Leq noise level measuremem represents the average amount of acoustic energy that occurred in that hour. Unlike the Leq metric, the CNEL noise metric is based on 24 hours of measurement. CNEL also differs from Leq in that it applies atime-weighted factor desigaed to emphasize noise events that occur during the evening and nighttime hours (when quiet time and sleep disturbance is of particular concern). Noise occurring during the daytime period (7:00 a.m. to 7:00 p.m.) receives no penalty. Noise produced during the evening time period (7:00 p.m. to 10:00 p.m.) is penalized by 5 dBA, while nighttime noise (10:00 p.m. to 7:00 a.mJ is penalized by 10 dBA. The Ldn noise metric is similar to the CNEL metric except that the period from 7:00 p.m. to 10:00 p.m. receives no penalty. Both the CNEL and Ldn metrics yield approximately the same 24-hour value (within O.S dBA) with the CNEL being the more restrictive (i.e., higher) of the two. 2.2 Vibration Fundamentals Vibration is a trembling, quivering, or oscillating motion of the earth. Like noise, vibration is transmitted in waves, but in this case through the earth or solid objects. Unlike noise, vibration is typically of a frequency that is felt rather than heard. Vibration can be either natural as in the form of earthquakes, volcanic eruptions, sea waves, landslides, etc., or man-made as from explosions, the action of heary machinery, or heary vehicles such as tnteks or trains. Both natural and man-matte vibration may 6e continuous such as from operating machinery, or transient as from an explosion. As with noise, vibration can be described by both its amplitude and frequency. Amplitude may be characterized in three ways including displacement, velocity, and acceleration. Particle displacemem is a measure of fire distance that a vibrated particle travels from its original position and for the purposes of soil displacemem is typically measured in inches or millimeters, Particle velocity is the rate of speed at which soil particles move in inches per second or millimeters per second. Particle acceleration is the rate of change in velocity with respect to time and is measured in inches per second per second or millimeters per second per second. Typicatiy, particle velocity (measured in inches or millimeters per second) and/or acceleration (measured in gravities) are used to describe vibration. Table 1 presents the human reaction and effect on buildings to various levels of aontirtuous vibration. Vibrations also vary in frequency and this affects perception. Typical construction vibrations fall in the 10 to 30 Hz range and usually occur around 15 Hz. Traffic vibrations exhibit a similar range of frequencies. However, due to their suspension systems, city buses often generate frequencies azound 3 Hz at high vehicle speeds. It is more unccmmon, but possible, to measure traffic frequencies above 30 Hz. 2 75D-122 The way in which vibration is transmitted through the earth is called propagation. Propagation of earthbome vibrations is complicated and difficult to predict because of the endless variations in the soil through which waves travel. There are three main types of vitiation propagation; surface, compression, and shear waves. Surface waves, or Rayleigh waves, travel along the ground's surface. These waves carry. most of their energy along an expanding circular wave from, similar to ripples produced by throwing a rock into a pool of water. P-waves, or compression waves, are body waves that carry their energy along an expanding spherical wave front. The particle motion in these waves is longitudinal (i.e., in a "push-puU" fashion). P-waves are analogous to airborne sarnd waves. S-waves, or sheaz waves, are also body waves that carry energy along an expanding spherical wave front. However, unlike P-wanes, the particle motion is transverse or "side-to-side and perpendicular to the dir~tion of Propagator." TABLE I HUMANREACTIONTO TYPT('.dT V7RAe'r'rn~v r rr~~ r irbration Leve[ Peak Particle Velocity rnches/secon Human Reaction E,JJ`ed on Buildings 0.006 - 0.019 Threshold ofpercepton, possibility of Vibrations unlikely to cause damage of intrusion any type 0.08 Vibrations readily perceptible Recommended upper level of vibration to which ruins and ancient monuments should be subjected 0.10 Level at which continuous vibration Virtually no risk of "azchitecturai" begins to armoy people. damage to normal buildings 0.20 Vibrations amroying to people in Threshold at which there is a risk to "architectural" damage to normal buildings. dwelling -houses with plastered walls and ceilings Vibrations considered unpleasant by Vibrations at a greater level than 0.4 - 0.6 People subjected to cominuous normally expected from traffic but vibrations and unacceptable to some , would cause "azclritectural" damage and people walldng by bridges possibly minor structural damage c,. ..•-,~-- vvww. aiGlLLGals LVVL. As vibration waves propagate from a source, the energy is sprrad over anever-increasing area such that the energy level striking a given point is reduced with the distance from the energy source. This geometric spreading loss is inversely proportional to the square of the distance. Wave energy is also reduced with distance as a result of material damping in the form of internal friction, soil layering, and void spaces. The amoum of attenuation provides by material damping varies with soil Lype and condition as well as the frequency of the wave. 2.3 Regulatory Environment 2.3.1 City of Santa Ana Standards The project is located within the City of Santa. Ana. and is therefore subject to the General Plan and noise ordinance incorporated therein. The primary, purpose of the City of Santa Ana Noise Element is to "Prevent significant increases in noise levels in the community and m;nim;ze the adverse effects ofcurrently-existing noise sources." In accordance with the Element, the City has adopted noise standards and guidelines for ]and use planning, These 75D-123 guidelines for exterior noise levels as presented in Table 2. The guidelines establish desirable maximum and maximum acceptable outdoor Ifving area noise standard for different land uses. TABLE 2 CITYOFSANTAANA LAND USE GUIDEI_7NF_S FnR FxrFUrnn ~vnzec Land Use Noise Level dB.4 CNEL or Ldn V Low Density Residential DesirableMaz~nmm 55 Maximum Ac able 65 Medium Density Residential 60 65 High Density Residential 65 70 Schools 60 70 Commercial, Office 65 75 Industrial 70 75 The Ciry regulates noise though Chapter 18, Article VI of the Municipal Code. The Code presents permissible noise intrusion levels and sets an exterior residential standard of SS dBA between the hours of 7:00 a.m, and 10:00 p.m. and 50 dBA between the hours of 10:00 p.m. and 7:OD a.m. The standards are only applicable to stationary- source noise under City control and intended to protect sensitive land uses from the effecks of nuisance noise emanating on adjoining land uses. The standards aze not used in the siting of sensitive uses that aze subject to CEQA and the standards included in Table Z. The stationary noise standards are not to be exceeded for a cumulative period of 30 minutes in any hour However, greater noise levels are permissible for shorter durations. The standazds are not to be exceeded by 5 dBA for a cumulative period of 15 minutes in airy hour, by 10 d$A for a cumulative period of 5 minutes in any hour, by 15 dBA for a cumulative period of 1 minute in any hour, or by 20 dBA for any period of time. In the event that the ambient noise already exceeds these standards, the allowable noise shall be increased to reflect the ambient noise accordingly. Again, these standards only apply to noise sources under City control and do not apply to noise that is preempted by odrer State or federal standazds. (Such preempted noise includes traffic noise for vehicles operated in accordance with the California Vehicle Code, Section 27200). The City also sets interior uoise standards for residential land uses. Section 18-313, "Interior Noise Standards" sets allowable interior noise levels of 55 dBA between the hours of 7:00 a.m. and 10:00 p.m. and 45 dBA between the hours of 10:00 p.m, and ?:00 a.m. Again, these standards are intended to protect receptors from stationary-source noise subject to City control. These stnadazds are not to be exceeded for a cumulative period of more than 5 minutes in any hour, or the standard plus 5 dBA for a cumulative period of 1 minute in any hour. The Municipal Code recognizes that some forms of noise are required for urban development and maintenance and aze difficuh to wntrol. Section 18-314, "Special provisions," provides for these exemptions. Those applicable to the project include: Section 18-314(e) which exempts noise sources associated with constnrction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday, and Section 18-314 (j) that exempts any activity to the extern regulation thereof has been preempted by state or federal law. Note that in accordance with this latter section, noise generated by vehicles passing through the project area is preempted from the local standards. Additionally, the City has no published standards for vibration intrusion. 