HomeMy WebLinkAboutItem 16 - Comprehensive Zoning Code UpdatePlanning and Building Agency
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Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: Comprehensive Zoning Code Update
AGENDA TITLE
Agreement with Moore, lacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning
Code Update in an Amount not to Exceed $1,574,515 (Specification No. 23-010)
(General Fund and Non -General Fund)
RECOMMENDED ACTION
Authorize the City Manager to make all conforming edits and execute a Professional
Service Agreement with Moore, lacofano, Goltsman, Inc. (MIG) for the Comprehensive
Zoning Code Update in an amount not to exceed $1,574,515, which includes a
contingency amount of $50,000 and optional tasks totaling $95,700, for a two-year term
beginning on October 17, 2023, and expiring on October 31, 2025, with provisions for
one two-year extension, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. 2023-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Planning and Building Agency plays a critical role in achieving the City Council's
goals for the physical development of the community. The Planning Division is one of
the four divisions that comprise the Planning and Building Agency. The Planning
Division is responsible for the review and processing of land use applications and new
development, the maintenance of the City's General Plan and Zoning Code,
environmental review, neighborhood initiatives and environmental justice efforts, and
historic preservation.
The City Council adopted a comprehensive update to its General Plan on April 19,
2022. The updated General Plan includes significant changes to the Land Use Map that
reflect the vision of the community to accommodate future growth along five major
transit corridors, and includes policies to address sustainability, health and wellness,
and environmental justice concerns through changes to the built environment.
To ensure the City's Zoning Code and General Plan are consistent, and to maintain
compliance with state law, comprehensive amendments to the Zoning Code are
Comprehensive Zoning Code Update
October 17, 2023
Page 2
required. Necessary amendments include the creation of new zoning district
designations and corresponding development standards; updates to the definitions,
signage, nonconforming, and parking sections; reorganization of the entire Zoning Code
to a more user-friendly format; and new standards to reflect new land use trends,
economic development trends, and land use goals of the City.
Background and Selection
Planning Division staff released two requests for proposals (RFPs) to solicit services for
the comprehensive update of the zoning code in August of 2021 (in anticipation of the
General Plan adoption) and November of 2022 (after adoption of the General Plan)
respectively, that were initially unsuccessful in soliciting adequate responses that met
the City's needs. Those efforts resulted in one proposal submitted by the same
consulting firm for each RFP. As a result, the procurement processes were non-
competitive and halted due to there being only one proposal.
Planning staff contacted numerous planning firms in an effort to determine the cause of
the limited interest and proposals for these RFPs. Based on the feedback received, staff
revised the listed tasks and deliverables in a third RFP and increased the RFP release
time to 60 days to allow for more thorough responses to be submitted.
RFP No. 23-010 was advertised on February, 21, 2023, on the City's online bid and
management publication system, PlanetBids, inviting qualified consulting firms with
relevant experience to submit their proposals to the City. A summary of RFP vendor
participation and results is as follows:
• Vendors notified: 362
• Vendors based in Santa Ana: 3
• Vendors downloaded the bid packet: 29
• Bids Received: 4
• Bids received from Santa Ana vendors: 0
Proposals were solicited, opened on April 13, 2023, and evaluated. Four proposals
were submitted by the RFP deadline and all were determined to be responsive. The City
formed a selection committee consisting of staff members from the City Manager's
Office, Planning and Building Agency, Public Works Agency, and Community
Development Agency. The selection committee evaluated the proposals and
interviewed the firms prior to making the final selection. The selected firm, MIG, will
provide the Comprehensive Zoning Code Update, which involves making changes to
Chapter 41 and the other sections in the Municipal Code that cross-reference or relate
to land use and zoning to ensure internal consistency within the Santa Ana Municipal
Code and address the aforementioned needed amendments.
Comprehensive Zoning Code Update
October 17, 2023
Page 3
FISCAL IMPACT
Funds are budgeted and made available in the following accounts for the specified year:
Fiscal
Accounting Unit-
Fund Description
Accounting Unit,
Amount
Year
Account #
Account Description
2023/24
01116510-62300
General Fund
Planning & Building,
$1,574,515
2024/25
Planning, Contract
Services - Professional
Grand Total
$1,574,515
EXHIBIT
1. Agreement with Moore, lacofano, Goltsman, Inc. (MIG)
Submitted By: Minh Thai, Executive Director of Planning and Building Agency
Approved By: Steven A. Mendoza, Assistant City Manager
AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND MOORE, IACOFANO, GOLTSMAN, INC. TO PROVIDE
COMPREHENSIVE ZONING CODE UPDATE SERVICES
THIS AGREEMENT is made and entered into this 17th day of October 2023 by and between Moore,
Iacofano, Goltsman, Inc. (MIG), a California corporation ("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 ("City").
