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HomeMy WebLinkAbout FULL PACKET_2013-11-18MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 4, 2013 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS — None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:04 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:06 p.m.) SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA MICHELE MARTINEZ (5:06 p.m.) ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: P. DAVID BENAVIDES STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) City of Santa Ana v. Clear Channel Outd000r, Inc. (119 N. Grand & 1221 E. Third billboards) Orange County Superior Case No. 30- 2013- 00630925 CITY COUNCIL MINUTES 1 0A -1 NOVEMBER 4, 2013 2. City of Santa Ana v. Clear Channel Outd000r, Inc. (311 & 411 N. Bristol billboards) Orange County Superior Case No. 30 -2011- 00528925 3. City of Santa Ana v. Wang: (Clear Channel Outd000r. Inc.) (410 N. Bristol billboards) Orange County Superior Case No. 30 -2011- 00525651 4. City of Santa Ana v. CBS Outdoor (306 N. Bristol billboards) Orange County Superior Case No. 30- 2011 - 00528194 5. City of Santa Ana v. Gallegos Brothers (El Pollo Norteno) Orange County Superior Case No. 30- 2013 - 00630810 6. City of Santa Ana v. Gallegos Brothers (Grande Bakery) Orange County Superior Case No. 30- 2013 - 00630810 1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Service Employees' International Union (SEIU) Part-time Civil Service Employees CLOSED SESSION REPORT — See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 5:28 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 NOVEMBER 4, 2013 1 0A -2 REGULAR OPEN SESSION ITEM TAKEN OUT OF ORDER PROCLAMATION presented by COUNCILMEMBER SARMIENTO to Retired Judge John Nho Trong Nguyen, first Vietnamese Judge in the United States appointed to the Bench, for his dedication and outstanding service. CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:08 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO JACK ABEELEN, POLICE CHAPLAIN EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Mark Lawrence, Assistant to the City Manager, City Manager's Office CITY COUNCIL MINUTES 3 NOVEMBER 4, 2013 1 0A -3 Liduvina Gallardo, Senior Legal Secretary, City Attorney's Office 25 YEARS OF SERVICE Leonardo M. Correa Jr., Forensic Specialist I, Police Department 30 YEARS OF SERVICE Rosa S. Barela, Executive Secretary, Planning & Building Fred J. Gonzales, Police Services Dispatcher, Police Department 35 YEARS OF SERVICE David Silva, Public Works Crew Leader, Public Works CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Rupen Jim Akoubian, owner of NAPA Orange County Auto Parts, for being recognized as a finalist for the District Small Business of the Year Award by the Small Business Association. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Dr. Robert Gonzales for his generosity in providing optometry services free of charge to Santa Ana Unified School District students. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER REYNA to Dr. Marcia Moody, Assistant Dean /Campus Director of the Springfield School of Human Services for her dedication and work in the field of humanities. CLOSED SESSION REPORT — Nothing to report. PUBLIC COMMENT • Barbara Lamere, spoke on need for transparency and Code of Ethics; concerned with location and lack of parking and seating at last PREY Council Committee meeting. • Carolyn Torres, concerned with proposed gang injunction; opined that due process denied, labeling is for life and affect ability to get job; proposed investment in neighborhoods instead. • Billy Hall, request assistance in finding meeting place for Veteran's organization since displaced from current location. • Albert Castillo, spoke of issue with Vietnamese not finding place to have parade in Santa Ana; urged Council to have event in City; need to celebrate various ethnicities; also spoke of Santa Ana police officer's shooting of young resident; need to support our youth. CITY COUNCIL MINUTES 4 NOVEMBER 4, 2013 1 0A -4 • Alex Green, representing El Fenix, spoke of new organization committed to creating a bicycling - friendly community through advocacy, education, and cooperation. • Councilmember Martinez noted that Kidworks has applied for grants and suggest Mr. Green work with City's Public Works Agency. • Stephanie Young, representing Kidworks, encouraged City to apply for Greenway Grant for bike lanes. • Omar De La Riva, representing Kidworks, spoke in support of obtaining grant funds for class 1 bike lanes; important for youth to keep safe. • Karla Lopez del Rio, Assistant Vice President of NeighborWorks Health Access, Action Plan to have consistent bike lane; supports Pacific Electric Bike Lane; civic engagement important. • Christina Hall, El Fenix, spoke of general wellness issues; lack of bike lanes have caused recent accidents; support bike master plan; City to apply for additional grants. • Nancy Mejia, Latino Health Access representative, support more bike friendly City; invited all to Wellness Corridor Kickoff Event on November 16th that will include 9- mile bike run. • Councilmember Sarmiento, commented on Vista Del Rio's 1 -2 acres parklet that may be considered for development. • Councilmember Martinez, attended San Dimas Active Transportation event held November 4th. • Mayor Pulido, supports open space at Vista del Rio. • Alex Vega, spoke of Hispanic Affairs Office that services non - English speakers. • Brizy Mae, spoke of homeless issues, vacant buildings could be used such as old bus terminal. • Abraham Medina, commented on Peace and Dignity Run event (Anaheim to Santa Ana) to stop violence and police shootings; gang injunctions label youth — additional social programs needed. • Fernando Chavez, commented on general issues at Centennial Park. *Councilmember Reyna left the dais at 7:22 p.m. and returned at 7:29 p.m. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31B as recommended by staff with the following modifications: • Councilmember Amezcua pulled Agenda Items 25A and 29A for separate discussion; • Councilmember Martinez pulled Agenda Item 25E for separate discussion; and • Mayor Pro Tern Tinajero and Councilmembers Tinajero and Martinez abstained on Agenda Item 31A. MOTION: Benavides SECOND: Sarmiento CITY COUNCIL MINUTES 5 NOVEMBER 4, 2013 1 0A -5 VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna (1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES OF THE REGULAR MEETING OF OCTOBER 21, 2013 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATED BY COUNCILMEMBER REYNA AS THE WARD 5 REPRESENTATIVE TO THE PERSONNEL BOARD FOR A FULL TERM EXPIRING DECEMBER 13, 2016 - Clerk of the Council Office MOTION: Appoint. Residing Name Board /Commission Ward Stephanie Najera Personnel Board 5 "(Replacing Luis Martinez) 13B. COUNCIL COMMITTEE REPORTS MOTION: Receive and file Parks, Recreation, Education and Youth Minutes of August 19, 2013. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES — None CITY COUNCIL MINUTES 6 NOVEMBER 4, 2013 1 0A -6 19C. DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. 19D. QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services MOTION: Receive and file the Quarterly Report of Contracts entered into between July 1, 2013 to September 30, 2013 valued at $25,000 and less. 19E. QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2013 - Finance & Management Services MOTION: Receive and file. 19F. QUARTERLY REPORT ACTIVITIES (JULY 2013 Development Agency FOR HOUSING DIVISION PROJECTS AND THROUGH SEPTEMBER 2013) - Community MOTION: Receive and file. BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO 09 -037 - HAND TOOLS AND MISCELLANEOUS ITEMS — Finance & Management Services MOTION: Renew the contract with Grainger, Inc. for a one -year period in an annual amount not to exceed $85,000 subject to non - substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 13 -016 - SEWER MANHOLE REHABILITATION AND LINING SERVICES (Public Works Agency) - Finance & Management Services MOTION: Renew the contract with Zebron Contracting, Inc. for a one -year period in an amount not to exceed $75,000, subject to non- CITY COUNCIL MINUTES 7 NOVEMBER 4, 2013 1 0A -7 substantive changes approved by the City Manager and City Attorney. PROJECTS /CHANGE ORDERS 23A. A- 2013 -166 - CONTRACT AWARD FOR SANTA ANA MAIN LIBRARY ELEVATOR MODERNIZATION (PROJECT NO. 12 -7539) - Public Works Agency; Parks, Recreation & Community Services; and Community Development Agency MOTION: 1. Award a contract to 5Star Elevator Service, Inc., in the amount of $73,216 for the modernization of the elevator at the Main Library. 2. Approve the Cost Analysis, for a total estimated project delivery cost of $87,665. AGREEMENTS 25A. AGMT NO. 2013 -167 - ENVIRONMENTAL SERVICES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR A 24 -UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT AT 1584 EAST SANTA CLARA AVENUE (Sexlinger Property) - Planning and Building Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an amendment with URS Corporation in an amount not to exceed $42,735, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, CITY COUNCIL MINUTES 8 NOVEMBER 4, 2013 1 0A -8 25B. AGMT NO. 2013 -168 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2013 -03 FOR THE PROPERTY LOCATED AT 2450 NORTH BONNIE BRAE - Planning and Building Agency Historic Resources Commission approved recommended action on October 3, 2013 by a 5 -0 vote (Hitterdale, Schaefer absent). MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the property owner Andrea Michelle Hopper, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides VOTE: AYES: NOES GL�3tlf T ABSENT: *Mayor Pulido abstained residence. SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) Pulido (1) Martinez, Reyna, None (0) on Agenda Item 25B due to proximity to 25C. TRAFFIC COUNTING SERVICES - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements each for an amount not to exceed $30,000, with an option to extend the agreements for two one -year terms, subject to non - substantive changes approved by the City Manager and City Attorney. • AGMT NO. 2013 -169 -With National Data & Surveying Services. • AGMT NO. 2013 -170 - With Transportation Studies, Inc. 25D. AGMT NO. 2013 -171 - ENERGY AND SUSTAINABILITY CONSULTING SERVICES - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with Mariann Long and Associates, subject to non - substantive changes, approved by the City Manager and City Attorney in an amount not to exceed $32,705 for a period ending June 30, 2015. CITY COUNCIL MINUTES 9 NOVEMBER 4, 2013 1 0A -9 25E. AGMT NO. 2013 -172 - UTILITY CABINET PILOT ART PROGRAM - Planning and Building Agency and Public Works Agency MOTION: Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with selected artists and allocate funds in a total amount of $7,700 to paint seven utility cabinets in the downtown as part of this pilot program. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: MISCELLANEOUS - BUDGET SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 29A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR 2013 -2014 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENTS FOR REALLOCATION OF FUNDS - Community Development Agency Councilmember Martinez concerned with selection process. Staff indicated that full council would ratify decision. MOTION: 1. Approve the following projects for a total of up to $750,000 of available prior year CDBG funds. El Salvador Park Improvement $457,500 Public Facility Center Upgrades $60,000 Delhi Center ADA Improvements $200,000 2. Approve a substantial amendment to the 2013 -2014 Annual Action Plan, approving the reallocation of Community Development Block Grant funds, and authorizing its submittal to the U.S. Department of Housing and Urban Development. MOTION: Benavides SECOND: Reyna CITY COUNCIL MINUTES 10 NOVEMBER 4, 2013 1 0A -10 VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES Pulido, 31 A. MODIFY CONDITIONAL USE PERMIT NO. 2001 -28 FOR THE SANTA ANA LOFTS, MAIN STREET STUDIOS, AND THE EAST VILLAGE LOFTS LOCATED IN DOWNTOWN SANTA ANA — BILL McREYNOLDS, APPLICANT - - Planning and Building Agency Planning Commission approved recommended action on October 14, 2013, by a vote of 7 -0. MOTION: Receive and file the staff report approving modifications to Conditional Use Permit No. 2001 -28 as conditioned. *Mayor Pro Tern Tinajero and Councilmember Sarmiento abstained due to campaign contribution and Councilmember Martinez due to proximity to residence. 31 B. CONDITIONAL USE PERMIT NO. 2013 -25 FOR A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE FOR RITTER'S STEAM KETTLE COOKING RESTAURANT AT 1421 WEST MACARTHUR BOULEVARD, UNIT G - MICHAEL RITTER, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on October 14, 2013, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013 -25 as conditioned. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS CITY COUNCIL MINUTES 11 NOVEMBER 4, 2013 1 0A -11 RESOLUTIONS 55A. RESOLUTION AND AUTHORIZATION TO CARRY OVER FUNDS - 2015 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM - Public Works Agency MOTION: 1. Authorize the City Manager to submit selected projects to the Orange County Transportation Authority for inclusion into the 2015 Federal Transportation Improvement Program. 2. Adopt a resolution. RESOLUTION NO. 2013 -051 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE 2015 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Martinez Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 75A. PUBLIC HEARING — RESOLUTION AND ORDINANCE ADOPTING THE UPDATED CALIFORNIA AND INTERNATIONAL BUILDING AND FIRE CODES WITH AMENDMENT AND REQUISITE FINDINGS — Planning and Building Agency Legal Notice published in the O.C. Reporter on October 25, 2013. Staff report presentation by Executive Director of Planning and Building, Jay Trevino Building & Fire Code CITY COUNCIL MINUTES 12 NOVEMBER 4, 2013 1 0A -12 Updates & Amendments Chapter 8 Buildings and Structures Chapter 14 Fire Protection, Prevention & Emergency Services New Building Codes Adopted • 2013 CA Codes become effective January 1, 2014 • New Codes affect all Cities and Counties • Construction codes proposed for adoption with amendments include the 2013 California: • Building Code • Residential Code • Green Building Code • Plumbing Code • Mechanical Code • Electrical Code • Fire Code • Existing Building Code • Energy Code • 54 Reference Standards HSC 17958.5 & HSC 18941.5 Local jurisdictions may amend building standards to be more restrictive than Title 24, if such amendments are justified on the basis of a local geological, topographical or climatic condition. Local Amendments • A local condition does not need to be unique to the jurisdiction • Local amendments may not reduce a building standard below the model state code requirement • Local amendments and justifications must be filed with the California Building Standards Commission (CBSC) • Local amendments do not take effect until such amendments and justifications are filed with the CBSC New Codes Benefit Everyone • Improve life safety • Incorporate latest national standards • Improve Accessibility • Promote greener buildings • Enhance seismic safety standards SAMC - Chapters 8 and 14 Amendments • Amendments incorporated Plumbing I Support of In- Ground Piping Plumbing I Support of Suspended Horizontal Piping CITY COUNCIL MINUTES 13 NOVEMBER 4, 2013 1 0A -13 Plumbing Seismic Support of Suspended Horizontal Piping Plumbing Protection Against Corrosion Plumbing Size of Meter & Building Supply Piping Plumbing Increases Size of Building Supply Piping Plumbing Grade, Support & Protection of Building Sewers Mechanical Prohibits Flex Duct for Evaporative Coolers Electrical Minimum Size of Aluminum Electrical Conductors Electrical Restricts NM Cable to Residential Occupancies OCFA Updated Definitions OCFA Installation of Fire Sprinklers OCFA High -Rise Construction OCFA Life Safety System for High -Rises OCFA Height Definition for High -Rises Building Time Limitation of Application Building Permits Required Building High -Rise Construction Building High -Rise Life Safety System Recommendation • Adopt a Resolution for local amendments and Ordinance amending Chapters 8 and 14 of the Santa Ana Municipal Code Mayor Pulido opened the Public Hearing. There were no speakers and the Mayor closed the Public Hearing. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2013 -052 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA ANA WHICH JUSTIFY CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CITY COUNCIL MINUTES 14 NOVEMBER 4, 2013 1 OA -14 CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE AS AMENDED BY THE STATE OF CALIFORNIA 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2851 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE,-CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, , Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *Councilmember Benavides abstained on Agenda Item 75B due to potential conflict of interest and out of abundance of caution. 75B. PUBLIC HEARING — AMENDMENT APPLICATION NO. 2013 -03 TO REZONE FOUR PROPERTIES FROM MULTIPLE - FAMILY RESIDENCE (R3) TO GENERAL COMMERCIAL (C2) AT 909 NORTH GRAND AVENUE — CITY OF SANTA ANA, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on October 14 2013 by a 7 -0 vote. Legal Notice published in the O.C. Reporter on October 25, 2013 and notices mailed on October 24, 2013. CITY COUNCIL MINUTES 15 NOVEMBER 4, 2013 1 0A -15 Staff report presentation by Executive Director of Planning and Building, Jay Trevino 909 North Grand Avenue Amendment Application No. 2013 -03 Project Description • Rezoning of four parcels from Multiple - Family Residential (R -3) to General Commercial (C -2) • No proposed development Site Description • R -3 zoning • G.P. designation of General Commercial • Surrounded by freeway, office and retail uses Project Analysis • Site historically used for auto sales • Owner in process of developing master plan of all properties • Creates consistency with General Plan • Site suitable for commercial use • Will allow improvements to site Planning Commission Action • No comments during public hearing • Recommended that the City Council approve proposed zone change by a 7:0 vote. Recommendation • Recommend that the City Council approve Amendment Application No. 2013 -03 Mayor Pulido opened the Public Hearing. There were no speakers and the Mayor closed the Public Hearing. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2852 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 909 NORTH GRAND AVENUE FROM MULTIPLE - FAMILY RESIDENCE (R3) TO GENERAL COMMERCIAL (C2) (AA NO. 2013-03) MOTION: Sarmiento SECOND: Reyna VOTE: AYES: Amezcua, Martinez, Pulido, , Reyna, Sarmiento, Tinajero (6) CITY COUNCIL MINUTES 16 NOVEMBER 4, 2013 1 0A -16 NOES: None (0) ABSTAIN: Benavides (1) ABSENT: None (0) 75C. PUBLIC HEARING — AMENDMENT APPLICATION NO. 2013 -04, TENTATIVE TRACT MAP NO. 2013 -05 (COUNTY MAP NO. 17546) AND SITE PLAN REVIEW NO. 2013 -04 TO CHANGE THE ZONING FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 TO SUBDIVIDE THREE PARCELS INTO 28 CONDOMINIUMS FOR AT 4226 -4306 WEST FIFTH STREET — URBAN LAND, LLC, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on September 23, 2013 by a 6 -0 vote (Alderete absent). Legal Notice published in the O.C. Reporter on October 25, 2013 and notices mailed on October 24, 2013. Staff report presentation by Executive Director of Planning and Building, Jay Trevino Fifth & Newhope Detached Homes • Amendment Application No. 2013 -04 • Tentative Tract Map No. 2013 -05 • Site Plan Review No. 2013 -04 • 4226 -4306 West Fifth Street Project Description • To allow the construction of 28 detached homes. • To amend the zoning designation from General Agricultural (Al) to Specific Development (SD). • To subdivide three existing parcels into 28 air -right condominiums. • To obtain site plan approval within SD86. Site Description • Al (General Agricultural) zone. • LMR11 (Low Medium Density Residential) land use designation. • 2.66 acres in size. • Surrounded by residential uses. Project Summary • Three different floor plans CITY COUNCIL MINUTES 17 NOVEMBER 4, 2013 1 0A -17 Fifth a Units Plan T: Proposed Plan 1 10 bedro' Plan 2 10 bedro 8 Plan 3 bedrooms plus' denlopt bdrm 5 28 Total Percent of Project Square Footage 36% 36% 28% 100% 1,510 1,823 2,115 n/a Presented Elevation, Landscaping Plan and Pocket Park/Passive Open Space Recommendation • Adopt an ordinance approving Amendment Application No. 2013 -04 and SD No. 86. • Adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as conditioned. • Adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned. Mayor Pulido opened the Public Hearing. Public speaker Mr. Hernandez expressed concern with asbestos. Staff directed to look into matter. There were no other speakers and the Mayor closed the Public Hearing. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2853 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO. 2013 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 86 (SD -86) FOR SAID PROPERTY 2. Adopt a resolution. RESOLUTION NO. 2013 -053 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE CITY COUNCIL MINUTES 18 NOVEMBER 4, 2013 1 0A -18 TRACT MAP NO. 2013 -05 AS CONDITIONED AND APPROVING SITE PLAN REVIEW NO. 2013 -04 AS CONDITIONED FOR THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, , Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *Councilmember Amezcua abstained on Agenda Item 75D due to potential conflict of interest due to a campaign contribution and out of abundance of caution. 75D. PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2013 -03, SITE PLAN REVIEW NO. 2013 -05, INCLUSIONARY HOUSING PLAN AND AGREEMENT FOR A NEW MULTI - FAMILY RESIDENTIAL DEVELOPMENT AT 301 EAST JEANETTE LANE — VINEYARD DEVELOPMENT, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on October 14, 2013 by a 6 -1 vote (Yrarrazaval dissented). Legal Notice published in the O.C. Reporter on October 25, 2013 and notices mailed on October 24, 2013. Staff report presentation by Executive Director of Planning and Building, Jay Trevino The 301 • Zoning Ordinance Amendment 2013 -03 • Site Plan Review 2013 -05 • Mitigated Negative Declaration 2013 -14 • Inclusionary Housing Plan and Agreement Request by Applicant • To construct a multi - family residential project consisting of 182 units above 2 levels of parking. Project Description • Multi- family use CITY COUNCIL MINUTES 19 1 0A -19 NOVEMBER 4, 2013 • 182 residential units • 4 residential levels above 2 levels of parking • Overall height approximately 59 feet • 182 units — one, two and three - bedroom Sizes ranges 540 — 1,260 square feet • Amenities Two courtyards, a pool deck and two skycourts • including landscaping, bar -b -ques, fire pits, water features, seating areas, decorative pavement and pool — 950 s.f. resident lounge — 1,540 s.f. fitness center — Two lobbies — Leasing office • Mid -rise with contemporary architecture • Exterior finishes include wood siding, cement panels, wood louvers, metal handrails and aluminum doors and windows. Zoning Ordinance Amendment • The 301 requested amendments: — Allow multi - family residential land use — Building height to allow 59 feet — Open Space located above ground level — Parking Ratio 2.0 /unit — Tandem Parking for 64% Housing Opportunity Ordinance • In lieu of providing 15% of total units, a fee requested • SAMC requires City Council review and approval • Analysis supports fee, $1,977,000 Mitigated Negative Declaration • August 1, 2013- Notice of Intent (NO[) — 34 day public review — August 1 through September 3, 2013 • Mitigation Monitoring and Reporting Program (MMRP) will reduce or avoid significant adverse impacts of the project Recommendation • Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program No. 2013 -14 • Approve ZOA No. 2013 -03 • Approve SPR No. 2013 -05 as conditioned • Approve Inclusionary Housing Plan and Agreement Mayor Pulido opened the Public Hearing. Public speaker Berry Levine spoke in opposition to proposed project and against developer. The Mayor closed the Public Hearing. CITY COUNCIL MINUTES 20 NOVEMBER 4, 2013 1 OA -20 Councilmember Benavides proposed water feature at entrance; supports project that will allow for a more walkable community; echoed comments by Councilmember Sarmiento formula will lend itself to have more units and have mixed use; architectural design is impressive; proposed amendment Condition 9. Executive Director of Planning and Building Trevino noted that Housing Opportunity Ordinance will bring over $1 million to the City. Councilmember Martinez noted that active living communities is the direction the Council is taking; need parking reform; support developments that make sense for the community; Mayor Pulido asked developer if Bob Bisno involved; how far is City Place parking from proposed development; and opined that parking codes outdated and tandem parking will assist; 64 units are single bedrooms; supports strong economic market. Executive Director of Planning and Building Trevino noted that parking analyzed and will be sufficient. Mayor Pro Tern Tinajero commented that project followed sunshine ordinance - transparency and inclusionary clause required on development projects. Councilmember Sarmiento proposed that water feature use recycled water. 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2013 -14. 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2854 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 59 (SD -59) TO ALLOW THE CONSTRUCTION OF A MULTI - FAMILY RESIDENTIAL PROJECT WITH 182 UNITS AT 301 EAST JEANETTE WAY (ZOA NO. 2013 -03) 3. Adopt a resolution and amend Condition #9 to read as follows: A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include a minimum of one water feature within each courtyard, and also at one prominent project entry location that is visible to the public, CITY COUNCIL MINUTES 21 NOVEMBER 4, 2013 1 OA -21 and include elevations, hardscape design, lighting concepts and an installation plan. The exact specifications for these items are subject to review and approval of the Planning Division. The water feature(s) shall be maintained in the same condition as installed at the time of occupancy. RESOLUTION NO. 2013 -054 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, ENVIRONMENTAL REVIEW NO. 2013 -14, AND APPROVING SITE PLAN REVIEW NO. 2013 -05 AS CONDITIONED FOR THE PROPERTY LOCATED AT 301 EAST JEANETTE LANE 4. Approve an Inclusionary Housing Plan and Agreement authorizing payment of an in -lieu fee. MOTION: Benavides SECOND: Martinez VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: Amezcua (1) ABSENT: None (0) COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DIRECT CITY ATTORNEY TO PREPARE NECESSARY DOCUMENTS TO PROPOSE A CHARTER AMENDMENT ESTABLISHING A PRIMARY ELECTION FOR MAYOR SEAT TO BE CONSIDERED BY VOTERS AT THE 2014 GENERAL MUNICIPAL ELECTION - (Mayor Pro Tern Tinajero and Councilmember Sarmiento) Council discussion ensued. Council majority concurred with directive. Mayor disagreed with colleagues; request staff to analyze policies and practices by jurisdictions with directly and appointed mayor seat, include historical trends for both Mayor and City Council seats; and also cost and resources to run a primary election. MOTION: Direct City Attorney to prepare necessary documents as noted above including options for City Council consideration: practices of other jurisdictions, redrawing districts (wards), CITY COUNCIL MINUTES 22 NOVEMBER 4, 2013 1 OA -22 appointed Mayor seat and holding primary elections for City Council seats. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Sarmiento, Tinajero (6) NOES ABSTAIN ABSENT: Pulido (1) None (0) None (0) CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING, FOLLOWED BY SUCCESSOR AGENCY MEETING AT 9:10 P.M. AND RECONVENED AT 9:11 P.M. WITH SAME MEMBERS PRESENT. .o W. COMMENTS CITY MANAGER'S COMMENTS City Manager Cavazos commented on proposed creation of an Arts and Culture Commission that will be presented at the following City Council Meeting. CITY COUNCILMEMBER COMMENTS: Councilmember Martinez: • Welcome concept of Arts and Culture Commission; Commission to review fiscal impacts and sustainability of programs proposed; • Reported that the San Dimas City Selection Committee will be discussing active transportation and safety concerns; • Requested information from Police Chief Rojas and City Manager Cavazos on gang injunction; • Spoke of homeless issues - City has worked with various county departments over the years; philosophically opposed to building shelters in residential neighborhoods; • Suggest that Code of Conduct and Ethics Council Committee Meeting convene to consider rules and procedures for reporting violations; • Commented that she provided bike tour of Golden Trail to new City Manager Cavazos; and CITY COUNCIL MINUTES 23 NOVEMBER 4, 2013 1 OA -23 • Congratulated Ritter's Steam Kettle Cooking Restaurant on upcoming grand opening. Councilmember Sarmiento: • Echoed commented by Councilmember Martinez on need to hold a Code of Conduct and Ethics Council Committee meeting; • Commented on pressing issues regarding homelessness; Supervisor Moorloch asked that we support old transit area to be used for accommodations; opined that all cities need to address problem communally; • Recognized leadership of Judge Nguyen; • Noted that Dia de los Muertos event attracted 25,000 people; great success! and • Supports City Manager's recommendation to establish an Arts and Culture Commission - long time coming; feasibility study needed; address mural and utility box program. Mayor Pro Tern Tinajero: • Thanked Parks, Recreation and Community Services Executive Director Gerardo Mouet for installing stalls at City parks; and • Reported that Code of Conduct and Ethics Council Committee to convene meeting in the next 2 weeks. Councilmember Amezcua: • Thanked staff for coordinating "Dia de los Muertos" events; and • Concerned with homelessness; services to be promoted; elected officials need to meet with county and surrounding communities to address the problem. Councilmember Reyna: • Encourage all to conserve water; • Noted that "Dia de los Muertos" event in Downtown Santa Ana was well attended; diverse groups; family event; kudos to organizers; • Opined that Tet Festival in Santa Ana would be great; • Look forward to adding Arts and Culture Commission; • Gang injunction to be discussed at upcoming Public Safety Council Committee; and • Urged all to shop in Santa Ana. Councilmember Benavides: • Commented on weekend events — Monthly Artist Village Open House, Eastside Open Air Concert and "Dia De Los Muertos'; • Recognized committee that organized the "Noches de Altares ", including Calacas and Centro Cultural de Mexico; • LULAC held annual dinner; congratulated Councilwoman Martinez for receiving Woman of the Year award; CITY COUNCIL MINUTES 24 NOVEMBER 4, 2013 1 OA -24 • Reported that past Sunday served at Issah House; reflected on challenges faced by many; need to engage with County Board of Supervisors to collectively discuss solutions to problems; • Asked Fire Battalion Chief Scott Brown when the Orange County Fire Authority's equity issue that would add stability and protect cash cities would be considered; Chief Brown indicated that it was agendized for the November 18, 2013 City Council Meeting; and • Advocated for all to shop in Santa Ana. Mayor Pulido: • Spoke of expansion efforts over the years of Artist Village to make Santa Ana a more vibrant city; • Commented on possibility of bringing back Tet Festival to Santa Ana, where it began; and • Request staff to repair sidewalk at corner of 19th and Broadway. ADJOURNED - 9:37 P.M. - The next meeting of the City Council is scheduled for Monday, November 18, 2013 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS Street Car Project Locally Preferred Alignment • Public Hearing on Sexlinger Property Adoption of Strategic Plan Harbor Blvd. Mixed -Use Plan CITY COUNCIL MINUTES 25 NOVEMBER 4, 2013 1 OA -25 1 OA -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: ORDINANCE SECOND READING: ADOPT THE UPDATED CALIFORNIA AND INTERNATIONAL BUILDING AND FIRE CODES WITH AMENDMENT AND REQUISITE FINDINGS CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On November 4, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 7 -0: ORDINANCE NO. NS -2851 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2851 11 A -1 11 A -2 ROH 11/18/13 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: That section 8 -43 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -43. Adoption by reference. There is adopted by the city that certain code known as the California Building Code, 2013 Edition, based on the 2012 International Building Code as published by the International Code Council, (hereinafter referred to in this article as the 'Building Code," "building code," or "California Building Code "), consisting of "Volume 1 ", "Volume 2" and the 2013 California Existing Building Code (together with subsequent supplements or amendments to any volume, each of which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The building code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the building code set forth in this chapter that specifically amends the Building Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended a pre -2013 edition of the 'Building Code" shall also be construed as amending the applicable provision of the 2013 or later edition of the building code. The building code, as thus amended, together with all other provisions of this article, shall be known as the city building code. Appendices which are adopted pursuant to this section are as follows: Appendix I, Patio Covers Ordinance No. NS -XXXX 11 A -3 Page 1 of 67 Appendix J, Grading SECTION 2: That section 8 -90 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -90. Board of appeals (Volume 1, Chapter 1, Division II, Section 113). Section 113 of Volume 1, Chapter 1, Division II, of the building code is deleted. SECTION 3: That section 8 -94 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -94. Permits required (Volume 1, Chapter 1, Division II, Section 105). Section 105.1 of Chapter 1, Volume 1, Division II of the building code is amended to read as follows: 105.1 Permits required. No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, or its occupancy changed, removed, converted, demolished or maintained unless a separate permit for each building or structure has first been obtained from the building official. Sections 105.1.1 and 105.1.2 of Volume 1, Chapter 1, Division II of the building code are deleted. Item 6 of Section 105.2 is amended to read: Sidewalks, driveways and decks not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. SECTION 4: That section 8 -95 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -95. Certificate of occupancy (Chapter 1, Division 11, Section 111). Chapter 1, Division II, Section 111.1 of the building code is amended to read as follows: Chapter 1, Division II, Section 111.1 -- Certificate of Occupancy (1) Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an Ordinance No. NS -XXXX 11 A -4 Page 2 of 67 approval of a violation of the provisions of this code or other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2 (2) No alteration to an existing building which changes the floor area of the building or which changes the means of egress from the building shall be made until the building official has issued a certificate of occupancy therefor as provided herein. (3) No change of occupant within a building or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. EXCEPTION: Group R, Divisions 2 and 3, and Group U Occupancies. (4) No building or structure shall be connected with utility services, nor shall a building or structure whose electrical service has been disconnected be reconnected with electrical service until an inspection has been made and the building official has determined that the building does not constitute an unsafe building. SECTION 5: That section 8 -96 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -96. Time Limitation of Application (Volume 1, Chapter 1, Division II, Section 105.3.2). Section 105.3.2 is amended to read as a follows: Sec. 105.3.2. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless the permit has been issued; except that the Building Official may extend the time for action by the applicant for a period not exceeding one hundred and eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. SECTION 6: That section 8 -97 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Ordinance No. NS -XXXX 11 A -5 Page 3 of 67 Sec. 8 -97. High Rise Buildings (Section 202, Section 403). (a) Section 202 Definitions are added and /or revised as follows: APPROACH - DEPARTURE PATH. The flight path of the helicopter as it approaches or departs from the landing pad. EMERGENCY HELICOPTER LANDING FACILITY (EHLF). A landing area on the roof of a building that is not intended to function as a heliport or helistop but is capable of accommodating fire or medical helicopters engaged in emergency operations. High -rise structure. Every building of any type of construction or occupancy having floors used for human occupancy located more than 55 above the lowest floor level having building access (see Section 403), except buildings used as hospitals as defined in the Health and Safety Code Section 1250. SAFETY AREA. A defined area surrounding the landing pad which is free of obstructions. TAKEOFF AND LANDING AREA. The combination of the landing pad centered within the surrounding safety area. (b) Section 403 is amended to read as a follows: Sec. 403. High -rise buildings and group 1 -2 occupancies having occupied floors located more than 55 feet above the lowest level of fire department vehicle access. (c) Section 403.1 is amended to read as a follows: 403.1 Applicability. New high -rise buildings and group 1 -2 having occupied floors located more than 55 feet above the lowest level of fire department vehicle access and new group 1 -2 occupancies having occupied floors located more than 55 feet above the lowest level of fire department vehicle access shall comply with Sections 403.2 through 403.6. (d) Section 403.1.1 is amended to read as a follows: 1. "High -rise building" means every building of any type of construction or occupancy having floor used for human occupancy located above 55 feet above the lowest floor level having building access, except buildings used as hospitals as defined by the Health and Safety Code Section 1250. Ordinance No. NS -XXXX 11 A -6 Page 4 of 67 entirety: SECTION 7: That section 8 -98 of the Santa Ana Municipal Code is hereby deleted in its Sec. 8 -98. Reserved. SECTION 8: That section 8 -99 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -99. Reserved. SECTION 9: That section 8 -100 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -100. Reserved. SECTION 10: That section 8 -101 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -101. Aircraft - Related Occupancies (Section 412). Section 412.7 of the California Building Code is hereby amended by adding Sections 412.7.6 through 412.7.6.13 as follows: 412.7.6. Emergency Helicopter Landing Facility. Emergency Helicopter Landing Facility (EHLF) shall be constructed as specified in Section 412.7.6.1 through 412.7.6.13. 412.7.6.1 General. Every building of any type of construction or occupancy having floors used for human occupancy located more than 75 ft above the lowest level of the fire department vehicle access shall have a rooftop emergency helicopter landing facility (EHLF) in a location approved by the fire code official for use by fire, police, and emergency medical helicopters only. 412.7.6.2 Rooftop Landing Pad. The landing pad shall be 50 ft. x 50 ft. or a 50 ft. diameter circle that is pitched or sloped to provide drainage away from access points and passenger holding areas at a slope of 0.5 percent to 2 percent. The landing pad surface shall be constructed of approved non - combustible, nonporous materials. It shall be capable of supporting a helicopter with a maximum gross weight of 15,000 lbs. For structural design requirements, see California Building Code. 412.7.6.3 Approach - Departure Path. The emergency helicopter landing facility shall have two approach - departure paths separated in plan from each other by at least 90 degrees. No objects shall Ordinance No. NS-XXXX 11 A -7 Page 5 of 67 penetrate above the approach - departure paths. The approach - departure path begins at the edge of the landing pad, with the same width or diameter as the landing pad and is a rising slope extending outward and upward at a ratio of eight feet horizontal distance for every one foot of vertical height. 412.7.6.4 Safety Area. The safety area is a horizontal plane level with the landing pad surface and shall extend 25 ft in all directions from the edge of the landing pad. No objects shall penetrate above the plane of the safety area. 412.7.6.5 Safety Net. If the rooftop landing pad is elevated more than 30 in. (2' -6 ") above the adjoining surfaces, a 6 ft in wide horizontal safety net capable of supporting 25 Ibs /psf shall be provided around the perimeter of the landing pad. The inner edge of the safety net attached to the landing pad shall be slightly dropped (greater than 5 in. but less than 18 in.) below the pad elevation. The safety net shall slope upward but the outer safety net edge shall not be above the elevation of the landing pad. 412.7.6.6 Take -off and Landing Area. The takeoff and landing area shall be free of obstructions and 100 ft x 100 ft. or 100 ft. diameter. 412.7.6.7 Wind Indicating Device. An approved wind indicating device shall be provided but shall not extend into the safety area or the approach- departure paths. 412.7.6.8 Special Markings. The emergency helicopter landing facility shall be marked as indicated in Figure 412.7.6.8. 412.7.6.9 EHLF Exits. Two stairway exits shall be provided from the landing platform area to the roof surface. For landing areas less than 2,501 square feet in area, the second exit may be a fire escape or ladder leading to the roof surface below. The stairway from the landing facility platform to the floor below shall comply with CFC 1009.4.2 for riser height and tread depth. Handrails shall be provided, but shall not extend above the platform surface. 412.7.6.10 Standpipe systems. The standpipe system shall be extended to the roof level on which the EHLF is located. All portions of the EHLF area shall be within 150 feet of a 2.5 -inch outlet on a Class I or III standpipe. 412.7.6.11 Fire extinguishers. A minimum of one portable fire extinguisher having a minimum 80 -B:C rating shall be provided and Ordinance No. NS -XXXX 11 A -8 Page 6 of 67 located near the stairways or ramp to the landing pad. The fire extinguisher cabinets shall not penetrate the approach - departure paths, or the safety area. Installation, inspection, and maintenance of extinguishers shall be in accordance with the CFC, Section 906. 412.7.6.13 EHLF. Fueling, maintenance, repairs, or storage of helicopters shall not be permitted. 50' Figure 412.7.6.8 Helicopter Landing Pad Markings 20' Inside Diameter 2' Line Widtl Red in Color 1�51 Address Numbers: 5' High, 1' Line Width Black in Color \.12345 50' Numbers: 10' High 2' Line Red in Color Touchdown Pad Boundary 1' in Width Red in Color 1. The preferred background is white or tan. 2. The circled, red numbers indicate the allowable weight that the facility is capable of supporting in thousands of pounds. 3. The numbers shall be oriented towards the preferred flight (typically facing the prevailing wind). SECTION 11: That section 8 -102 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -102. Fire Protection Systems. (a) Section 903.2 Where required is hereby revised to read as follows: Ordinance No. NS -XXXX 11 A -9 Page 7 of 67 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists: 1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, an automatic fire - extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet (465 m2) as defined in the CBC, regardless of fire areas or allowable area, or more than two stories in height. 2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists: a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet (465 m2) as defined in Section 202; or b. When an addition exceeds 2000 square feet (186 m2) and the resulting building area exceeds 5000 square feet (465 M 2) as defined in Section 202. c. An additional story is added above the second floor regardless of fire areas or allowable area. Exception: Group R -3 occupancies. Group R -3 occupancies shall comply with Section 903.2.8. (b) Section 903.2.8 Group R is hereby revised as follows: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 902.1 shall be provided throughout all buildings with a Group R fire area as follows: 1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings. (c) Section 903.4 Sprinkler system supervision and alarms is hereby revised to read as follows: 1. Automatic sprinkler systems protecting one- and two - family dwellings. 2. Limited area systems serving fewer than 20 sprinklers. 3. Jockey pump control valves that are sealed or locked in the open position. Ordinance No. NS -XXXX 11A-10 Page 8 of 67 4. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 5. Trim valves to pressure switches in dry, preaction and deluge sprinkler systems that are sealed or locked in the open position. (d) Section 905.4 Location of Class I standpipe hose connections is hereby revised to read as follows: 905.4 Location of Class I standpipe hose connections, is hereby revised to read as follows: 7. The centerline of the 2.5 inches (63.5 mm) outlet shall be no less than 18 inches(457.2 mm) above and no more than 24 inches above the finished floor. (e) Section 907.2.13 High -rise buildings is hereby revised to read as follows: 907.2.13 High -rise buildings and Group 1 -2 occupancies having floors located more than 55 feet above the lowest level fire department vehicle access. High -rise buildings and Group 1 -2 occupancies having occupied floors located more than 55 feet above the lowest level of fire department vehicle access shall be provided with an automatic smoke detection in accordance with Section 907.2.13.1, a fire department communication system in accordance with Section 907.2.13.2 and an emergency voice /alarm communication system in accordance with Section 907.5.2.2 Exceptions: 1. Airport traffic control towers in accordance with Section 907.2.22 and Section 412 of the California Building Code. 2. Open parking garages in accordance with Section 406.3 of the California Building Code. 3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1 of the California Building Code. 4. Low - hazard special occupancies in accordance with Section 503.1.1 of the California Building Code. 5. In Group 1 -2 and R -2.1 occupancies, the alarm shall sound at a constantly attended location and general occupant notification shall be broadcast by the emergency voice /alarm communication system Ordinance No. NS -XXXX 11 A -1 1 Page 9 of 67 (f) Section 907.3.1 Duct smoke detectors is hereby amended to read as follows: 907.3.1 Duct smoke detectors. Smoke detectors installed in ducts shall be listed for the air velocity, temperature and humidity present in the duct. Duct smoke detectors shall be connected to the building's fire alarm control unit when a fire alarm system is installed. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location and shall perform the intended fire safety function in accordance with this code and the California Mechanical Code. Duct smoke detectors shall not be used as a substitute for required open area detection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble. (g) Section 907.5.2.2 Emergency voice /alarm communication system is revised to read as follows. 907.5.2.2 Emergency voice /alarm communication system. Emergency voice /alarm communication system required by this code shall be designed and installed in accordance with NFPA 72. The operation of any automatic fire detector, sprinkler waterflow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions for a general or staged evacuation in accordance with the building's fire safety and evacuation plans required by Section 404. In high -rise buildings and Group 1 -2 occupancies having occupied floors located more than 55 feet above the lowest level of fire department vehicle access, the system shall operate on a minimum of the alarming floor, the floor above and the floor below. Speakers shall be provided throughout the building by paging zones. At a minimum, paging zones shall be provided as follows: 1. Elevator groups. 2. Exit stairways. 3. Each floor. 4. Areas of refuge as defined in Section 1002.1. 5. Dwelling Units in apartment houses. 6. Hotel guest rooms or suites. Ordinance No. NS -XXXX 11A-12 Page 10 of 67 Exception: In Group 1 -1 and R-2.1 occupancies, the alarm shall sound in a constantly attended area and a general occupant notification shall be broadcast over the overhead page. (h) Section 907.6.3.2 High -rise buildings is revised to read as follows. 907.6.3.2 High -rise buildings. High -rise buildings and Group 1 -2 occupancies having occupied floors located more than 55 feet above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm- initiating devices where provided: 1. Smoke detectors. 2. Sprinkler water -flow devices. 3. Manual fire alarm boxes 4. Other approved types of automatic detection devices or suppression systems. (i) Section 907.6.5 Monitoring is revised to read as follows 907.6.5 Monitoring. Fire alarm systems required by this chapter or by the California Fire Code shall be monitored by an approved supervising station in accordance with NFPA 72, this section, and per Orange County Fire Authority Guideline "New and Existing Fire Alarm & Signaling Systems ". SECTION 12: That section 8 -103 of the Santa Ana Municipal Code is hereby deleted it its entirety: Sec. 8 -103. Reserved. SECTION 13: That section 8 -104 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -104. Reserved. SECTION 14: That section 8 -105 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -105. Reserved. SECTION 15: That section 8 -106 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -106. Reserved. Ordinance No. NS -XXXX 11A-13 Page 11 of 67 entirety: SECTION 16: That section 8 -112 of the Santa Ana Municipal Code is hereby deleted in its Sec. 8 -112. Reserved. SECTION 17: That section 8 -113 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -113. Reserved. SECTION 18: That section 8 -153 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -153. Standards for the Installation of Sprinkler Systems. NFPA 13, 2013 Edition, Installation of Sprinkler Systems is hereby amended as follows: (a) Section 6.8.3 is hereby revised as follows: 6.8.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2'/2' inlets. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2'/2' inlets shall be provided. (b) Section 8.3.3.1 is hereby revised as follows: 8.3.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick- response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following: 1. Quick- response type as defined in 3.6.4.7 2. Residential sprinklers in accordance with the requirements of 8.4.5 3. Standard - response sprinklers used for modifications or additions to existing light hazard systems equipped with standard - response sprinklers 4. Standard - response sprinklers response sprinklers are replaced 11A -14 used where individual standard - in existing light hazard systems Ordinance No. NS -XXXX Page 12 of 67 (c) Section 8.17.1.1.1 is hereby added as follows 8.17.1.1.1 Residential Waterflow Alarms. A local water -flow alarm shall be provided on all sprinkler systems and shall be connected to the building fire alarm or water -flow monitoring system, where provided. Group R occupancies not requiring a fire alarm system by the California Fire Code shall be provided with a minimum of one approved interior alarm device in each unit. Sound levels in all sleeping areas shall be minimum of 15 DBA above the average ambient sound or a minimum of 75 DBA with all intervening doors closed, whichever is greater. Alarms shall be audible within all other living areas within each dwelling unit. When not connected to a fire alarm or water -flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over - current protection) serving normally operated appliances in the residence. (d) Section 11.1.1.2 is hereby added as follows: 11.1.1.2 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d) curve "G ". Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy. (e) Section 11.2.3.1.1.1 is hereby added as follows: 11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official: 1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2) Use a maximum of 40 psi, if available; 3) Utilize the Orange County Fire Authority water -flow test form /directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California. (f) Section 23.2.1.1 is hereby revised as follows: Section 23.2.1.1 Where a waterflow test is used for the purposes of system design, the test shall be conducted no more than 42 6 months prior to working plan submittal unless otherwise approved by the authority having jurisdiction. SECTION 19: That section 8 -154 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Ordinance No. NS -XXXX 11A-15 Page 13 of 67 Sec. 8 -154. Installation of Sprinkler System in Residential Occupancies up to and Including Four Stories in Height. NFPA 13R 2013 Edition, Installation of Sprinkler System in Residential Occupancies up to and Including Four Stories in Height is hereby amended as follows: Section 6.16.1 is hereby revised as follows: 6.16.1 A local water -flow alarms shall be provided on all sprinkler systems and shall be connected to the building fire alarm or water -flow monitoring system where provided. Group R occupancies containing less than the number of stories, dwelling units or occupant load specified in Section 907.2.8 of the 2010 California Fire Code as requiring a fire alarm system shall be provided with a minimum of one approved interior alarm device in each unit. Sound levels in all sleeping areas shall be a minimum of 15 dBA above the average ambient sound or a minimum of 75 dBA with all intervening doors closed, whichever is greater. Alarms shall be audible within all other living areas within each dwelling unit. When not connected to a fire alarm or water -flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over - current protection) serving normally operated appliances in the residence. There shall also be a minimum of one exterior alarm indicating device, listed for outside service and audible from the access roadway that serves that building. SECTION 20: That section 8 -155 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -155. Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes. NFPA 13D 2013 Edition, Standard for the Installation of Sprinkler Systems in One - and Two - Family Dwellings and Manufactured Homes is hereby amended as follows: (a) Section 4.1.3 is hereby added as follows: 4.1.3 Stock of Spare Sprinklers (b) Section 4.1.3.1 is hereby added as follows: 4.1.3.1. A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced. (c) Section 4.1.5.2 is hereby added as follows: Ordinance No. NS -XXXX 11A-16 Page 14 of 67 4.1.3.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property. (d) Section 4.1.3.3 is hereby added as follows: 4.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 °F (38 °C). (e) Section 4.1.3.4 is hereby added as follows: 4.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed. (f) Section 7.1.2 is hereby revised as follows: 7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service. (g) Section 7.6 is hereby deleted in its entirety and replaced as follows: 7.6 Alarms. Exterior alarm indicating device shall be listed for outside service and audible from the street from which the house is addressed. Exterior audible devices shall be placed on the front or side of the structure and the location is subject to final approval by the fire code official. Additional interior alarm devices shall be required to provide 55 dBA or 15 dBA above ambient, whichever is greater. Sound levels in all sleeping areas with all intervening doors closed shall be a minimum of 15 dBA above the average ambient sound level but not less than 75 dBA, whichever is greater. Audible devices shall be powered from an uninterruptible circuit (except for over - current protection) serving normally operated appliances in the residence. Exception 1. When an approved water flow monitoring system is installed, interior audible devices may be powered through the fire alarm control panel. 2. When smoke detectors specified under CBC Section 907.2.11 are used to sound an alarm upon water low switch activation. SECTION 21: That section 8 -156 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -156. Installation of Standpipe and Hose Systems. Ordinance No. NS -XXXX 11A-17 Page 15 of 67 NFPA 14, 2013 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows: Section 7.3.1.1 is hereby is deleted in its entirety and replaced as follows: 7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor. SECTION 22: That section 8 -157 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -157. Standard for the Installation of Private Fire Service Mains and Their Appurtenances. NFPA 24, 2013 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows: (a) Section 6.2.1.1 is hereby added as follows: 6.2.1.1 The closest upstream indicating valve to the riser shall be painted OSHA red. (b) Section 6.2.11 (5) is hereby deleted without replacement and (6) and (7) renumbered: (5) Control Valves installed in a fire -rated room accessible from the exterior. (6) Control valves in a fire -rated stair enclosure accessible from the exterior as permitted by the authority having jurisdiction. (c) Section 6.3.3 is herby added as follows: Section 6.3.3 All post indicator valves controlling fire suppression water supplies shall be painted OSHA red. (d) Section 10.1.6.3 is hereby added as follows: 10.1.6.3 All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8 -mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section. Exception: 304 or 316 Stainless Steel pipe and fittings (e) Section 10.3.6.2 is hereby revised as follows: Ordinance No. NS -XXXX 11A-18 Page 16 of 67 10.3.6.2 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion - retarding material, prior to poly -tube, and after installation. Exception: Bolted joint accessories made from 304 or 316 stainless steel. (f) Section 10.3.6.3 is hereby added as follows: 10.3.6.3 All bolts used in pipe -joint assembly shall be 316 stainless steel. (g) Section 10.6.3.1 is hereby deleted and replaced as follows: 10.6.3.1 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2. (h) Section 10.6.4 is hereby revised as follows: 10.6.4 Pipe joints shall not be located under foundation footings. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints. SECTION 23: That section 8 -290 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -290. Adoption by reference. There is adopted by the city that certain code known as the California Plumbing Code, 2013 Edition, including the following appendices thereto: A, B, D, I and K, (hereinafter referred to in this article as the "Plumbing Code "), together with subsequent supplements or amendments, which shall become effective, adopted and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The plumbing code is adopted and incorporated by reference as fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the plumbing code set forth in this chapter of this Code that specifically amend the plumbing code. Any previously enacted, unrepealed provision of this Code that amended a pre -2013 edition of the "Plumbing Code" shall also be construed as amending the applicable provision of the 2013 or later edition of the plumbing code. The plumbing code as amended, together with all other provisions of this article, shall be known as the city plumbing code. SECTION 24: That section 8 -342 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -342. Suspended piping support (California Plumbing Code, Table 313.1). Ordinance No. NS -XXXX 11A-19 Page 17 of 67 Table 313.1 of the plumbing code is amended by adding footnote 2 to the requirements for horizontal piping of all materials specified in Table 313.1 of the California Plumbing Code. SECTION 25: That section 8 -401 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -401. Building supply pipe (California Plumbing Code Section 610.8 using Table 610.4). Section 610.8 of the Plumbing Code is amended to read as follows: 610.8 Size of meter and building supply pipe using Table 610.4. The size of the meter and the building supply pipe shall be determined as follows: 1. Determine the available pressure at the water meter or other source of supply. 2. Add or subtract depending on positive or negative elevation change,' /2 psi for each foot of difference in elevation between such source of supply and the highest water supply outlet in the building or on the premises. 3. Use the "pressure range" group within which this pressure will fall using Table 610.4. 4. Select the "length" column that is equal to or longer than the required length. 5. Follow down the column to a fixture unit value equal to or greater than the total number of fixture units required by the installation. 6. Having located the proper fixture unit value for the required length, sizes of meter and building supply pipe as found in the two left -hand columns shall be applied. No building supply pipe shall be less than three - quarters (3/4) inch (20 mm) in diameter. Each single family residential structure shall be served with a main water supply pipe of not less than one (1) inch I.D. Two (2) hose bibs served by three - quarter (3/4) I.D. pipe or larger shall be provided; one serving the front yard and one serving the rear yard. SECTION 26: That section 8 -402 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Ordinance No. NS -XXXX 11 A -20 Page 18 of 67 Sec. 8 -402. Building supply pipe (California Plumbing Code, Table 610.4). Table 610.4 of the plumbing code is amended by changing the note 2 to read as follows: Building Supply, three - quarter (3/4) inch (20 mm) nominal size minimum, - 1" minimum diameter for each single - family residential structure. SECTION 27: That section 8 -405 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -405. Grade, support, and protection of building sewers (Section 718.1). Section 718.1 of the California Plumbing Code is amended by adding the following paragraph thereto. Building sewer piping systems designed for grades of less than one (1) percent shall be designed by a registered civil engineer. The engineer shall be responsible for supervising the installation and shall certify in writing that the sewer installation is in compliance with the City- approved plan, relative to line and grade. SECTION 28: That section 8 -556 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -556. Adoption by reference. There is adopted by the city that certain code known as the California Mechanical Code, 2013 edition (hereinafter referred to in this article as the "California Mechanical Code" "Mechanical Code" or "mechanical code "), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The mechanical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the mechanical code set forth in this chapter of this Code that specifically amend the mechanical code. Any previously enacted, unrepealed provision of this Code that amended a pre -2013 edition of the "Mechanical Code" shall also be construed as amending the applicable provision of the 2013 or later edition of the mechanical code. The mechanical code as amended, together with all other provisions of this article, shall be known as the city mechanical code. SECTION 29: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8 -570 amending California Mechanical Code Section 602.1 is necessary because of corrosion related to the high seasonal humidity in this coastal area which prevents moisture collecting in flexible ducting of evaporative Ordinance No. NS -XXXX 11 A -21 Page 19 of 67 cooling systems from draining and evaporating, contributing to the deterioration of the ductwork thereby endangering person's health and the environment. SECTION 30: That section 8 -570 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -570. Ducts -- Material (Section 602.1). Section 602.1 of the mechanical code is amended to read as follows: 602.1 General. Supply air, return air, and outside air for heating, cooling, or evaporative cooling systems shall be conducted through duct systems constructed of metal in accordance with SMACNA HVAC Duct Construction Standards - Metal and Flexible. Rectangular ducts two (2) inches w.g. shall comply with the SMACNA HVAC Duct Construction Standards - Metal and Flexible. Ducts, plenums, and fittings shall be permitted to be constructed of concrete, clay, or ceramics when installed in the ground or in a concrete slab, provided the joints are tightly sealed. In other than Group A, E, H, I, L, and R occupancies, high -rise buildings, and other applications listed in Section 1.11.0 regulated by the Office of the State Fire Marshal, corridors shall not be used to convey air to or from rooms if the corridor is required be of fire - resistive construction in accordance with the Building Code. In Group A, E, H, I, L, and R occupancies, high -rise buildings, and other applications listed in Section 1.11.0 regulated by the Office of the State Fire Marshal, corridors shall not be used to convey air to or from rooms except where permitted in accordance with Section 1018.5 of the California Building Code. Exception: [OSHPD 1, 2, 3 & 4] (See Section 407.4.1.3). Not permitted for [OSHPD 1, 2, 3 & 4] Concealed building spaces or independent construction within buildings shall be permitted to be used as ducts or plenums. When gypsum products are exposed in ducts or plenums, the air temperature shall be restricted to a range from 50 °F (10 °C) to 125 °F (52 °C), and moisture content shall be controlled so that the material is not adversely affected. For the purpose of this section, gypsum products shall not be exposed in ducts serving as supply from evaporative coolers, and in other air - handling systems regulated by this chapter when the temperature of the gypsum product will be below the dew point temperature. See Chapter 8 for limitations on combustion products venting systems extending into or through ducts or plenums. Ordinance No. NS -XXXX 11 A -22 Page 20 of 67 See Chapter 5 for limitations on environmental air systems exhaust ducts extending into or through ducts or plenums. Exhaust ducts under positive pressure and venting systems shall not extend into or pass through ducts or plenums. For appliance vents and chimneys, see Chapter 8. EXCEPTION: Supply air duct, on the discharge side of an evaporative cooler, shall be conducted through rigid metal ducts constructed as set forth in SMACNA HVAC Duct Construction Standards - Metal and Flexible, and unless prohibited by structural conditions shall be graded in the direction of the supply outlet. Factory-made air ducts complying with U.L. Standard No. 181 shall be limited to installation in a vertical position only. Note: Vertical shall be defined as not more than forty -five (45) degrees from the vertical. SECTION 31: That section 8 -667 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -667. Adoption by reference. There is adopted by the city that certain code known as the California Electrical Code 2013 Edition and the administrative provisions set forth herein, (hereinafter referred to in this article as the "Electrical Code ") together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless specifically adopted prior to that date, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The electrical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the electrical code set forth in this chapter of this code that specifically amend the electrical code. Any previously enacted, unrepealed provision of this Code that amended a pre -2013 edition of the "Electrical Code" shall also be construed as amending the applicable provision of the 2013 or later edition of the electrical code. The electrical code as amended, together with all other provisions of this article, shall be known as the city electrical code. SECTION 32: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8 -942 amending California Electrical Code Section 334.12 is necessary because earthquakes are a common occurrence in the local area; that, unlike wire installed in conduit or raceways, non - metallic sheathed cable does not provide the degree of protection that is needed in the event of an earthquake; that Ordinance No, NS -XXXX 11 A -23 Page 21 of 67 exposed non - metallic sheathed cable is particularly hazardous; and that this amendment is necessary to assure that adequate protection is provided in the workplace and in other places of public gathering. SECTION 33: That section 8 -942 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -942. Uses not permitted (Section 334.12), Section 334.12 of the California Electrical Code is amended to read as follows: Sec. 334.12. Uses Not Permitted. (A) Types NM, NMC and NMS. Types NM, NMC and NMS cables shall not be permitted as follows: 1. In any multifamily dwelling or other structure not specifically permitted in 334.10(1), (2), and (3). 2. Exposed in dropped or suspended ceilings in other than one - and two - family and multifamily dwellings 3. As service- entrance cable 4. In any nonresidential building or structure 5. In theatres and similar locations except where permitted in 518.4(B) 6. In motion picture studios 7. In storage battery rooms 8. In hoist ways or on elevators or escalators 9. Embedded in poured cement, concrete, or aggregate. 10. In hazardous (classified) locations, except where specifically permitted by other articles in this Code. (B) Types NM and NMS. Types NM and NMS cables shall not be installed in the following: 1. Where exposed to corrosive fumes or vapors 2. Where embedded in masonry, concrete, adobe, fill, or plaster Ordinance No. NS -XXXX 11 A-24 Page 22 of 67 3. In a shallow chase in masonry, concrete, or adobe and covered with plaster, adobe, or similar finish 4. In wet or damp locations SECTION 34: That section 8 -2000 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2000. Adoption by reference. There is adopted by the city that certain code known as the 2012 International Property Maintenance Code (hereinafter referred to as the 'Property Maintenance Code "), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on each new official publication date of the International Property Maintenance Code, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The said Code is adopted and incorporated as fully as if set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the property maintenance code set forth in this chapter of this Code that specifically amends the property maintenance code. Any previously enacted, unrepealed provision of this Code that amended a pre -2012 edition of the "Property Maintenance Code" shall also be construed as amending the applicable provision of the 2012 or later edition of the property maintenance code. The property maintenance code, as thus amended, together with all other provisions of this article, shall be known as the city property maintenance code. (a) Section 302.8 of the Property Maintenance Code is amended to read as follows: 302.8 Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, unless within an enclosed structure, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Occupancy of any motor vehicle for the purpose of living, sleeping, eating or cooking shall only occur within an approved trailer park. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. When auto repairs or maintenance occur on a property used for residential occupancy, only vehicles registered to the premises may undergo such repairs or maintenance. Ordinance No. NS -XXXX 11 A -25 Page 23 of 67 (b) Section 304.3 of the Property Maintenance Code is amended to read as follows: [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Numbers shall be a minimum of 4 inches (102 mm). (c) Section 304.14 of the Property Maintenance Code is amended to read as follows: 304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self - closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. (d) Section 305.1.1 of the Property Maintenance Code is amended to read as follows: 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the California Building Code: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or loads effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not Ordinance No. NS -XXXX 11 A-26 Page 24 of 67 properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. (e) Section 505.1 of the Property Maintenance Code is amended to read as follows: 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code. (f) Section 602 of the International Property Maintenance Code is amended to read as follows: 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 °F (20 °C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the California Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly temperature is above 30 °F (-1'C), a minimum temperature of 65 °F (18 °C) shall be maintained. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply Ordinance No. NS -XXXX 11 A -27 Page 25 of 67 heat to maintain a temperature of not less than 68 OF (20 °C) in all habitable rooms, bathrooms, and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the California Plumbing Code. 2. In areas where the average monthly temperature is above 30 °F ( -1 °C) a minimum temperature of 65 °F (18 °C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65 OF (18 °C) during the period the spaces are occupied. (g) Section 604.1 of the Property Maintenance Code is amended to read as follows: 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605 of this Code. Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served by a three - wire, 120/240 volt, single -phase electrical service having a rating of not less than 60 amperes. SECTION 35: That section 8 -2800 is added to Chapter 8 of the Santa Ana Municipal code to read in full as follows: Sec. 8 -2800. Adoption by reference. There is adopted by the city that certain code known as the California Residential Code, 2013 Edition, based on the 2012 International Residential Code as published by the International Code Council, (hereinafter referred to in this article as the 'Residential Code" or "California Residential Code "), (together with subsequent supplements or amendments shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Ordinance No, NS -XXXX 11 A -28 Page 26 of 67 Safety Code Section 18942(d)(1) and are made available for public inspection. The Residential code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Residential code set forth in this chapter that specifically amends the Residential Code. The Residential code, as thus amended, together with all other provisions of this article, shall be known as the city Residential code. Appendices which are adopted pursuant to this section, are as follows: Appendix H, Patio Covers Appendix J, Existing Buildings and Structures SECTION 36: That section 8 -2810 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2810. Climatic and Geographic Design Criteria (Table R301.2(1)). Table R301.2(1) is revised to read: TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN CATEGORY SUBJECT TO DAMAGE FROM WINTER DESIGN TEMP' ICE BARRIER UNDERLAYMENT REQUIRED' FLOOD HAZARDS e AIR FREEZING INDEX' MEAN ANNUAL TEMP' Speetl ° mph Topographi effects Weathering° Frost line Depth° Termite` Zero 85 No DzorE Ne ligible 12 -24" Very Heavy 43 No See Exhiblte 0 60 For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m /s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe ") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. C. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. Ordinance No. NS -XXXX 11 A-29 Page 27 of 67 d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(A)].Wind exposure category shall be determined on a site - specific basis in accordance with Section R301.2.1.4. e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF -days) from Figure R403.3(2) or from the 100 -year (99 %) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 320)" at www.ncdc.noaa.gov/fpsf.htrnl. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index -USA Method (Base 32 °F)" at www.ncdc.noaa.gov/fpsf.htmi. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed -up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. SECTION 37: That section 8 -2811 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2811. Masonry stem walls (Section R403.1.3). Ordinance No, NS -XXXX 11 A -30 Page 28 of 67 Section R403.1.3 is amended to read as follows: In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted. Exception: In detached one- and two - family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted. SECTION 38: That section 8 -2812 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2812. Definitions (Section 202). Section 202 Definitions is hereby revised by adding "Hazardous Fire Area" as follows: HAZARDOUS FIRE AREA. Includes all areas identified within California Fire Code Section 4906.2 and other areas as determined by the Fire Code Official as presenting a fire hazard due to the presence of combustible vegetation, or the proximity of the property to an area that contains combustible vegetation. SECTION 39: That section 8 -2813 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2813. Building Planning (Chapter 3). (a) Section R309.6 Fire sprinkler attached garages, and carports with habitable space above is hereby amended by modifying the exception as follows: Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing carports and /or garages that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8. (b) Section R313.1 Townhouse automatic fire sprinkler systems is hereby amended by modifying the exception as follows: Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8. (c) Section R313.2 One- and two - family dwellings automatic fire sprinkler systems is hereby amended by modifying the exception as follows: Ordinance No. NS -XXXX 11 A-31 Page 29 of 67 Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic sprinkler system unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8. (d) Section R313.3.6.2.2 Calculation procedure is hereby revised as follows: Section R313.3.6.2.2 Calculation procedure. Determination of the required size for water distribution piping shall be in accordance with the following procedure and California Fire Code Section 903.3.5.3. (e) Section R319 Site Address is hereby revised as follows: R319 Site Address. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. SECTION 40: That section 8 -2814 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2814. Chimneys and Fireplaces (Chapter 10). Section R1001.13 Chimney spark arresters is hereby added as follows: R1001.13 Chimney spark arresters. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester. Chimneys serving outdoor appliances or fireplaces shall be equipped with a spark arrester. The spark arrester shall meet the requirements of Section 2113.9.2 of the California Building Code. SECTION 41: That section 8 -2815 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2815. Referenced Standards (Chapter 44). (a) NFPA 13, 2013 Edition, Installation of Sprinkler Systems is hereby amended as follows: Ordinance No. NS -XXXX 11 A-32 Page 30 of 67 (1) Section 6.8.3 is hereby amended as follows: 6.8.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2'/2' inlets. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2 %2' inlets shall be provided. (2) Section 8.3.3.1 is hereby amended as follows: 8.3.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick- response type shall be used. Use is considered undetermined if a specific tenant /occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following: 1. Quick- response type as defined in 3.6.4.7 2. Residential sprinklers in accordance with the requirements of 8.4.5 3. Standard - response sprinklers used for modifications or additions to existing light hazard systems equipped with standard - response sprinklers 4. Standard - response sprinklers used where individual standard - response sprinklers are replaced in existing light hazard systems (3) Section 8.17.1.1.1 is hereby added as follows: 8.17.1.1.1 Residential Waterflow Alarms. A local water -flow alarm shall be provided on all sprinkler systems and shall be connected to the building fire alarm or water -flow monitoring system, where provided. Group R occupancies not requiring a fire alarm system by the California Fire Code shall be provided with a minimum of one approved interior alarm device in each unit. Sound levels in all sleeping areas shall be minimum of 15 DBA above the average ambient sound or a minimum of 75 DBA with all intervening doors closed, whichever is greater. Alarms shall be audible within all other living areas within each dwelling unit. When not connected to a fire alarm or water -flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over - current protection) serving normally operated appliances in the residence. (4) Section 11.1.1.2 is hereby added as follows: 11.1.1.2 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire Ordinance No. NS -XXXX 11 A -33 Page 31 of 67 sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d) curve "G ". Use is considered undetermined if a specific tenant /occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy. (5) Section 11.2.3.1.1.1 is hereby added as follows: 11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official: 1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2) Use a maximum of 40 psi, if available; 3) Utilize the Orange County Fire Authority water -flow test form /directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California. (6) Section 23.2.1.1 is hereby revised as follows: Section 23.2.1.1 Where a waterflow test is used for the purposes of system design, the test shall be conducted no more than 6 months prior to working plan submittal unless otherwise approved by the authority having jurisdiction. (b) NFPA 13R 2013 Edition, Installation of Sprinkler System in Residential Occupancies up to and Including Four Stories in Height is hereby amended as follows: (1) Section 6.16.1 is hereby revised as follows: 6.16.1 A local water -flow alarms shall be provided on all sprinkler systems and shall be connected to the building fire alarm or water -flow monitoring system where provided. Group R occupancies containing less than the number of stories, dwelling units or occupant load specified in Section 907.2.8 of the 2010 California Fire Code as requiring a fire alarm system shall be provided with a minimum of one approved interior alarm device in each unit. Sound levels in all sleeping areas shall be a minimum of 15 dBA above the average ambient sound or a minimum of 75 dBA with all intervening doors closed, whichever is greater. Alarms shall be audible within all other living areas within each dwelling unit. When not connected to a fire alarm or water -flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over - current protection) serving normally operated appliances in the residence. Ordinance No. NS -XXXX 11 A -34 Page 32 of 67 There shall also be a minimum of one exterior alarm indicating device, listed for outside service and audible from the access roadway that serves that building. (c) NFPA 13D 2013 Edition, Standard for the Installation of Sprinkler Systems in One- and Two - Family Dwellings and Manufactured Homes is hereby amended as follows: (1) Section 4.1.3 is hereby added as follows: 4.1.3 Stock of Spare Sprinklers (2) Section 4.1.3.1 is hereby added as follows: 4.1.3.1. A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced. (3) Section 4.1.5.2 is hereby added as follows: 4.1.3.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property. (4) Section 4.1.3.3 is hereby added as follows: 4.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 OF (38 0C). (5) Section 4.1.3.4 is hereby added as follows: 4.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed. (6) Section 7.1.2 is hereby revised as follows: 7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, or remote station alarm service (7) Section 7.6 is hereby deleted in its entirety and replaced as follows: 7.6 Alarms. Exterior alarm indicating device shall be listed for outside service and audible from the street from which the house is addressed. Exterior audible devices shall be placed on the front or side of the structure and the location is subject to final approval by the fire code official. Additional interior alarm devices shall be required to provide 55 dBA or 15 dBA above ambient, whichever is greater. Sound levels in all sleeping areas with all intervening doors closed shall Ordinance No. NS -XXXX 11 A-35 Page 33 of 67 be a minimum of 15 dBA above the average ambient sound level but not less than 75 dBA, whichever is greater. Audible devices shall be powered from an uninterruptible circuit (except for over - current protection) serving normally operated appliances in the residence. Exception: 1. When an approved water flow monitoring system is installed, interior audible devices may be powered through the fire alarm control panel. 2. When smoke detectors specified under CBC Section 907.2.11 are used to sound an alarm upon waterflow switch activation. SECTION 42: That section 8 -2816 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2816. Vehicular Gates (Appendix O). SECTION A0103.3 Vehicular gates or other barriers across required fire apparatus access roads is added as follows: A0103.3 Vehicular gates or other barriers across required fire apparatus access roads. The installation of gates or other barriers across a required fire apparatus access road shall comply with the requirements set forth in the 2013 California Fire Code Section 503.6. SECTION 43: That section 8 -2900 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: ARTICLE XV. GREEN BUILDING STANDARDS CODE Sec. 8 -2900. Adoption by reference. There is adopted by the city that certain code known as the California Green Building Standards Code, 2013 Edition, as published by the International Code Council, (hereinafter referred to in this article as the "California Green Building Standards Code "), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Green Building Standards code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Green Building Standards code, as thus amended, together with all other provisions of this article, shall be known as the city Green Building Standards code. Ordinance No. NS -XXXX 11 A-36 Page 34 of 67 SECTION 44: That section 14 -1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -1. Adoption by reference, There is adopted by the city that certain code known as the California Fire Code 2013 Edition, based on the 2012 International Fire Code as published by the International Code Council, (hereinafter referred to in this article as the "California Fire Code" or "fire code ") and the whole thereof including the Appendices therein, errata issued during and after the publishing date, save and except such portions as are hereinafter deleted or amended, of which code not less than one (1) copy has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The said code is adopted and incorporated as fully as if set forth at length herein and, subject to all amendments set forth in this article, shall be in effect within the city from the effective date of this article. Any provision of this article amending the above mentioned codes shall be construed as amending the 2012 and 2013 editions thereof including such provisions enacted prior to this adoption of the said 2012 and 2013 editions and not thereafter repealed. The said International Fire Code, 2012 edition and the California Fire Code 2013 edition, as thus amended, together with all other provisions of this article, shall be known as the "Fire Code of the City of Santa Ana." SECTION 45: That section 14 -3.1 is added to Chapter 8 of the Santa Ana Municipal code to read in full as follows: (a) Section 109.4 Violation penalties is hereby revised as follows: Infraction, Misdemeanor, as follows: 109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of either a misdemeanor, infraction or both as prescribed in Section 109.4.2 and 109.4.3. Penalties shall be as prescribed in local ordinance. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (b) Sections 109.4.2 Infraction is hereby added as follows: 109.4.2 Infraction. Except as provided in Section 109.4.3, persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. (c) Sections 109.4.3 Misdemeanor is herby added as follows: Ordinance No. NS -XXXX 11 A-37 Page 35 of 67 109.4.3 Misdemeanor. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative, or who violate the following sections of this code, shall be guilty of a misdemeanor: 104.11.2 Obstructing operations 104.11.3 Systems and Devices 107.5 Overcrowding 109.3.2 Compliance with Orders and Notices 111.4 Failure to comply 305.4 Deliberate or negligent burning 308.1.2 Throwing or placing sources of ignition 310.7 Burning Objects 3104.7 Open or exposed flames SECTION 46: That section 14 -17 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -17. Appointment (Section 103.2). Section 103.2 is hereby deleted without replacement. SECTION 47: That section 14 -21 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -21. Definitions (Section 202). Sections 202 General Definitions is hereby revised by adding "Approach- Departure Path," "Emergency Helicopter Landing Facility (EHLF)," "Flow - line," "Hazardous Fire Area," "Safety Area," and `Takeoff and Landing Area" and revising "High -Rise Building" as follows: 202 General Definitions APPROACH - DEPARTURE PATH. The flight path of the helicopter as it approaches or departs from the landing pad. EMERGENCY HELICOPTER LANDING FACILITY (EHLF). A landing area on the roof of a high rise building that is not intended to function as a heliport or helistop but is capable of accommodating fire, police, or medical helicopters engaged in emergency operations. FLOW -LINE. The lowest continuous elevation on a curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb. HAZARDOUS FIRE AREA. Includes all areas identified within Section 4906.2 and other areas as determined by the Fire Code Official as presenting a fire Ordinance No. NS -XXXX 11 A -38 Page 36 of 67 hazard due to the presence of combustible vegetation, or the proximity of the property to an area that contains combustible vegetation. HIGH -RISE BUILDING. In other than Group 1 -2 occupancies, "high -rise buildings" as used in this Code: Existing high -rise structure. A high -rise structure, the construction of which is commenced or completed prior to July 1, 1974. High -rise structure. Every building of any type of construction or occupancy having floors used for human occupancy located more than 75 55 feet above the lowest floor level having building access ' 103 except buildings used as hospitals as defined in Health and Safety Code Section 1250. New high -rise building. A high -rise structure, the construction of which is commenced on or after July 1, 1974. For the purpose of this section, construction shall be deemed to have commenced when plans and specifications are more than 50 percent complete and have been presented to the local jurisdiction prior to July 1, 1974. Unless all provisions of this section have been met, the construction of such buildings shall commence on or before January 1, 1976. New high -rise structure. means a high -rise structure, the construction of which commenced on or after July 1, 1974. SAFETY AREA. A defined area surrounding the landing pad that is free of obstructions. TAKEOFF AND LANDING AREA. The combination of the landing pad centered within the surrounding safety area. SECTION 48: That section 14 -22 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -22. General Requirements (Chapter 3). (a) Section 304.1.2 (7) Vegetation is hereby amended as follows: Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban - wildland interface areas shall be in accordance with Chapter 49 and OCFA vegetation management guidelines. (b) Section 305.5 Chimney spark arresters is hereby added as follows: Ordinance No, NS -XXXX 11 A -39 Page 37 of 67 305.5 Chimney spark arresters. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester. Chimneys serving outdoor appliances or fireplaces shall be equipped with a spark arrester. The spark arrester shall meet the requirements of Section 2113.9.2 of the California Building Code. (c) Section 305.6 Outdoor fires is hereby added as follows: 305.6 Outdoor fires. Outdoor fires shall be in accordance with Sections 305, 307, and 308 and with other applicable sections of this code. 305.6.1 Where prohibited. Outdoor fires shall not be built, ignited or maintained in fuel modification areas, Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or Special Fire Protection Areas (SFPA) or other locations where conditions could cause the spread of fire to the WRA, SFPA or FHSZ, except by permit from the fire code official. Exception: A permit is not required for the following: 1. Fires in approved outdoor or portable fireplaces, fire pits, fire rings and similar devices at Group R occupancies that are installed and used in accordance with this code. 2. Outdoor fires at inhabited premises or official organized campsites or parks when located in a permanent or portable barbeque or grill, incinerator, or outdoor fireplace located at least 30 feet from combustible vegetation. 3. Installations or uses approved by the fire code official. 305.6.1.1 Fuel Modification Areas. Outdoor fires using wood or other solid fuel shall not be built, ignited or maintained in a fuel modification area. 305.6.1.2 Supervision. Where a permit is issued or when allowed under the exceptions to Section 305.6.1, such fires shall be supervised by a person 18 years of age or older. 305.6.2 Hazardous conditions. Outdoor fires are not allowed when predicted sustained winds exceed 8 MPH during periods when relative humidity is less than 25 %, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official. 305.6.3 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1. Ordinance No. NS -XXXX 11 A -40 Page 38 of 67 (d) SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE RINGS, AND OUTDOOR FIREPLACES is hereby amended as follows: 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R shall comply with this section. Exception: Barbeques, grills, and other portable devices intended for cooking 307.6.1 Gas - fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied - petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R -3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester in accordance with Section 305.5. 307.6.2 Devices using wood or fuels other than natural gas or liquefied - petroleum gas. Fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code and Section 305.5. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be managed per Section 307.5. 307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) and Special Fire Protection Areas (SFPA) or in locations where conditions could cause the spread of fire to the WRA or FHSZ, unless determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. (e) Section 319 Development on or Near Land Containing or Emitting Toxic, A Ordinance No. NS -XXXX 11 A -41 Page 39 of 67 Combustible or Flammable Liquids, Gases or Vapors, is hereby added as follows: 319 Development On Or Near Land Containing Or Emitting Toxic, Combustible or Flammable Liquids, Gases or Vapors. The fire code official may require the submittal for approval of geological studies, evaluations, reports, remedial recommendations and /or similar documentation from a state - licensed and department- approved individual or firm, on any parcel of land to be developed which has, or is adjacent to, or within 1,000 feet (304.8 m) of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage, or may contain or give off toxic, combustible or flammable liquids, gases or vapors. (f) Section 320 Fuel Modification Requirements for New Construction is hereby added as follows: 320 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in areas with or adjacent to land having hazardous combustible vegetation shall comply with the requirements in the edition of OCFA Vegetation Management Guidelines currently in use at the time of plan submittal. (g) Section 321 Clearance of brush or vegetation growth from roadways is hereby added as follows: 321 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow -line or the end of the improved edge of the roadway surfaces. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. (h) Section 322 Unusual Circumstances is hereby added as follows: 322 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist: 1. Difficult terrain. 2. Danger of erosion. 3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county- approved list of wildlife, plants, rare, endangered and /or threatened species. 4. Stands or groves of trees or heritage trees. Ordinance No. NS -XXXX 11 A-42 Page 40 of 67 5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical. (i) Section 323 Use of Equipment is hereby added as follows: 323 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 323.1 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire. Exception: 1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. 2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition Q) Section 323.1 Spark Arresters is hereby added as follows: 323.1 Spark arresters. Spark arresters shall comply with the following: 1. A spark arrester is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service. 2. Spark arresters affixed to the exhaust system of engines or vehicles subject to Section 322 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. (k) Section 324 Restricted Entry is hereby added as follows: 324 Restricted entry. The fire code official shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of hazardous fire areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited. Ordinance No. NS -XXXX 11 A -43 Page 41 of 67 Exception: 1. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or being upon their lands. 2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service. (1) Section 325 Trespassing on posted property is hereby added as follows: 325 Trespassing on posted property. When the fire code official determines that a specific area within a hazardous fire area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided. 1. Signs. Approved signs prohibiting entry by unauthorized persons and referring to applicable fire code chapters shall be placed on every closed area. 2. Trespassing. Entering and remaining within areas closed and posted is prohibited. Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty. (m) Section 326 Sky Lanterns or similar devices is hereby added as follows: 326 Sky Lanterns or similar devices. Possession or use of a sky lantern or similar device employing a candle, flame or other potential ignition source shall be prohibited. Exception: Upon approval of the fire code official, sky lanterns may be used as necessary for religious or cultural ceremonies providing that adequate safeguards have been taken as approved by the fire code official. Sky Lanterns must be tethered in a safe manner to prevent them from leaving the area and must be constantly attended until extinguished. SECTION 49: That section 14 -23 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -23. Emergency Planning and Preparedness (Chapter 4). Ordinance No. NS -XXXX 11 A -44 Page 42 of 67 Chapter 4: Emergency Planning and Preparedness. Adopt only the Sections listed below: 1. 401 2. 401.3.4 3. 401.9 4. 402 5. 403 6. 404.6 — 404.7.6 7. 407 8. 408.3.1 — 408.3.2 9. 408.12 — 408.12.'' SECTION 50: That section 14 -24 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -24. Fire Service Features (Chapter 5). (a) SECTION 503.2.1 Dimensions is revised as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). Street widths are to be measured from top face of curb to top face of curb, on streets with curb and gutter, and from flow -line to flow -line on streets with rolled curbs. (b) SECTION 503.2.1.1 Hazardous Fire Area is added as follows: 503.2.1.1 Hazardous Fire Areas. In Hazardous Fire Areas the minimum fire apparatus road width shall be 28 feet (8530 mm). The width shall be maintained to an approved point outside of the Hazardous Fire Area. Exception: When the road serves no more than three dwelling units and the road does not exceed 150 feet in length, the road width may be 24 feet (7300 mm). This length may be increased to 400 feet where serving no more than three dwelling units and all structures accessed from the roadway are protected by automatic fire sprinklers. (c) Section 505.1 Address Identification is revised as follows: 505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved Ordinance No. NS -XXXX 11 A-45 Page 43 of 67 locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm) for R -3 occupancies, for all other occupancies the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. (d) Section 510.1 Emergency responder radio coverage is revised as follows: 510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency responder radio coverage system shall comply with one of the following: 1. An emergency radio system installed in accordance with the local authority having jurisdiction's ordinance. 2. An emergency radio coverage system installed in accordance with Orange County Fire Authority's Emergency Responder Digital Radio Guideline Exceptions: 1. Where it is determined by the fire code official that the radio coverage system is not needed. 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment could have a negative impact on normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system. (e) Sections 510.2; 510.3; 510.4; 510.5; 510.6 are hereby deleted without replacement. SECTION 51: That section 14 -25 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 14 -25. Reserved. SECTION 52: That section 14 -26 of the Santa Ana Municipal Code is hereby deleted in its entirety: Ordinance No. NS -XXXX 11 A -46 Page 44 of 67 Sec. 14 -26. Reserved. SECTION 53: That section 14 -27 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 14 -27. Reserved. SECTION 54: That section 14 -28 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 14 -28. Reserved. SECTION 55: That section 14 -29 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -29. Building Services and Systems (Chapter 6). (a) Section 608.1 Scope is hereby amended as follows: 608.1 Scope. Stationary storage battery systems having an electrolyte capacity of more than 50 gallons (189 L) for flooded lead acid, nickel cadmium (Ni -Cd) and valve - regulated lead acid (VRLA), or 1,000 pounds (454 kg) for lithium -ion and lithium metal polymer, used for facility standby power, emergency power or uninterruptible power supplies shall comply with this section and Table 608.1. Indoor charging systems for electric carts /cars with more than 50 gallons (189 L) aggregate quantity shall comply with Section 608.10. (b) Section 608.10 Indoor charging of electric carts /cars is hereby added as follows: 608.10 Indoor charging of electric carts /cars. Indoor charging of electric carts /cars where the combined volume of all battery electrolyte exceeds 50 gallons shall comply with following: 1. Spill control and neutralization shall be provided and comply with Section 608.5. 2. Room ventilation shall be provided and comply with Section 608.6.1 3. Signage shall be provided and comply with Section 608.7.1 4. Smoke detection shall be provided and comply with Section 907.2 SECTION 56: That section 14 -30 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -30. Fire Protection Systems (Chapter 9). (a) Section 903.2 Where required is hereby amended as follows: Ordinance No. NS -XXXX 11 A-47 Page 45 of 67 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists: 1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire - extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet (465 mZ) as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height. 2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists: a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet (465 mZ) as defined in Section 202; or b. When an addition exceeds 2000 square feet (186 mz) and the resulting building area exceeds 5000 square feet (465 m2) as defined in Section 202; or c. An additional story is added above the second floor regardless of fire areas or allowable area. Exception: Group R -3 occupancies shall comply with Section 903.2.8. (b) Section 903.2.8 Group R is hereby revised as follows: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows: 1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings. (c) Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows: 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3 Ordinance No. NS -XXXX 11 A -48 Page 46 of 67 TABLE 903.3.5.3 Hydraulically Calculated Systems 100 110 120 130 140 150 Psi (d) Section 903.4 Sprinkler system supervision and alarms is hereby revised by deleting item 3 and 5, and renumbering the Exceptions as follows: 1. Automatic sprinkler systems protecting one- and two - family dwellings. 