4 75D-124 2.3.2 California Noise Standards Most jurisdictions in California utilize the A-weighted 24-hour CNEL noise exposure criterion not only as a planning tool but require actual verification of dre ability to meet these standards as part of building plan approval process. These criteria are based on compatibility standards established by Departmem of Health Services' (DHS) Office of Noise Corrtrol and the U.S. Department of Housing and Urban Development (HLTD). The Office of Noise Control has established land use compatibility criteria that serve as guidelines for assessing the compatibility of differem types of land uses based on the existing community noise level. These guidelines include specific exterior noise exposure standards for commercial, industrial, office, professional, and public recreation ~ land uses. The model guidelines are shown in Figure 1. The denotation of a land use as "normally acceptable" implies that conventional constnrction that does not incorporate any special acoustical treatment may be used. In general, evaluation of land uses that fall taro the i "conditionally acceptable" or "normally unacceptable" ttoise environments should include consideration ofthe type of noise sowces, the sensitivity of the noise receptor, the noise reduction likely to be provided by structures, and the degree to which the noise source may interfere with speech, sleep, or other activities characteristic of land use. The California Noise Insulation Standard, codified in Title 24, Part 2, Appendix Chapter 35, Section 3501 of the CCR, sets specific limits on the interior noise exposure level within muhi-faznily residential developments and noise insulation requirements though the common partitions separating differerrt dwelling units within a muhi- family residemial developmem. Avery similar set of noise standards is also contained in the Appendix Chapter 12 of the UBC, as adopted by the State and the City. The application of We California Noise Insulation Standard is defined within it's scope as follows: "The purpose is to establish uniform minimum noise insulation performance standards to protect persons within new hotels, motels, dormitories, long term care facilities, aparune~ houses, and dwellings other than detached single-family dwellings fmm the effects of excessive noise." In accordance with the California Noise Insulation Standard (Title 24), interior noise levels attributable to exterior f noise sources shall not exceed 45 d$A in any habitable room. The noise metric shall be either the Day-Night average Sound Level (Ldn) or the Community Noise Equivalent Level (CNEL), consistent with the noise element of the local general plan, The Title 24 noise standard. is defined as the combined effect of all noise sources and is ! implemented when existing or future exterior noise levels exceed 60 dBA CNEL. 2.4 Eristing Setting 2.4.1 Field Measurements The project site lies along the east side of Harbor Boulevard south McFadden Avenue. While the parcel is cnrrenfly occupied by the California. Patens Motel and includes 207 units. The project is located in a commercial area. A residential area is located to the immediate east of the facility and the facility buffers Harbor Boulevard traffic noise from these residems. To ascertain existing noise levels within the project area, field monitoring was conducted by Synedecology from Wednesday, February, 16 to Thursday, February 17, 2005. The field survey noted that the project area is typical of an urban area and most noise was due to road traffic along Harbor Boulevard. Aircraft noise is also common to the area. 5 75D-125 FIauRE ~ CALIFORNIA DEPARTMENT OF HEALTH NO/SE/LAND USE COMPATIBILITY STANDA-iDS Commn nNyNOke Erposwe LNM IIde Cekpery Ld n orCNFt , dB 55 60 85 70 75 80 Beslaen0al -Low Dausiry - IN7ENPBETAg10N: SinBle famiry. Duabs, - Mobile Nomes a Nbmmlry AaePlebk Neoiasmlal • Specifletl kntl use Is satisfactory, based upon the assumption that arty Mull. Famiry buildings ImmNed are of normal conventional coretmctlon, wtthout any special noise insuktbn TroroleM Looglnp- requirements. Mobk, Hotels Sdmok, Librortv, ~ ~~ ~ - v - . ~ ComlNioaally Acceptable CMrobes, Hoapidk, New conslmctfon v development Nursln/ Homes should 6e undertaken ony a0er a Oetalktl anaysis of me noise retlucll on AWilodemc, Caneert requiromens k made antl needed noise insulation lectures included M Nalk, AmPhIlMakrs the design. Comrentianal construction, but wtth cbsed windows and Iresh air suDON systems Dr air condttionirip Sports Armor OuMOw will normally suttice , Speelater Spork . Piaygrounla, ~,rz ..+`~ ~ '~`+"~ ' ~:~: Normally Brmeeeppbla Neighborhood Parts New conslrucgOn m Oevelopmerd should genemgy be discouraged. tt Golf Coerces, Nlain9 ~^~~ ~ ,. ~ ~ new corstruction or developmem does Drecee4 a dekiletl anarysis oT Die SroMes, Wakr . noise retlucBDn requlremerds must be Bevealkn, Cemeledes made and nestled noise Insulalloh katures Included in the tlesipn Duke BeiMings, Business ' r ~ ` ~ , mow: `' ' , Commercial and ~ - Prolessimmf Clevly IMaecepYble IntlusMel, MenuhaartnP ` UItIIHas, Aprfeutture 5 ~ ~5"""~ ~ ` ~' i ~ ~{°~~" ~~ - New cohstmctbn or tlevelopment should generalry not De undertaken. Source: Califomfn Depertmentof Fientth 6 75D-126 Noise monitoring was performed using a Quest Technologies Model 2900 Type 2 IntegratingAogging Sound Level Meter- The unit meets the American National Standards Institute (ANSI) Standard S1.4-1983 for Type 2, 1 International Electrotechnical Commission (IEC) Standazd 651 - 1979 for Type 2, and IEC Standazd 65I - 1979 for Type 2 sound level meters. The unit was field calibrated at 10:52 am. using a Quest 'T'echnologies (ZC-10 calibrator immediately prior to the fast set of readings. The calibration was then rechecked at 12:26 p.m. after the four "spot" readings and prior to an "in-room" 24-hour measurement and no meter `<driR" was noted. The accuracy of the cahbrator is maintained through a program established through the manuficturer and is traceable to the National Bureau of Standazds. The unit meets the requiremeirts of ANSI Standard 81.4-1984 and IEC Standard 942: 1988 for Class 1 equipment. j The study included four 15-minute, "spot" readings and one 24-hour "in-room" reading at the project site. For the four spat readings, the I,eq, Lorin, Lmax, Loz> Los, Lzs, and Lro values were recorded. As discussed above, the Leq ~ value is representative of the equivalent noise level or logarithmic average noise level obtained over the measurement period. The Lorin and Lmax represent the minimum and maximum root-mean-square noise levels obtained over a period of 1 second. The Loz, Los,. Lu, and Lso represent the values that aze exceeded 2, 8, 25, and 50 percent of the tune, or alternatively, 1, 5, 15, and 30 minutes per hour if the readings were extrapolated out to an hour's duration. The 24-hour measurement actually. consisted of 24 1-hour measurements. These 24 readings include the Leq, the Lio, the L9o, and the Lmax. The L recorded. The readin obtained alo ~' Loz, Los, Ins> and Lro for the entire 24-hour period are also g ng Harbor Boulevard (NR-3) was supplememed with simultaneous vehicle counts. These coums were obtained for modeling purposes (discussed below). Monitoring locations are shown in Figure 2 and the readings are included. in Table 3. Each reading is summarized below. TABLE3 NOISELEVEL MF 9.SUREMLc1yTS'' Monitoring L Location ~4 (d&4) Loz(d$.4) (dTilAl Las(di3A) Lso(dBA) Lorin Lmax 1.1 58.8 57.1 NR-2 56.0 59.7 58.1 56.7 55.7 50.9 63.8 NR-3 67.9 74.8 71.7 68.8 65.3 50.2 80.3 NR-4 61.2 65.7 63.9 62..1 60.4 56.7 70,3 NR-5 46.4 53.3 50.3 47.4 43.8 23.8 67.4 The Leq represems the equivalent sound level and is the muneric value of a constant level that over the given period of time transmits the same amrnmt of acoustic energy as the actual time-varying sound level. The Loz, Los, Lss, and Lso are the levels that are exceeded 2, 8, 25, and 50 percern of the time, respectively. Alternatively, these values represenrt the noise level that would be exceeded for 1, 5, 15, and 30 minutes during a 1-hour period. The Lorin and Lmax represent the minimum and maximum root-mean_squaze noise levels obtained over a period of 1 second. z Represents a cominuous, 24-hour reading. 