A. On February 21, 2023, the City issued Request for Proposal No. 23-010, by which it
sought proposals from qualified firms to provide service for the comprehensive
update and reformatting of its Zoning Code and related maps, the development of
zoning districts and development standards for properties within the five Focus
Areas, and any technical studies and environmental documents required under the
California Environmental Quality Act (CEQA) for the project.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant
represents that it is able and willing to provide the services described in the scope of
work that was included in RFP No. 23-010.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional contracting firm in the field.
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. SCOPE OF SERVICES
a. Consultant shall perform during the term of this agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work
required to fully and adequately complete the services described in Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and consultant agrees to accept as total payment for its services
for City, the rates and charges identified in Exhibit B. The total amount to be
expended during the term of this Agreement, including any optional extension
periods defined below, shall not exceed $1,574,515. This amount includes a base
amount of $1,524,515, including optional services, and a contingency amount of
$50,000 for services requested at the sole discretion of the City.
b. Payment by City shall be made within forty-five (45) 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 and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above with a termination date of
October 31, 2025 with the option for the City to grant up to a one (1) two (2)-year renewal,
exercisable by a writing by the City manager and the City Attorney, unless terminated earlier in
accordance with Section 16, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, 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 Consultant performs the services
which are the subject matter of this Agreement; however, the services to be provided by Consultant
shall be provided in a manner consistent with all applicable standards and regulations governing such
services. Consultant 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. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in
plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed
in any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all
subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant represents and
warrants that Consultant has the legal right to license any and all Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which were provided to
Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at
any time, provided that any such use not within the purposes intended by this Agreement shall be at
City's sole risk.
INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
2
01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall- apply separately to this project/location
(ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
3. Workers' Compensation: Insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease. (Not required if consultant
provides written verification it has no employees.)
4. Professional Liability (Errors and Omissions): Insurance appropriates to the
Consultant's profession, with limit no less than $1,000,000 per occurrence or
claim, $2,000,000 aggregate.
5. Broader Coverage: If the Consultant maintains broader coverage and/or higher
limits than the minimums shown above, the Entity requires and shall be entitled
to the broader coverage and/or the higher limits maintained by the contractor.
Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the Entity.
b. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions:
Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf of
the Consultant including materials, parts, or equipment furnished in connection
with such work or operations. General liability coverage can be provided in the
form of an endorsement to the Consultant's insurance (at least as broad as ISO
Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and
CG 20 37 forms if later revisions used).
2. Primary Coverage: For any claims related to this contract, the Consultant's
insurance coverage shall be primary coverage at least as broad as ISO CG 20 01
04 13 as respects the City, its officers, officials, employees, and volunteers. Any
insurance or self- insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall provide that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right
to subrogation that any insurer of said Consultant may acquire against the City by
virtue of the payment of any loss under such insurance. Consultant agrees to
obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Consultant to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -insured
retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the
contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be
provided for at least five (S) years after completion of the contract of
work.
iii. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Consultant must purchase "extended reporting"
coverage for a minimum of five (S) years after completion of work.
8. Verification of Coverage: Consultant shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Consultant's obligation to provide them.
The City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at
any time.
9. Subcontractors: Consultant shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Consultant
shall ensure that City is an additional insured on insurance required from
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subcontractors.
10. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, 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 death, and claims for property damage, which may arise from the negligent
operations of the Consultant or its Consultants, 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 terms of, or effects, arising from this Agreement. The Consultant further
agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
reasonable 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. Notwithstanding the
foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above
indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees, for
infringement of any United States' letters patent, trademark, or copyright contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to the
costs incurred under this Agreement and any services, expenditures, and disbursements charged to
the City for a minimum period of three (3) years, or for any longer period required by law, from the
date of final payment to Consultant under this Agreement. All such records and invoices shall be
clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and
make transcripts or copies of such records and any other documents created pursuant to this
Agreement during regular business hours. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a period of three (3) years from
the date of final payment to Consultant under this Agreement.
5
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information
is reasonably understood to be confidential and/or proprietary, Consultant 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 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 acid/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 Consultant disclosed in a
publicly available source; (c) is in rightful possession of the Consultant without an obligation of
confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed
by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. 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 fax or other telegraphic communication in the
manner provided in this Section, to the following persons:
To City:
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With a copy to:
Executive Director
Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Email: PBAAdmin@santa-ana.org
rol
To Consultant:
Moore, Iacofano, Goltsman, Inc
Attn: Daniel Iacofano, President
537 S. Raymond Ave.
Pasadena, CA 91105
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,
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 fax, 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.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, 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 Consultant.