2. Limited area systems serving fewer than 20 sprinklers. 3. Jockey pump control valves that are sealed or locked in the open position. 4. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 5. Trim valves to pressure switches in dry, preaction and deluge sprinkler systems that are sealed or locked in the open position. (e) Section 905.4 Location of Class I standpipe hose connections is hereby amended by adding item 7 as follows: 7. The centerline of the 2.5 inch (63.5 mm) outlet shall be no less than 18 inches (457.2 mm) and no more than 24 inches above the finished floor. (f) Section 907.2.13 High -rise buildings is hereby revised as follows: 907.2.13 High -rise buildings and Group 1 -2 occupancies having occupied floors located more than 55 feet above the lowest level of fire department vehicle access. High -rise buildings and Group 1 -2 occupancies having occupied floors located more than 55 feet above the lowest level of fire department vehicle access shall be provided with an automatic smoke detection system in accordance with Section 907.2.13.1, a fire department communication system in Ordinance No. NS -XXXX 11 A-49 Page 47 of 67 accordance with Section 907.2.13.2 and an emergency voice /alarm communication system in accordance with Section 907.6.2.2. Exceptions: 1. Airport traffic control towers in accordance with Section 907.2.22 and Section 412 of the California Building Code. 2. Open parking garages in accordance with Section 406.5 of the California Building Code. 3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1 of the California Building Code. 4. Low- hazard special occupancies in accordance with Section 503.1.1 of the California Building Code. 5. In Group 1 -2 and R -2.1 occupancies, the alarm shall sound at a constantly attended location and occupant notification shall be broadcast by the emergency voice /alarm communication system (g) Section 907.3.1 Duct smoke detectors is hereby amended as follows: 907.3.1 Duct smoke detectors. Smoke detectors installed in ducts shall be listed for the air velocity, temperature and humidity present in the duct. Duct smoke detectors shall be connected to the building's fire alarm control unit when a fire alarm system is installed. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location and shall perform the intended fire safety function in accordance with this code and the California Mechanical Code. Duct smoke detectors shall not be used as a substitute for required open area detection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble. (h) Section 907.5.2.2 Emergency voice /alarm communication systems is revised as follows. 907.5.2.2 Emergency voice /alarm communication systems. Emergency voice /alarm communication systems required by this code shall be designed and installed in accordance with NFPA 72. The operation of any automatic fire detector, sprinkler waterflow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information Ordinance No. NS -XXXX 11 A -50 Page 48 of 67 and directions for a general or staged evacuation in accordance with the building's fire safety and evacuation plans required by Section 404. In high -rise buildings and Group 1 -2 occupancies having occupied floors located more than 55 feet above the lowest level of fire department vehicle access, the system shall operate on a minimum of the alarming floor, the floor above and the floor below. Speakers shall be provided throughout the building by paging zones. At a minimum, paging zones shall be provided as follows: 1. Elevator groups. 2. Exit stairways. 3. Each floor. 4. Areas of refuge as defined in Chapter 2. 5. Dwelling units in apartment houses. 6. Hotel guest rooms or suites. Exception: In Group 1 -1 and R-2.1 occupancies, the alarm shall sound in a constantly attended area and a general occupant notification shall be broadcast over the overhead page. (1) Section 907.6.3.2 High -rise buildings is revised as follows. 907.6.3.2 High -rise buildings. High -rise buildings and Group 1 -2 occupancies having occupied floors located more than �5 55 feet above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm- initiating devices where provided: 1. Smoke detectors. 2. Sprinkler water -flow devices. 3. Manual fire alarm boxes 4. Other approved types of automatic detection devices or suppression systems. Q) Section 907.6.5 Monitoring is revised as follows 907.6.5 Monitoring. Fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved supervising station in accordance with NFPA 72, this section, and per Orange County Fire Authority Guideline "New and Existing Fire Alarm & Signaling Systems." Ordinance No. NS -XXXX 11 A -51 Page 49 of 67 entirety: SECTION 57: That section 14 -31 of the Santa Ana Municipal Code is hereby deleted in its Sec. 14 -28. Reserved. SECTION 58: That section 14 -32 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -32. Construction Requirements for Existing Buildings (Chapter 11). Chapter 11 Construction Requirements for Existing Buildings. Adopt only those Sections and Subsections listed below: 1103.7 1103.7.3 1103.7.3.1 1103.7.8 — 1103.7.8.2 1103.7.9 — 1103.7.9.10 1103.8 — 1103.8.5.3 1106 SECTION 59: That section 14 -33 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -33. Aviation Facilities (Chapter 20). Section 2008 Emergency Helicopter Landing Facility (EHLF) and its subsections are hereby added as follows. SECTION 2008 Emergency Helicopter Landing Facility (EHLF) 2008.1 General. Every building of any type of construction or occupancy having floors used for human occupancy located more than 75 ft above the lowest level of fire department vehicle access shall have a rooftop emergency helicopter landing facility (EHLF) in a location approved by the fire code official for use by fire, police, and emergency medical helicopters only. 2008.1.1 Rooftop Landing Pad. The landing pad shall be 50 ft. x 50 ft. or a 50 ft. diameter circle that is pitched or sloped to provide drainage away from access points and passenger holding areas at a slope of 0.5 percent to 2 percent. The landing pad surface shall be constructed of approved non - combustible, nonporous materials. It shall be capable of supporting a helicopter with a maximum gross weight of 15,000 lbs. For structural design requirements, see California Building Code. Ordinance No. NS -XXXX 11 A -52 Page 50 of 67 2008.1.2 Approach - Departure Path. The emergency helicopter landing facility shall have two approach - departure paths separated from each other by at least 90 degrees. No objects shall penetrate above the approach - departure paths. The approach - departure path begins at the edge of the landing pad, with the same width or diameter as the landing pad and rises outward and upward at a ratio of eight feet horizontal distance for every one foot of vertical height. 2008.1.3 Safety Area. The safety area is a horizontal plane level with the landing pad surface and shall extend 25 ft in all directions from the edge of the landing pad. No objects shall penetrate above the plane of the safety area. 2008.1.4 Safety Net. If the rooftop landing pad is elevated more than 30 in. (2'- 6") above the adjoining surfaces, a 6 ft in wide horizontal safety net capable of supporting 25 Ibs /sf shall be provided around the perimeter of the landing pad. The inner edge of the safety net attached to the landing pad shall be slightly dropped (greater than 5 in. but less than 18 in.) below the pad elevation. The safety net shall slope upward but the outer safety net edge shall not be above the elevation of the landing pad. 2008.1.5 Take -off and Landing Area. The takeoff and landing area shall be free of obstructions and 100 ft x 100 ft. or 100 ft. diameter. 2008.1.6 Wind Indicating Device. An approved wind indicating device shall be provided but shall not extend into the safety area or the approach - departure paths. 2008.1.7 Special Markings. The emergency helicopter landing facility shall be marked as indicated in Figure 2008.1.7. 2008.1.8 EHLF Exits. Two stairway exits shall be provided from the landing platform area to the roof surface. For landing areas less than 2,501 square feet in area, the second exit may be a fire escape or ladder leading to the roof surface below. The stairway from the landing facility platform to the floor below shall comply with CFC 1009.7.2 for riser height and tread depth. Handrails shall be provided, but shall not extend above the platform surface. 2008.1.9 Standpipe systems. The standpipe system shall be extended to the roof level on which the EHLF is located. All portions of the EHLF area shall be within 150 feet of a 2.5 -inch outlet on a Class I or III standpipe. 2008.1.10 Fire extinguishers. A minimum of one portable fire extinguisher having a minimum 80 -6:C rating shall be provided and located near the stairway or ramp to the landing pad. The fire extinguisher cabinets shall not penetrate the approach - departure paths, or the safety area. Installation, inspection, and maintenance of extinguishers shall be in accordance with the CFC, Section 906. Ordinance No. NS -XXXX 11 A -53 Page 51 of 67 2008.1.11 EHLF. Fueling, maintenance, repairs, or storage of helicopters is prohibited. Figure 2008.1.2 Helicopter Landing Pad Markings 20' Inside Diameter 2' Line . Width Red in Color i 1P5 Address Numbers: 5'HV 1' Line Wi Vi dth 12345 Black in Color Numbers: 10'High 2' Line Width Red in Color Touchdown Pad Boundal Vin Width Red in Colol 507 50' 1. The preferred background iswhite or tan. 2. The circled center number indicates the allowable weightthat the facility is capable of supporting in thousands Of Pounds. 3. The numbers shall be orientated towards the preferred flight (typically facing the prevailingwind SECTION 60: That section 14 -34 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -34. Lumber Yards and Woodworking Facilities (Chapter 28). (a) Section 2801.2 Permit is hereby amended by adding the following statement to the last sentence: Ordinance No. NS -XXXX 11 A -54 Page 52 of 67 2801.2 Permit. Permits shall be required as set forth in Section 105.6. For Miscellaneous Combustible Storage Permit, see Section 105.6.29. (b) Section 2808.2 Storage site is hereby amended as follows: 2808.2 Storage site. Storage sites shall be level and on solid ground or other all - weather surface. Sites shall be thoroughly cleaned and approval from the fire code official obtained before transferring products to the site. (c) Section 2808.3 Size of piles is hereby amended as follows: 2808.3 Size of piles. Piles shall not exceed 15 feet (4572 mm) in height, 50 feet (15 240 mm) in width and 100 feet (30 480 mm) in length. (d) Section 2808.7 Pile fire protection is hereby amended by adding the following statement to the last sentence: 2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning /smoldering areas. (e) Section 2808.9 Material - handling equipment, is hereby amended by adding the following sentence at the beginning of the section: 2808.9 Material - handling equipment. All material handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material - handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire - fighting operations. (f) Section 2808.11 Temperature control, is hereby added as follows: 2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2. (g) Section 2808.11.1 Pile temperature control, is hereby added as follows: 2808.11.1 Pile temperature control. Piles shall be rotated when the internal temperature readings are in excess of 165 degrees Fahrenheit. (h) Section 2808.11.2 New material temperature control, is hereby added as follows: Ordinance No. NS -XXXX 11 A-55 Page 53 of 67 2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall be monitored to verify that the temperature remains stable. SECTION 61: That section 14 -35 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -35. Requirements for Wildland -Urban Interface Fire Areas (Chapter 49). (a) Section 4906.3 Vegetation is hereby revised by adding Section "(5)" as follows: (5) OCFA Vegetation Management Guidelines. (b) Section 4908 Fuel Modification Requirements for New Construction is hereby added as follows: 4908 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in hazardous fire areas shall comply with the following: 1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for approval of any tentative map. 2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit. 2.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification for perpetuity. 3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of the Orange County Fire Authority Vegetation Management Guidelines. 4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official. 5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code. SECTION 62: That section 14 -36 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Ordinance No. NS -XXXX 11 A-56 Page 54 of 67 Sec. 14 -36. Hazardous Materials — General Provisions (Chapter 50). (a) Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby amended by modifying the starting paragraph as follows: 5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include Orange County Fire Authority's Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and /or the storage, use or handling of chemicals on the premises. The Chemical Classification Packet shall include the following information: 1. Product Name 2. Component 3. Chemical Abstract Service (CAS) number 4. Location where stored or used. 5. Container size 6. Hazard classification 7. Amount in storage 8. Amount in use - closed systems 9. Amount in use -open systems. (b) Table 5003.1.1(1) Maximum Allowable Quantity per Control Area of Hazardous Materials Posing a Physical Hazard is hereby amended by deleting Footnote K without replacement as follows: .. (c) Section 5003.1.1.1 Extremely Hazardous Substances is hereby added as follows: 5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property. (d) Section 5003.5 Hazard identification signs is hereby amended by modifying the NFPA standard as follows: 5003.5 Hazard identification signs. Unless otherwise exempted by the fire code official, visible hazard identification signs as specified in the Orange County Fire Authority Signage Guidelines for the specific material contained shall be placed on stationary containers and above - ground tanks and at entrances to locations where hazardous materials are stored, dispensed, used or handled in Ordinance No. NS -XXXX 11 A -57 Page 55 of 67 quantities requiring a permit and at specific entrances and locations designated by the fire code official. SECTION 63: That section 14 -37 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -37. Cryogenic Fluids (Chapter 55). Section 5503.4.1 Identification signs is hereby revised as follows: 5503.4.1 Identification signs. Visible hazard identification signs in accordance with the Orange County Fire Authority Signage Guidelines shall be provided at entrances to buildings or areas in which cryogenic fluids are stored, handled or used. SECTION 64: That section 14 -38 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -38. Explosives and Fireworks (Chapter 56). (a) Section 5601.2 Retail Fireworks is hereby added as follows: 5601.2 Retail Fireworks. The storage, use, sale, possession, and handling of fireworks 1 AG (commonly referred to as Safe & Sane) and fireworks 1.3G is prohibited. Exception — Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator (b) Section 5601.3 Seizure of Fireworks is hereby added as follows: 5601.3 Seizure of Fireworks. The fire code official shall have the authority to seize, take, remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 CCR, Chapter 6. Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law. (c) Section 5602 Explosives and blasting is hereby added as follows: 5602 Explosives and blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within wildland -urban interface areas, or hazardous fire areas except by permit from the fire code official. (d) Section 5608.1 General is hereby amended as follows: Ordinance No. NS -XXXX 11 A -58 Page 56 of 67 5608.1 GENERAL. Outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks, the Orange County Fire Authority Guidelines for Public Fireworks Displays, and with the conditions of the permit as approved by the fire code official. (e) Section 5608.2 Firing is hereby added as follows: 5608.2 Firing. All fireworks displays shall be electrically fired. SECTION 65: That section 14 -39 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -39. Flammable and Combustible Liquids (Chapter 57). Section 5704.2.3.2 Label or placard is hereby amended by modifying the NFPA standard as follows: 5704.2.3.2 Label or placard. Tanks more than 100 gallons (379 L) in capacity, which are permanently installed or mounted and used for the storage of Class I, II or III liquids, shall bear a label and placard identifying the material therein. Placards shall be in accordance with the Orange County Fire Authority Signage Guidelines. SECTION 66: That section 14 -40 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -40. Highly Toxic and Toxic Materials (Chapter 60). Section 6004.2.2.7 Treatment system is hereby amended by modifying the exceptions as follows: Exception: 1. Toxic gases — storage /use. Treatment systems are not required for toxic gases supplied by cylinders or portable tanks not exceeding 1,700 pounds (772 kg) water capacity when the following are provided: 1.1 A listed or approved gas detection system with a sensing interval not exceeding 5 minutes. 1.2. For storage, valve outlets are equipped with gas -tight outlet plugs or caps. Ordinance No. NS -XXXX 11 A-59 Page 57 of 67 1.3. For use, a listed and approved automatic - closing fail -safe valve located immediately adjacent to cylinder valves. The fail -safe valve shall close when gas is detected at the permissible exposure limit (PEL) by a gas detection system monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room. The gas detection system shall comply with Section 6004.2.2.10. SECTION 67: That section 14 -41 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -41. Referenced Standards (Chapter 80). (a) NFPA 13, 2013 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows: (1) Section 6.8.3 is hereby amended as follows: 6.8.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2'/2' inlets. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2'/2' inlets shall be provided. (2) Section 8.3.3.1 is hereby amended as follows: 8.3.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick- response type shall be used. Use is considered undetermined if a specific tenant /occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following: 5. Quick- response type as defined in 3.6.4.7 6. Residential sprinklers in accordance with the requirements of 8.4.5 7. Standard - response sprinklers used for modifications or additions to existing light hazard systems equipped with standard - response sprinklers 8. Standard - response sprinklers used where individual standard - response sprinklers are replaced in existing light hazard systems (3) Section 8.17.1.1.1 is hereby added as follows: Ordinance No. NS -XXXX 11 A -60 Page 58 of 67 8.17.1.1.1 Residential Waterflow Alarms. A local water -flow alarm shall be provided on all sprinkler systems and shall be connected to the building fire alarm or water -flow monitoring system, where provided. Group R occupancies not requiring a fire alarm system by the California Fire Code shall be provided with a minimum of one approved interior alarm device in each unit. Sound levels in all sleeping areas shall be minimum of 15 DBA above the average ambient sound or a minimum of 75 DBA with all intervening doors closed, whichever is greater. Alarms shall be audible within all other living areas within each dwelling unit. When not connected to a fire alarm or water -flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over - current protection) serving normally operated appliances in the residence. (4) Section 11.1.1.2 is hereby added as follows: 11.1.1.2 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d) curve "G ". Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy. (5) Section 11.2.3.1.1.1 is hereby added as follows: 11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official: 1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2) Use a maximum of 40 psi, if available; 3) Utilize the Orange County Fire Authority water -flow test form /directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California. (6) Section 23.2.1.1 is hereby revised as follows: Section 23.2.1.1 Where a waterflow test is used for the purposes of system design, the test shall be conducted no more than 6 months prior to working plan submittal unless otherwise approved by the authority having jurisdiction. (b) NFPA 13R 2013 Edition, Installation of Sprinkler System in Residential Occupancies up to and Including Four Stories in Height is hereby amended as follows: Ordinance No. NS -XXXX 11 A-61 Page 59 of 67 (1) Section 6.16.1 is hereby revised as follows: 6.16.1 A local water -flow alarms shall be provided on all sprinkler systems and shall be connected to the building fire alarm or water -flow monitoring system where provided. Group R occupancies containing less than the number of stories, dwelling units or occupant load specified in Section 907.2.8 of the 2010 California Fire Code as requiring a fire alarm system shall be provided with a minimum of one approved interior alarm device in each unit. Sound levels in all sleeping areas shall be a minimum of 15 dBA above the average ambient sound or a minimum of 75 dBA with all intervening doors closed, whichever is greater. Alarms shall be audible within all other living areas within each dwelling unit. When not connected to a fire alarm or water -flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over - current protection) serving normally operated appliances in the residence. There shall also be a minimum of one exterior alarm indicating device, listed for outside service and audible from the access roadway that serves that building. (c) NFPA 13D 2013 Edition, Standard for the Installation of Sprinkler Systems in One- and Two - Family Dwellings and Manufactured Homes is hereby amended as follows: (1) Section 4.1.3 is hereby added as follows: 4.1.3 Stock of Spare Sprinklers (2) Section 4.1.3.1 is hereby added as follows: 4.1.3.1. A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced. (3) Section 4.1.5.2 is hereby added as follows: 4.1.3.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property. (4) Section 4.1.3.3 is hereby added as follows: 4.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 OF (38 0C). (5) Section 4.1.3.4 is hereby added as follows: Ordinance No. NS -XXXX 11 A -62 Page 60 of 67 4.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed. (6) Section 7.1.2 is hereby revised as follows: 7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service. (7) Section 7.6 is hereby deleted in its entirety and replaced as follows: 7.6 Alarms. Exterior alarm indicating device shall be listed for outside service and audible from the street from which the house is addressed. Exterior audible devices shall be placed on the front or side of the structure and the location is subject to final approval by the fire code official. Additional interior alarm devices shall be required to provide 55 dBA or 15 dBA above ambient, whichever is greater. Sound levels in all sleeping areas with all intervening doors closed shall be a minimum of 15 dBA above the average ambient sound level but not less than 75 dBA, whichever is greater. Audible devices shall be powered from an uninterruptible circuit (except for over - current protection) serving normally operated appliances in the residence. Exception: 1. When an approved water flow monitoring system is installed, interior audible devices may be powered through the fire alarm control panel. 2. When smoke detectors specified under CBC Section 907.2.11 are used to sound an alarm upon waterflow switch activation. (d) NFPA 14, 2013 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows: (1) Section 7.3.1.1 is hereby is deleted in its entirety and replaced as follows: 7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor. (e) NFPA 24, 2013 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows: (1) Section 6.2.1.1 is hereby added as follows: Ordinance No. NS -XXXX 11 A -63 Page 61 of 67 6.2.1.1 The closest upstream indicating valve to the riser shall be painted OSHA red. (2) Section 6.2.11 (5) is hereby deleted without replacement and (6) and (7) renumbered: (5) Control Valves installed in a fire -rated room accessible from the exterior. (6) Control valves in a fire -rated stair enclosure accessible from the exterior as permitted by the authority having jurisdiction. (3) Section 6.3.3 is herby added as follows: Section 6.3.3 All post indicator valves controlling fire suppression water supplies shall be painted OSHA red. (4) Section 10.1.6.3 is hereby added as follows: 10.1.6.3 All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8 -mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section. Exception: 304 or 316 Stainless Steel pipe and fittings (5) Section 10.3.6.2 is hereby revised as follows: 10.3.6.2 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion - retarding material, prior to poly -tube, and after installation. Exception: Bolted joint accessories made from 304 or 316 stainless steel. (6) Section 10.3.6.3 is hereby added as follows: 10.3.5.3 All bolts used in pipe -joint assembly shall be 316 stainless steel. (7) Section 10.6.3.1 is hereby deleted and replaced as follows: 10.6.3.1 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2. (8) Section 10.6.4 is hereby revised as follows: Ordinance No. NS -XXXX 11 A -64 Page 62 of 67 10.6.4 Pipe joints shall not be located under foundation footings. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints. SECTION 68: That section 14 -49 of the Santa Ana Municipal Code is hereby deleted it its entirety: Sec. 8 -103. Reserved. SECTION 69: That section 14 -57 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -57. Application for permit The number of fireworks booths allowed to operate in the City of Santa Ana will be limited to a maximum of 85 booths. Organizations that received a permit to operate a firework booth in the previous year will have their operational permit automatically renewed as long as the organization still meets the requirements listed in section 14 -56, and have not had any violations of these regulations during the past operational season. If the number of returning organizations is less than 85 the open fireworks booth operation positions shall be filled by lottery during the following year fireworks season. Lottery applications for a permit to operate a fireworks booth in the City of Santa Ana must be received at the City of Santa Ana no later than 5:00 pm on April 15th of the year the permit is to be issued. Lottery applications must be complete and all supporting documents included with the application. Lottery applications need not have the booth location, State Fire Marshal permit, or insurance documents submitted until after the lottery is drawn. If the firework coordinator determines that a lottery is to be run the lottery will be drawn on the first working day after April 20th. Returning organization applications and the remaining documentation for selected lottery groups must be received at the City of Santa Ana no later than 5:00 pm on May 1 st of the year the permit is to be issued. All fireworks booth permit applications submitted with insufficient information or missing documentation must be corrected before May 31st of the same year, or the first working day after May 31 st if May 31 st lands on a weekend. SECTION 70: That section 14 -60 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -60. Regulations for temporary stands. Ordinance No. NS -XXXX 11 A -65 Page 63 of 67 (a) Any person operating a fireworks stand shall abide by and comply with the provisions of this article and other reasonable conditions and restrictions which may be required by the fireworks coordinator prior to granting the permit. (b) No temporary stand may be erected or constructed on any premises [prior] to June 15th of any year. SECTION 71: That section 14 -61 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -61. Clean premises deposit. (a) Prior to erecting any such stand, the permittee shall deposit an amount to be set by resolution of the city council, or post a bond in such amount, with the City of Santa Ana to assure the city that the permittee will remove the stand, equipment, materials, and all rubbish from the premises upon which the stand is located, to the satisfaction of the fireworks coordinator, before midnight, July 11th, of the year for which such permit is granted. (b) If the stand, equipment, materials, and rubbish are removed within the said period of time to the satisfaction of the fireworks coordinator, its City or its agents or employees, the said cash or bond shall be returned to the permittee. (c) If the premises are not put in proper order, as determined by the fireworks coordinator, the city or its agents or employees may enter upon the property to do everything necessary to clear the premises, and said cash or bond shall be forfeited as liquidated damages for breach of condition subsequent to the permit. As a condition to the permittee's acceptance of the permit, it is expressly agreed that the city or its agents shall have authority to enter upon the premises to carry out the provisions of this section. SECTION 72: That section 14 -63 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -63. Stand location on premises. No such stand shall be erected within one hundred (100) feet of any gasoline station or commercial garage or within forth (40) feet of any structure. Minimum setback from the street curbing shall be twenty (20) feet, but no such stand shall be less than six (6) feet back from the inside edge of the sidewalk. The firework coordinator may cause any temporary fireworks stand located within the City of Santa Ana to be moved to a different location based upon health and safety concerns. Ordinance No. NS -XXXX 11 A-66 Page 64 of 67 SECTION 73: That section 14 -69 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -69. No smoking on premises. No smoking shall be permitted in any structure used for storage or sale of fireworks nor within twenty -five (25) feet thereof. "No Smoking" signs shall be prominently displayed in a number prescribed by the City of Santa Ana and /or fire authority having jurisdiction, visible on all sides of the structure. SECTION 74: That section 14 -70 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -70. Electric circuits. Electrical circuits, wiring, devices and lighting are prohibited in temporary stands unless such installation has been made under a valid electrical permit obtained at the Santa Ana Planning and Building Agency. No permit shall be required for battery- operated portable lighting devices. SECTION 75: That section 14 -74 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -74. Fireworks; public display. Notwithstanding any other provisions of this article, the fireworks coordinator at his or her discretion may grant permits for public displays of fireworks under his or her supervision. Applications for such public display permits shall be filed with the fireworks coordinator not less than fifteen (15) days before the public display and shall be accompanied by a detailed statement of the pyrotechnic devices to be used in display. If such permit is granted, no pyrotechnic devices shall be discharged except as listed in the statement and the fireworks coordinator may, in granting such permit, eliminate from said statement of pyrotechnic devices, any items as he or she deems hazardous or an unacceptable risk to public safety. Such public display shall be under the supervision of the fireworks coordinator or such persons as he or she shall designate. The fee for the public pyrotechnic display permit shall be established by resolution of the city council. Such display shall be held at the place and time as designated in the permit. The application for such permit shall comply with the provisions of Title 19 California Code of Regulations, Chapter 6; Fireworks. The denial of an application may be appealed to the uniform code appeals board. SECTION 76: That section 14 -77 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -77. Seizure of fireworks. Ordinance No. NS -XXXX 11 A-67 Page 65 of 67 The fire authority having jurisdiction shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, or held in violation of this articles. SECTION 77: 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 78: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation or ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there under appertaining shall continue in full force and effect. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney go Ryan O. Hodge Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 2013 Miguel A. Pulido Mayor 11 A -68 Ordinance No. NS -XXXX Page 66 of 67 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that 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 Ordinance No. NS -XXXX 11 A-69 Page 67 of 67 11 A -70 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: ORDINANCE SECOND READING: AMENDMENT APPLICATION NO. 2013 -03 TO REZONE FOUR PROPERTIES FROM MULTIPLE - FAMILY RESIDENCE (R3) TO GENERAL COMMERCIAL (C2) AT 909 NORTH GRAND AVENUE CITY MANAGE RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On November 4, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 6 -0 (Benavides abstained): ORDINANCE NO. NS -2852 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 909 NORTH GRAND AVENUE FROM MULTIPLE - FAMILY RESIDENCE (R3) TO GENERAL COMMERCIAL (C2) (AA NO. 2013 -03) FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2852 1113-1 11 B -2 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 909 NORTH GRAND AVENUE FROM MULTIPLE - FAMILY RESIDENCE (R3) TO GENERAL COMMERCIAL (C2) (AA NO. 2013 -03) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2013 -03 has been filed by the City of Santa Ana to change the zoning district designation of certain real property located at 909 North Grand Avenue from Multiple - Family Residence (R3) to General Commercial (C2). B. This clean -up action re -zones the four parcels at the subject site from Multiple - Family Residence (R3) to General Commercial (C2) in order to create consistency between the zoning and existing automotive sales land use of the site, as well as create consistency between the zoning and the General Plan land use designation of General Commercial (GC), which allows for commercial and office uses such as the existing auto sales use. C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on October 14, 2013, on Amendment Application No. 2013 -03 and decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2013 -03, which is consistent with the General Plan. D. This Council, prior to taking action on this ordinance, held a duly noticed public hearing on November 4, 2013. E. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 4, 2013 accompanying this matter. F. For these reasons, and each of them, Amendment Application No. 2013 -03 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. 11 B -3 Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2013 -60 will be filed for this project. Section 3. The real property located at 909 North Grand Avenue in Santa Ana is hereby reclassified from Multiple - Family Residence (R3) to General Commercial (C2). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of , 2013. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Ryan O. Hodge Assistant City Attorney 11 B -4 Miguel A. Pulido Mayor AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 11B-5 17TH ST ■�rE,. 17TH ST > s CS u CS o CE ■ . A Rt x A. Z nlXar' 4 a �E > cs 16.H 1 Q Rt d Rt Rt g. Cs IF N lirx s. Isrxar g Ri u FIT 15i1 Rt lIIIjE.. H=- _ Fi. 1 rM3 Jolla)_ ax- .IN < W" � xcro]i.v= �' ylAeNxOTONAV � 1 ■ RI w�.N�DroxAV R, wcroNAV X41. IIIIIQ P R1 x1p, R,C Tq y R1 MERE R1 RFF "; 1 ° �PIIIIIIIII}� Rt R, P 11-111 1 G G Xt Ix Rt s' IN Rt I qs muR ST R] I 3: fRNrst _ Rt R2 Rt RL - ermwx s, z N RI R1 Q Ra i co C EI IR p R1 .. _ ... L.o�. mx r Ag a P R srx ST R1 v R1. 1� R1 R1 T IwOADwr aARxmORres sm s, g o p p q° z g TUH a p P w P a A iP P P P N yZ� ... *HST ' 6Tx ar P P 8 P P p i Q- arxsT .Tx sT 7 _2 W P > sPOSr RI R2 w R1 g�R2'II ®Tl. Z Rx 3 FALN ST .xNDS, i P Z 2 mm o N /� °5 °S F 'All R2 .^ u °5 ° ��s 0 1STST 1ST ST U sECnaNALDISTwcTMApfiss SCA�E IN FEET ■ g District AOOPlEO BYTHE SPMAPNAGTVCWNCII�MARCHZ1959 BY gigWWCE N5a63 60. MINIMUM FRI Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT 6000 MINIMUM LOT MEP -B PARKING MODIFICATION -F FLOORAREARATIO PRO PLANNED RESIDENTIAL DEVELOPMENT CI COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE - FAMILY RESIDENCE .wsNw�T�x�a osrtxTwan= TFEVrvasenxASrw CI WD COMMUNITY COMMERCIAL- MUSEUM DISTRICT Ml LIGHTINDUSTRIAL R2 TWO - FAMILY RESIDENCE fsxmv6�er°IV°-ae°L -]am C2 GENERAL COMMERCIAL M2 HFAW INDUSTRIAL R3 MULTIPLE - FAMILY RESIDENCE lz�x53I1aaXn oa®rvlara 1 IH�]W1HI11t4TexsMWlSARdE CS CENTRALBUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT �ffTreaaawt�;IlrnvRasmcr N Pw eN CS -A CENTRAL BUSINESS- ARTISTS'VILIAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -02 OVERLAY ZONE SO SPECIFIC DEVELOPMENT xme 3AnR5Vl C5 ARTERIAL COMMERCIAL P PROFESSIONAL GP SPECIFIC PLAN puEXEET -iR-d Aiwa CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY MarcA IB m12 z M -ISM ORI am m REORD.IRESNN0.0 60]] A145 lq AA,S49A 5 A365 AA. SS) AH4 A,S P AA 1. A.1M9 AA IB 39M.101] AA105] AA WA 1)ZIS X6133] x5d3B3 X ]ff5 1618 xSdoO X91016 ry NS3W8 NF., N X8310] NS31]9 X ADOpiEO DATE n -t5 ]S 3Si 3'i9 1111111 5 -1888 1 yidSM 113088 1 1]E 91 60x5 RES.IAA IAN %.XO 548 5511 5554 Y3S 5]39 AH EIM Aw 5033 5035 5030 ORD.IRES. XO. XSI N65)1 NFI SSIS IK.1 ., NSg3 NSIW9 N61W1 SIMO X 510N HS1055 X 656 N611W ADOFIEn WTE II -wI 35Sx a5fa@ 85635 0883 wds uzBB Ix -180 RzNro 1 v.]O 11N-13 x.'M I 241 70 I z ] PREPARED BY THE PLANNING CITY OF SANTAANA, CALIFORNIA EXF1I13 ■M—v REVISEO SW 11 J REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: ORDINANCE SECOND READING: AMENDMENT APPLICATION NO. 2013 -04 TO CHANGE THE ZONING FROM GENERAL AGRICULTURAL (A1) TO SPECIFIC DEVELOPMENT NO. 86 TO SUBDIVIDE THREE PARCELS INTO 28 CONDOMINIUMS AT 4226 -4306 WEST FIFTH STREET CITY MANAGE RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On November 4, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 7 -0: ORDINANCE NO. NS -2853 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO. 2013 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 86 (SD -86) FOR SAID PROPERTY FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2853 11C-1 11C-2 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO. 2013 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 86 (SD -86) FOR SAID PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2013 -04 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 4226 -4306 West Fifth Street from General Agricultural (Al) to Specific Development No. 86 (SD -86). The Specific Development No. 86 zoning district (SD -86) would allow a 28 -unit, single - family development built at a gross density of 10.5 dwelling units per acre. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on September 23, 2013, on Amendment Application No. 2013 -04 and decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2013 -04, which is consistent with the General Plan. C. This Council, prior to taking action on this ordinance, held a duly noticed public hearing on November 4, 2013. D. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 4, 2013 accompanying this matter. E. For these reasons, and each of them, Amendment Application No. 2013 -04 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. 11C-3 Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15332. This class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can be served by existing utilities. Categorical Exemption Environmental Review No. 2013 -04 will be filed for this project. 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. The real property located at 4226 -4306 West Fifth Street in Santa Ana is hereby reclassified from General Agricultural (Al) to Specific Development No. 86 (SD -86). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 4. Specific Development No. 86 (SD -86), attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein, is approved and adopted in its entirety. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of , 2013. Miguel A. Pulido Mayor 11C-4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney IN Ryan 0. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 11C-5 11C-6 of DID F N Z Wy� O I W■ESTMINSTER AV EE] . . . ADOPTED BY THE SANTA ANA CITY COUNCIL, JULY 20,1959 BY ORDINANCE NS 001 _ WESTMINSTER AV ❑ R3 J - � GENERALAGRICULTURAL C- SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT �W MINIMUMLOTAREA -B J. tl] -F Rl 3 i O COMMUNITY COMMERCIAL , GOVERNMENTCENTER W R3 9HO�) R1 C"D COMMUNITY COMMERCIAL -MUSEUM DISTRICT M1 LIGHTINDUSTRIAL R2 I DO C2 0� \� M2 SMrtnv- Po uxSxEn MULTIPLE- FAMILY RESIDENCE fd3L811gJro x1m uv ®iNai¢ mI�rTIwTHSmaRL4ATwE C3 CENTRALBUSINESS MO _ rxw S �� • SUBURBANAPARTMENT ]I�wm1aL�IIVSL °sRacT Mvro csm. _ Rt .. R1 CENTRAL BUSINESS- ART16T5'VILIgGE 0 OPEN SPACE R1 R1 l;.Ri RESIDENTIAL ESTATE Rt C4 R1 Moww{pEPV_ 'H Ri 3.RI g sux sws�Al OVERIAYZONE SD SPECIFIC DEVELOPMENT i y R1 Npw81ps0 %% P 3 oMWSDEAV- 9 . 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ADOPTED BY THE SANTA ANA CITY COUNCIL, JULY 20,1959 BY ORDINANCE NS 001 60- MINIMUM FRONTPGE Al GENERALAGRICULTURAL C- SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT �W MINIMUMLOTAREA -B PARKING MODIFICATION -F FLOORAREARATIO PRO PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENTCENTER R1 SINGLE - FAMILY RESIDENCE msxm�IETlewwaL�Ilv1a oSRRMMff T1EO1Y63MriNN1 C"D COMMUNITY COMMERCIAL -MUSEUM DISTRICT M1 LIGHTINDUSTRIAL R2 TWOFAMILY RESIDENCE Aswllw�ei °nmmL C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL HIS MULTIPLE- FAMILY RESIDENCE fd3L811gJro x1m uv ®iNai¢ mI�rTIwTHSmaRL4ATwE C3 CENTRALBUSINESS MO MILITARY OPERATIONS R4 SUBURBANAPARTMENT ]I�wm1aL�IIVSL °sRacT Mvro csm. CS -A CENTRAL BUSINESS- ART16T5'VILIgGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -0Z OVERIAYZONE SD SPECIFIC DEVELOPMENT re•w mT1EMrp C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN nxxallRUwAxcr OR COMMERCIAL RESIDENTIAL FIND PLANNED COMMUNITY DEVELOPMENT LegYUa @Wfe MaY9 31p] PES.IAA.IAM %, NO. O.IRE6. X0. P q.Be6 A AA.BBt AA.BM q A.ftS gA.BaS A A.098 qA. Be9 A �B AA.IW3 gq.IWB q B A.A.IW B A.IMI P A.O. N 19 TM3013d 81]M 11111831 X41103 X 511841 NS -I lat 1441]61 H �BNS S1)BI N 89 X61616 X e NS -IH1 N X61841 X X53111 X 13 N538B8 N6 %W ADWTEOWE 61 Bi5 6$]48 51588 .3 5]dBB 83001 1.1 41105 RE$ IAA. IANX N0.5 5807 5851 .,I AA.). AA. ]i8 q.q. i]] AA.]iB AA.]85 A ABOS AA. 811 AHI AA.ett 0. 1 AA.831 M.BBS ORD.IflES.X°. KI XBIYd 5 N6 -"IR X 5 X61389 X aM HS -1811 XS IB3 X 1515 X61538 X81540 X61561 MCGTEDOA]E 161789 36 8383 64-]86 1',", 1.11, 1111171112-1.111 83R 10.1 18 Y119w 61X8 119 )9 f 311p 60 6348 Elldl • 4 MAOLP PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA REVISED=? 11C-8 Specific Development District (SD-86) TABLE OF CONTENTS SECTION 1. Applicability of Ordinance SECTION 2. Purpose SECTION 3. Permitted Uses SECTION 4. Conditionally Permitted Uses SECTION 5. Development Standards 1. Building Height 2. Front Yard 3. Side Yard 4. Rear Yard 5. Parking 6. Walls and Fences SECTION 6. Development Standards for Common Areas SECTION 7. Building Separation SECTION 8. Landscape Standards 1. Front yard 2. Project perimeter walls 3. Irrigation systems 4. Screening 5. Maintenance Exhibit "B" 11d-9 SPECIFIC DEVELOPMENT PLAN NO. 86 FIFTH AND NEWHOPE DETACHED HOMES SECTION 1 APPLICABILITY OF ORDINANCE The Specific Development Zoning District No. 86 for Fifth and Newhope Detached Homes is authorized by Chapter 41, Division 26 Section 41 -593 et seq. of the Santa Ana Municipal Code. SD No. 86 contains the specific standards and regulations contained in the R1 and /or R2 residential districts, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless superseded by regulations contained in this ordinance. SECTION 2 PURPOSE The Specific Development Plan No. 86 for Fifth and Newhope Detached Homes consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development for the planned residential development. SECTION 3 PERMITTED USES The following uses are permitted in the SD -86 district: 1. One - family dwellings. 2. One temporary real estate office devoted to the sale of real estate in the tract in which it is located. 3. Child care facilities providing care to not more than eight (8) children. SECTION 4 CONDITIONALLY PERMITTED USES The following uses are permitted upon the approval of a Conditional Use Permit in accordance with the Santa Ana Municipal Code: 1. Childcare facilities caring for more than eight (8), but no more than fourteen (14) children. 11G -10 SECTION 5 DEVELOPMENT STANDARDS 1. Building Height No primary structure shall exceed 27 feet nor two stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure. 2. Front Yard There shall be a front yard of not less than ten (10) feet from the street. Porches may encroach into the front yard a maximum of five (5) feet. 3. Side Yard Each side yard shall be not less than ten (10) feet. 4. Rear Yard There shall be a rear yard of not less than seven (7) feet. Such rear yard may be reduced to not less than five (5) feet for open patio covers for Unit 21 thru 28. 5. Parking The minimum off - street parking requirements for Units 1 through 20 are two parking spaces per unit within an enclosed garage. Units 21 through 28 are two parking spaces in an enclosed garage plus two tandem spaces in a driveway. In addition to the minimum requirements, a total of 15 guest parking spaces shall be provided. 6. Walls and Fences Walls and fences shall be installed pursuant to Section 41 -610 of the SAMC, except that walls and fences shall be constructed of a decorative block and /or split face block or equivalent and shall have decorative pilasters and caps. Front yard fences shall not exceed thirty (30) inches in height. Front yard fence material and design shall complement the architectural style and shall be installed by the developer and maintained by the Home Owner Association. SECTION 6 DEVELOPMENT STANDARDS FOR COMMON AREAS Homes in the SD No. 86 district shall comply with the following standards: All improvements to the common open space shall be fully implemented prior to Building Division final and release of utilities for the entire development. 110 -11 2. The passive recreation area /pocket park between Unit 25 and 26 shall be a minimum of 4,876 square feet in size and shall incorporate tables, seating and a shade structure. The color and appearance of the furniture products and other elements must complement the overall architecture design and material. Benches and seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. 3. Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. 4. Driveways shall lead to a garage and not exceed the width of such garage. There shall be no parking of vehicles in the front yard except in such driveways. SECTION 7 BUILDING SEPARATION 1. The building separation between structures shall be at least ten (10) feet for Units 1 through 20. 2. The building separation between structures shall be at least eight (8) feet for Units 21 through 28. SECTION 8 LANDSCAPE STANDARDS In the SD No. 86 district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements: 1. Front yard a. One 24 -inch box canopy trees per unit. b. One additional tree species for up to five dwelling units and an additional tree species for each increment of five units. c. Six five - gallon size shrubs and 10 one - gallon size herbaceous perennials /shrubs as a foundation planting. d. Turf or acceptable dry climate ground cover: i. Turf shall be drought tolerant variety and planted as sod or hydroseed. ii. Ground cover shall be well- rooted cuttings from flats and planted at appropriate spacing for that particular plant material. 11C -12 2. Project perimeter walls a. Flowering vines shall be provided and secured to a decorative masonry wall material. b. The vines shall be five - gallon size and be planted at a maximum 20 -foot interval. They shall be secured to the walls with eye hooks and wire. c. Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. 3. Irrigation systems a. A pop -up sprinkler type irrigation system shall be provided for all yards for each residential unit. b. The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. 4. Screening a. All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure. b. Any enclosed structure for utilities must not encroach into any required setback. 5. Maintenance a. All plant material shall be maintained per Section 41 -609 of the Santa Ana Municipal Code. AN \Specific Developments \SD No.86 11G -13 11C -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: ORDINANCE SECOND READING: ZONING ORDINANCE AMENDMENT NO. 2013 -03 FOR A NEW MULTI - FAMILY RESIDENTIAL DEVELOPMENT AT 301 EAST JEANETTE LANE CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On November 4, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 6 -0 (Amezcua abstained): ORDINANCE NO. NS -2854 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 59 (SD -59) TO ALLOW THE CONSTRUCTION OF A MULTI - FAMILY RESIDENTIAL PROJECT WITH 182 UNITS AT 301 EAST JEANETTE WAY (ZOA NO. 2013 -03) FISCAL IMPACT There is no fiscal impact associated with this action. y, )Gov .-D,/ ix Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2854 11D-1 11 D -2 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 59 (SD -59) TO ALLOW THE CONSTRUCTION OF A MULTI- FAMILY RESIDENTIAL PROJECT WITH 182 UNITS AT 301 EAST JEANETTE WAY (ZOA NO. 2013 -03) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The proposed Zoning Ordinance Amendment No. 2013 -03 is to amend the existing zoning in Specific Development No. 59 (SD -59) to allow a multi- family use, increase the maximum number of permitted residential units on the development site, establish a multi - family parking ratio, allow for the use of tandem parking stalls, increase the building height and adjust the open space location requirement. B. On October 14, 2013, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2013 -03 to amend Specific Development No. 59 (SD -59) to allow a multi - family use, increase the maximum number of permitted residential units on the development site, establish a multi - family parking ratio, allow for the use of tandem parking stalls, increase the building height and adjust the open space location requirement. C. Zoning Ordinance Amendment No. 2013 -03 came before the City Council of the City of Santa Ana for a duly noticed public hearing on November 4, 2013, to consider all testimony, written and oral. D. The City Council adopts as findings all facts presented in the Request for Council Action dated November 4, 2013, accompanying this matter. For these reasons, and each of them, Zoning Ordinance Amendment No. 2013- 03 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. Specific Development No. 59 (SD -59) is hereby amended as follows: A. Multi- family Use and Increase in Maximum Number of Residential Units. SD -59 currently allows a maximum of one single family residence per acre 11 D -3 of land on the subject parcel. The applicant is requesting an amendment to SD -59 to increase the maximum number of permitted units to 182 as well as allow a multi - family use. Amendments to SD -59 are needed to Part 11.1.j (Permitted Land Uses). B. Establish Multi- Family Residential Parking Ratio. Amendments are needed to establish parking requirements for multi - family residential uses. SD -59 currently does not contain a multi - family parking ratio. As proposed, the project will provide a total of 364 spaces at an overall ratio of 2.0 spaces per unit, regardless of bedroom count, and inclusive of guest parking. Due to the absence of multi - family parking standards contained within SD -59, a ratio must be established. Staff recommends that Part III.A.4 (Development Standards - Parking) of SD -59 be amended to reflect the overall ratio of 2.0 parking spaces per unit inclusive of guest parking. C. Allowance for Tandem Parking to Satisfy Parking Requirement. The Santa Ana Municipal Code contains provisions for tandem parking to satisfy some portion of any required parking, but only for commercial development. SD- 59 does not contain any specific standards allowing the use of tandem parking within the project area. The applicant proposes to have 64% of the parking stalls designed as tandem spaces. Thus, SD -59 shall be amended to allow no more than 64% of the overall parking spaces to be in a tandem configuration provided a parking management plan is approved addressing items such as the need to link percentage of tandem with percentage of one - bedroom units. D. Open Space Requirement. The open space provision within SD -59 requires that each residential development provide usable open space at the ground level. The applicant is requesting an amendment to SD -59 in order to allow the required open space to be located on levels other than the ground level. Access to the open space is more ideal in this design because most if not all of the units are located above the parking level(s). Thus, Part III.A.5 (Development Standards -Open Space) shall be amended to allow open space to be located above the ground level. E. Building Height. The overall building height measures 59 feet from the lowest adjacent grade. SD -59 allows a maximum building height of 50 feet consistent with the current development within City Place. Surrounding structures within City Place measure up to 50 feet in height. Other structures outside of City Place include a large parking structure and office building immediately to the north. Thus, Part III.C.1 (Building Height) shall be amended to increase maximum building height to 59 feet and thereby allowing the project as designed and compatible in height with the surrounding area. 11 D -4 Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of 2013. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 11D-5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 11 D -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: APPOINT REPRESENTATIVE TO THE SANTA ANA RIVER FLOOD PROTECTION AGENCY CITY M C AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Appoint William Galvez, Acting Director of Public Works as the City's representative to the Santa Ana River Flood Protection Agency. DISCUSSION The City's former Public Works Agency Director served as the City's representative. The Agency meets every other month and representatives do not receive compensation. The Santa Ana River Flood Protection Agency (SARFPA) supports the Santa Ana River Mainstem Project and was formed on November 25, 1974. As a joint powers agency, SARFPA's primary function is to support congressional authorization and appropriations for the Santa Ana River Mainstem Project and related projects such as the Westminster Watershed Study. The agency provides its members with information on the status of the Santa Ana River and related projects and regional flood control improvements. The Santa Ana River Mainstem Project involves the construction of flood control improvements for the communities within Orange, Riverside and San Bernardino counties. Its main features include the construction of the Seven Oaks Dam in San Bernardino County and the Lower Santa Ana River Channel Improvements in Orange County. SARFPA collectively and through individual members communicates the importance of the Santa Ana River flood control improvements to its Orange County Congressional delegation. SARFPA also sends its Executive Director to Washington D.C. in support of Orange County Supervisors and County staff in seeking appropriations for the Santa Ana River Mainstem Project. SARFPA also communicates with the Orange County State Delegation and the State Department of Water Resources to reimburse the OCFCD's for the State's share of the project costs. SARFPA also supports the efforts of the OCFCD to have the 100 -year Santa Ana River 13A -1 Flood Plan amended by the Federal Emergency Management Agency (FEMA resulting in the reduction of insurance premiums and, in many cases, the removal of mandatory flood insurance requirements. SARFPA will continue supporting the Santa Ana River Project until its completion. SARFPA consists of representatives from the County of Orange, Orange County Flood Control District (OCFCD), Orange County Water District, Orange County Sanitation District, Costa Mesa Sanitation District, and 17 Orange County cities, which include: City of Anaheim, City of Buena Park , City of Cypress, City of Fountain Valley, City of Fullerton, City of Garden Grove, City of Huntington Beach, City of Irvine, City of Newport Beach, City of Orange, City of Placentia, City of Santa Ana, City of Seal Beach, City of Stanton, City of Tustin, City of Westminster, City of Yorba Linda. The agency contracts for the services of an Executive Director. FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council 13A -2 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Special Meeting Minutes September 3, 2013 CALL TO ORDER The meeting was called to order at 3:10 p.m. in Room 831 City Hall. ATTENDANCE The following Councilmembers were present: Vincent Sarmiento, David Benavides and Michele Martinez Staff present were: Kevin O'Rourke, Interim City Manager; Sonia Carvalho, City Attorney; and Rosa Barela, PBA Executive Secretary, PUBLIC COMMENTS - None COMMITTEE MEMBERS RECESSED for Closed Session discussion in Room 831 CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The Committee finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing matters. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Properties: 3rd Street and Broadway Parking Structure; and YMCA Agency negotiator: Kevin O'Rourke, Interim City Manager Party with whom negotiating: Respondents to Request for Qualifications Under negotiation: Terms and Conditions of Sale or Lease of the Properties by the City. CLOSED SESSION REPORT — Nothing to report ADJOURNMENT — 4:15 P.M. J yI 1. Trevino Executive Director Planning & Building Agency JMT:rb rb'Douncll COMM evel a Transp CM06 -0e -13 Devel a Transp CC Minutes Speclel- Closed DRAFT 13B -1 13B -2 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Meeting Minutes September 5, 2013 CALL TO ORDER The meeting was called to order at 5:04 p.m. in Room 1600 of the City Hall Ross Annex. ATTENDANCE The following Committee Members were present: Vincent Sarmiento, Michele Martinez, David Benavides (5:12 p.m.) Staff present were: Jay Trevino, Planning & Building Agency Executive Director; William Galvez, Interim Director /Public Works Agency; Ryan Hodge, Assistant City Attorney; Jason Gabriel, Principal Civil Engineer; Karen Haluza, Planning Manager; Jason Kwak, Senior Plan Check Engineer; Matt Foulkes, Senior Management Analyst; Taig Higgins, Acting City Engineer; Rosa Barela, PBA Executive Secretary. PUBLIC COMMENTS — None AGENDA ITEMS APPROVAL OF MINUTES OF THE JUNE 4, 2013 MEETING Approved by a vote of 2:0 (Benavides absent) (Taken out of agenda order) 3. OVERVIEW OF CITY'S TRANSIT VISION PROJECTS Jason Gabriel provided an overview of the Santa Ana Boulevard Grade Separation and expansion of the Santa Ana Regional Transportation Center ( SARTC). Mr. Gabriel noted the Santa Ana Boulevard underpass would reconnect neighborhoods, improve pedestrian circulation, bicycle and vehicle safety at the railroad crossing which will be developed in conjunction with the SARTC Master Plan to provide for future Fixed Guideway expansion and discussed the timeline for the project. Mr. Gabriel discussed outreach meetings with the Logan neighborhood, the construction of a shoefly for the railroad, the detour of Santa Ana Boulevard, acquisition of adjacent properties, funding, environmental documents, the SARTC Transit Village and the Street Car. (Benavides arrived to the meeting at 5:12 p.m.) Chairman Sarmiento discussed the possibility of demolishing the existing train station and using as potential developable new land for something that is more compatible. Staff noted they received community feedback indicating they would like 13B -3 the building to stay. Jay Trevino noted the project is not yet in the environmental stage and if the council would like to study alternatives, staff is able to do that. Chairman Sarmiento requested that alternatives be presented and noted as the environmental process begins and that a consultant from Cordoba and a representative from OCTA come to a future meeting and brief committee on what they are doing. 4. RFQs UPDATE —YMCA AND 3RD & BROADWAY PARKING STRUCTURE Mr. Trevino requested item be continued to a future meeting and will bring back at the appropriate time. 2. ELECTION OF VICE CHAIRPERSON Motion by Committee member Benavides and seconded by Chairman Sarmiento to appoint Committee member Martinez as Vice Chair. 5. GENERAL PLAN UPDATE Mr. Trevino provided a brief overview on the General Plan Update noting that staff has begun work and shared some initial thoughts. The first step staff proposes is Scoping and Vision to engage the community early and receive input on what the Scope of Work should be with the second step to continue community engagement, update the General Plan and Zoning Ordinance, and the sign and parking codes. Vice Chairwoman Martinez noted the community outreach meetings need to be done in a strategic and effective way as we're starting the process with the Strategic Planning discussion and to make sure when we have outreach meetings the community is aware that they are all connected. Noted she is glad staff is bringing this forward to integrate into the Strategic Plan. Chair Sarmiento commented on the allocation of resources, to be intelligent on the number of outreach meetings in order to receive maximum input from the community for good and precise information. Mr. Trevino noted the executive staff met on three occasions to focus on these points -- the inter - connectedness of the Specific Plan, the vision plan, transit plan, and economic development as they relate to the City's Strategic Plan. Vice Chair Martinez noted the priority of updating the sign code and parking code adding she would like for it to be completed within two years and to include a health element component in the General Plan. She also suggested as we move forward with the Strategic Plan and some of these goals that this item be added to future agendas each time they meet to make sure we are aligned all the way through from this committee to other committees and continue to review with staff to make sure we are moving in the right direction. Development & Transp. Council Committee Minutes September 5, 2013 6. HOUSING ELEMENT UPDATE Mr. Trevino provided an update on the Housing Element including the schedule noting the draft Housing Element document will be released for public review in October 2013 then go to Planning Commission on December 9, 2013, and to City Council for approval on January 7, 2014 in order to meet the State deadline of February 12, 2014. Mr. Trevino mentioned the recent adoption of the Emergency Shelter Ordinance (SB2), and in April 2014 with the adoption of the Harbor Corridor Plan, will meet and comply with our goal of 407 housing units. Vice Chair Martinez asked that prior to bringing Housing Element Update to full council, to bring back some of the key components or new components of the housing element such as wellness and how we're going to meet the new housing demand and type of housing stock to meet those numbers. Mr. Trevino noted he will bring at a future meeting the most important pieces in the current Housing Element which would be the Housing Opportunity Ordinance, Harbor Plan, and new components including health and wellness policies, smoking in multi - family projects, affordable housing, affordable housing for artists or veterans or other groups the committee would like staff to consider. Staff will bring back to the committee to obtain feedback prior to it being finalized and approved by Council. 7. ADAPTIVE REUSE OF COMMERCIAL BUILDINGS FOR RESIDENTIAL PURPOSES Mr. Trevino noted in July, Vice Chair Martinez and staff toured several urban adaptive reuse projects in downtown Los Angeles. Mr. Trevino also noted staff has been reviewing the City of Los Angeles Adaptive Reuse Ordinance, staff has done a preliminary review of applicable properties in Santa Ana adding staff has received a development application for one project, and noted that the best approach is to use an existing provision in the Building Code Section 104.11 "Alternative Materials, Design and Methods of Construction" which means there is a flexibility provision built in the building code. Jay noted staff received an application for one project and will be handled using Section 104.11 and use as a case study. If we want to develop an ordinance like Los Angeles, we can do that after learning about some of these projects. Staff will use the flexibility in building code and if needed amend parking and zoning code as appropriate and encourage a diverse unit mix. After learning from the case study it will then be determined if an ordinance should be adopted, what type of buildings would this apply to, the diversity of the units, and parking will be a major policy issue. Committee member Benavides went on the tour along with Mayor Pro Tern Tinajero in August noting he sees tremendous opportunity and potential with some of our buildings that are underutilized noting he would like to make sure we put everything we have to allow for these projects to move forward. Development & Transp. Council Committee Minutes September 5, 2013 Chairman Sarmiento noted his familiarity with adaptive reuse adding it is a good approach and noted concern on amending the code at some point. He noted he is glad that staff is being flexible. Mr. Trevino noted staff has done some preliminary review of buildings that are likely candidates for adaptive reuse. Staff will come back to committee and will move forward on processing projects in the pipeline. COMMITTEE MEMBER COMMENTS — Chairman Sarmiento Requested that the seating be reconfigured Requested that the Saddleback Inn property be added to a future agenda noting the Council is aware that the Elks will be taking the title of the parcel for a long- term lease and was approached for direction on what we would like to see. ADJOURNMENT — 6:24 P.M. ALI_� ,16YM. Trevino Executive Director Planning & Building Agency JMT:rb rb:Cauncil Camm \Oevel & Trenep CC \09 -05 -13 Devel & Tmncp CC Minutes Development & Transp. Council Committee Minutes 13P 6 September 5, 2013 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Special Meeting Minutes September 9, 2013 CALL TO ORDER The meeting was called to order at 4:05 p.m. in Room 831 City Hall. ATTENDANCE The following Councilmembers were present: Vincent Sarmiento, Michele Martinez and David Benavides Staff present were: Kevin O'Rourke, Interim City Manager; Debra Kurita, Interim Assistant City Manager; Jay Trevino, Planning & Building Agency Executive Director /Planning & Building Agency; Ryan Hodge, Assistant City Attorney; Nancy Fong, Interim Executive Director /Community Development Agency; and Rosa Barela, PBA Executive Secretary. PUBLIC COMMENTS - None COMMITTEE MEMBERS RECESSED for Closed Session discussion in Room 831 CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The Committee finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing matters. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Properties: 3rtl Street and Broadway Parking Structure; and YMCA Agency negotiator: Kevin O'Rourke, Interim City Manager Party with whom negotiating: Respondents to Request for Qualifications Under negotiation: Terms and Conditions of Sale or Lease of the Properties by the City. CLOSED SESSION REPORT — Nothing to report ADJOURNMENT — 5:14 P.M. M. Trevino Executive Director Planning & Building Agency JMT:rb o.Uunoll Comm\Devel & Transp CM06 0613 Devel a Transp CC Mlnules Special 13B -7 13B -8 Rio L""I 0 CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: REQUEST FOR PROPOSALS FOR POLICE DEPARTMENT INTEGRATED SOFTWARE SYSTEM CITY MAN ER 1:7xiTi� ►� ► r • e CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Police Department to issue a Request for Proposals (RFP) to qualified companies to provide an integrated software system for the Police Department. DISCUSSION Contemporary law enforcement technology relies upon tightly integrated Computer Aided Dispatch (CAD), Records Management Systems (RMS), and Automated Field Reporting (AFR). These core technologies provide a foundation for dispatching calls for service, monitoring the location of officers, and providing additional officers and resources when needed. In addition, these systems provide the technology needed to electronically complete and distribute police reports, provide flexible search capabilities and streamline data entry, all of which provide critical information to detectives and others dedicated to solving crimes as expeditiously as possible. During the past decade, the technology that the Police Department relies on has diminished as a result of aging technology, vendors changing ownership, discontinuing support, and even going out of business. At the same time, the national recession and limited City resources have prevented major capital improvements. While we closed gaps with individual solutions and workarounds, time spent performing double and triple data entry into multiple systems decreases the time available to perform more important law enforcement related tasks. Most importantly, the proposed technology improvements will improve the delivery of public safety services The Santa Ana Police Department (SAPD) contracted with consultants Cit Com Inc. to complete an evaluation of our current technology. After interviewing key stakeholders, carefully analyzing the available alternatives, and considering the benefits of modernization, we have concluded that the existing technology resources do not reflect contemporary law enforcement technology and are impeding the Police Department's ability to achieve its stated mission and goals. The consultants recommended solution is to acquire a vendor - supplied and tightly integrated CAD /RMS /AFR. The integrated software project is estimated to cost $2,000,000 - $2,500,000. 19C -1 Police Department Integrated Software RFP November 18, 2013 Page 2 The Recommended Action authorizes the Police Department to issue a request for proposals (RFP) for an integrated software solution from qualified firms (Attachment No. 1). Staff will present the results of the RFP and request that a contract to the successful proposal be awarded at a City Council meeting sometime in spring 2014. FISCAL IMPACT There is no fiscal impact associated with this item. Carlos Rojas Acting Chief of Police Police Department 19C -2 i Integrated LauwEnfom nnentSolution RequestfirProposal November 18, 2013 19C -3 SANTA ANA POLICE DEPARTMENT REQUEST FOR PROPOSAL FOR AN INTEGRATED LAW ENFORCMENT SOLUTION TABLE OF CONTENTS Chapter 1: Rules of Preparation ............................... 1-4 Overview.............................................................................................................. ............................... 1 -1 Navigating Your Way through This Request for Proposal ..................... ............................... 1 -1 Mandatory City Rules of Procurement and Contract Terms ...................... ............................1 -2 Submissionof Responses ........................................................................ ............................... 1-2 VendorInquiries ...................................................................................... ............................... 1-3 Modifications to the RFP ........................................................................... ............................1 -3 Cost of Preparation of Offering ............................................................... ............................... 1-3 Confidentiality of Documents ................................................................. ............................... 1-3 Mediumof Document ................................................................................ ............................1 -4 Notification of Withdrawal of Proposal .................................................. ............................... 1-4 ContractualObligations ........................................................................... ............................... 1-4 Errors and Omissions ................................................................................. ............................1 -6 Rights to Pertinent Materials ................................................................... ............................... 1-6 NewsReleases ......................................................................................... ............................... 1-7 Right to Reject Offerings ........................................................................... ............................1 -7 Demonstrations.......................................................................................... ............................1 -7 Evaluations................................................................................................. ............................1 -7 Exceptionsto the RFP ................................................................................ ............................1 -9 Discrimination and Equal Opportunity ...................................................... ............................1 -9 19C -4 SANTA ANA POLICE DEPARTMENT REQUEST FOR PROPOSAL FOR AN INTEGRATED LAW ENFORCMENT SOLUTION CHAPTER Elected Official Approval ..... TABLE OF CONTENTS (CONTINUED) PAGE ... . .............................................. 1 -9 ImmigrationLaws ...................................................................................... ............................1 -9 Other General Conditions ........................................................................ ............................... 1-9 ProtestProcess .......................................................................................... ...........................1 -10 Ivey Events and Projected Dates ............................................................... ...........................1 -11 Chapter 2: Background and Vendor Response Background.......................................................................................................... ............................... 2 -1 GeneralBackground ................................................................................... ............................2 -1 AboutCAD ............................................................................................. ............................... 2 -1 AboutAFR and RMS ................................................................................. ............................2 -2 AboutJMS ................................................................................................. ............................2 -3 VendorResponse ................................................................................................. ............................... 2 -3 Vendor Services Overview ......................................................................... ............................2 -4 References............................................................................................... ............................... 2 -6 Software ....................... ........................... ............................... 2 -9 SystemInterfaces ...................................................................................... ...........................2 -12 Licensing............................................................................................... ............................... 2 -14 Computer Hardware .............................................................................. ............................... 2 -15 Implementation...................................................................................... ............................... 2 -18 Training .......................... 19C -5 ... ............................... 2 -20 SANTA ANA POLICE DEPARTMENT REQUEST FOR PROPOSAL FOR AN INTEGRATED LAW ENFORCMENT SOLUTION TABLE OF CONTENTS (CONTINUED) CHAPTER PAGE Documentation...................................................................................... ............................... 2 -23 Warranty, Support and Maintenance ......................................................... ...........................2 -25 PricingForms ........................................................................................ ............................... 2 -30 Exceptions to Terms and Conditions ......................................................... ...........................2 -37 Chapter 3: Functional Specifications ElectronicSubmission ......................................................................................... ............................... 3 -1 Instructions.............................................................................................. ............................... 3 -1 Exhibits A: CERTIFICATION OF NONDISCRIMINATION BY CONTRACTORS B: ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY C: CERTIFICATIONS 19C -6 Chapter 1 Rules of Preparation 19C -7 SAPD Integrated Law Enforcement Solution RFP Chapter 1: Rules of Preparation Rules of Preparation The Santa Ana Police Department invites your company to submit a written offer that details how your company would supply software and services to fulfill the Police Department's need for an integrated law enforcement solution, comprised of the following technology elements: • Computer Aided Dispatch (CAD) • Records Management System (RMS) • Automated Field Reporting (AFR) • Jail Management System (JMS) • Associated Interfaces The Santa Ana Police Department requires a solution from a single, prime contractor legally and financially responsible for all hardware (where applicable), software and implementation services. Navigating Your Way through This Request for Proposal This written Request for Proposal (RFP) states the scope of system requirements and specifies the rules for preparing a response. The RFP includes three chapters, as follows: Chapter 1 - The current chapter provides general guidelines and rules to assist vendors in preparing their response. Chapter 2 - Contains questions regarding the proposing company's background and qualifications, the specifications and capabilities of the proposed systems, and the services to be provided in addition to required forms for identifying proposed costs. Chapter 3 - Includes functional requirements and describes the instructions for completing responses to the requirements. Space is provided for the vendor to respond regarding the proposed system's ability to support each requirement. The submitted offering must follow the rules stated within this section and the format established within this RFP. Adherence to these rules will ensure a fair and objective 19C -8 1 -1 SAPD Integrated Law Enforcement Solution RFP Chapter 1: Rules of Preparation analysis of all responses. All responses must be on this form (or its copy). Additional pages may be attached as necessary. However, unnecessarily lengthy documents are discouraged. In this RFP, the terms "vendor ", "proposer ", and "offeror" are used interchangeably. Mandatory City Rules of Procurement and Contract Terms All vendors responding to this procurement must review the City's rules on RFP and procurement which are available at the following website: www.santa- ana.org/ finance /bidding- infornlation.asp. Vendors must register, obtain proper licenses, and adhere to all City purchasing requirements. In addition, vendors must note any exceptions to the City's requirements within their proposal response. Submission of Responses Vendors electing to submit a response to this RFP must prepare and submit a comprehensive response to all requested information. It is understood and agreed upon by the vendor in submitting a proposal that the Police Department has the right to withhold, until after contract award, all information regarding this procurement, including but not limited to: the number of proposals received, competitive technical information, competing price information, and Police Department evaluation concerns regarding competing proposals. Number of Copies Required: The Police Department requires that proposing vendors submit one signed original plus four (4) printed copies (total of 5) of the offerings. In addition, the City requires that vendors submit their response in electronic form (CD, DVD or portable USB drive). In the event of any discrepancies between the electronic and paper copies, the paper copy will take precedence. Due Date, Time and Delivery Address: The offerings must be received by the Police Department no later than January 17, 2014 at 3:00 p.m. Offerings must be addressed to: City of Santa Ana Purchasing 20 Civic Center Plaza Santa Ana, CA 92702 Spec. 13 -071 Offerings received by the City after the above date and time will not be considered. Upon receipt of offerings, each vendor shall be presumed to be thoroughly familiar with installation sites and with all specifications and requirements of this offering. The failure 19C-9 1.2 SAPD Integrated Law Enforcement Solution RFP Chapter 1: Rules of Preparation or omission to examine any form, instrument or document shall in no way relieve vendors from any obligation in respect to its offering. Vendor Inquiries Please direct all questions concerning this document to: William Romesbur¢ Project Consultant PO Box 890513 Temecula, California 92589 -0513 (951) 506 -9851 (951) 695 -4934 (Fax) Contact with any City employees regarding this RFP is expressly prohibited without prior consent. Vendors directly contacting employees risk elimination of their offering from further consideration. Modifications to the RFP 1. Changes to this RFP shall be made only by formal written amendment(s) issued by the City of Santa Ana. 2. Any and all addenda issued by the City shall be considered apart of the specifica- tions submitted to the vendors for preparation of their proposals and should be addressed in the vendor response. Cost of Preparation of Offering The City will not pay costs incurred in the preparation, printing, demonstration or negotiation process. All costs shall be borne by the proposing vendor, with the exception of costs associated with Police Department personnel visits to other sites. Confidentiality of Documents All documents submitted as part of the vendor's offering will be deemed confidential during the evaluation process. Vendor offerings will not be available for review by anyone other than the Police Department evaluation team or its designated technical and operational representatives. Following award of contract, all offerings become public documents and are available for public viewing upon written request. 19C -10 1 -3 SAPD Integrated Law Enforcement Solution RFP Chapter 1: Rules of Preparation Medium of Document This RFP is the property of the Santa Ana Police Department. The RFP was prepared in Microsoft Word 2010, and Microsoft Excel 2010. The file must be downloaded from the following City website: httn : / /www.ci.santa- ana.ca.us/bids- rfps /default.asp. Appropriate narrative clarification of answers is encouraged as needed. However, narrative should be provided on additional pages in order to preserve the original format and pagination (e.g., Exhibits, Attachments, etc). Any omissions or errors in the submitted offerings are the responsibility of the submitting vendor. Any other duplication or use of this document is prohibited. Notification of Withdrawal of Proposal Proposals may be modified or withdrawn prior to the date and time specified for proposal submission by an authorized representative of the vendor by formal written notice. Proposals submitted will become the property of the City after the proposal submission deadline. Contractual Obligations The Police Department will require certain contractual obligations, regardless of any current agreements between the vendor and the Police Department. Failure to agree to the renegotiate mandate will automatically disqualify the proposal. These terms will include but are not limited to the following: 1. Requirement to Meet All Provisions - Each individual or firm submitting an offer shall meet all the terms and conditions of the RFP. By virtue of its offering submittal, the vendor acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Inclusion of Offering - the offering submitted in response to this RFP will be required to be included as part of the final contract with the selected vendor. 3. Accountability - The selected vendor will be required to attend, at a minimum, monthly project status meetings and submit monthly status reports covering such items as progress of work being performed, milestones attained, resources expended, problems encountered and corrective action taken. 4. Warranty - All equipment and software are to be under warranty for at least one year from the date of system acceptance. If the original warranty provided by the manufacturer is longer than the one year period, the Police Department shall receive the benefit of the additional warranty period. The warranty shall require the vendor to be responsible for all cost of parts, labor, field service, and pick up and delivery service charges related to repairs or corrections during the warranty 19C -11 1.4 SAPD Integrated Law Enforcement Solution RFP Chapter 1; Rules of Preparation period. There is to be no cost to the Police Department beyond those identified in the offering. Further information is provided under the "Warranty and Maintenance" section of this RFP. Costs - All costs must be detailed specifically in the vendor cost summary section of the offering; no additional charges (e.g., for transportation, installation, training, out -of- pocket expenses, etc.) will be allowed unless so specified in the offering. Vendors must fill out all appropriate cost pages (or replicas of these pages). 6. System Acceptance - The final contract with the Police Department will contain items such as performance guarantees for system availability, response time, loading capacity, functionality, and system acceptance criteria. Some of the specific guarantees required are identified in the Vendor Response Section. The selected vendor should be prepared to include such items within the scope of services and pricing. Ability to Perform - The selected vendor warrants that it possesses, or has arranged through subcontractors, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, Police Department, City, and special district laws, ordinances, and regulations. 8. Laws to be Observed - The selected vendor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and Police Department and city ordinances, regulations and adopted codes during its performance of the work. Payment of Taxes - The offering costs shall include full compensation for all taxes which the selected vendor is required to pay. 10. Permits and Licenses - The selected vendor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 11. Selection - The final award of a contract is subject to approval by the elected officials governing the awarding body. 12. Payment Schedules - The Police Department and the selected vendor will negotiate a payment schedule based on defined and measurable milestones and deliverables. Under no circumstances will payments be made in advance of work performed. The Police Department will require substantial holdback of contract monies until acceptable performance is demonstrated (a minimum of 25 %). 13. Knowledge of Conditions - Before submitting an offering, vendors must carefully examine this RFP and inform themselves thoroughly as to all the difficulties involved in the completion of all work pursuant to the requirements of this document. Pleas of ignorance of conditions or difficulties that may be encountered in the execution of the work pursuant to this document as a result of a failure to make the necessary examinations or investigations shall not be accepted for any failures or omissions on the part of successful vendors to fulfill, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for the extension of time. 19C -12 1.5 SAPD Integrated Law Enforcement Solution RFP Chapter 1: Rules of Preparation 14. Training - The Police Department and the vendor will develop a mutually agreeable training schedule. Training will be conducted at the Police Department facilities and consist of both operational and administrative information. Training is a critical issue for Police Department personnel. In preparing your response, be prepared to address the number of persons to be trained, estimated hours of training and the availability of training medium materials (including photocopies, electronic formats and video media). 15. Software Defects - The vendor shall promptly correct all software defects for which the vendor is responsible, within a time period agreed upon by the Police Department and the vendor. 16. Patents and Royalties - Vendor, without exception, shall indemnify and hold harmless the Police Department, its officers, officials, employees, designated volunteers (reserves) and agents from any liability of any nature or kind, including costs and expenses for or on account of trademark, copyrighted, patented, or non- patented invention, process or article manufactured or used in the performance of the contract, including its use by Police Department. If the vendor uses any design, device or materials covered by patent, trademark or copyright, it shall be mutually understood and agreed without exception that the offering prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. Errors and Omissions The vendor shall point out to Police Department, and not be allowed to take advantage of any obvious errors and/or omissions within this offering or the vendor's response. Rights to Pertinent Materials All responses, inquiries, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by the vendor that are submitted as part of the proposal shall become the property of the Police Department upon receipt. Government Code Sections 6250 et. Seq., the "Public Records Act," defines public record as any writing containing information relating to the conduct of the public's business. The Public Records Act provides that public records shall be disclosed upon written request, and that any citizen has a right to inspect any public record, unless the document is exempted from the disclosure requirements. The City cannot represent or guarantee that any information submitted in response to the RFP will be confidential. If the City receives a request for any document submitted in response to this RFP, it will not assert any privileges that may exist on behalf of the person on business submitting the proposal. It is the responsibility of the person or business entity submitting the proposal to assert any applicable privileges or reasons why the document should not be produced. 19C -13 SAPD Integrated Law Enforcement Solution RFP Chapter 1: Rules of Preparation News Releases News releases and all other related information (e.g., recommendations, etc.) pertaining to this project shall not be made available to anyone without prior approval by the Police Department. Right to Reject Offerings The Police Department reserves the right to reject any and all offerings or any part of any offering, to waive minor defects or technicalities, or to solicit new offerings on the same project or on a modified project which may include portions of the originally proposed project as the Police Department may deem necessary in its interest. The Police Department reserves the right to cancel the award of a contract at any time. In all matters relating to the cancellation of this RFP, the Police Department shall be the sole judge of its best interest and vendor compliance with terms and conditions. Demonstrations As part of the evaluation process the Police Department will require demonstrations of similar systems and /or specific applications that are installed and operational. Finalist vendors should be prepared to demonstrate applications and answer questions with the Santa Ana Police Department Steering Committee. All costs of the demonstrations are the vendor's responsibility. Additionally, the Police Department may require visits to existing installations of comparable systems. Evaluations An evaluation team composed of representatives of the Santa Ana Police Department and Cit Com, Inc. will evaluate proposals on a variety of quantitative and qualitative criteria. The selected proposal will be that which provides the most cost effective approach that best meets the Police Department's requirements. The lowest price proposal will not necessarily be selected. Selected vendors may be invited to make oral presentations to agency representatives. The vendor representative(s) attending the oral presentation shall be technically qualified to respond to questions related to the proposed system and its components. The criteria upon which the evaluation of the proposals will be based includes, but is not limited to, the following. The parentheses indicate the weighted percentage of importance: 19C -14 1 SAPD Integrated Law Enforcement Solution RFP Chapter 1: Rules of Preparation 1. Adherence of the proposal to the format specified herein; all required information must be provided as indicated herein (2). 2. Completeness of the proposal (5). 3. Quality and depth of references (5). 4. Level of service and responsiveness that the vendor commits to providing to Santa Ana Police Department after implementation (5). 5. Financial stability and resources of the vendor (5). 6. Experience and technical expertise of staff (5). 7. Design, capability, and functionality of system and application software as determined by the evaluation team (15). 8. Current availability and ability to demonstrate installation of the proposed software applications required by the Police Department (5). 9. Level of integration between applications and demonstrated interfaces with external systems /devices (10). 10. Capability, design, reliability, warranty and expandability of proposed hardware (5). 11. Economic feasibility and justification of all costs (10). 12. Vendor willingness and ability to negotiate a contract, including ability to offer project financing and competitive finance terms (10). 13. Feasibility, timeliness and quality of software implementation schedule and conversion plans (5). 14. Level of assistance to be provided to the Police Department by the vendor during the implementation process as part of the contract (6). 15. The number of hours and extent of user training (5). 16. Quality and extent of the documentation to be provided (2). Each proposal will be carefully reviewed by the evaluation team based on these 16 criteria. A quantitative score will be assigned to each proposal based on a scale of 100. The top scoring vendors deemed qualified will be invited to present an oral demonstration of their system's capabilities. The Police Department reserves full discretion to determine the competence and responsibility, professionally, technically, and /or financially, of proposers. Proposers will provide, in a timely manner, any and all information which the Police Department deems necessary to make such a decision. 19C -15 1.8 SAPD Integrated Law Enforcement Solution RFP Chapter 1: Rules of Preparation Exceptions to the RFP The format of the REP must be followed and all requested information must be submitted as indicated. However, the Police Department is receptive to any additional suggestions pertaining to phasing and scheduling of application development, equipment installation and software implementation, additional related capabilities, and any alternative methods of obtaining any portion of the system requirements. Exceptions raised during contract negotiations that have not been previously declared in the proposal may be grounds for disqualification as deemed appropriate by the Police Department. Discrimination and Equal Opportunity It is the policy of the Santa Ana Police Department to afford all people an equal opportunity to bid on any contract being released by the Police Department. The Santa Ana Police Department has a policy that prohibits discrimination against any person because of race, color, creed, marital status, religion, age, sex, sexual orientation, national origin or disability in the award or performance of any contract. The Santa Ana Police Department will require its employees, agents and contractors to adhere to this policy. Elected Official Approval Elected officials may, at their discretion, reject, accept or modify any proposal recommended to it by the evaluation team. Immigration Laws Vendor shall take all steps necessary to ensure that all its employees and any sub- contractors are authorized to work in the United States as required by the Immigration Reform and Control Act of 1986. Other General Conditions Current Manufacture - Equipment furnished under this specification shall be standard products of manufacturers regularly engaged in the production of such equipment and shall be the manufacturer's latest design. All material and equipment offered shall be new and unused. All equipment shall be UL approved and shall meet FCC acceptance (A, B or both). • Prior Use - The Police Department reserves the right to use equipment and material furnished under this offering prior to final acceptance. Such use shall not constitute acceptance of the work or any part thereof by the Police Department. 19C -16 1 -9 SAPD Integrated Law Enforcement Solution RFP Chapter 1: Rules of Preparation Current Version - "Packaged" application and system software shall be the most current published or vendor's version in use, as of date of system delivery. Changes - No alteration in any of the terms, conditions, delivery, price, quality, or specifications of items ordered will be effective without the written consent of the Police Department. • Penalties - The Police Department may wish to include in the final contract penalty provisions for non - performance such as liquidated damages. Unavailability of Funds - If funds are not available to the Police Department, this award will be postponed, canceled or phased. The Police Department makes no guarantee by release of this RFP that any offerings will be selected and/or funded. • Background Checks - The successful vendor will be required to authorize the investigation of its personnel proposed to have access to non - public areas of the Police Department facilities. The scope of the background check is at the discretion of the Police Department. Proposed staff will be required to provide their full legal name, date of birth and social security number. Notice to Proceed— Will be issued after the Police Department receives the fully executed contract. Protest Process Any protest must be submitted in writing to the Chief of Police, Santa Ana Police Department, City of Santa Ana, 60 Civic Center Plaza, Santa Ana, CA 92702 before 5:00 p.m. of the 5th business day following City's notification of intent to award contract. Protester is responsible for ensuring timely delivery of protest. Hand delivered protests must be delivered to the front desk of the Police Department. The protest shall include a complete statement of the basis for the protest, and shall specify the basis for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party. The person filing the protest shall concurrently transmit a copy of the protest document, and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties include all other proposers who appear to have a reasonable prospect of receiving an award depending on the outcome of the protest. The burden of proof will be on the protesting party to demonstrate that staff's determination of the proposed "best quality responsive service at minimum cost" is arbitrary and capricious or "unsupported by substantial evidence in the record." 19C -17 1 SAPD Integrated Law Enforcement Solution RFP Chapter 1: Rules of Preparation If a timely protest is received, the Chief of Police, or designee, will review the protest and issue a written response to all interested parties within five (5) business days. The decision of the Chief of Police, or designee, will be final. The procedure and time limits set forth in this paragraph are mandatory and are the proposer's sole and exclusive remedy in the event of a protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filling a Government Tort Claim or legal proceedings. Key Events and Projected Dates Listed below are target dates by which the Police Department expects certain events to be complete: Release of RFP to Vendors ...... --- ........ ,.--- ... ...... ---- November 19, 2013 Proposal Submission Deadline (3:00 p.m.) ... -------------- January 17, 2014 Contract Negotiation Start Date March 1, 2014 19C -18 1.11 Chapter 2 Background and Vendor Response 19C -19 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Background and Vendor Response Background and Vendor Response General Background) The Police Department is located at 60 Civic Center Plaza, Santa Ana, CA 92702. The service population is approximately 330,000 people. The Project Manager is Commander Peter Semelsberger, who oversees the project team (comprised of key stakeholders from both the City and the Police Department). The City prefers Microsoft solutions, but is amenable to other options (i.e., UNIX). Recently, new servers were installed with Microsoft Windows Server 2008 R2 and new personal computers (PC's) with Windows 7 64 -bit. The network equipment is primarily provided by Cisco (using both TCP/IP and UDP /IP protocols). The majority of the databases are Microsoft SQL Server. New systems are relying on SQL Server 2008 R2. The current computer aided dispatch (CAD) system is IQ /CAD provided by Tiburon (the CAD is currently supported by a maintenance agreement with Tiburon). There are currently twelve (12) dispatch workstations, plus 150 mobile CAD workstations. In addition, all networked workstations have access to the CAD's web -based interface. Approximately 100 workstations have access to the CAD's instant messaging feature. Last year, the CAD processed approximately 150,000 calls for service. Key features include: Dispatchers are able to individually set their screen layouts including filters for incident and unit displays. These settings are saved by employee and by workstation (e.g. Empl @ Consolel; Empl @ Console2; Emp2 @ Consolel, etc.). Locations entered into CAD are verified automatically (i.e. without the need for any dispatcher intervention) the vast majority of time. This includes locations entered via the command line as well as from the mobile CAD client. This is facilitated in part by a highly customized set of georules and mapping slip files. 19C -20 2.1 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Background and Vendor Response • The CAD uses both points and ranges for verifying locations. Most specific addresses are tied to points, down the level of specific apartments within an apartment complex. • The CAD has a web -based interface for use throughout the Department. Through this interface, users can: monitor unit and incident statuses; search CAD history; create calls for service; and assign case numbers. • The CAD has a highly customized command line that was written in -house by Boris Duran (a former dispatcher who was promoted to managing the department's technical environment). • The CAD receives automatic vehicle location (AVL) data for units equipped with mobile data computers (MDC's). The system includes other common features such as silent dispatch; instant messaging; and automatic mapping of calls for service. About AFR and RMS Officers prepare their reports using templates and highly restrictive report writing software (which is available anywhere within the SAPD network, including patrol units and substations). The in -house developed report writing software (referred to as Incident Reporting 2.0, or IR2) is interfaced with the Tiburon CAD to allow the creation of reports, and import of select CAD data (persons, vehicles, dates, times, and locations). Once reports have been written, they are printed and manually given to supervisors for review and approval or rejection. Once approved, reports are sent to the records bureau where they are photocopied and distributed to the appropriate parties. The Department has a number of different solutions that are referred to as their Records Management System (RMS). However, none are provided by commercial vendors, and none are integrated with CAD, AFR, or JMS. The primary solution used for recordkeeping is a Microsoft SQL database with a graphical user front -end. It is a standalone application that requires manual entry of all data. Ultimately, records indexes (extracting case numbers; report types; and author information) and scans all police reports, using Laserfiche (which is also a standalone system). Another RMS- related application is "Case Tracking ". Originally developed in Microsoft Access, the application is now operated using Microsoft Access, with a Microsoft SQL database. The application allows records technicians to index select data fields from police reports, enabling basic searches. 