7 75D-127 PIG[lRE2 NO I S E M 01 V 7 17 D X I1 V G L D CA 7 T O NS ate'? ~ ~ ;, c T 1,1\~~ W ~. ~ N W L O J Y -~ I. DRIVEWAY =' ". DRIVEWAY w r V ~~ W ,t a 0 m o +~ ~, n N r C$ Im u1Ne r~ 0~ ~ ~m F N f ' v N N go v ~a uu v . S N _ ~ r r ~ ~ yp N O O v a m i A 'a 0 ~ A A W - v a a K a C W DRIVEWAY 0 .PARKING AREA ~ ~ m~ DRIVEWAY >z m~ c°i ~"'~~ wa :::m f v a~ a w a u ,. W ~ ~ I I ' I ~ ~n ~ y~ _~ ~ Ctn _ < ~O • - C ® ; °~'~ ' ~4 " ZS m~ WW ~ ~ w• W a w~ w a w W ' b~p0 r~N j V'ip ti Wbp ~ ~ _ N SM S~ 75D-128 I s a ~_ z a y a T 1 z O la s 7 9 _~ a m NR-1-This reading was obtained on-site inside the rear portion of the pool area of the South Building. The 15- minute reading began at 11:00 am. Backgound noise include the rooms' air conditioning units, traffic noise, bird calls, and aircraft overflights. NR-2 -This reading was obtained on-site inside the front portion of the pool area of the Middle Building. The 15- minute reading began at 11:19 a.m. Background noise include. the rooms' av conditioning units, traffic noise, and aircraft overflights. NR-3 -This reading was obtained in the grassy azea located in front of the NorW Building along Harbor Boulevard. The meter was placed 50 feet east of the centerline of travel (grease stain) of the near, northbound lane. The 15-minute reading began at 11:41 a.m. Background noise was due to traffic on Harbor Boulevazd, but aircraft overflights, including a heliwpter overflight, also added to the ambient noise level.. Northbound traffic on Hazbor Boulevard included 295 autos, 11 medium trucks, and three heavy tracks, Southbound traffic included 276 autos, I 1 medium tracks, and one heavy truck. Two cars were also observed to pass the meter. at a distance of about 20 feet; one pulling into and pulling out of the motel. NR-4 -This reading was obtained on-site in the grassy courtyard area of the north building. Harbor Boulevard was partially visible from this location. The 15-minute reading began at 12:06 p.m. Background noise include-the rooms' air conditioning units, traffic noise, and people passing through the courtyard. NR-5 - To determine compliance with the State itrterior noise standards for sensitive land uses, this reading was obtained inside of Room 462. This second floor room faces directly o»to Harbor Boulevard with a window view of the street. The room is also located along the facility driveway and subject to parking lot noise. Furthermore, the room is located next to the stairway and people using the other rooms along this floor continually pass this room. As such, the room represems a reasonable worst-case scenario. Interior courtyard rooms, those that face the Park~B area, and those along the West I{em Avenue that do not face onto harbor Boulevard would be considerably quieter than the monitored room. As noted, the reading included 24 hourly readings as well as a 24-hour composite reading, The composite reading is included in Table 3. The results of the 24 hourly measurements, and calculated interior CNF.L, aze included In Table 4. Note that the results of the analysis show an i~erior noise level of 50.7 dBA CNEL. As noted, the State sets urterior noise standard of 45 dBA CNEL. 2.4.2 Noise Level Modeling Modeling of Observed Field Data Noise from motor vehicles is generated by engine vibrations, the imeraction between tires and the road, and the exhaust system. Reducing the average motor vehicle speed reduces the noise exposure at receptors adjacent to the road. Each reduction of 5 mph reduces noise by approximately 1 dBA. The Caltrans 5ound32 version of the Federal Highway Administration traffic noise predicfion model (Sound32 - Release 07/30/91) was used to evaluate traffic-related noise conditions in the project area. The model predicts i- hour Leq noise levels and these are conrpazed with the field measurements to determine the applicability of the model to local conditions, Later in this analysis, a factor is applied to provide the CNEL noise levels. These latter values were used in assessing potemial impacts from the project implemerrtation. The Sound32 noise model uses various parameters including the traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute typical equivale~ noise levels. Sound32 modeling was prepared for the number of vehicles and logistics observed during field reading NR-3 obtained along Harbor Boulevard. Vehicles were modeled at the posted speed of 40 mph. Bath "soft" and "hard" site modeling were prepared. The resuhs of this analysis aze included in Table 5. Note that the best overall correlation is obtained for "soft" site modeling where Predicted values are within 1 dBA of the measured values. 75D-129 TABLE 4 24 $OURLYNOISEZEVEL MEASUREMENTS OBTAINED INROOM461' Time dBA) L,® dBA L~ dBA Lmax (dBA 1:00 p.m. - 2:00 p.m. 47.8 50.9 39.0 62.7 2:00 p.m. - 3:00 p.m. 48.1 50.9 41.0 65.1 3:00 p.m. - 4:00 p.m. 47.9 50.6 40.5 61.8 4:00 p.m. - 5:00 p.m. 48.1 50.6 41.0 67.4 5:00 p.m. - 6:00 p.m. 47.6 50.1 41.3 65.5 6:00 p.m. - 7:00 p.m. 47.6 49.9 41.1 66.0 7:00 p.m. - 8:00 p.m. 46.1 49.1 38.8 58.1 8:00 p.m. - 9:00 p.m. 45. I 48.3 36.5 58.7 9:00 p.m. - 10:00 p.m. 44.9 48.3 35.6 60.8 10:00 p.m. - 11:00 p.m. 43.9 47.5 33.7 57.4 11:00 p.m. - 12:00 a.m. 42.4 46.2 29.9 60.1 12:00 a.m. -1:00 a.m. 42.2 45.2 29.2 61.8 1:00 a.m. - 2:00 a.m. 39.7 43.9 27.7 57.7 2:00 a.m. - 3:00 a.m. 39.9 43.5 27.2 63.8 3:00 a.m. - 4:00 a.m. 39.0 432 27.2 56.4 4:00 a.m. - 5:00 a.m. 42.2 45.8 27.8 61.6 5:00 a.m. - 6:00 a.m. 44.8 48,3 30.4 63.2 6:00 a.m. - 7:00 a.m. 46.8 50.4 37.3 59.8 7:00 a.m. - 8:00 a.m. 48.8 51.8 40.1 66.2 8:00 a.m. - 9:00 a.m. 48.1 51.6 38.4 63.1 9:00 a.m. - 10:00 a.m. 47.4 50.5 38.3 64.7 10:00 a.m. - 11:00 a.m. 47.7 50.8 37.3 64.9 11:00 a.m. - 12:00 p.m. 48.0 51.1 39.1 64.4 12:00 p,m. -1:00 p.m. 48.3 51.3 39.4 62.5 24-Hour Lrterior CNEL 50.7 rte, vvues are presemeti m dt3A. '17,e Leq represents the equivalent sound level and is the numeric value of a constant level that over the given period of time transmits the same amoum of acoustic energy as the actual time-varying sound level. The Leo, and Lso aze the levels that are exceeded 10 and 90 percent of the time, respectively. Alternatively, these values represent the noise level that would be exceeded for 6 and 54 minutes during a i-hour period. 'The Lmax represents the maximum root-mean-square noise level obtained over a period of 1 second. z Bold values represem a potential exceedance ofthe State interior noise standard. 10 75D-130 TABLE S NOISE LEVEL MEASUREMENTS i'EIdSUS PRF.D7CTEn MnnFr. uFCrtr Te Monitorln Location NR-3 (Soft Site) Measured dBA 67 9 Modeled Le (dBA ~ 67.4 Di erence (dBA 0.5 . NR-3 (Hard Site) 69.2 1.3 Modeling of Existing 71"ajy1C Volumes Noise within the project azea is dominated by vehicles traveling along Harbor Boulevazd. In order to assess the potemial for mobile-source noise impacts, it is necessary fo determine the noise currently generated by vehicles traveling through the area. Average daily traffic volumes (AD'I) are based on data provided by Bob Kahn of RK Engineering Group as per his discussion with the Orange County Transportation Authority (OCTA). Mr. Kahn reports that OCTA estimates that Harbor Boulevazd currently carries 42,000 ADT and could carry 47,000 ADT at General Plan build out. To determine the CNEL noise level produced by this traffic, the percentage contribution from each hour of traffic was determined from an Orange County, year 2005 model run of the California Av Resources Boazd's EMFAC2002 computer model used in the projection of vehicle emissions. The model predicts the volume of vehicles and miles generated for each of the 24 hours of the day. The ratio of each hour of traffic to the total daily traffic was then calculated from the model data. Traffic between the hours of 7:00 p.m. and 10:00 p.m. was assigned a 5-dBA penalty whereas the traffic predicted between 10:00 p.m. and 7:00 a.m. was assigned a 10-dBA penalty. The resultant noise associated with each hour was then logarithmically summed and averaged so that a "correction" factor could be ascertained and applied to the entire vohune of traffic as if it were to occur in a 1-hour period. Under these premises, this CNEL value is 10.2 dBA less than the model results that are predicted if the entirety of the ADT volume were modeled to occur in a 1-hour period. As such, the CNEL can be represented by modeling the ADT as if it were to occur in a 1-hour period and subtracting 10.2 dBA from the resultant value. For the purposes of this analysis, the ratio of automobiles, medium trucks, and heavy trucks is based on the vehicle counts observed along Harbor Boulevazd in the field study during noise reading NR-3. In all, 597 vehicles were coumed during the field reading. Of these vehicles, 571(95:64 percem) were autos, 22 (3.69 percent) were medium trucks, and four (0.67 perceut) were heavy trucks. Vehicle speeds are based on the posted speed limit of 40 mph. Table 6 presents the projected noise level along Harbor Boulevard, as well as the distances to the 70, 65, and 60 dBA CNEL noise contours. The modeling assumes "soft" site conditions