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
Consultant 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 are not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant 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 to this
Agreement performed by City personnel or by other consultants retained by City.
15. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted
by the provisions of this Agreement shall be effective unless it is in writing and signed by the party
waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy
shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor
shall any waiver constitute a continuing waiver unless the writing so specifies.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City 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 Executive Director 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.
17. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined and
prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,
termination or other employment related activities or any services provided under this Agreement.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
18. 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.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in
writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. 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.
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:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Minh Thai
Executive Director
Planning and Building Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
MOORE, IACOFANO, GOLTSMAN, INC.
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M 0 EXHIBIT A
Santa Ana Comprehensive Zoning Code Update
Revised Scope of Services — August 2023, October 2023
This scope of work focuses on:
■ Restructuring and rewriting Chapter 41 (Zoning) of the Santa Ana Municipal Code to improve
ease of use, facilitate future updates, and reflect state-of-the-art standards and processes that
will achieve quality development projects
■ Implementing General Plan policies and implementation programs to achieve long-range goals
■ Creating new zoning districts from the five General Plan Focus Areas
■ To the maximum extent possible, incorporating the nearly 100 specific plan zoning districts and
overlay zones into the code, either as clear cross references to comprehensive specific plans or
by subsuming those plans that are fully built out, into existing and new zoning districts
■ Incorporating graphics to illustrate development standards and desired conditions
■ Reworking current administrative procedures to achieve transparent, predictable, and
consistent processes for City staff and community members
■ Ensuring all regulations reflect current State laws
■ Addressing City staff's "fix -it" lists
■ Reflecting sustainability principles
■ Allowing this new, modern code to be translated into a readily navigable, hyperlinked, web -
based code
For ease of readability in the following scope, our team is identified the MIG Team, inclusive of all team
members.
Project Assumptions
■ Coordination meetings between City staff and the MIG Team largely will consist of video
conferences (for time and cost efficiencies).
■ For all deliverables provided to the City for review, the City will provide a single set of directed
revisions to the MIG Team using Word's track -changes function.
To facilitate this work approach, as an alternative we can prepare draft documents using Google Docs
or SharePoint.
TASK 1: PROJECT OUTLINE, MANAGEMENT, AND COORDINATION
The purpose of this task is to refine the approach to the Zoning Code comprehensive update and lay the
foundation for consistent project management and smooth communications throughout the work
program. We will also conduct initial research involving best -practices strategies and a high-level audit
of the existing Zoning Code and all special area plans.
PLANNING I DESIGN I COMMUNICATIONS I M A N A G E M E N T I SCI ENCEI TECHNOLOGY
537 S. Raymond Avenue • Pasadena, CA 91105 • USA • 626-744-9872 • www.mlgcom.com
Offices im California • Colorado • New York • Oregon • Texas • Washington
Subtask 1.1: Project Initiation and High-level Outline
At the outset of the project and following approval of the final scope, budget, and schedule (subtask
2.1), core MIG Team members will meet with City staff to officially kick off the project, gather data and
information, finalize protocols and communications, discuss the public engagement process, explore
options for structuring the revised Zoning Code, and outline overall expectations and desired outcomes.
As part of this initial meeting, we will tour Santa Ana with City staff to experience conditions in the field
and understand your vision for implementing General Plan policy. MIG will photo -document the tour
for use in subsequent presentations and work products.
Following the meeting and based on those meeting discussions, we will prepare a working outline for
the revised Zoning Code, indicating how existing code provisions will fit into the new structure and
where new sections will be introduced. This will be created as a shared Excel document to allow the City
and the MIG Team to track (over the course of the program) where existing code sections have been
moved and revised. The following is an example of the restructuring.
ProposedWhich
Article I: Purpose, Applicability, and Interpretation of
the Zoning Code
» Purpose and » Zones Established
and Applicability Zoning Map
» Interpretations » Enforcement
Current Articles
Include
Article I: In General
(partially) Article VIII:
Enforcement
Article 2: Zones, Allowable Uses,
and Development and
Article III: Use District Regulations
Design Standards
Specifically Article XIX: The
Transit Code
» Residential Zones
» Open Space Zones
As determined appropriate through the
>> Commercial and Office Zones >> Institutional Zones
analysis of the approximate 100 specific
» Industrial Zones
» Specific Plan Zones
plans and similar documents, some will
» Mixed -Use Zones
» Special Purpose Zones
be incorporated into this article while
others will be cross-referenced as stand-
alone documents.