19C -21 2 -2 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Background and Vendor Response The department uses an in -house developed property and evidence application, which is partially integrated with the report writing application (allowing for the creation of evidence packages from within the report writing software). In addition to tracking submitted articles, the application is also able to create and scan barcodes and labels. About JMS The Police Department facility includes a 512 bed jail (32 beds in a Transfer Hold area, 224 two -man cells, 32 one -man cells, and 2 dorms for an additional 32 beds). Currently, the department uses a jail management system (JMS) provided by ATIMS which was installed in 2012. The ATIMS solution was implemented under exigent circumstances (following the insolvency of the former JMS provider), resulting in a five year commitment to ATIMS. Therefore, the City could not replace ATIMS until, at the earliest, 2017. The following sections provide the framework for vendors to supply information to the Police Department regarding their company, proposed solution and pricing. Vendors are required to respond to all questions in one of two ways: (a) Provide information where requested directly in the spaces indicated; or (b) Provide information requested in an attachment clearly indicating the page number and item number to which responding Adherence to the format of the RFP is required. Vendors who omit responses may be deemed unresponsive and risk being eliminated. 19C -22 2 -3 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Background and Vendor Response Vendor Services Overview 1. Company Name: Local Address Serving The Police Department: Headquarters Address: Representative(s) — Please highlight the authorized negotiator: Name Title Telephone Email a. Company Information (1) How many years has the company actively participated in police dispatch systems? years (2) How many employees does the company have? Nationwide: employees In local office: employees (3) What was the prime vendor's annual gross revenue during the last previous three fiscal years? Fiscal Year 2004 2005 To Date (4) Provide a copy of the company's financial statements for the last two years. Y/N (5) Provide Dun & Bradstreet number 19C -23 24 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Background and Vendor Response 2. Please fill in the appropriate company name in the column next to the product or service to be provided by that vendor. Provided By (Vendor Name) a. Prime contractor /project management services b. CAD software c. RMS software d. AFR software e. JMS software f. Application software programs g. Integration h. Application software maintenance /support i. Training (describe) j. External system interfaces h. Other (describe) 19C -24 2.5 O C U 'b U P-i U n � � ctl U y b U O O U bA rYy M U �Uy W N U Y O Q" C W O O Y t to �H b � 4 O to � O U U U Y AIM � 3-n U � w Y O y � V �1 ro ^^I O ti w C H ti y � r G O tl �+ d � O O � � d ti O Y w V 1 N4 19C -25 N O O ti w � A h ti ti y � o � U U n U tl ;t O � � ti ti C w h ti 0 0 'p n s s U NNW Ada qU2 O 19C -26 P N s 0 w eq ti r o � u u n +� s s ,o <C ti ti ti s 0 s i s U �N h Q h '�C U !C r. 0 19C -27 op N Santa Ana Police Department CAD RFP Chapter 2: Vendor Response Software 1. Does the system provide the ability to modify items, (e.g., fields, elements, objects) visible to user based upon security? Y/N 2. Does the system have user definable fields? 3. Does the system provide a mechanism for data entry validation? Y/N Y/N 4. Is the application configurable to enable users to create their own new fields without vendor intervention? Y/N 5. Does the system allow for display or removal of data fields without customization? ffink 6. Describe, in detail, how configuration and /or customization changes are affected by subsequent releases. Z In an attachment, provide a list of planned enhancements with associated target release dates: Attached? Y/N 8. In an attachment, provide a three year plan for product development. Attached? Y/N 9. In an attachment, provide a complete list of all standard ad -hoc reports. Attached? Y/N 10. In an attachment, describe how ad -hoc reports are user configurable. Attached? Y/N 11. The City requires the Offeror to provide Entity Relationship Diagrams (ERDs), data dictionaries, and other data documentation/schematics for the system. Identify whether this information will be provided with the system and summarize the contents that will be provided. 19C -28 2.9 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response Attached? Y/N 12. Describe how the proposed system is in compliance with current CJIS and standard security practices, including a description of how the solution encrypts data transmissions (particularly NCIC). Attached? Y/N 13. The City prefers that the Offeror comply with the City's security procedures when accessing the system, which include the use of individual user accounts instead of generic role accounts, obtaining access authorization for each access instance, using Virtual Private Networking (VPN) where applicable, and not sharing passwords or other access information. Please explain how you plan on supporting and maintaining the system while meeting these preferences? Attached? Y/N 14. The City prefers that three system environments be established prior to cutover to live production: testing, training, and production. The testing environment will be used to test new versions, new data, and alternative configurations of the system both during implementation (e.g., for Functional Acceptance Tests) and post cutover to live operations. The system's training environment will also be used both during implementation (e.g., to train system users) and post cutover to live operations. The system's production environment must be fully tested and ready prior to cutover to live operations of the system and will be used as the main operational environment for the system. The three environments should be independent of each other meaning that transactions occurring in one environment will not impact or modify data contained in the other environments nor impact their performance (i.e., system response times and system availability). Please fully describe the equipment and software contained in each environment, when each environment will be frilly operational, and how system users and administrators will be able to access each of these environments. Attached? Y/N 15. Please describe in detail the process of initially installing the system's client applications on PC and mobile workstations, including all manually performed procedures (i.e., staff having to install or configure system components manually on each PC hosting the client applications. Attached? Y/N 19C -29 2 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response 16. Please identify the minimum and recommended MDC and PC workstation configurations necessary to effectively host the clients of the system. Offerors should note that the City will provide all required MDC -based and PC -based workstations along with all other required end user devices (e.g., printers, modems, docking stations, etc.). Attached? Y/N 17. Offeror shall describe their standards, policies, and procedures for the following: a. System software upgrades and updates b. Change control C. Configuration management d. System testing and releasing of new system software versions and major patches Attached? Y/N 18. With the exception of end user workstations, MDC workstations, other mobile devices, printers, and network/communication infrastructure, the City requires that Offerors include in their response to this RFP a "turnkey" system server configuration consisting of all computer equipment, interface equipment, server - related communications equipment, server- related cabling, server - related terminals, server - related workstations, server - related printers, files, operating system software, application software, database management systems, databases, etc., necessary to meet the functional and operational requirements of this RFP. Please explain how the proposed system complies with the specified "turnkey" requirements and identify any exceptions. Attached? Y/N 19C -30 2.11 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response System Interfaces I. Is there a seamless interface between the proposed CAD, RMS, AFR, and mobile devices? Y/N 2. Has the vendor previously interfaced with the California Law Enforcement Telecommunications System (CLETS)? Y/N 3. Has the vendor previously interfaced with the California Department of Justice for submitting criminal statistics (UCR and/or NIBRS)? If so, confirm that the vendor is certified by the State for such purposes. Y/N 4. Do the applications employ the XML standard for external interfaces? Y/N 5. Unless otherwise specified, the City will collaboratively develop a single data exchange schema for each of the required data exchanges (interfaces). XML- based, NIST, National Information Exchange Model (NIEM) conformant exchanges are preferred. Although not all of the data elements agreed upon for a specific data exchange (interface) will contain data in each exchange instance, the City will strive, with the system Contractor's assistance, to maintain a set of consistent and valid data exchanges across all of the system's interfaces. The intent is to keep the interfaces and data exchanges as simple and as standardized as possible. Please explain, in an attachment, how you will participate in this process? Attachment location 6. The City prefers that proposals conform to criminal justice standards including but not limited to Department of Justice's (DOJ) National Information Exchange Model (NIEM)l, Global Justice Reference Architecture (JRA)2, and standards developed by the National Institute of Standards and Technology (NIST)3. In particular, the JRA provides a framework for decision making about information sharing solutions by defining highly adaptive justice system service oriented architecture (SOA). Please describe, in an attachment, how the proposed system will conform to these standards? Attachment location 7. The City will be responsible for providing adequate network connectivity between the system and the external systems and databases interfaced to the system as described herein. Please identify in your response to this requirement, the bandwidth requirements between the system and externally interfaced t httu: / /www.niein.pov/ 2 http: / /it.oip.pov /default.ispx ?area= nationillniciatives8cnag� 1IO 5 3 littp://www.nist.go 19C -31 2.72 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response systems and databases necessary to effectively accomplish the interfaces. Where the network requirements for a specific interface differ from the requirements identified in the response to this Paragraph, the specific network requirements for the interface should be described in the response /explanation for that interface? Attachment location 8. The City prefers a system that performs any required data formatting and transformation for exchanging information (e.g., discrete data, data streams, files, images, etc.) between system databases and external systems and databases. Please describe how the proposed system will provide this functionality? Attachment location 9. The City desires a system that is able to notify users if access to an interface or interface network is unavailable. Please confirm that your solution provides such functionality? Y/N 10. Please fill in the requested information in the columns next to the interfaces that Offeror has successfully implemented between the proposed system and the listed system: 19C -32 2 -13 Vendor(s) Client Site(s) Client Contact (1) ATIMS JMS (2) CLETS (3) AFIS (4) Coplink (5) GIS (6) CopLogic 19C -32 2 -13 Licensing SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response The City strongly prefers a site license. Confirm that your company offers site licensing? If so, please provide details below. If not, use the space below to describe your company's approach toward licensing (recognizing that failure to offer site licensing will severely limit the likelihood of the proposal being deemed acceptable). 19C -33 Y/N 2 -14 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response Computer Hardware Although a complete "turnkey" system server configuration is required, the City retains the right (i.e., option) to purchase any of the equipment, operating system software, databases, and third party software included in the Offeror's response to this RFP directly from City sources. Should the City exercise its option to purchase any of the equipment, operating system software, databases, and third party software included in the Offeror's response, it will purchase only equipment and software meeting the Offeror's specifications. Please identify and describe any impacts in terms of support or costs stemming from the City exercising this option. Attached? Y/N 1. Server Equipment Requirements Please provide the minimum required hardware configurations for each system component that will function as a server (e.g., application server, database server, file /print server, message switch). a. System Information (1) Vendor (2) Model b. CPU (1) Type (Current/Projected) (2) Speed (Current /Projected) c. # CPU's (1) Minimum Required (Current/Projected) (2) Recommended (Current/Projected) d. Memory (1) Minimum Required (Current/Projected) (2) Recommended (Current /Projected) e. Disk space capacity4 (1) Minimum Required (Current /Projected) (2) Recommended (Current/Projected) f. Disk Array Configuration Proposed? Y/N (1) RAID Level(s) supported Retaining at least 36 months of detailed incident data for CAD servers. 19C -34 2.15 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response (2) Hot - swappable drives /components included Y/N (3) Automatic, on -line data recovery supported Y/N g. Number of users supported h. Number of transactions supported per second i. Indicate any additional servers in the same product line that represent fully software compatible systems for future growth and capacity. 2. User Workstation Requirements — CAD Workstations Please provide both the minimum required and recommended configurations for user workstations that will allow for proper performance of all proposed application functionality. a. CPU Type /Speed (1) Minimum required (2) Recommended b. Memory (1) Minimum required (2) Recommended c. Disk Space (1) Minimum required (2) Recommended d. Display resolution(s) (1) MinimLun required (2) Recommended (3) Supported e. Other hardware (1) Required (2) Recommended f Operating System(s) (1) Recommended (2) Supported g. Additional applications /software 19C -35 2 -16 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response (1) Required (2) Recommended 3. User Workstation Requirements — Desktops and Laptops /Mobile Devices Please provide both the minimum required and recommended configurations for laptops and /or mobile devices that will allow for proper performance of all proposed application functionality. a. CPU Type /Speed (1) Minimum required (2) Recommended b. Memory (1) Minimum required (2) Recommended c. Disk Space (1) Minimum required (2) Recommended d. Display resolution(s) (1) Minimum required (2) Recommended (3) Supported e. Support for touch screens (1) Minimum required (2) Recommended (3) Supported f. Other hardware (1) Required (2) Recommended g. Operating System(s) (1) Recommended (2) Supported h. Additional applications /software (1) Required 19C -36 2.17 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response (2) Recommended Implementation 1. Methodology a. Attach an implementation plan and schedule for a project of similar size and complexity that your company has completed with your offering response. b. Attach a Microsoft Project workplan to the offering that includes the following: • Specific milestones and deliverables • Estimated milestone completion dates • System design and implementation plan • Software integration and installation plan • Detailed test plan • Detailed training plan • Follow up and evaluation plan c. What software modules are typically grouped and installed together? d. What amount of elapsed time in months is typically required to implement a project of this size and complexity? 2. Installation a. Describe the software installation services included in this offering. b. Describe all customer installation responsibilities. 19C -37 2 -1$ SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response c. Is software installation performed at the client site or at the vendor's offices? Y/N d. If software installation is performed at the client's site, is vendor staff on- site to perform the installation, or is it accomplished remotely? e. Define the required Police Department staff and related training during implementation, testing and recurring support of the proposed solution: f Upon completion of the system design, development, integration and installation, and prior to the start of the functional systems test, the Police Department requires that vendors conduct unit tests of all software to demonstrate to the Police Department Project Manager or designee satisfaction that the system and its components meet all required functionality and adhere to the specifications and procedures incorporated in the RFP and that the system operates as defined by the RFP. Describe any objections: 3. Certification, System and Acceptance Testing a. The selected vendor is expected to jointly develop mutually agreeable system certification, acceptance and testing procedures. Please describe your approach to such procedures. 4. Implementation Team Resources a. Describe how you propose to supplement the Police Department's project team. Describe the project organization for implementation, including: • Project organization chart clearly illustrating lines of authority • Number of resources, the role of each individual, and expected duration and cost of service for each individual • Identification of the (Prime) Vendor project manager responsible for day -to -day operations for the project and on -site activities ■ Identification of the technical lead for the project, who will play the primary hands -on leadership role in all technical aspects of the project Include a resume for each member of the proposed implementation team. 19C -38 2.18 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response Training Training shall be a combination of direct and "Train the Trainer" method and shall be provided to Police Department personnel who shall be responsible for ongoing training of all Police Department end users. In addition, supervisory levels will receive training tailored to their purposes, as will the systems staff responsible for administering and maintaining the system. Vendors may propose an alternate training configuration or approach, so long as the training goals are achieved. 1. In summary, describe the training courses, type (e.g., lead instructor, interactive CD), and associated hours which are included with the proposed system? 2. How many hours and /or days of training are typically required for a comparable sized customer? 3. Please list the number of training hours required to reach functional competency for each of the following roles. Police Officer Dispatcher Records Clerk Detective Jailer Manager System Administrator 1. Can training be scheduled to accommodate multiple shifts and alternative working hours? Y/N a. Is there an additional cost associated with this training approach? Y/N 19C -39 2.20 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response 4. Indicate the hardware and software training included in this offering. All training costs should be identified in the Pricing Fonns section. Recommended number of: Hours Course Description Persons On -Site Off -Site System Administrator Hardware operations and System Management: System Administrator System Software and Utilities: Direct Training to Dispatchers: Help Desk Training: Train - the - Trainer Training (acceptable for RMS, AFR, and JMS): 19C -40 2 -21 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response Recommended number of: Hours Course Description Persons On -Site Off -Site Other: Total a. All data (i.e., incident codes, geo- codes) used in the training examples shall be the actual system and data developed for the Police Department by the vendor. Please note any objections: 5. Training manuals must include the following: a. Instructor Manual(s) Y/N b. Student Training Manual(s) Y/N c. All manuals in MS Word format Y/N d. All manuals in other media format (PDF) Y/N e. Master videos or DVDs of recorded training Y/N 19C -41 2.22 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response Documentation 1. Is the Information Model (e.g., data dictionaries and schema information) provided to clients for all databases? Y/N If yes, describe how and in what form the Information Model is made available to users. That is, is it on CD, the web, hardeopy, etc? Z Ability to maintain on -line user - defined documentation and procedures: a. Provide spell /grammar check capability Y/N b. Searchable by key words Y/N c. Download information from existing text files Y/N d. Glossary of terms Y/N e. Standard operating procedures Y/N f. Policies Y/N g. Statutes and codes Y/N 3. Ability to track User name and revision dates when on -line Y/N user documentation is revised/changed 4. A full set of user documentation should be available detailing the functionality of each application. User documentation should be in narrative form and should be understandable to non - technical users. Also, an on -line version of this documentation is desired to allow key word searching to facilitate location of the needed text. a. On -line context - sensitive help functions Y/N b. On -line user - friendly tutorial Y/N C. Site - specific on -line documentation and user guide Y/N d. Keyboard templates Y/N e. Field level help YIN f. Flyover messages Y/N 19C -42 2.23 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response 5. A full set of technical documentation describing systems design, operations, troubleshooting, and performance tuning should be made available to the systems administrator. a. Dispatcher's Guide Y/N b. System Manager's Guide Y/N C. Other (please describe) 6. The Police Department will require the selected vendor to place all source code in a third party escrow account. The account most include all historic and current software releases, documentation for the duration of the Police Department's ownership of the vendor supplied products and the Department must reserve umnitigated access to the source code for Department -only usage. Vendor agreement: Y/N 19C -43 2.24 SAPD Integrated Law Enforcement Solution RFP Ghapter 2: Vendor Response Warranty, Support and Maintenance Complete the warranty and maintenance matrix below based on your proposed approach. Complete one matrix per vendor offering warranty /maintenance services. What are the hours of maintenance coverage (after the warranty expires)? Warranty /Maintenance Services: • Telephone Support l(Y/N)9 • Toll Free "800" number (Y/N)? • Remote dial up software diagnostics (Y/N)? • Automatic monitoring of system (Y/N) ?'' • Updates, enhancements and bug fixes included (Y/N)? • How often are enhancements provided ?' • User group membership (Y/N)? • - Newsletter (Y/N)? Service /Support Response Time (hours): • - Via telephone /modem - Average? - Guaranteed? • `' On -site Average? Guaranteed? On -Call "After Hours" Services (e.g., M -F 1800 - 0700): • Hourly rate for service personnel? • Minimum hours charged? How many years will you guarantee support of the proposed software? 19C -44 2 -25 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response 1. Please answer the following regarding the preceding matrix: List any exceptions or limitations to your proposed warranty /maintenance services for the software as indicated within the matrix. 2. System Maintenance and Operation a. What are the Police Department's obligations following a new release /major redesign of an application? b. The Police Department requires that backup and archiving must not require system interruption. Confirm that your solution meets this requirement. Y/N C. Define a plan for daily, weekly, monthly backup and archiving: d. Does the vendor mandate the installation of new releases? Y/N (1) How soon? Months (2) Is there an additional charge for the new release? Y/N (3) Is conversion assistance provided, if necessary? Y/N (4) Is new documentation supplied? Y/N (5) Is additional training provided? Y/N (6) Is maintenance continued for the old release? Y/N (7) If yes, for how long? Months e. Describe your policy and timing for dropping support of client operating system(s), server operating system(s) and database versions. f. List contact names, phone numbers and addresses for user groups that focus on elements of the proposed solution set. 19C -45 2.26 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response g. Describe problem management and escalation procedures. h. Does the system provide knowledge base keyword search capability to facilitate a search of the knowledge base to facilitate problem resolution? Y/N Describe the support knowledge base format (e.g., web site, distributed media). 3. Post Implementation Support Support after the new software is introduced is as important to the Police Department as implementation assistance. Please describe post - implementation system support, including the following: a. Transition from implementation team to another party (if appropriate)? Months b. Describe all parties with which the Police Department would be working. c. Response procedures for priority vs. non - priority calls d. Hours of service: e. Remote site support: 19C -46 2 -27 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response f The Police Department anticipates a comprehensive support agreement to be forged with the finalist vendor. Please identify your proposed recurring support plans, with associated pricing: g. In an attachment, please include copies of your standard maintenance agreement(s) with option plans shown. Location of attachment: h. Describe how switching between versions and portions of software, will be handled: i. Describe the procedures for trouble notification: 19C -47 2 -28 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response j. Describe the procedures for customer initiated trouble reporting, status tracking and correction: k. Describe the procedures for using the 24 -hour hot line service: 1. Describe any software or hardware used to assist in technical troubleshooting (indicate any costs in the Pricing Forms): 19C -48 2.29 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response Pricing Forms This section requires a detailed price breakdown for the proposed systems. Vendors should provide all prices as firm fixed amounts, except where requested on a different basis. All prices must be detailed. No additional charges (e.g., for sales tax, transportation, container packing, installation, training, out -of- pocket expenses) will be allowed unless so specified. Vendors must complete all applicable price pages in this section or risk disqualification. Total Solution Cost Summaries 2, Computer Hardware 3. Computer System Software 4. Application Software (Base Software and Options) 5. Other Implementation Costs Additional Recommended Software /Services 19C -49 23® SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response I. Total Solution Cost Summaries Provide a summary of costs associated with the proposed system. Any entries in this table should agree with the corresponding detail pages. One -Time Costs Description One -Time Price Applicable Tax (8.00%) Total Price Computer Hardware Computer System Software Application Software Other Implementation Costs Additional Recommended Software /Services TOTAL PRICE Recurring Costs Description Recurring Price Applicable Tax (8.00 %) Total Price Computer Hardware Computer System Software Maintenance Application Software Maintenance Recurring Costs on Additional Recommended Software /Services TOTAL PRICE 19C -50 $ 2 -31 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response 2. Computer Hardware List all of the hardware required. The TOTAL PRICE entries in this table should agree with the Computer Hardware Total Price in the Total Solution Cost Summaries tables. Annual Applicable Maintenance Description Qty Price Tax (8.00 %) Total Price Expense TOTAL PRICE $ 19C -51 2.32 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response 3. Computer System Software List all of the system software required. The TOTAL PRICE entries in this table should agree with the Computer System Software Total Price in the Total Solution Cost Summaries tables. Applicable Annual Tax Maintenance Description Version# Qty Price (8.00 %) Total Price Expense TOTAL PRICE $ $ 5 Any system utilities other than the operating system or database. 19C -52 2 -33 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response 3. Application Software (Base Software and Options) List all the application software required. Also, indicate which modules are optional. The TOTAL PRICE entries in this table should agree with the Application Software Total Price in Total Solution Cost Summaries tables. Applicable Annual Tax Maintenance Description Version# Qty Price (8.00 %) Total Price Expense TOTAL PRICE $ 19C -53 2.34 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response 4. Other Implementation Costs List all other costs associated with the system implementation. Prices not identified will not be accepted in a final contract. The TOTAL PRICE in this table should agree with the Other Implementation Costs Total Price in the One -time Costs table. Description Price Applicable Tax (5.00 %0) Total Price Software Modification/Customization Installation Systems Integration Project Management User Training Technical Training Documentation Data Conversion Out -of- Pocket- Expenses Photo - Related Hardware Other TOTAL PRICE 19C -54 2.35 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response 5. Additional Recommended Software /Services Provide information and pricing estimates for any additional optional software and services that vendor suggests the Police Department might consider as part of this procurement. The TOTAL PRICE entries in this table should agree with the Additional Recommended Software /Services Total Price in the Total Solution Cost Summaries tables. Description Price Applicable Tax (8.00 %) Total Price Annual Maintenance Expense (if any) TOTAL PRICE $ $ $ $ a. Assumptions used to determine estimated optional prices are provided in an attachment? Y/N For any item or service not specified in this solicitation, what are your hourly rates? Training Programming Design Conversion Installation Other 19C -55 2.36 SAPD Integrated Law Enforcement Solution RFP Chapter 2: Vendor Response Exceptions to Terms and Conditions Please describe in detail any exceptions to RFP terms and conditions. 19C -56 2 -37 Chapter 3 Functional Response 19C -57 SAPD Integrated Law Enforcement Solution RFP Chapter 3: Functional Response Chapter Functional Specifications The City requires vendors to respond to the functional specifications in electronic form, using the Microsoft Excel workbook, below. ti Functional Specifications Instructions For each requirement, select a response from the "Vendor Response" column to inform SAPD the degree to which your company will fulfill the requirement. The following defines what each of the five response codes represent in both definition as well as point value: Vendor Response Codes Definition RFP Point Value A Existing: The requirement will be met by proposed 5 existing software that is installed and operational at other sites. An "A" response to any requirement signifies that the proposed system meets the requirement in a seamless manner. Indirect or implied solutions will not be coded "A ", nor will functionality that is a configuration option for the client. B Configuration: Requirement will be met by 4 configuring existing software. All configuration work specified under this response code must be fulfilled entirely by the vendor. 19C -58 3.1 SAPD Integrated Law Enforcement Solution RFP Chapter 3: Functional Response C Future Version: Requirement will be met by 3 C software that is currently under development or in 4 Beta test. Vendors must agree to have the developmental functionality in productive use in another client site for at least six (6) months prior to installing the product in the SAPD environment. I All requirements marked by this code must be 2 provided to SAPD no later than the beginning of the Functional Test period for the product. D Third Party: Requirement will be met by the use 2 of proposed software tools, such as a report writer, R query language or spreadsheet. 1 E Customization: Requirement will be met by major 1 modifications to existing software or by new custom software programming. F Not Available: Requirement cannot, and will not, 0 be provided. Rank SAPD Prioritization of Requirements Legend Weight of Importance C Critical (Designated by the red box, with the letter 4 'C' next to the requirement): This requirement is critical to the Department, and the vendor's response to this requirement will be multiplied by a factor of four (4). I Important (Designated by the orange box, with 2 the letter T next to the requirement): This requirement is important to the Department, and the vendor's response to this requirement will be multiplied by a factor of two (2). R Routine (Designated by the yellow box, with the 1 letter 'R' next to the requirement): This requirement is considered to be a routine requirement to the Department, and the vendor's response to this requirement will be multiplied by a factor of one M. 19C -59 3 -2 � C O O y � 16 � O � C O O LL W 3 r J R t mU m `m m C V C O L ti ^O o b C. N M 'o ) O cnv co o i U p .° d t4 ' c y V b0 Y on Cd cd o n al o o bO y N cdy O V] 'd cG • [,• p aJ ."�' p.� O y r LO �y1 {O� �% V ° mt '� ° ° U °� ° o ro U N a�i •� Zz1 bJ% 'b ° O bbo O N 3 rn " ° A .° b ° o o Q 4, w p . � ° cd r-. cd 3 S; b���b�a. yC�•Cy d ° N cd O O •� > ',� s. d N O � }.i � ° y A HO ryOy w bb ° +' A W id W O N o 'O td O i.i V O wr �. 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I 19C -154 o w O w � Y � O � O O Pa b � yy � Y O N Cd x CIO wz o � 0 CIO o z z� z lc� 19C -154 EXHIBIT A CERTIFICATION OF NONDISCRIMINATION BY CONTRACTORS As suppliers of goods or services to the City Of Santa -Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding nondiscrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees within the company. 2. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 19C-1 55 EXHIBITS PAGE SAPD Integrated Law Enforcement Solution RFP RFP Exhibits EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (3 0) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Named Insured this endorsement form as a part of COUNTERSIGNED BY Authorized Representative 19C-1 56 EXHIBITS PAGE 2 SAPD Integrated Law Enforcement Solution RFP RFP Exhibits EXHIBIT U.S. DEPARTMENT OF JUSTICE y OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER Lois Applicants sboulf refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification Included in the regulations before completing this form. Signature of this for provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro- comment) and Governmanl -wide Regmu ornents for Drug-Free Workplace (Giants),* The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. IIES.7 3fd'I@re As earned by Section 1352, Lille 31 of the U.S. Coda, and implemented at 20 CFR pert 69, for persons entering Into a grant or cooperative agreaniont over $100,000. as pairnad at 28 CFR Part 69, the applicant certifies that (a) No Federal appropriated more have race paid or will be field. by or on behalf of file undersigned, to any person for In- femesing or atten plat, to Influence an offiroa or employee of any agency, a Member of Congress, on officer or employee of Congress, or an employee of a Member of Congress In con - nectlon with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement: (b) If any funds other [Iran Federal appropriarad tunes have been paid or will be paid to any person for ingusnaing or aP tempting to Influence an officer or employee of any agency, a Member of Congress. an in icer or employee of Congress, or on employee of a Member of Congress in connection with this Federal grant or cooperative agroemont the undersigned shall complete and submit Standard Form ILL. 'Disclosure of Lobbying ActNiflesP In accordance with Its Instructions; (c)1'he wtderelgned @fail require that the language of this car - priention be Included in the award documents for all subawarda at an tiers (including subgrants, contracts under grants and cooperative agreements, and subconlracls) and that all %do- aspienia shall coldly and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suapenaiaa, and implomented at 26 CFR Part 67, for prostac- tive participants in primary covered transaction., as defend ai 28 CFR Part 67, Section 61 A. The applicant certifies that It and its minepale (a) Are not presently debarred, suspended, proposed tar debar irent, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered trammel". by any Federal department or agency; fb) Have not within a three -year period preceding thia a civil paira- tion been convicted of or had a vil judgment rendered against then) for cealrmoslon of fraud or a criminal offense In connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation at Federal ar Slate antitrust statutes or commission of embezzlement, theft, forgery, bribery, faleifioetwe or dust ruoften of records, making false statements, or receiving stolen property; (c) Are not presently Indicted for or otherwme criminally of civilly charged by a governmental entity (Federal. Slate, or local) with commission of any of the offenses enumerated In paragraph (t)(b) of this certification; and (d) Have not within a three-year period preceding this appliaa- han had one or more public Irammidlons (Fedami, State, or local) terminated for cause or dafauitl and B. Where Ilia applicant Is unable it) certify to any of the statements In this certification, he or she had attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHERTHAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and Implemented at 28 CFR Part 67. Subpart F, for grantees, as defined at 28 CFn Part 57 Sections 67.615 and 67.626 - A. The applicant candies that it will or will continue to provide a drug free workplace by (a) Publishing a statement notifying employees that the unlawful manuf acture, distribution, dispensing, possession, or use of a cantroied coherence is prohibited In the grantees workplace and spectying the fictions that will be taken against employees far violation of such prohibition; (b) Establishing an ongoing drug -Gee awareness program to inform employees about-- - (1) The dangers of drug abuse In the workplace: (2) The grantee's policy of murruceing a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The peneltlos that may be imposed upon employees for drug abuse violations occurring in the workplace; hd Making it a requirement that each employee to be engaged in the perlormancs of the grant be given a copy of the steta- myth required by Paragraph (a); (if) Notftying the employee in the statement required by paia- graph (a) that as a condition of employment antler tiro grant, the employee win- 19C-1 57 EXHIBITS PAGE 3 (1) Abide by the terms of the statement; and (2) Notify the employer In writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Nniifying the agency, in writing, within 16 calendar days after receiving notice under subparagraph (d)(2) from an employee er nth prood, mcaiving dollar noun. of such comic -fan. Employers of convicted employees must provide notice, including position title, to: Department Of Justice, Oflics of Justico Pmgrams, ATTN: Control Desk, 6,13 Indiana Avenue, N.W., Worthington, D.C. 20531. Notice shall Include the loan - tifemAc n number(.) of each affected grant; If) Taking one of the following actions. within 30 eafendar day. of rsneivbtg notice under subparagraph (d)(2), with respect to any employee who is so ronva ed- (1) Taking appropriate personnel action against auah an enslaved, up to and including tcrmi arum, consistent with the requirements of the Robabilimarm Act Of 1973, as amended; or (2) P.quiring.uch employoe to participate satisfactorily in a drug abuse aacistaned or mbahllitafion program appmend far such purposes by a Federal, State, or Ideal tough. 1. incurred. melt, or other appropriate agency; (g) Making a good truth effort to continue ht maintain a drug free workplace through Implementation .l paragraphs (e), (b), (r), (d). 10). and (t). S.Tho grantee may insert In the space pevil i d below the stta(e) for the performance of work done In connection with the specific y.at' Piece of Performance (Street declared, cry, county, state, sip code) SAPD Integrated Law Enforcement Solution RFP RFP Exhibits Check ❑ 11 there are workplaces on file that are not indeatified hare. Section 67.030 of the regulations provides that a gramee that m is a State may elect to make one certification is each Federal fiscal year. A copy of which should be Included with each ap- plication for Department of Justico funding. States and State ege bilge may elect to use OJP Form 406117. Chock O if the State has olerlad to complete ON Form 4061P. 0RUG-FREE WOH KPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by me Drug -Rem Workplace Act of 1909, and Implemented at 23 CFR Part 67, Subpart R tar grantees, Oa do6ned at 20 CFR Part 67; Sections 6].615 and 67.620 - A. As a condition of the grant, I noddy that I will not engage In the nniawlbi manufaolcm, dlainbutlon, deposited, poses- start. a, ar use of a c artrolletl s i a mm. in conducting any activity with the grant; and S. If convicted of a criminal drug cannro resulting from a violation occurring during the conduct of any grunt activity, I will report ilia conviction, In writing, within 10.$ends, days Of the conviction, to: Department of dostica, Office of Jostfre Programs, ATl'N', Central East, 633 Indian. Avenue, N.W. Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above cartlficallara I. GmNee Name and Address: 2. Application Number and /or Protect Name 3. Grants. IRSIVeame, Number 4. Typed Name and Title of Authorizad Rapresenedive 5. Signature 19C -158 S. Dare EXHIBITS PAGE 4 REQUEST FOR COUNCIL • CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: REQUEST FOR PROPOSALS FOR FEDERAL EMERGENCY SOLUTIONS GRANT FUNDED HOMELESS EMERGENCY ASSISTANCE CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Community Development Agency to release a Request for Proposals to tax - exempt non - profit corporations that provide services for homeless and at -risk of homelessness that are eligible under the federal Emergency Solutions Grant (ESG) program. The City receives approximately $500,000 in federal grant funds annually through the United States Housing and Urban Development Emergency Solutions Grant Fund (ESG) for homelessness assistance. These funds are incorporated into our Consolidated Annual Plan along with other federal resources allocated to the City to address priority housing and community needs. They can be used to fund a variety of services including street outreach, homeless shelter services and operations, homeless prevention, rapid re- housing, and housing relocation and stabilization services. Last year, the City allocated $488,004 to 16 organizations operating 21 programs. Staff is requesting authorization to distribute a Request for Proposals (RFP) (Exhibit 1) for eligible projects and activities for Santa Ana individuals and families who are homeless or at risk of homelessness. The Emergency Solutions Grant timeline includes: • November 20, 2013 Release of RFP for Emergency Solutions Grant funding • December 18, 2013 Proposals due back to the City • December 17, 2013 Request for Community Redevelopment and Housing Commission to appoint two representatives to serve on the ESG application review panel • January 2014 Proposals sent to application review panel • February 2014 All day interview of applicants, including a funding recommendation at the end of the day 19D -1 RFP Emergency Solutions November 18, 2013 Page 2 • February 2014 Memo to City Manager and City Council informing of recommendations • March 2014 Notification letter to applicants informing of award recommendation and council award date • March /April 2014 City Council to award Emergency Solutions Grant funds • April 2014 Award letter to applicants Notices of funding availability will be placed on the City's website, published in a general circulation newspaper, and directly mailed to local nonprofits which have previously shown an interest in homeless services. The selected nonprofit(s) will be required to match dollar- for - dollar the ESG funding provided with funds from other public or private sources. Grant funds will be provided for the fiscal year starting July 1, 2014 through June 30, 2015. Following review of all proposals, the recommendations will be submitted for City Council's final approval. FISCAL IMPACT There is no fiscal impact associated with this action. Community Development Agency NF /TE /kg Exhibit 1: Request for Proposals 19D-2 Exhibit 1 City of Santa Ana Emergency Solutions Grant Application Packet for Program Year 2014 -2015 City of Santa Ana Community Development Agency -M25 20 Civic Center Plaza. 6th Floor Santa Ana CA 92701 19D-3 INTRODUCTION The City of Santa Ana is requesting applications from tax - exempt non - profit corporations that provide services for the homeless and at -risk of homelessness that are eligible under the federal Emergency Solutions Grant (ESG) program. Grant funds will be provided for the time frame of July 1, 2014 through June 30, 2015. REQUIREMENTS FOR FUNDING Eligible Projects and Related Activities ES funds may be used for projects which include: • Street Outreach o Essential Services • Engagement • Case Management • Emergency Health Services • Emergency Mental Health Services • Transportation • Services for Special Populations • Shelter o Essential Services • Case Management • Child Care • Education Services • Employment Assistance and Job Training • Outpatient Health Services • Legal Services • Life Skills Training • Mental Health services • Substance Abuse Treatment Services • Transportation • Services for Special Populations • Shelter Operations • Renovation (The City will not be funding this activity type) • Homeless Prevention • Housing Relocation & Stabilization - Financial Assistance • Application Fees • Deposits • Last Month's Rent • Utilities • Moving Costs • Housing Relocation & Stabilization- Services • Housing Search and Placement • Housing Stability Case Management ■ Mediation ■ Legal Services • Credit Repair (This does not include payment of debt) • Short- and /or Medium -Term Rental Assistance • Rapid Re- Housing c Housing Relocation & Stabilization - Financial Assistance 1 19D-4 • Application Fees • Deposits • Last Month's Rent • Utilities • Moving Costs Housing Relocation & Stabilization- Services • Housing Search and Placement • Housing Stability Case Management • Mediation • Legal Services • Credit Repair (This does not include payment of debt) o Short- and /or Medium -Term Rental Assistance • Data Collection (HMIS) • Administration (The City will retain administration funds to administer and monitor the overall ESG program) SPECIAL NOTE: Applicants should be aware that if funds are awarded to organizations performing these activities, the City may modify the budget submitted in the application in order to fund certain eligible costs with ESG funds. With the exception of Homeless Prevention, which must serve "at risk of homelessness ", the other programs must serve "homeless" Santa Ana residents. HUD has determined specific definitions for each group. Please refer to Title 24 CFR 576.2 for the definition of "at risk of homelessness" and Docket No. FR- 5333 -F -02 for the definition of "homeless ". Links are also provided below. "at risk of homeless" - http: / /eefr.gpoaccess.gov " homeless "- htti): / /www.hudhre.info /documents /HEARTH HomelessDefinition FinalRule.Ddf Organization Requirement Only nonprofit organizations in good standing with the California Secretary of State and Attorney General will be eligible for ESG funding. All nonprofit applicants must be able to document 501(c)(3) status at the time of application. Applicants whose status is pending at the time of application will not be considered for funding. Non - profit status will be checked by city staff with the following websites. The City recommends that organizations visit these sites to confirm their non - profit status so that any issues can be addressed prior to application submittal. Secretary of State of California Internal Revenue Service http: / /kepler.sos.ca.gov /list.html http: / /www.irs.gov /ate /pub -78/ All applicants approved for ESG funding will be required to obtain a minimum of $1,000,000 general liability insurance and Workers' Compensation insurance for all employees throughout the term of the contract. In addition, the City must be listed as additionally insured via an endorsement stating that it is primary and noncontributory. This requirement will also apply to those companies contracted or sub - contracted by the applicant. If funded, organizations will also need to comply with several federal requirements. For more information on these requirements organizations may view the following websites. 2 19D -5 Emergency Solutions Grant Regulations http: / /ecfr.gpoaccess.gov (select Title 24 >select 500 - 599 >select 576) HUD ESG Webinars http: / /www.hudhre.info /esg /index.cfm (scroll down to webinars and click on HUD HIRE Learning Center. Then select Emergency Solutions Grant (ESG) Program for a list of webinars) Database Requirements Recipients of ESG funds will be required to participate in the local Homeless Management Information System (HMIS). HMIS is a system for tracking the use of homeless programs and producing an unduplicated count of the people using those programs. In addition to participating in HMIS funded organizations, as part of the agreement with the City, will need to allow certain data sharing in HMIS to ensure duplicate services are not being provided. In the course of awarding grants or implementing programs under this title, [HUD] shall instruct any victim service provider that is a recipient or subgrantee not to disclose for purposes of the Homeless Management Information System any personally identifying information about any client. The Secretary may, after public notice and comment, require or ask such recipients and subgrantees to disclose for purposes of the Homeless Management Information System nonpersonally identifying information that has been de- identified, encrypted, or otherwise encoded. Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this subsection for victims of domestic violence, dating violence, sexual assault, or stalking. Additional Requirements The City has the discretion to limit funding of activities beyond those limitations placed by HUD. Organizations may not use ESG funds for the purchase of capital assets or undergo capital improvements. Each sub - grantee must match dollar- for - dollar the ESG funding provided with funds from other public or private sources. ESG funds provided from another source may not be used as matching funds for Santa Ana ESG awards. This application will be available for public display; therefore do not include any information that is subject to state or federal confidentiality regulations, for example, an address to a domestic violence shelter. ESG is a reimbursement grant and reimbursements requests are allowed on a quarterly basis, therefore organizations must have enough working capital to continue services until a reimbursement request can be processed by the City. 3 19D-6 EMERGENCY SOLUTIONS GRANT PROGRAM CITY OF SANTA ANA, CALIFORNIA APPLICATION FOR SUBRECIPIENT PROPOSALS FY 2014 -2015 PROGRAM DUE DATE: December 18, 2013 Applications (one hard copy) must be returned to the address below NO LATER THAN 5 P.M., DECEMBER 18, 2013; ABSOLUTELY NO LATE APPLICATIONS WILL BE ACCEPTED (NO FAXES OR ELECTRONIC VERSIONS). We recommend that applications being mailed be sent as certified mail with a return receipt to document delivery date. Those who deliver the application in person should request a delivery receipt. City of Santa Ana ESG Administration Community Development Agency M -25 20 Civic Center Plaza, 61" floor Santa Ana, CA 92701 Do not add extra pages or attachments unless instructed to do so. Any supplemental material such as letters of support, press clippings, etc., will not be accepted as part of this application submittal. Limit responses to the space provided — any additional narrative beyond the provided space will not be considered. Submit one complete application for each proposed program. ❑ Application Form ❑ Program Budgets (Funded Personnel, Current Budget, and Prior Budget) (Attachments 1 (a -c)) ❑ IRS Non - profit Designation Letter (Attachment 2) ❑ Form 990 (Attachment 3) ❑ Current/proposed client eligibility intake form (Attachment 4) ❑ Board of Directors, By -laws and Articles of Incorporation (Attachment 5) ❑ Conflict of Interest Questionnaire (Attachment 6) NOTES: Failure to provide all required information will cause this application to become invalid and will not be considered for funding. The City reserves the right to withdraw consideration of this application if evidence of compliance is not provided or if compliance status changes during the application process. The City reserves the right to waive a requirement if it is determined to be in the best interest of the City. 4 19D-7 ESG 2014.2015 APPLICATION FORM DUE DATE: 5:00 p.m., December 18, 2013 THIS APPLICATION IS FOR: (PLEASE CHECK ONLY ONE) El STREET OUTREACH ❑ SHELTER ❑ HOMELESS PREVENTION ❑ RAPID RE- HOUSING I. A. B. C. D. E. G. H. II. A. :1 ORGANIZATIONAL Legal Organizational Name: Proposed Program Name: Mailing Address: Service Address(es): Contact Name: Title: Telephone: Fax: E -Mail: Name of Representative with Contract Signing Authority Title: Federal Tax ID #: DUNS #: SERVICE AND FUNDING How many unduplicated individuals (both Santa Ana residents and Non -Santa Ana residents) will this program plan to serve during 2014 -2015? Of the number from II.A. how many will be City of Santa Ana residents? C. Amount of ESG funding requested for FY 14 -15 III. HISTORY A. Total people served by the proposed program B. Of III.A. number of Santa Ana residents C. Total expense of the proposed program D. Total amount of Santa Ana grants received for this program. E. How many years has the organizations been in existence: F. How many years has the program been in existence: IV. PROGRAM DESCRIPTION- SUMMARY 5 19D-8 2011 -2012 2010 -2011 V. ADDITIONAL INFORMATION A. Community Involvement - In the space below, list the Santa Ana Neighborhood Associations, local community civic B. If your organization does not operate within this City's boundaries, explain how the proposed program will or Santa Tina resiaents. (max. cnar. space below, describe the program. List the specific services that will be provided with ESG funds. (max, 6 19D-9 VII. OUTCOME PERFORMANCE c IrnM4IraImAIRra$RnmKnuia VIII. OUTCOME MEASUREMENT - STANDARD What is the benchmark for success of clients? What is the success rate? Discuss reasons for non - success. 7 19D -10 IX. OUTCOME MEASUREMENT -TOOLS cnar. X. UUALIFIGAIIUNS Please describe the qualifications of your staff (Program & Administrative) that would allow your organization to provide the services stated as well as comply with regulatory requirements. max. char. 2000 8 19D -11 (If more lines are needed for additional staff, please create a separate page with the same format to list the remaining personnel. Label it X.A List all individuals working Place an on the proposed program List qualifications to perform these ..X " for by Name and Title. List activities that they will perform. activities hom will (include both Admin and be ESG Program Staff ) funded El El El 9 19D -12 XI. CERTIFICATIONS A. Applicant certifies that it will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age, in compliance with Government Code 12900, et seq. Applicant agrees to take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age. B. Applicant certifies that it does not discriminate against any person wishing to benefit from their services /program on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age. C. Does any officer, employee or board member have an ownership interest, either directly or through a partnership or corporate entity, in any facilities owned, leased, or rented by the applicant organization? This includes leases between an organization and a director, trustee, officer or key employee of the organization or his /her immediate family either directly or through corporations, trusts, or similar arrangements in which they hold a controlling interest. ❑ Yes ❑ No If Yes, please list the individual(s) and /or company(ies) below. D. Do your board members receive a salary or other stipend for serving on this board? ❑ Yes ❑ No (If yes, include amount next to each board member's name as part of attachment #5) E. What was the date of the last meeting of your board of directors? XII. SIGNATURE I hereby certify that, to the best of my knowledge, all statements made in this application are true and correct. If funds are granted to our organization, they will be used for a ESG- eligible purpose. I understand that liability and workers compensation insurance will be required for our group, and that our formal agreement with the City will specify other reporting and programmatic provisions. Name Title Signature Date 10 19D -13 ATTACHMENT #1(a -c) PLEASE COMPLETE THE FOLLOWING FORMS REGARDING ESG FUNDED PERSONNEL AND CONTRACTUAL SERVICES (ATTACHMENT 1 a) 2014 -2015 PROGRAM BUDGET (ATTACHMENT 1b) 2013 -2014 PROGRAM BUDGET (ATTACHMENT 1c) IMPORTANT NOTICE: The City asks that you list other secured funding sources on the budget forms, but the City realizes that all other funding sources may not be secured at the time of this application. Organizations may include unsecured resources with the understanding that the City will hold the organization to the same service level indicated in the application whether all the resources listed are actually received or not. The only item that will affect the service level expected by the City will be the responses provided under section II.B. & C. of this application and the amount of funding provided by the City of Santa Ana ESG for the 2014 -2015 grant year. ATTACHMENT 1(a -c) 11 19D -14 2014 -2015 ESG FUNDED PERSONNEL ADMINISTRATIVE STAFF Position Title Annual Salary Annual Benefits Total Compensation ESG Funds Requested % of time in the program serving Santa Ana Residents PROGRAM STAFF Position Title Annual Salary Annual Benefits Total Compensation ESG Funds Requested % of time in the program serving Santa Ana Residents CONTRACTUAL /PROFESSIONAL SERVICES Type of Service Contract Amount Total Compensation ESG Funds Requested % of time in the program serving Santa Ana Residents Attachment 1(a) 12 19D -15 PROGRAM YEAR 2013 -2014 PROGRAM BUDGET PROPOSAL Organization Name: Program Name: EXPENDITURES PROGRAM REVENUE LIST ALL OTHER PROGRAM RESOURCES THAT HAVE BEEN SECURED' FOR FY 14 -15 "Fundinq Source" total must equal `Total Proaram Budaet" listed above. FUNDING SOURCE EXPENDITURES EXPENDITURES TOTAL CATEGORY FUNDED BY FUNDED BY TOTAL PROGRAM ORGANIZATIONAL Federal SANTA ANA ESG OTHER SOURCES BUDGET BUDGET Administrative Staff Salaries & Benefits TOTAL Program Staff Salaries & Benefits Contractual /Professional Services Office Supplies Rent/Lease Communications Utilities Insurance Other (Please Specify) 1. 2. 3. 4. 5. TOTAL PROGRAM REVENUE LIST ALL OTHER PROGRAM RESOURCES THAT HAVE BEEN SECURED' FOR FY 14 -15 "Fundinq Source" total must equal `Total Proaram Budaet" listed above. FUNDING SOURCE AMOUNT Santa Ana ESG City General Funds (Non -Grant Funds) County State Federal Other - Other- TOTAL ** *See note on Attactunent #1 cover page 13 19D -16 Attaclunent 1(b) Organization Name: Program Name: PROGRAM YEAR 2013 -2014 CURRENT PROGRAM BUDGET EXPENDITURES PROGRAM REVENUE LIST ALL OTHER PROGRAM RESOURCES THAT HAVE BEEN SECURED FOR FY 13 -14 "Funding Source" total must eaual "Total Proaram Budget" listed above. FUNDING SOURCE EXPENDITURES EXPENDITURES TOTAL CATEGORY FUNDED BY FUNDED BY TOTAL PROGRAM ORGANIZATIONAL Federal SANTA ANA OTHER SOURCES BUDGET BUDGET ESG TOTAL Administrative Staff Salaries & Benefits Program Staff Salaries & Benefits Contractual /Professional Services Office Supplies Rent/Lease Communications Utilities Insurance Other (Please Specify) 1. 2. 3. 4. 5. TOTAL PROGRAM REVENUE LIST ALL OTHER PROGRAM RESOURCES THAT HAVE BEEN SECURED FOR FY 13 -14 "Funding Source" total must eaual "Total Proaram Budget" listed above. FUNDING SOURCE AMOUNT Santa Ana ESG City General Funds (Non -Grant Funds) County State Federal Other - Other- Other- TOTAL Attachment 1(c) 14 19D -17 ATTACHMENT #2 PLEASE PLACE A COPY OF YOUR ORGANIZATION'S IRS NON - PROFIT DESIGNATION LETTER BEHIND THIS SHEET ATTACHMENT #2 15 19D -18 ATTACHMENT #3 PLEASE PLACE A COPY OF YOUR ORGANIZATION'S 990 FORM BEHIND THIS SHEET ATTACHMENT #3 16 19D -19 ATTACHMENT #4 PLEASE PLACE A COPY OF YOUR ORGANIZATION'S CURRENT /PROPOSED CLIENT ELIGIBILITY INTAKE FORM BEHIND THIS SHEET ATTACHMENT #4 17 19D -20 ATTACHMENT #5 PLEASE PLACE A COPY OF YOUR ORGANIZATION'S LIST OF BOARD OF DIRECTORS, BY -LAWS AND ARTICLES OF INCORPORATION BEHIND THIS SHEET ATTACHMENT #5 18 19D -21 ATTACHMENT #6 PLEASE PLACE A COPY OF THE CONFLICT OF INTEREST QUESTIONNAIRE BEHIND THIS SHEET ATTACHMENT #6 19 19D -22 CITY OF SANTA ANA Emergency Shelter Grant CONFLICT OF INTEREST QUESTIONNAIRE Federal, state and city law prohibits employees and public officials of the City of Santa Ana from participating in any transaction, on behalf of the City, in which they have a financial interest. In order to assure compliance with this requirement, this questionnaire must be completed and submitted by each applicant for Emergency Shelter Grant (ESG) funding. The purpose of this questionnaire is to determine if your agency staff or Board members perform functions or responsibilities that would be a conflict of interest with respect to the ESG program. If necessary, detailed explanations may be provided on separate sheets of paper. 1. Is /are there any member(s) of your staff, Board of Directors, or other governing body, who is currently, or has /have been within one year of the date of this questionnaire, a City of Santa Ana employee or a member of a City board or commission that has a direct influence on the allocation of ESG funding? ❑ Yes ❑ No If yes, please list the following: Name Position City /Department 2. Will the ESG funds requested by the applicant be used to pay the salaries of any of applicant's staff person(s) who is /are, or has /have been within one year of the date of this questionnaire, employed by the City of Santa Ana? ❑ Yes ❑ No If yes, please list the name(s) below and identify the City Department in which each person is employed: Name City /Department 3. Will the ESG funds requested by the applicant be used to pay the salaries of any of applicant's staff person(s) who is /are currently, or has /have been within one year of the date of this questionnaire, a member of a City of Santa Ana board or commission that has a direct influence on the allocation of ESG funding? ❑ Yes ❑ No If yes, please list the following: Name: Year(s) Name: Year(s) Name: Year(s) Name: Year(s) 4. Will the ESG funds, requested by the applicant, be used to award a contract or subcontract to any individual(s) or business affiliate(s) who is /are currently, or has /have been within one year of the date of this questionnaire, a City of Santa Ana employee or a member of a City board or commission that has a direct influence on the allocation of ESG funding? ❑ Yes ❑ No If yes, please list the name(s): Name: The ESG funds used for reimbursement of rent shall not benefit any employee, agent, consultant, officer, elected official or appointed official of the subrecipient. This prohibition includes leases between an organization and a director, trustee, officer or key employee of the organization or his /her immediate family either directly or through corporations, trusts, or similar arrangements in which they hold a controlling interest. Organization Date Signature Title Attachment 6 20 19D -23 19D -24 CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: CONTRACT RENEWAL WITH BEN'S ASPHALT INC. FOR ASPHALT STREET MAINTENANCE (SPEC. NO. 11 -060) CITY M CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Ben's Asphalt Inc. for asphalt street maintenance for a two year period in an amount not to exceed $630,000 annually, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Maintenance Street Division is responsible for maintaining approximately 400 miles of streets within the City of Santa Ana. In order to do so, asphalt street maintenance and repairs are required. Services provided under the asphalt street maintenance contract include excavation and cold milling of existing roadways, construction of asphalt concrete pavement, crack sealing and portland cement concrete repairs. In addition, the contract provides for water and sewer system maintenance, including trench repair, and adjustment of water valve boxes, manhole frames and covers to grade. On December 19, 2011, the City Council awarded a contract to Ben's Asphalt, Inc. The vendor has agreed to renew the contract; however, has requested an average of ten percent increase due to higher asphalt and operation costs. Staff recommends approval of the recommended action. FISCAL IMPACT Funds are available in the Public Works Agency Roadway Maintenance, Water System Maintenance and Sanitary Sewer Service accounts (nos. 02917660 - 62300, 06017641 -62300 and 05617640-62300). APPROVED AS TO FUNDS AND ACCOUNT: Edwin "William" Galvez, P.E. Francisco Gutierrez Interim Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 22A -1 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: CONTRACT RENEWAL WITH BEN'S ASPHALT, INC. FOR POTHOLE REPAIR (SPEC. NO. 10 -040) CITY MANAGE CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2n'Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Ben's Asphalt, Inc., for pothole repair services for a one year period in an amount not to exceed $450,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Street Maintenance Division is responsible for maintaining approximately 400 miles of roadway within the City of Santa Ana. Services provided under the pothole repair contract include the repair of all potholes and the repair of all damaged pavement areas not exceeding 100 sq. ft. in area with asphalt overlay. On November 15, 2010, the City Council awarded a contract to Ben's Asphalt, Inc. for a one year period, with provisions for three, one -year renewals. Over the past year Ben's Asphalt, Inc. has utilized over 650 tons of asphalt concrete to fix small damaged pavement areas and filled approximately 18,000 potholes. The vendor has agreed to renew the contract without an increase in pricing. Staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the Public Works Agency Roadway Maintenance Account (no. 02917660 62300). t � Edwin "William" Galvez, P.E. Interim Executive Director Public Works Agency PG:sp APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22B -1 22B -2 0 0 ft 'A61110111111111 • ,. CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: CONTRACT RENEWAL WITH MIDWAY CITY FEED FOR ANIMAL FOOD (SPEC. NO. 12 -062) ..J CITY MANAGER • CLERK OF COUNCIL USE ONLY: :--:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 °d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Midway City Feed Company for animal food for a one -year period in the annual amount not to exceed $35,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Zoo at Prentice Park maintains an average of 250 animals, including birds, monkeys, a camel, and other exotic species with specific dietary needs. The contract for animal food is designed to provide quality products at significant savings based on quantity pricing. On November 19, 2012 the City Council awarded a contract to Midway City Feed Company for a one -year period with provision for three, one -year renewals. The vendor has agreed to renew the past contract without an increase in pricing. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the Recreation and Community Services Zoo account (no. 01113220- 63400). .t Gerardo Mouet Executive Director Parks, Rec. & Comm. Svc. Agency EG APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt Services Agency 22C -1 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2013 TITLE: AGREEMENT WITH ORANGE COUNTY FIRE AUTHORITY CITY MANAGER 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 11-1&-49 FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Orange County Fire Authority in the amount of $890,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION As part of the 2011 -2012 Community Development Block Grant (CDBG) allocation plan, funds were allotted for the purchase of a new fire truck. Subsequently, the City contracted with the Orange County Fire Authority (OCFA) for fire suppression services. As part of the agreement, OCFA would maintain the fleet of vehicles, including a replacement schedule. The agreement also required that the City upgrade the existing fire stations to a minimum level. Therefore, the priority for the use of CDBG funds shifted to renovating many of the fire stations. In March 2012, the City underwent a substantial amendment process to the 2011 -2012 Annual Action Plan to allow for the change in use of CDBG funds. Since then, City staff has worked with the OCFA to develop a list of capital improvements needed at the fire stations. Confirmation of eligibility of the proposed improvements was received from the City's U.S. Dept. of HUD representative. This agreement will accommodate OCFA as the sub - recipient of CDBG funds in order to solicit contractors to begin the capital improvements. Funds will be distributed on a reimbursement basis after the City has received sufficient documentation to approve the release of CDBG funds. FISCAL IMPACT Funds are available in the CDBG account (no. 13518783- 69135). 25A -1 Agreement with Orange County Fire Authority October 21, 2013 Page 2 APPROVED AS TO FUNDS AND ACCOUNTS: Nancy Fong, Y6 Francisco Gutierrez Interim Execu ve Dir or Executive Director Community D pment Agency Finance & Management Services Agency NF /FH /kg Exhibit: 1. Agreement 25A -2 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORANGE COUNTY FIRE AUTHORITY FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, is hereby made and entered into this day of _ , 2013 by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "CITY ") and Orange County Fire Authority, a Joint Powers Authority organized pursuant to California Government Code Section 6500 of seq„ ( "SUBRECIPIENT "), RECITALS, 11 The CITY, as an eiutitlernent recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Project, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ( "CDBG REDS "). 2. CITY has applied for and received CDBG fiends from HUD pursuant to Title I'of the Housing and Community Development Act of 1974; Public Law 93 -383, as amended ( "ACT "), 3. The SUBRECIPIENT assumed Fire /EMS services for the CITY in April 2012. SUBRECIPIENT has been selected by the CITY to receive CDBG funds for public facility irnprovetneuts to the City owned Fire Stations and to provide the services described in the Statement of Work and Capital Improvement Plan attached hereto and incorporated herein as Exhibit A, in accordance with the schedule of perfonnance included therein, hereinafter referred to as "said Project ". SUBRECIPIENT represents that it is qualified and willing to oversee said Project and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR fart 570,208). 4, The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following temus mud conditions are approved and together with all exhibits and attachments hereto; shall constitute the entire Agreement between the CITY and SUBRECIPIENT: 1. SUBRECIPIENT'S OBLIGATIONS A, Stahns _Representations and Wanxainties. (1) Authority. SUBRECIPIENT is a duly organized and existing Joint Powers Authority ( "SPA' ') in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has fill right, power and lawful authority to accept the finding hereunder and to undertake all obligations as provided herein and the execution, perforinance and 757911.1 . A delivery of this Agreement by SUBRECIPIENT, toad has been fully authorized by all 'requisite actions on the part of SUBRECIPIENT. (2) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (3) Familiarity With Services Required. By execution of this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iil) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (4) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a Breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (S) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcyproceeding, (6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that world or may materially affect SUBRECIPIENT'S performance under this Agreement, (7) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (8) No Pending Investigation, SUBRECII'MNT is not aware that it is die subject of any current or threatened criminal or civil action investigation by any public agency„ including without limitation a police agency or prosecuting authority, that would relate to or affect performance of Agreement or provision ofservices hereunder. R Amount of Grant and Grant Disbursement. The amount granted to SUBRECIPIENT hereunder is Eight Hundred Ninety Thousand Dollars ($890,000.00) ( "CDBG FUNDS ") and such funds shall be expended by SUBRECIPIENT on or before December 31, 2014. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the finial payment subject to the satisfaction of the condition precedent of submittal of complete reporting information, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the tern, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting, C. Use of the CDBG FUNDS SUBRECIPIENT agrees to use all federal 'funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said Project, as set forth in the Statement of Work and Capital Improvement Plan ( "Exhibit A ") attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in 953411.1 2 Exh1bZ&^ 4 addition to other remedies set 'forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUB RECIPIENT hereunder, D. Allowable Costs SUBRECIPIENT agrees to complete said Project on or before December 31, 2014 and to use said f=unds to pay for necessary and reasonable costs allowable under the federal law and regulations to perform said Project. Said amounts shall include, but not be limited to; wages, administrative costs, and employee benefits comparable to other similarly situated employees. Other allowable project costs are detailed in, as set forth in the Statement of Work and Capital Improvement Plan ( "Exhibit A ") attached hereto and by this reference incorporated herein, SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said fiends may be upended pursuant to the terms and conditions of this Agreement. E. Lieensi'M SUBRECIPIENT agrees to obtain and maintain all required 'licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning,., SUBRECIPIENT agrees that any facility /property, used in furtherance of said Project shall be specifically zoned and permitted for such use($) and activity(ics). ,Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shalt immediately make good- 'faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violationts) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of auypending violations. Failure to notify CITY of pending violations, or to remedy such Irnown Violation(s) shall result in termination of grant furnding hereunder. SUBRECIPIENT must make all corrections required to bring the facility /property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Sepaigion of Accounts, All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A -110 requirements, SUBRECIPIENT is not required to maintain separate depository accounts for the CDBG FUNDS; provided however, the SUBRECIPIENT trust be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A -110 requirements. H, Audit Report Requiremelzts. SUBRECIPIENT agrees that if SUBRECIPIENT receives Three FInndred Thousand Dollars ($300;000.00) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the Unified States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October I oftlte year following the program year in which this Agreement is executed. 95391(.1 3 ExhibZS-.A f3 I. Reco�mg/Rerting. SUBREC1PtENT shall ]seep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REsGS, including the Following: (1) Records, a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b)(2)(i), (ii) and 24 CFR 570.503(b)(3). b. Documentation of all CDBG FUNDS received from CITY. c, Documentation of expenses as identified in the Capital Improvement Plan, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. d. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG, REDS. (2) Reports. a. Payment Request: SUBRECIPIENT shall submit true copies of invoices, receipts, agreements, copies of any and all contracts or documentation pertaining to costs For subcontractors or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable period. b. Semi - Amual Reporting: On Octobers and April 5, SUBRECIPIENT shall submit information needed for the CITY to complete the Semi- Annual Labor Standards )enforcement Report (HUD Form 4710), c. Annual Report: On July 31, SUBRECIPIENT shall submit information deeded for the CITY to complete the Section 3 — Ecouomic Opportunities for Low- and Very Low- Income Persons Report (HUD Form 60002) and Minority Business Enterprise /Women Owned Enterprise Report (HUD Form 2516). 7. Access to Records. CITY and the United State Govermnent and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIFNT's subcontractors, bookkeepers and accountants, employees and participants in regard to said project. CITY and the United States Government and /or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said project and 9sr9Hu 4 ExhibUt-A-6 entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Reclaircd Ler 2th of Record I<ecp rl,, All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT' S office or plate of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG REDS, Records which relate to (a) complaints, olaims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs -,ad expenses of this .Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation ch mis, or exceptions, In the event SUBRECIPIENT does not make the above - referenced documents available within die city of Santa Aria, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law /'Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said Project are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations and specifically 24 CFR 57 ©,504(c), Prugratu income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. At the end of the program year, CITY may require remittance of all or part of any program income balances (including investments thereof) held by SUBRECIPIENT. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M, Standing. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However; SUBR17CIPIENT shall subunit to CITY and or I-IUD or its representatives, all records requested, including audit, examinations, tuwutoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder, 0. Independent Contrlctor. For purposes of implementing this Agreement, SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. Notwithstanding the foregoing, this Agreement shall not diminish or affect the rights and responsibilities between CITY and SUBRECIPIENT as it respects CITY's status as a member of the Orange County Fire 953911 1 5 ExhibUA-17 Authority. P. Violation of Terms and Canditionns. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or emissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/orjustify expenditure of the CDBG FUNDS granted hereunder, SOBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment, SUBRECIPIENT agrees not to use the CDBG FUNDS for the Purchase of equipment. R. Prohibited Use. SUBRECIPIENT ECIPIENT hereby certifies and agrees that it will not use the CDBG FUNDS provided through this Agreement to pay for entertainment, meats or gifts. S. mg Lobb y—i - SUBRECIPIENT certifies that it Will comply With federal law (31 U.S.C, 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds maybe expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee oC any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exlrbit C," attached hereto and by this reference incorporated herein, SUBRECIPIENT shall subunit said signed certification to CITY prior to performing any of its obligations trader this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreorrient, If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence all officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Forin to Report Lobbying," in accordance with its instruction,,; (see C-1), T. Financial Interest. SUBRECIPIENT agrees that except for the use of the CDBG FUNDS to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG- assisted activity of SUBRECIPIENT, either for themselves or those with whom they have fiandly or business ties, during their tentire or for one year thereafter. This prohibition applies to any person who is all employee, agent, consultant, officer, or elected or appointed official of CITY, or of any dusigna(ed public agencies, or the SUBRECIPIENT, 9599111 6 ExhibZ%A-18 U. Davis -Bacon Act/ Section 3 Compliance All laborers and ineehanies employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal binds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a -5, Any such construction contract shall include and comply with the required contract provisions and mules set forth in 29 CY R. §5.5. Further, the payroll reports (along with the ",Statement of Compliance ") and basic records are required to be maintained and submitted, or made available, pursuant to 29 CRR. §5.5(x)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F,R_ §5,5 may be grounds for termination of the contract, and for debarment as a contractor /subcontractor, as provided in 29 C.F.R. §5.12, tabor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)l. V. Economic C portunifics for Low income Persons. SUBR.ECIPIENT certfies that, to the greatest extent feasible, and consistent with exrsung Federal, State, and local laws and regulations, employment and other economic opportunities generated by the CDBG Funds disbursed pursuant. to this Agreement will be directed toward low- and very low - income: persons in accordance with Section 3 of the Flpusiing and Urban Development Act of 1963 (12 USC 1701u), Noncompliance with HUD's regulations in 24 CPR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. W, Drug l ree Worlmlace. SUBRECIPIENT certifies drat it has established the following drug -flee workplace policy: (1) The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded project. (2) As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a. Abide by the terms above in statement 1. b. Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days rifler such conviction. (3) The CITY and the United State Departinent of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. (4) Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each suet, employee shall be required to participate satisfactorily in a chug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law 953911 7. Exhib� enforcement, or other appropriate agency, X. Uriftbrin Administrative Re SUBRECIPIENT must comply with applicable uniform administrative requirements, as described in 24 CFR 570.501 Y. Other Program Requirements, SUBRECIPIENT agrees to carry out said Project in compliance with all Federal laws and regulations described in subpart K of the CDBG REDS (24 CFR 570,600-614) except as otherwise stated in 24 CFR 570.503(5)(i)-(ii), It. CITY'S OBLIGATIONS A. E4YMq4L9fE9BdS- Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG FUNDS received from HUD, for CITY's CDBG program, the amounts expended by SUBRECIPIENT in carrying out said Project for fiscal y a maxitourn, aggregate payment of Eight Hundred Ninety 2013-14 pursuant to this Agreement up to , u s 0 car Thousand Dollars ($890,000,00) in installments as determined by CITY. Paynients shall be made to SUBRECIPIENT through the submission of invoices, detailing such expenses. CITY shalt pay such invoices within thirty (30) (lays after receipt thereof provided CITY is satisfied that such -red and documented within the scope and provisions of this Agrecirlent expenses have been incui P and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. B, Audit or Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations, C. Conurign Role: Pursuant to 24 CFR 85.40(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers cacti program, function and activity and performance goal,,; are reviewed periodically, D. Environmental Reviey In accordance with 24 CFR Part 58, the CITY is responsible for undertaking enviroarcentril review and rnaintailling environinernal review records for each applicable project. E. Performance Monitoring: CITY shall Monitor the performance of the SUBRECIPIENT against goals and performance standards required herein. Substandard Performance as determined by the CITY will constitute non - compliance with this Agreement if action to Correct Such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. 111. NONDISCRILI LiNATION SUBRECIPIENT agrees that no person oil the ground of race, age, color, national origin, disability, religion or sex will be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with CDBG oi,3911 I ExhilgkOo FUNDS. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 570-611 and OMB Circulars 1-102 and A-110, SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as to officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deerned fully incorporated as a pail hereof Notice shall be sent by SUBKFCIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers, V. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in- law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. V1. NOTICES Notices to the Pal-ties shall, rudess otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Commurrity Development Agency (M-25) 20 Civic Center Plaza RO. Box 1988 Santa Aria, California 92702-1988 TO SUBRECIPIENT: Orange Co urity Fire Authority I Fire Authority Road Irvine, CA 92602 Attn: Scott Brown, Division Chief VII. ASSIGNABILITY None of the duties or, or work to be performed by, SUBRECIPIENT under this Agreement shalt be subcontracted or assigned to any agency, C0118oltallt, or person without the prior written consent ofCITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY, No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. 953911.1 Exhilg§A-11 V111. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees Or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, dernands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongtol acts, errors or emissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's Performance of this Agreement, IX. INSURANCE SUBRECIPIENT represents that it is 90f-inSUred with limits not less than one million dollars ($1,000,000) per accident for worker's compensation claims. Furthermore, SUBRECIPIENT represents that it participates in the Fire Agencies Insurance Risk Authority (FAIRA) pooled group general liability insurance program, and that through FAIRA, SUBRECIPIENT maintains general liability coverage with a combined single limit of not less than one million dollars ($1,000,000) per occurrence. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement famish CITY with a letter setting forth its self-insured retention and a summary of its coverage under FAIRA; (b) not materially change or terminate such insurance except on 30 days prior written notice to the CITY; and (c) maintain such insurance for the period covered by this Agreernent. SUBRECIPIENT's insurance shall be prirnary with respect to insurance of self-insurance programs maintained by the CITY, X REVERSION OF ASSET A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the ti"nc of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. (24 CFR 570.503(b)(7),) B Any real property under SUBRECIPIFNT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000,00 must either be: Used to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or (2) Not used in accordance with subparagraph I above, in which event SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG FUNDS for acquisition of, or improvement to, the property. Such payment is program income to CITY. No such payment is required following the period Of times specified pursuant to subparagraph 953911.1 10 ExhijRM-12 I above. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said project, disposition of said equipment will be made as follows. (1) Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. (2) Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by airs share of federal fends used to acquire the equipment, in accordance with 24 CFR 8532(e)(2). SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "X. REVERSION OF ASSETS " and in paragraph "XI, T1RMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and /or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XI. TERM NAT10 A. This Agreement inay be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination, B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder; CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and terrinnation shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment Of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory 453411.1 If Exhi-43 manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85,44. E. In the event this Agreement is terminated as set forth in subparagraphs XIA. through XI.D., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all CDBG FUNDS not used, and to comply with paragraph "X, REVERSION OF ASSETS" of this Agreement. XIL LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding, In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent fiends. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY it, implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes, If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly, Where CITY has reasonable ground-, to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures slid legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with [IUD cash withdrawal guidelines. XIII, EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes tiny and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG hinds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any patty, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XIV, LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and till applicable federal laws and regulations, 953911.t 12 Exhi ' - 4 XV, VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void of affect the validity of any other provision of this Agreement. XVI, MISCELLANEOUS: PROVISIONS A Each undersigned represents and warrants that its signature herein below has the power, authority and right to hind their respective, parties to each of the terms of this Agreement, and shall indemnify CITY or SUBRECiPIENT fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY or SUBRECIPIENT in the event that such authority or power is riot, in fact, held by the respective signatory or is withdrawn. B. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if set forth in the body of this Agreement. C. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof, A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 953911 I 1:3 ExhikZ-15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: Maria D. HuizaT Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALF10 City Attorney By: LISA E. STORCK Assistant City Attorney ATTEST: Sherry C I erk4 re B0 APPROVED AS TO FORM: DAVID F. KENDIG General Counsel ()531)1 L t Ida CITY OF SANTA ANA Kevin O'Rourke Interim City Manager Date: ORANGE COUNTY FIRE AUTHORITY Steven Wernher&, Board Chair Date: 2t4—! Exhibit A ORANGE COUNTY FIRE AUTHORITY Keith Richter, Fire Chief (714) 573-6000 wmv,ocfa.org DATE: June 17,2013 TO: Kevin O'Rourke, interim City Manager FROM: Scott Brown, Division Chief, OCFA/Cityof Santa Ana Fire Services SUBJECT: Capital Improvement Plan, City Owned Fire Facilities aqMMqM This item is submitted for discussion and subsequent policy direction for utilization of CDBG funding allocated for City owner fire facilities. 1, Assess pending Capital Improvement projects for (lo) Santa Ana Fire station facilities 2. Direct staff to review prqjcct(s) as identified by OCFA (enclosed in this report) 3. Determine if projects meet funding criteria 4. Re-authorize expenditures as identified in CDBG — Public Facility Improvement — fire station fund 5. Develop project th-achne for completion of identified CIP related projects for Fire facilities Luhuaq-111- In April 2012, the Orange County Fire Authority assumed Fire/ EIVIS services for the City of Santa Ana, Ten fire stations are strategically located within the City providing fire and ems emergency response within the City. The OCFA property management section conducted a cursory review of (10) Santa Ana Fire Stations to assess/ evaluate overall conditions of the facilities, the inspection included the following functional areas; • Electrical • Plumbing HVAC • Emergency Generators • Roofs • Apparatus Bay Doors • Diesel Exhaust Collection • Underground Storage Tanks • Dorm, bath, and storage configuration 25A -17 June 17, 2013 Page 2 Post inspection findings revealed facilitics to be in overall serviceable condition – however structural elements (roofs) of some stations, kitchens and dorm areas were identified. as requiring remodel repair and/or replacement. Many of these issues are attributable to the age of each station and by deferred maintenance, City of Santa Ana Fire Stations Fire Station 71 13 years old 1029 W. 17"' Street Fire Station 72 47 years old 1668 E. 4"' Street Fire Station 73 51 years old 419 S, Franklin Street Fire Station 74 33 years old 1427 S. Broadway Avenue Fire Station 75 58 years old 120 W. Walnut Street Fire Station 76 33 years old 950 W. MacArthur Boulevard Fire Station 77 54 years old 2317 S. Greenville Street Fire Station 78 52 years old 501 N. Newhope Street Fire Station 79 25 years old 1320 E. Warner Avenue The current Fire/Emergency Medical Services contract stipulates that the City shall be responsible for Alterations and improVements identified as a Capital finprovement or any single Project that exceeds a cost of 15,000, these improvements/ projects may include scisti-de repair, major remodel, and renovation. Contact for further information, Scott Brown, Division Chief 714-567-3234 Friclosixt in t—his—RqptqL Project Justificatiot)/Description/Estimate(VBudget/Pholos 25A -18 June 17, 2013 Page 3 Justification: The HVAC control system is 10 years old and does not function as designed. Carrier no longer manufactures the control system and does not support it in the field. Technical information is no longer available and repair parts /systems are not available. The control system maltiiuctions frequently requiring a costly repair, and operates less er eetively, thus wasting power. Replacement will result in a more efficient HVA°C operation and attendant cost savings. l= e+$lkFiWt�"� R..444�et , Z 0, � , f 'i.: `w,. h4 _ ...4F;. Scope of Design and procureFIVAC control system, demalish/remove current system, Work: install replacement contrails, program, test and finish as required, See photos on the next page. 25A -19 June 17, 2013 Page 4 25A -20 June 17, 2013 Page 5 25A -21 June 17, 2013 Page 6 (3) Remodel crew bathroom Justification: (I) The station is 47 years old. fire fighters are housed in a single dormitory rooin that is inappropriate for mixed gentler assignment. Crew (toes not have adequate facility to store clothing and personal items. The corm-non steeping arrangement provides noprivacy and makes quality rest difficult. Installation of privacy cubicles with doors and uniform lockers will bring the space into compliance with OCPA habitability standards and facilitate mixed gender use. General improvement of the space attending the cubicles will improve the quality of life for the crew, Scope of Work: (2) The station kitchen has exceeded reasonable service life, All kitchen systems are old, many broken and difficult to maintain in safes sanitary; serviceable conditions. The space does not support the need of station personnel and does not meet OCI'A standards for crew kitchens. The attached photographs- illustrate the problematic issues. (3) The crew bathroom has exceeded reasonable service life. All systems and fixtures are old, marginally serviceable and difficult to maintain in safe, sanitary, serviceable condition. The attached photographs illustrate the trroblem. (1) Demolition afthe currcut irtterlor space andinstaltation of new flooring, replacement of overhead lighting, new window covering, procurement and installation of pro- fabricated cubicles with privacy door, procurement and installation of uniform and equipment locker, paint and finish. (2) Demolition of the existing kitchen space. Procurement and installation of new flooring, lighting systems, tower and upper cabinets, installation of SS counter system with integral single large sink and disposal systems, replacement of faucets and fixtures, upgrade of electrical, replacement of dishwasher, range with ventilation and rehigerators, painting and finish. (3) Demolition of existing bathroom, hustallation of new flooring, overhead lighting, exhaust ventilation, cabinets, shelving, Counter, sink, and fixtures. Replacement of privacy showers and fixtures and painting and finish. 25A -22 Jane 17, 2013 Page 7 25A -23 June 17, 2013 Page 8 Kitchen Flooring 25A -24 Juice 17, 2013 Page 9 25A -25 Jun 17, 2013 Page 10 25A -26 June 17, 2013 Page I I 25A-27 June 17, 2013 Page 12 Remodel Crew Bathroom Justification: (1) The station is 51 years old and nearly all or the major building systems exceed economical service lif.c. The roof is 45 years old. Numerous repairs and chronic failure is beyond economical repair. Roof' failurelleaks pose a risk for additional structural damage and the introduction of mold into the station. (2) The crew bathroom exceeds reasonable service life. It is difficult to maintain in a sanitary, service condition. It does not meet OCFA standards -for . station habitability, See attached ohotovranh.q. Scope of (1) Tear-o Wremovil Of the existing roof and replacement with a cQuientious Work: tile roofing system, (2) Demolidon of existing bathroom. Installation of replacement flooring, overhead lighting, exhaust ventilation, cabinets, shelving, counter, sink, and fixtures, Installation or privacy showers and fixtures, Painting and finish. See, photos on the next Page. 25A-28 June 17; 2013 Page 13 25A -29 June 17, 2013 Page 14 25A -30 Jane 17, 2013 Page 15 25A-31 June 17, 2013 Page 16 (2) Remodel kitchen (3) Remodel crew bathroom Justificadon: The station is 33 years old, station side of the building. that is inappropriate for r cubicles with doors and tin with OCFtX standards, The improvements described are limited to the fire Firefighters are housed in a single dormitory roottt nixed gender assignment. Installation of privacy form lockers will bring the space into compliance The station kitchen has exceeded its reasonable service life, ILitchen systems are old, broken and difficult to keep sanitary, safe and serviceable. It no longer meets the need of station personnel and does not meet 0CFA standards for a crew kitchen, Photos attached. The crew bathroom has exceeded reasonable service life and is Inappropriate for nnix gender assignment. Photos attached. Scope of (1) Demolition ofcurrent interior space and installation ofnew Work: flooring, replacement t f overhead lighting, new window coven ng, procurement and installation of pre - fabricated cubicles with privacy door, procurement and installation of uniform and equipment locker, (2) Demolition of existing kitchen space. Procurement and installation of new flooring, lighting systems, lower and upper cabinets, Installation Of SS counter system with integral single large sink and disposal systems, replacement of faucets and fixtures, upgrade of electrical, replacementt of dishwasher, rauge with ventilation and refrigerators, painting and finish, (3) Demolition of existing space. Procurement and installation of replacement flooring, overhead lighting, exhaust ventilation, cabinets, shelving, counter, sink, and fixtures. Installation of privacy showers and fixtures, painting and finish. See photos an the next page. 25A -32 June 17, 2013 Page 17 25A -33 Anse 17; 2013 Page 18 25A -34 June 17, 2013 Page 19 K itahen 25A -35 Raie 17, 2013 Page 20 25A -36 June 17, 2013 Page 21 25A -37 hine 17, 2 013 Page 22 Hathrnnm 25A -38 June 17, 2013 Page 23 (2) Remodel crew bathroom Justification: (1) The station is 58 years old. It houses 8 Firefighters comprising of two companies. Firefighters sleep in a single dormitory room that is inappropriate for mixed gender assignment. The dorm environment is open and Provides no privacy. Installation of privacy cubicles with doors and uniform lookers will allow mixed gender habitation and bring the space into compliance with OCFA habitability standard& (2) The crew bathroom has exceeded reasonable service lire. It is inappropriate for 1-nix gender assignment. The bathroom is historic in its design and materials, The rehabilitation of the space would bring up certain aspects Of the space to modern standards while preserving the historic elements, See idtachedphotographs, y y Scope of Work; (1) Demolition of current interior space and installation of new flooring, rcPhic(arout of overhead lighting, now window covering, procurement and installation of pre- fabricated cubicles with privacy door, procurement and installation of uniform and equipment locker. (2) Demolition of certain elements existing space. Solid wood cabinet fixture would be renovated, vintage porcelain tile and certain lixture would be preserved and renovated. Flouring would be ground, polished and renovated, overhead lighting replaced, electrical upgrade, exhaust ventilation, sinks, fixtures renovated /replaced as required, privacy showers installed, Painting and finish, does not include ronfqvqton,a ki& NOTE. Station 75 has a very dEuTitgcct— PVC —ni—eii—ibr—titi—c —roof section on this building –.This —roof section was replaced with a double layer Of Modified Bitumen roof membrane, This work is under warranty for 10 more years, **Estimated budget does not include HVAC systems bid: HP unit is approaching the on(] of its life, Depending on any future repairs a replacement would probably be salted in the next couple of years. Leak found in the server room unit and a replacement of the line set must take place. See photos on the next page, 25A-39 June 17, 2013 Page 24 25A-40 Ame 17, 2013 Page 25 i)nrn1c 25A -41 June 17, 2013 Page 26 (3) Remodel crew bathroom Justification: M The station is 33 years old. Firefighters are housed in a single dormitory room that is inappropriate for mixed gender assignanent. Installation of privacy cubicles with doors and uniform lockers will bring the space into compliance with OCFA habitability standards. (2) The station roof is original, Over thirty years old, it is in poor condition. It fails continuously and cannot be economically repaired. (3) The crew bathroom has exceeded reasonable service lire and i, Scope of (1) Demolition of current interior space and installation of new flooring; Work: replacement of overhead lighting, new window covering, procurement and installation of pre - fabricated cubicles with privacy door, procurement and installation of uniform and equipment locker, (2) Demo I ition/tear-off of the existing gravel built-up roof and replacement of 6,400 square feet of modified bitumen roof, (3) Demolition of existing space. Procurement and installation or replacement flooring, overhead lighting, exhaust ventilation, cabinets, shelving, counter, sink, and fixtures. Replacement showers and fixtures and painting and finish as required, See photos on the next page. 25A-42 June 17, 2013 Page 27 25A -43 June 17, 2013 Page 28 25A-44 June 17, 2013 Page 29 25A -45 Jane 17, 2013 Page 30 25A -46 June 17, 2013 Page 31 (3) Replace Roof Justificatiow (1) The station is 54 years old. Firefighters are housed in a single dormitory room that is inappropriate for mixed gender assignment. Installation of privacy cubicles with doors and uniform lockers will bring the spice into compliance with OCFA habitability standards, (2) The current flooring is a mix of original and added carpet, The entire interior is beyond serviceability and requires replacement. (3) The station roof is a replacement foam roof system approaching the end Of its serviceable life, It fails frequently. Continued repair will not provide added life, Scope of (1) Demolition of current interior space and installation of new flooring, Work: replacement of overhead lighting, new window covering, procurement and installation of pre-fabricated cubicles with privacy door, Procurement and installation of uniform and equipment locker, (2) Demolition/rernoval, of all current floor covering, repair of flooring base and installation Of 18X18 composite vinyl tile, trim, base molding, finish and paint as required, (3) Demolition tear- -off of existing, roof, repair as required, and addition of a cricket drain and application of a buildup modified biturnen roof system. Finish as required and installation. See photos on the next page, 25A-47 June 17, 2613 Page 32 25A -48 Ruie 17, 2013 Page D 25A -49 June 17, 2013 Page 34 (2) Remodel crew bathroom (3) Replace roof Justification: (1) The station is 33 years old. Firefighters are housed in a single dormitory room that is inappropriate for mixed gender assignment. Installation of privacy cubicles with doors and uniform lockers will bring the space into COMPI inucc with OCFA habitability standards, (2) The crew bathroom has exceeded service life and is inappropriate for mix gender use. See attached photographs, (3) The existing roof is more than 25 years old and has reached serviceable life. It fails continuously and is not economical to repair, Frequent leak/failure risks damage to internal building structures and spaces, il'1�1�11-11-11 —, 11-1- 1 - 11 Scope of (1) Demolition ofeurrent interior space and installation of now flooring, Work: replacement of overhead lighting, new window covering, procurement and installation of pre-fabricated cubicles with privacy I door, Procurement and installation of uniform and equipment locker. (2) Demolition of existing space, Installation of replacement flooring, overhead lighting, exhaust ventilation, cabinets, shelving, counter, sink, and flxturo& Replacement showers and fixtures and painting and finish as required. (3) Demoli(ion/tear-off of the existing shingle roof, substrate repair as required raidreplacementAid, a modified bitumen roofsystem finish as required, see photos oil tile next page. 25A-50 June 17, 2013 Page 35 25A -51 June 17, 2013 Page 36 25A-52 June 17, 2013 Page 37 25A -53 June 17, 2013 Page 38 Justification: (1) The station is 25 years old, The shower systems in each crew bathroom are failing, leaking through shower wall and the shower floor pan. Leaking is causing damage to the buildings structure. (2) Carpet throughout exceeded set -vice loses adhesion to fl the station is badly worn; tom and Llingi It has life. The carpet chronically separates at seems and Scope of (1) Demolition of existing show stalls, repair as required, installation of Work: shower walls, tile, hot mop, replace pan tile, grout paint and finish as required, (2) Demolition/removal of all current floor covering, repair of flooring base and installation of 18X18 composite vinyl tile, trim, base melding, finish and paint as required. see photos on the nextpage, 25A -54 June 17, 2013 Page 39 25A -55 June 17, 2013 Page 40 I)nowcr Flooring 25A-56 June I7, 2013 Page 41 25A -57 June 17, 2013 Page 42 Flooring 25A-58 a � v Q ,Q 4 cu LL rZI `C3 4L �r 0 t...l 0 vi Z tt Z) (v < a O c CJ N m 25A Exhibit B Certification Regarding Lobbying Certificatial for Contracts, (Grants Loans and Cooperative Ag ents The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an weer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative_ agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any finds other than Federal appropriates] finds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subirceiplents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, /Lf.2 Da EXHIBIT 13 Page 1 oft 25A -60 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88 -352, Title yI of the Civil Rights Act of 1964 (42 U S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part I. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded In whole or in part with community made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C:, Sections 276 a 1.5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with ail Federal statutes applicable to projects funded with community development hinds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570,604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372, EXHIBIT B Page 2 of 2 25A -61 25A -62 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: AMENDMENT TO AGREEMENT WITH CIT COM INC. TO PROVIDE INTEGRATED SOFTWARE CONSULTING SERVICES TO THE POLICE DEPARTMENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement amendment with Cit Com Inc. in the amount of $36,700 to provide consulting services for an integrated software system for the Police Department, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Cit Com Inc. was contracted by the Police Department to provide technological expertise and advice to support the purchase of an integrated software system for the Police Department. Cit Com Inc. provides expertise in public safety information technology planning, acquisition, implementation, and best practice experience with developing public safety software Request for Proposals (RFP's). The original agreement with Cit Com Inc. stated the consultant would assist the department in the following areas: Prepare a project plan, develop an RFP, assist with vendor evaluation and selection, and assist with contract development. Over the last year, Cit Com and SAPD mutually agreed that elements of project planning were more complex than originally envisioned, requiring a project cost justification that lasted several months. Cit Com needed to perform project related tasks not specified in the original agreement, including in- person meetings at the Police Department to discuss the business case and "next steps ", preparation time for those meetings, presentations to police command staff and City staff, and a presentation to the Public Safety Committee. Additional time was also needed to prepare the Department's Computer Aided Dispatch (CAD), Records Management System (RMS), Jail Management System (JMS), and mobile technology Request for Proposal (RFP). This amendment adds $24,000 to complete these additional tasks. 25B -1 Agreement Amendment with Cit Com Inc. November 18, 2013 Page 2 In addition, in order to prepare the Police Department for the implementation and continued operation of the new system, Cit Com Inc. will conduct an inventory of existing knowledge, skills, and abilities (KSA) in anticipation of the integration project. Following the implementation of the project, the Department's reliance on technical support personnel will change. Most notably, the Department will rely on the successful proposer for support and maintenance of the application software. Hardware, infrastructure, database, and help -desk services will continue to be provided by City personnel. This evaluation will help the Police Department understand and prepare for this shift in maintenance responsibilities. Cit Com will also assist in the development of a "future state" of SAPID technology staffing model based on industry standards and best - practices. This information will identify the gaps between necessary technical services and existing resources, redundant knowledge, skills, and abilities amongst existing personnel, opportunities for bridging gaps, and the short and long term organizational value associated with the performance of current technical tasks and assignments. This evaluation will cost $7,700. An additional $5,000 has been added for unanticipated work for a total amendment amount of $36,700. FISCAL IMPACT Funds for this agreement are available in Police Department's Information Services contract services account (no. 01114425 62300). 'r Carlos Rojas Acting Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Mgt. Svcs. Agency4., � 4 25B -2 FIRST AMENDMENT TO AGREEMENT FOR PUBLIC SAFETY CONSULTING SERVICES This FIRST AMENDMENT TO AGREEMENT for Public Safety Consulting Services is entered into this 18th day of November, 2013, by and between Cit Coin, Inc.,, a Nevada Corporation ( "Cit Com "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement N- 2012 -089 dated .Tune 1, 2012, (hereinafter "said Agreement ") by which Cit Coin agreed to provide consulting services for developing a Request for Proposal (RFP) for modernizing the police department's existing computer aided dispatch (CAD), records management system (RMS), mobile system, and associated interfaces (Police Integrated Information Technology System); assist with vendor evaluation and selection; and assist with contract development. B. The funding for the initial Agreement has been exhausted. However, the vendor evaluation, selection and contract development remain to be completed clue to performance of other project related tasks not specified in the original agreement including in- person meetings at the Police Department, preparation time for those meetings, and public presentations. C. The City also desires to expand the terms of the original Agreement to allow the consultant to review the police department's current IT staffing and determine if the current staff can implement the Integrated Information Technology System once selected. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 1, SERVICES TO BE PERFORMED, shall be amended as follows: A. To replace: "The City hereby retains Consultant, and Consultant hereby accepts such engagernent, provide technological information and advice to support the Information Technology hrtegration Project, as set forth in Exhibit A, attached hereto and incorporated by reference. Consultant's duties and responsibilities shall include, but not be limited to the following:" with the following: "The City hereby retains Consultant, and Consultant hereby accepts such engagement, provide technological information and advice to support the Information Technology Integration Project, as set forth in Exhibit A and Exhibit B, attached hereto 25B -3 incorporated by reference. Consultant's duties and responsibilities shall include, but not be limited to the following;" B. To add subsection 5. to read "Identify any gaps between necessary technical services and existing resources, redundant knowledge, skills, and abilities amongst existing personnel, and the short and long term organizational value associated with the performance of current technical tasks and assignments as set forth in Exhibit "C" incorporated herein by reference." 2, Section 3, COMPENSATION AND PAYMENT, shall be amended as follows: A. Add an additional $24,000.00 for vendor evaluation, selection and contract development as specified in Exhibit "B" to pay for completion of the services set forth in the original Agreement N- 2012 -0 89; B, Add an additional $7,700.00 for IT staffing analysis as set forth in Exhibit 4fc; 11 C. Add an additional $5,000 for unanticipated work; and D. Replace "not to exceed $25,000" with "not to exceed $61,700." Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID CAVAZOS City Manager 25B -4 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOSROJAS Acting Police Chief CIT COM, INC. William Romesburg 25B -5 EXHIBIT A r Consulting Proposal A Proposal to Provide Law Enforcement Technology Modernization Consulting Services for the City of Santa Ana Contents PIRM QUA LIFIC.ATIONS, EXPI'RRNCF. AND REl° ERENC& 5 .......................... ............................... 2 CIT COM QUALIFICATIONS AND EXPERIENCE ............................ ...........,. CLIENT SERVICES ................................................................... ............................... 2 GRANT WRITING AND MANAGEMENI ............................................. ..............................2 'T'HOUGHT LEADERSHIP ..........................................................— ............,.................2 Rl:i P F A E N CEs ............... . ....... . ............................. . . ..................... ............................... 3 SEATTLE POLICE DEPARTMENT, WASHINGTON (2002 -2010) .............................. PORTLAND POLICE AND FIRE DE PARTM ENTS( 2008— CURRF. NT) ........... ............................... 3 ALAMEDA CO LINTY SHERIFF 'S 0FFICF., CALIFORNIA (2004— CURRENT) ... ..............................4 MARIN COUNTY CONSORTIUM, CALIFORNIA (2011 — CURRENT) ........... ..............................4 NAPA COUNTY POLICE AND FIRE CONSORTIUM, CALIFORNIA (2005 - 2008 ) ...........................5 TRI- CFEIES CONSORTIUM, CALIFORNIA (2007 — 2009) ..... ................... ..............................5 YOLO COUNTY SHERIFFS DEPARTMENT, CALIFORNIA (2005 - 2007) ..... ............................... S ADDITIONAL "I TRENCFS ...................................................... ..............................6 O RC ANIZATION, PERSONNEL AND 8I' Al' FIN C ....................................... ..............................7 PRIMARY CONSULTANT: WILLIAM ROMESRIIRG ...................... ..............................7 SECONDARY CONSULTANT: SUSAN MCDONALD ............................... ..............................7 TECHNICALCONSULTANT: DRFw LINDE ........................................ ..............................7 ASSOCIATE CONSULTANT! NICHOLASLOVE ..... ............................................................. S FINANCIAL CONSULTANT: NANCY LEACH.. ............... P ........ .................................. S PROPOSEDWORK PLAN ....................... ............ ..... -- .............. — ................................ 9 PHASE I'. TF C HN OLOG Y ACQ U ISFrION .................................. ..............................9 TASK 1,1: PROJECT INITIATION ................................................ ..............................9 TASK 1 -2: NEEDS ANALYSIS ............ ............ .— .............. ............................. ..,,....... 10 TASK I -3: TFcfdwOLOGY ACQUISITION .................................... ............................... I I TASK 1 -4: PROCUREMENT SUPPOR' 1 .............................. .......... ............................... 12 TASK 1.5: CONTRACTING SUPPORT ........................................ ............................... 14 PROPOSFD COST... . ........................... .............................. ... ....... 16 ., TI AIRLINE-- ........................................................................ ............................... 17 m a n L� u L 4 ju 25B -7 Firm Qualifications, Experience and References Olt Com Qualifications and Experience For the past 17 years, Cit Cons has established Itself as a unique consulting Firm specializing in police and Ore technology strategic planning; procurement and implementation. Our team of professionals is focused on three core competencies: Client Services, Grant Writing and Management, and Thought Leadership. Client Services Cit Corn is dedicated toward providing quality consulting services to municipal, county, regional, state and federal clients at affordable rates. We are privileged to have served dozens of police and fire agencies throughout the United States, Specifically, Cit Court assists with planning, procuring, implementing and financing computer aided dispatch (CAD), records management systems (RMS), jail management systems (jMS), mobile technologies (including automated field reporting) and integrated justice solutions, Beyond those care technologies, we also have a wide base of knowledge in collateral areas that impact the acquisition and implementation of technology, including: geographic information systems (GIS), wireless connectivity, justice integration (courts, district attorney, probation), and others. Grant Writing and Management Cit Court continuously monitors potential funding sources while managing existing client grants. With contacts and staff in Washington, DC, we work hard to secure funds for our clients, while helping justice officials develop future funding strategies. Having worked with federal funding authorities since 1996, we are very keenly aware or the relationship between our work products (such as project plans or business cases) and grant requirements. And, we are very proud to employ Ms. Nancy leach, the former Deputy Director of the Office of Community Oriented Policing Services (COPS). Thought Leadership o $ince 1999, Cit Cam's Managing Partner (dill Romesburg) has been the principal ' speaker at more than 100 national conferences, and has written numerous white papers r't'e and books on the topic of implementing public safety technology. Most notably, Bill is Y the author of the Law Enforcement "Tech Guide "', which has become the most widely requested publications in the history of the Department of justice. Cit Corn contributes time and labor toward industry non =profnt groups, like SEARCH (Ilic National Consortium or justice information and Statistics), helping our Orm maintain an awareness of emerging priorities and trends in the public safety technology arena. 'The Tech Guide may be downloaded for free wt: www coR- r �do,t,7¢' /fL' /rirJ Publ'rutiot v /law.•gf�rrementtechAr idsn<If; pivq complimentary bard copies are available by calling the DOI Response Center at 1.800.421 6770 r - m a Q a us c U References Cit Com has assisted law enforcement agencies with their technology acquisition efforts for the past 17 years, With dozens of local, regional, state and federal clients, the firm is proud to have established a record of success with a diverse range law enforcement agencies, including municipalities, counties, state agencies, and regional partnerships, In addition to our prior experience with the. Santa Ana Police Department (SAPD), we would also like to present the following similar public safety technology references for your consideration: Seattle Police Department, Washington (2002 - 2010) Project Manager: Randy Kyburz, project Manager Telephone: (206) 233-5113 Email: Ronc(y,Kyb rzClo._ tS seattle.aoy Project Scopei Police and Fire CAD /RMS Needs Analysis, Acquisition, Implementation Quality Assurance Agency Employees: 1,350 Sworn, 500 Non -Sworn Project Status: Seattle chose Versaterm as their CAD /RMS and mobile provider, and went live In 2009. Portland Police and Fire Departments (2008 - current) Project Manager: Use Vasquez, Project Office Manager Telephone: (503) 720-4725 Email: Iisa.vaaeuezCalunisys cam Project Scope: Police and Fire CAD, RMS, AFR Independent Quality Assurance, Contract Development Assistance, CAD Lessons Learned Report Agency Employees=: 3,095 Sworn, 1,610 Non -Sworn Project Status; Versaterm CAD went live on April 14, 2011. (this space is intentionally blank) ' Please note that Portland's Rh(S Is used by 36 agenrias in addition to the Portland Police Bureau 25B -9 `m a 2 a a m F O U Alameda County Sheriff's Office, California (2004 - Current) Project Managers: Lieutenant Jeff gromstead (for CAD /RMS engagement) Captain Garrett Holmes (for JNIS engagement) Telephone: Lt, gromstead: (510) 667.3643 Captain Holmes (925) 551 -6553 Email: ibromstead0acgov.orn ghoimes0acaoy,org Project Scope: From 2004 - 2006, we assisted ALSO with their CAD, RMS, AFR Project Planning, business Case, Procurement Assistance, Contract Negotiations and Implementation Assistance. ACSO retained Ctt Com In 2011 to assist with replacing their existing J MS system. Agency Employees: 1,000 Sworn, 500 Non -Sworn Project Status: The Alameda Consortium selected Intergraph In 2005, and is currently live on all systems. In March, 2012, ACSO selected ATIMS as their JMS provider. Contract development will begin In April, 2012. Merin County Consortium, California (2011 _ Current) Project Manager; Lee Ann Magoski, Communications Manager Telephone: (415) 473 -4123 Email: ImagoskItItmarinsherIffor e Project Scope: CAD and Mobile CAD Project Planning (current phase), Business Case, Procurement Assistance, Contract Negotiations and Implementation Assistance Agency Employees': 500 Sworn, 200 Non -Sworn Project Status: Morin currently uses a Northrop Grumman (PRC) CAD system. Currently, we are preparing the project plan, and developing a formal written relationship amongst the consortium participants for CAD replacement (and ongoing operational costs). (this ;pace isintendonali blank) ' Please note that htaein provides dispatch services to nine agendas In addition to the SherV3 office 25B -10 +w c 4 V Ell Napa County Police and Fire Consortium, California (2005 - 2008) Project Manager: Shirley Perkins, Project Manager Telephone: (707) 257-9284 Email: soerkins@cityofnaca,ora Project Scope: Police and Fire CAD /RMS Needs Analysis, Acquisition, Implementation Communications Center Consolidation Study Agency Employees": 450 Sworn, 220 Nan -Sworn Project Status: The Consortium chose Intergraph In 2006. The City of Napa continued to provide consolidated dispatch services forseveral nearby cities and the County Sheriff. Tri- Cities Consortium, California (2007 - 2009) Project Manager: Elizabeth Putrino, Project Manager Telephone: (562) 567 -9151 Email: eputrino@cityofwhittler.org Project Scope: Police and Fire CAD /RMS Needs Analysis, Acquisition, Implementation Communications Center Consolidation Study forthree Los Angeles County Cltles: Montebello, Monterey Park and Whittier. The Consortia agencies replaced Tiburon CAD /2000 (and RMS) products. Agency Employees': 360 Sworn, 80 Non -Sworn Project Status: The Consortium acquired, and implemented, New World Systems. All systems are live and operational. Yolo County Sheriff's Department, California (2005 - 2007) Project Manager: Pam Choquette, Communications Manager Telephone: (530) 6611-5232 Email: nam.chnnuette@volocountv.org Project Scope: Sheriff's Police CAD, RMS and JMS Business Case, Requirements Development, Acquisition, Contract Development, Implementation Assistance Agency Employees: 125 Sworn, 50 Non -Sworn Project Status: The project concluded in 2007, with the successful Implementation of Tiburon's CAD, RMS and JMS (TI suite). ' Please note that Napa provides dispatch s�Tvices to five agencies In addition to the Shemirs Department ' Please note that Napa provides dispatch acrvices to five agencies inaddidan to the Sheriffs Department 25B -11 m c 0 a >a e U -r 1. cl rr' sap, Addition� Refcrencee The preceding references were selected to comply with the RIFF requirements (similar clients within the past five years). In addWon, we have assisted the following agencies with related projects: Date Client Name Contact Services 06/02 — Albuquerque Police & Fire Captain Dave Depies Police and Fire CAD, 06106 400 Roma Ave NW N 1 505. 768.2495 Police RMS Business Albuquerque, NM 87102 DDepies coba.aov Case, Requirements Development, Acquisition, Contract Development, Implementation, Quality Assurance. 06/01 — San Diego County Sheriff Chuck Brown police RMS Business 01/04 9621 Ridgehaven Court Project Manager Case, Requirements San Diego, CA 92123 858. 694.2333 Development, Chuck,Brown6iscjshgrjff,;,srg Acquisition, 2007— Sonoma County Sheriff Sabrina Doss Sheriff's JMS Needs 2008 2615 Paulin Drive Project Manager Analysis and Business Santa Rosa, CA 9540 (707) 565.3454 Case Development, s doss0sonoma- countv.orn 2002— wake County Sheriff Raymond Boutwell Sheriff's Police RMS and 2004 Post Office Box $50 Project Manager JMS Business Case, Raleigh, NC 27602 (919) 856 -5483 Roquirements rboutwellgcq,yUakg.nc.us Development. 2006 State of California Debbie Rayner Police CAD and RMS 2010 Department of Parks and Project Manager Business Case, LEISTC Recreation Police (916) 798.7978 Requirements 1416 9th street de�raymerOccmcast .net Development, Sacramento, CA 95814 Acquisition. e 25B -12 I a u Organization, Personnel and Staffing As your trusted advisor, a consultant must have the ability to effectively communicate with employees at all levels within the organization, and provide unique insight into the complexities of evaluating and procuring new public safety technology. A key facet of our successful consulting methodology is our assignment of senior, experienced people who bring real - world, hands-on experience to each engagement. For this reason, Ch Com Is pleased to offer Mr. William Romesburg, our Managing Partner, as the Primary Consultant to the engagement, supported by an exceptional team of professionals, including: Mrs. Susan McDonald (Secondary Consultant), Mr. Drew Linde (Technical Consultant), Mr. Nicholas Love (Associate Consultant) and Mrs, Nancy Leach (Financial Consultant). Primary Consultant: William ( 08111") Romesburg With over twenty years of public safety experience, and dozens of successful consulting engagements, we believe that Mr. Romesburg offers the SAPD an exceptional range of relevant expertise, Having started his public safety career as a records technician in 1986, William affords a diverse background, which includes full time employment as a records technician, police and fire dispatcher, sworn police officer, assistant to the city manager and public safety consultant to numerous police and fire agencies throughout the country. Bill is a nationally recognized expert in public safety strategic planning and has assisted hundreds of public safety agencies in employing practical and effective strategic planning principles. During the past decade, 13111 has been the primary speaker at over one hundred national conferences sponsored by the US Department of Justice (DCj), the Bureau of Justice Assistance and SEARCH (The National Consortium of Justice Information and Statistics), Secondary Consultant: Susan McDonald Susan has been assisting public safety agencies for nearly 2S years, Her exceptional record of achievement includes the provision of public safely technology strategic planning, procurement, installation and quality assurance to dozens of clients throughout the United States, Canada and Great Britain, Susan recently completed a seven year engagement, as Project Manager for the Seattle Police and Fire Department's CAD, RMS, and mobile technologies, Technical Consultant: Drew Linde Drew joined Cit Coin in 2003 after having served the City of Livermore, CA, Police Department as their Information Technology Director. [a addition to possessing a unique depth of technical knowledge, Drew has unique insight into the vendor community, after working for a Tier 1 CAD/ RMS vendor for nearly tw'o years. Since that time, Drew has managed some of Cit Coin's largest mid most complex initiatives, including the County of Alameda's CAD, RMS, and mobile replacement. More recently, Drew has managed the Bay Area Rapid'rransit (BART) District's 0 construction of a new selsmiedly retrofitted dispatch center and due modernization of the District's L aging CAD, RMS and mobile technologies. i? 0 U (+h •2y�2 25B -13 Associate Consultant: Nicholas Love Mr, Love. joined Cit Com in early 2011, as an Associate Consultant. Nicholas is completing his degree in Public Administration and History, and has served the Riverside County SherliPs Department since 2009. He has assisted the City of Portland in their Police and Fire technology acquisition, and is currently develophtg An agreement between A nMS and the County of Alameda. Financial Consultant: Nancy Leach After a decade with the US Department of justice, COPS Office, Mrs. Leach joined Cit Com, wherein she provides grant and financial management services for our clientele. For the SAPID Initiative, Nancy would initially be evaluating grant opportunities and preparing any grant reporting instruments requested by the participating agencies. 4� 25B -14 Q c c 0 V Proposed Work Plan Cit Com, Inc has previously assisted SAPD, and has recently participated in several onsite discussions regarding the organiUti.on's preferred approach to modernizing tecluiology. Based on our discussions, past work, and experience, we have developed the following two-phase work plan (subject to collaborative review and approval). PHASE I: TECHNOLOGY ACQUISITION Task i -1: projetct. Initi -5Cinn Upon a notice to proceed, Or Com would assemble the assigned project team, onsite, to conduct a formal Project Kick -Off meeting, Typically, the initiation entails a full day of activity, and is intended to achieve the following: • Personally introduce the key Cit Com and agency project participants- • Enable the key project stakeholders an opportunity to describe their vision, goals, and expectations of both Cit Com, as well as the ultimate vendor. • identify facility location(s), and access controls. • Review high -level plans, and seek /obtain clarification. • Discuss and understand pre- existing governance structures. Following the Project Kick -Off meeting (which typically occurs in the morning), Cit Com personnel would conduct facilitated meetings with the SAPD Project Manager, the project team, and identified representatives, to begin work on the Project Plan, which governs the. manner and conditions that guide the project from beginning to end, serving as "the project's blueprint Ctt Com would create a comprehensive Project Plan, specific to the nuances of the initiative, including the following elements: • identification of key project stakeholders who are affected by the current and future public safety information technologies, • Define the project's scope, objectives, plans, and requirements, • Develop change order procedures. • Establish a Microsoft SharePoint project website (optional), • Discuss general procurement guidelines and agencyrequired parameters, • Determine various agencies and users' level of participation, roles and responsibilities. • Discuss existing project budget estimates and start gathering Information necessary to prepare a preliminary budget. • Identify relevant grant reporting requirements and mtcrvals (if applicable). • Prepare plans, calendars, and milestones including: — List of tasks, deliverables and meeting schedules a — Scheduled progress meetings 0 s — Method of updating general personnel of project status Specific deliverables for this task would include: N r 4a�+ir iS-' r} 25B -15 a Project Plan, Including: — Project Governance (Steering Committee) — Project Team Organization Chart (with roles /responsibilities) — Project Methodology (tasks) — Change Management Plan — Risk Management Plan — Project Escalation Procedures — Communications Plan — Preliminary Budget — Project Work Plan (MicrosoR Project; 2007 GANTT chart) • Initial and Recurring Reporting Tools; — Monthly Project Status Reports — Project SharePoint Website (optional) Task 1-2: Needs AnaR /sis One of the key tasks in project planning is to educate current, future and other potential stakeholders about the benefits and payoffs of modernized public safety technology, Even when stakeholders seem to support the idea, it is still critical to artictdate the need and state the benefits, particularly when multiple alternatives exist for stakeholder consideration. Therefore, Cit Com would prepare a Needs Analysis to describe the potential benefits to the organization and the public that would emerge from the selected approach. The Business Case would include a summary of the Analysis of Alternatives, as well as a recommended alternative with supporting documentation related to the analysis (including estimated proposed alternative and avoidance costs). The Needs Analysis would highlight the following: • Potential improvements that are likely to be achieved through the introduction of contemporary dispatch technology, including: — Reduction of redundant data entry and paler documents — Data accuracy and speed of retrieval — Single point of data entry thus eliminating duplicate data entry and reducing the amount of errors and conflicts contained within stand -alone systems — Vetter decision- making by field personnel, police investigator's, and management In allocating resources — Reduced in -kind costs associated with each benefit 2 a • Potential opportunities that will stem from the introduction of new technology, c includutgt `d to }�v i i ,.`rwe- i 25B -16 — Economies of scale in terms of financial investments (both initial and recurring support /maintenance) — Ability to share information with public safety partners: regionally, statewide, and nationally — More complete, accurate, timely, and accessible information will improve reporting and trend analysis, streamline data processing and workflow, and will ultimately enhance public and personnel safety + Potential risks associated with failing to modernize the existing technology, including: — Financial (support, replacement and other recurring costs) — Operadonal (reliability and accuracy of existing systems) — Anecdotal (loss and tragedy attributable to the absence or failure of required technology) Task 1 -?,: Tpohnology Acquisition The initial step in compiling the procurement documents involves the documentation of the new systems design, approach, features and capabilities. Whenever possible, consideration would be given to expansion capacity for the next live to ten years. The request for proposal (RFP) design and configuration would include the following; • Identification of Required Modules • Interface Requirements • Security and Access Controls • Speed and Accuracy Requirements • Mobile Accessibility and Reporting Requirements • GIS /Mapping Integration Requirements • NCIC/CLETS /DMV Interface Requirements • Internal and External Reporting Requirements Additionally, we would document user requirements including, but not Inuited to: • Reliability Requirements • Peripheral Requirements • Documentatiou and Training Requirements • Security and Access Controls • Performance, Response Tune, Implementation and Timeframe Requirements • Adherence to standards, including: the Global justice XML, NiEM, NextGen 911 — Following Ate inclusion of systemic requirements, we would prepare and include the following RFP $ chapters: on c 1. Project Background, Purpose and Goals 2. Current Environment o 3. Current and Estimated Volumes U EV 25B -17 4. Vendor Response Forms (including the evaluation and selection approach) S. Functional Specifications Cit Com was a primary author of the Law Enforcement Information Technology Standards Council's (LEITSC) national CAD and RMS functional standards. Therefore, we possess the "source" material from which those documents were crafted, and provide our clients with detailed (technical and functional) requirements in a succinct medium for use in RFP documents. The SAPD RFP documentation would fully describe the criteria to be used in evaluating the proposals as welt as set forth the plan to be followed in conducting the evaluation. Cit Cum would make recommendations for the most appropriate method far evaluating the responses. The RFP would be submitted in draft form to project team members for review and amendment. Following Steering Committee approval, a final copy would be delivered to the City for release. Cit Corn would release the RFP to a fist of qualified vendors (prepared cooperatively with SAPD), as well as to any vendor responding to the open hid (in concurrence with city requirements). A pre - proposal conference would be conducted for prospective vendors, addressing questions and issues and Cit Cam would be in attendance. Specific dcliverables of this task would Include: — Draft and Final Specification documents — Draft and Final SAPD RFP Trask. 1 -4: Procurement Support. Cit Gam, acting as a member or the evaluation team, would review each proposal response to determine which systems are best able to meet the requirements. Each proposal would also be reviewed by members of the project team for completeness and to ensure that they properly address the functionality requirements of the RFP. During this portion of the project, the evaluation and selection criteria methodology would be applied, thus eliminating vendors who fail to meet the requirements. Using the evaluation criteria as a guide, qualified proposals would be evaluated in depth based upon (at a minimum) the following criteria; • Adherence of the proposal to the format. • Completeness of the proposal. • Quality and depth of references. • Previously demonstrated ability to mocessfully install police technology applications. • Level of service and responsiveness that the vendor commits to providing to the City. • Financial stability and resources of the vendor. • Experience and technical expertise of staff, m • Design, capability, and functionality of system and application software as determined by w � the evaluation team.° • Current availability and ability to demonstrate Installation of the proposed software applications required by the City. W a n; f 25B -18 0 Level of integration between applications and demonstrated interfaces with external systems /devices. • Capability, design, reliability, warranty and expandability of proposed hardware • Economic feasibility and justification of all costs. • Vendor willingness and ability to negotiate a contract acceptable to the City. Feasibility, timeliness and duality of software implementation schedule and conversion Plans (if data conversion is required). • Level of assistance to be provided to the City by the vendor during the implementation process as part of the contract. • The number of hours and extent of user training. 0 duality and extent of the documentation to be provided. Additionally, information pertaining to each major area of the specincadons would be summarized, evaluated and ranked. 'rho sample illustration, below, Is one of approximately 100 such charts produced by our proprietary RFP scoring tool, Ch Cam provides all clients with these illustrations to provide graphic displays of vendor responses in each proposed module; enabling a visible presentation of vendor contrasts: . .. 0.MIS Gah,W rtpY.4x,wMY llaa, NoauWbj Information pertaining to each major area of the specifications would be summarized, evaluated and ranked. Additional information and clarification would be obtained from responding vendors as required. Finally, the list of vendors would be narrowed to two semi - finalist vendors who would be further evaluated though vendor demonstrations, operational site visits, reference checks and oral g. interviews. Based upon the proposal and subsequent analysis, Cit Cam would recommend the 0 company whose system(s) and equipment best meet the overall requirements of the City in a Finalist Recommendation Report, The Finalist Recommendation Report would be submitted both in 0 U Y „JfrS 25B -19 writing and orally to the project governance structure, allowing an opportunity to discuss the content of the report. Specific deliverables of this task would include: — Initial Proposal Analysis — Finalist Recommendation Report — Analyzing proposals, and preparing easyto•read summaries of the content — Conducting oral and on site reference checks on the bidding vendors — Facilitating on site presentations from finalist vendors — Preparing a written and oral finalist recommendation for the City Task 1 -5: Contracting, Support Cit Cam works with the agency and their selected vendor(s) to aid in the development and negotiation of a `best and final" contract in order to obtain the most favorable provisions and stipulations for the agency. The resulting agreement includes a primary, or umbrella, agreement which defines the legal terms and conditions of the relationship between the City and the vendor. The umbrella agreement includes several exhibit& which govern the actual project activities. The most important exhibit Is the Statement of Work. Cit Cam would prepare the initial Statement of Work (SOW) which would serve as the blueprint for the implementation. The SOW defines each task involved it; the entire project, which usually includes the following for each application (or technology): • Project Kickoff • Documentation Delivery • RocuiremeatsValidation • Training • Hardware Review • Interface Testing • Project Schedule Delivery • Production C'utover • Hardware Installation • Functional Testing • Base Software Installation • Reliability Testing • Software Tailoring • Performance Testing • Interface Development and Tasting • Product Certification • GeorileBuilding • Refresher Training 1 n 0 as n 5 c U t7 k�k J 25B -20 In addition to the Statement of Work, Cit Cam would also assist In developing the Following exhibits: • Comprehensive Training Plan • Detailed Project Deliverables • Payment Schedule • Project Timeline • GeoFile Construction Document • Interface Control Document • Software License Agreement • Agreement for Extended Services • Warranty Coverage • Relevant Subcontracts • Acceptance Test Plans A- a w G b I 1 25B -21 i i I I Proposed Cost Our professional fees are based upon our expericncu with similar projects, our prior work with SAPD, and upon our understanding of the initial requirements. Based on this information, we estimate the following number of hours to be required: j ? F{pun Preliminary Task t)eepriptipn pftl'nwk ' Required Cost Estisaate —t Project Imitation 25 ss000 2 1 -2 asses ..,,._._,y ^' 3U .. 86 SG 000 ,• .., .,I lY. gyyAt� ula'Itlon Technology i i,.. $7 000 ........4�. 1— �ProeurenneotS Support 35 r $7,000 I — ,i Contracting Support (future) (future) Cit Core is confidently able to forecast the level of effort required for the first four tasks. By contrast, Contracting Support (Task b S) is difficult to accurately determine. When clients select vendors that we have worked with in the past, we are able to provide substantially lower contracting support fees (because we have pre - existing agreements with such vendors), Therefore, we have forecast hours and pricing only for the first four tasks at this time The total nurnber of hours required for the first four tasks is 125 hours. Cit Cori s current hourly composite rate is $ 250 /hour. However, our ftrm's previous relationship with the City has significantly reduced the "learning curve" associated with this initiative, and the associated costs. Consequently, we arc proposing Professional services at our 2006 hourly composite rate of $ 200 /hour, for an aggregate total of $25,000. Cit Com would be rehnbursed for direct expenses at a rats: not to exceed federal government standards, and at the approval of the Project Manager. 0 as N c c U MIA 25B -22 S Timeline Cit Com Is ready to begin work upon receipt of a notice to proceed (as agreements often require several weeks or months of preparation). The following dates reflect our forecast for milestone completion: s. Task Description of Work Start " "', `End 1 -2i olds ,Anal ix n N ,...., �.,.I -3 Technology .Acqu. ..._,. .. isi Lion 1 -4 Procurement Support 1-5 Contracting Support 1 ]uric 15, 2012 June 29, 2012 June 29, 2012 July 16, 2012 July ii, 2012 September 17, 2012 ! on 9/ I i / 11, Rupoaarux Do, on I ! /1 / 12) ( FP dft Aelewe . .. ..... ...,...,,, .. .. Navemher 2, 2012 0ocembcr 31, 2012 January 4, 2013 May 1, 2013 (Conrroo De.alopmenr Poreeon to Auqutre J Months) 25B -23 2 u no N C O U L A �J EXHIBIT "B" 25B -24 25B -25 Law Enforcement Technology Consulting Services for the City of Santa Ana Police Department Contents UPDATED PROPOSAL- .................................... ...... ....................,.,,,,..,, 2 MAY, 2012 CONTRACT ........................................................................... ..............................2 TASK 1-4: PROCUREMENT SUPPORT ........................................................ ..............................2 TASK 1.5: CONTRACTING S UPPORT ......................................................... ..............................3 PROPOSEDCOST ....................................................................................... ..............................5 h 0 p, M bA C W 25B -26 Updated Proposal May, 2012 contract In May, 2012, Cit Com was retained by the City of Santa Ana Police Department (SAPD) to provide professional assistance with modernizing the agency's legacy dispatch, records, mobile and jail infrastructure. The project was divided into the following tasks: 1. Project Initiation 2. Needs Analysis 3. Technology Acquisition 4. Procurement Support 5. Contracting Support The second task, Needs Analysis, was originally conceived as a 30 -hour task. However, Cit Com and SAPD mutually agreed that the task was more complex than originally envisioned, requiring a project cost justification that lasted several months. Although the budget was exhausted, Cit Com continued to work with SAPD well beyond Task 2, by participating in onsite meetings (to discuss the Business Case and "next steps "), and writing the Department's Computer Aided Dispatch (CAD), Records Management System (RMS), Jail Management System (JMS), and mobile technology Request for Proposal (RFP). Tasks 1— 3 were completed, while Tasks 4 and 5 were not. With the RFP in near - final form, the City is ready to release the RFP to the vendor community. Cit Com has prepared this proposal to complete the remaining two tasks: Task 1-4. procurement 3nunort Cit Com, acting as a member of the evaluation team, would review each proposal response to determine which systems are best able to meet the requirements. Each proposal would also be reviewed by members of the project team for completeness and to ensure that they properly address the functionality requirements of the RFP. During this portion of the project, the evaluation and selection criteria methodology would be applied, thus eliminating vendors who fail to meet the requirements. Using the evaluation criteria as a guide, qualified proposals would be evaluated in depth based upon (at a minimum) the following criteria: • Adherence of the proposal to the format • Completeness of the proposal. • Quality and depth of references. a • Previously demonstrated ability to successfully install police technology applications. • Level of service and responsiveness that the vendor commits to providing to the City. 0 v D 25B -27 • Financial stability and resources of the vendor. • Experience and technical expertise of staff. • Design, capability, and functionality of system and application software as determined by the evaluation team, • Current availability and ability to demonstrate installation of the proposed soft- ware applications required by the City. • Level of integration between applications and demonstrated interfaces with external systems /devices. • Capability, design, reliability, warranty and expandability of proposed hardware. • Economic feasibility and justification of all costs. • Vendor willingness and ability to negotiate a contract acceptable to the City, • Feasibility, timeliness and quality of software implementation schedule and conversion plans (if data conversion is required). • Level of assistance to be provided to the City by the vendor during the Implementation process as part of the contract, • The number of hours and extent of user training. • Quality and extent of the documentation to be provided, Additionally, information pertaining to each major area of the specifications would be summarized, evaluated and ranked. Additional information and clarification would be obtained from responding vendors as required. Finally, the list of vendors would be narrowed to two semi - finalist vendors who would be further evaluated though vendor demonstrations, operational site visits, reference checks and oral interviews. Based upon the proposal and subsequent analysis, Cit Com would recommend the company whose system(s) and equipment best meet the overall requirements of the City in a Finalist Recommendation Report. The Finalist Recommendation Report would be submitted both in writing and orally to the project governance structure, allowing an opportunity to discuss the content of the report. Specific deliverables of this task would include: — Initial Proposal Analysis — Finalist Recommendation Report — Analyzing proposals, and preparing easy -to -read summaries of the content — Conducting oral and on site reference checks on the bidding vendors — Facilitating on site presentations from finalist vendors — Preparing a written and oral finalist recommendation for the City Task I -S; Contracting Suoport Cit Com would work with SAPID and their selected vendor(s) to aid in the development and negotiation of a "best and final' contract in order to obtain the most favorable provisions and stipulations for the agency. The resulting agreement includes a primary, or umbrella, agreement which defines the legal terms and conditions of the relationship 25B -28 N n a, n v i between the City and the vendor. The umbrella agreement includes several exhibits which govern the actual project activities. The most important exhibit is the Statement of Work. Cit Corn would prepare the initial Statement of Work (SOW) which would serve as the blueprint for the implementation, The SOW defines each task involved in the entire project, which usually includes the following for each application (or technology); • Project Kickoff • Documentation Delivery • Requirements Validation • Training • Hardware Review • Interface Testing • Project Schedule Delivery • Production Cutover • Hardware Installation • Functional Testing • Base Software Installation • Reliability Testing • Software Tailoring • Performance Testing • Interface Development and • Product Certification Testing • Refresher Training • Geofile Building In addition to the Statement of Work, Cit Com would also assist in developing the following exhibits: • Comprehensive Training Plan • Detailed Project Deliverables • Payment Schedule • Project Timeline • Geofile Construction Document • Interface Control Document • Software License Agreement • Agreement for Extended Services • Warranty Coverage • Relevant Subcontracts • Acceptance Test Plans m h 0 0 ti 0. np R G C U fJ 25B -29 Proposed Cost Our professional fees are based upon our experience with similar projects, our prior work with SAPID, and upon our understanding of the initial requirements, Based on this information, we estimate the following number of hours to be required: Task_. I -4 ._._._,.V_�_.. - .......�� Description oFWork Procurement Support Flours Required -_. �_ . 40 _.,...............,.....W... Preliminary Cost Estimate $8,000 1— 5 Contracting Support 80 $16,000 Cit Corn is confidently able to forecast the level of effort required for Task 1 -4. By contrast, Contracting Support (Task 1 -5) is difficult to accurately determine. When clients select vendors that we have worked with in the past (we have worked with 8 of the 10 Tier -1 vendors), we are able to provide substantially lower contracting support fees (because we have pre - existing agreements with such vendors). Therefore, we have forecast 80 hours for Task 1 -5 under the assumption that SAPID will acquire a Tier -1 law enforcement technology vendor with whom we have previously worked. Should a unique vendor be selected, we would evaluate the additional effort and inform SAPID prior to undertaking any contract assistance tasks. The total number of hours required for the remaining two tasks is 120. Cit Corn's current hourly composite rate is $250 /hour. However, our firm's previous relationship with the City has significantly reduced the "learning curve" associated with this initiative, and the associated costs. Consequently, we are proposing the continuation of our professional services at an hourly composite rate of $200 /hour, for an aggregate total of $24,000. I fi n n, c� N a, as e N C O V 0., 25B -30 EXHIBIT "C" 25B -31 Cit Com Technical Resource Alignment Cit Cam reviewed the existing contract with the City to determine whether changes were permissible, The contract was executed on June 1, 2012, and has no pre- determined expiration date (eliminating one hurdle). More importantly, the contract can be amended by both parties, subject to mutual agreement (See Section 12). Therefore, we are proposing the following: Solution f.' Today, the Department relies on a blend of full -time, part -time, and contract staff to provide Information technology support services. Recognizing that the Department has an array of disparate technologies (i.e„ Tiburon CAD, in -house RMS, ATIMS 1MS, etc.), it's understandable that unique skill -sets are required to support and maintain them, Recently, the Department completed a Business Case and subsequent Request for Proposals (RFP) for an integrated law enforcement solution that would replace the existing disparate systems with a single, vendor - provided package. The Department recognizes the importance of aligning the mission of existing technical support staff with the near -term acquisition and implementation of an integrated law enforcement solution. Step P Mventory of Existing Technical Resources The first step is to conduct an inventory of the existing knowledge, skills, and abilities (KSA) of the existing technical support resources. We envision the inventory occurring in two parts: Step 1) A written pre - interview assessment would be provided to each technical resource, requesting the following: a) A description of formalized technical education, b) A summary of certifications or unique product /environmental qualifications, c) A description of on- the -job training that is currently leveraged (in the SAPD environment), d) A complete list of existing tasks, assignments, and responsibilities and their association with existing City hardware, software, infrastructure, interfaces, or services; Part 2) Using the pre - interview assessment as a guide, personal interviews would be conducted to obtain clarification, and better characterize each individual's skill -set and area of responsibility. RESOURCES: CIT COM STAFF DEVELOPS SAPD - SPECIFIC INVENTORY (6 HOURS) R.OMESDURG /PARKER CONDUCT ONSITE ,1,25 HOUR INTERVIEWS WITH SIX INDIVIDUALS (b' HOURS) STEP HOURS: 14 Step 2: Development of a "Future State" Following the implementation of an integrated law enforcement solution, the Department's reliance on technical support personnel will change. Most visibly, the Department will rely on the chosen - vendor for support and maintenance of the application software (which will be defined in a comprehensive master support agreement). Hardware, infrastructure, database, and help -desk services will continue to be provided by Department personnel. However, the specific roles and responsibilities have not yet been contemplated. Therefore, the second alignment step is the creation of a "future state" of SAPD technology staffing, based on industry September 16, 2013 25B -32 1 Cit Com Technical Resource Alignment Proposal standards and best - practices (as deployed in similar -sized American law enforcement agencies with integrated law enforcement technology). RESOURCES: ROMESBURG /LI:NDE PREPARE SAPD "FUTURE STATE" (8 HOURS) STEP 11OURS: 8 Step 3; Overlaying Existing Resources with Future Requirements The third, and final, step in the alignment is to overlay existing technical resource skills and capabilities with "future state" requirements. The overlay is intended to identify the following: 1) Gaps between necessary technical services and existing resources, 2) Redundant knowledge, skills, and abilities amongst existing personnel, 3) Opportunities for bridging gaps, 4) The short and long term organizational value associated with the performance of current technical tasks and assignments (as an example; If a contractor currently spends 20 hours per week maintaining an application scheduled for replacement, the overlay would assess the impact of continued maintenance versus discontinuation). RESOURCES: ROMESBURG/ PARKER /LINDEPREPARE OVERLAY AND RESULTING WRITTEN FINDINGS (16.5 HOURS) STEP 110URS: 16.5 Based on the outlined approach, we propose the following: Step Quantity Contract Timeframe (Assumes September 30 start date) of Hours Rate 1: Inventory 14 $2,800 September 30 - October 18 Inventory prepared and released within one week. Technical staff would be given at least five business days to complete the inventory. Onsite interviews would occur one week after receiving (and validating) inventory responses. 2: Future State 8 $1,600 September 30 - October 4 Future State would be developed concurrent with Step 1. 3: Overlay 16,5 $3,300 October 21- October 30 Overlay exercise would occur during the week following the interviews, with analysis and written recommendations requiring an additional 2 -4 business days to complete. Total 38.5 $7,700 (One month total) We have applied a September 30 start date for illustrative purposes only (although, if approval was granted, we'd be ready to start on September 30). September 16, 2013 25B -33 25B -34 CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: AMENDMENT TO AGREEMENT WITH TIBURON, INC. FOR COMPUTER AIDED DISPATCH SYSTEM MAINTENANCE CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0=1160 =10, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement amendment with Tiburon, Inc. to provide software maintenance and support services in an amount not to exceed $39,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department utilizes a computer aided dispatch (CAD) system called IQ /CAD to manage field activity including calls for police service and the activity of field personnel. This mission critical system connects the community's needs for police services with City's police resources. It is also vital in protecting the safety of police personnel. Due to the essential nature of this system, the City contracted with Tiburon, Inc. to maintain and support this system as needed on a 24/7 basis. Tiburon owns the licenses for this software and is the only company able to support this system. The current contract for maintenance expires November 30, 2013. This amendment to the current contract will continue that maintenance through November 30, 2014. Tiburon has been accommodating, professional and consistent in its servicing of the system and staff recommends continuing this maintenance in order to ensure the ongoing operation of the IQ /CAD computer aided dispatch system. FISCAL IMPACT Funds for this agreement are available in Police Department's Information Services contract services account (no. 01114425 62300). Carlos Rojas Acting Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Mgt. Svcs. Agency 25C -1 25C -2 SECOND AMENDMENT TO AGREEMENT This SECOND AMENDMENT TO AGREEMENT is entered into this 15t day of December, 2013, by and between TIBURON, INC., (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. City and Consultant entered into Agreement #A- 2012 -065, dated March 19th, 2012, (hereinafter said Agreement') by which Consultant was to provide the Santa Ana Police Department with maintenance and support of its existing Computer Aided Dispatch (CAD) system known as IQ /CAD and its related components. B. By First Amendment to Agreement dated November 30, 2012, the parties amended the scope, compensation and term of the Agreement. C. In accordance with the terms and conditions of said Agreement, the Parties desire to extend the term of said Agreement for an additional one -year period and add additional compensation for the period of extension. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement and the First Amendment to Agreement, except as herein modified, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation to an amount not to exceed $39,000.00 to pay for the services during the extended term. 2. Section 3, TERM, shall be amended to extend the term of said Agreement for an additional one -year period through November 30, 2014. Except as hereinabove modified, all terms and conditions of said Agreement and First Amendment to Agreement shall remain in full force and effect. 25C -3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY IM Joseph Straka Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager TIBURON, INC. (Name) (Title) 25C -4 fewame CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: AGREEMENT WITH LINIER SYSTEMS FOR ANNUAL MAINTENANCE AND SUPPORT OF POLICE DIGITAL IMAGING MANAGEMENT SYSTEM CITY . / CLERK OF COUNCIL USE ONLY: 0=0 90:1 ❑ 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 execute an agreement with Linear Systems for maintenance and support of the Digital Imaging Management System (DIMS), which maintains all photographic still, video and audio evidence for the Police Department, in an amount not to exceed $29,999. DISCUSSION The Police Department's Digital Imaging Management System (DIMS) was purchased in 2004 using Urban Area Security Initiative (UASI) funds and allows crime scene images to be captured and stored digitally. It currently houses nearly six - hundred thousand crime scene photographs and countless hours of crime scene video and audio footage. This system is a compulsory investigative tool that assists in the successful documentation of extensive crime scenes. The DIMS system is of paramount importance to criminal investigations and its maintenance, continued security, and storage redundancy is essential for the Forensic Services section. The responsible vendor, Linear Systems, has been accommodating, professional and consistent in it's servicing of the system and staff recommends renewal of their agreement. The agreement will be for a one -year term for a not to exceed amount of $29,999. FISCAL IMPACT Funds are available in the Police Department's Forensic Services contract services account (no. 01114455 62300). 1 Carlos Rojas Acting Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 25D -1 25D -2 MAINTENANCE AND UPGRADE AGREEMENT THIS MAINTENANCE AND UPGRADE AGREEMENT, made and entered into this W" day of November, 2013 by and between Linear Systems (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special ski-11 and knowledge in the field of providing maintenance to and upgrades as necessary for the Police Department's digital imaging management system (DIMS) which maintains all photograph, video and audio evidence for the Police Department. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor has provided maintenance and support for the DIMS system since it was originally purchased in 2004. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide maintenance and upgrades to the DIMS system as outlined in the attached Exhibit "A ". This shall include a one year warranty for enhanced digital acquisition station, image server, forensic services field personnel kits, and two forensic services lab kits. It shall also include on -site maintenance and support for the data base case management rack server, PDD library and digital output devices. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be $29,999.00. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This term of this Agreement shall be for a one (1) year period, unless terminated earlier in accordance with Section 12 of this Agreement. 25D -3 A. INDEPENDENT CONTRACTOR Contractor shalt, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance, In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 2 25D -4 c. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved inform by the City Attorney, (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. G. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like 3 25D -5 importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City, 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not acquire any interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. No persons having such interest shall be employed by or associated with Contractor. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1.988 - -- _ _ _Santa Arta CA__ _ ... __._ Fax (714) 647 -6956 With courtesy copies to: and Chief of Police Santa Ana Police Department City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 245 -8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) 4 25D -6 P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647 -6515 To Contractor: Linear Systems 8403 Maple Place Rancho Cucamonga, California 91730 Fax (909) 899 -4346 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, any communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. if sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, acid supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein: 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subj cot to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by either party upon ninety (90) days written notice of termination to the other party. In such event, Consultant shall be entitled to receive and the City 5 25D -7 shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Police Chief may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement, 15. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes; codes; rules, regulations, orders; and - decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, the Displaced Janitorial Opportunity Act, Section 1 Chapter 4.5 (commencing with Section 1060) added to part 3 of Division 2 of the California Labor Code, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seg., Government Code § 4450 et .serf., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 6 25D -8 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indenmify City frilly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA HUIIAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney P Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR LINEAR SYSTEMS By: (Name (Title) Tax. ID 7 25D -9 EXHIBIT A s 25D -10 LINEAR SYSTEMS 8403 MaplePl" Rancho Cucamonga CA, 91730 909.8994345 909. 8994346 FAX BILL TO City of Santa Ana Purchasing Division M -16 20 Civic Center Plaza Rnr 429 $ante Ana, CA 92701 Sharon Hair (714)647 -5467 SHIP TO Santa Ana PD Photo Lab 60 Civic Center Plus Santa Ana, CA. 92702 Attn: Hea8ler Under Account# SAN8471 INVOICE DATE INVOICE # 8/19/2013 20139632 P.O. # TERMS REP SHIP VIA FOB SHIP DA... DUEDATE INVOICED Net 30 JH NIA Source 8/19/2013 911812013 07/01/2013 ITEM DESCRIPTION QTY B10 UST $ UNIT $ TOTAL LSH00DSD Linear I Year Depot Warranty for Enhanced Digital Acquisition Station 1 2,750.00 2,750,00 LSII OOISO Linear l Year On -Site Warranty for dmageserver 1 8,750.00 8,750.00 LSI1000SIT Linear 1 year on -site maintenance & support for Database Case 1 3,500.0 3,500.00 Management Rack Server 1,811000SIT Linear I year onsite maintenance & support for Linear PDD Library 1 8,750.0 8,750.0 LSI1000SWAE Linear Iyear additional warranty Forensic Services Field Personnel Kits I 2,985,75 2,985.75 LSI1000SWAE Linear l year additional warranty Forensic Services Lab Kit 60D 1 975.00 975.00 LSIl000SWAE Linear 1 year additional warranty Forensic Services Lab Kit XLf2 1 215.00 215.00 LSI1000SWAE Linear l year on -site maintenance& support for Digital Output Devices 1 5,400.00 5,400.00 DISCOUNT Discount - 3,326.75 - 3,326.75 * "Warranty to Cover Period From; 7/1/2013 through 6/30/2014 ** 'B '-° �, �L48 ✓9 d e.7 �o \0 . Thank you for your business. ® /,0 � e Z —P Sales Tax (9.0 %) $0,001 %r YiFS.�*+vA°5� COYJ.O/� j�Ppr'aB'?✓�: Total $29,999.00' Balance Due $29,999.00' 20% restocking fee on tall returned merchandise. 50% restocking fee on special orders or on product returned without all original packing materials. No returns on software . All products will be considered shipped complete and undamaged miles %Linear is notified odrenvise within 48 hours, No returns without a RMA A issued by Linear. All products carry manufacturers warranty only unless specified in writing, All additional service contracts (Preferred Customer Program) must be listed on invoice, Signature on invoice or acceptance of shipment acknowledges receipt of order. Customers with past due invoices will not be shipped any new orders or RMAs. Past due invoices from the date of invoice will be charged .25% interest per day as per Department of General Services Prompt Payment Act. Linear Systems is a CERTIFIED SMALL BUSINESS with the Department of General Services, RET 90020657. This requires all customers and agencies to be in compliance with prompt payment terms. 25D-1 1 25D -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: AMENDMENT TO THE JOINT POWERS AUTHORITY AGREEMENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For,_,,, CONTINUED TO FILE NUMBER 1. Approve and direct the City Manager to execute the submitted Second Amendment to the Amended Orange County Fire Authority Joint Powers Authority Agreement (Attachment 1). 2. Authorize the City Attorney to join in supporting the OCFA's validation action, when filed, seeking to obtain a judicial declaration of the validity of the Second Amendment to the Amended JPA Agreement. DISCUSSION The Orange County Fire Authority (OCFA) was formed in 1995 to provide regional fire protection and related services to the County of Orange and 18 member cities. Subsequent to formation, 5 additional cities have become members of the OCFA. The original JPA agreement was amended on September 23, 1999, and renewed in 2010 by the First Amendment to the Amended JPA. The Authority currently operates under the Amended JPA Agreement, as modified by the First Amendment. The term of the JPA runs through 2030, though member cities currently have the option to withdraw in 2020. OCFA Member Pavment Structures OCFA's member agencies pay for fire services through two different pay structures. A general knowledge of the two different pay structures Is helpful in order to understand the changes that are being proposed by OCFA for addressing equity. Sixteen of OCFA's 24 member agencies pay for fire services through the Structural Fire Fund and 8 members pay through Cash Contracts, The City of Santa Ana is a Cash Contract member. The Structural Fire Fund is maintained by the County of Orange and was in place prior to Proposition 13. A fire tax (included in the 1 % basic levy) is collected by the County from property 25E -1 owners in these 16 jurisdictions, accumulated in the Structural Fire Fund, and then paid to the OCFA for fire services. Cash Contract cities were not originally part of the Structural Fire Fund prior to Proposition 13, and therefore these 8 jurisdictions do not have a fire tax as a portion of their 1 % property tax levy. Instead, these 8 cities pay for fire services by contract with the Authority through payments from their general funds. The cash contract charges are based on the Authority's annual budget, and include a cap provision which governs the maximum amount the contract charge can increase each year. Renewed Equlty Concerns — Structural Fire Fund For OCFA, equity refers to the extent to which the revenue received from a member agency bears a reasonable relationship to the cost of service that a member receives. The OCFA has a long history of studying equity concerns and has implemented prior actions to address equity through the JPA. In March 2012, the City of Irvine raised renewed concerns about equity to the OCFA Board of Directors. City representatives indicated that, lacking action to mitigate their concerns, they intended to exercise their option to withdraw from OCFA in 2020. Furthermore, the City of Irvine initiated a special study to assess the feasibility of forming an independent Fire Department. In response, the OCFA Board formed an Ad Hoc Equity Committee for the purposes of studying the equity issues. Ultimately a proposed equity model for consideration by the OCFA Board of Directors and individual member agencies was approved. Proposed Solution — Second Amendment to Amended JPA The proposed solution for addressing the equity concerns is referred to as the Enhanced Hybrid Model. This model would require equity payments to be issued by OCFA to those SFF members deemed eligible under the formula. A Second Amendment to the Amended JPA would be required in order to implement this proposed solution. Key terms included in the proposed Second Amendment include: • Structural Fire Fund agencies contributing more than the average share of the 1% property tax to OCFA will be eligible for equity payments • Eligibility for equity payments will be determined annually, based on a mathematical formula prescribed in the Second Amendment • The City of Irvine may receive additional equity payments if the amount of property tax revenue that OCFA receives from Irvine grows in excess of 3.5% annually • For all agencies except Irvine, a five -year phase -in period will apply for the value of equity payments, in order to ease the impact on OCFA's annual budget • Equity payments will be issued by OCFA using unrestricted sources of OCFA revenue • Structural Fire Fund members and Cash Contract members not eligible for equity payments shall not be required to pay additional contributions to OCFA as a result of the equity payments • Irvine must commit to remain with OCFA through 2030 25E -2 In addition to approving the above terms in the form of the Second Amendment, the OCFA Board of Directors approved two additional actions at its September 26, 2013 meeting: Direct staff to pursue the delivery of in -kind services for agencies impacted by the five- year phase -in. 2. Authorize staff and General Counsel to commence a validation in the Orange County Superior Court to obtain a judicial declaration of the validity of the Second Amendment. These actions will be pursued following approval of the Second Amendment by OCFA's individual member agencies, which is required by two- thirds of the members in order to become effective (16 of OCFA's 24 member agencies). Validation Action The concept to pursue a validation action resulted from a recommendation made by the OCFA's City Managers. The court validation process would determine the validity of using unrestricted revenue sources in the OCFA's budget for issuance of equity payments back to member agencies; and if the JPA amendment is determined to be valid, future challenges to the legality of the amendment would be precluded. OCFA's General Counsel has advised that the appropriate time for submittal of this request to the court is after the Second Amendment to the Amended JPA becomes an enforceable contract, which is upon approval by 2/3 of OCFA's individual member agencies. In addition, OCFA's General Counsel indicated that member agencies may authorize their City Attorney to join in supporting the OCFA's validation action, if desired. Summary There are numerous benefits to be achieved with this proposed equity solution: • Keeps all OCFA members together • Provides long -term organizational stability • Addresses the equity concerns presented by the City of Irvine • Achieves financial feasibility within OCFA's financial framework • Protects Structural Fire Fund and Cash Contract members not eligible under the formula from financial impacts FISCAL IMPACT There is no fiscal impact associated with this action. 25E -3 Scott Brown Division Chief Orange County Fire Authority Attachment: 1. Second Amendment to the Amended Orange County Fire Authority Joint Powers Authority Agreement 25E -4 SECOND AMENDMENT TO AMENDED ORANGE COUNTY FIRE AUTHORITY JOINT POWERS AGREEMENT This Second Amendment ( "Second Amendment') to the Amended Joint Powers Authority Agreement is made and entered into by and between the following public entities (collectively referred to as "members "): Aliso Viejo, Buena Park, Cypress, Dana Point, Irvine, La Palma, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (collectively referred to as "Cities" and individually as "City') and the County of Orange (referred to as the "County "), each of whom is a member of the Joint Powers Authority, Orange County Fire Authority ( "the Authority'). This Second Amendment requires the approval of two thirds of the members to go into effect, and it shall be effective when executed by a sixteenth member; provided that if a sixteenth member has not executed this Second Amendment by June 30, 2014, then it shall be void and shall not go into effect. RECITALS WHEREAS, the Authority presently provides fire protection, prevention and suppression services and related and incidental services (collectively, "Fire Services ") to Cities as well as to the unincorporated area of the County and State Responsibility Areas ( "SRA "); and WHEREAS, the County and several of the Cities entered into a Joint Powers Authority Agreement to form the Authority as of February 3, 1995 pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I (commencing with Section 6500) of the Government Code of the State of California ( "Joint Powers Statutes "); and 955601.1 25E-5 WHEREAS, pursuant to the Joint Powers Statutes the members are authorized to jointly provide for the methods of the provision of Fire Services, including the method of financing the provision of Fire Services; and WHEREAS, on September 23, 1999, the members entered into an amended Joint Powers Authority Agreement ( "1999 Amended Agreement ") which superseded all prior agreements between the members and is incorporated herein by reference; and WHEREAS, pursuant to the 1999 Amended Agreement the members provided for the provision of Fire Services and the joint financing of Fire Services; and WHEREAS, on July 1, 2010, the members entered into the First Amendment to the Amended Joint Powers Agreement ( "First Amendment ") which amended several provisions of the 1999 Amended Agreement; and WHEREAS, on April 20, 2012, the City of Santa Ana joined the Authority and became a party to the 1999 Amended Agreement and the First Amendment; and WHEREAS, the members wish to amend the 1999 Amended Agreement and the First Amendment as set forth below to modify their joint financing of the Fire Services to promote financing equity among the members, to preserve the existing membership, to better assure future revenues that will continue to support the provision of high quality of Fire Services throughout the Authority's service area, and retain all other unamended terms of the 1999 Amended Agreement and First Amendment. NOW THEREFORE, the members agree to amend the 1999 Amended Agreement and First Amendment as follows: 955601.1 25E-6 AGREEMENT 1. Article IV, Section 3, Subdivision A shall be amended to read as follows: A. Structural Fire Fund: Cash Contract Cities. County receives Structural Fire Fund property taxes ( "SFF ") from the unincorporated area and from properties located within the following member Cities: Irvine, Dana Point, Laguna Hills, Laguna Woods, Laguna Niguel, La Palma, Mission Viejo, San Juan Capistrano, Villa Park, Yorba Linda, Cypress, Los Alamitos, Lake Forest, Rancho Santa Margarita, and Aliso Viejo. These cities and the County together make up the "SFF Jurisdictions." On behalf of the cities from which the County receives SFF, and the unincorporated area, County shall pay all SFF it receives to the Authority to meet budget expenses and fund reserves in accordance with the County's normal tax apportionment procedures pursuant to the California Revenue and Taxation Code and the County's tax apportionment schedules. The member Cities which the County does not receive SFF are Santa Ana, Stanton, Tustin, Buena Park, Placentia, Westminster, Seal Beach, and San Clemente (collectively, "Cash Contract Cities "). 2. Article IV, Section 4 shall be deleted in its entirety and replaced with the following new Section 4: 4. Equity. The following calculations and actions shall be performed by the Authority each fiscal year: A. Over - Funded Structural Fire Fund (SFF) Jurisdictions. (1) The total estimated property tax revenue levied and allocated to the Authority, prior to accounting for delinquencies, and including secured, unsecured, nonoperating utility (SBE), and homeowner's exemptions shall be determined ( "Total SFF Revenue Figure "). For the FY 2012/13 this amount was stated as $179,768,901.52 in the Auditor - Controller Report titled 955601.1 25E-7 "AT68AD -73 Orange County Auditor Controller Accumulation of Combined Prior Year Levy and Current Year ATI" as the "Total SFF Revenue Figure. " (2) The total Assessed Value, net of successor agency former project area incremental value, for all SFF jurisdictions shall be determined (the "Total AV Figure "). For the FY 2012/13 this amount was stated as $155,506,390,761 in the Auditor - Controller report titled "AT04VC -74 Orange County Auditor Controller District Values Used to Set Tax Rates" and was identified as the "Total L &I (Land and Improvements), Total Secured and Unsecured Value for the Orange County Fire Authority Total Jurisdiction." (3) The Total AV Figure shall be multiplied by 1% (the basic levy flax rate) to determine the total value of the 1% basic levy for all SFF Jurisdictions for the fiscal year (the "SFF Basic Levy Figure "). For reference, in FY 2012/13, this calculated figure was $1,555,063,907.61. (4) The Total SFF Revenue Figure shall be divided by the SFF Basic Levy Figure for the same fiscal year and expressed as a percentage. The resulting percentage shall be referred to as the "Average SFF Rate" for the fiscal year. For reference, in FY 2012/13 the Average SFF Rate was 11.56 %. The 2012/13 calculation is as follows: $ 179 ,768,901.521$1,555,063,907.61 = 0.115602 (5) A "Jurisdictional SFF Rate" shall be determined for each SFF Jurisdiction as follows: a. The total property tax revenue allocated from all tax rate areas in the SFF Jurisdiction to the Authority, prior to accounting for delinquencies, and including secured, unsecured, utility (SBE), and homeowner's exemptions, but excluding revenue on successor 955601.1 2 5 FE -8 agency incremental value in tax rate areas assigned to former redevelopment agencies, shall be determined ( "Jurisdictional SFF Revenue Figure "). By way of example, for FY 2012/13 this determination would be made by (1) taking, for each tax rate area in the SFF Jurisdiction, the total assessed value of the tax rate area as reported in the Auditor Controller TRA Summary Detail Reports for the secured, unsecured, SBE, and homeowner's exemptions, (2) multiplying the total assessed value by 1%, and (3) multiplying the product by the Authority's share of the general levy tax rate in the tax rate area as stated in the "Auditor Controller Report AT68AH71 Section 99 Factor Report by TRA," which would yield property tax revenue allocated from that tax rate area to the Authority. This calculation would be made for all tax rate areas within the SFF Jurisdiction, and the results would be added together to yield the Jurisdictional SFF Revenue Figure. b. The total Assessed Value, net of successor agency former project area incremental value (AV), for the SFF Jurisdiction shall be determined (the "Jurisdictional AV Figure "). c. The Jurisdictional AV Figure shall be multiplied by 1% to determine the total value of the 1% basic levy of the SFF Jurisdiction for the fiscal year (the "Jurisdictional Basic Levy Figure "). d. The Jurisdictional SFF Revenue Figure shall be divided by the Jurisdictional Basic Levy Figure for the 955601.1 25E-9 same fiscal year and expressed as a percentage. The resulting percentage shall be referred to as the "Jurisdictional SFF Rate" for the fiscal year. (6) For those SFF Jurisdictions whose Jurisdictional SFF Rate is greater than the Average SFF Rate ( "the Over - Funded SFF Jurisdictions "), a Jurisdictional Equity Adjustment Payment ( "JEAP ") shall be calculated using the data sources cited above and the following formula: (Jurisdictional SFF Rate x Jurisdictional AV Figure x 0.01) — (Average SFF Rate x Jurisdictional AV Figure x 0.01) (7) The JEAPs calculated in subdivision (6) shall be paid by the Authority in two equal payments in December and April each fiscal year, provided that the Authority has received its distribution of property tax revenues in or before such months. (8) The JEAP payments in subdivision (6) shall be made according to the following phase -in schedule: Fiscal Year Irvine Other Jurisdictions FY 2013/14 100% 0% FY 2014/15 100% (a) 25% FY 2015/16 100% (b) 50% FY 2016/17 100% 75% FY 2017/18 and thereafter 100% 100% a. The timing of payment for FY 2014/15 will be dependent on the Authority's Adopted Budget. If the General Fund is balanced in the Adopted Budget (Operating Revenues are equal to, or greater than, operating expenses), then 100% of the calculated JEAP will be paid to the City of Irvine as identified by the above schedule. (For purposes of this Agreement "Operating Revenues" includes Unrestricted General Fund Revenues and SFF revenues. If the General Fund is not 955601.1 25&10 balanced, as defined above, then 25% of the calculated JEAP will be paid to the City of Irvine in FY 2014/15, and the remaining 75% will be paid to the City of Irvine no later than FY 2016/17. This delayed payment, if any, will be paid in addition to calculated JEAPs due and payable in the subsequent fiscal year(s) and shall not include interest. b. The timing of payment for FY 2015/16 will be dependent on the Authority's Adopted Budget. If the General Fund is balanced in the Adopted Budget (operating revenues are equal to, or greater than, operating expenses), then 100% of the calculated JEAP will be paid to the City of Irvine as identified by the above schedule. If the General Fund is not balanced, as defined above, then 50% of the calculated JEAP will be paid to the City of Irvine in FY 2015/16, and the remaining 50% will be paid to the City no later than FY 2017/18. This delayed payment, if any, will be paid in addition to calculated JEAPs due and payable in the subsequent fiscal year(s) and shall not include any interest. (9) Neither Cash Contract Cities nor SFF jurisdictions that are not determined to be Over - Funded SFF Jurisdictions by these calculations shall receive any JEAP, nor will they be required to make additional payments to the Authority due to these calculations. Annual service charges for Cash Contract Cities shall not be increased as a result of the JEAPs paid pursuant to this Section 4. B. Additional Equity Adjustment for SFF Revenue from the City of Irvine. The following calculations and actions shall be performed by the Authority each fiscal year: (1) Beginning with Fiscal Year 2013/14, the City of Irvine shall receive an additional JEAP equal to the amount, if any, that the 955601.1 25E7-11 Jurisdictional SFF Revenue Figure for the City of Irvine, net of the JEAP payment calculated in Section 4.A(6), exceeds that year's corresponding annual Not -To- Exceed amount ( "NTE ") as set forth in Section 4.B(2) below. (2) The NTE for Fiscal Year 2013/14 shall be the amount of base SFF revenue that the Authority received from properties located within the City of Irvine jurisdiction in the Fiscal Year 2012/13, which was $59,635,863, plus 3.5 %. The NTE shall increase each fiscal year by 3.5 %. The NTE for each fiscal year from 2013/14 to 2029/30 for the City of Irvine is therefore as follows: FY 2013/14 SFF Revenue NTE: FY 2014115 SFF Revenue NTE: FY 2015116 SFF Revenue NTE: FY 2016117 SFF Revenue NTE: FY 2017118 SFF Revenue NTE: FY 2018119 SFF Revenue NTE: FY 2019120 SFF Revenue NTE: FY 2020/21 SFF Revenue NTE: FY 2021122 SFF Revenue NTE: FY 2022/23 SFF Revenue NTE: FY 2023124 SFF Revenue NTE: FY 2024/25 SFF Revenue NTE: FY 2025/26 SFF Revenue NTE: FY 2026/27 SFF Revenue NTE: FY 2027/28 SFF Revenue NTE: FY 2028129 SFF Revenue NTE: FY 2029/30 SFF Revenue NTE: $59,635,863 X 1.035 = $61,723,118 $61,723,118 X 1.035 = $63,883,427 $63,883,427 X 1.035 = $66,119,347 $66,119,347 X 1.035 = $68,433,524 $68,433,524 X 1.035 = $70,828,697 $70,828,697 X 1.035 = $73,307,701 $73,307,701 X 1.035 = $75,873,471 $75,873,471 X 1.035 = $78,529,042 $78,529,042 X 1.035 = $81,277,558 $81,277,558 X 1.035 = $84,122,273 $84,122,273 X 1.035 = $87,066,553 $87,066,553 X 1.035 = $90,113,882 $90,113,882 X 1.035 = $93,267,868 $93,267,868 X 1.035 = $96,532,243 $96,532,243 X 1.035 = $99,910,872 $99,910,872 X 1.035 = $103,407,753 $103,407,753 X 1.035 = $107,027,024 (3) In any fiscal year in which the Jurisdictional SFF Revenue Figure for the City of Irvine, net of the JEAP calculated in Section 4.A(6), is greater than the NTE provided in Section 4.B.(2), the excess revenue shall be paid to the City of Irvine as an additional JEAP. 955601.1 25&12 (4) Payment of this additional JEAP shall be made by the Authority to the City of Irvine in two equal payments in December and April of each fiscal year, provided that the Authority has received its distribution of the SFF in such months. (5) Neither Cash Contract Cities nor SFF jurisdictions other than Irvine shall receive any additional JEAP as described in this Section 4.B., nor will they be required to make additional payments to the Authority due to these calculations or payments. Annual service charges for Cash Contract Cities shall not be increased as a result of the JEAPs or additional JEAPs paid pursuant to this Section 4. C. Sources of JEAP Funds; Remedies; Amendment. (1) Payments of JEAPs shall be made to the Over - Funded SFF jurisdictions from unrestricted revenues of the Authority (the "Unrestricted OCFA General Fund Revenues ") provided that the use of said Unrestricted OCFA General Fund Revenues is not prohibited by any Federal or State law or regulation nor would the use violate the terms or restrictions contained in any grant or other agreement restricting the use of the designated revenue sources. For purposes of clarity, JEAPs shall be paid from the annual service charges paid by the Cash Contract Cities as well as from other non- property tax sources of unrestricted funds. SFF are restricted funds and shall not be used to pay JEAPs. No Cash Contract City annual service charges shall be increased to pay JEAPs. (2) If a legal challenge is brought challenging this Second Amendment, the JEAPs shall continue to be calculated as provided in this Second Amendment. The Authority shall open a separate account into which the JEAPs shall be deposited, which shall bear interest at the same rate as the Authority's other authorized investments. The Authority shall provide an 955601.1 25&13 accounting to the Over - Funded SFF Jurisdictions upon each JEAP deposit. The JEAPs so deposited into this account shall remain there until the resolution of the legal challenge. If this Second Amendment remains valid after the resolution of such legal challenge, all of the funds accumulated in such account shall be paid, with accrued interest, to the Over - Funded SFF Jurisdiction(s) and the Authority shall provide an accounting therefore. (3) The City of Irvine may, notwithstanding Article VII, Section 1 of the 1999 Amended Agreement as amended by the First Amendment and this Second Amendment, withdraw from the Authority by transmitting written notice of its withdrawal to the Clerk of the Authority. Such notice shall provide at least two years' notice of the withdrawal, but the notice period may be more than two years, at the City of Irvine's discretion. The withdrawal shall be effective upon the expiration of the notice period in the notice of withdrawal, although in no case may the City of Irvine withdraw before June 30, 2020. This withdrawal provision applies to the following situations only: (1) a final judgment is entered declaring this Second Amendment to be void or otherwise affects a material term of this Second Amendment and the time in which to appeal such final judgment has passed; (2) the members approve any modification to this Second Amendment which the City of Irvine does not vote to approve; (3) there is a change in state legislation which prevents or reduces the payment of JEAPs to the City of Irvine as prescribed by this Second Amendment; or (4) the Authority materially breaches this Second Amendment. This provision shall not be interpreted to limit the remedies otherwise available to the City of Irvine if the Authority otherwise fails to make payment of the JEAPs when it is authorized to do so under this Second Amendment. (4) This Second Amendment can only be amended if approved by two- thirds of the members of the Authority. 955601.1 2 5 Ee 14 3. Article Vll, Sections I.A. and B. are deleted in their entirety and replaced with the following: A. Term. Cities shall be members of the Authority for a 20 -year term commencing July 1, 2010. For Structural Fire Fund cities, the initial 20 -year term shall begin on July 1, 2010 and end on June 30, 2030. For a Cash Contract City, the first 20- year term shall begin on July 1, 2010, only upon the consent of such City. Cash contract Cities that do not give such approval by June 30, 2010 shall give notice of withdrawal to the Clerk of the Authority by June 30, 2010, to be effective July 1, 2010. Failure to provide such notice shall be deemed that City's consent to a 20 -year term, beginning July 1, 2010 subject to the ability to withdraw after the first ten years as set forth in Section B. below. B. Subsequent Terms. Twenty -year membership terms shall automatically renew, on the same terms and conditions as the prior term, and with the same cap in effect in the last year of the prior term, except under the following circumstances: (1) Any City may give notice of withdrawal by transmitting written notice of such withdrawal to the Clerk of the Authority prior to July 1 of the second to last year of every ten -year interval of a twenty -year term (e.g., for the first ten -year interval, notice must be given by July 1, 2018 to withdraw by June 30, 2020). (2) Notwithstanding the preceding subsection (B)(1), in exchange for the JEAPs described in Article IV, Section 4, the City of Irvine shall not have the option to withdraw in 2020, except as provided in Article IV, Section 4(C)(3), or if the number of withdrawing Cash Contract Cities in 2020 reduces the unrestricted general fund revenues of the Authority to the point that the JEAPs can no longer be made. In the event that the number of withdrawing Cash Contract Cities in 2020 reduces the unrestricted general fund revenues of the Authority to the point that the JEAPs can no longer be made, the City of Irvine will be notified in writing by the Authority of this 955601.1 2 5 H * 15 condition as soon after July 1, 2018 as practicable, and in no event later than January 1, 2019. In that event, the City of Irvine will be able to withdraw in 2020 by providing written notice of such withdrawal no later than July 1, 2019. For purposes of clarity, the City of Irvine shall have the option to withdraw in 2030 and every ten years thereafter by complying with the notice provisions in subsection (B)(1) above. 4. This Second Amendment amends, as set forth herein, the 1999 Amended Agreement and the First Amendment and except as specifically amended herein, the 1999 Amended Agreement and the First Amendment shall remain in full force and effect. To the extent there is any conflict between this Second Amendment and the 1999 Amended Agreement and First Amendment, the terms and conditions contained in this Second Amendment shall control. 955601.1 2 5 HL1 16 Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Susan Novak Clerk of the Board of Supervisors County of Orange, California NOTICE TO COUNTY OF ORANGE TO BE GIVEN TO: Michael B. Giancola County Executive Officer 10 Civic Center Plaza Santa Ana, CA 92701 APPROVED AS TO FORM: Nicholas S. Chrisos County Counsel Dated: COUNTY OF ORANGE, a political subdivision of the State of California Shawn Nelson Chairman of its Board of Supervisors (Signatures Continued on Page 141 9556 01.1 25E3.1 7 ATTEST: Susan A. Ramos City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Aliso Viejo 12 Journey, Suite 100 Aliso Viejo, CA 92656 -5335 Phone: (949) 425 -2500 Fax: (949) 425 -3899 APPROVED AS TO FORM: Best Best & Krieger LLP M Scott C. Smith City Attorney CITY OF ALISO VIEJO By: John Whitman Interim City Manager [Signatures Continued on Page 15] 955601.1 2 5 E418 CITY OF BUENA PARK Dated: By: ATTEST: Shalice Reynoso City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Buena Park 6650 Beach Blvd. Buena Park, CA 90620 Phone: (714) 562 -3500 Fax: (714) 562 -3599 APPROVED AS TO FORM: Richards Watson & Gershon 0 Steve Dorsey City Attorney James B. Vanderpool City Manager [Signatures Continued on Page 16] 955601.1 256sl9 CITY OF CYPRESS Dated: By: ATTEST: Denise Basham City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Cypress 5275 Orange Avenue Cypress, CA 90630 Phone: (714) 229 -6688 Fax: (714) 229 -0154 APPROVED AS TO FORM: Aleshire & Wynder LLP M Bill Wynder City Attorney John Bahorski City Manager [Signatures Continued on Page 17] 955601.1 2 5 EQ 0 Dated: ATTEST: Kathy M. Ward City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Phone: (949) 248 -9890 Fax: (949) 248 -9920 APPROVED AS TO FORM: Rutan & Tucker By: Patrick Munoz City Attorney CITY OF DANA POINT By: Douglas C. Chotkevys City Manager (Signatures Continued on Page 181 955601.1 25&21 Dated: ATTEST: Sharie Apodaca City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Irvine One Civic Center Plaza Irvine, CA 92606 -5208 Phone: (949) 724 -6249 Fax: (949) 724 -6045 APPROVED AS TO FORM: Rutan & Tucker m Todd Litfin City Attorney CITY OF IRVINE Sean Joyce City Manager [Signatures Continued on Page 19] 955601.1 2 5 E g2 2 CITY OF LA PALMA Dated: By: ATTEST: Laurie Murray City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of La Palma 7822 Walker Street La Palma, CA 90623 Phone: (714) 690 -3333 Fax: (714) 523 -7351 APPROVED AS TO FORM: RUTAN & TUCKER 0 Joel Kuperberg City Attorney Ellen Volmert City Manager [Signatures Continued on Page 20] 955601.1 2 5 E92 3 CITY OF LAGUNA HILLS Dated: By: ATTEST: Peggy J. Johns City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Laguna Hills 25201 Paseo de Alicia #150 Laguna Hills, CA 92653 Phone: (949) 707 -2600 Fax: (949) 707 -2614 APPROVED AS TO FORM: Woodruff, Spradlin & Smart M Greg Simonian City Attorney Bruce E. Charming City Manager [Signatures Continued on Page 21] 955601.1 2 5 Ee24 CITY OF LAGUNA NIGUEL Dated: By: ATTEST: Pamela Lawrence Acting City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Laguna Niguel 30111 Crown Valley Parkway Laguna Niguel, CA 92677 Phone: (949) 362 -4380 Fax: (949) 362 -4340 APPROVED AS TO FORM: 0 Terry Dixon City Attorney Rod Foster City Manager `Signatures Continued on Page 24 955601.1 25E4.25 CITY OF LAGUNA WOODS Dated: By: ATTEST: Yolie Trippy City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Laguna Woods 24264 El Toro Road Laguna Woods, CA 92637 Phone: (949) 639 -0500 Fax: (949) 639 -0591 APPROVED AS TO FORM: Rutan & Tucker 0 David Cosgrove City Attorney Chris Macon City Manager [Signatures Continued on Page 23] 955601.1 25&26 CITY OF LAKE FOREST Dated: By: ATTEST: Stephanie Smith City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Lake Forest 23161 Lake Center Drive, Suite 100 Lake Forest, CA 92630 Phone: (949) 461 -3400 Fax: (949) 461 -3511 APPROVED AS TO FORM: Best Best & Krieger LLP IS Scott C. Smith City Attorney Robert C. Dunek City Manager [Signatures Continued on Page 24] 955601.1 25E5.27 Dated: ATTEST: Windmera Quintanar City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Los Alamitos 3191 Katella Avenue Los Alamitos, CA 90720 Phone: (562) 431 -3538 Fax: (562) 493 -1255 APPROVED AS TO FORM: Wallin, Dress, Reisman & Kranitz an Cary Reisman City Attorney CITY OF LOS ALAMITOS 0 Gregory Korduner Interim City Manager [Signatures Continued on Page 25] 955601.1 25E,+28 CITY OF MISSION VIEJO Dated: By: ATTEST: Karen Harriman City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Mission Viejo 25909 Pala, Suite 150 Mission Viejo, CA 92691 Phone: (949) 470 -3000 Fax: (949) 859 -1386 APPROVED AS TO FORM: Richards Watson & Gershon m Bill Curley City Attorney 955601.1 Dennis Wilberg City Manager [Signatures Continued on Page 26] 25 &29 CITY OF PLACENTIA Dated: By: ATTEST: Patrick J. Melia City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Placentia 401 E. Chapman Placentia, CA 92870 Phone: (714) 993 -8117 Fax: (714) 961 -0283 APPROVED AS TO FORM: Andrew Arczynski Law Offices IIn Andrew Arczynski City Attorney 955601.1 Troy L. Butzlaff City Administrator [Signatures Continued on Page 27] 25E630 Dated: ATTEST: Molly McLaughlin City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Rancho Santa Margarita 22112 El Paseo Rancho Santa Margarita, CA 92688 Phone: (949) 635 -1800 Fax: (949) 635 -1840 APPROVED AS TO FORM: Woodruff, Spradlin & Smart Greg Simonian City Attorney CITY OF RANCHO SANTA MARGARITA In Jennifer M. Cervantez City Manager [Signatures Continued on Page 28] 955601.1 2 5 &�31 CITY OF SAN CLEMENTE Dated: By: ATTEST: Joanne Baade Deputy City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 Phone: (949) 361 -8322 Fax: (949) 361 -8283 APPROVED AS TO FORM: Rutan & Tucker Jeffrey Goldfarb City Attorney Pall Gudgeirsson City Manager [Signatures Continued on Page 29] 955601.1 25E8.32 CITY OF SAN JUAN CAPISTRANO Dated: By: ATTEST: Maria Morris City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Phone: (949) 443 -6315 Fax: (949) 493 -1053 APPROVED AS TO FORM: Rutan & Tucker m Hans Van Ligten City Attorney Karen P. Brust City Manager `Signatures Continued on Page 30] 955601.1 25E933 ATTEST: Maria Huizar City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana. CA 92701 Phone: (714) 647 -5200 Fax: (714) 647 -6956 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney CITY OF SANTA ANA 0 David Cavazos City Manager [Signatures Continued on Page 31] 955601.1 2 5 EG34 ATTEST: Linda Devine City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Seal Beach 211 81h Street Seal Beach, CA 90740 Phone: (562) 431 -2527 Fax: (562) 431 -4067 APPROVED AS TO FORM: Richards Watson & Gershon Quinn Barrow City Attorney CITY OF SEAL BEACH Jill Ingram City Manager (Signatures Continued on Page 34 955601.1 25E4.35 CITY OF STANTON M ATTEST: Patricia Vazquez Deputy City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Stanton 7800 Katella Avenue Stanton. CA 90680 Phone: (714) 379 -9222 Fax: (714) 890 -1443 APPROVED AS TO FORM: Best, Best & Krieger M 955601.1 Matthew Richardsen City Attorney Jim Box City Manager [Signatures Continued on Page 33] 25E236 CITY OF TUSTIN Dated: By: ATTEST: Jeff Parker City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 Phone: (714) 544 -8890 Fax: (714) 832 -0825 APPROVED AS TO FORM: Woodruff, Spradlin & Smart in David E. Kendig City Attorney Jeff Parker City Manager [Signatures Continued on Page 34] 955601.1 25&37 ATTEST: Jarad Hildenbrand City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Villa Park 17855 Santiago Blvd. Villa Park, CA 92861 Phone: (714) 998 -1500 Fax: (714) 998 -1508 APPROVED AS TO FORM: Rutan & Tucker Todd Litfin City Attorney CITY OF VILLA PARK m Jarad Hildenbrand City Manager [Signatures Continued on Page 35] 955601.1 25&38 CITY OF WESTMINSTER Dated: By: ATTEST: Robin Roberts City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 Phone: (714) 898 -3311 Fax: (714) 373 -4684 APPROVED AS TO FORM: Jones & Mayer M Richard Jones City Attorney Eddie Manfro City Manager [Signatures Continued on Page 36] 955601.1 2 5 Es39 ATTEST: Marcia Brown City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Yorba Linda 4845 Casa Loma Avenue Yorba Linda, CA 92885 -8714 Phone: (714) 961 -7100 Fax: (714) 993 -7530 APPROVED AS TO FORM: Rutan & Tucker m Todd Litfin City Attorney CITY OF YORBA LINDA By: Mark A. Pulone City Manager 955601.1 2 5 Er&40 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: APPROVE AGREEMENT FOR RECEIVERSHIP LITIGATION SUPPORT SERVICES WITH SILVER & WRIGHT, LLP z CITY MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to approve an agreement with Silver & Wright, LLP for litigation related attorney services in an amount not to exceed $40,000, subject to non - substantive changes approved by the City Manager and City Attorney, DISCUSSION On March 21, 2013, the City entered into a Legal Services Agreement with Silver & Wright, LLP in the amount of $25,000 for assistance with code enforcement, receivership, and police legal support services. Pursuant to the terms of the initial agreement, Silver & Wright, LLP successfully completed the abatement of a public nuisance through a receivership action on behalf of the City that resulted in the demolition and removal of the Saddleback Inn. Silver & Wright, LLP also recovered over $65,000 in both legal and staff costs involved in that action. As a result of this achievement, the City would like to utilize Silver & Wright, LLP for additional receivership actions. Accordingly, staff is requesting that the Council approve a new agreement with Silver & Wright, LLP in an amount not to exceed $40,000. This agreement will remain in effect until expenditure of these funds. FISCAL IMPACT As a result of the success of the initial receivership, the City created a Receivership Fund Account (account no. 09801001 24042). The idea is to use the funds in this account to fund additional actions and to replenish that account through the recovery of legal and staff expenses in each action. 25F -1 APPROVED AS TO FUNDS AND ACCOUNTS: Aftt6� � ,�- Nt-,N� �� C , �) )��L — Sonia R. Carvalho Francisco Gutierrez City Attorney Executive Director Finance & Management Services Agency ROH 25F -2 LEGAL SERVICES AGREEMENT This AGREEMENT, made and entered into this day of November, 2013, by and between Silver & Wright LLP, a California limited liability partnership ( "Attorneys "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ( "City "). RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of Code Enforcement, Receiverships and Police Services, and desire to undertake said services. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney in transactional and litigation services related to City matters and other legal issues when and as requested by the City Attorney to do so. Attorneys accept said retention and agree to perform, in timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e -mail or letter. 2. PAYMENT FOR SERVICES RENDERED A. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all of said services in regard to each such action, compensation at the rates set forth in Exhibit A, attached hereto and made a part hereof by this reference. The total sum to be expended pursuant to this Agreement shall not exceed $40,000 during the term of this Agreement. B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out -of- pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto. 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation 25R -3 undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. TERM The term of this Agreement shall commence on the date first written above and terminate upon the depletion of the maximum contract amount, unless terminated earlier pursuant to Section 13 below. 6. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 7. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Attorneys' right to be paid for its time and materials expended prior to notification of termination. 7. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct of this Agreement. 8. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 25R -4 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Telefacsimile (714) 647 -6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Attorneys: Silver & Wright, LLP 4000 Barranea Parkway, Suite 250 Irvine, CA 92604 Telefacsimile: (949) 385 -6428 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Attorneys or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 25F -5 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 13. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide reasonable notice to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which Attorneys may be involved. 14. DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. /% 251 -6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. frW_IIM6116 Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager SILVER & WRIGHT, LLP By: _ Name: Title: Tax ID No. 25F-7 SILVER & WRIGHT LLP Matthew R. Silver msilver @silverwrightlaw.com 4000 Barranca Parkway, Suite 250 Irvine, CA 92604 Phone: (949) 385-6431 Fax: (949) 385-6428 November 12, 2013 DELIVERED VIA EMAIL Ryan Hodge, Esq. Assistant City Attorney City of Santa Ana RHodge @santawla.org Re: Proposed Litigation Budget City of Santa Ana v US Bank 805 E. Chestnut Ave., Santa Ana Dear Mr. Hodge, Curtis R. Wright cwright @silverwrightlaw.com 3281 East Guasti Road, Suite 700 Ontario, CA 91761 Phone: (909) 833-5420 Fax: (949) 385-6428 The purpose of this letter is to provide the City with a proposed litigation budget to represent the City of Santa Ana ( "City ") from initiation through the ultimate resolution of the above- referenced case. The budget is based on the blended hourly rate of $189 per hour for attorneys and $11.0 per hour for paralegals and clerks. The budget assumes the matter will resolve at the receiver's final accounting, and without trial or dispositive motion. Pursuam to State law, the Court should resolve this matter at the final accounting. In addition, any appeals are not included in the budget, as they are difficult to predict. Discovery is also not included, as it is normally nominal, if existent at all, in receivership actions. Litigation Budget 1. Draft Notice & Order and research for same, plus service of same — 5 hours - $945 2. Draft, record and serve lis pendens — 3 hours - $567 3. Draft and serve 3 day notice —1.5 hours - $283.50 4. Draft and file complaint, civil case cover sheet, summons, etc. — 20 hours - $3780 5. Service of process work (3 day notice and complaint packet — assumes quick service) — 2 hours - $378 25F -8 6. Draft, file and serve motion to appoint receiver, declarations, notice, order, etc. — 40 hours - $7560 7. Review opposition, draft, file and serve reply —15 hours - $2835 8. Inspections of subject property with receiver, staff and opposing counsel — 4 hours - $756 9. Meetings with receiver and city staff — 5 hours - $945 10. Communications with receiver, opposing counsel and staff, including updates, and direction from staff and to receiver —10 hours - $1890 11. Review and respond to receiver's court filings and oppositions from opposing parties — 25 hours - $4725 12. Court appearances (initial hearing, case management conferences, accounting and motion hearings, etc.) — 30 hours - $5670 13. Demands on receiver for City's costs and attorneys' fees (mid -case and at final accounting), review and respond to oppositions -- 20 hours - $3780 14. Case disposition, final ,judgment, notices and case wrap up —12 hours - $2268 Total hours: 192.5 Total attorneys' fees through case disposition: $36.382.50 Estimated costs (preliminary title report service of process mailin�sl• $1_ 500 Grand total: $37,882.50 These attorneys' fees are recoverable fi•om the subject property by law, and we have already determined that the subject property contains enough value to fulfill the City's recovery. We will ask the Court to sign an order allowing the City to recover the fees and costs it incurs out of the receivership estate, as we did in the Saddleback Inn case. Our usual strategy is to make two demands on the estate for repayment: one after the Court approves the receiver's action plan (very soon), and another at the final accou citing. This will help ensure the City is made whole, and perhaps allow the City to use the intermediate funds for other projects. Please feel free to contact me if you wish to discuss further. r Very Truly Yours, Matthew R. Silver, Esq. SILVER & WRIGHT, LLP Attorneys at Law N 25F -9 25F -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: 2013 -2014 ANNUAL ACTION PLAN SECOND SUBSTANTIAL AMENDMENT FOR HOMEBUYER DOWN PAYMENT ASSISTANCE LOAN PROGRAM �f Cl MANAGEg RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve a second substantial amendment to the 2013 -14 Annual Action Plan approving a new program activity using Community Development Block Grant funds and HOME Investment Partnerships Program funds, and authorizing its submittal to the U.S. Department of Housing and Urban Development. 2. Adopt the Homebuyer Down Payment Assistance Loan Program and allocate $280,000 of HOME Investment Partnerships Program funds and $120,000 of Community Development Block Grant (CDBG) funds for program funding. FINANCE, ECONOMIC DEVELOPMENT AND TECHNOLOGY COMMITTEE REVIEW The Finance, Economic Development and Technology Committee reviewed this matter at its meeting on October 14, 2013 and recommended that City Council proceed with said actions by a vote of 3:0. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on November 5, 2013, by a vote of 6:0 (Sandoval absent) the Community Redevelopment and Housing Commission approved the recommended actions. DISCUSSION In May 2013, the City submitted to the U.S. Department of Housing and Urban Development (HUD) an Annual Action Plan. The Annual Action Plan is the document whereby the City formally applies to HUD for the annual federal grant allocations for CDBG, Home Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA), and describes how those grant funds will be utilized. 29A -1 Substantial Amendment — Homebuyer Down Payment Assistance Loan Program November 18, 2013 Page 2 The proposed Substantial Amendment (Exhibit 1) amends the Plan to include a new activity, Homebuyer Down Payment Assistance Loan Program and allocates $280,000 of HOME funds and $120,000 of CDBG funds. Public notice for this substantial amendment was published in the Orange County Register, La Opinion and Nguoi Viet News on October 18, 2013. Consistent with the City's goal of promoting neighborhood stability and homeownership for low - income households, the Homebuyer Down Payment Assistance Loan Program (Exhibit 2) encourages long -term homeownership within the city. This program will allow households with incomes up to 80 percent of the area median to participate. Maximum loan amounts will be $40,000. Loan amounts will be based on underwriting front -end ratios of not less than 28 percent. The loans will have a zero percent interest rate and payment will be deferred for 45 years or until property is sold. Participants must be first time homebuyers in that they have not had ownership interest in, or have not held title to a principal residence during the three years preceding the purchase of the property. The homebuyer must attend a home - ownership training from a HUD - approved counseling agency. FISCAL IMPACT Upon approval of the amendment and adoption of the new program activity, funds will be reallocated from the Single Family Rehab activities ($280,000 from HOME and $120,000 from CDBG) to the HOME and CDBG Housing Loans and Grants accounts (nos. 13018780 -69152 and 13518782 - 69152). Interim Exe Community NF /SLB /kg Exhibit: Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 1. 2013 -2014 Annual Action Plan Substantial Amendment 2. Homebuyer Down Payment Assistance Loan Program Description 29A -2 2010 /11- 2014 /15 CITY OF SANTA ANA CONSOLIDATEDPLAN I SUBSTANTIAL AMENDMENT TO THE 2013/14 ACTION PLAN EXHIBIT 1 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2013 -2014 ACTION PLAN INTRODUCTION This document is a Substantial Amendment to the City of Santa Ana's Fiscal Year 2013 -14 Annual Action Plan, which was submitted to the U.S. Department of Housing and Urban Development (HUD) on May 15, 2013. Title 24 Section 91.505 of the Code of Federal Regulations stipulates that participating jurisdictions shall amend their approved plans whenever they make one of the following decisions: 1. To make a change in its allocation priorities or a change in the method of distribution of funds; 2. To carry out an activity, using funds from any program covered by the consolidated plan (including program income) not previously described in the action plan; or 3. To change the purpose, scope, location, or beneficiaries of an activity. The Regulation further requires that jurisdictions identify in their citizen participation plans the criteria they will use for determining' what constitutes a substantial amendment. Consistent with these requirements, the Citizen Participation Plan adopted by the City of Santa Ana as a component of its 2010/11- 2014/15 Consolidated Five Year Plan identifies three criteria that will require a substantial amendment: 1. Changes in the use of CDBG funds from one eligible activity to another; 2. An activity is undertaken that was not previously included in the Consolidated Plan or subsequent action plans; 3. More than 30 percent of the most recent annual federal grant allocation is reallocated to other eligible program activities within the fiscal year. The proposed amendment meets one of these three criteria, and therefore requires a substantial amendment. 10/18/2013 29A -3 SUBSTANTIAL AMENDMENT TO THE 2013 -2014 ANNUAL ACTION PLAN Substantial Amendment to the 1 2010/11. 2014/15 CITY OF SANTA ANA CONSOLIDATED PLAN 2013/14 ACTION PLAN INTRODUCTION The City is amending the 2013 -14 Action Plan to include the following activity: Activity Name: Homebuyer Down Payment Assistance Loan Program Activity Description: Consistent with the City's goal to promote neighborhood stability and homeowner for low- income households, the City proposes to use HOME and CDBG funds for down payment assistance. Approximately $280,000 of HOME funds and $120,000 of CDBG funds will be used be used to provide deferred down payment assistance loans to qualified lower income households, up to 80% of the area median income. Estimated Cost: $400,000 CITIZEN PARTICIPATION In accordance with 24 CFR 91.105(c)(3) for local governments, the substantial amendment Public Notice for the use of CDBG and HOME funds was released for citizen review and comments on October 18, 2013. During the 30 -day public comment period from October 18,2013 through November 16, 2013 the Public Notice for the Draft Substantial Amendment was made available during regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Thursday in the offices of the Housing Department, 20 Civic Center Plaza, 3rd Floor, Community Development Agency, 20 Civic Center Plaza, 6th Floor, Office of the Clerk of the Council, 20 Civic Center Plaza, Room 809, the Main Public Library, 26 Civic Center Plaza, Santa Ana, California and on the city's website. The Community Redevelopment and Housing Commission of the City of Santa Ana held a public hearing on November 5, 2013, at 6:00 p.m., at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California 92701. The City Council of Santa Ana will hear and vote on this Substantial Amendment to the 2013 -14 Action Plan on November 18, 2013. A copy of the public hearing notice is presented in Exhibit 2. A summary of citizen comments received during the public comment period and responses to these citizen comments are presented in Exhibit 2. SUMMARY OF CITIZEN PARTICIPATION PROCESS A copy of the public hearing notice is presented in Attachment 2. A summary of citizen comments received at the public hearing and the remainder of the public comment period, and responses to these citizen comments are also included in Attachment 2. SUBSTANTIAL AMENDMENT TO THE 2013 -2014 ANNUAL ACTION PLAN 29A -4 10/18/2014 10/18/2013 2010 /11- 2014 /15 CITY OF SANTA ANA CONSOLIDATEDPLAN I SUBSTANTIAL AMENDMENT TO THE 2013/14 ACTION PLAN EXHIBIT 2 PROOF OF PUBLICATION 30 -DAY COMMENT PERIOD & PUBLIC HEARING & SUMMARY OF PUBLIC COMMENTS 3 29A -5 SUBSTANTIAL AMENDMENT TO THE 2013 -2014 ANNUAL ACTION PLAN Substantial Amendment to the 1 2010/11- 2014/15 CITY OF SANTA ANA CONSOLIDATED PLAN 2013/14 ACTION PLAN SUMMARY OF PUBLIC COMMENTS SUMMARY OF PUBLIC COMMENTS RECEIVED DURING 30 -DAY COMMENT PERIOD AND STAFF RESPONSE Pending 11/05/2013 REDEVELOPMENT & HOUSING COMMISSION PUBLIC HEARING: Pending SUBSTANTIAL AMENDMENT TO THE 2013 -2014 ANNUAL ACTION PLAN 29A -6 10/18/2014 2010 /11- 2014 /15 CITY OF SANTA ANA CONSOLIDATEDPLAN I SUBSTANTIAL AMENDMENT TO THE 2013/14 ACTION PLAN EXHIBIT 3 PROPOSED ACTIVITIES 10/18/2013 5 SUBSTANTIAL AMENDMENT TO THE 2013-2014 ANNUAL ACTION PLAN 29A -7 Substantial Amendment to the 1 2010/11- 2014/15 CITY OF SANTA ANA CONSOLIDATED PLAN 2013/14 ACTION PLAN CPVP Version 2.0 Grantee Name: Santa Ana, CA Project Name: Homebu er Down Payment Assistance Loan Pro ram Description: IDIS Project #: UOG Code: CA63342 SANTA ANA HOME and CDBG funds for down payment assistance loans to qualified home buyers. Home buyers loans will be deferred and for qualified lower income households. Location: ° >•;° a Priority�Naed'Catego' Citywide Owner Occupied Housing -. Select one: Explanation: Expected Completion Date: Activity will help the City improve access to owner- occupied housing that Is affordable to lower income households. 6/30/2012 Objective Category * Decent Housing O Suitable Living Environment O Economic Opportunity 77 Specific047ectives , Outcome Categories 1 Improve access to affordable owner housing W ❑ Availability/Accessibility ❑O Affordability 2 _ ❑ Sustainability 3. 7 SO Housing Units Proposed 10 Accompl. Type: m +• — e Underway Complete W m Accompl. Type: W Accompl. Type: 0) a a .3 E CL u Accompl. Type: V Accompl. Type: u a Proposed Outcome Performance Measure Actual Outcome First -time homebuyers receiving 10 eligible homebuyers received down - down- payment assistance payment assistance 13 Direct Homeownership Assistance 570.201(n) - Matrix Codes -. o Matrix Codes I w Matrix Codes Matrix Codes I � Matrix Codes '. � I i i A d Y E m m 0 a SUBSTANTIAL AMENDMENT TO THE 2013 -2014 ANNUAL ACTION PLAN 29A -8 10/18/2014 Exhibit 2 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY HOUSING AND NEIGHBORHOOD DEVELOPMENT DEVISION HOMEBUYER DOWN PAYMENT ASSISTANCE LOAN PROGRAM The Community Development Agency of the City of Santa Ana seeks to promote neighborhood stability and home ownership of low - income people. To achieve this goal, the Agency has designed the Downpayment Assistance Loan Program (Program) to encourage long -term homeownership. The Program will be funded by HOME Investment Partnerships Program (HOME) and Community Development Block Grant Program (CDBG). Elieibility Requirements The borrowers must be a first time homebuyer (a person with no ownership interest in, or who has not held `title' to a principal residence during the three -year period preceding the purchase of the property). Total annual income of the household, meaning all persons residing in the home as their principal place of residence, cannot exceed 80 percent of the Orange County area median income as determined by HUD, adjusted annually. The following table identifies the Orange County limits effective ,December 11, 2012. Household Size Maximum Income Household Size Maximum Income 1 person $ 51,250 5 persons $ 79,100 2 persons $ 58,600 6 persons $ 84,950 3 persons $ 65,900 7 persons $ 90,800 4 persons $ 73,200 S persons $ 96,650 To ensure successful homeownership, borrowers will be required to complete a minimum of eight (8) hours of homeownership training offered by a counseling center approved by the U.S. Department of Housing and Urban ,Development (HUD). A list of HUD - approved counseling centers in Orange County is included below as Attachment A. Borrowers will also be required to contribute a minimum of three percent (3 %) of the purchase price towards down payment. The minimum contribution cannot be from gift funds. The maximum purchase price must not exceed 95% of the area median purchase price, as determined by the HUD on an annual basis. As of August 23, 2013, the maximum purchase prices are as follows: Existing Home and/or Condominium $ 394,000 New Home and /or Condo $ 443,000 The maximum loan will be based on underwriting front -end ratios of not less than 28 %. The allowable ratios will be 28% / 40 %. 29A -9 Borrowers must not be a current homeowner, have a positive credit history, and must obtain a fixed - interest rate loan. Cosigners and variable rate loans are not allowed. Gross household income of all adults who will make the home their principal residence will be used for underwriting purposes. Borrowers must agree to maintain the home as their principal residence for the term of affordability, which is 45 years. Purchase of the property must result in fee simple title of the property, a 99 -year leasehold interest in the property, or ownership of a condominium. Condominium complexes must be FHA approved. Purchase of manufactured homes will not be allowed under this program unless the lot where the home is to be permanently fixed will be owned by the borrower. All properties built before 1978 are required to have a Visual Lead Based Paint Inspection and must pass the inspection before loan approval. Inspections will be made to ensure that there are no code related issues, including the common areas in condominium complexes. Eligible applicants will be accepted on a first come first serve basis as funds are available. Applications packages will be available on the City of Santa Ana's website and at the Housing Division (3`d Floor), Santa Ana City Hall. Use of Loan Proceeds Downpayment Assistance loan proceeds may only be used to help meet downpayment requirements associated with the purchase of an eligible home by an eligible buyer. Maximum loan amounts will be $40,000. Interest Rates and Repayment Loan proceeds are not subject to forgiveness, but are offered as a deferred loan with a zero percent (0 %) rate. Repayment of the City loan will be required when any of the following events take place: At the end of the term of affordability, when the property is sold, or when the property is no longer the borrower's principal residence. 29A -10 Attachment A HOUSING COUNSELING AGENCIES The following organizations have been approved by the U.S. Department of Housing and Urban Development (HUD) as providers of homebuyer education in Orange County. The City of Santa Ana First Time Homebuyer Loan Program requires that prospective homebuyers complete a pre - purchase counseling program from one of these agencies prior to applying for a loan to purchase a home. Completion of a post - purchase counseling program after purchase of the home is also required. Working with these agencies is important because they are knowledgeable about a variety of programs to assist first time homebuyers. The information contained in this list is based on HUD's website (www.hud.gov /) effective September 19, 2013. Please contact the providers for current information or updates. Agency Address Contact Information Languages Provided Consumer Credit 2450 E. Lincoln Phone: (714) 547 -2227 ASL Counseling Service of (Inside EDD Email: cccsockccsoc.org English Orange County Building), Anaheim Spanish Vietnamese Consumer Credit 695 Madison Way Phone: (714) 547 -2227 ASL Counseling Service of (Inside Brea Email: ecesoc@ccesoe.org English Orange County Community Center), Spanish Brea Vietnamese Consumer Credit 18430 Brookhurst St., Phone: (714) 547 -2227 ASL Counseling Service of Suite 202C, Fountain Email: cccsoc(n cecsoc.org English Orange County Valley Spanish Vietnamese Consumer Credit 23046 Avenida de In Phone: (714) 547 -2227 ASL Counseling Service of Carlota, Suite 600, Email: eccsoc&cccsoc.org English Orange County Laguna Hills Spanish Vietnamese Neighborhood Housing 128 E. Karelia Ave, Phone: (714) 408 -9321 English Services of Orange Suite 200, Orange Email: heleno&nwoc.org Spanish County Vietnamese Consumer Credit 1920 Old Tustin Ave, Phone: (714) 547 -2227 ASL Counseling Service of Santa Ana Email: cccsoc@cccsoc.org English Orange County Spanish Vietnamese Legal Aid Society of 2101 North Tustin Phone: (714) 571 -5200 English Orange County Ave, Santa Ana Email: ppinto@legal- aid.com Korean Spanish Vietnamese Orange County Fair 201 South Broadway, Phone: (714) 569 -0823 English Housing Council, Inc Santa Ana Email: bmagana@fairhousin og e org Vietnamese Spanish 29A -11 29A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013 -12 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013 -13 TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013 -14 TO ALLOW A BANQUET USE FOR THE VOLSTEAD AT 207 WEST SECOND, UNIT A — TIM�MORLEY, APPLICANT CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: /_1a7:TOVIAW ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013 -12 as conditioned, Conditional Use Permit No. 2013 -13 as conditioned, and Conditional Use Permit No. 2013 -14 as conditioned. PLANNING COMMISSION ACTION On October 28, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -12 as conditioned for a Type 47 ABC license for the on- premise sale and consumption of beer, wine and distilled spirits, Conditional Use Permit No. 2013 -13 as conditioned to allow after -hour operations, and Conditional Use Permit No. 2013 -14 as conditioned to allow a banquet facility by a vote of 6:0 (Alderete abstained) at The Volstead Restaurant located at 207 West Second Street, Unit A in the Transit Zoning- Downtown (SD84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). This action will allow for a new restaurant to provide the sale and service of beer, wine and distilled spirits as an ancillary service to their operation, to allow the restaurant to be open past midnight and to allow for private banquets. 31A-1 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 November 18, 2013 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. 9A2 Jay M. Trevino Executive Director Planning & Building Agency HS:rb hs: \Volstead \cup13- 13thru13 -14 Volstead.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 28, 2013 TITLE: PUBLIC HEARING — FILED BY TIM MORELY FOR CONDITIONAL USE PERMIT NO. 2013 -12 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013 -13 TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013.14 TO ALLOW A BANQUET USE FOR THE VOLSTEAD AT 207 WEST SECOND, UNIT A Prepared by Holly Soboleske Executive Director PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation �olillwitikq r • Planning Manager( Adopt a resolution approving Conditional Use Permit No. 2013 -12 as conditioned for a Type 47 ABC license for the on- premise sale and consumption of beer, wine and distilled spirits. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -13 as conditioned to allow after -hour operations. 3. Adopt a resolution approving Conditional Use Permit No. 2013 -14 as conditioned to allow a banquet facility. Request of Applicant Tim Morely is requesting approval of three conditional use permits for the proposed Volstead Restaurant at 207 West Second Street, Unit A. Specifically, the applicant is requesting approval to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine, and distilled spirits pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), to allow the restaurant to remain open until 2:00 a.m. per Section 41 -2007 of the SAMC and to allow a banquet use pursuant to Section 41 -2008 of the SAMC. EXHIBIT A 31A-3 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 2 Proiect Location and Site Description The applicant proposes to operate The Volstead restaurant within an existing two -story 8,384 square foot tenant space that is located on the Second Street Promenade in the Artists Village. The business will occupy both floors, as well as an outdoor patio area, The rear portion of the building will be used by another tenant. The historic building at 207 East Second Street was constructed in 1923 and is known as the South Counties Gas Building. It is currently listed on the Santa Ana Register of Historical Properties, and has been vacant for several years. The site is surrounded by a parking lot to the north, a vacant lot owned by Southern California Edison to the east, the Second Street promenade and historic Grand Central Art Building studios to the south, and various commercial and residential land uses in the historic Santora Building to the west (Exhibits 1, 2 and 3). Proiect Description The Volstead is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine, and distilled spirits, to allow the restaurant to remain open past midnight, and to hold banquet events. The restaurant will be a full- service, sit -down eating establishment that consists of 8,384 square feet of interior floor space with seating for approximately 233 patrons within its dining room and lounge, and an 808 square foot outdoor patio with seating for forty -one, as well as a 1,089 square foot roof deck with seating for forty -six. The on- premise sale of alcoholic beverages and banquet operation are intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are from 10:00 a.m. to 2:00 a.m. seven days a week. The storage area for alcoholic beverages will be located within a cooler near the rear of the restaurant. The overall storage area for alcoholic beverages is approximately 300 square feet in size, which is less than five percent of the interior gross floor area of the restaurant and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). Proiect Background The Volstead restaurant is named for the National Prohibition Act which was informally known as the Volstead Act named for Andrew Volstead, chairman of the House judiciary committee who managed this legislation. The choice of this name supports the applicant's intent to create an environment reminiscent of a 1920s -era supper club. The Volstead proprietors propose to provide an upscale dining establishment serving steaks, seafood, and gourmet burgers, among other things. 31A-4 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 3 The building at 207 West Second Street has been vacant many years and was in an advanced state of disrepair, Its previous tenant was the Handlebar Saloon. The building was originally acquired by the City's Redevelopment Agency in about 1994 as part of the Artists Village project. Upon its purchase by Corbiz, LLC, the building was completely rehabilitated including repair and upgrade of structural members, window and door repair and replacement, repointing the exterior bricks, the installation of an elevator, and upgrading bathroom facilities. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services. The project site is consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub -zone. The SD -84 zoning district allows for service and retail uses such as a restaurant. Further, the zoning allows for the sale of alcoholic beverages, after -hours operations and banquet facilities subject to issuance of a conditional use permit, This project is consistent with the SD -84 zoning designation. Proiec# Analysis Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community: • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety; or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. 31A-5 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 4 If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No. 2013 -12 for a Type 47 ABC license The Volstead is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer, wine and distilled spirits. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. The proposed license for the on -sale consumption of beer, wine, and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises and within an enclosed outdoor patio in accordance with the standards of the State Department of Alcoholic Beverage Control. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full - service restaurant. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will use less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. 31A-6 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 5 The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital Investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. Conditional Use Permit No. 2013 -13 to allow after -hour operations Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 12:00 a.m. and 7:00 a,m. The proposed hours of operation are 10:00 a.m. to 2:00 a.m. seven days per week which is consistent with the operating hours of the other downtown restaurants. The Volstead proposes to be open for lunch and dinner. This building location is within the Downtown Artists Village, which has a combination of commercial, institutional and residential uses. Concerns typically associated with after -hours operations are the potential for noise complaints from nearby residents, as well as potential nuisance behavior from patrons exiting the restaurant at closing time. Conditions of approval have been placed upon the use in order to mitigate these potential concerns. The following findings support the recommendation of approval for after -hours operations. The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity. The after -hours operation is consistent with that of other restaurants in the downtown. Conditions have been placed on the after -hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed hours of operation at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the permit that will mitigate any potential negative or adverse impacts that could be created by the use, and the proposed after - hours operation is consistent with other restaurants operating in the downtown. Further, the building location fronts on the Artists Village promenade, which is a frequent location for community activities involving outdoor entertainment and significant public activity. Specific conditions address the potential for noise and light intrusion, as well as for security. 31A-7 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 6 • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after -hours meals to their patrons. The extension of operating hours will enable the restaurant to continue their operations for a longer period of time, thereby allowing them to generate more revenue to ensure their continued economic viability. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan, Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. ConcTitional_ Use _Pen-nit No. 2013 -14 to allow a banauet facilit The Volstead restaurant also proposes an ancillary banquet facility, which would allow it to be used for private events only as an ancillary operation of the business. Per the SAMC, banquet facilities must have a kitchen facility, sanitation facilities, and a licensed security guard for every 100 persons in attendance per event. As proposed, the project meets or exceeds the standards for a banquet use. The following findings support the recommendation of approval for the banquet facility. • The proposed banquet facility permit will provide an ancillary service to the restaurant and their customers by providing a space to host special functions, This will benefit the community by providing an additional venue for special events and celebrations. Conditions have been placed on the banquet facility permit that will mitigate any potential impacts created by the use and to ensure that the use will not negatively affect the surrounding community. • The proposed banquet facility permit at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide a supplementary service to the community; all activities will occur within the premises and is incidental to the primary restaurant use. 31A-8 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 7 • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer banquet facilities for special events and community functions. Moreover, the banquet use will allow the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating a banquet use pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Clement encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants with ancillary banquet facilities offers additional special event and celebration options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full - service restaurant and banquet facility further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public, and other nuisance -type offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over - concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on -sale establishments, the Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 207 West Second Street has an above average number of reported crimes when compared to all crime reporting districts based on standards established under B &P Code Section 23958.4. 31A-9 CUP Nos. 2013 -12, 2013 -13 & 2013 -14 October 28, 2013 Page 8 207 West Second Street is located in Reporting District No. 165. This reporting district is 40 percent above the average reporting for all districts, which is above the 20 percent threshold established by the State for high crime. Conditions of approval are included as required by the SAMC that are adequate to address any concerns. Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association. Representatives from this Neighborhood Association were notified of this project. The project site was also posted with a notice advertising this public hearing, and a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2013 -22 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit Nos. 2013 -12, 2013 -13 and 2013 -14 as conditioned. ally Sob r� eske Associate fanner HS:mr hsAVolsteadlcup13- 13lhru'13 -14 Volstead.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Photo of location Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31A -10 Sergio Klotz, AICP/ Principal Pla ner' uuul_rI ST. CI CI CS i SP-3 ,Pnqnou xoA enu 11,.,- flt } fll Rt x� nx F RI Ai RI AI ni suan SD -20 R1 GC �® RI P P A' P suss sD -55 FIRST SEVENTEENTH MMES (1C1 f1� (- FIRST Al MITALAORCULTUMLF CR IXMMMALIU!DWRAL RI SNGtEFAMILYRM0RIITAL. -B KFNM3MODIFTCATI0N Tx GOVEFNMENTCW R M IAMILYF DmJ ON CCMMEMALSlUTH MAIN MI LHTINDUSTRAL m MULnMDMTYMLLTIFIF C1 COMMUNINCOMMEFOAL M2 HEAVYINOLISIRAL FAMILYf DENCE C1 -MD COMM. C0MMuAIJMUG31M0IGMI7 MO MIL -DWO MONS P! 91tlUMAWARNIDn CZ CSNH LLi7MM6i]AL 0 GF@ISFACE W. R'BI)MALESTAM C3 CENTIALDU9NFb P FRGFESSONAL 91 9lE0FIGDla0FAQ4T C3-A CENTRALEAI9NE33ARRSTMLLAGE FCD FLANNDJCCMIMUNINDMOPMENT T EN.CIRCPWN 04 FLANNED9IOFMGCWI'E2 Pra RANN0F0DI3ffALDEa0WE4T C5 ARFRdALCOMML Al. CUP 2013-12,13 and 14 k TH E VOLSTEAD 191( 207 WEST SECOND STREET #A - - =500 FAT T'= 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 EXHIBIT I VICINITY MAP 31A-1 1 PARKING STRUCTURE COMMERCIAL OFFICE COMM. LIVE/WORK LOFTS COMM. ?p COMM. COMM. r LL J COMM. COMMERCIAL G 0 M M E R G 1 A L s_ J M,F.R. CUP 2013-12,13 and 14 THE VOLSTEAD 207 WEST SECOND STREET #A, P L A N N I N G A N D 6 U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -12 �' �� �� . . r j;, ...,�;�,�� ��� �, � 7t �yT d• i I13 f.� Y' � 1 � ^"7i 1 � t �� �' � ` 1 Y 1 1� _ J "{j' f i �'�± y l_ Ck -' � �� - � � i � 4 �F = � t `.` 3 ' ` L �4T' § -� _�--4 t R - ^ �}'"' � .10 ld / \}\ \ \\ 17) \3 \\ \ }:? q .10 ld Exhibit 4 31A-14 to is SIX J9\/ AOL,) 4A u / \}\ \ \\ Exhibit 4 31A-14 to is SIX J9\/ AOL,) 4A u e Ica & IOLLb VO'VNV VJ.NV5'I3 -22116 C1NL'M We: p n y& = ' g 9NId11(19 ONIIGIX�3 AO NdWAAONdk INVNaJ. d � p z 6 0 <k1�itl4tl<kkk�1 F 9 Q � y 4 3 sp� MINI llg�YYay 4yn gP �$E$�933� IV is p 5nnomr ,�mmmmmrimmmmmu�mimmmmiuwm¢mm d� , t t 1 i lo a�� 8 zl a _ of O i 4 z' 13 Exhibit 5 ;31A-15 ry n I � i i ROH - 10/28/13 RESOLUTION NO. 2013 -24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2013 -12 AS CONDITIONED TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013-13 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013 -14 AS CONDITIONED TO ALLOW A BANQUET USE, FOR THE PROPERTY LOCATED AT 207 WEST SECOND STREET, UNIT A 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. 2013 -12 to allow a Type 47 Alcoholic Beverage Control (ABC) license, Conditional Use Permit No. 2013 -13 to allow after -hours operations, and Conditional Use Permit No. 2013 -14 to allow a banquet use, for the property located at 207 West Second Street. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: the sale of alcoholic beverages for on -site consumption, businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On October 28, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013 -12, Conditional Use Permit No. 2013 -13, and Conditional Use Permit No. 2013 -14. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -12 to allow for a Type 47 ABC license: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing Resolution No. 2013 -24 Page 1 of 16 31A -16 them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. 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 license for the on -sale consumption of beer, wine, and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises and within an enclosed outdoor patio in accordance with the standards of the State Department of Alcoholic Beverage Control. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow local businesses and the downtown area to become a destination area. Moreover, the offering of various food offerings allows the Downtown to remain economically viable and contributes to the overall success of Downtown Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 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 selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will use less than five Resolution No. 2013 -24 Page 2 of 16 31A -17 percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by 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. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -13 to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity. The after -hours operation is consistent with that of other restaurants in the downtown. Conditions have been placed on the after -hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2013 -24 Page 3 of 16 31A -18 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 hours of operation at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the permit that will mitigate any potential negative or adverse impacts that could be created by the use, and the proposed after -hours operation is consistent with other restaurants operating in the downtown. Further, the building location fronts on the Artists Village promenade, which is a frequent location for community activities involving outdoor entertainment and significant public activity. Specific conditions address the potential for noise and light intrusion, as well as for security. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after - hours meals to their patrons. The extension of operating hours will enable the restaurant to continue their operations for a longer period of time, thereby allowing them to generate more revenue to ensure their continued economic viability. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after midnight 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. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and Resolution No. 2013 -24 Page 4 of 16 31A -19 visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -14 to allow for a Banquet Facility: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed banquet facility permit will provide an ancillary service to the restaurant and their customers by providing a space to host special functions. This will benefit the community by providing an additional venue for special events and celebrations. Conditions have been placed on the banquet facility permit that will mitigate any potential impacts created by the use and to ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed banquet facility permit at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide a supplementary service to the community, all activities will occur within the premises and is incidental to the primary restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Resolution No. 2013 -24 Page 5 of 16 31A-20 The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer banquet facilities for special events and community functions. Moreover, the banquet use will allow the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 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 operating a banquet use 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. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants with ancillary banquet facilities offers additional special event and celebration options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant and banquet facility further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. G. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2013 -22 will be filed for this project. Resolution No. 2013 -24 Page 6 of 16 31A-21 Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013 -12 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, Conditional Use Permit No. 2013 -13 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 2013 -14 as conditioned in Exhibit C attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 28, 2013 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of October 2013 by the following vote: AYES: Commissioners: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Alderete (1) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney Sean H. Mill Vice Chairman 31A-22 Resolution No. 2013 -24 Page 7 of 16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 28, 2013 . Date: Secretary of the Planning Commission City of Santa Ana 31A-23 Resolution No. 2013 -24 Page 8 of 16 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2013 -12 Conditional Use Permit No. 2013 -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 California Building Standards 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. 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. Resolution No. 2013 -24 Page 9 of 16 31A-24 Cup No. 2013 -12 October 28, 2013 Page 2 of 4 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karacke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Resolution No. 2013 -24 Page 10 of 16 31A-25 Cup No. 2013 -12 October 28, 2013 Page 3 of 4 Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Sections 12 -1 and12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. 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. 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking 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 lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. Resolution No. 2013 -24 Page 11 of 16 31A-26 Cup No. 2013 -12 October 28, 2013 Page 4 of 4 C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. Resolution No. 2013 -24 Page 12 of 16 31A-27 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2013 -13 Conditional Use Permit No. 2013 -13 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 California Building Standards Code and all other applicable regulations. 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. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 2:00 a.m. pursuant to this conditional use permit. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC ") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 6. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 8. There shall be no amplified sound used outside the building. Resolution No. 2013 -24 Page 13 of 16 31A-28 Cup No. 2013 -13 October 28, 2013 Page 2 of 2 9. No use of delivery vehicles with more than three axels at this location. 10. This establishment must comply with Santa Ana Municipal Code Section 18 -312 related to exterior noise. 11. Trash enclosure program and a notarized, recorded Reciprocal Trash Agreement Prior to issuance of a Certificate of Occupancy. 12. Sign permits (both permanent and temporary) are under separate submittal. Resolution No. 2013 -24 Page 14 of 16 31A-29 EXHIBIT C Conditions for Approval of Conditional Use Permit No. 2013 -14 Conditional Use Permit No. 2013 -14 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 California Building Standards Code and all other applicable regulations. 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. 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless an after -hours conditional use permit is approved. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC ") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 6. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 8. There shall be no amplified sound used outside the building. Resolution No. 2013 -24 Page 15 of 16 31A-30 Cup No. 2013 -14 October 28, 2013 Page 2 of 2 No use of delivery vehicles with more than three axels at this location. 10. This establishment must comply with Santa Ana Municipal Code Section 18 -312 related to exterior noise. 11. Trash enclosure program and a notarized, recorded Reciprocal Trash Agreement Prior to issuance of a Certificate of Occupancy. 12. Sign permits (both permanent and temporary) are under separate submittal. Resolution No. 2013 -24 Page 16 of 16 31A-31 31A-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013 -31 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013 -29 TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013 -30 TO ALLOW A BANQUET USE FOR THE ROBBINS NEST RESTAURANT AT 207 EAST SECOND STREET, UNIT B - VINCE CANINO, APPLICANT J _ CITY MANAGE CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013 -31 as conditioned, Conditional Use Permit No. 2013 -29 as conditioned, and Conditional Use Permit No. 2013 -30 as conditioned. PLANNING COMMISSION ACTION On October 28, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -31 as conditioned for a Type 41 ABC license for the on- premise sale and consumption of beer and wine, Conditional Use Permit No. 2013 -29 as conditioned to allow after - hour operations, Conditional Use Permit No. 2013 -30 as conditioned to allow a banquet facility by a vote of 6:0 (Alderete abstained) at The Robbins Nest restaurant located at 207 West Second Street, Unit B in the Transit Zoning- Downtown (SD84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION This action will allow for a new restaurant to provide the sale and service of beer and wine as an ancillary service to their operation, and to allow the restaurant to be open past midnight and to allow for private banquets. 31 B -1 CUP Nos. 2013 -29, 2013 -30 & 2013 -31 November 18, 2013 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Jay M. Trevino Executive Director Planning & Building Agency HS:rb hs:RobbinsNesl \cup13- 29thru31 RobbinsNestcc Exhibit: A. Planning Commission Staff Report 31 B -2 REQUESTFOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 28, 2013 TITLE: PUBLIC HEARING — FILED BY VINCE CANINO FOR CONDITIONAL USE PERMIT NO. 2013-31 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013 -29 TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013-30 TO ALLOW A BANQUET USE FOR THE ROBBINS NEST RESTAURANT AT 207 EAST SECOND STREET, UNIT B Prepared by _Hally Soboleske _ Executive Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager 1. Adopt a resolution approving Conditional Use Permit No. 2013 -31 as conditioned for a Type 41 ABC license for the on- premise sale and consumption of beer and wine. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -29 as conditioned to allow after -hour operations. 3. Adopt a resolution approving Conditional Use Permit No. 2013 -30 as conditioned to allow a banquet facility. Reauest of Applicant Vince Canino is requesting approval of three conditional use permits for the proposed Robbins Nest Restaurant at 207 East Second Street, Unit A. Specifically, the applicant is requesting approval to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), to allow the restaurant to remain open until 2:00 a.m. per Section 41 -2007 of the SAMC and to allow a banquet use pursuant to Section 41 -2008 of the SAMC. Proiect Location and Site Description The applicant proposes to operate The Robbins Nest restaurant within an existing 3;080 square foot tenant space that is located on the Second Street Promenade in the Artists Village. The business will occupy the northernmost (rear) space that is currently vacant. The front space will be occupied by a separate business. The historic building at 207 East Second Street was constructed in 1923 and is known as the South Counties Gas Building, it is currently listed on the Santa Ana Register of Historical Properties, and has been vacant for several years. EXHIBIT A 31 B -3 CUP Nos. 2013 -29, 2013 -30 & 2013 -31 October 28, 2013 Page 2 The site is surrounded by a parking lot to the north, a vacant tot owned by Southern California Edison to the east, the Second Street Promenade and historic Grand Central Art Building studios to the south, and various commercial and residential land uses in the historic Santora Building to the west (Exhibits 1, 2 and 3). Project Descriptlon The Robbins Nest restaurant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine, to allow the restaurant to remain open past midnight, and to hold banquet events. The restaurant will be a full- service, sit -down eating establishment that consists of 3,080 square feet of interior floor space with seating for approximately 72 patrons within its dining room. The on- premise sale of alcoholic beverages and banquet operation are intended to provide a service ancillary to the primary restaurant use. The restaurant will be open for lunch and dinner Tuesday through Sunday and closed Mondays. The storage area for alcoholic beverages is approximately 76 square feet in size, which is less than five percent of the interior gross floor area of the restaurant and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 6). Project Backaround The South Counties Gas Building has been vacant many years and was in an advanced state of disrepair. Its previous tenant was the Handlebar Saloon. The building was originally acquired by the City's Redevelopment Agency in about 1994 as part of the Artists Village project. The South Counties Gas Building was purchased by Corbiz LLC in 2011, and was completely rehabilitated including repair and upgrade of structural members, window and door repair and replacement, repointing the exterior bricks, the installation of an elevator, and upgrading bathroom facilities. The building was separated into two distinct spaces. The Robbins Nest proposes to utilize the smaller of the two spaces on the north side of the building with entry from the alley. The Robbins Nest proposes to be a wine bar /bistro with a small selection of beer. Food will be prepared in "tapas" or small -plate style. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services. The project site is consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub -zone. The SD -84 zoning district allows for service and retail uses such as a restaurant. Further, the zoning allows for the sale of alcoholic beverages, after -hours operations and banquet 31 B -4 CUP Nos, 2013 -29, 2013 -30 & 2013 -31 October 28, 2013 Page 3 facilities subject to issuance of a conditional use permit. This project is consistent with the SD -84 zoning designation. Prgiect Analysis Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community, • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No. 2013 -31 for a Tvoe 41 ABC license The Robbins Nest is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. 31 B -5 CUP Nos. 2013 -29, 2013 -30 & 2013 -31 October 28, 2013 Page 4 • The proposed license for the on -sale consumption of beer, wine, and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises in accordance with the standards of the State Department of Alcoholic Beverage Control. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full - service restaurant. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. , • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona-fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will use less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. Conditional Use Permit No. 2013 -29 to allow after -hour operations Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 12:00 a.m. and 7:00 a.m. The restaurant will be open for lunch and dinner Tuesday through Sunday with operations after midnight on occasion. These operating hours are consistent with those of the other downtown restaurants. RIUM CUP Nos. 2013-29,2013-30 & 2013 -31 October 28, 2013 Page b The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity, The after -hours operation is consistent with that of other restaurants in the downtown. Conditions have been placed on the after -hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed hours of operation at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the permit that will mitigate any potential negative or adverse impacts that could be created by the use, and the proposed after - hours operation is consistent with other restaurants operating in the downtown, Further, the building location fronts on the Artists Village promenade, which is a frequent location for community activities involving outdoor entertainment and significant public activity. Specific conditions address the potential for noise and light intrusion, as well as for security. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after -hours meals to their patrons. The extension of operating hours will enable the restaurant to continue their operations for a longer period of time, thereby allowing them to generate more revenue to ensure their continued economic viability. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after 12:00 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services, Providing a variety of full- service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. 31 B -7 CUP Nos. 2013 -29, 2013 -30 & 2013 -31 October 28, 2013 Page 6 Conditional Use Permit No. 2013 -30 to allow a banquet facility The Robbins Nest restaurant also proposes an ancillary banquet facility, which would allow it to be used for private events only as an ancillary operation of the business. Per the SAMC, banquet facilities must have a kitchen facility, sanitation facilities, and a licensed security guard for every 100 persons in attendance per event. As proposed, the project meets or exceeds the standards for a banquet use. The following findings support the recommendation of approval for the banquet facility. • The proposed banquet facility permit will provide an ancillary service to the restaurant and their customers by providing a space to host special functions. This will benefit the community by providing an additional venue for special events and celebrations. Conditions have been placed on the banquet facility permit that will mitigate any potential impacts created by the use and to ensure that the use will not negatively affect the surrounding community, • The proposed banquet facility permit at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide a supplementary service to the community, all activities will occur within the premises and is incidental to the primary restaurant use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer banquet facilities for special events and community functions, Moreover, the banquet use will allow the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating a banquet use pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants with ancillary banquet facilities offers additional special event and celebration options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant and banquet facility further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. ' ' q CUP Nos. 2013 -29, 2013 -30 & 2013 -31 October 28, 2013 Page 7 Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public, and other nuisance -type offenses, Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over- concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on -sale establishments, the Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 207 East Second Street has an above average number of reported crimes when compared to all crime reporting districts based on standards established under 6 &P Code Section 23958.4. 207 West Second is located in Reporting District No. 165. This reporting district is 40 percent above the average reporting for all districts, which is above the 20 percent threshold established by the State for high crime. Conditions of approval are included as required by the SAMC that are adequate to address any concerns. Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association. Representatives from this Neighborhood Association were notified of this project. The project site was also posted with a notice advertising this public hearing, and a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2013 -40 will be filed for this project. 31 B -9 CUP Nos, 2013 -29, October 28, 2013 Page 8 Conclusion 2013 -30 & 2013 -31 Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit Nos. 2013 -29, 2013 -30 and 2013 -31 as conditioned. Hally Sobcd6ske Associate Planner HS:mr hs .RobbinsNesticup'l3- 29thru13 -31 RobblmNest.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Photo of location Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 B -10 Sergio Klotz, AI P r Principal Planner SEVENTEENTH ST. SEVENTEENTH U L-1 i._ L_J t_...J L_J u l_J 3 L_JL.,� I_„_13. L_J JR1 11 .. CS C5 ! SP 3. 55pi m qt flt q3 fl3- UIRL2 N1. 113. Sl HSB B 3 l ro 7 Ian SP Sx 6l N I11 O R1 RI RI R1 P R1 R3- ', R3- ' u , � � sP 1 5P -3 SP -3 3 HYII FI nPo� —wc g 5l1 au x g 5p-3 ? 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CUP 2013 -29, 30 and 31 ROBBINS NEST r 207 WEST SECOND STREET #B �V 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 -12 207 WEST SECOND STREET #B PHOTO ROBBINS NEST RESTAURANT 31 B -13 THE WESTERLY 65 FEET OF LOTS 1, 4 AND 6 IN BLOCK 6 OF THE TOWN OF SANTAANA, AS PER NIAP RECORDED IN BOOK 2, PAGE 61 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA - --------- X� g J L T11 rd A-3, EXHIBIT SPACE - LJ'4IT E- RESTAURANT - UHI'T I^ SECOND STREET _F_xhVt4 31B-14 ri F 2 fill o rt g}rtaiyr,s tttirri�i �!� i. r ty„ Ef 1 � t il�ya mm�na��JCaamc�W j " ! it„-, Id ! ial,3lllli,s! ill; i I':! z ul t m } it ;!,t ► ! E ! ft}ll, ''IE 11 ?i P Gi t? t l 4tS it Mt rt'ili ilt qi} i r{I!1 Ei9 tr a s a ❑ i�,e E i` i' ti � ° � IP t- ii!E; }ilr ili Ed r , i 9 5 � i i E' Pill Ih i !11'i r rr'{Fatshl are r }ltrri 9lra l� ; �1 - ; ' "° " ci !l ;t Hf 5 iliEl, l iii l9l s [ i Exhibit 5 31 B -15 �3 : x: z rh IL �+ C N GG °„ y' C (L "v It _ G ai ❑.,� Epp A min i G C CL z IL ri F 2 fill o rt g}rtaiyr,s tttirri�i �!� i. r ty„ Ef 1 � t il�ya mm�na��JCaamc�W j " ! it„-, Id ! ial,3lllli,s! ill; i I':! z ul t m } it ;!,t ► ! E ! ft}ll, ''IE 11 ?i P Gi t? t l 4tS it Mt rt'ili ilt qi} i r{I!1 Ei9 tr a s a ❑ i�,e E i` i' ti � ° � IP t- ii!E; }ilr ili Ed r , i 9 5 � i i E' Pill Ih i !11'i r rr'{Fatshl are r }ltrri 9lra l� ; �1 - ; ' "° " ci !l ;t Hf 5 iliEl, l iii l9l s [ i Exhibit 5 31 B -15 ROH - 10/28/13 RESOLUTION NO. 2013 -25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2013 -31 AS CONDITIONED TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013-29 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2013 -30 AS CONDITIONED TO ALLOW A BANQUET USE, FOR THE PROPERTY LOCATED AT 207 WEST SECOND STREET, UNIT 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. 2013 -31 to allow a Type 41 Alcoholic Beverage Control (ABC) license, Conditional Use Permit No. 2013 -29 to allow after -hours operations, and Conditional Use Permit No. 2013 -30 to allow a banquet use, for the property located at 207 West Second Street, Unit B. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: the sale of alcoholic beverages for on -site consumption, businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On October 28, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013 -31 Conditional Use Permit No. 2013 -29, and Conditional Use Permit No. 2013 -30. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -31 to allow for a Type 41 ABC license: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing Resolution No. 2013 -25 31 B -16 Page 1 of 17 them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. 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 license for the on -sale consumption of beer, wine, and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises and within an enclosed outdoor patio in accordance with the standards of the State Department of Alcoholic Beverage Control. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full - service restaurant. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of Resolution No. 2013 -25 Page 2 of 17 31 B -17 the day. Additionally, the restaurant will use less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by 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. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -29 to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity. The after -hours operation is consistent with that of other restaurants in the downtown. Conditions have been placed on the after -hours permit that will mitigate any potential Resolution No. 2013 -25 31 B -18 Page 3 of 17 impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed hours of operation at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the permit that will mitigate any potential negative or adverse impacts that could be created by the use, and the proposed after -hours operation is consistent with other restaurants operating in the downtown. Further, the building location fronts on the Artists Village promenade, which is a frequent location for community activities involving outdoor entertainment and significant public activity. Specific conditions address the potential for noise and light intrusion, as well as for security. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after - hours meals to their patrons. The extension of operating hours will enable the restaurant to continue their operations for a longer period of time, thereby allowing them to generate more revenue to ensure their continued economic viability. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after 12:00 midnight. 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. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants with extended hours of operation Resolution No. 2013 -25 Page 4 of 17 31 B -19 offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -30 to allow for a Banquet Facility: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed banquet facility permit will provide an ancillary service to the restaurant and their customers by providing a space to host special functions. This will benefit the community by providing an additional venue for special events and celebrations. Conditions have been placed on the banquet facility permit that will mitigate any potential impacts created by the use and to ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed banquet facility permit at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide a supplementary service to the community, all activities will occur within the premises and is incidental to the primary restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Resolution No. 2013 -25 Page 5 of 17 31 B -20 The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer banquet facilities for special events and community functions. Moreover, the banquet use will allow the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 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 operating a banquet use 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. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants with ancillary banquet facilities offers additional special event and celebration options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Counties Gas Building has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full- service restaurant and banquet facility further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The South Counties Gas Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. G. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2013 -40 will be filed for this project. Resolution No. 2013 -25 Page 6 of 17 31 B -21 Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013 -31 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, Conditional Use Permit No. 2013 -29 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 2013 -30 as conditioned in Exhibit C attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 28, 2013 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of October 2013 by the following vote: AYES: Commissioners: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval(6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Alderete(1) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Sean H. Mill Vice Chairman Resolution No. 2013 -25 Page 7 of 17 31 B -22 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 28. 2013 . Date: Secretary of the Planning Commission City of Santa Ana 31 B -23 Resolution No. 2013 -25 Page 8 of 17 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2013 -31 Conditional Use Permit No. 2013 -31 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 California Building Standards 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. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. Resolution No. 2013 -25 Page 9 of 17 31 B -24 OCTOBER 28, 2013 PAGE 2OF4 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one', or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 2013 -25 Page 10 of 17 31 B -25 OCTOBER 28, 2013 PAGE 3 OF 4 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Sections 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. 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. 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 21 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. Resolution No. 2013 -25 Page 11 of 17 31 B -26 OCTOBER 28, 2013 PAGE 4OF4 C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. Resolution No. 2013 -25 Page 12 of 17 31 B -27 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2013 -29 Conditional Use Permit No. 2013 -29 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 California Building Standards Code and all other applicable regulations. 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. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 2:00 a.m. pursuant to this conditional use permit. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC ") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 6. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 8. There shall be no amplified sound used outside the building. Resolution No. 2013 -25 Page 13 of 17 31 B -28 OCTOBER 28, 2013 PAGE 2OF2 9. A notification directing patrons to park in the public parking structure located on Third Street and Broadway shall be posted at the restaurant entry and on the restaurant's website (if any). 10. No use of delivery vehicles with more than three axels at this location. 11. This establishment must comply with Santa Ana Municipal Code Section 18 -312 related to exterior noise. 12. Trash program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 13. Sign permits (both permanent and temporary) are under separate submittal. 14. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2013 -25 Page 14 of 17 31 B -29 EXHIBIT C Conditions for Approval of Conditional Use Permit No. 2013 -30 Conditional Use Permit No. 2013 -30 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 California Building Standards Code and all other applicable regulations. 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. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless a conditional use permit is approved for after -hours operation. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC ") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 6. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 8. There shall be no amplified sound used outside the building. Resolution No. 2013 -25 Page 15 of 17 31 B -30 OCTOBER 28, 2013 PAGE 2 OF 2 9. A notification directing patrons to park in the public parking structure located on Third Street and Broadway shall be posted at the restaurant entry and on the restaurant's website (if any). 10. No use of delivery vehicles with more than three axels at this location. 11. This establishment must comply with Santa Ana Municipal Code Section 18 -312 related to exterior noise. 12. Trash program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 13. Sign permits (both permanent and temporary) are under separate submittal. 14. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2013 -25 Page 16 of 17 31 B -31 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. 2013 -25 (Conditional Use Permit Nos. 2013 -29, 2013 -30 and 2013 -31) in this action by placing true copy t erect enc ose in spa enve opes a dresse as follows: [ ] 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. ,RU WI :311 Resolution No. 2013 -25 Page 17 of 17 31 B -32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2012 -11 -MOD TO MODIFY A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2012 -12 -MOD TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2012 -13 -MOD TO ALLOW A BANQUET USE FOR THE PLAYGROUND AT 220 EAST FOURTH STREET - BOB QUINN SLL 4; '_� - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving modifications to Conditional Use Permit No. 2012-11 - MOD as conditioned, Conditional Use Permit No. 2012 -12 -MOD as conditioned, and Conditional Use Permit No. 2012 -13 -MOD as conditioned. PLANNING COMMISSION ACTION On October 28, 2013, the Planning Commission adopted a resolution approving modifications to Conditional Use Permit No. 2012 -11 -MOD as conditioned for a Type 47 ABC license, Conditional Use Permit No. 2012 -12 -MOD as conditioned to allow after -hour operations, and modifications to Conditional Use Permit No. 2012 -13 -MOD as conditioned to allow a banquet facility by a vote of 7:0 for The Playground Restaurant located at 220 East Fourth Street in the Transit Zoning - Downtown (SD84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION This action will allow for an existing restaurant to expand their service area creating an upstairs lounge and adjacent pizza restaurant. The existing sales and service of alcohol, after hours operations and banquet use will also be extended to include the new service areas. 31 C -1 CUP Nos. 2012 -11 -MOD, 2012 -12 -MOD & 2012 -13 -MOD November 18, 2013 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. AyiM . Trevino Executive Director Planning & Building Agency HS:rb hs: \Playground \cup12- 11thru13 -MOD Playground= Exhibit: A. Planning Commission Staff Report 31 C -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE. OCTOBER 28, 2013 TITLE: PUBLIC HEARING — FILED BY BOB QUINN FOR CONDITIONAL USE PERMIT NO. 2012-11-MOD TO MODIFY A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2012.12 -MOD TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2012-13-MOD TO ALLOW A BANQUET USE FOR THE PLAYGROUND AT 220 EAST FOURTH STREET Prepared by HaIIySoboleske Executive Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Vanager 1. Adopt a resolution approving modifications to Conditional Use Permit No. 2012 -11 -MOD as conditioned for a Type 47 ABC license. 2. Adopt a resolution approving modifications to Conditional Use Permit No. 2012 -12 -MOD as conditioned to allow after -hour operations. 3. Adopt a resolution approving modifications to Conditional Use Permit No. 2012 -13 -MOD as conditioned to allow a banquet facility. Request of Applicant Bob Quinn is requesting the modification of three conditional use permits for the Playground Restaurant at 220 East Fourth Street. The applicant Is requesting modification due to an expansion of the existing restaurant into the adjacent suite, as well as the second floor. The modification will allow the new floor area to be included under the existing Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine, and distilled spirits pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC); allows the expansion area to remain open until 2:00 a.m. under the existing CUP for after -hours operations pursuant Section 41 -2007 of the SAMC; and allows the expansion area to operate as a banquet use under the existing CUP pursuant to Section 41 -2008 of the SAMC. EXHIBIT A 31 C -3 CUP Nos. 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 2 Proiect Location and Site Description Playground is an existing restaurant located adjacent to the Spurgeon promenade on the south side of 4�h Street. They are proposing to expand the restaurant from 1,334 to 3,140 square feet through the use of the second floor of the building, as well as an adjacent tenant suite. The site is surrounded by commercial land uses (Exhibits 1, 2 and 3). Proiect Description The Playground restaurant was originally approved for a Type 47 on- premise alcohol license, after hours, and banquet conditional use permits on September 10, 2012. The owners of Playground are requesting modification of the existing CUPS for alcohol sales, after -hours operations and banquet events. The restaurant will be increasing by 1,806 square feet of interior floor space with seating for an additional 139 patrons within its dining room and lounge. This expansion of use requires the modification to the existing conditional use permits to include the new floor area. The ground floor expansion will offer an Italian pasta /wood -fired pizza menu. The second floor expansion will include a lounge /waiting area where patrons can wait far their tables to be ready and /or order food from a smaller menu for service on the second floor. The alcohol storage area is approximately 330.5 square feet in size, which is less than five percent of the interior gross floor area of the restaurant and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). Project Background Playground restaurant is a full- service, sit -down eating establishment which opened in 2012. The menu features a wide variety of items that change based on the seasonable availability of ingredients. Their capsule restaurant, Playground 2.0, features food prepared by a chef in a demonstration style for small groups. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center land use districts are major activity areas in the City that are designed to serve as commercial anchors with an urban character and mix of uses. The project site is consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub -zone. The SD -84 zoning district allows for service and retail uses such as a restaurant. Further, the zoning allows for the sale of alcoholic beverages, after -hours operations and banquet facilities subject to issuance of a conditional use permit. This project is consistent with the SD -84 zoning designation. 31 C -4 CUP Nos. 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 3 Project Analysis Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No.-2012-1 1-MOD to expand the service area for a Type 47 ABC license Playground restaurant is requesting approval to expand the service area of the existing Type 47 Alcoholic Beverage Control (ABC) license approved under CUP 2012 -11. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages, The proposed expansion of the alcoholic beverage service area will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. The proposed expansion of the alcoholic beverage service area will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. in addition, the use will occur within the premises and /or within an enclosed 31 C -5 CUP Nos, 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 4 outdoor patio in accordance with the standards of the State Department of Alcoholic Beverage Control. • The proposed expansion of the alcoholic beverage service area will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full - service restaurant. In addition, the proposed use will serve to re- tenant previously vacant portions of the building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day, Additionally, the restaurant will use less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. The proposed expansion will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. Conditional Use Permit No. 2012 -12 -MOD to expand the service area for after -hour operations Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 12:00 a.m. and 7:00 a.m. Playground is currently permitted to operate until 2:00 a.m. with the outdoor patio limited to 1:30 a.m. pursuant to existing CUP 2012 -12, which is consistent with other restaurants operating in the area. The request would allow the expanded service areas to operate during the same hours. Concerns typically associated with after -hours operations are the potential for noise complaints from nearby residents, as well as potential nuisance behavior from patrons exiting the restaurant at closing time. Conditions of approval have been placed upon the use in order to mitigate these potential concerns. The following findings support the recommendation of approval for after -hours operations. 31 C -6 CUP Nos. 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 5 The proposed expansion of the after -hours operations area will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity. The after -hours operation is consistent with that of other restaurants in the downtown. Conditions have been placed on the after -hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed expansion of the after -hours operations area at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the permit that will mitigate any potential negative or adverse Impacts that could be created by the use, and the proposed after -hours operation is consistent with other restaurants operating in the downtown. Further, the building location fronts on the Spurgeon promenade, which is a frequent location for community activities involving outdoor entertainment and significant public activity. Specific conditions address the potential for noise and light intrusion, as well as for security. The proposed expansion of the after -hours operations area will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after -hours meals to their patrons. The extension of operating hours will enable the restaurant to continue their operations for a longer period of time, thereby allowing them to generate more revenue to ensure their continued economic viability. The proposed use will serve to re- tenant previously vacant portions of the building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after 12 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. The proposed expansion of the after -hours operations area will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. Conditional Use Permit No. 2012 -13 -MOD to expand the service for a banquet facility Playground restaurant also proposes allow the expanded service are to include banquet facilities, which would allow it to be closed, or a portion of it to be closed, to the general public for private events. The intent is to operate a full service restaurant; however, private events may be allowed on certain occasions. Per the SAMC, banquet facilities must have a kitchen facility, sanitation facilities, 31 C -7 CUP Nos. 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 6 and a licensed security guard for every 100 persons in attendance per event. As proposed, the project meets or exceeds the standards for a banquet use. • The proposed expansion of the banquet facility permit will provide an ancillary service to the restaurant and their customers by providing a space to host special functions. This will benefit the community by providing an additional venue for special events and celebrations. Conditions have been placed on the banquet facility permit that will mitigate any potential impacts created by the use and to ensure that the use will not negatively affect the surrounding community. • The proposed expansion of the banquet facility permit at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide a supplementary service to the community, all activities will occur within the premises and is incidental to the primary restaurant use. • The proposed expansion of the banquet facility will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer banquet facilities for special events and community functions. The proposed use will serve to re- tenant previously vacant portions of the building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. • As conditioned, the expansion of the banquet facility will be in compliance with all applicable regulations and conditions imposed on a restaurant operating a banquet use pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed expansion of the banquet facility will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants with banquet facilities offers additional service for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public, and other nuisance -type offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The 31 C -8 CUP Nos. 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 7 approval of a license in an area deemed over - concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on -sale establishments, the Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 220 East Fourth Street has an above average number of reported crimes when compared to all crime reporting districts based on standards established under B &P Code Section 23958.4. 220 East Fourth Street is located in Reporting District No, 185. This reporting district is 20 percent above the average reporting for all districts, which is even with the threshold established by the State for high crime. Conditions of approval are included as required by the SAMC that are adequate to address any concerns, Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association. Representatives from this Neighborhood Association were notified of this project. The project site was also posted with a notice advertising this public hearing, and a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2012 -28 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit Nos. 2012 -11, 2012 -12 and 2012 -13 as conditioned. Hally Sobob sl<e Associate Planner HS :mr hsAP1ayg roun&cup 12 -11 thru112.13,pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Sergio Klot AIC Principal Plariner Exhibit 3 — Photo of location Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 C -9 WANTEENTM sv ss p � p so ss 5 FlRif Al -B GBN LAGAWLTURALI PAfWNGM00JRMT10N CR COMEPUALRMD�AL tG COVFWMENTwgR RI RE 9NGEFAMILYRS0E47A4. �FAMILYFE,IDS CE GEM CY M-MO MMMEFOALSDUM MA 'N CCMMUNII COMMEFUAL COMM. COMMEIVAUMUSEIM Mi UaiTINDUSTPNAL M2 HRWINDUSIRAL OISIRCT MO MIUTARPORFAMONS FS R4 MUMPLEO 9WMUTFLE FAMILYF3OMM UAF'ANAFARMENM C2 GONERALOOMMUWL 0 OFEN EFACE FE RE OMALESEATE m 03A CN cffilmLB NESS P MFEMML CEINTRAL Euiv�ARII51'MLLAGE pp RANNEOO]MMUNINDMOFW PANNEDSfflNGCFWEER pm MNNED 5MUE1NTAL OEVa.OFMR.T W T 3mF1coe/dfEMENNT 9EORCRAN m ARIF &WMMEROAL !_ CUP 2012 -11, 2012 -12, & 2012 -13 THE PLAYGROUND 220 EAST FOURTH STREET - _ 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_ EXHIBIT 1 VICINITY MAP 31 C -10 5TH 4TH H w w m LA C 0 m M F c I C 0 M M R C I A L S in D m 3RD C 0 M M L R C II A L C O M M E R C I A L r STREET Z C O M M E R C I A L 0 w l7 m 7 a C O M M E R C I A L ul STREET STREET C O M M E R C I A L CUP 2012 -11, 2012 -12, & 2012 -13 (5) THE PLAYGROUND 220 EAST FOURTH STREETS, P L A N N 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 C -11 a a N L 8 0 9 LL � �1 @ W G. o a N L N f- Exhibit 3 31 C -12 r-I tl il A i 31 -3 Exhibit 4 31 C -13 11 IM I H I I % wit i 31 -3 Exhibit 4 31 C -13 11 IM I H I I m N P a N [ - J Y N 4 N y 1 C 46' -5 t j Q7 hJ o N N I Exhibit 5 31C-14 IF Ci ITV p 1 of 2 C) tJ (J J m b 9C_ P 'm z o o a EWIPIIVITPI N KII Exhibit 5 2 of 2 a o : Iii' I; jlll�c�i{iil!t��!1,4�f�1!r {jiii { i ,•ell,y��� „�,es,Iaall,g- r�Icur° , 31 C -15 Coa�,�e,cepts, Lyc. EgniPma� ��sc'n ROH - 10/28/13 RESOLUTION NO. 2013 -26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2012 -11 -MOD AS CONDITIONED TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2012 -12 -MOD AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2012- 13 -MOD AS CONDITIONED TO ALLOW A BANQUET USE, FOR THE PROPERTY LOCATED AT 220 EAST FOURTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of modification to: Conditional Use Permit No. 2012 -11 -MOD to allow a Type 47 Alcoholic Beverage Control (ABC) license, Conditional Use Permit No. 2012 -12 -MOD to allow after -hours operations, and Conditional Use Permit No. 2012 -13 -MOD to allow a banquet use, for expansion of the existing restaurant into the adjacent suite, as well as the second floor, for the property located at 220 East Fourth Street. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: the sale of alcoholic beverages for on -site consumption, businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On September 10, 2012, the Planning Commission of the City of Santa Ana approved a Type 47 on- premise alcohol license, after hours, and banquet conditional use permits. D. On October 28, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2012 -11 -MOD, Conditional Use Permit No. 2012 -12 -MOD, and Conditional Use Permit No. 2012 -13 -MOD to modify the original conditional use permits for this property. E. The Planning Commission determines that the following findings, which must be established in order to grant modification of this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been Resolution No. 2013 -26 31 C -16 Page 1 of 15 established for Conditional Use Permit No. 2012 -11 -MOD to allow for a Type 47 ABC license: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed expansion of the alcoholic beverage service area will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. 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 expansion of the alcoholic beverage service area will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises and /or within an enclosed outdoor patio in accordance with the standards of the State Department of Alcoholic Beverage Control. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed expansion of the alcoholic beverage service area will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full- service restaurant. In addition, the proposed use will serve to re- tenant previously vacant portions of the building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? Resolution No. 2013 -26 31 C -17 Page 2 of 15 As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will use less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed expansion will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. F. The Planning Commission determines that the following findings, which must be established in order to grant modification of this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2012 -12 -MOD to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed expansion of the after -hours operations area will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary Resolution No. 2013 -26 31 C -18 Page 3 of 15 food - related amenity. The after -hours operation is consistent with that of other restaurants in the downtown. Conditions have been placed on the after -hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed expansion of the after -hours operations area at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the permit that will mitigate any potential negative or adverse impacts that could be created by the use, and the proposed after -hours operation is consistent with other restaurants operating in the downtown. Further, the building location fronts on the Spurgeon promenade, which is a frequent location for community activities involving outdoor entertainment and significant public activity. Specific conditions address the potential for noise and light intrusion, as well as for security. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed expansion of the after -hours operations area will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after -hours meals to their patrons. The extension of operating hours will enable the restaurant to continue their operations for a longer period of time, thereby allowing them to generate more revenue to ensure their continued economic viability. The proposed use will serve to re- tenant previously vacant portions of the building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed expansion of the after -hours operations will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after 12:00 midnight. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2013 -26 31 C -19 Page 4 of 15 The proposed expansion of the after -hours operations area will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. G. The Planning Commission determines that the following findings, which must be established in order to grant modification of this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2012 -13 -MOD to allow for a Banquet Facility: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed expansion of the banquet facility permit will provide an ancillary service to the restaurant and their customers by providing a space to host special functions. This will benefit the community by providing an additional venue for special events and celebrations. Conditions have been placed on the banquet facility permit that will mitigate any potential impacts created by the use and to ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed expansion of the banquet facility permit at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide a supplementary service to the community, all activities will occur within the premises and is incidental to the primary restaurant use. Resolution No. 2013 -26 31 C -20 Page 5 of 15 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed expansion of the banquet facility will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer banquet facilities for special events and community functions. The proposed use will serve to re- tenant previously vacant portions of the building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the expansion of the banquet facility will be in compliance with all applicable regulations and conditions imposed on a restaurant operating a banquet use 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 expansion of the banquet facility will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants with banquet facilities offers additional service for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. H. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2012 -28 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves the modifications to Conditional Use Permit No. 2012 -11 -MOD as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, Conditional Use Permit No. 2012 -12 -MOD as conditioned in Resolution No, 2013 -26 31 C -21 Page 6 of 15 Exhibit B attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 2012 -13 -MOD as conditioned in Exhibit C attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 28, 2013 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of October 2013 by the following vote: AYES: Commissioners: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval(6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Alderete(1) Sean H. Mill Vice Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 28, 2013 . Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2013 -26 31 C -22 Page 7 of 15 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2012 -11 -MOD Conditional Use Permit No. 2012 -11 -MOD 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 California Building Standards 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. 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on Any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. Resolution No. 2013 -26 31 C -23 Page 7 of 15 CUP NO. 2012-11 MOD OCTOBER 28, 2013 PAGE 2 OF 4 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC') Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Resolution No. 2013 -26 31 C -24 Page S of 15 CUP NO. 2012 -11 MOD OCTOBER 28, 2013 PAGE 3 OF 4 Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Sections 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. 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. 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking 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 lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. Resolution No. 2013 -26 31 C -25 Page 9 of 15 CUP NO. 2012-11 MOD OCTOBER 28, 2013 PAGE 4 OF 4 C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. Resolution No. 2013 -26 31 C -26 Page 10 of 15 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2012 -12 -MOD Conditional Use Permit No. 2012 -12 -MOD 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 California Building Standards Code and all other applicable regulations. 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. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 2:00 a.m. pursuant to this conditional use permit. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC ") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. There shall be no amplified sound used outside the building. Resolution No. 2013 -26 31 C -27 Page 11 of 15 CUP NO. 2012 -12 MOD OCTOBER 28, 2013 PAGE 2OF2 9. No use of delivery vehicles with more than three axels at this location. 10. This establishment must comply with Santa Ana Municipal Code Section 18 -312 related to exterior noise. 11. Trash enclosure program and a notarized, recorded Reciprocal Trash Agreement Prior to issuance of a Certificate of Occupancy. 12. Trash pickup must be scheduled for a minimum of twice per week. 13. Sign permits (both permanent and temporary) are under separate submittal. 14. Any and all outdoor patio areas shall be closed by 1:30 a.m. pursuant to this conditional use permit. Resolution No. 2013 -26 31 C -28 Page 12 of 15 EXHIBIT C Conditions for Approval of Conditional Use Permit No. 2012 -13 -MOD Conditional Use Permit No. 2012 -13 -MOD 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 California Building Standards Code and all other applicable regulations. 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. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless a conditional use permit for after hours operation is approved. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC ") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 6. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. Resolution No. 2013 -26 31 C -29 Page 13 of 15 CUP NO. 2012-13 MOD OCTOBER 28, 2013 PAGE 2OF2 8. There shall be no amplified sound used outside the building. 9. No use of delivery vehicles with more than three axels at this location. 10. This establishment must comply with Santa Ana Municipal Code Section 18 -312 related to exterior noise. 11. Trash enclosure program and a notarized, recorded Reciprocal Trash Agreement Prior to issuance of a Certificate of Occupancy. 12. Trash pickup must be scheduled for a minimum of twice per week. 13. Sign permits (both permanent and temporary) are under separate submittal. Resolution No. 2013 -26 31 C -30 Page 14 of 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. 2013 -26 itional Use Permit Nos. 2012 -11 2012 -12 and 2012 -13) in this action by 1 a true copy thereof enclosed s— e� ara envelopes acidressed as follows: [ ] 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. 2013 -26 31 C -31 Page 15 of 15 31 C -32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013 -45 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR AU NATURAW RESTAURANT AT 206 NORTH BROADWAY, UNITS A AND B - WILLIAM MASON, APPLICANT 2/ /'O 1 CITY MANAGER 2 CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013 -45 as conditioned. PLANNING COMMISSION ACTION On October 28, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -45 as conditioned by a vote of 7:0 for a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at the Au Naturaw Restaurant at 206 North Broadway, Units A and B located in the Transit Zone Downtown (SD -84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION This action will allow for an existing restaurant to serve beer and wine as an ancillary service to their operations. FISCAL IMPACT There is no fiscal impact associated with this action. qkA a M. Trevino Executive Director Planning & Building Agency HS:rb h&\AuNaturaw \cup13 -45 AuNaturaw.x Exhibit: A. Planning Commission Staff Report 31 D -1 31 D -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 28, 2013 TITLE: PUBLIC HEARING — FILED BY WILLIAM MASON FOR CONDITIONAL USE PERMIT NO. 2013-45 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR AU NATURAW RESTAURANT AT 206 NORTH BROADWAY, UNITS A AND B Prepared by Hally Soboleske Executive Director s « PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Manav Adopt a resolution approving Conditional Use Permit No. 2013 -45 as conditioned. DISCUSSION Request of Applicant William Mason Is requesting approval of a conditional use permit for the Au Naturaw restaurant at 206 North Broadway, Units A and B. Specifically, the applicant is requesting approval to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The Au Naturaw restaurant has been in operation since 2012 within an existing 2,351square foot tenant space that is located at 206 North Broadway in Suite A. The applicant proposes to expand into an adjacent suite thereby adding 1,048 square feet to the restaurant for a total of 3,399 square foot facility, The building itself is the historic Empire Market building constructed in 1933 and is listed on the Santa Ana Register of Historical Properties The site is surrounded by commercial land uses to the east, north and south, along with multi - family residential immediately west of the site (Exhibits 1, 2 and 3). EXHIBIT A 31 D -3 Conditional Use Permit No. 2013 -45 October 28, 2013 Page 2 Project Description Au Naturaw is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at an existing restaurant. The restaurant is a full - service, sit -down eating establishment that will have 49 seats. The on- premise sale of alcoholic beverages is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant are from 10:00 a.m. to 11:00 p.m. seven days a week. The storage area for alcoholic beverages will be located within a cooler near the rear of the restaurant. The overall storage area for alcoholic beverages is approximately 70 square feet in size, which is less than five percent of the interior gross floor area of the restaurant and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). Project Background Au Naturaw is an existing restaurant that specializes in organic, vegan, vegetarian, and raw cuisine. Since opening in 2012, the business has done well and would like to expand into the adjacent vacant tenant space. Additionally, the applicant would like to serve biodynamic wines and organic beer to augment their meals and to remain competitive with other restaurants in the area. General Plan and Zoning Congistency The General Plan land use designation for the site is District Center (DC). District Center land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services. The project site is consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub -zone. The SD -84 zoning district allows for service and retail uses such as a restaurant. Further, the zoning allows for the sale of alcoholic beverages, and is consistent with the SD -84 zoning designation. Project Analysis Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. 31 D -4 Conditional Use Permit No. 2013 -45 October 28, 2013 Page 3 That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. Au Naturaw is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. The Type 41 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. • The proposed license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises in accordance with the standards of the State Department of Alcoholic Beverage Control. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full - service restaurant. The proposed use will serve to re- tenant a previously vacant space, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. 31 D -5 Conditional Use Permit No. 2013 -45 October 28, 2013 Page 4 • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will use less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The expansion of the restaurant and tenant improvements represents a significant capital investment in the building. The re- tenanting of a portion of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The Empire Market building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. Police Department Anaivsis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public, and other nuisance -type offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over - concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on -sale establishments, the Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 206 North Broadway has an above average number of reported crimes when compared to all crime reporting districts based on standards established under Business and Professional (B &P) Code Section 23958.4. 206 North Broadway is located in Reporting District No. 165. This district is above average in police- related incidents and ranks 3rd out of 102 citywide reporting districts. The proposed restaurant is also immediately adjacent to residential property, within 944 feet of church property, within 309 feet of a park, and within 646 feet of a school. This reporting district is 40 percent above the average reporting for all districts, which is above the 20 percent threshold established by the 31 D -6 Conditional Use Permit No. 2013 -45 October 28, 2013 Page 5 State for high crime. Conditions of approval are included as required by the SAMC that are adequate to address any concerns. Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association. Representatives from this Neighborhood Association were notified of this project. The project site was also posted with a notice advertising this public hearing, and a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2013 -90 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2013 -45 as conditioned. ,1^ Hally Sob6leske Associate Planner HS:mr h0AuNaturaw \cup13 -45Au Naturawe.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Photo of location Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 D -7 Sergio Klotz, AI F1. Principal Planner i R2 0 R2 In RI Pt fll 6 R1 xi R3- fl3- 0 p x ^° -�iv � _ noo xou R3- � m j SPd 5P3 xon m.1 C ], IN RI i Al PI nl ne R2 P R2 SP3 s 'D SP -3 JI SP 9 RI ni ni P p ni3 R2 L �1II 1 Al Rl SP-3 i JI m R1 0.1 P1 xl le P P P SP.3 SP -3 SP -3 +r -50.20 sow SD -20 OP nweemeu ox. `�`� 1 �{ Fp C4 cC �. GC GC L o ® ®C� �.nerN non a U, C3 C GC Z 1�1 (srv1 Al RI rI 51 P2 c nu. ee.n R nm l � m m P J sII R2 =I P PP sues So -ss I P r 4 -n a C3 J� .4 R2 P 0 � 0 C3 -A C -A SD -13 50 -2 '& J+ srci .o. F P1 P suio 1 5 1 Can A C3A 3 -A J b IrPROJECT 5 sl C2 u Cl 1 0 Pte-- 0 M D 4 5D +[ fl2 k i• fl2 R2 R2 72 Al CBPALAGRO.ILTURALT OR OOMMMALF 06NRAL RI ONGIEFAMILYFESD 4nAL -B HWNGMODIRCATCN GO 0CvIFNMWTCWrM W TAOMMILYI DEKKE ON ODMMErUALSOUTHMAIN Ml UWTINOUSIRAL m MULTIR DCWYMULTIRE Cl COMMUNITYOCMMBa7AL M2 HFAWINDUSRdAL FAMILYRESDENCE C7 -MD COMM. 03MMBd7AUMUSSIM DISMCT MO MILITAWOFEMTONS FA EU MR NAHIRIMBNTS C2 GENSALCOMMIFOAL 0 ORNSFACE R= RSDMALFEfATE 0 CBNTRIL"NE55 P FROFea'ONAL ED I3171RCDEUROWENT CbA CENTRAL EUSNRr ARRSMUACE POO PANN®CCMMUNI7YDBIROFMFM SP WMRCRAN 04 PLANNIMS1OPRNGCBdE3 Pfd) RANNED ✓ DWPALD&110FMHNT 05 AMERALOOMMMAL CUP 2013 -45 �, AU NATURAW �ii1i� 206 NORTH BROADWAY — = 600 F7£f 11, 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 EXHIBIT 1 VICINITY MAP 31 D -8 PARKING STRUCTURE 3RD STREET COMM. } D PARK G Prplect 0 2ND STREET MULTI- FAMILY MULTI - RESIDENCE F A M I L Y R E S I D E N C E COMMERCIAL 1ST STREET J wrZ w u ¢ ° COMMERCIAL � � v CUP 2013 -45 AU NATURAW p 206 NORTH BROADWAY,, 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 D -9 PHOTO OF 206 NORTH BROADWAY AU NATURAW RESTAURANT Exhibit 3 31 D -10 JOWO 11�1. /Jug&I" ell HM lost "al IN H H M 11 -OU 1 1 1 t as lid Ij ii 111 i Exhibit 4 31 D -11 4C CafN N4 ry' Ogg oZ ry AHMOVOMAS H18ON w Il a 14;`� mi �Y 2 0 3O1WO .000at ~ LL o Nrc� y 'y�'.KJIiJ. OG� ZOOO 5. O N m Li c o y O DNSEN_ r 4 O 0 � II N�ry N� Cj X111 fl+ N a m ~ LL o Nrc� y 'y�'.KJIiJ. OG� ZOOO 5. O N m Li c o y O DNSEN_ r a In u 1 f 0 ONIsnOH A3liv rl, L ❑C Exhibit 5 31 D -12 LU LL\\\ a — z O J° WJ y � A S n 0 4 O 0 � a In u 1 f 0 ONIsnOH A3liv rl, L ❑C Exhibit 5 31 D -12 LU LL\\\ a — z O J° WJ y � A S n 0 ROH — 10/21/13 RESOLUTION NO. 2013 -27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013 -45 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 206 NORTH BROADWAY, UNITS A AND 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. The applicant is requesting approval of Conditional Use Permit No. 2013- 45 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 206 North Broadway, Units A and B. B. Conditional Use Permit No. 2013 -45 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 28, 2013. C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to approve a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. The Type 41 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. Resolution No. 2013 -27 Page 1 of 8 31 D -13 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 license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises in accordance with the standards of the State Department of Alcoholic Beverage Control. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full- service restaurant. The proposed use will serve to re- tenant a previously vacant space, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine 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. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital Resolution No. 2013 -27 Page 2 of 8 31D-14 investment. The expansion of the restaurant and tenant improvements represents a significant capital investment in the building. The re- tenanting of a portion of this building with a full- service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The Empire Market building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2013 -90 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2013 -45 as conditioned in Exhibit "A" attached hereto and incorporated herein. 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 October 28, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28 day of October 2013 by the following vote: AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman Resolution No. 2013 -27 Page 3 of 8 31 D -15 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 28, 2013 . Date: Secretary of the Planning Commission City of Santa Ana 31 D -16 Resolution No. 2013 -27 Page 4 of 8 Conditions for Conditional Use Permit No. 2013 -45 Conditional Use Permit Nos. 2013 -45 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 California Building Standards 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. 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to the patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including the outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. Resolution No. 2013 -27 Page 5 of 8 31 D -17 Conditional Use Permit No. 2013 -45 October 28, 2013 Page 2 of 4 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. If located on public property those barriers must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC') Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 2013 -27 Page 6 of 8 31 D -18 October 28, 2013 Page 3 of 4 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Sections 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. 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. 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards be located in required landscape planters. Prior to issuance of Letter of Approval to the Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 21 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items: handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying the age /checking identification of patrons for purposes; warning patrons of reaching their drinking limit/potential Resolution No. 2013 -27 Page 7 of 8 31 D -19 Conditional Use Permit No. 2013 -45 October 28, 2013 Page 4 of 4 intoxication and refusing to serve; calling the police regarding observed or reported criminal activity and the management of queuing lines. 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where the outdoor dining is proposed as part of the business operation. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. Resolution No. 2013 -27 Page 8 of 8 31 D -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013 -42 TO ALLOW A DOG KENNEL AT 2110 SOUTH YALE STREET — BUFF DOG KENNEL, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _0•;• r ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013 -42 as conditioned. PLANNING COMMISSION ACTION On October 28, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -42 as conditioned by a vote of 7:0 to allow a dog kennel at 2110 South Yale Street located in the Light Industrial (M1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION This action will allow for the establishment of a new dog training and exercise facility. FISCAL IMPACT There is no fiscal impact associated with this action. Ja - 1. Trevino Executive Director Planning & Building Agency VF:rb vf\reporls \CUP \CUP13 -42 Buff Dog= Exhibit: A. Planning Commission Staff Report 31 E -1 31 E -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 28, 2013 TITLE: PUBLIC HEARING — FILED BY PAM SAPETTO FOR CONDITIONAL USE PERMIT NO. 2013-42 TO ALLOW A DOG KENNEL AT 2110 SOUTH YALE STREET Prepared by Vince Fregoso �^ Executive Director O s !. . . PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Y c%f. 1 Planning M ager Adopt a resolution approving Conditional Use Permit No. 2013 -42 as conditioned. Request of Applicant Pam Sapetto, representing Buff Dog Kennel, is requesting approval of a conditional use permit in order to allow a dog kennel at 2110 South Yale Street. Specifically, the applicant is requesting a conditional use permit per Section 41- 472.5(e) of the Santa Ana Municipal Code (SAMC) to allow a kennel for the temporary care and lodging of dogs and other domesticated household animals in the Light Industrial (M -1) zoning district. Project Location and Site Description The Buff Dog Kennel is proposing to locate on a 1.22 acre, rectangular shaped parcel of land located at 2110 South Yale Street. The parcel contains a single -story, 13,440 square foot industrial building that is currently vacant. A total of 28 parking spaces are located on the site. The project site is surrounded by industrial land uses to the north, south, east and west (Exhibits 1, 2 and 3). Project Description The Buff Dog Kennel is a dog training and exercise facility that is proposed to be located within an existing warehouse building. In order to accommodate the proposed use, minimal improvements are needed to the site. Interior improvements will be made to the restrooms to bring them into compliance with handicap access standards. Exterior improvements are limited to minor repair to Yale Street and new signage for the proposed use. Buff Dog will have approximately three trainers who will work with the dogs during exercise or training sessions, which last about 45 minutes each. Sessions will include obedience training, non- competitive agility /fly ball and fearful fido classes, with classes having up to eight dogs. It Is expected that most dogs will remain in the facility for up to two hours. The sessions are designed to either have the dog owners participate with their dog or drop -off and pick -up after class (Exhibits 4 and 5). Conditional Use Permit No. 2013 -42 October 28, 2013 Page 2 The facility will also include jogging rooms for dogs that have limited exercise facilities at home as well as a Puppy Clean Room that will be used to introduce puppies to other puppies for socialization and training. A Holding Room also will be established that will be used for dogs that need to be separated from the group during class sessions. The facility will be open from 7:00 a.m. to 9:00 p.m., seven days a week. Parking for the kennel is two spaces per 1,000 gross square feet of floor area. Based on this requirement, a total of 27 parking spaces are required while 28 have been provided. Proiect Background Buff Dog Kennel is a new concept established by the business owner, Michelle Howard, to keep dogs healthy. Her concept involves ensuring dogs stay healthy by providing a venue for teaching dogs and their owners new methods for staying active and getting regular exercise. The subject building was constructed in 1977. The building been occupied by a variety of wholesale, warehouse and manufacturing uses since it was completed. General Plan and Zoning Consistency The General Plan land use designation for the site is Industrial (IND). Industrial land use districts are those areas of the City which are primarily developed with manufacturing and industrial uses. Additionally, these districts allow non - industrial uses that provide support services to the industrial base or that are more compatible in an industrial setting. The project site is consistent with this General Plan land use designation. The parcel is located within the Light Industrial (M -1) zoning district. The M -1 zoning district allows kennels subject to a conditional use permit, making the proposed use consistent with the zoning designation. Proiect Analysis Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. 31 E -4 Conditional Use Permit No. 2013 -42 October 28, 2013 Page 3 That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed kennel meets all of the requirements specified in the Light Industrial (M -1) zoning district relating to the proposed use. The subject property is in compliance with the development standards for the M -1 zone, including setbacks, landscaping and parking. Additionally, appropriate conditions of approval have been included for this project that will ensure it remains in compliance with the provisions of the zoning district and does not become an attractive nuisance or disrupt the surrounding industrial uses found in the area. The proposed kennel at this location supports several General Plan Goals and Policies, including Land Use Element Goal 1, which promotes the balance of land uses to address basic community needs; Goal 2, which promotes land uses that enhance the economic viability of the City; and, Goal 3, which aims to allow uses that preserve and improve the character and Integrity of neighborhoods. This project will provide a use that will assist in diversifying the range of services available to residents of Santa Ana. The Buff Dog Kennel will provide a service that will contribute to the general well -being of the community. The proposed dog kennel will contribute to the well -being of the community by assisting in diversifying the range of services available to residents, especially those residing in the south and west sections of the City. Further, the proposed kennel is best suited within a larger building that is typically found in the City's industrial zoning districts. The proposed Buff Dog Kennel will not be detrimental to those working in the area as the kennel will operate within a completely enclosed building, thereby minimizing potential impacts such as noise on the surrounding tenants. Conditions of approval have been incorporated into the project approvals that will minimize impacts to the surrounding industrial properties. The expansion project will not adversely affect the economic viability of the area. The proposed dog kennel will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area as the use will reoccupy a vacant industrial building, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. The proposed project will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a kennel use. 31 E -5 Conditional Use Permit No. 2013 -42 October 28, 2013 Page 4 The proposed use will not adversely affect the General Plan. The Buff Dog Kennel is consistent with the General Plan's Land Use Element goals and policies. Goal 1 promotes a balance of land uses to address basic community needs, Goal 2 promotes land uses which enhance the City's economic and fiscal viability, and Goal 3 promotes development that preserves and improves the character and integrity of neighborhoods. Public Notification The project site is not located within the boundaries of a neighborhood association. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, by phone, written, or electronic, has been received from any members of the public. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2013 -69 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2013 -42 as conditioned. Vincent Fregoso, AI P Principal Planner VF:jm Areports \CUP\CUP13 -42 Buff Dog,102813.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 E -6 LILAC AVE. � wale t I IS1,° IML,Y p „you w R7 AI 1 R1 m city of u R1 RI jI ounmin R1 R �: •R1 Rlk�. `Z Velley Rl I Pt 9 5 cl Pt R2 "Cl VE I--. -+ + R2 Ct F O C7 R1 n a °L $ 0 R1 R1 RI S82� K / F z / O nl R1 fll na 1 �. z ” R7 RI `� —na R ° k � MI "' =" R1 0 Ri 2 a - RI i R1 MI Ml M1 9 21 a RI �w �� M cRt` MI ° RFt a R3 �..� R1P. Cw RI P 1 JIIG \ Ml R3 RI W. r / .t w5 RI ,wM m, Mivmx RI / R4 )L + + AVE. —_l r `NP�NER Al GINS LAGMWLTUPALt CR ODMMEWALRSDEdT RI SNMEFAMILVESPENTIAL -B P\RPNGMODIRCATION w GOVENMMMENTM m NAFAMILYRESDEM GSA OOMM6MLSOUTH MAIN M1 LIG1TINDUSIML RI MUIRREDEdSTYMULME GI COMMUNITYCOMMSUAL M2 HEAWINDUSMAL FAMILYFEDEtlCE GI-MO COMM. 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I N I ID U S TI R I IA L I N D U IS IT R I A L CUP 2013 -42 BUFF DOG KENNEL 2110 SOUTH YALE STREET 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 3E1Xg.ITg 5 ;_ �- y �c3c5 ®u=mw- -- f ,ml eupnu uepnlrvr >04i6 tllNYOiltbO'tlNtl bLNV4 ,unw.ay. it r�e� y �r�en,ev'1`diY'N. r rrrrie.nr,eoirnee 4 133Y1931tlA H1006 0441 e�n.i N�� � '":°.'vw u�`.uWw r ^ 1 111$ A101Otltl 3410Y3 %3 /ONINItlY11 R3NN3N 000 nuunnniiiiiieui " " "y 400 di0B 4 u a l; NOtl 0YVM0 O Adne HOIW NOI1bOOdd MSAS NVld bN01110N00 OOO ii00 0Nb M3N3Y Ntlltl 3118 1Ntl011ddtl aa3alxaevou�ausxuuuw W t IS 31VA '5 '1 D n s I I v o r � w � n � o a 'IN PE lip, ' Ito gag B,Cs d.a {vaR 3 I R II� 5 r ❑ r z 3 2 2 a a ai w ar o � � 2 ¢� • eaF � n 0o bt 15 y( E 9 a" s4�a §RP r °8 a I � Y U � ��9`•�p a8� 7 n 1' S � Exhibit 4 31 E-1 11 ��IIGOOVSiws��� _ _ nalniN e.Ie,eu .m.niouL �1 •— w.....,�. tO i3aldinudiitln'tlNtl tllNtlS "Wra°u>mO1iL�R. wm rn iBp 1d3N193I H1nOSN4K �d n raumru n�u•n� AlIl1Otl33SION3N3l ONINIV91113NNU O00 3 N unen �•ninn•.n O00 dine O3VMOH 03113HOIW A° 4, a r�........,.e�..,,.��. nod 0.0 dine !' f 1 Y }'$ NOHtl'Jnddtl 11We3d 3sn lVNO1119NOO 1NVOIlddtl 1�}11H9Btl 0113dtlSNIlYtlW aRVM3N3tl NVld311e qq E °$' eYyy EflY „oo z 9W � p L fit, p d � 1P d agy�j tl9 $ a AY 2 pp p2 i�Y99$ �B g} d2e�1$ Bj E i _____�.___N _" UO NN Le E tliYg 9Y E HLx a i a�6�mys $s $$gaab�aHe.3 � ❑ � I I oG 3 @§pp i.4 a.gr- dd $@ z 9E - 3a @A f�_ Qy }3 ya �9 y tl B j Q: 4 t $B S'�''16 •�4 � 431 t 3 ( p w d'46 • 451 Ytl �$ kp 6t� i Yq tlq Yq I t �D E { E IL as n o h SY3I 8! YYdI Z y CL 0 U' 3 tl= FY 3 Y }y m o i a Of lE e53 $ V N m yytY" ggf5 �t33 99$!1! J o � G f \ ( a z e k m Z U' LL II ®Z N 3 4( O sDh y Vf L = 2 Rm 3i k$ 0 LLI 2 i 3 � k o � � YExhibit 5 ROH - 10/28/13 RESOLUTION NO. 2013 -28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013 -42 AS CONDITIONED TO ALLOW A DOG KENNEL IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 2110 SOUTH YALE STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2013- 42 to allow a dog kennel in the Light Industrial (M1) zoning district for the property located at 2110 South Yale Street. B. Conditional Use Permit No. 2013 -42 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 28, 2013. C. Santa Ana Municipal Code Section 41- 472.5(e) allows kennels for the temporary care and lodging of dogs and other domesticated household animals in the M1 zoning district subject to the issuance of a conditional use perm it. D. Santa Ana Municipal Code Section 41- 638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The Buff Dog Kennel will provide a service that will contribute to the general well -being of the community. The proposed dog kennel will contribute to the well -being of the community by assisting in diversifying the range of services available to residents, especially those residing in the south and west sections of the City. Further, the proposed kennel is best suited within a larger building that is typically found in the City's industrial zoning districts. 2. That the proposed use will 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. 2013 -28 Page 1 of 4 31 E -12 The proposed Buff Dog Kennel will not be detrimental to those working in the area as the kennel will operate within a completely enclosed building, thereby minimizing potential impacts such as noise on the surrounding tenants. Conditions of approval have been incorporated into the project approvals that will minimize impacts to the surrounding industrial properties. 1 That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The expansion project will not adversely affect the economic viability of the area. The proposed dog kennel will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area as the use will reoccupy a vacant industrial building, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a kennel use. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. The Buff dog Kennel is consistent with the General Plan's Land Use Element goals and policies. Goal 1 promotes a balance of land uses to address basic community needs, Goal 2 promotes land uses which enhance the City's economic and fiscal viability, and Goal 3 promotes development that preserves and improves the character and integrity of neighborhoods. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2012 -73 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2013 -42, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a dog kennel in the M1 zoning district for the property located at 2110 South Yale Street. This decision is based upon the evidence submitted at the above said hearing, which Resolution No. 2013 -28 Page 2 of 4 31 E -13 includes, but is not limited to: the Request for Planning Commission Action dated October 28, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28TH day of October, 2013 by the following vote: AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -28 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 28, 2013. Date: Clerk of the Planning Commission City of Santa Ana 31E-14 Resolution No. 2013 -28 Page 3 of 4 EXHIBIT A Conditions for Conditional Use Permit No 2013 -42 Conditional Use Permit No. 2013 -42 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2013 -27 and the staff report exhibits. 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 variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. 4. The site occupant shall be responsible for maintaining the premises free from graffiti. All graffiti shall be removed within 24 hours. 5. In order to minimize impacts to adjacent tenants, all dog training shall be conducted within an enclosed building. 6. Prior to issuance of a building permit, a waste management plan shall be submitted to the Planning Division for review and approval. 7. Prior to issuance of a certificate of occupancy, the existing trash enclosure shall be rebuilt and constructed to City standards. Resolution No. 2013 -28 Page 4 of 4 31 E -15 31 E -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: PUBLIC HEARING — ORDINANCE SECOND READING FOR AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2007 -01, AND APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 2013 -04 AND SITE PLAN REVIEW NO. 2013 -03 FOR A NEW MULTI- FAMILY RESIDENTIAL DEVELOPMENT AT 1901 EAST FIRST STREET — LYON COMMUNITY DEVELOPMENT, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Place ordinance on second reading and adopt approving the first amendment to Development Agreement No. 2007 -01. 2. Adopt a resolution approving Vesting Tentative Tract Map No. 2013 -04 as conditioned. 3. Adopt a resolution approving Site Plan Review No. 2013 -03 as conditioned. PLANNING COMMISSION ACTION On August 26, 2013, the Planning Commission recommended that the City Council adopt a resolution approving the Addendum to the Final Environmental Impact Report No. 2006 -01 and approve the Mitigation Monitoring and Reporting Program; adopt an ordinance approving the first amendment to Development Agreement No. 2007 -01; adopt a resolution approving Vesting Tentative Tract Map No. 2013 -04 as conditioned; and adopt a resolution approving Site Plan Review No. 2013 -03 as conditioned by a vote of 7:0 for a new multi - family residential development at 1901 East First Street in the Arterial Commercial /Metro East Mixed Use (C5 /MEMU) zoning district. The Planning Commission made no changes to the terms of the agreement as outlined in the attached staff report (Exhibit A). DISCUSSION On October 21, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 6:0 (Reyna absent): ORDINANCE NO. NS -2850 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LYON HOUSING (FIRST STREET) XLVIII, LLC 75A -1 Ordinance Second Reading, VTTM No. 2013 -04 & SPR No. 2013 -03 November 18, 2013 Page 2 The Lyon Community project at 1901 East First Street will be a new 254 -unit multi - family residential project in a contemporary architectural style featuring a wide variety of unit types, an extensive amenity package, a retail component, and the provision of both private and publicly - accessible open space. Parking for the project will be provided within an existing parking structure. The project site is located within the Metro East Mixed Use Overlay Zone and was previously entitled as the First and Cabrillo Towers, for which environmental impacts reports were previously prepared. Additional environmental analysis was performed for the proposed project in the form of an addendum to the previously - certified EIRs. This addendum did not identify any additional environmental impacts. The requested actions would approve the addendum to the EIR, modify the existing development agreement to reflect the proposed project, approve a vesting tentative tract map that would allow for the potential for future condominium sales of the units, and approve the site plan for the project. Additionally, after the Planning Commission hearing, a condition of approval has been recommended by staff to be added to the entitlements that require the construction of a block wall and decorative wrought iron fence along the east property line of the site, in line with an agreement reached between property owners. Additionally, at the recommendation of the Council Ad Hoc Committee, and as agreed to by the applicant, the Council approved modifications to the development agreement to incorporate 10 affordable units into the project and to allow the addition of 10 more units to the project, resulting in a total of 264 units. VESTING TENTATIVE TRACT MAP NO. 2013 -04 AND SITE PLAN REVIEW NO. 2013 -03 On August 26, 2013, the Planning Commission recommended that the City Council adopt a resolution approving both Vesting Tentative Tract Map No. 2013 -04 and Site Plan Review No. 2013 -03. Although the project will initially be a rental project, approval of the vesting tentative tract map will allow the applicant the ability to sell the units in the future as economic conditions warrant. The site plan review approval is a determination that the project is consistent with the provisions of the Metro East Mixed Use (MEMU) Overlay Zoning Code. However, since changes needed to be made to the project to incorporate the 10 affordable housing units recommended by the Council Ad Hoc Committee, the Council was unable to act on these two applications at their October 21, 2013 Council meeting. The applicant has since revised the plans to reflect two significant changes: The incorporation of 10 affordable units into the project; and the addition of 10 more units into the development, resulting in a total unit count of 264. The attached plans reflect the changes made to the project per the City Council's approval of Amendment to Development Agreement No. 2007 -01 on October 21, 2013 (Exhibit B). 75A -2 Ordinance Second Reading, VTTM No. 2013 -04 & SPR No. 2013 -03 November 18, 2013 Page 3 HOUSING OPPORTUNITY ORDINANCE Although not originally subject to the Housing Opportunity Ordinance (HOO) the First Amendment to the Development Agreement included the requirement to comply with SAMC 41 -1900 et seq. In the case of this project, the applicant must provide 10 rental units meeting the affordability guidelines for Low income pursuant to the amendment to the project's Development Agreement. Prior to issuance of building permits, the applicant is required to submit both an Inclusionary Housing Plan and Inclusionary Housing Agreement to be approved ministerially detailing the manner in which the program will be administered. These documents are subject to the review and approval of the City Attorney's Office, the Planning Division and the Community Development Agency. The Inclusionary Housing Agreement will also be recorded against the property. In addition, a condition of approval will be placed on the Vesting Tentative Tract Map that states the Inclusionary Housing Plan and Inclusionary Housing Agreement shall comply with the procedures for establishing eligibility arid. applicant priority contained within the Housing Element as it may be adopted and amended by the City Council. At a minimum these eligibility criteria shall give priority to residents whose household income is on the lower end of the Low income range and residents who are residents of Santa Ana. The provisions of the Inclusionary Housing Plan must be fully implemented prior-to any issuance of Certificate of Occupancy. FISCAL IMPACT There is no fiscal impact associated with this action Ja M. Trevino Executive Director Planning and Building Agency VF:rb vfVeports�ADA07 -1 2od Read VTTM13 -4 SPR 2013 -03 1901 1 st Street.ml 11813 Exhibit: A. Planning Commission Staff Report B. Revised Project Plans 75A -3 75A -4 REQUEST FOR Manning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 26, 2013 TITLE: PUBLIC HEARING —AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2007-01, VESTING TENTATIVE TRACT MAP NO 2013 -04 AND SITE PLAN REVIEW NO. 2013 -03 FOR A NEW MULTI- FAMILY RESIDENTIAL DEVELOPMENT AT 1901 EAST FIRST STREET Prepared by Vince FrTgoS0 _ Executive Director Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED 0 As Recommended 0 As Amended 0 Set Public, Nearing For DENIED 0 Applicant's Rectuest 0 Staff Recommendation CONTINUED TO Planning Manger Adopt a resolution approving the Addendum to the Final Environmental Impact Report No. 2006 -01 and approve the Mitigation Monitoring and Reporting Program. Adopt an ordinance approving the first amendment to Development Agreement No. 2007 -01. Adapt a resolution approving Vesting Tentative Tract Map No. 2013 -04 as conditioned. 4. Adopt a resolution approving Site Plan Review No. 2013 -03 as conditioned. DISCUSSION Request of the Applicant Lyon Community Development is requesting approval to construct a new 254 -unit multi - family residential development at 1901 East First Street. Specifically, the applicant is requesting to amend provisions of the existing First and Cabrillo Towers development agreement, approval of a vesting tentative tract map, site plan review approval and approval of an addendum to the certified environmental impact report. Project Location and Site Description The subject property is a 5.18 -acre parcel of land that is located at the northeast corner of First Street and Cabrillo Park Drive. The site previously contained a two - story, 75,300s'quare foot building that was recently demolished to accommodate the proposed project. A four - level, 669 - space parking structure that served the previous development was preserved and will be integrated into the design of the proposed project. EXHIBIT A 75A -5 Amend DA No. 2007 -01, VTTM No. 2013.04 & SPR No. 2013 -03 August 26, 2013 Page 2 The project is located within the Metro East Mixed Use (MEMU) Overlay zone, which is comprised of the properties generally bounded by the Santa Ana (1 -5) Freeway on the west, Park Court Place and its prolongation to Tustin Avenue on the north, First Street on the south, and Tustin Avenue and the Costa Mesa Freeway (SR -55) on the east. The overlay zone comprises over 200 acres of land that is designated in the General Plan as District Center (DC) and is currently developed with commercial, office and several large vacant parcels along the western boundary of the overlay zone. Surrounding land uses include office development to the north, office and vacant land to the south and west, and office and office and commercial uses to the east (Exhibits 1, 2 and 3). Project Description The applicant proposes to construct a 254 -unit condominium development with 2,400 square feet of retail space on a partially vacant parcel of land. The units, which will consist of a combination of flats and townhomes, will be located within four separate buildings. The project will initially operate as an apartment complex, with units available for rent. However, a vesting tract map is proposed to be approved for the project that will allow the eventual sale of the units as condominiums as the for -sale market dictates. A total of 240 units (flats) will be provided within two five -story buildings. A total of 186 units will located with the five -story, U- shaped building that will be constructed along the west side of the preserved parking structure and extend toward Cabrillo Park Drive. Another 54 units are within the five -story freestanding building that will be located on the north end of the site. Due to the location of the existing parking structure, a different type of unit is proposed to wrap the south and east side of the structure. To address this unique design challenge, the applicant is intending to construct 14 townhome units within two separate buildings. These three -story units will have access to private two -car garages that will be located within the existing parking structure. The entire project will contain one, two and three bedroom units. The flats will range in size from 769 square feet for the smallest one bedroom unit to 1,721 square feet for a two bedroom unit. The townhome units range in size from 1,613 square feet for a one - bedroom unit to 1,990 square feet for a three - bedroom unit. Table 1 on the following page provides a breakdown of the units within the project. 75A -6 Amend DA No. 2007 -01, VTTM No. 2013 -04 & SPR No. 2013 -03 August 26, 2013 Page 3 Table 1 Lyon Condominium Project Summary Unit Type Units Proposed Percent of building Square Footage 1 -bed flat 115 42% 769 -969 1 -bed flat w /mezz. and /or den 8 7% 886 -1,161 2 -bed 105 35% 1,012 -1,675 2 -bed flatw /mezz. and /or den 12 10% 1,124 -1,721 2 -bed townhome 8 3% 1,613 -1,740 3 -bed townhome 6 3% 1,990 Total 254 100% n/a The architectural style proposed for this mid -rise project is contemporary. Building materials will primarily consist of painted plaster finishes with architectural pop outs at the upper level. Also, the building will provide vertical articulation and staggered rooflines in the form of mezzanines for upper floor units. These elements have been included to provide visual relief from First Street and Cabrillo Park Drive. The project proposes to provide a total of 559 parking spaces, while only 50B spaces are required. As a result, the proposed parking complies with the parking requirement for multi - family developments in the Metro East Mixed Use Overlay zoning district as parking is provided in excess of the two parking stalls per unit, or 508 spaces, requirement. Guest parking within the MEMU is inclusive of the two spaces per unit. Access to the project will be provided from an existing driveway on First Street and from a driveway on Cabrillo Park Drive. An extensive menu of project amenities is planned for the development. Exterior amenities include an enhanced public plaza that will be located on the west side of the site. Adjacent to this plaza area will be the 2,424 - square foot retail amenity, which will incorporate an exterior seating area into its design. Further, the applicant is proposing to enhance the public plaza through the installation of a public art piece. The outdoor area between the main five -story building will feature an open courtyard with decorative landscaping, hardscaping, seating areas and potential water element. A new recreation deck will be constructed on top of the south end of the parking structure that will contain a pool, seating areas, a barbeque, garden rooms, and a recreation room. The recreation room will contain facilities such as a fitness room and game area and may also incorporate space for a yoga room, screening room and clubroom (Exhibits 4, 5, 6 and 7). 75A -7 Amend DA No. 2007 -01, VTTM No, 2013 -04 & SPR No. 2013 -03 August 26, 2013 Page 4 Project Background The project site previously contained a 75,300 square foot, two -story building that was built in 1978 and was continuously used as an athletic club. In 2007, the City approved several entitlements (Amendment Application No. 2007 -01, Environmental Impact Report No. 2006 -01, General Plan Amendment No. 2007 -01, Zoning Ordinance Amendment No, 2007 -01, Tentative Tract Map No. 2007 -01 and Site Plan Review No. 2007 -01) for the Metro East Mixed Use Overlay Zone (MEMU), a 200 -acre area of the City that is generally located east of the Santa Ana (1 -5) Freeway. The MEMU introduced development forms and uses that provided for the creation of a high - intensity, mixed -use urban village within a previously established mid and high -rise office environment. The overlay zone established standards which would fulfill objectives to create an active, mixed -use urban village where it is possible to live, work, shop and play within a short walk of each other. Concurrently with the MEMU approval, the City also approved the First and Cabrillo Towers mixed -use development, a 22- story and 23 -story high -rise project with 374 condominium units and approximately 8,800 square feet of commercial space. However, due to a significant shift in housing market conditions beginning in late 2007, the high rise project was never constructed and the buildings on the site remained vacant. General Plan and Zoning Analysis The General Plan land use designation for the site is District Center (DC), which allows for major development sites such as multi - family residential developments. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major commercial and residential development activity. The proposed project is consistent with the General Plan land use designation. The zoning for the site is Metro East Mixed Use (MEMU) Overlay Zone in the Active Urban sub - zone. The property has an underlying zone of Arterial Commercial (C5), but these standards do not apply for this application as the applicant is seeking to develop pursuant to the MEMU development standards, in order to develop to the MEMU standards the applicant must receive approval of an overlay zone site plan (SAMC 41- 595.5). This begins the zoning conversion process. Upon issuance of the utility release or the certificate of occupancy for the completed building(s), whichever comes first, the overlay zone becomes the sole zone on the property and the underlying zone ceases to exist. When the First and Cabrillo Towers project was approved in 2007, the process to permanently convert the zoning began. However, because the project was never constructed, the final conversion of the underlying zoning did not take place. The project proposed by Lyon Community Development has been designed to the MEMU - Active Urban standards and is consistent with this zoning designation. Upon completion of the project the zoning will be permanently converted. 75A -8 Amend DA No. 2007.01, VTTM No. 2013 -04 & SPR No. 2013 -03 August 26, 2013 Page 5 Project Analysis Amendment to the Development Agreement In 2007, the City approved several entitlements, including a development agreement, for the First and Cabrillo Towers project. The development agreement established development intensity, permitted uses and development standards for the term of the agreement. Further, the approved development agreement required certain improvements and public benefits such as in -lieu fees for parkland dedication and payment of an inclusionary housing fee. Over the last few years, a significant shift in the local and national economy has occurred that severely impacted the real estate and development market. Evidence of the severe nature of the economic downturn in real estate development is conspicuous; of the 14 large projects that were submitted to the City for review in the past five to six years (Brookhollow Office project, City Place retail /residential project, Sky Loft Tower, Cordoba courtyard housing, First and Cabrillo condominiums, Montage condominiums, Nexus Skyline Towers, Nexus Phase II, One Broadway Plaza office tower, Promenade Pointe condominiums, Sixth and Parkcenter development, Town and Country Manor, Village Green and the West End Lofts), only the City Place, Montage (now The Marke) and Skyline Towers projects have begun or completed construction. These same trends were evident in communities throughout the country. Due to the shift in the housing market, the previous developer was unable to proceed with its entitled high -rise residential development. In response, Lyon Community Development purchased the site with the intent to commence construction on the proposed lower -scale development. The amendments to Development Agreement No. 2007 -01 are minor changes that recognize Lyon as the developer for the project. Further, the amendments reflect the new scope of the project, such as a decrease in size and intensity of the project and the extension of the agreement for another 10 years. Additionally, Lyon is proposing to add a new provision to the agreement that requires a minimum of $125,000 be spent on public art for the project. This provision is similar to other developments in the City, including The Marke, which is currently under construction by Lyon. All other elements of the development agreement will remain, with Lyon committed to developing the project as proposed, with all finishes and amenities for the project to be of the highest quality (Exhibit 8). Lyon is also committed to the eventual sale of units within the project and will also be involved in the sale, rental and managing of the units. Their intention is to rent the units in the near -term, but construct the project in a way as to allow them to be sold as condominiums when economic conditions warrant. Vestinq Tentative Tract Map Vesting tentative tract map requests are governed by Section 34 -119 through 34 -318 of the SAMC. Vesting tentative tract map requests may be granted when it can be shown that the following can be established: 75A -9 DA No. 2007 -01, VTTM No. 2013 -04 & SPR No. 2013 -03 August 26, 2013 Page 6 • 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 project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The project site is physically suitable for the type and density of the proposed project. • The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design or improvements of the proposed project will not cause serious public health problems. • 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. If these findings can be made, then it is appropriate to grant the vesting tentative tract map. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. Although the applicant is initially intending to market the project as a rental project, the long term goal of the applicant is to make the units available for -sale, which requires approval of a tentative map for condominium purposes. Based on a review of the tentative map by the Planning Division and Public Works Agency, the project has been designed to be in compliance with the applicable development standards found in Chapters 34 (Subdivision) and 41 (Zoning) of the Santa Ana Municipal Code as well as the provisions of the Metro East Mixed Use overlay zoning document (Exhibit 9). Further, approval of the map will be consistent with the goals and policies identified in the City's General Plan. f The proposed subdivision, Vesting Tentative Tract Map No. 2013 -04, will be consistent with the proposed District Center land use designation and density prescribed and all other elements of the General Plan. Policy No. 1.3 of the General Plan Land Use Element encourages high - density residential development within the City's District Centers. Further, Policy No. 1.4 promotes the maintenance and fostering of a variety of residential land uses in the City. • The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act Provisions. Tentative Tract Map No. 2013 -04 is in keeping with the site plan review for the project as well as 75A -10 DA No. 2007.01, VTTM No. 2013 -04 & SPR No. 2013 -03 August 26, 2013 Page 7 Chapters 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. • The proposed site consists of approximately five acres of land within the Metro East Mixed Use Overlay Zone, which is physically suitable for the residential development as proposed. Access to the site will occur on First Street and Cabrillo Park Drive. There are no physical constraints on the site to preclude development, • An Environmental Impact Report (EIR), as well as an addendum to the certified EIR, was prepared pursuant to the California Environment Quality Act for the project. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. • The proposed subdivision will not have any detrimental effects upon the general public. The short -term and long -term unavoidable adverse impacts identified in Environmental Impact Report No. 2006 -01, and affirmed by the recently completed addendum to the EIR, as it pertains to air quality and traffic, were addressed by the adoption of a statement of Overriding Considerations by the City Council, Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2006 -01. • There is no easement for public access currently existing on this property. Therefore, the proposed project will not conflict with easements necessary for public access through or use of the property. However, the applicant will be granting an easement for pedestrian purposes over the northern portion of the site, which will allow public access throughout the Metro East area. Site Plan Review The applicant is requesting site plan approval for the project. Pursuant to Section 2 of the Metro East Mixed Use Overlay Zone document, the Planning Commission is required to review and approve all plans for development within the Metro East area to ensure the project is in conformity with the MEMU Overlay Zone standards. The review ensures that the buildings, structures and grounds are in keeping with the neighborhood and will not be detrimental to the development of the MEMU area. The Metro East Mixed -Use Overlay Zone (MEMU) design and development standards are intended to create a unique urban environment by allowing for the introduction of well - designed mixed -use projects into the existing primarily office environment. The standards provide great 75A -11 DA No. 2007 -01, VFTM No. 2013 -04 & SPR No. 2013 -03 August 26, 2013 Page 8 detail regarding architectural design and have a substantial open space requirement in acknowledgement of the fact that the area does not contain the types of open spaces one would find in a typical residential area. The following analysis will provide a summary of the project's compliance with the MEMU standards. MEMU Section 4.0 Development Standards Analysis min, aevelopment site area 'i.o acres o.ib acres Permitted street Fore Court Shop Front level bldg. Shop Front Gallery frontages Gallery Units on the east of the site have the Arcade Stoop frontage type, but do not face a Publicly accessible 115% of total lot area — sq. n. per unit— Building setbacks Front — 0 to 20 ft Side — 0 to 10 ft. Rear — 0 to 20 ft. rking 12 spaces per unit — 508 sq. 0 Dr. varies from 10' to 20' 9 ". Side /Rear — North fire lane varies from 24' 3" to 36' 2" East fire lane varies from 33' to 37' 10 ". 559 spaces — excess of 51 spaces In all cases the proposed project meets or exceeds the MEMU minimum standards. The ground level in particular uses several creative approaches to engage the street by incorporating a 2 -story volume, 2,474 square foot retail space at the southwest corner of the site that fronts onto the public open space. This passive publicly - accessible park measures 33,881 square feet in size, over 3/ of an acre, and fronts onto Cabrillo Park Drive. It features a variety of amenities, such as seating areas and a large lawn, which will allow people who reside in the project or work in the area to gather and enjoy this substantial space. This publicly - accessible open space is provided in addition to the private open space within the project itself. The unit mix in the project is also innovative. There are live /work units at the ground floor along First Street and along the East Fire Lane. In order to create variability at the roofline, mezzanine units were included at the upper levels. The existing parking structure created a design challenge 75A -12 DA No. 2007 -01, VTTM No. 2013 -04 & SPR No. 2013 -03 August 26, 2013 Page 9 that was overcome by the placement of units to screen the structure. The units screening the structure along First Street have a Shopfront look, consistent with their live /work use, and a townhouse configuration. The units along the East Fire Lane are also townhouses, rather than stacked flats, and the fire lane has been designed as a small street with sidewalks and street trees. Some of these units have private garages. The overall unit mix has a wide variety of floor plans and sizes, which allow for enhanced architectural articulation on all of the building elevations. The project was also extensively reviewed by the City's urban design consultant, John Kaliski. Mr. Kaliski's analysis focused on the MEMU Section 5 — Design Principles. The following table will provide a summary of the project's compliance with these design principles. MEMU Section 5.0 Design Principles Design Principle Proposed Project 5.1 Integrated design The use of a consistent style of contemporary architecture throughout the project site provides for an integrated design. 5.2 Architectural quality The project features high quality materials and finishes. 5.3 Architectural variety The project includes varied massing and heights, as well as the project containing separate buildings. The project was peer reviewed by a second architectural firm and design workshops were conducted with City staff and the Planning Commission in the early phase of design. 5.4 Massing The building planes were provided with breaks and the building incorporates a variety of massing and forms to introduce variety at the ground plane and skyline. 5.5 Facades Street facing facades include a variety of frontage types and details, the building facades are articulated through the use of varying window types, colors, and architectural pr o'actions. 5.6 Ground floor uses Ground floor uses are oriented towards street - facing pedestrian accessibility. 5.7 Community connections The project is designed with a high degree of pedestrian accessibility. 5.9 Parkin Parking is completely screened from public view. 5.10 Energy conservation — shade and The project was analyzed for solar access and it shadow com lies with this guideline. 5.11 Residential unit size The average unit size of the project is 1,036 sq. ft. with unit sizes weighted more heavily towards larger sized units. 75A -13 DA No. 2007 -01, VTTM No. 2013 -04 & SPR No. 2013 -03 August 26, 2013 Page 10 Following this analysis staff finds that the project is in compliance with both the standards and the spirit of the Metro East Mixed Use Overlay Zone. Public Notification The project site is not located within a neighborhood association. As required by the recently adopted Sunshine Ordinance, the applicant held a neighborhood meeting on May 28, 2013 at St. Jeanne de Lestonnac School, which is located south of the subject site. At that meeting, a total of six members from the public attended the meeting. At the conclusion of the meeting, one member from the public expressed concerns regarding the project. Staff has since met with this individual and other concerned persons on several occasions to discuss the project and review the plans (Exhibit 10). The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, the recommended actions have been reviewed through an Addendum to the previously certified Environmental Impact Report 2006 -01. CEQA guidelines (California Code of Regulations 15000, et seq.) authorizes the use of an addendum for the purpose of making minor or technical changes, as long as these changes do not rise to the level of requiring a subsequent or supplemental EIR pursuant to CEQA Guidelines 15162. The originally certified Environmental Impact Report was analyzed in light of the revised site plan and it was determined that there are no new significant impacts resulting from the changed plan. Several mitigation measures that required modification and /or further clarification have been added to the conditions of approval for this project. Additionally, a new traffic study was performed to analyze the potential changes in traffic circulation as a result in the change to traffic patterns over the past few years. The result of the traffic analysis concluded that the residential use at this site will result in 67 fewer trips in the morning peak hour, 77 fewer trips in the afternoon peak hour and 894 less trips on a daily basis. According to the revised traffic study, the proposed project will not exceed, either individually or cumulatively, a level of service standard established by the County congestion management agency for designated roads or highways. Therefore, no additional review or mitigation measures related to traffic are needed. 75A -14 DA No. 2007 -01, VTTM No. 2013 -04 & SPR No. 2013 -03 August 26, 2013 Page 11 The determination that there are no new significant impacts or any increases in the severity of the impacts previously identified in the original Environmental Impact Report mean that in accordance with CEQA 15164, the Addendum to the previously certified First and Cabrillo Towers project EIR and Mitigation Monitoring and Reporting Program is the appropriate document for the actions proposed (Exhibits 11 and 12). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve the Addendum to Environmental Impact Report No. 2006 -01, the first amendment to Development Agreement No. 2007 -01, Vesting Tentative Tract Map No. 2013.04 as conditioned and Site Plan Review No. 2013 -03 as conditioned. r Vince Fregoso, ICP Principal Plann r- VF:jm v1Vepod$WA07 -1 & vrrM13.4 1001 1st 61ree1.082613.pe Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 -- Floor Plans Exhibit 6 — Building Elevations Exhibit 7 — Landscape Plan Exhibit 6 — Amendment to the Development Agreement Exhibit 9 — Vesting Tentative Tract Map Exhibit 10 — Community Meeting Minutes Exhibit 11 — Addendum to the El Exhibit 12— Mitigation Monitoring & Reporting Program 75A -15 1 Pt RI I[_]ift4R{01 I[_slj _ P II1pL�S9g\ RI Rl R4 II Is L_ AI aRl - RI I Z 93 R3 All nt- Sp R4 -21 RI R1 � � O P LL Ri RI r ■fli r r w�{F _ r� f RI P I 4 4ir 5 R7 RI RI 5 P O 9 p p C2 P p P .p a p I I o P � R2 r @* P P Pz § P2 g nRZ qz D 1 MI 50 54 P Pz ,.H2 C2 C$aq C5 tC5 Ci es R2 72 a C2 C2 ST ST. 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I I a I I 0.t8 RI q R4 it 1 c I t r c F u T u l i n Al GENEMLAGRICULTUMLF CA COWEROAL RESIDENTIAL RI SINGLE FAMILY RESIDENCE .0 PAMANGMODIEICATION GC CAVFPNMFMCENTER M TWO-FAMILY RESIDENCE C -SM COMMEROALSOUTAMAIN MI MNTI14131.15TRIAL PR MULIIPLE+AMILY RESIDENCE CT COMMUNRYCOM URCNL w HEAYYINDUSTRNL RA SUBURBAN APARTIAEHTS CI-MD COMM.COAIMERCIAL- MUSEUM DISTRICT MO MdHTARYOPEMTIOM RE RESIDENTIAL ESTATE C2 GENEMLCOMMEACML 0 OPENSPACC SO SPEWICUVELOMW C3 CENIAALBUSINESS P PROFESSIONAL SP SPEOFKPLAN C3.A CENTML BUSINESS ARTSP MULE PCD PLANNED COMMUNITY DEVELOPMENT C4 MANNED SHOPPING CENTER PRO PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIALCOMPML AMEND DA 07- 1,VTTM 13 -41 SPR 13 -3 LYON COMMUNITIES 1901 EAST FIRST STREET - - = SOOFEET 1 "= 1000 FELT 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 EXHIBIT 1 75A -16 CIF, AMEND DA 07 -1, VTTM 13 -4, SPR 13 -3 LYON COMMUNITIES 1901 EAST FIRST STREET 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 75A -17 AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2007 -01, VESTING TENTATIVE TRACT MAP NO, 2013 -4 AND SITE PLAN REVIEW NO. 2013 -03 LYON COMMUNITIES SITE PHOTO 1901 EAST FIRST STREET EXHIBIT 3 75A -18 pd In y 1 �� { MSS. 9 ��a ��� a' � .._ _ � $� ��- 7-4 kk �� �� s�g K IgS I � / t �! � _.I SI II ( �\� � �� �Y E �`> i➢r}rj r� irry��t INN 7w f N III 13jus ism PA 1.17fv B Me .4 7 I i ry�ll j y e 5 fill till R 4� 4 iJ IM11 !III E n.maaa0 g ii II I 4 I I t 1 I Wl ( y '�u� "R �j���� Via,. 1111177 `. 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I G |u \ � \ \ j / AR ►� 9 \ )} NI IN I § ) \k; § § \ ({ to . _ o®r,3,;BA i R rfi f a 8 1- WEJ w S U W �q �a i U W Ck a3 .Pill /p§ »G m/ law NN MOM ` \ \F-H„ �§ .■ ell as \ ! !! \ | 4 ƒ �! }t �\ \ ! ƒ k / \,, >, jig Ts \ G§ 6Q b# 2 §R§ \ » /, § ® )• �\ \� � \/$ !' \ EXHIBIT vi e »,. / � .. �� �\ � � 2 I =.' § �\ ` !L3' !/i ] _ �\ \� R \§ G ® !� � &) of j / §| kk | §§g m$§ mm! $m! %.& mm! mee 11111 If § ( §� § / §� g wg V gg 7 SA f46 ,Y �7 ep� I 4T0 4 t n n`� lY e O © O 7 SA f46 ;1i oa g. p!lil��h�iil�l �aBB gg ' il�k � 9�a S IE� � 111 � S3'SS5p8 �acgg y9y � ¢ a ' i6iaiiia!1 W� i aslasaea 91RT�P i V. � I I r � dog - a�a:a,, I •II 1., . it I a� {h J 4 ' I �� ' O Page 6 of 11 75A -47 � 8a�r9Ka o � Ole R�4�ii�l�l��: 5 lsaeaea�$& 7 O Y O O tt' I I a N O Y O O 9 K' I Nil , s , _JIM \ ( #m)f | ,mmNHIM 1991mmIIH § ...................... 7 2 j )| ' IBM IN R a 9 & Y d11 Idil � min ®. 1 � a tl II!Ii � aciccaea Il aP j Page g of 11 75A -50 8yyg�g 98 _ eFlOW r �kfi��K o IN III II W.,..., i asnaa na NMI U a N 6 6 2 a i 0 0 a, Q n U a 0 0 y I Q as of 2 !Ll' § \ } \ § W G�r oi !� f o g i' l !iP!lilji 9.10 as MR g s RA MR a m ban as 9 8 e z a i 3NVISS333tl 3NId o9 I � I' 47a wu.vua.ou — nl i oF4 � I I � •I wsI O � .I• a �F 1331JIS 1SMH kW53 7 Page 1 of 3 Oil ` \, \ ` I I !o` / , |` |k+ g0n0c» \jj .\, ) ƒL §� J e �! U m, fill{ �!\| i z R <i§ z° €��a� aA1 91111 yli') y 2S` g�k ARRif4 N a V g. I P 9 i�i�l�l��; 3 y...�.. S AWN �c y LL i easas g�"iF 1 �4 gg Eg §� allpr 00"'! j a s� — ���t AMP, ' 1 r 1:1 • t L a 2 r 1:1 • t L a 2 " Y.�s 0 w I 9: t L 9 aaaa ; ;jaaalaaa aka i liallal9ialJia ��! t ! t " Y.�s 0 w RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M -30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE S 6103 F1i351 AMENDED ANA._ ST D DEVELOPMENT AGREEMENT THE CITY OF SANTA ANA -19(11 - 3 -STLYON HOLJSING_1FIL S�C STREET -PAWTN jAL,}LIII., LLC; Y r Dated. Marsh4Q , 24072013 gay ac�e�a x�ss�assaz��s EXHIBIT 8 -- - -- 75A -56 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HOUSING (FIRST STREET- PARTtd S)- A.y.Ll1, LLCP This FJR..ST,AM D AND RESTATED DEVELOPMENT AGREEMENT ("Agreen1e4*) is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ( "City ") and 49i1 F..- 1 -TLYON HOUSING {FIRST STREET - PAR -T ERSL L Y ll, LLC; a Delaware limited liability company ( °Owner " -ar `�pe"wney-) The tty and Owner reement as the "Panties a afly a "Party." RECITALS. The First Atnonded and Res t oL2P__nte _ Agreement is entered into with reference to the following facts, III (1 -y, -The real property located at 1901 'Lst Street in the- Qty-of -Santa Ana, a 518The Pro rerty 51 acre parcel of-- land -wiffi - tile Kalr..a_E t Mixed Use Overlay Zone that is located at the northeast comer of First Street and Cabrillo Park Drivex r�roxe ryaxEict +lady etescrit�ecl i+r section LzS r>f ., i ca) € r3907I1GZ611 \12379 1 55 1itIS32.v2,i ..t _ 75A -57 RM rm W-1 te) 101 12 �� 1.3 PurDOSe qf tbla F*ya A endo R stated DeveIg"M j , JM_ _4—_a � pt LAI rA-,Mmm � k21-The—Owner proposes to develop on the Property (defined-In 6590206709M2V911 5MOORQtL -2- 75A-58 and a 23 t/.3 -story tower -onT Rlaq the south ped4on -of4ha -site; tetat-o #- 3�t- sondorninitr�t+ nits -- The -Nor#b �" ewer -wiit rpntain- a- n�extrnarta ef- 'tf3� -#or- sale units;. and -ttja So�att� ewer- wii(- sentain- a-naax+rrturn -el:- -49-1• for- s�aie- units:-- {n- oddltisn� a- kotai- ef- S,$ElQ- sgaace- #eat- of- carnnrarciai epase- swill- ba- pro+tidad-- #er- fhe- prejaetr wit #�-- 4;�i99- sc}uare-- €aet -to--be 1A -1:2 -Code Authorization. City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into Development Agreements with persons having legal or equitable interests in real property for the purpose of establishing -i_ va o a r_tt certainty for both the City and Owner in the development process. City enters into thethis irk ended and Res-W eveloettteA Agreement pursuant to the provisions of the Government Code and applicable City policies. The parties s- acknowledge: ( This E-lr.% jAw eg�ded anc ato lr __p Yma�t Agreement is intended to assure adequate public facilities at the time of development. (2) -This r t e-rWed and Restated Developm n-t Agreement is intended to assure development in accordance with City's General Plan, applicable Specific Plans and the Metro East Mixed -Use Overlay Zone. Jtc {3} -This Pis _ rrAgi and Restate}_cf._Qeve x1t Agreement will permit achievement of goals and objectives as reflected in the City's General Plan, all applicable Specific Plans and the Metro East Mixed -Use Overlay Zone, (4- )-- -Owner is required by existing City regulations to provide mitigation for certain identified impacts and pay certain regulatory fees as conditions of approvals through the regulatory process. (4)-This FirskAer dtand Restated t�e� - -- e - -- Agreement will allow City to realize extraordinary and significant public 65902067,61914237491554ARSJU25. _3_ 75A -59 00 IN infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (6) -Many of the extraordinary and significant benefits identified as consideration to City for entering into this Eirat Anign.Si gestated Gev_e1QPment Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. -1-4- Owner. Owner represents and warrants that it has a legal or equitable ¢as- t#iat- averd -is-de #fined -in- section- 2�s�this- Agreet�r:_ro ert - Interest of Owner. Owner hereby- represents that it has an-equitable and - legal- interest-- in- the-Propedy— Gwne�#urther- hereby- mpresents- that- it-has approved this irst_A rrirended and Res Agreement and is authorized to enter into this First Amended and-Resbled _eve_Rment Agreement. 4:6- Planning Comm! ssion— GourrclI- ftMngs. On #=ebruagf -26 -and Marsh-42_, 204=209 , the Planning Commission- ef- th"ity ¢ Rlarning€+rsrsslen }, after giving notice pursuant to Government Code Sections 65090 and 66091, held a public hearing to consider the Owner's application for this Agreement,.—The Plann eg -Cemm lien resorr*naender# - - -te— the— Clty— Ccauneii— rid- Gity-- itrat —ik-- execute —tkrls 639G2�i2h1'2W -W. 413544RBA i _Q- 75A -60 Its'] U. q_1ttCOyLri , On Marsha-9_, 20072M, the City Council -of Eiar3 Git of -<7r- rte- /�raa -( Ceuecil "}, after providing notice as required by law, held a public hearing to consider tile- Owner's application for this EiCt1�.m�Qnded and Restated Deul�tzMnt Agreement= 191. Council Findings. The CM Council finds that this EbA Jed and ReatateiLgne_.In Agreement is consistent with the General Plan, applicable citislan{s} as welt —as o_lfi�� j ARRAR al�to Zo17i tea rag� and all other applicable ordinances, plans, policies and regulations of the City. 12 4,7—City Ordinance. On April —�, 2W20_23, the M Council adopted Ordinance No. NS474t approving this first Amended atrd_f gate eveloament Agreement. Thelhg ordinance becomes effective thirty (30) days thereafierafter the date of ado. _.tp ion. 2. DEFINITIONS. In thetbl*-- Agreement, unless the context M 2 �" "Applicable Rules" means all rules, regulations, ordinances and official plans and policies of the City in force as of the Effective Date as included within the Santa Ana Municipal Code ( "SAMC "), the Metro East Mixed - Use Overlay Zone, this I i� rtt.an.tted anel Restated e}�_vtop m : � Agreement and the Entitlements, as defined below. 3 "Effective Date" means May 2, 2007, the date upon which the ordinance approving this e t tm�at Agreement hesamesbpcarm effective. _Z4 "Entitlements" means Environmental Review No. 2006 -01. the d_ ", General Plan Amendment No, 2007 -01, Amendmnt— Application --No, 2407 -9-4TM Tentative Tract Map No. 200 - 722 -01— (Ceuta -Ma"o- 17969)4, Zoning Ordinance Amendment No. 2007 -01, the Metro East Overlay Zone Public Realm Improvement Plan artd} Site Plan Review AnnroyA No. 2047 -20 f 3- 65902QG7AD\4239413 1ABB32Q..5 75A -61 M M M M M a ^_De�awar_e AMI—Pru- up ast of "Property" means the ieal_pro pad y lescrihcrl_in LxhihitAi mc ir_efe_rracl..ta in hxlrit�it f3, III "Public Art" is defined in Section 1-1..7., 1.12 "Public Art --e-e is defined in Sedtt_o AZ =3 . "Public Art Plan" is set forth in E�trilaii C First Amended and 2A4 "Reserved Powers" means the rights and authority excepted from this Eir t AmendosLand Restated Developmen : Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the power to enact and implement rules, regulations, ordinances and policies after the Effective Date that are not in conflict with the Applicable Rules or that may be in conflict with the Applicable Rules, but: (a) prevent or remedy conditions which the City has found to be injurious or detrimental to the public health and /or safety; (b) are Uniform Codes; (c) are required to comply with mandates under state and federal laws, rules and regulations (whether enacted previous or subsequent to the Effective Date) or to comply with a court order or judgment of a state or federal court; or (d) relate to increases in development impact fees occurring after the Effective Date. �jur azaawa�aiaa�aus _6_ 75A -62 " e{zerty —is Nae roeJ prawatf y rlu�srlt�cacl h4- E- Mibft-A -arid rehgrFed to- h- r&d)ibi €-B.- z � "Uniform Codes" means those building, electrical, mechanical, fire and other similar regulations of--a— city - wide -- scope- -which are based on recommendations of a multi- state professional organization and become applicable throughout the City, such as, but not limited to, the California Building Code, the California Electrical Code, the California Mechanical Code, or the California Fire Code (including those amendments to the promulgated Uniform Codes which reflect local modification to implement the published recommendations of the multi -state organization and which are applicable City -wide) " "Utility Release" means the formal approval of the City Building Department, following its inspection, that residential unit(s) may be released for initial connection to the electrical power system, water service system, gas service system, and sanitary sewer system. Utility Release(s) do not include temporary utility service provided to any structure during construction. 3. EXHIBITS. The following documents referred to in thethis First Amended and Rest ge=d_DqveIqRWqrtt Agreement are attached to this l=lrjt Amended Reg ed Development Agreement and are identified as follows: Exhibit Designation Description Referred to in Section A Property Legal Description B Property Graphical Description {site- Flan) 4ry311 Op Additlenal- Offsite Mitigation- ( 59NOLIH9 423741S5.4488JAv25_ -7- 75A -63 4. GENERAL PROVISIONS. M m M.-I x 4.2 Assignment. Owner shall have the right to transfer or assign the Property, in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or corporation at any time during the term of this F__ixst..Ani.ended and Restated Dovegig.p lent Agreement; provided, however, the rights of Owner under this First Amended arid..ResWW Pavelanment Agreement may not be transferred or assigned unless the written consent of the Council is first obtained and any transfer or assignment of the rights under this First Ame _ wand —Rsstated Develanm -at Agreement shall include in writing the assumption of the duties, obligations, and liabilities arising from this Ejm .Amended and Restated Develonmen Agreement if the City grants written consent to transfer the rights. Nor shall the rights of the Owner hereunder be subject to assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act, and any such assignment or transfer of the rights under this Etrst�A oc p __- and- ..Restatr-cL l .nor_►.t Agreement shall be wholly void and of no force and effect unless such written consent thereto be obtained from the Council. A transfer or assignment of the rights tinder this First Amended and Restated DQY-QLQ Agreement without the consent of the City shall not relieve Owner of any accrued duty, obligation or liability to City. No consent shall be required for sale of units to condominium unit buyers. During the term of this Eirst Amended anti Re4atett_Deve a Agreement, any approved assignee or transferee of the rights under this First Amended and Rertated.._Lsvelonment Agreement shall observe and perform all of the duties and obligations of Owner contained in this First Amended and Restated Deyetar pmont Agreement as such duties and obligations pertain to the portion of the Property transferred or assigned. Any and all approved successors and assignees of Owner shall O.W(4006.0\423701454.,18832Y25. _8_ 75A -64 have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Ejrst Amended arLd._ tL�eyelopsnent Agreement. if the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for development by them in accordance with the provisions of this Eifsk Amen d and_Rs #iDVelopment Agreement. Upon assignment or transfer of the rights of Owner under this First Amended and Rostated Dev o M Agreement, the obligations of Owner and the transferee or assignee shall be joint and several. Individual ho th P[gigR be condominium unit buyers shall not have any liability or obligation pursuant to thatthl._Eirst Amen j3statr d_..fv tt Agreement. 4,3 Amendment or Cancellation of Firs# Amended and Rastated pgy "pmont Agreement. This First Amended and Restate -d Dire plopme 7 Agreement may be amended from time to time or cancelled by the mutual consent of the parflas s, but only in the same- manner as-its deptien -byan Fdfnance --as- set- forth+nC_gqMkk y Government Code Section 65868. The—term As used withir_]_th_s_Ftrst Amended and "DevelepmaRfT W, Agreement" armed— herein- -shall include any amendment properly approved and- executed. 4,4 Enforcement. Notwithstanding Government Code Section 65865.4, this First Ampnded_�.estated___# Agreement is enforceable by arty party 10 -tbe Afire me0al her-P-a-rW in any manner provided by law. The remedies provided in Section 7.4 of- this - Agreement -shall not include, and City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this vEj.r- t_.Am- ende..d._ lid Restated peveloptna[nt Agreement. 4.5 k{eid– Harmlassslndemnification by Owner. Owner agrees to and shall indemnify, defend (through its own counsel) and hold City, its officers, agents, employees, consultants, and representatives harmless from liability for damages, attorneys' fees, restitution, judicial or (to the extent legally possible) equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from construction activities with respect to the Project by the Owner or their contractors, subcontractors, agents, employees, or other persons acting on their behalf. Owner further agrees to indemnify, defend (through its own counsel) and hold City, its officers, agents, employees, consultants, and representatives harmless from any Litigation, as hereinafter defined. For purposes of this paragraph, "Litigation" shall mean shalhmean_any us�azt�4aav +ss�asarzva _9_ 75A -65 lawsuit, action or cross- action, challenging the validity of this transaction, the Project as defined in Section 24,2, or any portion thereof or the rights of either party hereunder and /or the rights of either party to engage in the acts and transactions contemplated by this First Amended and Rest to Q2yaWaDM Agreement. Notwithstanding any other provision of this Eimt_Amqndq.dAwdJ1e_ sfaked Develo r e Agreement, this indemnity and duty to defend shall be limited as follows: U (I)-Owner shall have no responsibility to defend the City under this section for any aspect of Litigation challenging Amendment Application 2007 -01, General Plan Amendment No. 2007 -01, and /or Zoning Ordinance Amendment No. 2007 -01 (the "Overlay "), (2) -In the event the Litigation results in a judgment and /or award of damages and /or attorneys'_ fees related to the Overlay but in no way related to the application of the Overlay to the Property, Owner shall have no responsibility to indemnify the City therefor. (3)—In the event of any Litigation the parties hereb"gree to affirmatively cooperate in defending said action. L(U (4) -Owner shall have approval of any settlement if, (i) it will affect Owner's project, or (ii) Owner will be required to pay (or reimburse) any amounts (regardless of type) in connection with the settlement (including attorneys' fees and serf s). (i) If City determines to settle over Owner's objections, then Owner may upon thirty (30) days written notice terminate defense of the action. (11) If City rejects a settlement offer that Owner deems reasonable, then Owner may upon thirty (30) days written notice terminate defense of the action. (_Q ("a)-Owner shall be allowed to terminate its defense if it determines to abandon defense of its project application; provided, however, that in such circumstance Owner shall be solely liable for award, if any, of costs or attorneys' fees to plaintiff /petitioner incurred prior to the effective date of termination. 4.6 Binding Effect of Fir t___AMOD -d d and Restated �_ Dome o me Agreement. To the extent not otherwise provided in Section 4.2 of this First Amende n -Qsttte— d-DoQ_q M Agreement, the burdens of the First Amended and Restated Oovola Agreement bind, 6590206160 VRIPM544883205- _10- 75A -66 and the benefits of the Agreement inure, to the parties! Successors in interest. 4.7 Relationship of the Parties. The contractual relationship between City and Owner arising out of thetWa First Amended ULQUe -Q Agreement is one of —independent contractor and not agency, This First Attaended and Restated t%vcf1.. ttt Agreement does not create any third party beneficiary rights. 4.8 Notices, Any notice, tender, demand, delivery, or other communication pursuant to this F.Irst Amended -wd-R..."-tated-D-e-vgl—op.Men.t Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: If to City, to: City Manager City of Santa Ana 20 Civic Center Plaza M-31 P.O. Box 1988 Santa Ana, California 92702 teIefa4asjn-4la4744Y647 -6954 and; City Attorney, City of Santa Ana 20 Civic Center Plaza M-29 P.O. Box 1988 Santa Ana, California 92702 telefarasimile-{744}64-7-6545 If to Owner, to: UOI-E. 1st -_ can Noustna ti first Street-PadnersL&VIII, LLC ft§Aroje Gle-ND "-evetepment 4140-MaGArthuf43ot4lovaFdi-SuHe459- Newport Beach, GallfbmioCA 92660 Attention: telefac*imlls -{949Y622-90-11-9 M 659020761 IV123 794554 75A-67 G L � V WE i } ♦ � Rig A partyearty may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty - four (24) hours after the time set forth on the transmission report issued by the transmitting telefacsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County, or city holidays shall be excluded. 5. DEVELOPMENT OF THE PROPERTY. 5.1 City Obligations. In consideration for Owner entering into this Ekg Amendedand Restated D y.9 op eW Agreement and performing its obligations hereunder and in order to effectuate the purposes and intentions set forth in this first Amended__and Restated Devel- tJtnn_rr_t Agreement and the Development Agreement Act, the City hereby agrees during the Term as follows: ,5,1, j, Vested RightsF3W to Develop. Owner is hereby granted the vested right to develop the Project subject to the terms and conditions of the Applicable Rules and the Reserved Powers. 5.122 54- Aia44- applicationN -o t-.APU ion of Changes in Applicable Rules. Any change in, or addition to, the Applicable Rules, including, without limitation, any change in the General Plan, zoning ordinance, subdivision ordinance, or building regulation adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of ordinance, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever, however <sveaa����s +zaarsaaaaa a _12_ 75A -68 denominated, and adopted by the City Council, Planning Commission or any City Agency, or by the electorate, as the case may be, which would, absent this 'rs A_ onded...an. Developin-ent Agreement, otherwise be applicable to the Project and which would conflict with the Applicable Rules, shall not be applied to the Project unless such changes represent an exercise of the City's Reserved Powers or are otherwise expressly allowed by this ne. e a_nd Restated Devel,o _ Mt Agreement. In the event that state or federal laws or regulations enacted after this First AmggdQd aplyd Restated Develoamnt Agreement has been entered Into, prevent or preclude compliance with one or more provisions of this Se to Agreement, such provisions of this Fir ndeAtr RM anstc�Rtata,� ptna�t Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. " -- Agreed Changes and Other Reserved Powers. This Fit Ameltd. r$_a .tea ta3as9_,Develor�rnon Agreement shall not preclude application to the Project of rules, regulations, ordinances and officially adopted plans and policies in conflict with the Applicable Rules where such additional rules, regulations, ordinances and officially adopted plans and policies (a) are mutually agreed to in writing by Owner and the City, or (b) result from the Reserved Powers. 5-1,4 &G- Subsequent Development Approvals. The City shall require Owner to obtain only those Subsequent Development Approvals that are required by the Applicable Rules or the Reserved Powers. City hereby— agrees that it shall condition any Subsequent Development Approvals based only on the Applicable Rules and /or Reserved Powers. ,M�fi 6.7- Moratoria. In the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, or otherwise, which relates to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Property, City agrees that, unless required by applicable state law, such ordinance, resolution or other measure shall not apply to the Project, Property or this fir-dam Restatedvelonment Agreement, unless such changes are adopted pursuant to the City's exercise of its Reserved Powers or € snaza�7EV azaav +ssiaflau�as_ -13- 75A -69 other applicable provision of this E1Ejt -A-mD L _ !taSe I Development Agreement. 6,9.,E 6;8- Timing of Development. The parties acknowledge that Owner cannot at this time predict when or if the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner such as market orientation and demand, interest rates, absorption, completion and other similar factors. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that except as provided in and subject to Section 5.11, Owner shall have the right to develop the Property at such rate and at such time as Owner deems appropriate within the exercise of its subjective business judgment. WN W E0e_"-_ 8 Additional Offsite Mitigation Measures. The offsite mitigation measures (i.e., which clarify mitigation measures set forth in the Project entitlements) which must be constructed by Owner are as set forth in Exhibit CO to this Etcst_ Amended and R erg De eIggrtl -ant Agreement. All funds or casts for offsite mitigation measures required pursuant to the approvals set forth in section 2.4 of this First Amendnd and Restated Developrnen Agreement shall be paid or security provided therefor in conformance with the provisions of the Subdivision Map Act, no later than recordation of the final subdivision map for the Project, or issuance of the first building permit for the Project, whichever comes first. 5.1,Q q— Irrevocable Offer to Dedicate Easements or Land To Implement Public Realm Improvement Plan. On the face of the final map for the Project, or contemporaneous with offering the final map for filing with the County if it is not placed on the final map, Owner shall execute an irrevocable offer to dedicate to the City such property interest (easement for the breezeway /lane along the t��aza2aaa�«�as xuaava _tq_ 75A -70 ON north side and fee title along the south side of the Project) as is necessary to effectuate the Metro East Public Realm Improvement Plan adopted contemporaneously with the Project. Owner shall not be required to dedicate additional land pursuant to any amendments to said Plan which may or-may -occur following its adoption. Owner shall be entitled to an offset against its obligations under sestienaection 5.7 of this Ei _ st f and f�a tatetl pevotogment Agreement for such property. 6,ti- Exclusion from Existing Rules, Regulations and Policies. La) 4)-- Pursuant to Government Code Section 65866; and Pardee Construction Co. v. City of Camarillo (1984) 37 CaUd 465, 208 Cal.Rptr. 228, 690 P.2d 701, City retains the right to enact police power regulations on matters not covered by sestions_e .tt a.r4 5.1 of this irs rnettded and Restated Develent Agreement, including without limitation: (1 (2) Municipal laws and regulations which do not interfere with Owner's vested rights to develop and use the Property in accordance with sestion3R_Q oti 5.1 of this Etrat Amended and �es ated Develon"Pn# Agreement, Owner and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non-conflicting laws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non - conflicting laws and regulations include the following: (3)- Taxes, assessments, fees and charges, except as otherwise specifically provided in this m.end_e_d_an_d &*JaLad Development Agreement; (4)— Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Code; a (5) -Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a citywide basis; and (4g)- Procedural rules of general City -wide application, sEUa¢�r2 ass.t��s -15- 75A -71 — Construction Standards and Specifications. The construction standards (e.g., the Uniform Codes) and specifications for all Project construction shall be subject to applicable construction standards and guidelines in effect at the time that any development approval shall be sought for the Project or any unit or structure contained within the Project. &4 6-43 -FAA Approval, Owner shall obtain and maintain, during the term of the— agreementthis_._E _- -mand.. d— and— R1sata.d = t t _, any and all necessary approvals from the FAA for the Project. Should such approvals lapse; and not be reinstated or reapproved prior to the issuance of the first building permit, the City shall have the right to terminate the- agmementthis First Amended and 5x44- Processing Fees. All fees and charges intended to cover City costs associated with processing development of the Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and /or environmental review, which are existing or may be revised or adopted during the term of this First Amonded atld _ tte eveloomen Agreement, shall apply to the development of the Property. 6.6 5,WAmendments or Additions to Citywide Fee Programs. This first Amatxd� and Ro tated D. tics rte rtt Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees ") adopted by the City after the effective date of this Fi.ra.t_AmpliSte a d _Restated D elopMan =1 Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Project impacts which were analyzed in the environmental impact report prepared for the Project, or (b) duplicate any project design features conditions of approval, Agreementsag eements, or mitigation measures contained in this Fir-$A Amended and gestated Development Agreement, 57 64.6—Community Facilities District or Other Financing Tool. Owner agrees to petition for, and fully support (including voting to establish, if required), the establishment of or annexation into a Community Facilities District or similar financing mechanism covering the Property, in order to fund the proposed project's fair share of eligible items, e.g., the costs of implementing the Metro Cast Public Realm Improvement Plan; provided, rs +�oan�zat��aaaa�+ssa2�a� _1.6- 75A -72 however that the total effective tax rate (including but not limited to regular property or ad valorem taxes, special taxes, benefit assessment or other imposition) shall not exceed an annual levy of one and six - tenths percent (1.6 %) of the Property's valuation, as improved. Owner and City shall cooperate in good faith to designate those improvement and /or fees to be funded by the Community Facilities District or other mechanism. Owner shall have the right to review and approve any final list of said facilities and /or fees; provided, however that Owner's approval may not be unreasonably withheld. 646-1- Phasing of Project. The parties agree and acknowledge that the Project may be built in up to two (2) phases (with one tower in each phase), but that, except as otherwise expressly stated herein, all conditions and mitigation measures shall be implemented as part of the initial phase; provided, however that Owner may propose to delay to the second phase on -site conditions (e,g., sidewalks) that could be damaged by future construction, Prior to issuance of the first building permit for the prajest__S, Owner shall submit a proposed Phasing Plan to the City, for review and approval by the City's Planning Commission. The proposed Phasing Plan shall contain those items Owner deems necessary, but shall include the timing for first and second phase construction and interim site improvements (i,e., landscaping, internal circulation) between the phases. The approved Phasing Plan must be implemented within W"__ 61 months after completion of the first phase (i.e., issuance of first Utility Release). 5 q 64 -inclusionary Housing. Owner shall pay to the City the sum of Three Thousand Dollars ($3,000) for each Residential Unit contained in each phase ( "Inclusionary Housing Fee "). The inclusionary Housing Fee shall be paid with respect to each phase at such time as 95% of the residential units within such phase have received Utility Releases. The Inclusionary Housing Fee shall be used by the City for planning (including} but not limited to,, preparation of one or more elements of its general plan or for zoning amendments), conceptual design, final design, bid preparation, award of bid, property appraisal, property acquisition, relocation, lost goodwill, and /or construction of new or substantially rehabilitated existing affordable housing in the City. 6,10 5.16 -in -Lieu Park Development Fee. The Owner shall pay an in -lieu park development fee in the amount of One Million Four Hundred Fifty Thousand Dollars ($1,450,000) with respect to the Project ( "In -Lieu Park Development Fee ") payable pro rata, which pro rata fraction shall be determined based on a fraction the numerator of which is the total number of residential units in a phase and the denominator of which is the total number of residential units in the Project. The pro rata In -Lieu Park asrn ur?�t2 � F s az� s_ -17- 75A -73 Development Fee shall be paid prior to issuance of the building permit for each phase. The City shall use said fees for new parkland, capital improvements at existing parks, and deferred maintenance at existing parks (up to a maximum of fifty percent of amount of the fee). If not used or appropriated this fee shall be returned to Developer, consistent with the provisions of (and subject to the exceptions contained within) the California Mitigation Fee Act, Government Code § 66000 at seq. Owner may propose in future an alternative in -lieu of the provisions of this section which fully satisfies this requirement, and if such proposal is consistent with City's park plans and standards, the City shall consider such proposal in good faith; provided, however, that if approved such proposal shall be the subject of an amendment to this First Amended ands... -. RQ&takd _ nt Agreement entered into pursuant to Government Code section 65868. k, 6.11 646A- Covenants, Conditions, and Restrictions. Covenants, Conditions, and Restrictions tol-m -bo approved by the Planning and Building Agency's Executive Director fir tine priest prior to Ekta isstrat�se attrca fi'riuilrlri�r�- Hertrrit: S�reh ( - +No more than four residents pershall bo ��r i#ted for oath, unit, except that for three - bedroom units, there shall be no more than five residents per unit. (2-)-All initial sales of residential units by Owner shall include a covenant that the buyer may not re -sell the unit for a period on one (1) year. (fir (3- -No home ossupaneyp &cs scar tion shall be permitted in a unit, except am accordance with seetlon§oc..tion 41 -192 et seq. of the Santa Ana Municipal Code. &W0206WJ9\+2a?QV61daaazv2s 18_ 75A -74 _ _repair of perimeter walls and common areas, including landscaping, will be specified in the CC &R sffa in the event of damage. (�}- pisst�ssur�s -arid- release =SC &R' s- skrall- proarde- n€rtiee- to- praspect+ve ewnemNofteg of the urban character of the City and this area, including but not limited to OA the permitted uses of the property and buildings in the immediate area of the development (e.g., Xerox Towers, State Compensation Insurance Fund, 1 -5 and SR -55 which- rftay- arise- frarrt- or- retate- to-tkta- disclosed- rr�tters. (€i- }- Tarms -an t- Gentent: M ( IMU SA 7- Reeoryeds (I)-Aterm of the CC &R- s- are4o- be4n- effect-ter an initial period of ninety- nine years - arid- there- autDmatical6y- expanded- for - successive one - hundred - -- year - periods with au�amatio att� #_C� i . hundred (100 tC extensions unless terminated _P1 r gr by the joint consent of . the City and ii not less than seventy five percent of those condo�ylinitlm owners entitled to vote a der tbs CRS. - _ (it) arty e o eed ftc # riap�aroval of the City to any proposed modifications to the provisions_ es _e CC &R's wilt4equtre- approval Assoeiata orr- t<raF�yv�aerrruar- wkto- viotafas those proves €arts -5,U Fi -'t&— Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of 6502067AU\42M9145JJ8832v2,L _19- 75A -75 those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this First A nendad.....ant .Restated Development Agreement (although such conditions must comply with the Applicable Rules). 5.11 &20-Compliance Wlthwifh Governmental Requirements. Owner shall carry out the design, construction, and operation of the Project in substantial conformity with all applicable taws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the -Owner or the Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to the Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without the — limitation, the Americans With Disability Act, 42 U.S.C, § 12101 et seq., Government Code§ 4450 at seq., and the Unruh Civil Rights Act, Civil Code§ 51 et seq, (p.i(v "Governmental Requirements "). 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. City shall, at least every twelve (12) months during the term of this First Amended anal _Btrsted i�elopment Agreement, review the extent of good faith substantial compliance by Owner with the terms of this First Amended AgpM e. t D-gyk pment Agreement. Pursuant to Government Code Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of thethta First Arn_ended and Restated Deve.lnn oiiA Agreement at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with thptthls First Ate - +.dD.d_artd_..R.egateAt D ve1Q- ttt Agreement after annual review, City shall, upon written request by Owner, issue a Review Letter to Owner (the "Letter ") stating that based upon information known or made known to the City Council, the City Planning Commission and /or the City Planning Director, thethis First Amended and Rested�>e�eLe�ment Agreement vsn�z�czrds aza:a3ssvas -20- 75A -76 remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 6.3 Failure of Perlodlsto_ Conduct Annual Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this First Amendesf_atid__ Restated Dev__ opm -fit Agreement shall not constitute or be asserted by any partyFartiv as a breach of thet_his�it Amended and f slate open ?at Agreement by Owner or City, 7. DEFAULT. 7,9 Events of Default, Property -Owner is in default under this First Amended and Ees.,tated Development Agreement upon the happening of one or more of the following events or conditions: t,q) (1Y•If a warranty, representation, or statement made or furnished by Property -Owner to the City is false or proves to have been false in any material respect when it was made; tM (-2)-A finding and determination made by the City Council following a periodic review under the procedure provided for in Government Code Section 6N65.-165865.1 that upon the basis of substantial evidence the Property -Owner has not complied in good faith with one or more of the terms or conditions of this First Anon and _Ftestated..Devro pea Agreement; (� c. (4 }Failure to comply with Governmental Requirements; (d) (4) -Any other event, condition, act, or omission which materially interferes with the intent and objectives of this Fist Amende_t! tar d $oted_t7ryelopment Agreement. 7.2 Procedure upon Default, _Tb talloyyina principles and prop... gres. 11aII be applied in the mriDatWrt gf.a Default_ fa (t) -Upon the occurrence of default, City shall give Property -Owner (the "defaulting party ") thirty (30) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. After proper notice and expiration of said thirty (30) day cure period without cure, City may terminate or amend this First Amended and _ Restated Devement Agreement in accordance with the procedure adopted by the City as to all defaults that may be cured within said thirty (30) day cure period. For defaults that cannot be cured within said thirty (30) day cure period, City may terminate or amend this 65962006_12\047 )1511A8832Y25, _21_ 75A -77 Emt_,Ame —ndQd and Restated D9y_vJ9,2i er Agreement in accordance with the procedure adopted by the City should at any time Owner fail to diligently proceed in curing the default. Failure or delay in giving notice of default shall not constitute a waiver of any default, nor shall it change the time of default. tW (2) -City does not waive any claim of defect in performance by Property- Owner, it on periodic review the City does not propose to modify or terminate this jdQd= . td_.- .ftsfttost [tv_olQpmen Agreement. c. O-Non- performance shall not be excused because of a- failure of a third person. fd) (4)-An express repudiation, refusal, or renunciation of the contract, if the same is in writing and signed by the Property- Owner, shall be sufficient to terminate this First Amen and Re t e DAYI fpm -ent Agreement and a hearing on the matter shall not be required. (9 (fi)— Adoption of a law or other governmental activity making performance by the Owner unprofitable or more difficult or more expensive does not excuse the performance of the obligation by the Property- Owner. Q (6)-AII other remedies at law or in equity which are not inconsistent with the provisions of this First Arnended__aResiate-d QvjjI— Qaxte1... Agreement are available to the parties to pursue in the event there is a breach. 7.3 Damages upon Termination. In no event shall Property —Owner be entitled to any damages against City upon termination of this Ehirst Am Meta d_Re5jggd QgXq oRmend Agreement, 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or Agreemerrtsagreements set forth in fhethis First_Amended and ResWd 0#XqLopBPA Agreement, or to enjoin any threatened or attempted violation of theihisFim Amended and Restated Develop tgtestpt Agreement; or to obtain any remedies consistent with the purpose of thettis�ir�t� mended and Restated Development Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, 659024LZ612412171) 3SW 3205. -22- 75A -78 State of California, or in the Federal District Court in the Central District of California, Southern Division, 8. MORTGAGEE PROTECTIONS 8.1 Right to Owner /Notice /Multiple Mortgagees. Owner shall have the absolute right to encumber Owner's right, title and interest in, to and under this �ra4 a Restated Develoom at Agreement and the Property pursuant to one or more Mortgages, Because certain portions of the Project may be developed by one or more assignees, the Parties acknowledge and agree that different Mortgages may encumber the Property and that there may be a separate Mortgage in effect with respect to separate parcels within the Property, It is the intention of the Parties that the rights and protections granted in this Section 8 to each Mortgagee shall only apply to the parcels upon which such Mortgagee's Mortgage is a lien (each a "Mortgage Parcel'), and to the rights, privileges and obligations under this ELMLAmpndod _ and Restated fe.eto rt Agreement relating to such Mortgage Parcel. 8.2 Notice of Breach to Mortgagee or Deed of Trust Holders; Right to Cure. With respect to any mortgage or deed of trust granted by Owner as provided herein, whenever the City delivers any Notice or demand to Owner with respect to any Breach by Owner under this E stAmended and Rqga_tQd_Q_eye1oftme_nA Agreement and if Owner fails too the Breach within the time set forth herein, the City shall deliver to each Mortgagee a copy of such notice or demand accompanied by a writing to the affect that Owner has failed to cure a Breach ( "Mortgagee Notice "); provided that Owner or Mortgagee has provided City with addresses for such purpose. Each such Mortgagee shall (insofar as the rights granted by the City are concerned) have the right, at its option, within thirty (30) days after the receipt of the Mortgagee Notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such Breach and to add the cost thereof to the mortgage debt and the lien of its mortgage provided, however if the Mortgagee is legally prevented from curing such Breach because of a bankruptcy by the Owner then the thirty (30) day period shall be tolled until such bankruptcy is confirmed or rejected. Nothing contained in this F1ts1mende_d _ and Res P -Wo nvnt Agreement shall be deemed to permit or authorize such Mortgagee to take advantage of Owner's rights hereunder, or any portion thereof, without first having expressly assumed Owner's obligations to the City by written agreement reasonably satisfactory to the City. It is understood that a Mortgagee shall be deemed to have satisfied the thirty (30) day time limit set forth above for commencing to cure or remedy a Owner default which requires title and /or possession of the Siteftperty esuozo�t�tsw�3a�� -ssa a�i�as, _23_ 75A -79 (or portion thereof) if and to the extent any such Mortgagee has within such thirty (30) day period commenced proceedings to obtain title and/or possession and thereafter the Mortgagee diligently pursues such proceedings to completion and cures or remedies the Breach, provided that, in such event, all noncurable Defaults shall be waived. 83 Mortgagee Not Obligated Under ttrathis First_Ame�rd an�13t QqXqWVmgmlt Agreement. Unless a Mortgagee expressly assumes Owner's Obligations to the City in accordance with f5epti it 8.2- above, no Mortgagee shall in any way be obligated by the provisions of this First Amended and gestated jaw �$ Agreement, nor shall any covenant or any other provision in this _' m_en.ded_andst 0-0"IQ nont Agreement be construed so-to obligate such Mortgagee, Nothing in this E#.ret.Qtnend n.d., gestated Develop nt Agreement shall be deemed to construe, permit or authorize any such Mortgagee to devote the Mortgage Parcel to any uses or to construct any improvements thsreenotr�.__.. ortaeo_Paroet, other than those uses or improvements provided for or authorized by this FRA....... d_..and gestated Development Agreement, 8A No Liability. No Mortgagee shall have any personal- liability beyond its interest in the Mortgage Parcel acquired by4t- through enforcement of its Mortgage for the performance or payment of any covenant, liability, warranty or obligation hereunder - and- tbssmdor this First Amondedr�S Restated Dever _ !A- reetn_ant. City agrees that it shall look solely to the interests of such Mortgagee in such Mortgage Parcel for payment or discharge of any such covenant, liability, warranty or obligation. FIE No Amendment or Termination. This E.irst Amended and gestated Development Agreement shall not, without the prior written consent of all Mortgagees holding Mortgages on eaehnny portion of the Property -to-be affected- thereby, be amended so -as -to (a) terminate this First Amended and es t v_eln ment Agreement prior to the expiration of the Term hereof—(except as #M( sus . provided In-- SestioR4-. t —above —with respect —ta— such — Property}) or (b) change any provision of this EWPA Amended an- d-Rutatett n Agreement which, by its terms, is Mortgagees, No amendment to this E.ir mended and _Res _ L7e a nment Agreement affecting the Property or any part thereof, made without the consent of any Mortgagee holding a Mortgage on such Property, or any part thereof, shall be binding upon such Mortgagee or its successors in interest should it become a party hereto. 65t)WOUM42479 ss asazv s -24- 75A -80 8.6 Condemnation or Insurance Proceeds. Nothing in this First—Amend—as. and Restated—DexelloRMeW Agreement shall impair the rights of any Mortgagee, pursuant to its Mortgage, to receive insurance and /or condemnation proceeds which are otherwise payable to Owner granting such Mortgage. 8.7 Title by Foreclosure. Except as otherwise set forth herein, all of the provisions contained in this Cars Amended gin -t_Re. te— dD -Q"kpm at Agreement applicable to any of the Mortgage Parcel shall be binding on and for the benefit of any person who acquires title to the property, or any part thereof, by foreclosure under a Mortgage or transfer by deed in lieu. 8.8 Delegation to Mortgagee. Owner may delegate and /or assign irrevocably to any Mortgagee the non - exclusive authority to exercise any or all of Owner's obligations and /or rights hereunder with respect to the Mortgage Parcel, but no such delegation shall be binding upon the City unless and until either Owner or such Mortgagee shall give to the City a true and correct copy of a written instrument effecting such delegation. Such delegation of authority may be effected by the terms of the Mortgage itself, in which case service upon the other Party of an executed counterpart or conformed copy of said Mortgage, together with written notice specifying the provisions therein which delegates such authority to said Mortgagee, shall be sufficient to give such other Party notice of such delegation. No such delegation or assignment shall relieve the Owner of that Mortgage Parcel of any of its obligations hereunder with respect to such Mortgage Parcel. 8.9 No Obligation to Cure. Nothing herein contained shall require any Mortgagee to cure any default of Owner referred to above. 8.10 Separate Agreement, The City shall, upon request, execute, acknowledge and deliver to each Mortgagee requesting same, an agreement prepared at the sole cost and expense of Owner, in form satisfactory to such Mortgagee and the City, between the City and the Mortgagees, agreeing to all of the provisions hereof, provided Owner pays for all legal and other consulting costs incurred by City in reviewing same. 8.11 Estoppel Certificate. Within thirty (30) days after written request therefore, the City shall execute and deliver to any proposed Mortgagee in connection with its new Mortgage and to such Mortgagee thereafter from time to time an estoppel certificate in form and substance satisfactory to Owner and such Mortgagee ( "Estoppel Certificate "). The City hereby agrees to reasonably cooperate in including in any such Estoppel Certificate from time to time any provision which may reasonably be �s9nanra r�nzr�vt�s aeazv25- _25_ 75A -81 requested by any proposed Mortgagee for the purpose of implementing the Mortgagee protection provisions contained in this Section 8 and allowing such Mortgagee reasonable means to protect or presence the lien and security interest of its Mortgage hereunder, clarifying the non - applicability of the provisions of this First Amended and —R-Qstate-d D yel4Lent Agreement to such Mortgagee as it relates to parcels other than the Mortgage Parcel, and /or such other terms and provisions as are customarily required by Mortgagees (taking into account the customary requirements of their participants, syndication partners or ratings agencies) in connection with any such financing; provided, however, that no such Estoppel Certificate shall in any way materially adversely affect any rights of the City or increase any obligations of City under this First Am- ftded-and-Restated -Do als? r Agreement. 8.12 Conflicts. If there is any conflict between this Section 8 and any other provision contained in this First Am- ended. -anal- F_es_tator Devolopment Agreement, this Section 8 shall control, 9. MISCELLANEOUS PROVISIONS. 9.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall' is mandatory; "may' is permissive. If there is more than one signer of this First _AL QrLded -. -and_ restated P lor�-tt'teW Agreement, their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This Elrst Amended and Restated C?evelo.WeDt Agreement constitutes the entire understanding and Agreerneatagreo en of the parttesPartieas with respect to the matters set forth in this fimt Amended and Restated PyXq Qament Agreement. This First Amended and R-eatated Cevetonmen-t Agreement supersedes all negotiation or previous Agr emsrrtsagreemente between the parties `es respecting this El st Amended 4nd_ Restate ®eveiot�ment Agreement. All waivers of theLAny, provision of this Agreement must be in writing and signed by the appropriate authorities of City or of Owner, All amendments to this First Ar doel._and —Re—sl ,e Qey A]gW Agreement must be in writing signed by the appropriate authorities of City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Upon the completion of performance of this First Amended_. and- _3?tate� e e me Agreement or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and City shall be recorded in the Official Records of Orange County, California. 63WaaMAJ902-37W 554±1883205 —26— 75A -82 9.3 Project as a Private Undertaking. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this First AmendeSi�nd Rested Deve...apmeM Agreement. 9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this First Atnerlded a t t d Devoloame t Agreement are part of this First AMSUdjg-.andR estatd_1ev.at Agreement. 9.5 Captions. The captions of this _ First _ dgd- and _LRstated i?welopment Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Flra.t Amnsit _. estated Development Agreement. 9.5 Consent. Where the consent or approval of a party . is required inby, or necessary under this First _Amended.�d _Restated_�eye of pm Agreement, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The partiesParties shall cooperate withi a -ci deal with each other in good faith; and =1 wM assist each other t4 t o extent needed_ in the performance of the provisions of this Ftr f�s prpended ar4tt.RsLated Development Agreement. 9.8 Time of Essence. Time is of the essence for each provision of this Fjrrt _..59 and Restatede_ye14 Agreement of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this First Amendedand Restated D-qv Whom3gW Agreement has been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this First A nondod a R-os-tated _Development Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this F1rs e!tcldnd Restated_.. Dent Agreement. The partiesEa_rti -ei shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Fits# t vaanrty ra�assfxxazvz _27_ 75A -83 Amended and Restated D_YW_s rt�Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an AgreernewtagMeeme t on the effect of such federal or state law or regulation upon thei.i: =_fir Rejatated Development Agreement, the matter shall be scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9.10 Recording. The City Clerk shall cause a copy of this Eire Restated DoveloppLqW Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date of this First _Amended arad_J eatated Develonment Agreement. IN WITNESS WHEREOF, this FiratAfflorul d a rst Restated Development Agreement has been executed by the City of Santa Ana and by PropertyOwner, Dated this day of ATTEST: RATRIC14E-k4EAL-Y Clerk of the Council Approved as to Form: - -W -:F ETCHER e rwaQt,Tt 1 N24744 45444Mva_5_ THE CITY OF SANTA ANA DA ,f )-"EAM City Manager _ZB.. 75A -84 Title: (signatAiroo-cGantinued-from-prior-page) -MI-E-A&T --- S-TRF-R-T-12ARTNERS-,-"jQ, a-Delawatio-litnilig"ability-eonipa�y- By. GP14-U"—,LLG By: GapitaWadfic-Holdingaj4nG-,j- a-Pslawafe-sofWatlGn U-SolaMember Ghlef-Legal-OffiGer NAM MW -30- 75A-85 Property Legal Description THAT PORTION OF LOT 15 OF THE MAYBURY TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 36, PAGE 65 OF MISCELLANEOUS MAPS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL No. 1 AS SHOWN ON A MAP FILED IN BOOK 98, PAGE 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AS AMENDED BY A CERTIFICATE OF CORRECTION RECORDED OCTOBER 20, 1977 IN BOOK 12424, PAGE 543 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION OF PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 98, PAGE 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL I; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 NORTH 89 031'52" EAST 34.14 FEET; THENCE NORTH 45 °19'14" WEST 38.26 FEET TO A LINE PARALLEL WITH AND 7z90 -FEET EASTERLY FROM THE WESTERLY LINE OF SAID PARCEL 1; THENCE SOUTH 89 049'39" WEST 7,00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE SOUTH 0 01021" EAST 27.18 FEET TO THE POINT OF BEGINNING, AS GRANTED TO THE CITY OF SANTA ANA, IN DEED RECORDED SEPTEMBER 18, 1990 AS INSTRUMENT No. 90- 493896, OF OFFICIAL RECORDS. Orange County Assessor's Parcel Number 400 - 081 -08 659Sg4676JJ(V123791-55 -A t}W + "L EXHIBIT B Property Site Plan 0 0 I 91 N WAwIH: Kmtma�� I I �Amnk , Imming ktimtt'j"I'll I'll 0 0 W02061619\42379{5339883205 In Im m 145448832 015- Mb� Additional Offsite Mitigation Measures Improvement Location Pay fair share of all costs to acquire Fourth Street at Southbound SR -55 on- required right of way for and construct ramp (Tustin Avenue to SR -55) eastbound right turn lane In order to implement & satisfy mitigation measure MM 4.122, construct raised First Street and Cabrillo along the "pork- chop" island to Public Works project frontage Agency specifications Note: For offsite public improvements constructed by Owner (i.e., "pork- chop" island), it shall pay all workers employed in connection with the work not less than the prevailing rates of wages, as provided in the statutes applicable to public works contracts, including without limitation §§ 1770 -1780 of the California Labor Code. aaII U... -. 