that shows a better correlation with field observation. Based on the distance to the proximate on-site structures (approximately 65 feet from the cernerline of the road), exterior noise at the nearest rooms is approximately 71 dBA CNEL. Based on the measurements obtained in Room 462, the stnrcture is estimated to provide approximately 20 dBA of attenuation. TABLE 6 EXISTING TRAFFIC-GENERATEDNOISELEYELS THROUGHTHEPItO.IECTAREA' Existing Sristing Distance Distance Distance Street Name Location Speed (mph) ADT CNEL (dBA to 70 io 65 to ti0 Volumes @ 50 Feet) CNEL CNEL CNEL Harbor Boulevazd S/O McFadden 40 42,000 72.4 (Feet 73 Feet) 156 Feet 335 1 A.. ~___ __~ c._.. _ ~_.. aaa`uayycu ualui tIIG t%GIILGIime Or me rOaa. II 75D-131 3.0 STANDARDS OF SIGNIFICANCE The applicable noise standards governing the project site aze the City of Santa. Auer Noise Standards. The City of Santa Ana Land Use Guidelines, included in Table 2, are to be used in siting new land uses. The project includes the conversion of a motel to a transiem/residervial hotel land use.' The City's Noise Eh:ment of the General Pfau sets a "desirable maximtnn" noise level of 65 dBA for high density residervial and a "maximum acceptable" exterior noise level of 70 dBA CNEL. These levels are to be used to assess impacts to habitable exterior spaces. These exterior levels may be exceeded for non-habitable exterior areas so long as the iuterior noise levels do nm exceed the State's 45 dBA CNEL irverior standard. Additionally, the project would generate vehicle trips that are added to the local roadway network and the inclusion of these vehicles could raise traffic noise levels through the adjoining area Mobile-source noise (i.e., vehicle noise) is preempted from local reguhttion but is still subject to CEQA, With respect to noise increase, these noise impacts can be broken down into three categories. The fast is "audrble" impacts, which refers to increases in noise level that are perceptible to humans. Audible increases in noise levels generally refer to a change of 3 dBA or more since this level has bcen found to be bazely perceptible in exterior environments. The second category, "potentially audible," refers to a change in noise level between 1 and 3 dBA: This range of noise levels was found to be noticeable to sensitive people in laboratory enviromnervs. The lost category includes changes in noise level of less than 1 d$A that are typically "inaudible" to the human ear except under quiet conditions in controlled environments. Only "audible" changes in noise level aze considered potentially significant. Finally, the City has no published standards for vibration. As such, this analysis defers to the vibration standards published by Cahrans. Cahrans sets their minimum criterion for significant vibration impact at 0.2 inches per second. ('Ile maximum oriterion is set at 2 inches per second.) 4.0 IMPACT ANALYSIS For ease of the reader, the preserved impact analysis follows the format included in the Initial Study Checklist for Mitigated Negative Declarations for the preparation of noise impacts as specified under the California Environmental Quality Act (CEQA). The Checklist asks if the project would resuh in the: a) Exposure of persons to or generation of noise levels in excexs of standards established in the local general plan or noise ordinance, or applicable standards oj'otlrer'agencresY The City of Santa Ana Noise Elemerv sets the maximum acceptable high density residential outdoor living area noise standard at 70 dBA CNEL and recognizes the State's interior standard of 45 dBA CNEL. These values are to be used in the siting of new land uses. Habitable Exterior Areas Less than Sign cant Impact. An impact would be significant if the project were to site a sensitive use in an area that is already exposed to excessive noise. As noted, the City of Santa Ana band Use Guidelines, included in Table 2, aze to be used in siting new land uses. The project includes the conversion of a motel to a transierv/tesidervial hotel. The use would be considered as a high density residential use and the City sets a maximum limitation of 70 dBA CNF,L for habitable exterior spaces. As noted in the field study, the most prevalerv source of noise at the project site is from traffic traveling along Harbor Boulevard. Noise reading obtained in fire California Palms habitable exterior azeas, (i.e., the two pool areas) showed noise levels of 56.5 and 56.0 dBA, both obtained during the 11:00 a.m. hour. The EMFAC2002 model estimates that traffic during the 1 I:00 a.m. hour comprises approximately 5.92 percerv of the ADT. The CNEL is then calculated to be approximately 2.1 dBA louder than noise generated during the 11:00 a,m. hour. This would then infer a CNEL of about 58 to 59 dBA (i.e., 56.5 dBA + 2.1 dBA) in these habitable areas. 12 75D-132 i At build out, traffic along Harbor Boulevard is projected to increase from about 42,000 ADT to 47,000 ADT. This increase would raise future noise levels by 0.5 dBA CNEL. Future noise levels in the habitable areas would be raised accordingly, but would remain under 60 dBA CNEL and the impact remains less than significant. HabitablelnteriorAreas As noted, the project would be subject to estate-mandated 45 dBA CAiEL interior noise standard. Table 6 fi demonstrates that the Harbor Boulevard 70 dBA CNEL contour would lie at a distance of about 73 feet from the roadway centerline or about 22 feet from the curb line. The most proximate structures are located approximately 65 feet from the cemerline of the road and exterior traffic noise is calculated at about 70.6 dBA CNEL. At build out, this level would fiuther be increased by about 0.5 dBA and exterior noise at the most proximate rooms along Harbor Boulevazd would be increased accordingly. Monitoring in Room 462 located along Harbor Boulevazd, indicates an existing, in-room CNEL of approximately 50.7 dBA. This level would also raise by about 0.5 dBA to approximately 51.2 dBA CNEL at build out. Based on ~ a 45 dBA CNEL interior standard, the impact of noise on the proposed land use is potentially significam. Mitigation As noted, interior noise levels have been shown to exceed the 45 dBA CNEL interior noise standard and the impact is potentially significam. The following measures would ensure that imerior noise levels aze reduced to less than State's 45 dBA CNEL interior standard. The following measure is required for all rooms: • All rooms are to include forced air ventilation allowing the residems to leave windows closed reducing interior noise levels. Additionally, the following shall be applied to those units that face onto Harbor Boulevazd. • The developer shall specify a minimum STC rating of 29 for all window and/or door assemblies that from along Harbor Boulevard (west facing). These windows and/or doors aze to be well fitting with vinyl (or equivalent) gaskets that form an air-tight fitting. • Ali exterior fittings that enter the structures (e.g., electrical conduits, HVAC ducts) along Hazbor Boulevard are to be sealed with caulk such that the fittings are rendered as air-tight. Any metal duct-work that is exposed to the exterior environmem shall be enclosed and insulated to avoid noise iraosference through the ducting. • Any in-room air conditioning units placed along Harbor Boulevard shall be placed in baffled enclosures reducing transmitted noise, but allowing for airflow. • The Applicant shall abide by any other conditions set forth by the City of Sawa Ana Planning Departmem. Residuollmpad ~ The Naise Guidebook (HUD, 1985) presems Sound Transmission Class (STC) ratings for various types of construction materials and techniques. The STC rating is the official rating endorsed by the American Society of Testing and Measuremem and can be used as a guide in determining what type of construction is needed to reduce noise. Conversely, these same principles can be used to determine interior noise for a given type of constriction. An STC is a ineasure of a material's ability to reduce sound and is equal to the number of decibels a sound is reduced as it passes through tbe material. Thus, a high STC rating indicates a good insulating material. For example, if the external noise is 72 dBA and the desired imerior level is 45 dBA, a partition of 27 STC is required. Because of minor differences in ratings, as well as construction flaws, gaps, seams, openings, ducting, etc., field studies indicate that laboratory-derived STC ratings may be overstated by as much as 5 dBA (HUD puts this 13 75D-133 discrepancy at about 2-3 dBA.) As such, the mitigation would need to achieve a composite laboratory STC mting of approximately 32 (i.e., 27 + 5) to ensure that interior levels aze adequately mitigated to less than 45 dBA. According to HUD, a common stud wall has an STC of approximately 35 dBA and this value