Article 3: Site Planning and General Development Standards
Article II: Use Districts — General
(Applicable Citywide)
Provisions (partially) Article IV: General
>> Rules of Measurement
» Landscaping Standards
Provisions (partially)
» Site Planning
» Off-street Parking
Article VII: Setback Lines and Future
» Accessory Structures
Regulations
Right -of -Way Lines Article IX:
» Adaptive Reuse
>> Performance Standards
Miscellaneous
Signs>>
Article XI: On -premises Signs
» Fences, Walls, and
Hedges
» Other
Article XII: Off -premises Commercial
Advertising Signs (Billboards)
Article XVI: Water -Efficient Landscape
Standards Article XVI.II: Adaptive
Reuse
MIG. Inc.
ProposedWhich
.
Current Articles
Article 4: Standards for Specific Land Uses
Include
Article II: Use Districts —General
Provisions (partially) Article IV: General
This article will contain standards for uses such as drive-
Provisions (partially)
through establishments, hazardous waste businesses,
Article X — Mobile
home occupations, mobile home parks, outdoor storage
Home Parks Article
and display, recycling facilities, shelters for unhoused
XIII — Homeless
persons, vehicle fuel/charging stations, wireless
Shelters Article XIV —
telecommunications facilities, etc.
Recycling Facilities
Article XVI.I: Density Bonus for
A separate subsection will contain provisions regarding
Affordable Housing Article XVIII:
housing- specific regulations currently in the Santa Ana
Massage
code.
Article XVIII: Conversion of
Existing Buildings to Commercial
and Industrial Common Interest
Development
Article XVIII: 2021 Affordable Housing
Opportunity and Creation
Article XX: Small Lot Subdivisions, Urban
Lot Splits, and Two -Unit Projects
Article XXI: Outdoor Dining on Private
Property Article XXII: Mobile Food
Trucks on Private Property
(We recommend that Article XVII:
Adult Business Regulations be
relocated to Municipal Code Chapter
12—Adult Entertainment.)
Article 5: Nonconformities
Article VI: Nonconforming Buildings and
Uses
Article 6: Permit Processing Procedures
Article V: Conditional Use Permits,
Variances, Minor Exceptions,
Amendments, and Development Project
Plan Approvals (partially)
Article 7: Zoning Code Administration
Article V: Conditional Use Permits,
Variances, Minor Exceptions,
Amendments, and Development Project
Plan Approvals (partially)
Article 8: Definitions
Article I: In General (partially)
» Land Use Definitions
» Other Definitions
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In our team's collective experience preparing zoning code updates, we have identified a code structure
that works well. The structure is intuitive and easy to use. Generally, this structure follows the outline
above. We will discuss with you its benefits and make adjustments to fit Santa Ana's specific needs, per
our audit of the existing code/special area plans (subtask 1.3) and discussions with you. A draft outline
will be provided for City staff review. The outline will be revised based on staff direction and the result
of the MIG Team's research in Task 3; it will then be further refined and finalized prior to undertaking
the code revisions in Task 5 (Draft Zoning Code).
Subtask 1.2: Briefing Paper Summarizing Zoning Strategies
The current Zoning Code uses a traditional Euclidean approach to land use regulations. Many of the
specific plans are form -based codes. Selecting the best approach for the five General Plan focus areas
will require discussions with City staff to determine what is working best to achieve desired outcomes,
while also considering what approaches best facilitate development review. With new State law
requirements regarding application of objective design standards to the review of residential
development applications and most mixed -use projects, many cities have embraced a hybrid approach,
one that allows for greater flexibility than form -based coding. To guide the discussion of the preferred
approach for the new Santa Ana Zoning Code, the MIG Team will prepare a briefing paper describing
strategies and options for City staff consideration. This paper will be informed by our past work, ongoing
work in other communities, our audit of the current Zoning Code and special plan areas, analysis of the
interim development standards in subtask 2.2, and the research of current special planning area
documents undertaken in Task 3 (Literature Review).
Subtask 1.3: Project Management, Project Team Meetings/Phone Calls
The purpose of this subtask is to ensure project management meets the City's expectations and keeps
the program moving forward, including contract administration, invoicing, scheduling, and the timely
delivery of products. We will prepare monthly invoices and have biweekly phone calls with the City's
project manager (and other staff as appropriate) to monitor and review project progress and results.
Action summaries for each meeting will be provided. In addition, throughout the course of the work
program, we will meet with City staff to discuss options for policy implementation and preferred
direction, and to review draft work products. Our budget includes an allowance for staff meetings and
phone calls we feel is appropriate for accomplishing the work described in this proposal within an 18-
month time frame.