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HS t} � ] F 7 — Z � Y i d Z III J q g7 1 a e Q IF LU O if, 't 'i q� 00d' rr # P t j w x ,a i it III €7�9� rt e �F it F o i LU f O i ' ] #� I� I�ijlt�6.�. IMP -..• —�� � �,. � � � �� �I � � [4 r { O d,li 11� it sl �b a {'Ii[r 'eFiRrH fil BIF7 2 !L COMMUNITIES" (W1tA[.VhN[u0r;3 w CONWONRVO VELOPMEW- PROKWYMANAGEME'Iff MEETING MINUTES Date & Time: Tuesday, May 28, 2013 at 6:0013M Location: Lestonnac Retreat Center 16701 E. Main Street, Tustin, CA 02780 Subject: Community Meeting for 1901 E. 1st Street (1't Street & Cabrillo) Lyon Team: Chris Coe — COEArchitecture (Architect) Duane Border — Duane Border Design (Landscape Architect) Ashley Liddiard — Lyon Communities (Assistant Project Manager) Cynthia Eppeldauer — Lyon Communities (Vice President, Development) Jim Teegarden — Lyon Communities (Construction Manager) Peter Zak -- Lyon Communities (Senior Vice President, Development) The Community Meeting began at 6:20PM with Chris Coe of COE Architecture International presenting a PowerPoint presentation outlining: Site location o Corner of 1st Street and Cabrillo Park Drive, across from the Xerox tower. a Implementation of the development forms and uses outlined in the MEMU Overlay Zone to create a vibrant neighborhood • Activate the ground floor. • Create streetscapes with more pedestrian orientation and connection. • Include retail space on the corner of 15t Street and Cabrillo Park Drive for neighborhood serving retail, such as a caf6Jdeli. Project Description • Retain the use of the existing parking garage to save on cost and resources. • 3 -story townhomes and 5 -story residential flats will wrap the 4 -level parking garage. • The recreation deck with the pool, spa, seating areas and clubhouse will be located above the parking garage. • Public open space, common, and private open spaces (patios and balconies) are incorporated into the project. EXHIBIT 10 75AP93 o Public Open Space represents 15% of the property, meeting the requirement and equates to a 33,000 sf community park. Duane Border of Duane Border Design presented the landscape plans. Duane described the public open space as the jewel of the project. The public open space will have an urban feel and include vibrant landscape, seating walls and inviting spaces where the community can gather. The fire lanes are designed with trees lining along the alley way to promote walkability, creating a strong pedestrian environment. The main recreation center is programmed with more active entertainment spaces while the courtyard serves as a more passive outdoor setting. Peter Zak, Senior Vice President of Lyon Communities, discussed Lyon Communities' 50 -year history of developing and managing Its portfolio of 10,000 units. Lyon primarily builds and owns Its projects for the long -term. Lyon also has a strong working relationship with the City of Santa Ana primarily due to the successful progress of Lyon Communities' high -end residential project, The Marke, currently under construction with 300 units at Main & MacArthur. The presentation was followed by questions: 1. Is the project for purchase or rental? a. The project will be entitled as condos and operated as rentals. 2. What will be the (rental) price per square foot? a. Lyon is unable to answer at this time. The price is determined by the market. 3. Will there be gated access? a, Yes, the garage will be gated. 4. Will this project be considered low, middle or high end? a. High end 5. Is there a website for the project? a. The project will be posted on the Lyon Communities website in the next month or so, 6. Is the site plan set in stone? a. We are open to suggestions. 7. How are we going to treat the chain link fence? a. As we move through the design process, fencing detail will be developed. 8. Will we replace the jacaranda trees along Golden Circle? a, Yes. 9. A tenant of The Georgetown Building is concerned with Its balcony losing privacy to the residents of the townhomes. a. Chris Coe explained that the floors will most likely not align with their building's floor height, typically different between office and residential buildings. 10. A tenant of the Xerox Building expressed concern with the homeless. a. The project will include many levels of security Including access control, video cameras and onsite staff. 11. What is the timeframe of the project? 79A -44 a. The leasing office and first units are anticipated to be open in about a year and a half. 12. What is the demo schedule? a. We will spend the next 6.7 months demoing the site. 13. Will there be pylons? a. No, buildings are slab on grade. The meeting adjourned at 7:20PM. 7Pvi�= 5 Addendum 1901 East First Street Metro East Mixed Use Overlay Zone, First and Cabrillo Towers Project - Environmental Impact Report Lead Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Contact: Vince Fregoso, Principal Planner. 714- 667 -2713 Project Proponent Lyon Communities, Inc. 4901 Birch Street Newport Beach, CA 92660 Cynthia Eppledauer, Vice President 949- 838 -1234 Environmental Consultant Phil Martin & Associates 3002 Dow Avenue, Suite 122 Tustin, CA 92780 Phil Martin - President 949 -454 -1800 August 14, 2013 EXHIBIT 11 75A -96 TABLE of CONTENTS Section Page I. Introduction and Summary II, Purpose of an Addendum .................................................................................. ..............................1 III. Proposed Project and Environmental Detennination .................................. ..............................5 PJ, EvaluationofEnvironmental Impacts ............................................................ ..............................5 V. Summary of Findings ......................................................................................... ..............................9 Appendices Appendix A — Addendum Checklist Appendix B —Air Quality /GHG Report Appendix C — Ttafi c Report 1901 East First Street — Addendum August 14, 2013 75A -97 Page i I. Introduction and Summary This Addendum is to the Final Enviroumental Impact Report (EIR) that was certified on it- -latch 19, 2007 (Resolution 2007 -26, Environmental Impact Report (State Clearinghouse #2006031041) and Mitigation 1NIonitoting Plan ('MNIP ")) for The Metro East Nfixed Use Overlay Zone and First and Cabrillo Towers project (Project) and analyxes the potential environmental effects of a less intense development for the same site between the approved Project and the proposed 1901 E. First Street project (Proposed Project), The proposed 1901 East First Street project proposes the development of 343,675 square feet of residential use (254 units) and 2,424 square feet of retail space on a 5.1 acre site at the northeast corner of First Street and Cabrillo Patk Drive. An existing 4 level parking structure with 664 existing parking spaces will be incorporated into the project. The project proposes to construct two five -story low -rise buildings totaling 240 units on the west side of the existing 4 level parking structure. Fourteen three -story townhomes will be constructed along the south and east sides of die parking structure. A 5,000 square foot club house and recreation deck with a swimming pool will be constructed over the southern half of the existing parking structure that will elinilnate approximately 137 of the existing spaces in the parking structure. Other recreational amenities that are proposed for the recreation deck on the parking structure include a spa, fitness center, billiards and game room, outdoor fireplaces, barbeques, etc. Once completed, the project will provide a total of 555 parking spaces, including 527 spaces in the existing parking saucture and 28 surface parking spaces throughout the site. Mie proposed site plan is shown in Figure 1. Project Background The City approved the First and Cabrillo Towers project along with the Metro East Overlay Zone on March 19, 2007. 'The Metro East Overlay Zone EIR includes in area over 200 acres and includes the 5.1 acre First and Cabrillo Towers project site. 'llie First and Cabrillo Towers project is approved for the development of up to 435,000 square feet of residential areas in a 22 -story and 23- story building, approximately 8,900 square feet of retail /commexcial areas, and approximately 774 parking spaces, 661 of which are located in an existing garage. The Proposed Project, as described in this Addendum, involves the proposed development of a less intense project on the same site as the approved First and the Cabrillo Towers project. The Proposed Project does not result in any new potentially significant environmental impacts or cause a substantial increase in the severity of the impacts that were identified in the Final EIR that was certified March 19, 2007 and no substantial circumstances under which the Project is undertaken have occurred. Thus, this Addendum to the certified Final EIR on March 19, 2007 is approptiate pursuant to the provisions of the California Environmental Quality Act, Public Resources Code section 21000, el reel. (CEQA), and 14 Cal. Code Regulations, section 15000, a .reel. (CEQA Guidelines). Ih Purpose of an Addendum Pursuant to the CEQA Guidelines, a lead agency is required to determine whether its discretionary approvals have the potential to result in significant environmental impacts. In the case of the 1901 East First Street— Addendum August 14, 2013 75A -98 Page 1 �- w r 1V) r NV) LL I..L V) W r r V V O Q !b G a IOJU14! NIS IIhIMJUM }SV 3Ntll 3411 N140N ai nYl P.4. - jill IS Y I; u r oll Tf � yy 8�1 � jY � , . . 1 • a ! N � t 7 '�i 13a411S 1S41d "�� Ia iGYdfilrn1411 � � n wrw moaJa 413u1nP. NIS 75A -99 LqxV Cn o. Y, 0 ti V N U A 0 V A 4 2 h Proposed Project, the City of Santa Ana (City) is the lead agency and prepared and adopted the Final EIR for the Project on ndarch 19, 2007, As the Proposed Project is a reduced development compared to the Project (96,687 square feet of residential and 6,476 square feet of retail less), the City must review the Proposed Project and the approved Project in accordance with Sections 15162 and 15164 of the CEQA Guidelines. CEQA Guidelines §15162 (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous FIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR or negative declaration was certified as complete or the negative declaration was adopted shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or snore significant effects, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Ivlitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternatives (Pub. Res. Code §21166; CEQA Guidelines §15162. Given that none of the conditions requiring preparation of a Subsequent EIR (CEQA Guidelines §15162) are present and only special study upgrades to the previous EIR are necessary to reflect the development proposed for the site, an Addendum to the previously adopted Final Environmental Impact Report is proper and complies with CLQA Gtridehnes §15161. CLQt1 Guidelines §15164(x) states, "The lead agency or responsible agency shall prepare an addendum to a previously certified LIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred," In the case of the proposed project, none of the conditions in Section 15162 calling for the preparation of a subsequent EIR have occurred. Therefore, the City exercises the right to prepare an Addendum in this case and not a subsequent EIR. 1901 East First Street -- Addendum August 14, 2013 75A -100 Page 3 The City finds that none of the conditions described in CEQA Guidelines §15162 requires the preparation of a Subsequent Environmental Impact Report. Specifically, die City has determined the following: No Vubrlantial C/anrges in Cimlilisiances. There are no substantial changes with respect to the existing conditions or circumstances under which the site was evaluated in The Metro East Mixed Use Overlay Zone and Cabrillo Towers EIR. The site has remained in its existing condition approximately seven years after the preparation of The Metro East Mixed Use Overlay Zone and First and Cabrillo Towers EIR There have not been an), substantial changes in the existing environmental setting on the site since the project was approved in 2007. No lVew bforevwion of Sitbriantia/ hsporlarrre. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Environmental Impact Report was adopted that shows the project will have one or more significant effects or substantially more severe effects not discussed in the Environmental Impact Report. Except for the new site specific environmental information regarding the proposed development of 254 residential units and 2,424 square feet of retail space on 5.1 acres, the project and its associated impacts all remain the same as contemplated and evaluated in the Environmental Impact Report. There are no mitigation measures that were considerably different from those analyzed in The Metro East Mixed Use Overlay Zone and First and Cabrillo Towers project EIR. Consequently, there is no new information indicating that new significant or substantially more severe environmental effects would result from the development of the project than identified in The Metro East bused Use Overlay Zone and First and Cabrillo Towers EIR. CEQA Guidelines §15164 Addendum to an EIR or Negative Declaration In accordance with CEQA Guidelines §15164, the City, as the lead agency, has prepared this Addendum to the previously adopted Final Environmental Impact Report. The Addendum Checklist is included in Appendix A. As described above, the City has determined the information provided herein will result in none of the conditions described in CEQA Guidelines §15162 requiring the preparation of a Subsequent Environmental Impact Report. Given that none of the conditions requiring preparation of a Subsequent EIR (CEQA Guidelines §15162) are present and only special study upgrades to the previous EIR are necessary to reflect the development proposed for the site, an Addendum to the previously adopted Final Environmental Impact Report is proper and complies with CEQA Guidelines §15164. CEQA Guidelines §15164(x) states, "The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." In the case of the proposed project, none of the conditions in Section 15162 calling for the preparation of a subsequent EIR have occurred. Therefore, the City exercises the right to prepare an Addendum in this case and not a subsequent EIR. CEQA requires that the decision making body consider the Addendum along and in conjunction with The Metro East bfixed Use Overlay Zone and First and Cabrillo Towers Final FIR prior to making a decision on whether or not to approve the Proposed Project. A brief explanation of the decision not to prepare a Subsequent Environmental Impact Report pursuant to Section 15162 1901 East Ficst Street -- Addendum August 14, 2013 75A -101 Page 4 should be included in an Addendum of elsewhere in the record and must be supported by substantial evidence. In accordance with CEQA Guidelines 515164 the City of Santa Ana (the "City ") has prepared this Addendum in response to the request by the project applicant (Lyon Communities) to allow the development of a total of 254 homes, including 240 homes in two 5 -story buildings west of an existing 4 level parking structure and 14, three -story townhomes along the south and east project boundaries, 2,424 square feet of retail space and recreational facilities approximately 5.1 acres at the northeast corner of First Street and Cabrillo Park Drive. The proposed amenities for the recreation deck on the top level of the parking structure includes a 5,000 square foot club house, swimming pool, spa, fitness center, billiards and game room, outdoor Fireplaces, barbeques, etc. Once completed, the project will provide n total of 555 parking spaces, including 527 spaces in the existing 4level parking structure and 28 surface parking spaces throughout the site. CEQA authorizes a lead or responsible agency to prepare an Addendum to a previously adopted EIR if some changes or additions are necessary, but none of the conditions described in CEQA Guidelines §15162 requiring the preparation of a Subsequent EIR. III. Proposed Project and Environmental Documentation The proposed 1901 East First Street project proposes the development of 343,675 square feet of residential use (254 units) and 2,424 square feet of retail space on the same 5.1 acre site. The Proposed Project proposes 96,687 less square feet of residential and 6,476 square feet less of retail . development than allowed by the approved First and Cabrillo Towers Project. The Proposed Project is consistent with and less dense than the square footage of residential and retail /commercial space allowed by the previously approved Project. All of the environmental impacts of the Proposed Project were determined to result in no impacts or less - than - significant impacts, or impacts were determined to be reduced to less- than- significatit levels with the incorporation of the same mitigation measures that were recommended for incorporation into the approved Project. Impacts to Aesthetics, Agricultural, Biological, Cultural Resources, Geology, Hazards /Hazardous Materials, Hydrology, Land Use, Mineral Resources, Population /Housing, Public Services, Utilities and Recreation will have no impacts. Air Quality, Noise and Traffic impacts will be positive because they will be less impact than the Project. IV. Evaluation of Environmental Impacts The scope of this Addendum is to provide information in support of the development of 254 homes, including 240 homes in two 5 -story buildings west of the existing 4 level parking structure and 14, three -story townhomes along the south and east project boundaries, 2,424 square feet of retail space and recreational facilities on approximately 5.1 acres at the northeast corner of First Street and Cabrillo Park Drive. The proposed amenities for the recreation deck on the top level of the parking structure includes a 5,000 square foot club house, swimming pool, spa, fitness center, billiards and game room, outdoor fireplaces, barbeques, etc. Once completed, the project will provide a total of 555 parking spaces, including 527 spaces in the existing parking structure and 28 surface parking spaces throughout the site. Together, The Metro East Mixed Use Overlay Zone and First and Cabrillo Towers project EIR and this Addendum serve as the environmental review of the Proposed Project, as required pursuant to the provisions of CEQA and the CEQA Guidelines. The 1901 East First Street— Addendum August 14,2013 75A -102 Page 5 Proposed Project's impacts were largely covered in The Metro East bused Use Overlay Zone and First and Cabrillo Towers EIR. This analysis addresses any changes to the impacts that were identified in The Metro East Mixed Use Overlay Zone and First and Cabrillo Towers EIR that could potentially occur with the less intense Proposed Project. Aesllielra The Proposed Project is less dense and will result in less development on the 5.1 acre site than the Approved Project. The approved First and Cabrillo Towers project allows the construction of 027,547 square feet of residential use within two towers (22 story "North Tower" and a 23 story "South Tower" with 374 residential units), whereas the Project proposes 240 residential units in a five -story building and a three -story building and 14 ground level townhomes. The Proposed Project would improve the line of sight across the site from surrounding areas as the height of the proposed five -story and three -story buildings are lower in height than the 23 and 22 story buildings that are approved for the site. The Proposed Project would not negatively impact the aesthetics of the site because it proposes less density than the approved Project. Furthermore, the Proposed Project would generate less light and glare dran the approved Project since there will be less development. The Proposed Project would have no nesdtetic impacts compared to the approved Project. AgtrcultYiWRa auto Like the approved Project, the Proposed Project will not have any agricultural resource impacts because there is no agricultural activity on or adjacent to the site. 'the Proposed Project will have no impact to agricultural resources consistent -with the analysis for the Project. The Proposed Project is consistent with the analysis in the March 19, 2007 EIR, Air„Qranlily The Proposed Project will reduce operational air emissions compared to the approved Project because there will be less development. As a result, the Proposed Project will have a positive air quality impact because fewer air emissions will be generated throughout the life of the project. The short -term construction emissions will also be less because there is less development and the tone to construct the project will be less. The Local Significant Thresholds (LST) generated during project construction will not exceed thresholds and therefore, the LST emissions will not be significant. The Proposed Project will not exceed any South Coast Air Quality Management District (SCAQbID) thresholds and will have a positive impact on air quality compared to the approved Project because fewer air emissions will be generated. The main source of potential odors by the Proposed Project, like the approved Project, will be trash receptacles within the project. The incorporation of Mitigation Measure MbI -OZ 4.2 -1 of the Metro East Mixed Use Overlay Zone, First and Cabrillo Towers Volume II E1R will reduce odor impacts by the Proposed Project to less than significant. The Proposed Project will have less than significant air quality impacts. 1901 East First Street— Addendum August 14, 2019 75A -103 Page G 13io /agical Resources The Proposed Project will not result in any new or changed impacts to biological resources compared to the approved Project. The project site is developed and there are no native biological resources on the property. The vegetation that exists on the site includes introduced non- native urban plant species and will not be impacted by its removal to construct the Proposed Project As with die approved Project, the Proposed Project will not have any biological resource impacts. The Proposed Project is consistent with the analysis in the March 19, 2007 EIR. Cml/wal Resonzes The Proposed Project will not result in any new or changed impacts to cultural of paleontological resources compared to the approved Project. The project site is developed and there are no known cultural or paleontological resources on the property. Mitigation measures associated with the approved Project are in place to protect any cultural or paleontological resources that may be uncovered during project construction. T "he Proposed Project will not have any cultural resource impacts. The Proposed Project is consistent with the analysis in the March '19, 2007 EIR. Geology nud Soils The Proposed Project would not result in any new or increased geology* or soil impacts compared to the approved Project. Like the approved Project, the Proposed Project would be exposed to potential liquefaction. And like the Project, the incorporation of the same applicable mitigation measures to mitigate potential seismic event, liquefaction and soil erosion impacts will be applicable to the Proposed Project. The Proposed Project will not have any new or added geological and soils impacts compared to the approved Project. The Proposed Project is consistent with the analysis and mitigation measures in the A4atch 19, 2007 EIR. G7renboaae Gas Emissions Because a greenhouse gas emission analysis was not required by CEQA at the time of the approval of the Project, a greenhouse gas analysis was conducted for the Proposed Project, A copy of the greenhouse gas analysis is attached as Appendix B. Based on the greenhouse gas analysis, the Proposed Project will not have any significant greenhouse gas impacts and no mitigation measures are recommended. Hazards nud HaZat dow Maleials The Proposed Project will not result in any significant hazards or hazardous material impacts. The potential hazards and hazardous materials of the approved Project will be the some for the Proposed Project. The Proposed Project will not result in any new or increased hazards compared to those identified with the Project. The Proposed Project is consistent with the analysis and mitigation measures in the March 19, 2007 EIR, 1901 East First Street— Addendum August 14, 2013 75A -104 Page 7 Hydmlogy and 1 [ %a /er ,Qenli� The Proposed Project will not have any significant hydrology or water quality impacts. T'lie amount and the quality of the surface water generated by the Proposed Project will be the same as the approved Project. The Proposed Project is consistent with the analysis in the NGarch 19, 2007 EIR, Laud Use and Planning The Proposed Project proposes 120 less tesidential units than the appxoved Project. As a result, there will be less density and the building heights will be less than the approved Project. The Proposed Project, like the approved Project, meets all applicable design and development standards for development in the Active Urban District the project. The Proposed Project is consistent with the analysis in the March '17, 2007 EIR and there will be no land use impacts. Minerwl Resonrees The Proposed Project will not have any mineral impacts. Based on the approved Project EIR there are no mineral resources on or adjacent to the project site. Therefore, the Proposed Project is consistent with the analysis and mitigation treasures in the March 19, 2007 EIR. AToire The Proposed Project will not result in any new or significant noise impacts compared to the approved Project. The project proposes 120 fewer residential units than the approved Project and as a result the time of construction will be less. Because the Proposed Project will have less development there will less traffic and less traffic noise. '11te Proposed Project will have a positive noise impact compared to the approved Project because there wiH be less noise generated during project construction and the life of the project. Populalion and Housing The Proposed Project will have 120 fewer residential units than the approved Project. As a result, the project will generate fewer people than the approved Project. Like the Project, the Proposed Project will not elitninatc any existing housing and require the construction of replacement housing. With fewer project residents the Proposed Project will have a less growth inducement. The Proposed Project will not have any population or housing impacts. PnGlie Services The Proposed Project will have a positive impact to public services compared to the Project because the Proposed Project will have 120 fewer residential units. With fewer residents the demand fox public services will be less with a positive impact on the public services that serve the project. The Proposed Project will have a positive impact to public services compared to die Project. 1901 Past First Sueet -- Addendum August 14, 2013 75A -105 Page 8 Reowwtion Like the approved Project the residents of the Proposed Project will most likely use the recreational facilities that will be provided b}, the project. The Proposed Project residents, like the residents of the approved Project, are not anticipated to use existing city recreational facilities and significantly impact existing city recreational facilities. The Proposed Project will be required to pay parkland fees that will he used to provide additional park and recreational facilities in Santa Ana. The Proposed Project is consistent with the analysis in the March 19, 2007 EIR and will not have any recreational impacts. Trrnupormtiai/Trafific The Proposed Project will generate approximately 894 fewer daily trips, including 67 fewer AM peak hour trips and 77 fewer PM peak hour trips than the approved Project. The proposed 2,424 square feet of retail space will mainly serve the project residents and is not anticipated to generate additional trips. The Proposed Project would hive a positive traffic impact because there will be a net traffic trip reduction compared to the approved Project. Utilities and Senshe Sjutems The Proposed Project will have a positive impact to the utilities and service systems that serve the project because there will be 120 fewer residential units. As a result, there will he less consumption of water and less generation of wastewater and solid waste. The Proposed Project will have a positive impact on utilities and service systems compared to the approved Project. V. Summary of Finditigs Based on the environmental analysis, the Proposed Project will not result in any new or significant impacts that were not previously analyzed and adequately addressed in the Metro East Nlixed Use Overlay Zone and First and Cabrillo Towers EIR and adopted March 19, 2007. The Proposed Project will provide 120 less residential units and 6,476 square feet of retail space less than the approved Project. As demonstrated by this Addendum: s The Proposed Project does not constitute substantiA changes that will requite major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously significant effects; e The Proposed Project does not constitute substantial changes with respect to the circumstances under which the Proposed Project is undertaken which will require major revisions of the previous EIR due to the involvement of new sigmiloint environmental effects or a substantial increase in the severity of previous identified significant effects; and The Proposed Project does not constitute new information of substantial importance that show that the Proposed Project will have one of more significant effects not discussed in the 1901 Fast First Street _ Addendum August 14, 2013 75A -106 Page 9 previous EIR or that the previously examined significant effects will be substantially more severe than shown in the previous EIR Therefore, pursuant to CEQA Guidelines Section 15162 and 15164, the March 19, 2007 Final EIR and this Addendum are appropriate to analyze the potential environmental effects of the Proposed Project. Considered together, the March 19, 2007 Final EIR and this Addendum satisfy the City's obligation under CEQA to evaluate and address the potential significant environmental impacts of the Proposed Project. The facts cited above and provided in this Addendum allow the City to use an Addendum in accordance with Section 15164(a) of the State of California CEQA Guidelines for this project. The Santa Ana City Council serves as the CEQA Lead Agency for this project. It is recommended that the Addendum be adopted as the appropriate CEQA environmental determination for the development of 254 homes and 2,424 square feet of retnii space on 5.1 acres. 1901 Rqs tFirst Street— Addendtun August 14, 2013 75A -107 Pggc 10 APPENDIX A Addendum Checklist 75A -108 Environmental Checklist CEQA Compliance IZ�J:tIRH�II�I[ICiI:I I. Project Title: 1901 East First Street II. Project Numbers: III, Lead Agency Name and Address: City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92702 IV. Contact and Phone Number: Cynthia Eppeldauer 949. 838 -1234 V. Project Location: 1901 East First Street - northeast corner of First Street and Cabrillo Park Drive VI. Project Sponsor's Name and Address: Lyon Communities, 4901 Birch Street, Newport Beach, CA VI. General Plan Designation: DC 3.0 — District Center VII. Zoning: C5 Metro East Mixed Use Overlay Zone 1 VIII. Description of Project: The project proposes the development of 254 multi - family units and 2,424 square feet of retail space on a 5.1 acre site. An existing 4 level parking structure with 664 existing parking spaces will be incorporated into the project. The project proposes to construct a five -story low -rise building with 240 units against the west side of the existing parking structure. A three -story building with 14 townhomes will be constructed along the south and east sides of the parking structure. A 5,000 square foot club house and recreation deck with a swimming pool will be constructed over the southern half of the existing parking structure and eliminate approximately 137 of the existing spaces in the parking structure. Once completed, the project will provide a total of 555 parking spaces, including 527 spaces in the existing parking structure and 28 surface parking spaces throughout the site. The proposed site plan is shown in Figure 1. IX. Surrounding Land Uses and Setting: North: Multi- tenant office buildings including Kaiser Permanente medical offices, a 2 -story parking structure, vacant land, multi - family housing, Cabrillo Park and single- family residences, South: Office, a private elementary school, a soccer field, and interstate 5. West: Cabrillo Park Drive and west of Cabrillo Park Drive is the 15 -story Xerox Centre office building, Interstate 5, and further west is vacant land and commercial development. East: Low rise office building adjacent to and east of the site and further east are commercial uses, including restaurants. X. Other agencies whose approval is required. The only project approvals are a development agreement amendment, vesting tentative tract map and a site plan by the City of Santa Ana. Page 1 75A -109 LU w w a F- C/i L/) lIl Q w 0 0) r' a 0 N 4 t 4 ■ (3)U]lwu Avo]d11 IV1JEJlvbll5ltl =hW n Nis m A19 I � � J 311 tl'1 3tli3 NitlON � T 'PS .PCJ A'INi11 YfSfill `F r'\ Jr 4I \ U m 's o2 I � ¢ i l' x t � ��/ o � ' t 1• ! 1 e� I 4 ��_.._.. .. � .iii '.— .._.._.. �...�.. _.. �.. _.._.._.._._.. _.._ .. - -. _:._tom......_. _.. ;j �I Aids ISHII <b: L lanilreit)vm au � r Wrcnv�eaY!vm Jhl - r 75A -110 I C i9 m LL L.L (L 4 v I�r ° Z® Environmental Checklist mum CEQA Compliance Environmental Factors Potentially Affected., The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages, ❑ Aesthetics ❑ Agricultural Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology and Soils ❑ Hazards and Hazardous Materials ❑ Hydrology and Water Quality ❑ Land Use and Planning Environmental Determination ❑ Mineral Resources ❑ Noise ❑ Population and Housing ❑ Public Services ❑ Recreation ❑ Transportation and Traffic ❑ Utilities and Service Systems ❑ Mandatory Findings of Significance 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 unit not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. 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 an earlier EIR (EIR No. - ) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. ❑ 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. 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 signif canteffectsnopreviouslydiscussed. A SUBSEQUENT EIRsheli be prepare August 5, 2013 Signature Date Phil Martin Printed Name Page 3 75A -111 Issues & Supporting Information Sources I, Aesthetics —Would the project: Environmental Checklist CEQA Compliance Less Than Potentially Significantwith Less Than Significant Mitigation Significant Impact Incorporated Impact No impact 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 ❑ ❑ ❑ stale 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 1:1 El El which would adversely affect day or nighttime views in ❑ ❑ ❑ the area? 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 El 7:1 ❑ Monitoring Program in the California Resources Agency, Department of Conservation maintains detailed maps of these and other farmland categories) B. Conflict with existing zoning for agricultural use or a 1:1 El El Williamson Contract? C. Involve other changes in the existing environment which, due to their location or nature, could individually El El El or cumulatively result in loss of Farmland, to non- agricultural use? III. Air Quality — Where available, the significant 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 ❑ ❑ ❑ (] Page 4 75A -112 Issues & Supporting Information Sources Environmental Checklist CEQA Compliance Less Than Potentially Significant wllh Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact contribute to an existing or proposed air quality Have a substantial adverse Impact, either directly or violation? through habitat modifications, on any species C. Result in a cumulatively considerable net increase of any identified as a candidate, sensitive or special status El El El criteria pollutant for which the project region is non - species In local or regional plans, policies or attainment under an applicable federal or state ambient ❑ ❑ ❑ air quality standard (including releasing emission which Game or U.S. Fish and Wildlife Services? exceeds quantitative thresholds for ozone precursors). Have a substantial adverse impact on any riparian D. Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations? regional plans, policies, and regulations or by the ❑ ❑ ❑ E. Create objectionable odors affecting a substantial number ❑ ❑ ❑ of people? and Wildlife Service? 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 El El El 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? E. Implementation of the proposed project would not result in a potential reduction in nesting opportunities for ❑ ❑ ❑ resident and migratory avian species of special concern? Page 5 75A -113 Environmental Checklist CEQA Compliance Less Than Issues & Supporting Information Sources Potentially Slgnificantwith Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact V. Cultural Resources — Wouldtheproject: A. Cause a substantial adverse change in the significance El El El of a historical resource as defined in Section 15064.57 B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to define ❑ Cl ❑ Section 15064.57 C. Directly or indirectly disturb or destroy a unique 11 El El paleontological resource or site? D. Disturb any human remains, including those Interred 11 El El 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 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 E] El El liquefaction? 4. Landslides? ❑ ❑ ❑ B. Would the project result in substantial soil erosion or the 11 El El loss of topsoil? C. Would the project result in the loss of a unique El El El 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 El El El 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 ❑ ❑ ❑ DK Page 6 75A -114 t {'t Environmental Checklist CEQA Compliatice VIII. Hydrology and Water Quality— Would the project: A. Violate Regional Water Quality Control Board water ❑ ❑ ❑ quality standards or waste discharge requirements? Page 7 75A -115 Less Than Issues & Supporting Information Sources Potentially Significantwilh Less Than Significant Mitigation Slgniricant Impact Incorporated Impact No Impact wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? VII. Hazardous and Hazardous Materials - -Would the project: A, Create a significant hazard to the public or the environment through the routine transport, use or ❑ ❑ ❑ disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste ❑ El E—) 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, ❑ ❑ ❑ IR 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, ❑ ❑ ❑ ID would the project result in a safety hazard for people residing or working in the project area? E. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or ❑ ❑ ❑ working in the project area? F. Would the project expose people or structures to a significant loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized ❑ ❑ ❑ areas or where residences are intermixed with wildlands? G. Would the project impair Implementation of or physically Interfere with an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? VIII. Hydrology and Water Quality— Would the project: A. Violate Regional Water Quality Control Board water ❑ ❑ ❑ quality standards or waste discharge requirements? Page 7 75A -115 Issues & Supporting Information Sources Environmental Checklist CEQA Compliance Less Than Potentially Significant with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact 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)? C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the El El El ID course of stream or river, in a manner, which would result in substantial erosion or siltation on or off -site? D. 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? E. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage El El El systems or provide substantial additional sources of polluted run -off? F, Otherwise substantially degrade water quality? ❑ ❑ ❑ G. Place housing within a 100 -year ficodplain, as mapped on a federal Flood Hazard Boundary or Flood ❑ ❑ ❑ Insurance Rate Map or other flood hazard delineation map? H. Place within a 100 -year floodplain structures which ❑ ❑ ❑ would impede or redirect flood flows? I. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as ❑ ❑ ❑ a result of failure of a levee or dam? J. Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ IX. Land Use and Planning — Would the project: A. Physically divide an established community? ❑ ❑ ❑ B. Conflict with any applicable land use plan, policy, or El El El regulation of an agency with jurisdiction over the Page 8 75A -116 1'r Environmental Checklist CEQA Compliance X. Mineral Resources — Wouldtheproject: 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? A. Noise —Would the project result in: Less Than Issues & Supporting Information Sources Potentially Significant with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact project (Including, but not limited to the general plan, plan or noise ordinance, or applicable standards of other specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an agencies? environmental effect? B. Exposure of persons to or generation of excessive C. Conflict with any applicable habitat conservation plan E) El 1-1 or natural community conservation plan? groundbome vibration or groundborne noise levels? X. Mineral Resources — Wouldtheproject: 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? Al. Populatlon and Housing — Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and ❑ El El business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, El El E] necessitating the construction of replacement housing Page 9 75A -117 A. 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 ❑ ❑ ❑ groundbome 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? Al. Populatlon and Housing — Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and ❑ El El business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, El El E] necessitating the construction of replacement housing Page 9 75A -117 r1i t Environmental Checklist CEQA Compliance All, Public Sarvices A. Would the project result in substantial adverse physical Less Than Issues R Supporting Information Sources Potentially Significant Significant with Mitigation Less Than Significant Impact Incorporated Impact No Impact elsewhere? new or physically altered governmental facilities, the C. Displace substantial numbers of people, necessitating ❑ ❑ ❑ the construction of replacement housing elsewhere? All, Public Sarvices 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: 1. Fire protection? ❑ ❑ ❑ 2. Police protection? ❑ ❑ ❑ 3, Schools? ❑ ❑ ❑ 4. Parks? ❑ ❑ ❑ 5. Other public facilities? ❑ ❑ ❑ XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational 13 El El 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)? Page 10 75A -118 �r Environmental Checklist CEQA Compliance Issues & Supporting Information Sources B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, Including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially Increase hazards to a design feature (e.g,, sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E. Result in inadequate emergency access? F, Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result In the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold Page 11 75A -119 Less Than Potentially Significant with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ Environmental Checklist CEQA Cotnpliance XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the Less Than quality of the environment, substantially reduce the Issues & Supporting Information Sources Potentially Significant with Less Than Significant Mitigation Significant threaten to eliminate a plant or animal community, Impact Incorporated Impact No Impact waste disposal needs? endangered plant or animal or eliminate Important G. Comply with federal, state and local statutes and examples of the major periods of California history or El El regulations related to solid waste? B. Does the project have impacts that are individually 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, ❑ ❑ ❑ Z either directly or indirectly? References A. Metro East Mixed Use Overlay Zone, Final EIR, March 2007, Volume 1. B. Metro East Mixed Use Overlay Zone, First and Cabrillo Towers Project, Final EIR, March 2007, Volume il. Page 12 75A -120 APPENDIX B Air Quality/ Greenhouse Gas Report 75A -121 AIR QUALITY and GREENHOUSE GAS EMISSIONS IMPACT ANALYSIS 1901 EAST FIRST STREET CITY OF SANTA ANA, CALIFORNIA Project No.; P13-024A 75A -122 Giroux & Associates 1820 E Garry St„ #211 Santa Ana, CA 92705 Prepared for: Phil Martin & Associates Attn: Phil Martin 3002 Dow Avenue, Suite 122 Tustin, CA 92780 Date: August 3, 2013 INTRODUCTION The proposed 1901 East First Street project proposes the development of 343,675 square feet of residential use (254 units) and 2,424 square feet of retail space on a 5.1 acre site at the northeast corner of First Street and Cabrillo Park Drive. The project proposes to construct two five -story low -rise buildings totaling 240 units on the west side of the existing 4 level parking structure. Fourteen three -story townhormes will be constructed along the south and east sides of the parking structure. This report calculates the air quality and greenhouse gas (GHG) emissions from the proposed action using the currently approved California Emissions Model (CalEEMod). Air pollution emissions from project construction and operation are compared to SCAQMD CEQA significance thresholds. There are no adopted GHG significance thresholds for CEQA purposes and the City of Santa Ana has not yet adopted a climate action plan (CAP). The SCAQMD has developed advisory thresholds which are used as a benchmark for analyzing GHG emissions significance. As noted in the following analysis, the limited scope of the proposed project does not cause any significance thresholds to be exceeded for either construction of operations. However, because of the non-attainment status of the air basin for photochemical smog and particulate matter, the use of reasonably available control measures is recommended for project construction activities. AIR QUALITY IMPACT STANDARDS OF SIGNIFICANCE Air quality impacts are considered "significant" if they cause clean air standards to be violated where they are currently met, or if they "substantially" contribute to an existing violation of standards. Any substantial emissions of air contaminants for which there is no safe exposure, or nuisance emissions such as dust or odors, would also be considered a significant impact, Appendix G of the California CEQA Guidelines offers the following five tests of air quality impact significance. A project would have a potentially significant impact if it: a. Conflicts with or obstructs implementation of the applicable air quality plan, b. Violates any air quality standard or contributes substantially to an existing or projected air quality violation. c. Results in a cumulatively considerable net increase of any criteria pollutants for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). d. Exposes sensitive receptors to substantial pollutant concentrations. e. Creates objectionable odors affecting a substantial number of people. mll e t' 3t AQ -2- 75A -123 Primary Pollutants Air quality impacts generally occur on two scales of motion, Near an individual source of emissions or a collection of sources such as a crowded intersection or parking lot, levels of those pollutants that are emitted in their already unhealthful form will be highest, Carbon monoxide (CO) is an example of such a pollutant. Primary pollutant impacts can generally be evaluated directly in comparison to appropriate clean air standards. Violations of these standards where they are currently met, or a measurable worsening of an existing or future violation, would be considered a significant impact. Many particulates, especially fugitive dust emissions, are also primary pollutants. Because of the non - attainment status of the South Coast Air Basin (SCAB) for PM -10, an aggressive dust control program is required to control fugitive dust during project construction, Secondary Pollutants Many pollutants, however, require time to transform from a more benign form to a more unhealthful contaminant. Their impact occurs regionally far from the source. Their incremental regional impact is minute on an individual basis and cannot be quantified except through complex photochemical computer models. Analysis of significance of such emissions is based upon a specified amount of emissions (pounds, tons, etc.) even though there is no way to translate those emissions directly into a corresponding ambient air quality impact. Because of the chemical complexity of primary versus secondary pollutants, the SCAQMD has designated significant emissions levels as surrogates for evaluating regional air quality impact significance independent of chemical transformation processes. Projects with daily emissions that exceed any of the following emission thresholds are recommended by the SCAQMD to be considered significant tinder CEQA guidelines. Daily Emissions Thresholds Pollutant Construction Operations ROG 75 55 NOx 100 55 CO 550 550 PM -10 150 150 PM -2,5 55 55 sox 150 150 Lead 3 3 Source: SCAQtYID CEQA Air Qunlity Handbook, November, 1993 Rev. MI E I "Si, AQ .3 75A -124 CONSTRUCTION ACTIVITY IMPACTS Dust is typically the primary concern daring construction of new homes and infrastructure. Because such emissions are not amenable to collection and discharge through a controlled source, they are called "fugitive emissions." Emission rates vary as a function of many parameters (soil silt, soil moisture, wind speed, area disturbed, number of vehicles, depth of disturbance or excavation, eta). These parameters are not known with any reasonable certainty prior to project development and may change from day to day. Any assignment of specific parameters to an unknown future date is speculative and conjectural. Because of the inherent uncertainty in the predictive factors for estimating fugitive dust generation, regulatory agencies typically use one universal "default" factor based on the area disturbed assuming that all other input parameters into emission rate prediction fall into midrange average values. This assumption may or may not be totally applicable to site - specific conditions on the proposed project site, As noted previously, emissions estimation for project - specific fugitive dust sources is therefore characterized by a considerable degree of imprecision. Average daily PM -10 emissions during site grading and other disturbance average about 10 pounds per acre, This estimate presumes the use of reasonably available control measures (RAM). The SCAQMD requires the use of best available control measures (BACMs) for fugitive dust from construction activities. With the use of BACMs, fugitive dust emissions can be reduced to 1 -2 pounds per day per acre disturbed. Current research in particulate - exposure health suggests that the most adverse effects derive from ultra -small diameter particulate matter comprised of chemically reactive pollutants such as sulfates, nitrates or organic material. A national clean air standard for particulate matter of 2.5 microns or smaller in diameter (called "PM -2,5 ") was adopted in 1997. A limited amount of construction activity particulate matter is in the PM -2.5 range. PM -2.5 emissions are estimated to comprise 10 -20 percent of PM -10. In addition to fine particles that remain suspended in the atmosphere semi - indefinitely, construction activities generate many larger particles with shorter atmospheric residence times, This dust is comprised mainly of large diameter inert silicates that are chemically non - reactive and are further readily filtered out by human breathing passages. These fugitive dust particles are therefore more of a potential soiling nuisance as they settle out on parked cars, outdoor furniture or landscape foliage rather than any adverse health hazard. Exhaust emissions will result from on and off -site heavy equipment. The types and numbers of equipment will vary among contractor such that such emissions cannot be quantified with certainty. Demolition and grading activities will shift towards construction and paving, etc, The CalEEMod was developed by the SCAQMD and provides a model to calculate both construction emissions and operational emissions from a residential land use project, It calculates both the daily maximum and annual average emissions for criteria pollutants as well as total or annual greenhouse gas (GHG) emissions. The CaIEEMod 201.1_1.1 computer model was ]'A)[ r N Sl AQ °I 75A -125 used to calculate emissions fi•on the prototype construction equipment fleet and schedule anticipated by CalEEMod for a residential land use consisting of 254 condo /townhouse units and 2,400 square feet of retail space as shown below. The equipment fleet shown is CalEEMod's default fleet a project of this size. CaIEEMod Equipment Fleet Demolition 72,000 sf (20 Days) 2 Excavators 2 Dozers I Concrete Saw Grading 2,017 CY Export (30 (lays) 1 Excavator _ I Dozer 1 Grader 3 Tractor /Loader /Backhoes Construction (230 (lays) I Crane 3 Forklifts I Generator Set 3 Tractor /Loader /Backhoes 1 Welder Paving (20 days) 2 Pavers 2 Pavin a ui ment 2 Rollers Utilizing this indicated equipment fleet the following worst case daily emissions were calculated by CaIEEMod. The off -road equipment emissions load factors were adjusted in CalEEMod to account for a 33 percent reduction attributable to overestimation of load factors, which CARB has indicated to be appropriates Construction Activity Emissions Maximum Daily Emissions (pounds /day) Maximal Construction Emissions ROG NOx CO SOz PM -10 PM -2.5 2014 Unmitigated 6.1 49.3 32.9 0.1 14.2 5.2 Mitigated 6.1 49.3 32.9 0.1 11.6 3.2 2015 Unmitigated SL6 27.4 31.6 0.1 43 2.0 1 In September 2010, the CARB announced that ils methods used to estimate the load factor for off-road equipment were incorrect and led to nn overestimate of emissions by a factor of 33 percent. CARB is currently revising their emissions model, a modified OFFROAD which has not yet been released. CalEEMod is based on the historical OFFROAD. ]'At C I- St AQ 75A -126 Mitigated 51.6 27.4 31.6 0.1 4.7 2.0 SCAQMD Thresholds 75 100 550 150 150 ? 55 Peak daily construction activity emissions are estimated be below SCAQMD CEQA thresholds without the need for added mitigation. The only model -based mitigation measured applied for this project was watering exposed dirt surfaces at least three times per day as required per SCAQMD Rule 403 (Fugitive Dust), to minimize the generation of fugitive dust. LOCALIZED SIGNIFICANCE THRESHOLDS The SCAQMD has developed analysis parameters to evaluate ambient air quality on a local level in addition to the more regional emissions -based thresholds of significance. These analysis elements are called Localized Significance Thresholds (LSTs). LSTs were developed in response to Governing Board's Environmental Justice Enhancement Initiative 1 -4 and the LST methodology was provisionally adopted in October 2003 and formally approved by SCAQMD's Mobile Source Committee in February 2005. Use of an LST analysis for a project is optional, For the proposed project, the primary source of possible LST impact would be during construction, LSTs are applicable for a sensitive receptor where it is possible that an individual could remain for 24 hours such as a residence, hospital or convalescent facility. LST screening tables are available for 25, 50, 100, 200 and 500 meter source - receptor distances. For this project the nearest sensitive use would be the residences southeast of the project site at approximately 1200 feet from the closest site perimeter along Moir Court, and therefore, as a conservative approach, the receptor distance of 200 meters was selected for analysis. LSTs are only applicable to the following criteria pollutants; oxides of nitrogen (NOx), carbon monoxide (CO), and particulate matter (PM -10 and PM -2.5). LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest sensitive receptor, The SCAQMD has issued guidance on applying CaIEEMod to LSTs. LST pollutant screening level concentration data is currently published for 1, 2 and 5 acre sites for varying distances. Since CalEEMod calculates construction emissions based on the number of equipment hours and the maximum daily soil disturbance activity possible for each piece of equipment, the following tables should be used to determine the maximum daily disturbed - acreage for comparison to LSTs. Maximum Daily Disturbed Acreage );qni anent T pe ____Acres /S -hr -da Tractor 0.5 Graders 0,5 1W1 a W SL Ap • �- 75A -127 Rubber Tired Dozers 0,5 Scrapers I Based on this table, the proposed will result in a maximum of 1 acre disturbed during peak construction grading activity (I dozer x 0.5 + I grader x 0.5 = I acres disturbed). Per LST guidance, only on -site construction activity is considered in the LST analysis, On -site construction emissions are provided in the CaIEEMod output files and do not include sources such as on-road haul, worker commuting or vendor delivery emissions. Therefore, the following thresholds and emissions are determined (pounds per day). LST and Project Emissions CaIEEMod Output in Appendix (maximout mitigated emissions from on -site construction) LSTs were compared to the maximum daily construction activities. As seen above, emissions are below the LST for construction. The only mitigation measure applied was the following dust suppression measure: • Water exposed surfaces at least 3 times per day for fugitive dust suppression Facilities such as churches are not included in the definition of sensitive receptor because church employees do not typically remain on site fora full 24 hours, but are present for shorter periods of time, such as eight hours, However, by applying a 24 -hour standard for pollutants with shorter averaging periods, such as NO2 and CO, LSTs could also be applied to these receptors since it is reasonable to assume that an employee at these sites could be present for periods of one to eight hours. The Orange County Southern Baptist Church is immediately east of the site. Therefore, comparing LSTs for CO and NOx for a source receptor distance of 25 meters would provide the comparison (pounds per day). Again, LST emissions are much less than significance thresholds. IM E OssAe � 75A -128 CO NOx PM -10 PM -2.5 LST Thresholds Central Orange County 1 acre 200 meters 2,109 123 60 22 Max On -Site Emissions Demolition Unmitigated 25 42 6 2 Mitigated 25 42 3 2 Grading Unmitigated 20 31 & 5 Mitigated 20 31 4 3 Construction Unmitigated 19 25 2 2 Mitigated ]9 25 2 2 CaIEEMod Output in Appendix (maximout mitigated emissions from on -site construction) LSTs were compared to the maximum daily construction activities. As seen above, emissions are below the LST for construction. The only mitigation measure applied was the following dust suppression measure: • Water exposed surfaces at least 3 times per day for fugitive dust suppression Facilities such as churches are not included in the definition of sensitive receptor because church employees do not typically remain on site fora full 24 hours, but are present for shorter periods of time, such as eight hours, However, by applying a 24 -hour standard for pollutants with shorter averaging periods, such as NO2 and CO, LSTs could also be applied to these receptors since it is reasonable to assume that an employee at these sites could be present for periods of one to eight hours. The Orange County Southern Baptist Church is immediately east of the site. Therefore, comparing LSTs for CO and NOx for a source receptor distance of 25 meters would provide the comparison (pounds per day). Again, LST emissions are much less than significance thresholds. IM E OssAe � 75A -128 LST and Project Emissions Church Uses (pounds /day) Allowable LST Emissions 25 meters, 1 acre CO NOx 485 81 Max On -Site Emissions $02 PM -10 Demolition CO2 Area Unmiti ated 25 42 Mitigated 25 42 Grading Energy 0.2 Unmitigated 20 31 Mitigated 20 31 Construction 7.3 13.2 Unmiti ated 19 25 Miti ated 19 25 CaIEEMod Output in Appendix (maximum mitigated emissions from on -site construction) OPERATIONAL. IMPACTS Project uses would generate 1,067 daily trips utilizing trip generation numbers provided by the project traffic consultant. Uses with a residential component also generate small quantities of area source emissions derived from organic compounds from cleaning products, landscape maintenance, etc. The contribution of this source is small and is incorporated in the analysis below. Operational emissions for proposed uses were calculated using CaIEEMod2011.1.1 for an assumed project build -out year of 2016. The table below shows operational emissions for the proposed residential and retail uses and assumes inclusion of gas hearths rather than wood burning fireplaces. The project would not cause any operational emissions to exceed their respective SCAQMD CEQA significance thresholds. Operational emissions impacts are judged to be less than significant. Daily Operational Impacts (254 Units and 2,400 square feet Retail use, 1,067 Daily Trips) Source: CaIEEMod Output in Appendix ire, F. V S% AQ .8. 75A -129 Operational Emissions Ibs /da Source RO_G NOx CO $02 PM -10 PM -2.5 CO2 Area 6.8 0.3 21.5 0.0 0.4 0.4 4,909.4 Energy 0.2 1.6 0.7 0.0 0.1 0.1 2,112.0 Mobile 7.3 13.2 71.7 0.2 17.7 1.3 14,066.6 Total 14.3 15.1 94.1 0.2 18.2 1.8 21,088.0 SCAQMD Threshold_ _ 55 55 550 150 150 55 - Exceeds Threshold? No No No No No No NA Source: CaIEEMod Output in Appendix ire, F. V S% AQ .8. 75A -129 CONSTRUCTION EMISSIONS MITIGATION As identified above, construction activities are not anticipated to cause dust emissions to exceed SCAQMD CEQA thresholds. Nevertheless, mitigation through enhanced dust control measures is recommended for use because of the non - attainment status of the air basin, Recommended mitigation includes: Fugitive Dust Control • Apply soil stabilizers or moisten inactive areas. • Prepare a high wind dust control plan. • Address previously disturbed areas if subsequent construction is delayed. • Water exposed surfaces as needed to avoid visible dust leaving the construction site (typically 3 times /day). • Cover all stock piles with tarps at the end of each day or as needed. • Provide water spray during loading and unloading of earthen materials. • Minimize in -out traffic from construction zone • Cover all trucks hauling dirt, sand, or loose material and require all trucks to maintain at least two feet of freeboard • Sweep streets daily if visible soil material is carried out from the construction site Similarly, construction activity ozone precursor emissions (ROG and NOx) are calculated to be below SCAQMD CEQA thresholds, However, because of the non - attainment for photochemical smog, the use of reasonably available control measures for diesel exhaust is recommended. Combustion emissions control includes: Exhaust Emissions Control Utilize well -tuned off -road construction equipment. Establish a preference for contractors using Tier 3 or better heavy equipment. Enforce 5- minute idling limits for both on -road trucks and off -road equipment, OPERATIONAL EMISSIONS MITIGATION Operational emissions would not exceed their respective SCAQMD significance thresholds with the following mitigation measure: • Utilize gas hearths rather than wood burning fireplaces for any residential use. IWI a 0 SJ, Ap • �. 75A -130 GREENHOUSE GAS EMISSIONS "Greenhouse gases" (so called because of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as "global warming." These greenhouse gases contribute to an increase in the temperature of the earth's atmosphere by transparency to short wavelength visible sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation in some parts of the infrared spectrum. The principal greenhouse gases (GHGs) are carbon dioxide, methane, nitrous oxide, ozone, and water vapor. For purposes of planning and regulation, Section 15364.5 of the California Code of Regulations defines GHGs to include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride, Fossil fuel consumption in the transportation sector (on -road motor vehicles, off - highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately half of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about one - fourth of total emissions. California has passed several bills and the Governor has signed at least three executive orders regarding greenhouse gases. GHG statues and executive orders (EO) include AB 32, SB 1368, EO S- 03 -05, EO S -20 -06 and EO S- 01 -07. AB 32 is one of the most significant pieces of environmental legislation that California has adopted. Among other things, it is designed to maintain California's reputation as a "national and international leader on energy conservation and environmental stewardship." It will have wide-ranging effects on California businesses and lifestyles as well as far reaching effects on other states and countries. A unique aspect of AB 32, beyond its broad and wide - ranging mandatory provisions and dramatic GHG reductions are the short time frames within which it must be implemented. Major components of the AB 32 include; • Require the monitoring and reporting of GHG emissions beginning with sources or categories of sources that contribute the most to statewide emissions. • Requires immediate "early action" control programs on the most readily controlled GHG sources. • Mandates that by 2020, California's GHG emissions be reduced to 1990 levels. • Forces an overall reduction of GHG gases in California by 25 -40 %, from business as usual, to be achieved by 2020. • Must complement efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminants, Statewide, the framework for developing the implementing regulations for AB 32 is under way. Maximum GHG reductions are expected to derive from increased vehicle fuel efficiency, fron greater use of renewable energy and from increased structural energy efficiency. Additionally, through the California Climate Action Registry (CCAR now called the Climate Action Reserve), IWI E1'S4AQ -10- 75A -131 general and industry- specific protocols for assessing and reporting GHG emissions have been developed. GHG sources are categorized into direct sources (i.e. company owned) and indirect sources (Le. not company owned), Direct sources include combustion emissions from on -and off -road mobile sources, and fugitive emissions. Indirect sources include off -site electricity generation and non - company owned mobile sources. Greenhouse Gas Emissions Significance Thresholds In response to the requirements of SB97, the State Resources Agency developed guidelines for the treatment of GHG emissions under CEQA. These new guidelines became state laws as part of Title 14 of the California Code of Regulations in March, 2010. The CEQA Appendix G guidelines were modified to include GHG as a required analysis element. A project would have a potentially significant impact if it: • Generates GHG emissions, directly or indirectly, that may have a significant impact on the environment, or, • Conflicts with an applicable plan, policy or regulation adopted to reduce GHG emissions. Section 15064.4 of the Code specifies how significance of GHG emissions is to be evaluated, The process is broken down into quantification of project- related GHG emissions, making a determination of significance, and specification of any appropriate mitigation if impacts are found to be potentially significant. At each of these steps, the new GHG guidelines afford the lead agency with substantial flexibility. Emissions identification may be quantitative, qualitative or based on performance standards. CEQA guidelines allow the lead agency to "select the model or methodology it considers most appropriate," The most common practice for transportation/combustion GHG emissions quantification is to use a computer model such as CalEEMod, as was used in the ensuing analysis. The significance of those emissions then must be evaluated; the selection of a threshold of significance must take into consideration what level of GHG emissions would be cumulatively considerable. The guidelines are clear that they do not support a zero net emissions threshold. If the lead agency does not have sufficient expertise in evaluating GHG impacts, it may rely on thresholds adopted by an agency with greater expertise. On December 5, 2008 the SCAQMD Governing Board adopted an Interim quantitative GHG Significance Threshold for industrial projects where the SCAQMD is the lead agency (e.g., stationary source permit projects, rules, plans, etc.) of 10,000 Metric Tons (MT) CO2 equivalent/year. In September 2010, the Working Group released revisions which recommended a threshold of 3,500 MT CO2e for residential projects. This 3,500 MT /year recommendation has been used as a guideline for this analysis. Some jurisdictions have adopted a numerical annual GHG emissions level as a CEQA threshold of significance. Others have taken the numerical threshold to be an indicator level that signals a requirement for incorporating reasonable and feasible enhanced "greed' building practices without formal adoption of an absolute significance standard. IWIE V&,AQ .II. 75A -132 Construction Activity GHG Emissions The build -out timetable for this project is estimated by CaIEEMod to be between 1 and 2 years. During project construction, the WEEMod computer model predicts that the construction activities will generate the annual CO2(e) emissions identified below. Construction Emissions (Metric Tons CO2(e)) *CMEEMod Output provided in nppendix SCAQMD GHG emissions policy from construction activities is to amortize emissions over a 30 -year lifetime. The amortized level is also provided. GHG impacts from construction are considered individually less -than- significant. Project Operational GHG Emissions The input assumptions for operational GHG emissions calculations, and the GHG conversion from consumption to annual regional CO2(e) emissions are summarized in the CaIEEMod output files found in the appendix of this report. The total operational and annualized construction emissions are identified below. Operational Emissions Consumption Source CO2(e) Year 2014 690.3 Year 2015 95.2 %OV6-all Total 785.5 Amortized 26.2 *CMEEMod Output provided in nppendix SCAQMD GHG emissions policy from construction activities is to amortize emissions over a 30 -year lifetime. The amortized level is also provided. GHG impacts from construction are considered individually less -than- significant. Project Operational GHG Emissions The input assumptions for operational GHG emissions calculations, and the GHG conversion from consumption to annual regional CO2(e) emissions are summarized in the CaIEEMod output files found in the appendix of this report. The total operational and annualized construction emissions are identified below. Operational Emissions Consumption Source MT CO2(e) tons/ ear Area Sources 172.1 Energy Utilization 673.4 _ Mobile Source 1644.1 Solid Waste Generation 54.3 Water Consum tion 112.9 Annualized Construction 26.2 Total 2,683.0 Total project GHG emissions are less than the proposed significance threshold of 3,500 MT. GI -IG emissions for the proposed project are less than significant. 1901 EP5ti AQ -12 75A -133 1X11 C 0$l AQ APPENDIX CaIEEMod2011.1.1 Computer Model Output I). 75A -134 / \] f; §{ k§ 2 ° [ ƒ \ \ \ \\ I ;§ ; ) / 2 / # I \ \) 75A.135 ) ) \ / f k §�){ \ � / § t) 7 2 / § \ G U) « I 75A.135 ) ) \ / f k §�){ \ � / § t) 7 2 / § \ G N D N 01 O L Y O CO O O J N M N N � V1 C N O .+ (� G UI E a W LL � G M '> c ttl d N N U ui d > G o d M w LL c 'j o co do F- U 0 a E v LI W L W N O N O O U o o m aEi v 0 0 0 ❑ > 4 O e A O E t E 7 N c C (� U N O C C) O — � N ; F O E c W Q N N 75A -136 N N w O R 0 U 0 N C U Y O N C C U i ;m o �ry n - -trn o d m q is 4 m i m �o m �m O iO O .Y ;o 8 p o vi OO V 'mpg .qm. p ' m ;N �O C O 0 V N d O a O a m 61 ++ � E O r N � N 75A -137 LO N 0 0 O io 2 d ,o ,o a i4 Io 'gin 0 1� 10 io I ;. n g mm ;N ...4 ' m NO m �m N i.. ........... 0 m 4~ ;c a Nb 2�a LL d l .y... . �4 LL �m Em 3 �O m z d N 1I 14 4 N 75A -137 LO N 0 0 A C •a° CL O } O N hl C D le m m �p�i •a °1 �J d 0 C 0 �1+ U N C O 75A -138 MI e 0 U N G U d 7 N N G O m O1 M N Q N P n UI I 0 N I ' n •' `'µ� r - 1vq9i o ;o ;o ;o .r •N W ENO N ;o ;Oa i9 0 �N N O d m �p�i •a °1 �J d 0 C 0 �1+ U N C O 75A -138 MI e 0 U N G U d 7 N N G O m O1 M N Q N P n UI I 0 O N C O C O W N M V G C Q c O U �E C 75A -139 m � �O .L 0 c4 o,ors R .L b O 'O o R O ,o G �G .L .h ;o .......... N 4- O R O O 5 O O 75A-140 �Q Elio 1 A in O0 0 'I in in Not HIT 9 in in Is 5 ins ii 6- O O n 12 A n its 75A-140 �Q N OI C b M ri r L C U •E c :C Q c O U L r. O U d m •E c D 75A -141 N N 4- O P. $ '° ;q o° U • 3 'P 'P m 0 �N� ;o b 1 'P 9 y � IL � • O � O ..M ...4.. iq P �. d- p � p P .4...4 p °o U p 2 ;c O a P P chi - • ? 75A -141 N N 4- O P. C7 N OI C 'O cn M M C C C U F O �w O 'O O �O e L.. 0 O 'o q 4 0 •O 'O ,a °a o d o � °m rn •a lL w L �0± V 7 N C U v m 'A 75A -142 O ' O m O m b n a OI ,O �N � a •° c ,o ;o ...4...L... O n; in p 4 � o - 4 -..4.. a � o ;d 'o 'S o ;o ' n Y N O m d' O N G O U` .Y C O U b1 c a m s� ri O 0 0 a Y N C U ro �E T C U �E e O O O O iC �O •....4 O O iO ;O N H .p ...h. o � o g O •O N �O �4 O ..L l d ,d ;d a ; a o , .r ... r . . 75A -143 N O m O N G U 3 N C O U Of G 9 a, M G C O 3 C 'L7 In N M O p 0 0 o e N Y1 0. o Ie F m N W N °m o � H O G C U I 4 'a O 4 o ry ry � N °o . n.4n ..4 ... O O O ,O N O �O a o tl 'ia O :4 4. 4• o 'd .j . .. �G 75A -144 C4 N w O O N P ° Q N G C L O _ a5 C � O U U m c v a+ 3 C0 C M o 'a o ; o .e o a ;o 0 4 ti ,o 'o 'o O O 'O L L o° 'o o 0 75A -145 N N ri O T T N N eL � o V O Q N : O O m F ? o c �N A� a F' i �o 0 � Via! J N ' 4J b r m B A o 'a o ; o .e o a ;o 0 4 ti ,o 'o 'o O O 'O L L o° 'o o 0 75A -145 N N ri O T T N O N C O V w G Q U O) c a i� C!] V; M v A CI O C O U 2 Y O C C O U N �O �O s,. 1 1< N 4 a ,r �N Nis IV mm d �r e o ,r .L .y ,Q p O •O 8 •� ..i • • n4 o• O O �O O is •Y O A L s in s; '0 0 ,o •i• F• .p. ,r. a. u A I '3! a i � 75A -146 N O N 0 N O1 C m a 'ak C C C �E c N N c O �Q hi 'O N N o 'o o j00 N 4 0 0 o � a O � .4 cs t �d I� :C 0 Q r. V L N c U N c E c a 75A -147 N w O m O o O o..40..4. ' O 'm Y n. 'o '0 '0 0 0 N- tla �0 O- -4 - CR LLa tl O �O C Z O a: b 75A -147 N w O m N 0 N III G m a 5, I r 2 tt 'a n - -4 - °o ' ao °e N N N .L O 'O a a a cs 'Oa o -i O ,O o e W a n c o o aq o 0 0 n 0 Y Q G O U F O U 9 A 75A -148 o' °o • °o O O � O .. .4 _..4. O O :R 4 0 a � o R . •... i �3 Ia N w O Y LO N N 1 C) r. O L) v V L U d f0 M nN_ C C U C U m 77 E L i+4 0 d G 0 O 13 0 C U 9 m E G 75A -149 LO N O IO U d 6 CS O 'o z U' �n n Oo (G N a A v° o' 1? 4 p $ N Z O t- 75A -149 LO N O IO N N 01 C Y m O U N C s N C C c U 2 d C O 'P c c U v m 5 75A -150 $ $ $ S ri h O O o :0 :0 o 0 O ;O G O o ;o .. . .r . d d O O 2 4 0 N m N N m c 0 m m a d' N N 0 0 y C O N E O C ro E E a H N 'V 75A -151 C 0 ro w G a F7' a F- M .d p'o 6 ci V m o'o N'q t.. O'O N' 10 o;o N,eY p,p p;M N'M rio ,m rv,m v: L•— td 3; N N 0 n d W U) d C O N rn r 49 75A -152 N w O W O' U N.V Q t? ............... ¢ .. .4- ..y...4... 4. ° x.BTU C5 rG4` 2 w'd p Q -y- N -4•. 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A / !; 6 % a j ) \ \ 75A-1 60 / / \ LU \ \ 2 j \\ \ {} 2 k 0 § _ ) ) \ \ I]� §k ; . r / uj 2 ) ) �k § ! ! - }2 ¥a \ o \ G � 75A-1 60 / / \ LU \ \ 2 w a v m 5 N LL N � O � O Q n n n_ aEi E t � U) G 0 E W O N 0 N E W A E E x l6 0 0 ca 43 8 c ca ro d e+ iV a n �w o � h , CI fl i a Y �g z r ip .. 4 N � 75A -161 N w O c 0 N E W Y' E 7 E C G p U C U 0 C fV c a U m G e .0 o ,o N � V o � O 4 N � N Z N O1 4i o ;o 'o M i M 2 V � N a � 0 N • N 4- 75A -162 a M A 0 a CL 0 cc Ul 0 N tV L E E 'o Lny 0 d ;d In r In In r; V A N i f N m d N o ;o ;o to ni d o 'r D r In Q In O N R In 0 d- III In D O n In �Y -1 - -L N a w � C a 0 m 'A 75A -163 c 0 u N C Q 0 M N O V -- . ;m R V N V N �d O aIn o ;� a a m o c 0 u N C Q 0 M N O V ;m R aIn o ;� a a m o ; ; d 'L9 K ,o . _ N p C In In .m R °o .4ry ry .� ' Ci vi ;..f. m i�o 0 c 0 u N C Q 0 M N O V C O U e O U a� ro Cl c w rn Y d a d 0 X W w 0 N G O V_ .O N V) r N c O G 0 �F. nJ M G O U W 10 E C U �a 'a d ,m .a a �N N 'O M ; [J N o .V 4 . h 'v v �Y V 'h N O dOOO L G V �E G 75A -164 O . 'O 4 Y o � n ri;o; n .. . .. . 5 � •£ a N r- O r O N G Q C D CI N M r r C U 9 .d a 'a c I, OD �o b a . to t r 'N N .M M �a a .a a N •err• o 'a F- LL 'O a 0 O C Q V 7 N C U 9 m 75A -165 N w 0 0 N 2 .4...4. Z o o e J O u m" � r r N� tl• o ;o N e ryya 3Cl ip LL LL'. Cl w•4.w�4+ tj O ° �° R ;o �O ^5;, O N IL O •4 N 'O N U a �ti �G vl z M1 -L -L rrr rr4r S L°- 75A -165 N w 0 0 O N m C A r M M N G i. C U m C ;o "n R a a 0 N 0 d N . a ♦ �N N h �N m ;o (d -i Q C O �U 2 N C O U d A �E C 75A -166 b cl cl E ;O •..L L �O N � 1 1�- b n `a ...r...... N v- 0 P. v N m C a M M c C C U N Q C O u 2 C U a ;C 75A -167 N 0 O 0 ry q d• Z•. U bN" �: Y •0 +O 4 O U:• m ., ice. a ti ••4...4• r d.. I0 iP 4 LL 4; O °o p ur: o V �4. •4 • N G G yN M (U n .. APO .. ... > U 2 5 75A -167 N 0 O a 0 N C O U L C O U c L• ii C C L C V �E C `1 M =t L Y! � 5 O FO H h N v' m w ei n o 0 ao '�nA v N Fg rh r^ rN o ,o h o ;d ;o a O �N o ry S 'O .4 4. O � N 'm m �ro v • -4 . -M . Y I 75A -168 N w O V. O N G O U N C O U b) c V of 0 c U 0 e 0 U 9 m i d ;d ;G �N H ;r .4 .4 °o ry o ; cf O ,P O ; N ;9 o� G N � d 'o ;o 0 75A -169 N O O N C �ryO L1 `7 i+ C U 07 C 9 .7 m M G C U Jb C U C 75A -170 N O r .a n .N N .l x o $ ea �n N N U d PAC low m 6~ �d -4 N 2 a ,o o- 59 -M a W4 T. O O °o N M� H •d poll 0 z ro ;d d N l: 75A -170 N O r C1 N C O V N C 0 U C �I M G G L U C Y N G 2. G U L N N rC O. ° 0. ry z rN N OY U m O N O z U ' O f- C! N' N Q O ry mP it m .v �a .4 ..4 .. N Q i' off: n N b en ry a' -4 QN O O Q n r Q ro w z w N Z ry N Q � � 1.� 6 O a LH ,a Y N G 2. G U L 75A -171 N w O N N N rC O ° 0. ry rN N z Q U O ry mP it m .v .4 ..4 .. N Q Fn N b en ry -4 Ca S4 r OO ; OO R o .- a1- 6 O a ,a "a - � '� N ♦ti Q O ,N O N O Y .L •4m •4m O ' W N 75A -171 N w O N N 0 N C } A a 1Y N n n m paJ� N N c! N .V . m' a m v� r "a n n • °o n N O• I a � a ,a 0 0 r F i C 0 U 9 m �E c a �ry S •O o.. O' 2 a' o. U N': N 0 8 m. .Q m 9,. Y °^ o •N ry wa m LLa, N b 1n o •O �N � 4 !0 m �q •� O 75A -172 N O M O N m c nm. F 7 F V a N O C O V N C U a m m i 75A -173 �^ ti �h ,o q O O O O p O V. .4. ° ' o ,O ,O Fm 4°- N y- O 7 N N O) F z m O U Lo :c L 4 M G L 7 G U C �m u 'N 'O O ,o d 4.. , Cq1 p 'N ry � 7 ,d O (� g 'N 'O 6 ;o 4} N m F- { 'O Q 75A -174 �`a a �o O ;p M1'{A•� ...4. 4 0 o A— o ,p N L .Y ,m c.Y ..., m. o �o N O N N Q N W c N U w u e L d w ri V c O C O U 2 U a L �O O :o d 'N ry •4 •. ° ND �� ry 'o .q �4 m J ,kt h a �o W. Q c .2 N 2 w c 0 U d m 75A -175 d ;d ,r o .o 19 .L -..4. ° P 0 .......... m Gl O N Z O 0 v d M O d 7 A C 0 w 0 a N O e 0 15 E w yCy,, L" lV E E U) a F- N a 75A -176 0 E w C v a r a H IBC u o'o o'o o'o N � O •r•• N;V min r•- o•o o;m r•� N pop v: N• o: U; N O N N 0 U) T N c W W 4. 7 61 G O F e �m N S 6 0 �iN -L • I o �O .. 4 Q Q �Az O � Q Z Q V s zz z 5 ~ .`m V w Y A z N C J T m m c W 75A -177 A �E c N O r /l6 V 4. 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DR• N•� �J 75A -179 r N r- D 0 N :d v O GI h ro N d ti 5 N ro w c 0 ro m T n v D v yN 7 d ly0 T N d ti 7 N ro m c d ro m T Q 75A -180 N b N APPENDIX C Traffic Report 75A -181 FIRST STREET APARTMENTS CITY OF SANTA ANA TRAFFIC ANALYSIS 2nd SUBMITTAL CASE NUMBER: Prepared for: Lyon Communities 4901 Birch Street Newport Beach, CA 92660 (949) 252 -9101 M Pirzadeh & Associates, Inc. 30 Executive Park, Suite 270 hvine, California 92614 -4726 (949) 851 -1367 August 12, 2013 75A -182 CONTENTS EXECUTIVE SUMMARY ........................ ............................... 1 INTRODUCTION.................................................................. ............................... I TRIPGENERATION .............................................................. ............................... 5 TRIP DISTRIBUTION /TRIP ASSIGNMENT... ......................................................... 6 SITE ACCESS AND CIRCULATION ......... ............................... 6 GateStacking Analysis ................................................ ............................... 9 Parking. ............................. . . ...... ............................... . . .... 12 ........................ REQUIRED MITIGATION MEASURES AND /OR RECOMMENDATIONS ................. 12 CONCLUSIONS..................................................................... .............................12 75A -183 LIST OF TABLES Table 1 Trip Generation Comparison —First and Cabrillo Towers vs. First Street Apartments............................................................ ............................... 6 LIST OF FIGURES Figure1 Project Location ...................................................... ............................... 2 Figure2 Project Site Plan ..................................................... ............................... 3 Figure 3 Driveway Lane Configuration .................................. ............................... 4 Figure 4 Project Trip Distribution .......................................... ............................... 7 Figure 5 Project Driveway Peak Hour V olumes ........................ ............................... 8 Figure6 Gated Entry 1 ....................................................... ............................... 10 Figure7 Gated Entry 2 ....................................................... ............................... 11 Figure 8 On- Street Parallel Parking Detail ............................ ............................... 13 APPENDIX AppendixA_ . ..................................................................................... Scope of Work 75A -184 EXECUTIVE SUMMARY This Traffic Analysis is prepared in order to evaluate the operational and design characteristics of the proposed First Street Apartments project at 1901 East 181 Street in the City of Santa Ana and to evaluate the project's potential impacts at the project access locations. The project is situated on an approximately 5 acre site located at the northeast corner of Cabrillo Park Drive and East let Street in the City's Metro East Mixed Use Overlay Zone, see Figure 1. The site is developed with a 3 -story commercial building and a 4 -story parking garage. The project includes the demolition of the existing 3 -story commercial building and construction of 254 residential apartment units and 2,424 square feet of support service retail, see Figure 2, The project site was previously approved for development of the First and Cabrillo Towers project consisting of 374 residential dwelling units and 8,957 square feet of specialty retail, The proposed project will be developing fewer units thereby generating fewer peak hour trips. Therefore per the scope of work only the project access driveways are analyzed in this report. A copy of the Scope of Work is provided in the Appendix for reference, The findings of the traffic analysis with the proposed project did not indicate any significant project impacts at the project access locations, The proposed project will utilize two existing driveways and will be stop sign controlled. There will be two project entries to the existing parking garage and both are gated. The findings of the gate stacking analysis shows that there is adequate storage capacity at the two (2) gated entries to accommodate the expected residential and visitor stacking needs without backing onto the adjacent public and/or private street. It should be noted that the gates will be open during the day and closed at night. INTRODUCTION This report summarizes the results of a Traffic Analysis conducted for the proposed development of 254 residential apartment units and 2,424 square feet of support service retail at 1901 East lot Street in the City of Santa Ana, see Figure 1, The project site is approximately 5 acres and has an existing 3 -story commercial building and existing 4 -story parking garage, The site is located at the northeast corner of Cabrillo Park Drive and East let Street in the City's Metro East Mixed Use Overlay Zone, The site is bounded by Kaiser Permanente to the north, existing church and office building to the east, East 181 Street to the south, and Cabrillo Park Drive to the west. The existing lane configuration at the project driveways is shown in Figure 3, The site is accessed by an existing driveway on Cabrillo Park Drive approximately 530' north of East lef Street that connects to an east -west drive aisle along the northern property line. There is an existing driveway on East let Street approximately 270' east of Cabrillo Park Drive that connects to a north -south drive aisle in the middle of the site. There is another existing driveway on East let Street approximately 475' east of Cabrillo Park Drive that connects to a north -south drive aisle along the eastern property line. To accommodate the proposed project the existing 3 -story commercial building, the driveway on East let Street approximately 270 feet east of Cabrillo Park Drive, and the 75A -185 0 SEVEN T 7 i�J= F WELLINGTOff- Co V\' Project Location FRUIT— FRUIT al --- < x . 5 0 z >- z i= uJ CO 0 < IRVINE FIRST FRUIT L co FOURTH _ 1 FIRST 5 N.T.S. 55 Figure I Project Location Pirzadeh First Street Apartments, Santa Ana v 75A -186 L -S -17 Ni J1 M.5 tf 1117 P cx 75A -187 6/12JI3 Figure 3 Driveway Lane Configuration First Street Apartments, Santa Ana 75A -188 Pirzadeh middle drive aisle will be demolished. The existing 4 -story parking garage, the northern drive aisle and the eastern drive aisle will remain. The project will have restricted rightAurn in/right -turn out access from the existing driveway (Driveway 1) on Cabrillo Park Drive that connects to the drive aisle along the northern property line, see Figure 2. As a project feature, the chive aisle will be turned into a fire lane with decorative paving. The north fire lane will include a drop - offloading area approximately 80 feet east of Cabrillo Park Drive, Cabrillo Park Drive is a four -lane arterial street with a raised median. The project will have restricted right and left -turn inh-ight -turn out access from the existing driveway (Driveway 2) on East 1st Street approximately 476' east of Cabrillo Park Drive that connects to the drive aisle along the eastern property line, see Figure 2. As a project feature, the drive aisle will be turned into a fire lane with decorative paving. There is also a covered loading area at the northeast corner of the project site that can be accessed by both fire lanes. The left -turn in access is provided by an existing left -turn lane. East 1st Street is a six -lane major arterial with a raised median along the project frontage. The purpose of this analysis is to evaluate the operational characteristics and design features of the site access locations based on the projected inbound and outbound peak hour volumes. The impact of the decrease in the number of residential apartment units from the previously analyzed 374 units to the proposed 264 units will be documented. TRIP GENERATION The proposed project will develop the same parcel as the previously approved First and Cabrillo Towers project except it will contain 120 fewer residential dwelling units and changing the 8,967 square feet of retail/commercial use into 2,424 square feet of support service retail use. Also, the project will have two (2) access locations; a restricted right -turn in/right -turn out access on Cabrillo Park Drive that is presently operational and a restricted right and left -turn in/right -turn out access on East fat Street that is presently operational. Consistent with the Traffic Analysis Scope of Work the trip generation rates for the proposed project were calculated using the ITE Trip Generation Manual, 8th Edition for a high -rise apartment development. To determine the potential level of project impact, the trips being generated by the previously approved project based on the approved First and Cabrillo Towers Project Traffic Impact Study dated March 2007 prepared by EIP Associates were compared to the trips being generated by the proposed project. As shown in Table 3 the First and Cabrillo Towers project was projected to generate 1,961 daily trips with 143 and 166 trips occurring during the AM and PM peak hours. The proposed First Street Apartments project is projected to generate 1,067 daily drips with 76 and 89 trips occurring during the AM and PM peak hours. By comparison, the proposed project is projected to generate 894 fewer daily trips, 67 fewer AM peak hour trips and 77 fewer PM peak hour trips than the First and Cabrillo Towers project, It should be stated that the small accessory /support retail service provided on -site in intended mainly for the project residents. This use is not expected to generate any additional trips, and in fact could reduce project trips. 75A -189 Table 1 Trip Generation Comparison - First and Cabrillo Towers vs. First Street Apartments Land Use Units AM Peak Hour PM Peak Hour ADT In Out Total In Out Total First and Cabrillo Towers High -Rise Condominium 374 DU 24 103 127 1 88 1 54 1 1421 1,563 S ecialt Retail 8,957 SF 10 6 16 10 14 24 398 Totals 1 34 109 143 F 98 1 681 166 1 1,961 First Street Apartments High -Riso Apartments 264 DU 19 57 76 54 351 89 1 1,067 Project Differential (120) DO 1 (15) (52) (67) (44) (33) (77) (894) Trip Generation Rates Land Use LTE Land Use Code Units AM Peek Flour PM Pack Hour ADT In Out Total In Out Total High -Rise Condomfnimn 232 1 DU 0.06 0.28 0.34 0.24 0.14 0.38 4.18 Specialty Retail 814 SF 0.99"' 0.77f' 1.76x) 1.19 1.52 2.71 44.32 High -Rise Apartments 222 DU 0.07 0.23 0.30 0.21 0.14 0.36 4.20 (1) ITE Trip Generation Manual 8w Edition does not provide a trip generation rate for calculating AM trips. Therefore, the trip generation rate that was used in the approved First and Cabrillo Towers Project Traffic Impact Study dated March 2007 was used in this report. Based on the trip generation comparison the proposed project will reduce 67 AM and 77 PM peak hour trips at the project access locations and to the adjacent roadway network. TRIP DISTRIBUTION/TRIP ASSIGNMENT The project trips were manually distributed at the proposed access locations based on its design features, proposed land uses, available turn movements, accessibility to residence and visitor parking areas/parking structure and, proximity to the local and regional roadway network. The project trip distribution is shown in Figure 4 and is consistent with the approved First and Cabrillo Towers Project Traffic Impact Study dated March 2007. The AM and PM peak hour volumes for Driveway 1 and Driveway 2 is shown in Figure 5, SITE ACCESS AND CIRCULATION The project will have two (2) access locations. Driveway 1 is an existing driveway located off of Cabrillo Park Drive. The driveway is restricted to right -turns in/right-turns out and is stop sign controlled. 3 AM and 6 PM inbound peak hour trips and 30 AM and 19 PM outbound peak hour trips are projected. The driveway will access a 20' wide fire lane along the northern property line and consists of one (1) inbound lane and one (1) outbound lane. A new gated entry into the existing parking garage will be installed approximately 305 feet east of Cabrillo Park Drive. As shown on the proposed site plan, this distance is also the effective driveway throat. Therefore, Driveway I will be able to accommodate the projected trips. 75A -190 8112113 Figure 4 Project Trip Distribution First Street Apartments, Santa Axis 7 75A -191 irzadeh 8112113 Figure 5 Project Driveway Peak Hour Volumes First Street Apartments, Santa Ana 75A -192 Pirzadeh Driveway 2 is an existing driveway located off of East 1st Street. The driveway is restricted to right and left -turns in/right -turns out and is stop sign controlled, A total of 16 AM and 48 PM inbound peak hour trips and 27 AM and 16 PM outbound peals hour trips are projected. The projected eastbound left -turn movement, 6 AM and 19 PM peak hour trips, will utilize the existing 140' left -turn lane. The existing signal at East ht Street and North Golden Circle Drive will provide adequate gaps for the left -turn movement. The driveway will access a 20' wide fire lane along the eastern property line and consists of one (1) inbound lane and one (1) outbound lane. A new gated entry into the existing parking garage will be installed approximately 260 feet north of East 1st Street. As shown on the proposed site plan, this distance is also the effective driveway throat. Therefore, Driveway 2 will be able to accommodate the projected trips. Both access drives provide direct access to the existing parking garage for the project that will accommodate resident and visitors parking needs. The north fire lane connects with the east fire lane to enable site circulation from Driveway 1 to Driveway 2. A drop - offfioading area is provided on the north fire lane approximately 80 feet east of Cabrillo Park Drive and a covered loading area is provided at the northeast corner of the project site. It should be noted that the existing Driveway 1 and Driveway 2 serves an existing 3- story commercial building and the project site was previously approved for 374 residential dwelling units and 8,957 square feet of specialty retail, The proposed project will generate fewer trips and have less impact at the existing driveways, Gate Stacking Analysis The County of Orange Environmental Management Agency (EMA) Standard Plan No. 1107 criteria is being utilized for determining the amount of vehicle storage length behind the garage entry gates for the proposed residential project. This standard requires that gates be set back between the prolongation of the near curb of any public street and the gate to provide one (1) foot per dwelling unit or a minimum of 100 feet of storage for entering vehicles to stack without interfering with the through movement along the adjacent public street. The project is served by two (2) parking garage entries that will be gated. Entry 1 is located off of the northern fire lane approximately 305 feet east of Cabrillo Park Drive. The gate is located at the face of the parking garage and is 22 feet wide that provides one 11 -foot inbound lane and one 11 -foot outbound lane, The entry widens to a 24 -foot parking aisle inside the parking garage, see Hgure 6. It should be noted that the parking garage is existing. The only modification is a project feature that will install the gate at the face of the parking garage. Driveway 1 is projected to have 3 AM and 6 PM peak hour trips. The distance between the prolongation of the near curb along Cabrillo Park Drive and the gate is approximately 317 feet, Entry 2 is located off of the eastern fire lane approximately 260 feet north of East 1st Street, The gate is located approximately 38 feet inside the parking garage and is 24 feet wide that provides one 1.2 -foot inbound lane and one 12 -foot outbound lane, see Figure 7. The parking garage is existing and the only modification is a project feature that will install the gate inside the garage. Driveway 2 is projected to have 16 AM and 48 PM peak hour trips. The distance between the prolongation of the near curb along East 18t Street is approximately 290 feet. 75A -193 9112/13 N.T.S. Figure 6 Gated Entry 1 Pirzadeh First Street Apartments, Santa Ana 10 75A -194 I EMAM nowi mill! TICIMIlik 9112/13 N.T.S. Figure 6 Gated Entry 1 Pirzadeh First Street Apartments, Santa Ana 10 75A -194 LJE LJ ri fl rl Avo c"Illou U) Lli 12 CD • m cq o"Z .4 cc ZI 2 , ham. QN1 fi 3 o EZ Cd rt cq uj 5 LA 4 IN, 06 1 a 0 - - I PULL, i-MlAm----,iffffmi 14, 77 vi 75A -195 11 11 The proposed gate operation at Entry 1 is a 22 -foot wide security gate that will open from one end and at Entry 2 is a 24 -foot side security gate that will open from one end. Both of the gates will be open during the day and closed at night. There is another rolling gate inside the parking garage that will separate the visitor parking and the residential parking. Therefore, based on the entry design shown on the plans, the operational characteristics of the gate mechanisms, and the setback of each gate from the adjacent public street we have determined that the vehicle stacking area at the gated entries provides adequate storage capacity that will allow vehicles to enter the site without interfering with the traffic flow on the adjacent public street. Parking The proposed project will modify the existing 4 -story 664 space parking garage to provide 531 shared parking spaces (including 51 visitor parking spaces) and 28 private parking spaces for a total of 559 parking spaces. In addition, a curb cutout will be provided along Cabrillo Park Drive for on- street parallel parking. The cutout is approximately 95 feet long and 8 feet wide. Based on the City requirement of 20 feet long parallel space and 5 feet of buffer, a total of 4 vehicles can be accommodated at the cutout (see Figure 8), These parking spaces will also provide short term parking close to the support service retail which may be used by project visitors or by pass -by traffic. The design of the cutout is not expected to impact the thru movement on Cabrillo Park Drive. Furthermore, the cutout ends approximately 260 feet south of Driveway 1 and is not expected to impact the operation of the driveway. REQUIRED MITIGATION MEASURES AND /OR RECOMMENDATIONS Based on the results of the Traffic Analysis there are no required mitigation measures needed to support the project. It should be noted that the proposed First Street Apartments project will continue to provide its fair share for the mitigations identified in the approved First and Cabrillo Towers Project Traffic Impact Study dated March 2007 prepared by EIP Associates. CONCLUSIONS This report presented the findings of a Traffic Analysis carried out for the proposed First Street Apartments project, 254 residential apartment units and 2,424 square feet of support service retail, which is located at the northeast corner of Cabrillo Park Drive and East 1st Street in the City of Santa Ana's Metro East Mixed Use Overlay Zone. The design characteristics of the existing access driveways proposed to serve the site were evaluated based on projected entry and exit peak hour volumes. Based on this evaluation it is concluded that the project access driveways have adequate carrying capacity for the projected demand and pose no significant impact to the adjacent roadway system. It should be noted that the proposed project will be develop 120 fewer residential dwelling units and changing the 8,957 square feet of retail/commercial use into 2,424 square feet of support service retail use. Therefore, the proposed project will reduce 67 AM peak hour trips and 77 PM peak hour trips at the project access locations and to the adjacent roadway network. 12 75A -196 f 8' RED CURB N.T.S. is c N 1' TYP. o N CURB 100' Project N site 1' TYP. - o N 8' RED CURB 'G 70' w 0 U East let Street 8112113 Figure 8 On- Street Parallel Parking Detail Pirzadeh First Street Apartments, Santa Ana 13 75A -197 Appendix A Scope of Work 75A -198 FIRST STREET APARTMENTS TRAFFIC ANALYSIS SCOPE OF WORK July 1, 2013 The proposed project, First Street Apartments, consists of 250 residential apartment units and about 2,000 square feet of support service retail to be located at the intersection of First and Cabrillo in the City of Santa Ana. The area -wide traffic impacts of the proposed project site were previously analyzed for a 374 unit Residential Condominium and 8,857 square foot specialty retail project that was previously approved for this site. The proposed project trip generation is significantly less that the previously approved project. Therefore it is proposed that a focused Traffic Analysis be conducted to provide the evaluate the design of the project circulation and access drive elements and to further evaluate any required traffic control measures at the project access drives. This analysis will also provide a comparison of the project trip generation to the trip generation of the previously approved project for the site. It should be noted that the proposed project will continue to provide its fair share funding of the mitigation measures identified at the two impacted intersections identified in the March 2007 First and Cabrillo Towers Project Traffic Study. The study will include the following sections: I. EXECUTIVE SUMMAS.Y This section will provide a short, clear and concise description of the Project, background, and the Traffic Analysis findings. Also, included in this section will be a general description of all data, conclusions, mitigation measures and/or recominendations. II. INTRODUCTION This section of the report will include a comprehensive description of the Project and key elements of the Traffic Analysis including the project site location, existing uses, proposed project, study area, and existing description of the adjacent roadway network will be discussed. The Traffic Analysis will evaluate the proposed access driveways. III. TRIP GENERATION The trip generation for the proposed project will be based on the Institute of Transportation Engineer's Trip Generation Manual, 8th Edition for a high -rise apartment development. The trips being generated by the proposed project will be compared to the trips contained in the approved First and Cabrillo Towers Project Traffic Impact Study dated March 2007 prepared by EIP Associates. The comparison will demonstrate that the decrease in the number of units will result in Approved: Date: Page 1 75A -199 significantly fewer peak hour and daily trips being generated by the proposed project than were previously analyzed with the underlying approved project. rV. SITE ACCESS AND CIRCULATION The operational characteristics and design features of the proposed site access on First Street will be evaluated based on the projected inbound and outbound volumes at the driveway, The on -site circulation will be examined to ensure that there is adequate maneuvering area available for residents and visitors to access the parking structure. A gate stacking analysis will be conducted for the gated entries using the County of Orange Environmental Management Agency (EMA) Standard Plan No, 1107 to determine the vehicle stacking requirements for the proposed project. VII. REQUIRED MITIGATION MEASURES AND /OR RECOMMENDATIONS VIII. Based upon the results of the Traffic Analysis physical, operational improvements, and/or identifying fair share costs required in order to mitigate any potentially adverse Project impacts will be identified in the Traffic Analysis, A summary of the results of the Traffic Analysis and recommended improvements, if any, will be provided. PAI 14316(1)- MrstStr eetApts07012013.Traf[ie"alyeiq Scope- mise.pkp Approved: Date: Page 2 75A -200 CHAPTER 4 Mitigation Monitoring and Reporting Program 4.1 INTRODUCTION The Calfi oniia Environmental,Qnalily Ar! (CEQA) requires the adoption of feasible mitigation measures to reduce the severity and magnitude of potentially significant environmental impacts associated with project development. The Final Environmental Impact Report (Final EIR) for the proposed Metro East Mixed Use Overlay Zone FIR (State Clearinghouse No.2006031041) located within the City of Santa Ana (City), includes program and project - specific mitigation measures to reduce the potential environmental effects of the Overlay Zone, as well as the First and Cabrillo Towers Project. Monitoring of the implementation of adopted mitigation measures is required by Public Resources Code Section 21081.6. The Final EIR for the proposed project provides a list of mitigation measures, and describes the process whereby the m ligation measures would be monitored. Following certification of the Final EIR and approval of this 11- litigation Monitoring Program (NM) by the City, the mitigation measures included in the Final EIR would be monitored as described in this MMP. It should be noted that because this EIR contained program- and project -level components, two separate MMP tables are presented as part of this NIMP for the Overlay Zone and for the First and Cabrillo Towers project. 