is used in the analysis. This analysis assumes retention of these walls and concentrates on improvements to fire windows and doors. The wall in Room 462 that faces omo Harbor Boulevazd was measured to include approximately 30 percem window and door. area. HUD provides a nomograph that can be used to determine the composite STC for walls that include windows and doors. Based on the noted values, the nomograph estimates that for the composite wall, window, and door to achieve an STC rating of 32, the windows and doors would have to have an STC rating of 29. {Common '/." glass windows have an STC of about 20 while a typical solid wood door has an STC of about 27J Sealing any ducts or exposed fittings would result in further reductions and interior noise is projected to be reduced to less than 45 dBA CNEL; even at build out. Interior noise levels would be reduced to under the State standard and the impact is reduced to less than significant. b) Exposure of persons to or generation of excessiveground borne vibration orgroundborne noise levels? Less than Significant Impact. The proposed project would involve the renovation and operation of an existing motel. Construction would be limited primarily to hand tool and no lazge-scale use of heavy equipment would be required. Additionally, no excessive groundbome vibrations or groundbome noise would be created by the operation of the proposed project. No significant impacts would result from project development and no mitigation measures are necessary. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact. The CEQA Guidelines require that projects be evaluated with respect to their contribution to the existing ambient noise levels. Aa increase in ambiern noise could occur if the project were to generate a substantial volume of traffic that would be added to the local roadways. The impact would be potemially significant if the project were to increase the ambient noise levels by 3 dBA CNEL. This level of change has been found to be barely discernable in an exterior environment under normal conditions and is typically used in environmental impact analyses. The project includes the conversion of an existing motel to a transiem/residential hotel. RK Engineering Group (California Palms Transient/Residetttial Hotel -City of Santa flea Trip Generation Study, January 31, 2005) provided trip generation rates for the existing use as well as the project after the conversion. The trip analysis finds that the project could raise the daily traffic from 1,165 to 1,391 ADT represeming an increase of 226 ADT. This volume was added to the existing volume of traffic along Harbor Boulevard (i.e., 42,000 ADT) and the resuhant value was modeled using the Cahrans Sound32 Noise Model. The model predicts a CNEL of 72.4 dBA as measured at a distance of 50 feet from the centerline of the road. Note that this same value was projected for Harbor Boulevard in the analysis of the existing setting. As such, the increase in noise is so small as to be immeasurable (i.e., less than 0.1 dBA CNEL) and is less than significant. d) A substantAl temporary or periodic increase in ambient noise levels i» the project vide' above levels existing wkhout the project? Less than Significant Impact. Short~erm noise impacts aze impacts typically associated with site preparation, excavation, grading, and construction of structures. However, the project includes renovation to existing structures and heavy equipment use would be limited. Most renovation would consist of remodeling and would occur within the rooms. Renovation could make use of common hand tools as well as small-scale pneumatic tools (e.g., nail guns). Local sensitive land uses include the residential units that aze located to east side of the facHity. The most proximate of these units could be on the order of 50 feet from the nearest renovation activities. 14 75D-134 The Municipal Code recognizes that some forms of noise are required for urban development and maintenance and aze difficuh to control. Section 18-314(e) exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. Compliance with the Code is requisite and as such, is not considered as mitigation under CEQA. While adverse, construction, when performed l in compliance'with the requirements of the Municipal Code is considered to be less than significant. e) For a project located within an airport land use plan or, where such a plan has nor been adopted, within two rniles of a public airport or public use aupor; would the project expose people r¢sidirrg or working in the project area m excessive noise levelsP Less than Significant Impact The project site is located approximately 4.g miles northwest of the John Wayne hrtematioruri Airport. The project is located to the west of the established flight path and is beyond the airport's 60- dBA CNEL noise contour. Implementation of the proposed project would not expose the site occupams to excessive aircraft noise levels and no mitigation measures are necessary. ~ For a project within the vicinity oja private airstrip, would the project expose people residing or working in the project area to excessive noise levelsl Na Impact. No private airstrips exist within two miles of the proposed site. Therefore, the proposed project would not result in a noise hazazd for the new residents that occupy the site. No mitigation measures are necessary. 5.0 REFERENCES California Air Resources Board, EMFAC2002 Computer Modei, Version 2.2, September 23, 2002 Caltrans, Sound32 Version of the FHWA Notee Program, Release 1.4, September 28, 1992 Cahrans, Technical Analysis Notes, March 13, 1991 Caltrans, Technical Noise Supplement to the Traffic Noise Analysis Protocol, October 1998 Caltrans, Traffic Noise Analysis Protocol for New Highway Construction and Reconstruction Projects, October 199$ Caltrans, Transportation Related Earthborne Vibrations, Febnrary 20, 2002 City of Santa Ana, City ofAna General Plan Noise Element, August 24, 1982 City of Santa Ana., City of Santa Ana Municipal Code, June 19, 2000 Couuty of Orange, Land Use/Noise CompatibiliryManual, December 14, 1993 Coumy of Orange, Noise Element, March 27, 1984 Federal Transit Administration, Transit Noise and Vibration Impact Assessment, April 1995 Housing and Urban Development, The Noise Guidebook, March 1985. RK Engineering Group, Inc., California Palms TranstentHotel - Ciry of Santa Ana Trap Generation Study, Jamrary 31, 2005 U.S. Environmental Protection Agency, Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances, Bolt, Beranek, and Newman, 1971 U.S. Departmem of Housing and Urban Deyelopment, A Guide to HUD Errvtronmental Criteria and Standards Contained in 24 CFR Part Sl, August 1984 15 75D-135 APPENDIX A PRINT OUT OF IN-ROOM NOISE MEASUREMENT 75D-136 I~ QUEST TECHNOLOGIES 2900 INTEGRATING/LOGGING SOUND LEVEL METER Unit Version Number: 02.4 Serial Number: CD5030O27 Name _~ ~WOrk Area ~COmments Meter Calibration: 114.OdB 16-FEB-05 @ 12:29:36 (Calibrator: Serial Number Calibration Date STUDY 1 Notes i (Measuring Parameters: Range 20- 80dB Weighting A Time Constant SLOW Threshold OFF Exchange Rate 3dB Peak Weighting A session Started Session S topped Run Time 16-FE$-05 @ 13:00:10 17-FEB-05 @ 13:00:10 24:00:00 Peak Level $4.2dB 16-FEB-O5 @ 16:54:03 Max Level 67.4dB 16-FEB-O5 @ 16:54:03 Min Level 23.SdB 17-FEB-05 @ 03:38:43 (Overload 0.16 ILEQ 46.4dB SEL(3) 95.7dB TWA 51.1dB TAKM3 48.OdB LDN 50.4dB CNEL 50.SdB Pa25ec 1.5 L2 53.3dB L8 50.3dB L25 47.4dB L50 43,SdB LOGGING ( 1 HR ) LEQ LMAX LPK L10 L90 Study 1 14:00:10 47.SdB 62.7dB 74,9dB 50.9dB 39.OdB OL ~ 15:00:10 48.1dB 65.1dB 78.OdB 50.9dB 41.OdB OL 16:00:10 47.9dB 61.8dB 74.9dB 50.6dB 40.5dB OL 17:00:10 48.1dB 67.4dB 84.2dB 50.6dB 41.OdB OL 18:00:10 47.6dB 65.5dB 76.1dB 50.1dB 41.3dB OL 19:00:10 47.6dB 66.OdB 78,9dB 49.9dB 41.1dB OL 20:00:10 46.1dB 58.1dB 70.OdB 49.1dB 3$,8dB OL 21:00:10 45.1dB 58.7dB 73.2dB 48.3dB 36.5dB OL 22:00:10 44.9dB 60.8dB 71.9dB 48.3dB 35.6dB OL 23x00:10 43.9dB 57.4dB 69.6dB 47.5dB 33.7dB OL 00:00:10 42.4dB 60.1dB 75.1dB 46.2dB 29.9dB OL 01:00:10 42.2dB 61.8dB 75.7dB 45.2dB 29.2dB OL 02:00:10 39.7dB 57,7dB 68.OdB 43.9dB 27.7dB OL ' Page 1 75D-137 LOGGING Study 1 03:00:10 04:00:10 05:00:10 06:00:10 07:00:10 08:00:10 09:00:10 10:00:10 11:00:10 12:00:10 13:00:10 1 TiR ) LEQ LMAX LPK L10 L90 39.9dB 63.SdB 73.4dB 43,5dB 27.2dB OL 39.OdB 56.4dB 67.6dB 43.2dB 27.2dB OL 42.2dB 61.6dB 74.9dB 45.8dB 27.8dB OL 44.SdB 63.2dB 75.8dB 48.3dB 30.4dB OL 46.8dB 59.8dB 81.9dB 50.4dB 37.3dB OL 48.8dB 66.2dB 79.OdB 51.8dB 40.1dB OL 48.1dB 63.1dB 74.3dB 51.6dB 38.4dB OL 47.4dB 64.7dB 76.2dB 50.5dB 38.3dB OL 47.7dB 64.9dB 75.8dB 50.8dB 37.3dB OL 48.OdB 64.4dB 76.3dB 51.1dB 39.1dB OL 48.3dB 62.5dB 74.2dB 51.3dB 39.4dB OL Page 2 75D-138 APPENDIX B SOUND32 MODELING OF OBSERVED FIELD DATA 75D-139 CALIFORNIA PALMS, NR-3, SOFT SITE IT~HARBOR NB, 1 1180 , 40 44 , 40 , 12 , 40 T-HARBOR SB, 2 1104 , 40 , 44 , 40 , 4 , 40 IL-, 1 N,-61.,-750,0, N,-61.,750,0, L-, 2 N,-110.,-750,0, N,-110.,750,0, IR, 1 67 ,1 0,0,5:, D, 4.5 ~ALL,ALL ~C,C 75D-140 SOUND32 - RELEASE 07/30/91 TITLE: CALIFORNIA PALMS, NR-3, SOFT SITE BASED ON FHWA-RD-108 AND CALIFORNIA REFERENCE ENERGX MEAN EMISSION LEVELS RECEIVER LEQ R-1 67.4 75D-141 CALIFORNIA PALMS, NR-3, HARD SITS T-HARBOR NB, 1 118D , 40 , 44 40 , 12 40 T-HARBOR S$, 2 1104 , 40 44 , 40 , 4 , 40 L-, 1 N,-61.,-750.,0, }N,-61.,750,0, L-, 2 N,-110.,-750,0, N,-110.,750,0, R, 1 , 67 ,1 0,0,5., ,C,C 75D-142 SOUND32 - RELEASE x7/30/91 TITLE: CALIFORNIA PALMS, NR-3, HARD SITE BASED ON FHWA-RD-108 AND CALIFORNIA REFERENCE ENERGY MEAN EMISSION LEVELS RECEIVER LEQ R-1 69.2 75D-143 APPENDIX C SOUND32 MODELING FOR HARBOR BOULEVARD 75D-144 ALIFORNIA PALMS, HARBOR, EXISTING T-fiAR$OR, 1 4017 , 40 , 155 40 , 28 , 40 L-, 1 IN,-50. ,750,0, N,-50.,750,0, R, 1 , 67 ,1 0,0,5„ 7 D, 4.5 IALL,ALL C,C 75D-145 SOUND32 - RELEASE 07/30/91. TITLE: CALIFORNIA .PALMS, HARBOR, EXISTING BASED ON FHWA-RD-10$ AND CALIFORNIA REFERENCE ENERGY MEAN EMISSION LEVELS RECEIVER LEQ R-1 72.6 75D-146 CALIFORNIA PALMS, HARBOR, EXISTING WITH PROJECT )T-HARBOR, 1 4038 40 156 , 40 , 28 40 L-, 1 ~N,-50.,-750,0, N,-50.,750,0, R, 1 67 ,1 1O,o,s.