Task 1 Meetings:
» Kick-off meeting and tour
» Meeting to review preliminary draft outline
» Biweekly project management telephone calls
Task 1 Deliverables:
» Kick-off meeting agenda
» Biweekly call agendas and meeting summaries
» Preliminary working draft Zoning Code outline
» Briefing paper on zoning strategies
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TASK 2: PROJECT COMMENCEMENT
Task 2, as described in the Request for Proposals, focuses on refining the work program, project
schedule, and public engagement program, as well as reviewing the General Plan interim development
standards for the five focus areas. The timing of these tasks overlap with Task 1 work, as indicated in
the schedule on page 17 of this proposal. We have described them here to follow the Request for
Proposals structure.
Subtask 2.1: Work Scope Refinement and Program Kick-off
Prior to the project commencement and kick-off meeting described in subtask 1.1, the MIG Team will
work with City staff to review, refine, and finalize the work scope and project schedule. This will consist
of two video conference calls to discuss project goals, available resources, City staff shared
responsibilities for engagement outreach and activities, scheduling of engagement events, stakeholders
to involve, and City staff's preliminary ideas for updating the Zoning Code.
Subtask 2.2: Briefing Paper on Interim Standards and Existing Form -based Code Standards
As a parallel task to developing zoning strategies in subtask 1.2 above the MIG Team will review the
Focus Area interim development standards contained in Land Use Element Appendix A to identify how
those standards might be brought into the updated Zoning Code. The standards indicate maximum
densities and heights, reflective of General Plan land use policy, but also cross reference existing
development standards in the Zoning Code and special area plans that apply. We will assess whether
those cross-referenced standards may be appropriate for future development or whether a new zone
is needed to better implement policy direction. For example, the Flex 1.5 designation relies upon land
use and development standards for the M1 zone, but those M1 regulations do not reflect the vision for
the flex areas; we will likely recommend creation of a new zone.
We will prepare a briefing paper summarizing our analysis and outlining recommendations. These
considerations will be further explained in the Zoning Strategies paper described in Subtask 1.2.
Task 2 Meetings:
» Work scope refinement video conferences (2 calls)
Task 2 Deliverables:
» Revised work scope, budget, and schedule
» Summary of video conference discussion
» Briefing paper on interim standards
TASK 3: LITERATURE REVIEW AND SUMMARY AUDIT
The purpose of this task is to analyze special plan areas (specific plans, form -based code areas, and
specific development areas) and to pull together a comprehensive audit that will guide the
comprehensive Zoning Code update.
Subtask 3.1: Audit of Special Plan Areas and Citywide Design Guidelines
Santa Ana has adopted a series of specific plans, form -based code area plans, and specific developments
to tailor use and development standards for unique neighborhoods and districts. Close to 100 of these
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special plan areas exist. This approach to land use regulation can make implementation challenging for
applicants and City staff, and staff is looking for ways to simplify regulation, both by using the newer
specific plans and specific development plans to inform standards for the Focus Areas and to subsume
built -out specific developments into existing or newly created zoning districts. In addition, the Citywide
Design Guidelines apply to all types of development in the community. Given recent State legislation
that requires application of objective design standards (ODS) to virtually all residential and mixed -use
developments, subjective guidelines can no longer be used to review residential development
applications.
The MIG Team will undertake an in-depth audit of all such plans and the Citywide Design Guidelines.
With regard to the plans, we will assess whether each should be retained as stand-alone plan, updated,
deleted, or merged with other plans/specific developments/zoning districts. The audit will be produced
in the form of an on-line matrix to allow for easy reading and tracking as to disposition of each plan
area. For the Citywide Design Guidelines, we will annotate the existing document to indicate which
design guidelines can be incorporated into the updated Zoning Code as ODS.
Subtask 3.2: Prepare Comprehensive Chapter 41 Audit and Update Guidance Matrix
Altogether, subtasks 1.2, 2.2, and 3.1 will provide guidance regarding the structure and content for the
updated Zoning Code. A comprehensive audit of all Chapter 41 articles is also needed to establish
guidance for the work tasks ahead. For this task, the MIG Team will complete a comprehensive audit of
Chapter 41 to identify all issues to be addressed and the options for addressing them, including revisions
needed to respond to recently adopted General Plan policy. This audit will draw from:
■ Our independent review of the General Plan
■ Stakeholder interviews (subtask 4.2)
■ Recent legislation and case law
■ Discussions with City staff
■ Knowledge of best practices
The audit largely will be in an online matrix format, divided into these broad categories:
1. General Plan policies to be addressed via zoning regulations
2. New State laws needing to be incorporated
3. Each of the Chapter 41 articles
We expect that the matrix will be an evolving document as we progress through the update process.