4.2 PURPOSE The purpose of the proposed Overlay Zone EIR MMP is to ensure compliance with all mitigation measures to mitigate or avoid potentially significant adverse environmental impacts resulting from the proposed project that were identified in the Final EIR. Implementation of this NIMP shall be accomplished by the City of Santa Ana. Mitigation measures will be implemented (1) as part of design development of the project, (2) during project construction, or (3) as part of project operations. 4.3 RESPONSIBILITIES AND DUTIES In general, monitoring will consist of demonstrating that mitigation measures were implemented, and that the responsible unit monitored the implementation of the measures. The responsible unit for determining compliance with all mitigation measures will be the City. Monitoring will consist of determining whether • The specific issues identified in the mitigation measures were considered in the design development phase • Construction contracts included the provisions specified in the mitigation measures • The required actions specified in the mitigation measures occurred prior to or during construction • Ongoing administrative activities included the provisions identified in the mitigation measures Metro East Mixed Use Overlay Zone (Volume Ill) 41 7"9204 101`18 Chapter 4 Mitigation Monitoring and Reporting Program Any concerns between monitors and construction personnel shall be addressed by the City of Santa Ana, Planning Department, 4.4 LIST OF MITIGATION MEASURES As mentioned above, due to the program- and project -level components of this EIR, the MMP has been divided into two parts to address each component separately. The mitigation measures that pertain to implementation of the Overlay Zone and their method of implementation are fisted in Table 4 -1. The mitigation measures, which include several m dgadon measures from the ptogram -level component, that pertain to the First and Cabrillo Towers project are listed in Table 4 -2. All project- specific mitigation measures included in the Final EIR for this project would be monitored as described above. The mitigation monitoring matrix on the following pages is formatted to parallel the format of the Executive Summary table contained in the Final EIR. The matrix identifies the required mitigation measures, the time frame for monitoring, and the responsible monitoring agencies. It should be noted that the mitigation measures from Volume I that are contained within Table 4 -2 have been modified slightly so as to directly apply to the First and Cabrillo Towers project. 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N h iE U rn J C N N O c I L oVi T Olw V ti� N U O m d O) N�� 'r u b bl 0 o YJ C N `O • I � q-' d xN � N t0 C N F 1= O OJ O d N V� p T N v> N a V • 1 ` U 'O E �n tOJ 4 4%! Y [Cm� i/1 G d 6 l] N -5 C N d -.,m N s O d U J C +� ^' y �` S O. .G N= A w :� d 0. N .O J E N N (�1 N N C E A G Ui.1 F> d Q N C U F 1dq N N O p F.._ S] 7 `O U" 6. • d C L U J C C1 a t .-..O- 'F �}. L U ..J.. '� N N N 10LWNC.0 IU OdO d.LD d,a0'ON N-TE N.Cd • L. d T� }i C N C b o o'er O^ N ¢'O O b d N C3.�'aS d P. d O. d O O O. N d C N V L d E N O O d` 'C 'J jp C d N (7 U L�..0 N N OI O E U (n } G } ✓ N> 'o o a `o > w .... m F Q > d o v N> v d •a n .Z ,� ..-. •°-' d .Y m aci d c u d o o d d oo d p c d s a d d d{ U d N C •-• F U -O d N U L? u N d Qi 'Ei g� d H 50a dQtU N d > °m o rn£v !CE VL- c V i~ o'J d X d i/1 N 'C V? N h A d d C d N C N U C G E'a.1QC eA .o °m vat cad o'd'�O�CJ Ey'6rnv�G'LO V'p vu0 U u N D d d tJ > N b 3 d J c N rt .do 7 N E a u N N o 9 .. 2 V'E o o d S o _e Rrn FL o a d V 1O N �2 '=O on VJ O- U N .0 OV d 'Ty N PL U N FO U c E >0 Q U X U ._ 'r G }}}QQQ N O a d G O !F O d yl h 'O Q lQ fO d U C� F .Cn u v' N aEi U c c m Ga�cO'5md E c aT E m a cn f R p '> a 75A -gO4 of d E d C N ro f l a C C 0 :C c 0 S C O b0 u a c ,u v c • � c m c a c .n a p � .`qu � v • CU1 C Ui C � V1 �l � T y� m � � N C G�i 1/ c C1 'vou^a t «� tY O� °�� tai'° 0+ -'.5'= �mw v•3 C J] N C� L P, N b• U a 'O w (c n c Ob u ° 'O ° v c a 'c N N u E b ¢ y N N •A L' � :6 v v 3 ° O N 'E3 42 Do N w u mU "'3 NoaNC��• =a vai uZ o a-Z' a"aEi •vm ad crn�u 'LVNi o1�i1 �•O��c 5 m- m 1^ 0 N¢ `j • .,FC• u.. v e"vi .v m a& U E m v v a v %r °¢ �°-. N ° m `ii c w lU ` L N N C 7 °I 4=. 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VI N N N C N EL v 6 y E U v o o L °� L N O n o ° NO .1] N T 0 p C E4;21 Q'v "w Eouom�m�'.E 75A -210 10 of 18 ti \I 4 ro U 75A -211 11 of 10 O V G O ,G 0_ d c� Q d 'o d Y a m m o �, oW>- b �} p N U I7 d N N ro � o � O_ U Q ro 1I1 O � C B O LL O D N N NQ. Z W Ow 4 G @ C T4 � d G L r .. E o 3 = 3 E •' w0 > m O N mLL BEd C O } O �p O 4 � �nacn N O O ,NO y •- ? N v d `o m m v T p E a vE'v N C YY a� d EJz > 3 ro Q U b 01 C N u 3 E �aNCy °c' o G o C P O N_ 'C O 'C ry 0. U Ev W O 0. U 0.0 c J 7a 0 Q ¢ rn`< rn 6 d E N c 1 d . p am'� a am I `o m ,fu o 1O w d.0 --C= o m a— G L c W Ql LL 0 Ep . `w m N U m L u v od c° E t5 0 vLL o O. rrl c C Y- t C) `U L 10 N N t y� _ V LD LLu L L 6 O • LL .rri. ro E d ro 0 (0 O 3 . I y�� o ?u ti E c in rn° 5 api d m V m v to Nam m 1°o E c E F! vi o m �rO m ro O a C`>' ro N N rli Eat m e U> m o ro °E'ymoro OL =o�S Nei tJ : m (O d C .O U (0 C@ d C QG m ALL„ 2< J p N .`L � N (O r 1`/1 d N ro N C C d 1 C U 4 dLL . N ° ro AR C Q N Q L'T IO (R IO 6 (] ry ♦! 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FL-c m ti 'tU �i • C vi C` N N N Q E L O E z` o O o U a 'NO A 5 d@ E c N E o v N •d NN n.�NC w E at ivE�G 15 oo m LvNi Q,F•v q N a� w o N N yl y °='x2 H a N Q O Ul Qj C C N N N N g d q C N .0 N o@ @ v o N c m o °m mo �.`9 aoEm$ m qNm Eo I� IL 1G .G N '.Z• C' (p N O c'.` t i2 U L .�oo� yl O t] O U3 N a p o,... m L m C Ln C 1U a U. y C °u 1T N [J N a u O y = O 6 a N N •'•OO a3i ¢ Pi H m 3 v ¢ °l _N E v'in QM w A' E m o � I N maa d SnN ^^ N N @ y1 N Q ` Y E.E s T @ •p O I W a y q d C C E Y �NCO1'f@+w o�m 75A -212 12 of 18 C A 0 U N q .n Q d 0 a a � m � c `O ro a am Gl m m 0 0 N O a E v S] 0 N ^ N L c N O :e` m @ o C o � N b ry c 0 � N d ti a n WE C N N 2 v U a � N ° Ol � � W N E c 0 N @ v O' N w E 1 OR b ro Q 0 bd x• V N CL @ t U LLyN C S e � ° a o C C :C UU C R < m OI C @ O W m c L, a C a cL7 a c27 C G ¢ d Q e ri • 0 a LLyN C S e � 'O a O �Q C PI C d m C R < m OI C @ O W m L L, SY C D C C @ E N E L`, o °o¢ m o�oR• -v 1 o aEi o a a N s'S a N aJ C O 1.f O a R u E w v m U c R .c v . o : . c . , u •a�° a c a � o.o v v c a a> a w a s d d , i0: a .° R N C 41 tJ C �.. .G O 6 O. 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C o E 'L O UN Fy'A r E= C_ L 'J N c O G G in a k .R '--ice U .a E �iJ ° • 1 U° a U� C U 0) L~" C a _l N R G U U v "O .G] �� C O. .� N a E' R `o o v '0 .c a y o a:� o a° a •a ° Pia a o L= 'o R c m 1O o N c a v u o. rn a ' � c v 3 r m m [/O 3 .iOv C _c ' Ri rn G G 3 I NG 1 S_q ' .'c�O 42 1 C (c U O 10 1 V .Gp° U E O -} � ;Sp A y N .rE M i � ao0 ° P �YR d 'C c � 'm �a -; mV d o°° s-° N NU m ° C - pC '1••.N C ' — Z 3 m a 6 i O W R u CO E C O L > a C C � O O Ci N Si CO � C L 0 0 _R m a 0 z @ d c to 75A -213 13 of 18 O U 0 U 0 0 U U v d U .Q m ¢ U abi T G 3 v m O 4Y a ✓=r b A C O N m 15 N CL I/1 a- w @ am am am am a a a m O Q al O M4; 0 da=0 2m O�U U U U U U U v d U .Q m ¢ U abi T G 3 v m 4Y a n a R a A Y G 15 Y m w w @ am am am am a a a m U U U U b d v d v d v y w q m ¢ m abi T G 3 v m C v N o y - - N am am am am U @ @ C p (n T in a � L L p O 0 N L C E o aKi ° v Q 75A -214 14 of 18 J N 4S Z y p c U o O N d u b d 8 o E E U O fU � N N ry aC E IG O 'n L pl i" UI O N m c C � CI @ N 0 N C w "o m m Sc' O C d O N •@ C � C u E O C N V � W @ O V a` z E E c a N @ N a 0 X m 1O C O U D� d b @ R N N C d � T u ° abi T G 3 v m v N o y - N y N L y N a 2 U 2,P L @. G B d N CI YI iO R U C= N y N O Q al O M4; ✓I N R.0 p R C w .0 N' VIJ N N U d> to m =° Ql L N L E m U C O ,T ' d g? C O N C'O d Ol U b u Q N N Ul N N N N jp d C ill b Vl v Q O u � I.'�' N O N N 6� v y a@ 6 �. o O v°roIn C O @ y4;,y O U @ @ C p (n T in a � L L p O 0 N L C E o aKi ° v Q 75A -214 14 of 18 J N 4S Z y p c U o O N d u b d 8 o E E U O fU � N N ry aC E IG O 'n L pl i" UI O N m c C � CI @ N 0 N C w "o m m Sc' O C d O N •@ C � C u E O C N V � W @ O V a` z E E c a N @ N a 0 X m 1O C O U D� d b @ R N N �NE m °uE ^0 E c N m rn S y N L y N a 2 U 2,P L @. G B d N CI YI iO R U C= N y N O Q al O M4; ✓I N R.0 p R C w .0 N' VIJ N N '.r° d> to m =° Ql L N L E m U C O ,T ' d g? 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F 1� a 4 i M al)jI a Emil Nll Irk €R I 7 N-� lw 01 n Is V fl Im W z o 0 C, —IT M U z L Z - 7A j tu < L > f !I 1.4 uj -1 J, ci Ir a r r p1 i= 0 En LU LZ F D q;IN -4 VA, 7 l r Y- 1 1 1, Z All -Nj 11 t 31; w a w ~ W� i;og�e yea I 644k0xffi RaiC7a LL I�R X39 le { e3 E xa saSa �38�K m t It If it it N HM al # 8! ! F • € 3{� # t {� {{11 € is € a! F € ! t €. {3i€ s {r i F J A! $ l if j{ #F { 31 u I l II . p ES e a ! Hill 33! ,IlFI finH4141 �1I gh !�e13IHill !v 'r111a f i „i II• a' 1 1 �i , �! {� #f f [. [€ # � �II (,., #, =aa{ 1. {, a {i ;l aal # { €Fj•�# 1 { I #{ Ifjf I { # ## € ° {i p� �' (l�l{j �`y� P s Fe, , ii f,l V� 1FO i { f's it f { 3 S ! I s,4{x r((,{ , a3 "Ill {, r ajj.f'pp i i ,_77 a ,Fi i F VVa 'till a !1 3 l ii! F€ '{ -3 )i j a,aF� 31 x lial a , # {'{{Si {{ a , ', {,ll ai #•f #ia {a {ijF{ a # ` #if € { t l Fe.i , IF ji„ +Fill ae, {3 , €f i, },li)` }€ lilt {,, ,,tii a il�3a l,l° 1 {I#' i�l3i {i, ! i y ! ! as t o €il a 3 I Mlle ;: {F i #I {t{ P ! A a3 { + {P #I {la #I aFl ,## ?:,{!{,# a#{ I{ IIF} tl�t ,ai {1� ;�{a��jll1 =ll { {Ilsl { {88 i �l ±l 3 ..S_�;�1 HIM LM A Ld — {4 s ;a aZ I _ mm �Fx. JS CD pp d3 LL g iJ m i f aaasxe Olt I 9 RpB$n W d � � €[[ 6 {i{f E[[ii Ei a E €a6� is s� yx s 6$ �]iC�z3 9699 a'SS �a a 3ua{� LSY; ;Es All iS:e 0 a P n z 4 } t- d) ! ]9 Y' Vlt +f 3 �! Ll €7; 9e�s Licn of 19 s e?r =ia ty�yf yQy.f.'g x- �S�ff &�g6a^f $FQ�yi gg at gg gg �g +g f! zp ia$ aefa.ei� r�iYE°9!H'4pE�41Y� a -E ri5.fio }�g OtJ0U0 G p P i P� c� W G',� p2 / R / .f K, g'1 g €gj 8� Rk F (ROH 10/21/13) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LYON HOUSING (FIRST STREET) XLVIII, LLC 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 is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Amendment to Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, on August 26, 2013, recommended approval of this First Amendment to Development Agreement. D. Entering into this First Amendment to Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the owner of 1901 East First Street to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. E. The City Council has held a noticed public hearing on this Ordinance and has considered all testimony presented thereto. F. The previously adopted and certified Final Environmental Impact Report EIR for the property, No. ER 2006 -01, and its Addendum, have been approved and certified by this Council by resolution simultaneously with the introduction of this ordinance. Ordinance No. NS -XXX Page 1 of 3 75A -238 G. The proposed project will not adversely affect the General Plan, as is expressly set forth in the Request for Council Action dated October 21, 2013, together with all supporting documents, including but not limited to, proposed resolutions, which are incorporated herein by this reference. Section 2. The Amendment to Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City with such non - substantive changes as may be authorized by the City Manager and City Attorney, The Clerk of the Council is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. Section 3. This ordinance shall not be effective unless and until Resolution No. 2013- is adopted and becomes effective. If said resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. 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. ADOPTED this day of .12013. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney M Ryan 0. Hodge Assistant City Attorney Miguel A. Pulido Mayor 75A -239 Ordinance No. NS -XXX Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A -240 Ordinance No. NS -XXX Page 3 of 3 75A -241 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M -30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE & 6103 FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and LYON HOUSING (FIRST STREET) XLVIII, LLC Dated: , 2013 Exhibit 1 067619 \5448832x5 75A-242 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LYON HOUSING (FIRST STREET) XLVIII, LLC, a Delaware limited liability company This FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ( "City ") and LYON HOUSING (FIRST STREET) XLVIII, LLC, a Delaware limited liability company ( "Owner "). The City and Owner are referred to jointly within this First Amended and Restated Development Agreement as the 'Parties" and individually as a 'Party." 1. RECITALS. The First Amended and Restated Development Agreement is entered into with reference to the following facts: 1.1 The Property. The real property which is the subject of this First Amended and Restated Development Agreement is located at 1901 E. 1st Street in Santa Ana, California (the 'Property'). The Property is more particularly described in Exhibits A and B to this First Amended and Restated Development Agreement. The Property is a 5.1 acre parcel within the Metro East Mixed Use Overlay Zone that is located at the northeast comer of First Street and Cabrillo Park Drive. The Property is bounded by multi- tenant office buildings, a parking structure, and Kaiser Permanente medical offices to the north, low -rise office buildings and retail development to the East, First Street to the South, and Cabrillo Park Drive and a 15 -story Xerox Centre office building to the West. The Property was previously occupied by a two -story, 75,300 square foot building (the "Main Building ") and an existing parking structure with approximately 660 parking spaces (the "Existing Parking Structure "). The Main Building has been demolished, but the Existing Parking Structure remains on the Property. 1.2 The Original Agreement. (a) On April 2, 2007, the City Council of the City of Santa Ana (the "City Council') adopted Ordinance No. NS -2741 approving a Development Agreement between the City and 1901 E. 1st Street Partners, LLC (the "Original Agreement'). Ordinance No. NS -2741 became effective on May 2, 2007, which became the effective date of the Original Agreement. 067619 \5448832v5 t 75A -243 (b) Before approving the Original Agreement, the City Council certified Environmental Review No. 2006 -01 for the Original Agreement and the development proposal which was the subject of the Original Agreement (the "Original EIR "). (c) Both this First Amended and Restated Development Agreement and the Original Agreement pertain to the Property. (d) 1901 E. 1st Street Partners, LLC, a Delaware limited liability company, was the owner of the Property at the time of the Original Agreement (the "Original Owner "). (e) On September 30, 2012, Owner acquired the Property from 1901 Santa Ana Land, LLC, a Delaware limited liability company and a successor of the Original Owner. (f) By entering into this First Amended and Restated Development Agreement, the City Council approves the assignment of the rights and delegation of the obligations under the Original Agreement to Owner. 1.3 Purpose of this First Amended and Restated Development Agreement. (a) The purpose of this First Amended and Restated Development Agreement is to facilitate the development of the Property. This First Amended and Restated Development Agreement is not a new development agreement, but rather an amendment and restatement of the terms of the Original Agreement. The purpose of this First Amended and Restated Development Agreement is to (1) reflect a revised development plan for the Property and (2) extend the term set forth in the Original Agreement. (b) Owner proposes to develop on the Property a new 264 -unit multifamily residential development (the 'Project'). The Project will consist of a new 5 -story low -rise Type III -A building containing 250 units to be constructed against the west side of the Existing Parking Structure and a new 3 -story Type V -A townhouse building wrapping the south and east sides of the garage containing 14 townhouse units. A 5,000 GSF clubhouse and recreation deck with pool will be added over the southern half of the Existing Parking Structure. The project will also include approximately 2,424 SF of retail space on the corner of First Street and Cabrillo Park Drive. 067619 \5448832x5 2 75A -244 1.4 Code Authorization. City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into Development Agreements with persons having legal or equitable interests in real property for the purpose of establishing development certainty for both the City and Owner in the development process. City enters into this First Amended and Restated Development Agreement pursuant to the provisions of the Government Code and applicable City policies. The Parties acknowledge: (a) This First Amended and Restated Development Agreement is intended to assure adequate public facilities at the time of development. (b) This First Amended and Restated Development Agreement is intended to assure development in accordance with City's General Plan, applicable Specific Plans and the Metro East Mixed -Use Overlay Zone. (c) This First Amended and Restated Development Agreement will permit achievement of goals and objectives as reflected in the City's General Plan, all applicable Specific Plans and the Metro East Mixed -Use Overlay Zone. (d) Owner is required by existing City regulations to provide mitigation for certain identified impacts and pay certain regulatory fees as conditions of approvals through the regulatory process. (e) This First Amended and Restated Development Agreement will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. (f) Many of the extraordinary and significant benefits identified as consideration to City for entering into this First Amended and Restated Development Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. 1.5 Owner. Owner represents and warrants that it has a legal or equitable interest in the Property. 067619 \5448832v5 3 75A -245 1.6 Interest of Owner. Owner represents that it has approved this First Amended and Restated Development Agreement and is authorized to enter into this First Amended and Restated Development Agreement. 1.7 Public Hearings. The Original Agreement was the subject of a series of Planning Commission and City Council public hearings in 2007. In addition, this First Amended and Restated Development Agreement was the subject of the following public hearings: (a) Planning Commission. On August 26, 2013, the Planning Commission, after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this First Amended and Restated Development Agreement and the environmental documentation evaluating the potential impacts of the First Amended and Restated Development Agreement. (b) City Council. On September 16, 2013, and continued to October 21, 2013, the City Council, after providing notice as required by law, held a public hearing to consider Owner's application for this First Amended and Restated Development Agreement (c) Environmental Analysis. Before approving this First Amended and Restated Development Agreement, the Planning Commission and the City Council reviewed an Addendum to previously prepared Environmental Review No. 2006 -01 and the City Council approved the Addendum (the "Addendum "). 1.8 City Council Findings. The City Council finds that this First Amended and Restated Development Agreement is consistent with the General Plan, applicable specific plan(s), applicable zoning regulations, and all other applicable ordinances, plans, policies and regulations of the City. 1.9 City Ordinance. On , 2013, the City Council adopted Ordinance No. approving this First Amended and Restated Development Agreement. That ordinance becomes effective thirty (30) days after the date of adoption. 2. DEFINITIONS. In this First Amended and Restated Development Agreement, unless the context otherwise requires: 2.1 "Amendment Date" means , 2013, the date on which the Adopting Ordinance became effective. 067619 \5448832v5 4 75A -246 2.2 "Applicable Rules" means all rules, regulations, ordinances and official plans and policies of the City in force as of the Effective Date as included within the Santa Ana Municipal Code ( "SAMC "), the Metro East Mixed - Use Overlay Zone, this First Amended and Restated Development Agreement and the Entitlements, as defined below. 2.3 "Effective Date" means May 2, 2007, the date upon which the ordinance approving the Original Agreement became effective. 2.4 "Entitlements" means this First Amended and Restated Development Agreement modifying Development Agreement No. 2007 -01, Environmental Review No. 2006 -01, the Addendum, General Plan Amendment No. 2007 -01, Vesting Tentative Tract Map No. 2013 -4, Zoning Ordinance Amendment No. 2007 -01, the Metro East Overlay Zone Public Realm Improvement Plan, Site Plan Review Approval No. 2013 -3, and any changes to these to which Owner has consented in writing. 2.5 "In Lieu Park Development Fee" means the fee to be paid by Owner to fully satisfy all park - related obligations of the Project as provided in Section 5.10 below. 2.6 "Owner" means Lyon Housing (First Street) XLVIII, LLC, a Delaware limited liability company. 2.7 "Original Agreement' means the Development Agreement between the City and 1901 E. 1st Street Partners, LLC approved by the City Council on April 2, 2007, by Ordinance No. NS -2741. 2.8 "Original Hearing Date" means the date on which the City Council conducted the first reading of Ordinance No. NS -2741 approving the Original Agreement. 2.9 "Project' is the development on the Property of a 264 -unit multiple family residential development and approximately 2,424 square feet of retail space as generally set forth in the Entitlements. 2.10 "Property" means the real property described in Exhibit A and referred to in Exhibit B. 2.11 "Public Art' is defined in Section 5.1.7. 2.12 "Public Art Fee" is defined in Section 5.1.7 2.13 "Public Art Plan" is set forth in Exhibit C to this First Amended and Restated Development Agreement. 067619 \5448832v5 5 75A -247 2.14 "Reserved Powers" means the rights and authority excepted from this First Amended and Restated Development Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the power to enact and implement rules, regulations, ordinances and policies after the Effective Date that are not in conflict with the Applicable Rules or that may be in conflict with the Applicable Rules, but: (a) prevent or remedy conditions which the City has found to be injurious or detrimental to the public health and /or safety; (b) are Uniform Codes; (c) are required to comply with mandates under state and federal laws, rules and regulations (whether enacted previous or subsequent to the Effective Date) or to comply with a court order or judgment of a state or federal court; or (d) relate to increases in development impact fees occurring after the Effective Date. 2.15 "Uniform Codes" means those building, electrical, mechanical, fire and other similar regulations which are based on recommendations of a multi- state professional organization and become applicable throughout the City, such as, but not limited to, the California Building Code, the California Electrical Code, the California Mechanical Code, or the California Fire Code (including those amendments to the promulgated Uniform Codes which reflect local modification to implement the published recommendations of the multi -state organization and which are applicable City -wide) 2.16 "Utility Release" means the formal approval of the City Building Department, following its inspection, that residential unit(s) may be released for initial connection to the electrical power system, water service system, gas service system, and sanitary sewer system. Utility Release(s) do not include temporary utility service provided to any structure during construction. 3. EXHIBITS. The following documents referred to in this First Amended and Restated Development Agreement are attached to this First Amended and Restated Development Agreement and are identified as follows: Exhibit Designation Description Referred to in Section A Property Legal Description 1.1, 2.10 B Property Graphical Description 1.1 C Public Art Plan 2.13, 5.1.7 067619 \5448832v5 6 75A -248 D Offsite Improvements 5.1.8 4. GENERAL PROVISIONS. 4.1 Term of First Amended and Restated Development Agreement (the "Term "). The ten -year term of the Original Agreement started on the Effective Date of May 2, 2007, and would have ended on May 2, 2017. This First Amended and Restated Development Agreement shall extend the end of the Term to ten years after the effective date of the ordinance approving this First Amended and Restated Development Agreement. 4.2 Assignment. Owner shall have the right to transfer or assign the Property, in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or corporation at any time during the term of this First Amended and Restated Development Agreement; provided, however, the rights of Owner under this First Amended and Restated Development Agreement may not be transferred or assigned unless the written consent of the Council is first obtained and any transfer or assignment of the rights under this First Amended and Restated Development Agreement shall include in writing the assumption of the duties, obligations, and liabilities arising from this First Amended and Restated Development Agreement if the City grants written consent to transfer the rights. Nor shall the rights of the Owner hereunder be subject to assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act, and any such assignment or transfer of the rights under this First Amended and Restated Development Agreement shall be wholly void and of no force and effect unless such written consent thereto be obtained from the Council. A transfer or assignment of the rights under this First Amended and Restated Development Agreement without the consent of the City shall not relieve Owner of any accrued duty, obligation or liability to City. No consent shall be required for sale of units to condominium unit buyers. During the term of this First Amended and Restated Development Agreement, any approved assignee or transferee of the rights under this First Amended and Restated Development Agreement shall observe and perform all of the duties and obligations of Owner contained in this First Amended and Restated Development Agreement as such duties and obligations pertain to the portion of the Property transferred or assigned. Any and all approved successors and assignees of Owner shall have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this First Amended and Restated Development Agreement. If the Property is subdivided, any subdivided parcel may be sold, 06761%5448832v5 7 75A -249 mortgaged, hypothecated, assigned, or transferred to persons for development by them in accordance with the provisions of this First Amended and Restated Development Agreement. Upon assignment or transfer of the rights of Owner under this First Amended and Restated Development Agreement, the obligations of Owner and the transferee or assignee shall be joint and several. Should the Project be developed as or later converted to condominiums, individual condominium unit buyers shall not have any liability or obligation pursuant to this First Amended and Restated Development Agreement. 4.3 Amendment or Cancellation of First Amended and Restated Development Agreement. This First Amended and Restated Development Agreement may be amended from time to time or cancelled by the mutual consent of the Parties, but only in the manner required by Government Code Section 65868. As used within this First Amended and Restated Development Agreement, the terms "Agreement" and "Original Agreement" shall include any amendment properly approved executed. 4.4 Enforcement. Notwithstanding Government Code Section 65865.4, this First Amended and Restated Development Agreement is enforceable by either Party in any manner provided by law. The remedies provided in Section 7.4 shall not include, and City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this First Amended and Restated Development Agreement. 4.5 Indemnification by Owner. Owner agrees to and shall indemnify, defend (through its own counsel) and hold City, its officers, agents, employees, consultants, and representatives harmless from liability for damages, attorneys' fees, restitution, judicial or (to the extent legally possible) equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from construction activities with respect to the Project by the Owner or their contractors, subcontractors, agents, employees, or other persons acting on their behalf. Owner further agrees to indemnify, defend (through its own counsel) and hold City, its officers, agents, employees, consultants, and representatives harmless from any Litigation, as hereinafter defined. For purposes of this paragraph, "Litigation" shall mean any lawsuit, action or cross - action, challenging the validity of this transaction, the Project as defined in Section 2.9, or any portion thereof or the rights of either party hereunder and /or the rights of either party to engage in the acts and transactions contemplated by this First Amended and Restated Development Agreement. Notwithstanding any other provision of this First 067619 \5448832v5 8 75A -250 Amended and Restated Development Agreement, this indemnity and duty to defend shall be limited as follows: (a) Owner shall have no responsibility to defend the City under this section for any aspect of Litigation challenging Amendment Application 2007 -01, General Plan Amendment No. 2007 -01, and /or Zoning Ordinance Amendment No. 2007 -01 (the "Overlay "). (b) In the event the Litigation results in a judgment and /or award of damages and /or attorneys' fees related to the Overlay but in no way related to the application of the Overlay to the Property, Owner shall have no responsibility to indemnify the City therefor. (c) In the event of any Litigation the parties agree to affirmatively cooperate in defending said action. (d) Owner shall have approval of any settlement if, (i) it will affect Owner's project, or (ii) Owner will be required to pay (or reimburse) any amounts (regardless of type) in connection with the settlement (including attorneys' fees and costs). (i) If City determines to settle over Owner's objections, then Owner may upon thirty (30) days written notice terminate defense of the action. (ii) If City rejects a settlement offer that Owner deems reasonable, then Owner may upon thirty (30) days written notice terminate defense of the action. (e) Owner shall be allowed to terminate its defense if it determines to abandon defense of its project application; provided, however, that in such circumstance Owner shall be solely liable for award, if any, of costs or attorneys' fees to plaintiff /petitioner incurred prior to the effective date of termination. 4.6 Binding Effect of First Amended and Restated Development Agreement. To the extent not otherwise provided in Section 4.2 of this First Amended and Restated Development Agreement, the burdens of this First Amended and Restated Development Agreement bind, and the benefits of the First Amended and Restated Development Agreement inure, to the parties successors in interest. 4.7 Relationship of the Parties. The contractual relationship between City and Owner arising out of this First Amended and Restated Development Agreement is one of independent contractor and not agency. This First 067619A5448832v5 9 75A -251 Amended and Restated Development Agreement does not create any third party beneficiary rights. 4.8 Notices. Any notice, tender, demand, delivery, or other communication pursuant to this First Amended and Restated Development Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: If to City, to: City Manager City of Santa Ana 20 Civic Center Plaza M -31 P.O. Box 1988 Santa Ana, California 92702 Me City Attorney, City of Santa Ana 20 Civic Center Plaza M -29 P.O. Box 1988 Santa Ana, California 92702 If to Owner, to: Lyon Housing (First Street) XLVIII, LLC 4901 Birch Street Newport Beach, CA 92660 Attention: General Counsel and Tim Paone Cox Castle & Nicholson LLF 19800 MacArthur Boulevard Irvine, CA 92612 -2480 A Party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered 067619 \5448832v5 10 75A -252 or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty - four (24) hours after the time set forth on the transmission report issued by the transmitting telefacsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County, or city holidays shall be excluded. 5. DEVELOPMENT OF THE PROPERTY. 5.1 City Obligations. In consideration for Owner entering into this First Amended and Restated Development Agreement and performing its obligations hereunder and in order to effectuate the purposes and intentions set forth in this First Amended and Restated Development Agreement and the Development Agreement Act, the City hereby agrees during the Term as follows: 5.1.1 Vested Right to Develop. Owner is hereby granted the vested right to develop the Project subject to the terms and conditions of the Applicable Rules and the Reserved Powers. 51.2 Non - Application of Changes in Applicable Rules. Any change in, or addition to, the Applicable Rules, including, without limitation, any change in the General Plan, zoning ordinance, subdivision ordinance, or building regulation adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of ordinance, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever, however denominated, and adopted by the City Council, Planning Commission or any City Agency, or by the electorate, as the case may be, which would, absent this First Amended and Restated Development Agreement, otherwise be applicable to the Project and which would conflict with the Applicable Rules, shall not be applied to the Project unless such changes represent an exercise of the City's Reserved Powers or are otherwise expressly allowed by this First Amended and Restated Development Agreement. In the event that state or federal laws or regulations enacted after this First Amended and Restated Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of this First Amended and Restated Development Agreement, such provisions of this First Amended and Restated Development Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. 067619 \5448832v5 11 75A -253 067619 \5448832v5 5.1.3 Agreed Changes and Other Reserved Powers. This First Amended and Restated Development Agreement shall not preclude application to the Project of rules, regulations, ordinances and officially adopted plans and policies in conflict with the Applicable Rules where such additional rules, regulations, ordinances and officially adopted plans and policies (a) are mutually agreed to in writing by Owner and the City, or (b) result from the Reserved Powers. 5.1.4 Subsequent Development Approvals. The City shall require Owner to obtain only those Subsequent Development Approvals that are required by the Applicable Rules or the Reserved Powers. City agrees that it shall condition any Subsequent Development Approvals based only on the Applicable Rules and /or Reserved Powers. 5.1.5 Moratoria. In the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, or otherwise, which relates to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Property, City agrees that, unless required by applicable state law, such ordinance, resolution or other measure shall not apply to the Project, Property or this First Amended and Restated Development Agreement, unless such changes are adopted pursuant to the City's exercise of its Reserved Powers or other applicable provision of this First Amended and Restated Development Agreement. 5.1.6 Timing of Development. The parties acknowledge that Owner cannot at this time predict when or if the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner such as market orientation and demand, interest rates, absorption, completion and other similar factors. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that except as provided in and subject to Section 5.11, Owner shall have the right to develop the Property at such rate and at such time as Owner deems appropriate within the exercise of its subjective business judgment. 12 75A -254 5.1.7 Development, Construction, and Completion of Public Art. Owner shall include within the Project single or grouped permanent work of public art consistent with the Public Art Plan (collectively, "Public Art ") at a cost of not less than One Hundred Twenty Five Thousand Dollars ($125,000) (the "Public Art Fee "). 5.1.8 Additional Offsite Mitigation Measures. The offsite mitigation measures (i.e., which clarify mitigation measures set forth in the Project entitlements) which must be constructed by Owner are as set forth in Exhibit D to this First Amended and Restated Development Agreement. All funds or costs for offsite mitigation measures required pursuant to the approvals set forth in section 2.4 of this First Amended and Restated Development Agreement shall be paid or security provided therefor in conformance with the provisions of the Subdivision Map Act, no later than recordation of the final subdivision map for the Project, or issuance of the first building permit for the Project, whichever comes first. 5.1.9 Irrevocable Offer to Dedicate Easements or Land To Implement Public Realm Improvement Plan. On the face of the final map for the Project, or contemporaneous with offering the final map for filing with the County if it is not placed on the final map, Owner shall execute an irrevocable offer to dedicate to the City such property interest (easement for the breezeway /lane along the north side and fee title along the south side of the Project) as is necessary to effectuate the Metro East Public Realm Improvement Plan adopted contemporaneously with the Project. Owner shall not be required to dedicate additional land pursuant to any amendments to said Plan which may occur following its adoption. Owner shall be entitled to an offset against its obligations under Section 5.7 of this First Amended and Restated Development Agreement for such property. 5.2 Exclusion from Existing Rules, Regulations and Policies. (a) Pursuant to Government Code Section 65866 and Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, 208 Cal.Rptr. 228, 690 P.2d 701, City retains the right to enact police power regulations on matters not covered by Section 5.1 of this First Amended and Restated Development Agreement, including without limitation: (i) Municipal laws and regulations which do not interfere with Owner's vested rights to develop and use the Property in accordance with Section 5.1 of this First Amended and 067619 \5448832v5 13 75A -255 Restated Development Agreement. Owner and its successors and assigns and all persons and entities in occupation of any portion of the Property shall comply with such non - conflicting laws and regulations as may from time to time be enacted or amended hereafter. Specifically, but without limitation on the foregoing, such non - conflicting laws and regulations include the following: • Taxes, assessments, fees and charges, except as otherwise specifically provided in this First Amended and Restated Development Agreement; Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Ana Municipal Code; • Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city -wide basis; and • Procedural rules of general City -wide application. 5.3 Construction Standards and Specifications. The construction standards (e.g., the Uniform Codes) and specifications for all Project construction shall be subject to applicable construction standards and guidelines in effect at the time that any development approval shall be sought for the Project or any unit or structure contained within the Project. 5.4 FAA Approval. Owner shall obtain and maintain, during the term of this First Amended and Restated Development Agreement, any and all necessary approvals from the FAA for the Project. Should such approvals lapse and not be reinstated or reapproved prior to the issuance of the first building permit, the City shall have the right to terminate this First Amended and Restated Development Agreement. 5.5 Processing Fees. All fees and charges intended to cover City costs associated with processing development of the Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and /or environmental review, which are existing or may be revised or adopted during the term of this First Amended and Restated Development Agreement, shall apply to the development of the Property. 067619\5448832v6 14 75A -256 5.6 Amendments or Additions to Citywide Fee Programs. This First Amended and Restated Development Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees ") adopted by the City after the effective date of this First Amended and Restated Development Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or compensate for Project impacts which were analyzed in the environmental impact report prepared for the Project, or (b) duplicate any project design features conditions of approval, agreements, or mitigation measures contained in this First Amended and Restated Development Agreement 5.7 Community Facilities District or Other Financing Tool. Owner agrees to petition for, and fully support (including voting to establish, if required), the establishment of or annexation into a Community Facilities District or similar financing mechanism covering the Property, in order to fund the proposed project's fair share of eligible items, e.g., the costs of implementing the Metro East Public Realm Improvement Plan; provided, however that the total effective tax rate (including but not limited to regular property or ad valorem taxes, special taxes, benefit assessment or other imposition) shall not exceed an annual levy of one and six - tenths percent (1.6 %) of the Property's valuation, as improved. Owner and City shall cooperate in good faith to designate those improvement and /or fees to be funded by the Community Facilities District or other mechanism. Owner shall have the right to review and approve any final list of said facilities and /or fees; provided, however that Owner's approval may not be unreasonably withheld. 5.8 Phasing of Project. The parties agree and acknowledge that the Project may be built in up to two (2) phases (with one tower in each phase), but that, except as otherwise expressly stated herein, all conditions and mitigation measures shall be implemented as part of the initial phase; provided, however that Owner may propose to delay to the second phase on -site conditions (e.g., sidewalks) that could be damaged by future construction. Prior to issuance of the first building permit for the Project, Owner shall submit a proposed Phasing Plan to the City, for review and approval by the City's Planning Commission. The proposed Phasing Plan shall contain those items Owner deems necessary, but shall include the timing for first and second phase construction and interim site improvements (i.e., landscaping, internal circulation) between the phases. 067619A5448832x5 15 75A -257 The approved Phasing Plan must be implemented within six (6) months after completion of the first phase (i.e., issuance of first Utility Release). 5.9 Inclusionary Housing. Owner shall produce and incorporate a total of ten (10) low- income affordable units, including five (5) one - bedroom units and five (5) two - bedroom units, within the Project pursuant to the terms and regulations of Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code. 5.10 In -Lieu Park Development Fee. The Owner shall pay an in -lieu park development fee in the amount of One Million Four Hundred Fifty Thousand Dollars ($1,450,000) with respect to the Project ( "In -Lieu Park Development Fee ") payable pro rata, which pro rata fraction shall be determined based on a fraction the numerator of which is the total number of residential units in a phase and the denominator of which is the total number of residential units in the Project. The pro rata In -Lieu Park Development Fee shall be paid prior to issuance of the building permit for each phase. The City shall use said fees for new parkland, capital improvements at existing parks, and deferred maintenance at existing parks (up to a maximum of fifty percent of amount of the fee). If not used or appropriated this fee shall be returned to Developer, consistent with the provisions of (and subject to the exceptions contained within) the California Mitigation Fee Act, Government Code § 66000 et seq. Owner may propose in future an alternative in -lieu of the provisions of this section which fully satisfies this requirement, and if such proposal is consistent with City's park plans and standards, the City shall consider such proposal in good faith; provided, however, that if approved such proposal shall be the subject of an amendment to this First Amended and Restated Development Agreement entered into pursuant to Government Code section 65868. 5.11 Covenants, Conditions, and Restrictions. Owner may, at its sole option, decide in the future to sell individual residential units as condominiums. Prior to the issuance of the first building permit for the Project, Owner shall provide to the City the proposed Covenants, Conditions, and Restrictions ( "CC &R's ") to be recorded against the Property for the condominiums. Those CC &R's must be approved by the Planning and Building Agency's Executive Director (or the person acting in the equivalent role if the title of the position is changed. The City's review and approval of the CC &R's shall be limited to determining inclusion of the following restrictions within the CC &R's: 067619 \5448832v5 1E 75A -258 (a) No more than four residents shall be permitted for each unit, except that for three - bedroom units, there shall be no more than five residents per unit. (b) All initial sales of residential units by Owner shall include a covenant that the buyer may not re -sell the unit for a period on one (1) year. (c) No home occupation shall be permitted in a unit, except in accordance with Section 41 -192 et seq. of the Santa Ana Municipal Code. (d) Allocation of responsibility for repair of perimeter walls and common areas, including landscaping, will be specified in the CC &R's in the event of damage. (e) Notice of the urban character of the City and this area, including but not limited to (i) the permitted uses of the property and buildings in the immediate area of the development (e.g., Xerox Towers, State Compensation Insurance Fund, 1 -5 and SR -55 freeways). (f) The release of the City from all claims which may arise from or relate to the urban character of the City and this area. (g) A term of the CC &R's of an initial period of ninety- nine years, with automatic and repeating one - hundred (100) year extensions, unless terminated earlier by the joint consent of (i) the City and (ii) not less than seventy five percent of those condominium owners entitled to vote under the CC &R's. (h) The need for the approval of the City to any proposed modifications to the provisions of the CC &R's identified in this Section 5.11. (i) The imposition of a significant financial penalty by the Home Owner's Association upon any member who violates the provisions of the CC &R's identified in this Section 5.11. 5.12 Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this First Amended and Restated Development Agreement (although such conditions must comply with the Applicable Rules). 067619 \5448832v5 17 75A -259 5.13 Compliance with Governmental Requirements. Owner shall carry out the design, construction, and operation of the Project in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, Owner or the Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to the Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code§ 4450 et seq., and the Unruh Civil Rights Act, Civil Code§ 51 et seq. (collectively, "Governmental Requirements "). 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. City shall, at least every twelve (12) months during the term of this First Amended and Restated Development Agreement, review the extent of good faith substantial compliance by Owner with the terms of this First Amended and Restated Development Agreement. Pursuant to Government Code Section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of this First Amended and Restated Development Agreement at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with this First Amended and Restated Development Agreement after annual review, City shall, upon written request by Owner, issue a Review Letter to Owner (the "Letter ") stating that based upon information known or made known to the City Council, the City Planning Commission and /or the City Planning Director, this First Amended and Restated Development Agreement remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 6.3 Failure to Conduct Annual Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this First Amended and Restated Development Agreement shall not constitute or be 067619 \5448832v5 18 75A -260 asserted by any Party as a breach of this First Amended and Restated Development Agreement by Owner or City. 7. DEFAULT. 7.1 Events of Default. Owner is in default under this First Amended and Restated Development Agreement upon the happening of one or more of the following events or conditions: (a) If a warranty, representation, or statement made or furnished by Owner to the City is false or proves to have been false in any material respect when it was made; (b) A finding and determination made by the City Council following a periodic review under the procedure provided for in Government Code Section 65865.1 that upon the basis of substantial evidence the Owner has not complied in good faith with one or more of the terms or conditions of this First Amended and Restated Development Agreement; (c) Failure to comply with Governmental Requirements; (d) Any other event, condition, act, or omission which materially interferes with the intent and objectives of this First Amended and Restated Development Agreement. 7.2 Procedure upon Default. The following principles and procedures shall be applied in the determination of any Default: (a) Upon the occurrence of default, City shall give Owner (the "defaulting party ") thirty (30) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. After proper notice and expiration of said thirty (30) day cure period without cure, City may terminate or amend this First Amended and Restated Development Agreement in accordance with the procedure adopted by the City as to all defaults that may be cured within said thirty (30) day cure period. For defaults that cannot be cured within said thirty (30) day cure period, City may terminate or amend this First Amended and Restated Development Agreement in accordance with the procedure adopted by the City should at any time Owner fail to diligently proceed in curing the default. Failure or delay in giving notice of default shall not constitute a waiver of any default, nor shall it change the time of default. 067619 \5448832v5 19 75A -261 (b) City does not waive any claim of defect in performance by Owner, if on periodic review the City does not propose to modify or terminate this First Amended and Restated Development Agreement. (c) Non - performance shall not be excused because of failure of a third person. (d) An express repudiation, refusal, or renunciation of the contract, if the same is in writing and signed by the Owner, shall be sufficient to terminate this First Amended and Restated Development Agreement and a hearing on the matter shall not be required. (e) Adoption of a law or other governmental activity making performance by the Owner unprofitable or more difficult or more expensive does not excuse the performance of the obligation by the Owner. (f) All other remedies at law or in equity which are not inconsistent with the provisions of this First Amended and Restated Development Agreement are available to the parties to pursue in the event there is a breach. 7.3 Damages upon Termination. In no event shall Owner be entitled to any damages against City upon termination of this First Amended and Restated Development Agreement. 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or agreements set forth in this First Amended and Restated Development Agreement, or to enjoin any threatened or attempted violation of this First Amended and Restated Development Agreement; or to obtain any remedies consistent with the purpose of this First Amended and Restated Development Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. 8. MORTGAGEE PROTECTIONS 8.1 Right to Owner /Notice /Multiple Mortgagees. Owner shall have the absolute right to encumber Owner's right, title and interest in, to and under this First Amended and Restated Development Agreement and the Property pursuant to one or more Mortgages. Because certain portions of the Project may be developed by one or more assignees, the Parties 067619 \5448832v5 20 75A -262 acknowledge and agree that different Mortgages may encumber the Property and that there may be a separate Mortgage in effect with respect to separate parcels within the Property. It is the intention of the Parties that the rights and protections granted in this Section 8 to each Mortgagee shall only apply to the parcels upon which such Mortgagee's Mortgage is a lien (each a "Mortgage Parcel "), and to the rights, privileges and obligations under this First Amended and Restated Development Agreement relating to such Mortgage Parcel. 8.2 Notice of Breach to Mortgagee or Deed of Trust Holders; Right to Cure. With respect to any mortgage or deed of trust granted by Owner as provided herein, whenever the City delivers any Notice or demand to Owner with respect to any Breach by Owner under this First Amended and Restated Development Agreement and if Owner fails to cure the Breach within the time set forth herein, the City shall deliver to each Mortgagee a copy of such notice or demand accompanied by a writing to the affect that Owner has failed to cure a Breach ( "Mortgagee Notice "); provided that Owner or Mortgagee has provided City with addresses for such purpose. Each such Mortgagee shall (insofar as the rights granted by the City are concerned) have the right, at its option, within thirty (30) days after the receipt of the Mortgagee Notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such Breach and to add the cost thereof to the mortgage debt and the lien of its mortgage; provided, however if the Mortgagee is legally prevented from curing such Breach because of a bankruptcy by the Owner then the thirty (30) day period shall be tolled until such bankruptcy is confirmed or rejected. Nothing contained in this First Amended and Restated Development Agreement shall be deemed to permit or authorize such Mortgagee to take advantage of Owner's rights hereunder, or any portion thereof, without first having expressly assumed Owner's obligations to the City by written agreement reasonably satisfactory to the City. It is understood that a Mortgagee shall be deemed to have satisfied the thirty (30) day time limit set forth above for commencing to cure or remedy Owner default which requires title and /or possession of the Property (or portion thereof) if and to the extent any such Mortgagee has within such thirty (30) day period commenced proceedings to obtain title and /or possession and thereafter the Mortgagee diligently pursues such proceedings to completion and cures or remedies the Breach, provided that, in such event, all noncurable Defaults shall be waived. 8.3 Mortgagee Not Obligated Under this First Amended and Restated Development Agreement. Unless a Mortgagee expressly assumes Owner's Obligations to the City in accordance with Section 8.2, no Mortgagee shall in any way be obligated by the provisions of this First 067619 \5448832v5 21 75A -263 Amended and Restated Development Agreement, nor shall any covenant or any other provision in this First Amended and Restated Development Agreement be construed to obligate such Mortgagee. Nothing in this First Amended and Restated Development Agreement shall be deemed to construe, permit or authorize any such Mortgagee to devote the Mortgage Parcel to any uses or to construct any improvements on the Mortgagee Parcel, other than those uses or improvements provided for or authorized by this First Amended and Restated Development Agreement. 8.4 No Liability. No Mortgagee shall have any liability beyond its interest in the Mortgage Parcel acquired through enforcement of its Mortgage for the performance or payment of any covenant, liability, warranty or obligation under this First Amended and Restated Development Agreement. City agrees that it shall look solely to the interests of such Mortgagee in such Mortgage Parcel for payment or discharge of any such covenant, liability, warranty or obligation. 8.5 No Amendment or Termination. This First Amended and Restated Development Agreement shall not, without the prior written consent of all Mortgagees holding Mortgages on any portion of the Property, be amended to (a) terminate this First Amended and Restated Development Agreement prior to the expiration of the Term (except as expressly provided above) or (b) change any provision of this First Amended and Restated Development Agreement which, by its terms, is specifically for the benefit of Mortgagees. No amendment to this First Amended and Restated Development Agreement affecting the Property or any part thereof, made without the consent of any Mortgagee holding a Mortgage on such Property, or any part thereof, shall be binding upon such Mortgagee or its successors in interest should it become a party hereto. 8.6 Condemnation or Insurance Proceeds. Nothing in this First Amended and Restated Development Agreement shall impair the rights of any Mortgagee, pursuant to its Mortgage, to receive insurance and /or condemnation proceeds which are otherwise payable to Owner granting such Mortgage. 8.7 Title by Foreclosure. Except as otherwise set forth herein, all of the provisions contained in this First Amended and Restated Development Agreement applicable to any of the Mortgage Parcel shall be binding on and for the benefit of any person who acquires title to the property, or any part thereof, by foreclosure under a Mortgage or transfer by deed in lieu. 8.8 Delegation to Mortgagee. Owner may delegate and /or assign irrevocably to any Mortgagee the non - exclusive authority to exercise any 067619 \5448832v5 22 75A -264 or all of Owner's obligations and /or rights hereunder with respect to the Mortgage Parcel, but no such delegation shall be binding upon the City unless and until either Owner or such Mortgagee shall give to the City a true and correct copy of a written instrument effecting such delegation. Such delegation of authority may be effected by the terms of the Mortgage itself, in which case service upon the other Party of an executed counterpart or conformed copy of said Mortgage, together with written notice specifying the provisions therein which delegates such authority to said Mortgagee, shall be sufficient to give such other Party notice of such delegation. No such delegation or assignment shall relieve the Owner of that Mortgage Parcel of any of its obligations hereunder with respect to such Mortgage Parcel. 8.9 No Obligation to Cure. Nothing herein contained shall require any Mortgagee to cure any default of Owner referred to above. 8.10 Separate Agreement. The City shall, upon request, execute, acknowledge and deliver to each Mortgagee requesting same, an agreement prepared at the sole cost and expense of Owner, in form satisfactory to such Mortgagee and the City, between the City and the Mortgagees, agreeing to all of the provisions hereof, provided Owner pays for all legal and other consulting costs incurred by City in reviewing same. 8.11 Estoppel Certificate. Within thirty (30) days after written request therefore, the City shall execute and deliver to any proposed Mortgagee in connection with its new Mortgage and to such Mortgagee thereafter from time to time an estoppel certificate in form and substance satisfactory to Owner and such Mortgagee ( "Estoppel Certificate "). The City hereby agrees to reasonably cooperate in including in any such Estoppel Certificate from time to time any provision which may reasonably be requested by any proposed Mortgagee for the purpose of implementing the Mortgagee protection provisions contained in this Section 8 and allowing such Mortgagee reasonable means to protect or preserve the lien and security interest of its Mortgage hereunder, clarifying the non - applicability of the provisions of this First Amended and Restated Development Agreement to such Mortgagee as it relates to parcels other than the Mortgage Parcel, and /or such other terms and provisions as are customarily required by Mortgagees (taking into account the customary requirements of their participants, syndication partners or ratings agencies) in connection with any such financing; provided, however, that no such Estoppel Certificate shall in any way materially adversely affect any rights of the City or increase any obligations of City under this First Amended and Restated Development Agreement. 067619\5448832x5 23 75A -265 8.12 Conflicts. If there is any conflict between this Section 8 and any other provision contained in this First Amended and Restated Development Agreement, this Section 8 shall control. 9. MISCELLANEOUS PROVISIONS. 9.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall' is mandatory; "may" is permissive. If there is more than one signer of this First Amended and Restated Development Agreement, their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This First Amended and Restated Development Agreement constitutes the entire understanding and agreement of the Parties with respect to the matters set forth in this First Amended and Restated Development Agreement. This First Amended and Restated Development Agreement supersedes all negotiation or previous agreements between the Parties respecting this First Amended and Restated Development Agreement. All waivers of any provision of this First Amended and Restated Development Agreement must be in writing and signed by the appropriate authorities of City or of Owner. All amendments to this First Amended and Restated Development Agreement must be in writing signed by the appropriate authorities of City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Upon the completion of performance of this First Amended and Restated Development Agreement or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and City shall be recorded in the Official Records of Orange County, California. 9.3 Project as a Private Undertaking. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this First Amended and Restated Development Agreement. 9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this First Amended and Restated Development Agreement are part of this First Amended and Restated Development Agreement. 9.5 Captions. The captions of this First Amended and Restated Development Agreement are for convenience and reference only, and shall not define, 067619A5448832v5 24 75A -266 explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this First Amended and Restated Development Agreement. 9.6 Consent. Where the consent or approval of a Party is required by or necessary under this First Amended and Restated Development Agreement, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The Parties shall cooperate with and deal with each other in good faith. They will assist each other to the extent needed in the performance of the provisions of this First Amended and Restated Development Agreement. 9.8 Time of Essence. Time is of the essence for each provision of this First Amended and Restated Development Agreement of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this First Amended and Restated Development Agreement has been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this First Amended and Restated Development Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this First Amended and Restated Development Agreement. The Parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this First Amended and Restated Development Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an agreement on the effect of such federal or state law or regulation upon this First Amended and Restated Development Agreement, the matter shall be scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9.10 Recording. The City Clerk shall cause a copy of this First Amended and Restated Development Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days 067619 \5448832v5 25 75A -267 following the effective date of this First Amended and Restated Development Agreement. IN WITNESS WHEREOF, this First Amended and Restated Development Agreement has been executed by the City of Santa Ana and by Owner. Dated this day of 12013. ATTEST: THE CITY OF SANTA ANA Clerk of the Council City Manager Approved as to Form: LYON HOUSING (FIRST STREET) XLVIII, LLC a Delaware limited liability company By:_ Name: Title: Title: 067619 \5448832v5 26 75A -268 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On , 2013 before me, a Notary Public in for said state, personally appeared , who proved to me on the basis of satisfactory evidence to be the City Manager of THE CITY OF SANTA ANA, the charter city that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its City Council. WITNESS my hand and official seal. STATE OF CALIFORNIA ss: COUNTY OF ORANGE Signature of Notary Public On , 2013 before me, Public in for said state, personally appeared , who proved to a Notary me on the basis of satisfactory evidence to be the City Manager of THE CITY OF SANTA ANA, the charter city that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its City Council. WITNESS my hand and official seal. Signature of Notary Public 067619 \5448832v5 27 75A -269 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On , 2013 before me, a Notary Public in for said state, personally appeared , who proved to me on the basis of satisfactory evidence to be the City Manager of THE CITY OF SANTA ANA, the charter city that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its City Council. WITNESS my hand and official seal. Signature of Notary Public 067619 \5448832v5 28 75A -270 4A "II -]11re1 Property Legal Description THAT PORTION OF LOT 15 OF THE MAYBURY TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 36, PAGE 65 OF MISCELLANEOUS MAPS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL No. 1 AS SHOWN ON A MAP FILED IN BOOK 98, PAGE 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AS AMENDED BY A CERTIFICATE OF CORRECTION RECORDED OCTOBER 20, 1977 IN BOOK 12424, PAGE 543 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION OF PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 98, PAGE 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL I; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 NORTH 89 031'52" EAST 34.14 FEET; THENCE NORTH 45 °19'14" WEST 38.26 FEET TO A LINE PARALLEL WITH AND FEET EASTERLY FROM THE WESTERLY LINE OF SAID PARCEL 1; THENCE SOUTH 89 049'39" WEST 7.00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE SOUTH 0 010'21" EAST 27.18 FEET TO THE POINT OF BEGINNING, AS GRANTED TO THE CITY OF SANTA ANA, IN DEED RECORDED SEPTEMBER 18, 1990 AS INSTRUMENT No. 90- 493896, OF OFFICIAL RECORDS. Orange County Assessor's Parcel Number 400 - 081 -08 067619 \5448832v5 7fiAA27 1 EXHIBIT B Property Site Plan 067619 \5448832v5 754472 R o ®y8 EJ HIJIUM11 I. 71 -T 1 Dij f l f 17171 T, V-k�t� Sif 4.4 44L eG� ill A 17 o ... . .. . . .. 41 CJ f3 IA 'k B if, L 19 J!1A 1 EXHIBIT C Public Art Plan 1. The Public Art shall be designed, constructed, and installed by Owner. 2. A Final Design Plan for the Public Art shall be submitted to the City's Planning Commission within thirty (30) days prior to the issuance of a Final Certificate of Occupancy for the first unit of the Project. The Final Design Plan shall (i) identify one (1) or more specific items of Public Art for one (1) or more specific locations and /or application, and (ii) specify the timing of the installation of the Public Art. The installation shall occur no later than 180 days after the first utility release for the Project. Owner shall expend not less than One Hundred Twenty Five Thousand Dollars ($125,000) in total in connection with the Public Art. 3. The Public Art should invite participation and interaction, inspire, add local meaning, interpret the community by revealing its culture or history, and /or capture or reinforce the unique character of the new place. 4. The Public Art should be constructed using durable materials and finishes including but not limited to stone or metal. 5. The Public Art should be comprised of a single or grouped permanent work(s) at a prime location visible to the public and sited to complement features such as plaza or architectural components so that the Public Art is an integral part of the development site. 6. No Public Art shall include advertising of any type, including but not limited to products, service, or businesses. 7. All Public Art shall be properly maintained at all times, be free of any graffiti, and shall not incorporate any flashing or distracting form of illumination. 8. The Owner may assign ownership, maintenance and /or repair responsibilities of the Public Art to one or more Owners' Association(s). 9. All Public Art shall remain on the Property and may not be removed without the approval of the Planning Commission, 10. Expenses not included in the Public Art Fee. a. Expenses to locate the artist(s) (e.g., airfare for artist interviews, etc.) b. Architect and Landscape Architect fees incurred in connection with the Public Work(s) of Art. 067619 \5448832v5 76' '74 C. Landscaping around Public Work(s) of Art that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements. d. Utility fees associated with activating electronic or water generated artwork. e. Lighting elements not integral to the illumination of the Public Art. f. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image. g. Dedication ceremonies, including sculpture unveilings or grand openings. 067619 \5448832v5 775 EXHIBIT D Additional Offsite Mitigation Measures Improvement Location Pay fair share of all costs to acquire Fourth Street at Southbound SR -55 on- required right of way for and construct ramp (Tustin Avenue to SR -55) eastbound right turn lane In order to implement & satisfy mitigation measure MM 4.12 2, construct raised First Street and Cabrillo along the "pork- chop" island to Public Works project frontage Agency specifications Note: For offsite public improvements constructed by Owner (i.e., "pork- chop" island), it shall pay all workers employed in connection with the work not less than the prevailing rates of wages, as provided in the statutes applicable to public works contracts, including without limitation §§ 1770 -1780 of the California Labor Code. 067619 \5448832v5 76A4276 ROH — 11/04/13 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2013 -04 AS CONDITIONED AND APPROVING SITE PLAN REVIEW NO. 2013 -03 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1901 EAST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Applicant is requesting approval of an addendum to a final environmental impact report, an amendment to a development agreement, a vesting tentative tract map, and a site plan review to allow the construction of a new multi- family residential development at 1901 East First Street. B. The Planning Commission has, following a duly noticed public hearing, on August 26, 2013, recommended the approval of the following items: 1. Adopt a resolution approving the Addendum to the Final Environmental Impact Report No. 2006 -01 and approve the Mitigation Monitoring and Reporting Program. 2. Adopt an ordinance approving the first amendment to Development Agreement No. 2007 -01. 3. Adopt a resolution approving Vesting Tentative Tract Map No. 2013 -04 as conditioned. 4. Adopt a resolution approving Site Plan Review No. 2013 -03 as conditioned. C. On September 16, 2013 the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral. After the public hearing, the City Council continued the matter to October 21, 2013. On October 21, 2013, the City Council approved the Addendum to the Final Environmental Impact Report No. 2006 -01 and request for approval of the first amendment to Development Agreement No. 2007 -01. On November 18, 2013, the City Council further considered all testimony, written and oral, pertaining to the applicant's request for approval of Vesting Resolution No. 2013 - 75A -277 Page 1 of 15 Tentative Tract Map No. 2013 -04 and request for approval of Site Plan Review No. 2013 -03. D. Vesting Tentative Tract Map No. 2013 -04 has been filed seeking approval of a vesting tentative tract map for condominium purposes. To adopt a Vesting Tentative Tract Map, California Government Code Section 66474 requires the following findings: The proposed project, as conditioned, and its design and improvements are consistent with the District Center designation on the General Plan and are otherwise consistent with all other elements of the General Plan. The proposed subdivision, Vesting Tentative Tract Map No. 2013 -04, will be consistent with the proposed District Center land use designation and density prescribed and all other elements of the General Plan. Policy No. 1.3 of the General Plan Land Use Element encourages high- density residential development within the City's District Centers. Further, Policy No. 1.4 promotes the maintenance and fostering of a variety of residential land uses in the City. ii. 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 subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act Provisions. Tentative Tract Map No. 2013 -04 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. iii. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately five acres of land within the Metro East Mixed Use Overlay Zone, which is physically suitable for the residential development as proposed. Access to the site will occur Resolution No. 2013 - 75A -278 Page 2 of 15 on First Street and Cabrillo Park Drive. There are no physical constraints on the site to preclude development. iv. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An Environmental Impact Report (EIR), as well as an addendum to the certified EIR, was prepared pursuant to the California Environment Quality Act for the project. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. V. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. The short -term and long -term unavoidable adverse impacts identified in Environmental Impact Report No. 2006 -01, and affirmed by the recently completed addendum to the EIR, as it pertains to air quality and traffic, were addressed by the adoption of a statement of Overriding Considerations by the City Council. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2006 -01. vi. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. There is no easement for public access currently existing on this property. Therefore, the proposed project will not conflict with easements necessary for public access through or use of the property. However, the applicant will be granting an easement for pedestrian purposes over the northern portion of the site, which will allow public access throughout the Metro East area. Resolution No. 2013 - 75A-279 Page 3 of 15 E. Applicant has requested approval of Site Plan Review No. 2013 -03 as conditioned. 1. Section 41 -595.5 of the Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. 2. Based on the following review, the project is in compliance with all applicable development standards outlined within the Metro East Mixed Use (MEMU) Overlay Zone: Is the proposed development plan consistent with and will further the objectives outlined in Section 1.2 for the MEMU Overlay Zone? The proposed mixed -use development project by Lyon Communities will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone as the project will be a mixed use project that will allow persons to live, work and shop in the immediate area. Further, the project will incorporate an active streetscape that will integrate the private development with the public realm and will assist in creating a distinct identity for the district. ii. Is the proposed development plan consistent with the development standards specified in Section 4 of the MEMU Overlay Zone? The proposed project is consistent with Section 4 (Development Standards) of the MEMU zone. The project is in compliance with the various development standards for the Active Urban District, including setbacks, parking, lot size and open space. iii. Is the proposed development plan designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU Overlay Zone? The project site is compatible with adjacent development and achieves the design principles outlined in Section 5 (Design Principles) of the MEMU plan. The project is in close proximity to several mid - rise buildings in the area and has been designed to Resolution No. 2013 - 75A -280 Page 4 of 15 complement these developments. Further, the project incorporates a variety of architectural materials, massing and ground floor uses that are compatible with the MEMU plan. iv. Have the land use uses, site design, and operational considerations in the proposed development plan been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU Overlay Zone? The proposed project has been designed to be compatible and identified in Section 7 (Operational Standards) of the MEMU plan. The projects windows, lighting and operational hours will result in a project that will not impact the proposed residential uses or the adjacent commercial and office uses. Section 2. The City Council previously approved and adopted Final Environmental Impact Report No. 2006 -01. In accordance with the California Environmental Quality Act, an Addendum to the Final Environmental Impact Report No. 2006 -01 and the mitigation monitoring and reporting program was prepared for this project. Based upon the studies, the City Council determined that there were no new significant impacts or any increases in the severity of the impacts previously identified in the original Environmental Impact Report. The City Council approved the Addendum to the Final Environmental Impact Report No. 2006 -01 and approved the mitigation monitoring and reporting program on October 21, 2013. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: A. Vesting Tentative Tract Map No. 2013 -04 as conditioned in Exhibit "A" attached hereto and incorporated herein for the multi - family residential development located at 1901 East First Street. B. Site Plan Review No. 2013 -03 as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Council Action dated September 16, 2013, and exhibits attached thereto; the Request for Council Action dated November 18, 2013, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2013 - 75A -281 Page 5 of 15 Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. Applicant has requested the approval of the above entitlements which are incompatible with previously granted entitlements. As such, any and all previously approved inconsistent entitlements are hereby null and void and of no further force and effect. Section 6. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this day of November, 2013. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney M Ryan O. Hodge Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2013 - 75A -282 Page 6 of 15 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013 -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. 2013 - 75A -283 Page 7 of 15 Conditions for Approval for Vesting Tentative Tract Map No. 2013 -04 Should the Planning Commission approve Vesting Tentative Tract Map No. 2013 -04, the approval is 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 California Building Standards 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 vesting tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the vesting tentative tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP No. 2013 -17). 2. Covenants, Conditions and Restrictions (CC &Rs) for this project must be reviewed and approved prior to approval of the final tract map. At a minimum, the CC &Rs shall include provisions pertaining to owner occupancy, restrictions on home -based businesses, the prohibition of storage on balconies, and a restriction on truck delivery hours to non -peak periods. 3. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 4. The final map must be approved and recorded prior to the sale of the first unit. 5. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 7. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. Exhibit "A" A Resolution No. 2013 - 75A -284 Page 8 of 15 AUGUST 26, 2013 PAGE 2 OF 3 8. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. 9. Pursuant to Section 66474.9(b) of the Subdivision Map Act, the applicant shall defend, indemnify, and hold harmless the City, and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, any approval of the City concerning this subdivision application, which action is brought within the time period provided for in Section 66499.37. 10. Prior to the issuance of any building permit, a fence plan for the east property line shall be submitted to the Planning Division for review and approval. The plan shall depict a minimum eight foot high block wall to be built along the northern 220 feet of the east property line, with a decorative wrought iron fence with pilasters built along the remaining length of the property line. The fence shall be installed prior to the occupancy of any units. The fence shall also be subject to the review and approval by the Orange County Flood Control District, or any other required reviewing agency. 11. The required Inclusionary Housing Plan and Inclusionary Housing Agreement shall comply with the procedures for establishing eligibility and applicant priority contained within the Housing Element as it may be adopted and amended by the City Council. At a minimum these eligibility criteria shall give priority to tenants /buyers whose household income is on the lower end of the applicable income range and tenants /buyers who are residents of Santa Ana. The provisions of the Inclusionary Housing Plan must be fully implemented prior to any issuance of Certificate of Occupancy. B. Police Department 1. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan will be required to outline hours of operation for the parking structure (secured /open), a duress alarm system for the parking structure and an access control system for the perimeter of the building and parking structure. Resolution No. 2013 - 75A -285 Page 9 of 15 AUGUST 26, 2013 PAGE 3 OF 3 2. Resident parking must be physically separated and secured from all guest parking. 3. Each door within the parking structure and buildings leading into a stairwell, lobby or storage area must be outfitted with a 100 square inch fire rated window. Convex mirrors a minimum of 12- inches in diameter must be installed at each stairwell landing and at each corner along a walkway. The last flight of stairs must be fully enclosed at its base. 4. Elevator lobbies must be glass encased (glass entry doors) to provide the user with maximum visibility. Elevators are to be equipped with minimum 12 inch shatterproof convex mirrors or are to have mirrored backings. 5. All parking structure vehicular entrances are to be secured with a rolling grille and outfitted with a Police Department sub mastered Knox box. 6. Parking structure first floor exits are to be designed to allow emergency egress only with no exterior hardware. 7. Building and unit addressing must comply with the City's emergency service standards. 8. Lobby doors must be equipped with a Police Department approved access control system. 9. Provide a minimum 100 square inch window in the trash room doors. 10. Parking structure elevators must be equipped with an approved access control system. 11. Provide a photometric study showing compliance with the 1 footcandle requirement for all walkways and the parking structure. 12. The townhome parking garage space within the parking structure must be equipped with a grille or door. Resolution No. 2013 - 75A -286 Page 10 of 15 Conditions of Approval for Site Plan Review No. 2013 -03 Site Plan Review No. 2013 -03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 2013 -17. 2. Any amendment to this site plan review must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. Prior to submittal into building plan check, a project phasing plan shall be submitted to the Planning Division for review and approval. The phasing plan shall include a landscape plan identifying the treatment of the remainder building site. 4. The project shall incorporate on -site professional property management for the residential component. 5. Balconies for the project shall maintain a minimum dimension of not less than five feet in any direction. 6. Balconies for the project shall incorporate the use of stainless steel railings. 7. Covenants, Conditions and Restrictions (CC &Rs) for this project must be reviewed and approved prior to approval of the final tract map. At a minimum, the CC &Rs shall include provisions pertaining to owner occupancy, restrictions on home -based businesses, the prohibition of storage on balconies, and a restriction on truck delivery hours to non -peak periods. Exhibit "B" Resolution No. 2013 - 75A-287 Page 11 of 15 AUGUST 26, 2013 PAGE 2 OF 5 8. All parking for the project shall be made available free of charge. Parking spaces for each unit shall be provided as a part of the deed for each dwelling unit. 9. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 10. A detailed amenity deck plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for the amenity deck as well as an installation plan. The exact specifications for these items are subject to the review and approval of the Planning Manager. The amenity deck shall be maintained in the same condition as installed at the time of occupancy. 11. A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include a minimum of one water feature within the motor court, elevations, hardscape design, lighting concepts and an installation plan. The exact specifications for these items are subject to review and approval of the Planning Division. The water feature(s) shall be maintained in the same condition as installed at the time of occupancy. 12. At a minimum, the following items must be included as exterior amenities for the development: bike racks, enhanced paving on the walkways, an outdoor fireplace, barbeque and a pool on the amenity deck. The exact specifications for these items are subject to the review and approval of the Planning Division. 13. An interior building amenity plan of all common areas (recreation room, meeting rooms, fitness rooms and lobbies) must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes, furniture and equipment to be provided in these rooms. The exact specifications for these items are subject to the review and approval of the Planning Manager. Resolution No. 2013 - 75A -288 Page 12 of 15 AUGUST 26, 2013 PAGE 3 OF 5 14. An interior amenity plan for the units must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes, furniture and equipment to be provided in these rooms. Examples of a level of quality required for the project include granite counter tops or equivalent, hardwood flooring or equivalent, General Electric Monogram appliances or equivalent, tiled bathroom and shower walls, stain grade hard wood cabinets and individual laundry hook -ups. The exact specifications for these items are subject to the review and approval of the Planning Manager. 15. An elevator lobby plan of each lobby must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the finishes and flooring to be provided. The exact specifications for these items are subject to the review and approval of the Planning Manager. 16. Prior to submittal into building plan check, detailed elevations shall be submitted to include exterior finishes, materials, and colors subject to approval of the Planning Division. 17. A Public Art Plan which proposes a specific work(s) of art for a specific location(s) shall be submitted to the Planning Commission for review and approval. All public art approved by the Planning Commission shall be completely installed prior to the issuance of a certificate of occupancy for the project. 18. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscape plan. The exact specifications for these items are subject to the review and approval of the Planning Division. 19. The following items must be included as interior amenities within the common areas: granite counter tops, hardwood flooring or equivalent, and gas fireplaces. The exact specifications for these items are subject to the review and approval of the Planning Division. Resolution No. 2013 - 75A -289 Page 13 of 15 AUGUST 26, 2013 PAGE 4OF5 20. Pedestrian walkways shall be provided through the project. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting, and landscape planters. The materials and design of the walkway is subject to the review and approval of the Planning Division. 21. A Resident Storage Plan shall be provided for the project. Storage shall be available at no cost to the residents. 22. Cast iron drain pipes shall be provided for the project. 23. Smart wiring, including cable television and high -speed cable for computers, shall be provided for each unit and within the project's common areas. 24. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 25. Prior to occupancy of any units, a rental housing execution plan must be submitted to the Planning Division for review and approval. At a minimum, the plan shall identify the location of employee and visitor parking, the location of the rental office, hours of operation for the rental office, and signage affiliated with the Rental Housing Operational Plan. In addition, the rental plan must clearly note that the parking and project amenities must be provided free of charge to the residence. 26. Prior to submittal into building plan check, the design for the courtyard gates shall be submitted to the Planning Division for approval. The fences /gates shall be decorative and ornamental in nature as they are the entries to the interior courtyards. 27. The following best management practices (BMPs) need to be incorporated into the project construction and operation to minimize greenhouse gas impacts: a. Install energy efficient lighting, appliances, heating, and cooling systems. b. Install efficient lighting for street and other outdoor lighting. C. Reduce unnecessary outdoor lighting. d. Provide education on energy efficiency to residents and /or tenants. e. Install water - efficient irrigations systems and devices. Resolution No. 2013 - 75A-290 Page 14 of 15 AUGUST 26, 2013 PAGE 5OF5 f. Design buildings to be water- efficient. Install water - efficient fixtures and appliances. g. Provide education about water conservation. h. Provide easy and convenient recycling opportunities for residents and tenants. i. Provide education on recycling waste. 28. Prior to the issuance of any building permit, a fence plan for the east property line shall be submitted to the Planning Division for review and approval. The plan shall depict a minimum eight foot high block wall to be built along the northern 220 feet of the east property line, with a decorative wrought iron fence with pilasters built along the remaining length of the property line. The fence shall be installed prior to the occupancy of any units. The fence shall also be subject to the review and approval by the Orange County Flood Control District, or any other required reviewing agency. 29. The required Inclusionary Housing Plan and Inclusionary Housing Agreement shall comply with the procedures for establishing eligibility and applicant priority contained within the Housing Element as it may be adopted and amended by the City Council. At a minimum these eligibility criteria shall give priority to tenants /buyers whose household income is on the lower end of the applicable income range and tenants /buyers who are residents of Santa Ana. The provisions of the Inclusionary Housing Plan must be fully implemented prior to any issuance of Certificate of Occupancy. Resolution No. 2013 - 75A -291 Page 15 of 15 75A -292 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: PUBLIC HEARING — ORDINANCE TEMPORARILY DEFERRING COLLECTION OF DEVELOPMENT IMPACT FEES �, CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance amending various sections of the Santa Ana Municipal Code to temporarily defer collection of development fees until the issuance of certificates of occupancy /compliance. DISCUSSION Development activity in Orange County is beginning to recover from the effects of the recession. Although there are clear indications that development activity and construction in the City is increasing, it is anticipated to continue to be a slow recovery. Adopted originally in 2008, and renewed in 2012, the City Council adopted a one -year development impact fee deferral program to help stimulate investment. Programs similar to Santa Ana's have been adopted by a number of cities in Orange County and more than 75 jurisdictions statewide. Santa Ana, like most cities, collects various fees to offset impacts created by new development. These impact fees provide funding for both new infrastructure and for improvements to existing infrastructure, including street circulation and park development. Development impact fees can represent a sizable up -front cost, and in some cases be the limiting factor in the financial feasibility of a project. Allowing these fees to be deferred until the project is nearly complete provides an incentive to both the developer and lender by reducing the time between the investment of money into a project and realizing a return on that investment in the form of sales or leasing of the building and /or units. Allowing construction to commence with a deferment has the potential to benefit the City in a variety of ways including: (a) accelerating increases in property tax valuation due to assessment as improved land; (b) collection of sales tax on building materials purchased locally; (c) revenue from business license taxes from contractors and design professionals; and (d) employment of construction personnel and their spending in the local area. 7513-1 Ordinance Temporarily Deferring Collection of Development Impact Fees November 18, 2013 Page 2 The fee deferral program has been successfully utilized by Lyon Communities as part of The Marke project, a 300 -unit residential project at the corner of Main Street and MacArthur Boulevard. There are several other sizable developments within the City that could also benefit from this program if approved. Applicable projects include large residential developments like the Met at South Coast, a 271 -unit development near Hutton Center, the 301 at City Place, a 182 - unit development, Lyon Communities at First Street and Cabrillo Park, a 256 -unit project and commercial projects such as the expansion of the Discovery Science Center and the One - Broadway Plaza office building. In previous ordinances, staff has recommended a temporary one -year deferral program as a stimulus for both residential and non - residential development. Upon further review, and after successfully working through the fee deferral process on The Marke project, it is recommended to lengthen the ordinance period from one year to three years. Increasing the effective period of the ordinance will increase flexibility for several of the upcoming development projects to take advantage of this program as they reach the permitting process. To ensure that fees are paid prior to certificate of occupancy /compliance, provisions in the draft ordinance require a developer to execute a contract to pay the fees, with interest, prior to issuance of the certificate of occupancy /compliance. This contract will be recorded with the Orange County recorder and constitute a lien for the payment of the fees. Alternatively, the obligation will be secured by an irrevocable letter of credit from the developer. So as to avoid any fiscal impact to the City, the ordinance further provides that a developer will offset the City's costs to implement and administer the fee deferral program. The ordinance will be in effect for three years, unless extended for one additional three years by further action of the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. y M. Trevino Executive Director Planning and Building Agency MF:rb mNreports \Fee deferral RFCA_2013 75B -2 Edwin 'William , P.E. Interim Executive Director Public Works Agency ROH - 11/18/13 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO TEMPORARILY SUPERSEDE CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL CODE AND TO PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES 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 Mitigation Fee Act (Government Code section 66000, et seq.) authorizes the City to adopt and regulate monetary exactions for the purpose of defraying all or a portion of the public facility costs relating to a development project. The development impact fees are charged as a condition of approval and are used to alleviate the effects of development on the community by financing public improvements, services, or programs that bear a reasonable relationship to the development. Virtually all California cities, including Santa Ana, require applicants to pay mitigation fees as a precondition to issuing a building permit. The City may determine when such fees are to be paid. B. The City relies on new development to stimulate the local economy and to provide direct and indirect benefits to its residents and business by creating construction jobs, new market -rate and affordable housing, and new tax -base revenues for the City. C. This ordinance is intended to alleviate certain barriers to development, in light of the challenges facing the development industry in a fluctuating market economy, by allowing eligible project applicants to defer certain development impact fees. D. The Request for Council Action for this ordinance dated November 18. 2013, 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. E. 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 Ordinance No. NS -XXX Page 1 of 6 75B -3 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Definitions. The following words and phrases are defined for purposes of this ordinance as follows: "Applicant" means the owner or owners of record of the real property for which a fee deferral is sought pursuant to this ordinance. "Code" means the Santa Ana Municipal Code. "Executive Director' means the Executive Director of the Planning and Building Agency of the City. "Eligible Applicant" means an Applicant meeting the Eligibility Criteria for deferral of impact fees. "Eligibility Criteria" means an objective standard established by the Executive Director with concurrence of the City Manger, which may be amended from time to time as deemed necessary, used to determine appropriateness for incentives under this Chapter. "Fee Deferral Agreement" means an agreement, including a deed of trust, by and between the Applicant and the City in a form acceptable to the City Attorney, which is a prerequisite requirement for approval for any fee deferral under this ordinance. The Fee Deferral Agreement shall include provision for the payment of the City's reasonable costs in preparing. "Nonresidential" means (a) those commercial business activities which are permitted or allowed in the C1, C2, C4, or C5, or in commercial CR, SP or SD zoning districts as set forth in Title 41 of this Code, or (b) those industrial business activities which are permitted or allowed in the M1 or M2 zoning districts as set forth in Chapter 41 of this Code. "Subject Property" means the real property owned by the Applicant subject to the Fee Deferral Agreement. "Residential" means those activities which are permitted or allowed in the RE, R1, R2, R3, R4, PD, or in residential CR, SP or SD zoning districts, as set forth in section 41- 143 of this Code, and includes a live -work community as set forth in section 41 -101.5 of the Code. Ordinance No. NS -XXX Page 2 of 6 75B -4 Section 3. Deferral of Development Impact Fees for Residential and Nonresidential projects. A. Notwithstanding any other provisions of this Code, some or all of the development impact fees imposed on new Residential or Nonresidential buildings and structures located in the City may, upon application by an Eligible Applicant and approval of the Executive Director, be deferred subject to the provisions set forth below. Fees eligible to be deferred shall be: • Parks Acquisition and Development Fee • Drainage Area Master Plan Fee • Transportation System Improvement Fee (TSIP) • Major Thoroughfare and Bridge Fee (to the extent, if any, it is both collected and retained by the City) • Fire Facilities Fee • Sewer Connection Fee B. Prior to the City's consideration of an application for deferral of impact fees, the Applicant shall provide to the Executive Director, at the Applicant's sole cost and expense, a current preliminary title report on the Subject Property. C. No deferral shall be effective until the Applicant provides security to the City in the form of a Fee Deferral Agreement as set forth in section 4 of this ordinance, approved by the City Manager and in a form acceptable to the City Attorney. D. The maximum deferral period shall be: 1. Prior to the final inspection or issuance of a temporary certificate of occupancy or final certificate of occupancy for the new building or structure on the Subject Property, whichever comes first, or 2. One (1) year from the date of issuance of the building permit for the Subject Property. E. Notwithstanding any provision to the contrary, the deferred impact fees not paid at the time of building permit shall be subject to: 1. Interest on unpaid fees at the annual rate of interest which the City earns on its investment of pooled funds shall accrue from the date of issuance of the initial building permit until the deferred impact fees and all accrued interest is paid, and 2. An additional up -front charge shall be added to the unpaid amount to cover the administrative costs incurred in processing the fee deferral application and administering the fee deferral program. Ordinance No. NS -XXX Page 3 of 6 75B -5 Section 4. Form of Security for Unpaid Development Impact Fees. A. As a condition of the deferral, the City shall require the property owner, or lessee if the lessee's interest is of record, to execute prior to and as a condition of issuance of a building permit, a Fee Deferral Agreement, which shall provide that the deferred development impact fees shall be paid within the time set forth in section 4.D. of this ordinance, and secured by an obligation that shall inure to the benefit of, and be enforceable by the City, evidenced by either: 1. a senior, unsubordinated recorded lien on the Subject Property which shall be enforced against successors in interest to the property owner or lessee, releasable when the obligation is paid in full, which shall in the case of a Residential project include requirement for an escrow instruction providing for payment out of escrow from sale proceeds of the deferred fees prior to disbursing proceeds to the seller, or, at the Applicant's option, 2. an irrevocable letter of credit from the Applicant in a form approved by the City Attorney, which shall be releasable when the obligation is paid in full. B. The payment of such development impact fees shall be deemed a debt due and owing to the City at such time as set forth herein, which debt shall only be deemed satisfied and discharged upon payment in full to the City. The City may pursue collection through all available legal and administrative means including, but shall not be limited to, judicial or non - judicial foreclosure of the recorded lien against the Subject Property, a demand upon the irrevocable letter of credit, and /or civil judgment against the Applicant for breach of the Fee Deferral Agreement and /or the security provided hereunder. Section 5. Applicability. This ordinance and the incentives derived hereunder shall apply only to new development projects that have not obtained a building permit from the City at the time this ordinance is adopted by the City Council. This ordinance shall remain in effect for three (3) years from the adoption date, and as of that date is repealed unless a City Council adopts a further ordinance of resolution to extend that sunset date for an additional period not to exceed three (3) years. Section 6. Ordinance to Operate Exclusively. Except as set forth in this ordinance, all other provisions of the Code shall remain in full force and effect. Nothing contained in this ordinance is deemed to authorize or permit the deferral of payment of any fee or charge imposed upon Residential or Nonresidential development in the City except for those development impact fees expressly set forth in section 2 above. Ordinance No. NS -XXX Page 4 of 6 75B -6 Section 7. Severability. 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 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2013. Miguel A. Pulido Mayor 75B -7 Ordinance No. NS -XXX Page 5 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B -8 Ordinance No, NS -XXX Page 6 of 6