~ D, 4.5 ALL,ALL C,C 75D-147 SOUND32 - RELEASE 07/30/91 TITLE; CALIFORNIA PALMS, HAR$OR, EXISTING WITH PROJECT BASED ON FI~WA~RD-108 AND CALIFORNIA REFERENCE ENERGX MEAN EMISSION LEVELS RECEIVER LEQ R-1 '- 72.6 75D-148 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING A NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 2004-158 AND AMENDING THE NORTH HARBOR SPECIFIC PLAN (SP2) ZONING DISTRICT TO ALLOW TRANSIENT/RESIDENTIAL HOTEL USES WITH A CONDITIONAL USE PERMIT (ZOA NO. 2007-02) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The North Harbor Specific Plan (SP2) was created in June 20, 1994. B. The Planning Commission held a duly noticed public hearing on June 25, 2007 and recommended by a vote of 5:0 (De La Torre and Munoz absent) to recommend that the City Council 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-158. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-02. 3. Adopt a resolution approving Conditional Use Permit No. 2007-07 as conditioned. C. The City Council held a duly noticed public hearing on July 16, 2007 regarding the approval and adoption of the Negative Declaration for Environmental Review No. 2005-158, the adoption of an ordinance approving Zoning Ordinance Amendment No. 2007-02, to allow transient/residential hotels within the North Harbor Specific Plan (SP2) with a Conditional Use Permit and to approve a Conditional Use Permit No. 2007-07 to allow the Conversion of the California Palms to a transient/residential Hotel for the property located at 801 and 901 South Harbor Boulevard. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration, Environmental Review No. 2004-158, prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, negative declaration adequately addresses the expected environmental impacts 75D-149 of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein is the change to North Harbor Specific Plan (SP2) which allows transient residential hotels within the North Harbor Specific Plan (SP2) with a Conditional Use Permit. 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. All provisions of the North Harbor Specific Plan (SP2), which are repeated herein, are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 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. Ordinance No. NS-XXXX Page 2 of 3 75D-150 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: Counci 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 75D-151 • Florist shops • Furniture stores • Grocery stores • Home improvement stores • Jewelry stores • Office, business machine and computer stores • Pet shops and supplies • Specialty retail stores • Sporting goods stores • Variety stores • Other uses of a similar operation or nature 2. Offices, including: • Administrative services • Business services • Design, azchitectural or planning services • Financial institutions • Medical and dental offices • Professional services • Veterinary offices • Other uses of a similar operation or nature 3.Cinema (indoor) excluding "adult-only" 4.Public facilities and offices 3.5.2 Conditionally Permitted Uses The following uses may be permitted subject to the issuance of a conditional use permit pursuant to the Santa Ana Municipal Code: 1. Drive-through facilities whether part of another permitted use, a conditionally permitted use, or as a separate facility 2. Parking structures 3. Service and/or gasoline stations 4. Restaurants and other eating establishment, including take-out, but not including drive- through facilities 5. Public dance halls and public dance places with or without a cover change 6. Transient/residential hotels as defined in Section 41-139 of the Santa Ana Municipal Code 3.5.3 Minimum Lot Size and Dimensions The minimum size of any development proposal shall be 15,000 gross squaze feet. The minimum lot frontage shall be 120 feet on a public right-of--way. Sepazately-owned units of real property may be deemed a single lot for the purpose of this section if they are subject to conditions, covenants and restrictions, and reciprocal easements of access that provide for unified responsibility for vehicle access, parking, landscaping and signage. Exhibit A Adjacent parcels under the same ownership shall be combined and developed under one site plan or other development permit. 3.5.4 Special Requirements 1. The following items shall be screened from view from any arterial or collector street: • Loading docks, service bays, garage doors, and loading areas • Utility meters • Mechanical equipment • Trash storage 2. The design of all development within the General Commercial District shall be such that significant building architectural and landscape elements aze present on all building elevations. 3.5.5 DESIGN STANDARDS Refer to Chapters 5 and 6 for Design and Development Standards. 3.6 ENTERTAINMENT The Entertainment District is intended to provide an area along Harbor Boulevard specifically set aside for private, profit-making recreation and family entertainment activities such as restaurants, skating rinks, theaters, or night clubs. Development in this district should be well integrated with Santa Anita Park with shared access where possible and integrated pedestrian circulation. This land use designation is concentrated in the mid block area between First Street and McFadden Avenue and forms the central focus for the General Commercial zone. Typical land uses within this zone include restaurants, theaters, movie theaters, health leisure clubs, night clubs, community centers, urban open space including outdoor display and entertainment areas, and other leisure activities. 3.6.1 Uses Permitted 1. Health clubs 2. Ice skating and roller skating rinks 3. Miniature golf courses and driving ranges 4. Batting cages 5. Cinema (indoor) excluding "adult-only" 6. Museums and other publicly or not-for- profit operated cultural or similaz institutions 7. Live theater 75D-152 KO -07/10/07 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-07 AS CONDITIONED FOR A TRANSIENT/RESIDENTIAL HOTEL FOR THE PROPERTY LOCATED AT 801 AND 901 SOUTH HARBOR BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2007-07 has been filed with the City of Santa Ana seeking to allow Conversion of the California Palms to a transient/residential Hotel located at 801 and 901 South Harbor Boulevard within the South Harbor Specific Plan (SP2). B. The Planning Commission held a duly noticed public hearing on June 25, 2007 and recommended by a vote of 5:0 (De La Torre and Munoz absent) to recommend that the City Council 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-158. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-02. 3. Adopt a resolution approving Conditional Use Permit No. 2007-07 as conditioned. C. The City Council held a duly noticed public hearing on July 16, 2007 regarding the approval and adoption of the Negative Declaration for Environmental Review No. 2005-158, the adoption of an ordinance approving Zoning Ordinance Amendment No. 2007-02, to allow transient/residential hotels within the North Harbor Specific Plan (SP2) with a Conditional Use Permit and to approve a Conditional Use Permit No. 2007-07 to allow the Conversion of the California Palms to a transient/residential Hotel for the property located at 801 and 901 South Harbor Boulevard. D. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Resolution No. 2007- Page 1 of 10 75D-153 Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed California Palms transienUresidential hotel will contribute to the general well being of the community by eliminating an existing blighted motel and providing additional housing opportunities for all economic segment of the community through revitalization of an existing motel. It will provide appropriate amenities for children and families living in the California Palms transient/residential hotel, including open space, laundry rooms, landscaping and kitchens. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed transientresidential hotel use will not be detrimental to persons residing and working in the area. The Mitigated Negative Declaration (Environmental Review No. 2004-158) identified less than significant impacts associated with the implementation of this project. These impacts will be mitigated through mitigation measures identified in Environmental Review No. 2004-158. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed transientresidential hotel will not adversely affect the economic stability of the area. The residents of the transienUresidential hotel will provide a customer base to the retail and restaurant uses, which will reinforce the economic viability of the adjacent business community. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use. The project will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code as well as the provisions of Ordinance No. NS-2471 and the North Harbor Specific Plan (SP2) zoning district as well as the design and development standards established by the City Council for transient/residential hotels. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2007- Page 2 of 10 75D-154 The proposed transient/residential hotel will not adversely affect the General Plan as transient/residential hotels are conditionally permitted within the General Commercial Overlay district of the North Harbor Specific Plan (SP2). Further, Policy 1.4 of the Land Use Element promotes the maintenance and fostering of a variety of residential land uses in the city. Also, Policy 4.1 of the Housing Element encourages the development of new housing units and opportunities for all segment of the community. E. The City Council approved and adopted the negative declaration for Environmental Review No. 2004-158 with the Ordinance approving Zoning Ordinance Amendment No. 2007-02 which is hereby incorporated as though fully set forth herein by this reference. Section 2. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2007-07 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 3. This Conditional Use Permit is expressly conditioned upon adoption by the City Council of a zoning ordinance amendment Zoning Ordinance Amendment No. 2007-02, to allow transient/residential hotels within the North Harbor Specific Plan (SP2). The rights of the applicant under this Conditional Use Permit shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then this Conditional Use Permit is null and void and of no effect. ADOPTED this _ day of July, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney Resolution No. 2007- Page 3 of 10 75D-155 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 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. 2007- Page 4 of 10 75D-156 Conditions for Approval for Conditional Use Permit No. 2007-07 Conditional Use Permit No. 2007-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 2004-52. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to issuance of building permits, the landscape plans shall be revised to reflect 24-inch boxed size trees and five-gallon shrubs for all required plants of this project. 4. The existing pole sign along Harbor Boulevard shall be removed. 5. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. Mitigation Measures 6. All construction and operations will comply with SCAQMD rules and regulations. All applicable control measures listed in SCAQMD Rule 403 will be used to minimize impacts to air quality. These include but are not limited to the following measures: 06-1 Stabilize wind erodible surfaces to reduce dust, 06-2 Stabilize surface soil where support equipment and vehicles will operate, 06-3 Stabilize loose soil and demolition debris, Resolution No. 2007- Exhibit A Page 5 of 10 75D-157 06~ Comply with AQMD Rule 1403, 06-5 Stabilize disturbed soil throughout the construction site, and 06-6 Stabilize disturbed soil between structures. 7. In the event that human remains are found on the project, all work will stop and the County Coroner will be called to asses the remains and exhume them. In the event that the County Coroner recognizes the remains as being of Native American origin, the County Coroner is responsible to contact the Native American Commission within 24 hours. The Commission has various powers and duties to provide for the ultimate disposition of any Native American remains, as does the assigned Most Likely Descendant. Section 5097.98 and 5097.99 of the Public Resources Code also call for "protection to Native American human burials and skeletal remains from vandalism and inadvertent destruction." 8. As a condition of approval for a demolition permit, an asbestos-containing materials, lead-based paint, and polychlorinated biphenyl survey will be performed by a qualified environmental professional and conducted in accordance with all federal, state and local requirements, including those established by National Emissions Standards for Hazardous Air Pollutants (NESHAPS) guidelines and the Occupational Safety and Health Administration (OSHA). A report will be furnished by said qualified environmental professional and will outline the occurrence of hazardous materials on the project site. 9. If asbestos containing materials are discovered during site investigations, all potentially friable asbestos-containing materials will be removed in accordance with federal, state, and local laws and the NESHAP guidelines prior to building demolishing or renovation that may disturb the materials. All demolishing activities will be undertaken in accordance with California Occupational Safety and Health Administration (Cal/OSHA) standards, contained in Title 8 of the California Code of Regulations (CCR), Section 1529, to protect workers from exposure to asbestos. Materials containing more than one percent asbestos are also subject to SCAOMD regulations. Demolition performed in conformance with these federal, state and local laws and regulations will avoid significant exposure of construction workers and/or the public to asbestos containing materials. 10. If lead-based paint is discovered during onsite investigations, all building materials containing lead-based paint will be removed in accordance with Cal/OSHA lead in construction standards, Title 8, CCR 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead-based paint or coatings will be disposed of at landfills that meet acceptance criteria for the waste being disposed. Demolition performed in conformance with these federal, states, and local laws and Resolution No. 2007- Page 6 of 10 75D-158 regulations will avoid significant exposure of construction workers and/or the public to lead-based paint. 11. If polychlorinated biphenyls (PCBs) are discovered during onsite investigations, all PCB-containing lighting ballasts will be removed and disposed of in conformance with federal, state and local laws and regulations so as to avoid exposure of construction workers and/or the public to PCB containing materials. 12. A Water Quality Management Plan (WQMP) will be prepared and implemented as part of the design of the project. The WQMP will include structural treatment and non-structural best management practices (BMPs), including installation of storm filters and other control mechanisms. 13. All rooms will include forced air ventilation allowing the residents to leave windows closed reducing interior noise level. 14. The developer will specify a minimum Sound Transmission Class (STC) rating of 29 for all windows and/or door assemblies that front Harbor Boulevard (west facing). These windows and/or doors are to be well fitting with vinyl (or equivalent) gaskets that form an airtight fitting. 15. All exterior fittings that enter the structures (e.g., electrical conduits, HVAC ducts) along Harbor Boulevard will be sealed with caulk such that the fittings are rendered airtight. Any metal ductwork that is exposed to the exterior environmental will be enclosed and insulated to avoid noise transference through the ducting. 16. Any in-room air conditioning units placed along Harbor Boulevard will be placed in baffled enclosures reducing transmitted noise, but allowing airflow. 17. All construction equipment will be in proper operating condition and fitted with standard factory noise attenuation features. All equipment will be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. 18. Approved haul routes will be used to minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations. 