MIG will prepare this diagnosis in a format that can be used to track revisions during the drafting process
and as a source for the preparation of staff report(s) when the draft Zoning Code goes through the public
review and adoption process.
We will also audit the Municipal Code for other sections that cross reference or relate to Chapter 41 to
identify what updates may be needed to ensure consistency.
Task 3 Meetings:
Meetings to discuss the audits (3 budgeted)
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Task 3 Deliverables:
» Audit of special plan areas and Citywide Design Guidelines
» Chapter 41 audit and guidance matrix
TASK 4: PUBLIC ENGAGEMENT STRATEGY
The public engagement subtasks will include technical meetings led by MIG and public -facing meetings
and other activities led by Kearns & West. The budget reflects the level of involvement from each team
member.
The recent General Plan and Housing Element update programs included extensive community
engagement efforts dating back to 2016: community conversations, a General Plan Advisory Group,
workshops and surveys, and focused Housing Element roundtables. Our experience with zoning code
update programs has shown that people generally do not engage in code update programs until the
public hearing phase or unless a workshop is very narrowly focused. Thus, we have prepared the
following menu of potential engagement activities. The City will select which to include based on what
you believe will be most effective. You may identify alternative methods as well that can be
incorporated into the program. The budget includes an allowance for all engagement tasks. Per your
direction, the program will be tailored to match this budget or an alternative allocation of funds. Also,
if you elect to combine outreach activities for the code update and the separate but parallel public realm
plans, we will want to define the approach through the scope refinement task.
The City has received a grant from the Southern California Association of Governments (SCAG) to fund
an in-depth community engagement approach for this program, with the emphasis on funding
participation by community -based organizations (CBOs), reimbursing the CBOs for their time, and
covering production costs of materials needed by the CBOs to engage their constituents. Our scope and
budget assume the City will contract with and coordinate with the CBOs separately from this contract.
A portion of the grant funding will be used by MIG to engage with the CBOs as part of the broader work
program.
For all public engagement events, the MIG Team will be responsible for preparing presentation
materials, leading the activities, and preparing event summaries. We will also prepare advertising
materials in English and Spanish; City staff will be responsible for all media posts and other advertising.
Subtask 4.1: Public Involvement Plan (PIP)
Following the project kickoff meeting and in conjunction with the overall project schedule, Kearns &
West will prepare a PIP which will serve as a guide to the community, stakeholder, and developer
engagement process. The PIP will include elements necessary for City staff and the consultant team to
create pathways for active public engagement in the planning process, and incorporate goals for
participation, stakeholder list, a communications plan, programs and activities, roles and
responsibilities, and a calendar. The PIP will outline how the engagement will be inclusive and how non-
English speakers can participate in the process, schedule, address issues, and/or take advantage of
opportunities. The project team will host a meeting with City staff and CBO partners to review the PIP
and identify changes or updates.
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Subtask 4.2: Stakeholder Interviews
To understand any concerns the development community, residents, businesses, and other
stakeholders may have about the current Zoning Code— and to identify changes they would like
considered —the MIG Team will conduct an intensive series of interviews with community stakeholders
and developer interest groups. These will consist of one-on-one and group meetings with individuals
and groups identified by City staff (in consultation with the CBO partners and MIG Team). The primary
areas of interest will be the five Focus Areas. Persons or groups who may be interviewed include
architects and developers, local builders and contractors, commercial and industrial property and
business owners, realtors, neighborhood groups and homeowners' associations, and the Santa Ana
Chamber of Commerce. We also plan to interview Code Enforcement staff, as they are in the field every
day and have a keen understanding of what works and what does not. As an option, we can also
interview members of the City Council and Planning Commission. City staff will be responsible for
meeting logistics and scheduling meetings. We have assumed three full days of approximately one -hour
individual and group interviews, to be attended by three members of the MIG Team. Some interviews
can be conducted in the early evening if needed to accommodate interviewees' schedules. Many will
be conducted via video conference.
Participants will be encouraged to share their specific concerns about use/development standards and
permitting processes, and to provide suggestions on how to address these concerns. Following
completion of the interviews, we will prepare a summary memorandum for City staff's review,
identifying key takeaways from the stakeholder interviews.
Subtask 4.3: Zoning Symposium for the Planning Commission and City Council — OPTIONAL TASK
This is an optional task not included in the budget.
We propose to conduct a half -day zoning symposium with the City Council and Planning Commission
early in the work program. The purpose is two -fold: 1) to provide information about the scope of the
code update and key issues that must be addressed (e.g., changes to reflect General Plan policy, new
laws), and 2) to hear ideas and suggestions regarding key topics being addressed (e.g., revised
administrative procedures, adaptive reuse and historic preservation). The public will be invited to
attend. Symposium topics will include:
■ How zoning codes shape the appearance and function of all land uses in a community
■ How communities use zoning/subdivision regulations to achieve development goals
■ How cities look to zoning code updates to achieve their development objectives
■ Transforming the City's existing Zoning Code into a more understandable, streamlined,
defensible, and effective user-friendly planning implementation tool
■ Correlating zoning code provisions with General Plan policies and standards
■ State-of-the-art zoning code structure, format/ style, and graphic design for creating easy -to -use
documents
■ Zoning districts: how many, what types, when to use overlays and combining designations
■ Zoning standards: type, specification, and performance -based approaches, graphic support, and
representation
■ Objective design standards, form -based and performance -based codes, and hybrid codes
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■ Content -neutral sign regulations, nonconforming uses, and other controversial regulatory issues
■ Steps to faster, effective, and thorough development permit review procedures
The MIG Team will be responsible for organizing the symposium. Up to six team members will attend,
as we may include break-out sessions requiring facilitation and note -taking. Following the session, MIG
will prepare a summary highlighting specific policy direction given by the Council and Commission. City
staff will be responsible for securing the venue and providing required noticing for the meeting.
Subtask 4.4: CBO Engagement
4.4.1. C80 Partner Strategy
The intent of CBO and neighborhood organizational participation is to conduct grassroots outreach and
engagement, thereby extending the reach of the City and the MIG Team. The Southern California
Association of Governments (SCAG) has awarded the City a grant to provide resources that will enable
neighborhood -based grassroots activities. While we will detail grassroots activities in the CBO Partner
Strategy, examples of potential activities to be implemented by CBO partners and neighborhood
organizations through the SCAG grant include but are not limited to:
■ Email/text messaging
■ Door-to-door canvassing
■ Community walks
■ Paid focus groups
■ Tabling at neighborhood events
■ Presentations at CBO and/or neighborhood meetings
■ Meetings -in -a -box
■ Volunteer appreciation gathering
We will host one strategy session with City staff to discuss how best to coordinate and engage with
trusted CBOs and neighborhood organizations across the City, with a focus on those along the five
corridors. We will also review past approaches that have successfully engaged CBOs, neighborhood
organizations, and community members so that we may best engage them in the project. During a
second strategy session, the MIG Team, the City, and SCAG CBO partners will exchange information and
detail the methods of grassroots engagement. These strategy sessions will enable us to identify themes,
discussion topics, and methods for grassroots engagement. Our team will use this information to draft
a CBO Partner Strategy, which is intended to elicit the needs, experiences, and ideas of CBOs and
neighborhood organizations with respect to the Zoning Code Update. This strategy will include a
timeline for engagement, tools, and resources to conduct and facilitate engagement with CBOs and
neighborhood organizations, a CBO and Partner conversation guide, based on the themes and topics
identified with City staff, and a CBO compensation plan.
Team member Kearns & West will deliver a draft and final CBO Partner Strategy based on strategy
sessions with City staff and SCAG CBO partners.
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4.4.2. Grassroots Engagement Toolkit and Training
The MIG Team will develop a graphic identity and a toolkit for CBOs to use for their grassroots
engagement activities. The toolkit will include collateral needed for the grassroots engagement such
as, but not limited to, promotional flyers, a project fact sheet, social media strategy, activity guides,
posters, and an informational presentation. Printing materials for the toolkit will be the responsibility
of the City and/or CBO partners and funded through the SCAG grant.
We will work with City staff and the CBO partners to coordinate a Zoning Code Update grassroots
engagement training intended to equip CBOs and neighborhood organizations with the project
awareness and tools needed to cohesively and effectively reach and involve their networks. The MIG
Team will host the training in partnership with City staff. The City's Neighborhood Initiatives and
Environmental Services staff will play an important role given their relationship with the CBO partners
and neighborhood organizations. The MIG Team will prepare and deliver a presentation about the
Zoning Code Update, distribute the toolkit, conduct training, and facilitate role-playing exercises to
prepare participants for their work in the field.
4.4.3. Manage Financial Relationships with CBOs
We value the lived experience and input of our community partners, which is why we have championed
community compensation strategies. CBOs, neighborhood organizations, and community members
provide essential information to projects through their relational wealth and lived experience.
Compensation is the best way to access this expertise; compensation not only honors that wealth and
experience, but also allows individuals to avoid tradeoffs that might otherwise lead to them not
participating.
During our initial bi-weekly check -ins and strategy sessions, our team will learn more about Santa Ana's
procurement requirements and work to build a system to financially compensate participating CBO,
neighborhood organizations, and, potentially, community members. The MIG Team will also consult
SCAG during a regular bi-weekly check -in to ensure compensation processes and procedures comply
with grant funding requirements.