19. To the degree feasible, construction equipment will be sited away from adjacent residential land uses. Resolution No. 2007- Page 7 of 10 75D-159 20. Hydraulic hammer attachments used in pavement and structure demolition will be equipped with a silencing package. 21. The project developer will contribute a fair share contribution toward the installation of a traffic signal at the intersection of Harbor Boulevard and Kent Avenue, in an amount determined by the City of Santa Ana Public Works Department. 22. The project developer will install a right turn only sign facing motorists exiting the site from the project site driveway closest to Kent Avenue. B. Police Deaartment 1. The property owner will be required to continuously and actively participate in the City of Santa Ana's Crime Free Multi-housing Program. This will require the property owner, managers, leasing staff, maintenance personnel and others in the management team to attend an entire eight-hour training program conducted by the Police Department and that the three phases of the program (Training, CPTED Inspection and safety social) be completed and that the Full Certification Program be maintained through the life of the project. 2. The applicant will be required to incorporate the Crime Free Lease/drug free housing Addendum into their leasing procedures. The addendum is subject to review by the Police Department. 3. The new building and parking lot must conform with the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 4. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. Prior to removal, all graffiti must be photographed and documented for Police Department use. 5. No exterior pay phones will be allowed. All other pay phones will be required to allow outgoing calls only. Resolution No. 2007- Page 8 of 10 75D-160 6. There shall be no coin-operated games maintained on the property at any time. 7. Between the hour of 5:00 p.m. and 5:00 a.m. the property owner shall provide a minimum of one-uniformed, licensed security guard in the parking lot and shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 8. The conditional use permit shall be reviewed at sixth months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 9. The site must be properly posted with P.C. 602 signage and up to date waiver must be kept on-file with the Police Department. 10. The properties landscaping must be properly maintained. Shrubs must be maintained at a minimum three-foot level, trees must be trimmed up to a minimum six-foot level. 11. Property owner must keep the Police Department up to date with all staff emergency numbers. 12. A lease addendum must be signed by all adults that will be living in a room. The addendum will be required to include a list of the rules of the hotel and contain a clause which states that violation of these rules will be good cause to terminate the lease/tenancy. 13. All proposed laundry rooms must be placed in a highly visible, high activity area. All proposed laundry locations must receive prior Police Department approval at the Plan Check stage. Resolution No. 2007- Page 9 of 10 75D-161 75D-162 REQUEST FOR COUNCIL/ HOUSING AUTHORITY ACTION MEETING DATE: JULY 16, 2007 TITLE: FUNDING ALLOCATIONS FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FISCAL YEAR 2007-2008 ~. CITY MANAGER EX CUTIVE DI CTOI~ RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement between the City of Santa Ana and the Housing Authority of the City of Santa Ana in the amount of $530,000 for the ongoing administration of the Tenant-Based Rental Assistance Program. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the County of Orange Health Care Agency in the amount of $774,650 to provide supportive housing services to HIV/AIDS individuals in the County of Orange. HOUSING AUTHORITY ACTION 1. Direct the Authority General Counsel to prepare and authorize the Executive Director of the Housing Authority to execute an agreement between the City of Santa Ana and the Housing Authority of the City of Santa Ana in the amount of $530,000 for the implementation of the Tenant-Based Rental Assistance Program. 2. Direct the Authority General Counsel to prepare and authorize the Executive Director of the Housing Authority to execute an agreement with AIDS Service Foundation Orange County in an amount not to 80A-1 Funding Allocations for HUD HOPWA Program FY 2007-2008 July 16, 2007 Page 2 exceed $12,000 to administer the wait list for the Tenant-Based Rental Assistance Program. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTIONS At its Regular Meeting of July 3, 2007, the Community Redevelopment and Housing Commission voted 6:0 (Villasenor absent) on the following recommendations: CITY COUNCIL Recommended that the City Council: 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement between the City of Santa Ana and the Housing Authority of the City of Santa Ana in the amount of $530,000 for the ongoing administration of the Tenant-Based Rental Assistance Program. 2. Direct the City Attorney to prepare and the Clerk of the Council to County of Orange Health Care Agenc provide supportive housing services County of Orange. and authorize the City Manager execute an agreement with the y in the amount of $774,650 to to HIV/AIDS individuals in the HOUSING AUTHORITY Recommended that the Housing Authority: 1. Direct the Authority General Counsel to prepare and authorize the Executive Director of the Housing Authority to execute an agreement between the City of Santa Ana and the Housing Authority of the City of Santa Ana in the amount of $530,000 for the implementation of the Tenant-Based Rental Assistance Program. 2. Direct the Authority General Counsel to prepare and authorize the Executive Director of the Housing Authority to execute an agreement with AIDS Service Foundation Orange County in an amount not to exceed $12,000 to administer the wait list for the Tenant-Based Rental Assistance Program. 80A-2 Funding Allocations for HUD HOPWA Program FY 2007-2008 July 16, 2007 Page 3 DISCUSSION Since 1993, the City of Santa Ana has received federal funds through the U.S. Department of Housing and Urban Development (HUD) for the Housing Opportunities for Persons with AIDS (HOPWA) Program to be used countywide. The HOPWA Program is designed to provide resources and incentives for long-term comprehensive strategies to meet the housing needs of persons with Acquired Immune Deficiency Syndrome (AIDS). HUD has allocated $1,345,000 to the City of Santa Ana for the fiscal year 2007-2008. Eligible activities for the HOPWA Program include: 1) new construction, acquisition and rehabilitation of affordable housing; 2) provision of tenant-based rental assistance; 3) short-term rental and mortgage payment assistance to prevent homelessness; 4) supportive social services and housing information services; 5) technical assistance; and 6) administrative expenses incurred by jurisdictions coordinating local programs. In allocating grant funds for eligible activities, the City of Santa Ana is required to consider the service needs of eligible persons who reside throughout Orange County and approve funding for projects which may be located anywhere within the County. In order to ensure that the limited funds are prioritized, City staff has worked closely with the Housing Committee of the Orange County HIV Planning Council, the HIV Planning Council, and agencies throughout the County of Orange providing services to the HIV/AIDS community. On January 8, 2007, a strategic planning meeting was held to determine priorities for the fiscal year 2007-2008 funds. Representatives from the Orange County Health Care Agency, service providers from throughout the county, HIV/AIDS infected and affected individuals and City staff participated in the meeting. Based on the strategic planning meeting, the 2007-2008 fiscal year funding recommendations were established. The recommended funding levels are: 1) $530,000 to continue the Tenant-Based Rental Assistance Program with the Housing Authority of the City of Santa who will subcontract with AIDS Services Foundation Orange County to administer the wait list; 2) $774,650 to the Orange County Health Care Agency for supportive housing services to individuals throughout Orange County; and 3) $40,350 for administrative costs. 80A-3 Funding Allocations for HUD HOPWA Program FY 2007-2008 July 16, 2007 Page 4 FISCAL IMPACT HUD provides HOPWA funds to the City. No additional City funding is necessary. Funds a re available in the HOPWA Program account (account no. 405-140-6931 and 405-148-6931). APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~ ~ c~ ~J a~dK/ 1b'Shelly L dry-Bayle U Housing Division Manager Community Development Agency ,, Francisco Gutierrez Executive Director Finance & Management Services Agency SGH/SLB/LF/mlr ~: \n.CTI0N5\2007 CC\JT CC-HA FundingAlloc HOPA 07-CB 7-16-07.doc 80A-4