We will have a dedicated team member from Kearns & West working to manage subcontracts and
payments. Our team has staff accountants who will aid us in ensuring the process is user-friendly and
that payments are made in a timely manner. The process development will be reviewed by City and
SCAG staff; we will also ensure all payments are approved by the City and SCAG.
Subtask 4.5: Community Workshop Series
Our team will facilitate a series of Community Meetings with each of the five (5) Focus Area Corridor
Plans: three (3) meetings in each focus area for a total of fifteen (15) meetings. Our team envisions the
first focus area meeting to be structured as a Listening Workshop and the second and third meetings as
hands-on Place -based Workshops. The Listening Workshops will serve to introduce the project to the
community and will allow for City residents, local businesses, and stakeholders to learn about the
project, and our team to hear from the community about how they understand the project area and
goals.
The Place- based Workshops will be used to gather feedback on specific elements of the Focus Area
Corridor Plans. The workshops may include a presentation, a large group format, and small group
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breakout sessions designed for cross-pollination of ideas using models, hands-on activities, surveys
and/or visual tools. As appropriate, workshops will include Spanish translation and/or Spanish -only
breakout sessions. Our team is prepared to offer these workshops as virtual events if needed.
Our team will prepare workshop notices/flyers that can be distributed by the City to promote
participation. Our team will also develop a logistics plan for each series of meetings (up to three (3)
logistics plans).
The facilitation and preparation of workshops will include community -based organizations (CBO's). This
will allow for deeper engagement in communities in each focus area, as well as the opportunity to get
the word out to more community members beyond the traditional reach of the City.
Subtask 4.6: Website Content and Materials
Our team will provide content for and support the City Staff in providing materials for the City's website
and social media including text, diagrams and imagery. Information and content will be updated
throughout the process to ensure community members are informed and understand how they can
participate. This will include a draft social media strategy for each series of workshops (up to 4),
development of flyers or postcards and the project fact sheet created as part of the grassroots
engagement toolkit in Task 4.4.2. All materials will be translated in both English and Spanish.
Subtask 4.7: Digital Surveys — OPTIONAL TASK
This is an optional task not included in the budget.
Our team proposes using an online survey tool to share information on the project and gather input on
the Zoning Code Update from the community. Our outreach team has found SurveyMonkey to be a
cost-efficient yet engaging tool to gather meaningful feedback. The project team will design up to two
surveys throughout the project, with additional surveys an optional task. Kearns & West has experience
with digital platforms like Bang the Table (now Granicus) and Metroquest and can involve them if the
City is looking for an interactive online platform for an additional fee. The surveys are not scientifically
valid and will include closed questions with up to two open-ended questions.
The surveys can be designed to allow one survey for each of the corridors, with options to choose which
corridor to respond to and questions on the overall process. The survey will be developed in English and
Spanish.
Subtask 4.8: Public Outreach Summary Reports
A Public Outreach Summary will be provided following each set of meetings. Summaries will focus on
broad themes and ideas emerging from the workshops, along with any geographic or issue -specific input
helpful to the development and refinement of the Focus Area Corridor Plans. Appendices to the
summaries will include more detailed comments, sign -in sheets, completed worksheets, photos, etc.
Based on information provided by the CBO partners and neighborhood organizations, the summary
reports will also include the results of grassroots engagement activities.
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Task 4 Meetings:
» Stakeholder interviews (three full days) —via video conference
» Grassroots Engagement Training
» City Council/Planning Commission Zoning Symposium (half day) — in person - OPTIONAL
» Three community workshop series of five meetings each (15 total) — via video conference/in person
Task 4 Deliverables:
» Public Involvement Plan
» CBO Partner Strategy
» Grassroots Engagement Toolkit
» Grassroots Engagement Training presentation
» Stakeholders interview summary
» Zoning symposium summary - OPTIONAL
» Community workshop summaries (three)
» Social media content (biweekly)
» A CBO compensation plan as part of the CBO Partner Strategy
» Timely CBO payments based as laid out in the compensation plan
» Management and documentation of CBO payments
TASK 5: DRAFT ZONING CODE
This task includes the steps necessary to produce administrative review drafts of the Zoning Code for
City staff review. The drafts will be prepared as changes to individual articles, chapters, and sections,
and will be provided to staff in this manner to allow for timely, focused feedback. We will use either
Google Docs or SharePoint to prepare the pre -public review drafts. This allows MIG Team members to
work collaboratively among themselves before providing drafts to City staff for review. City staff
(Planning and Building Agency) may then work together on the documents, sharing their comments
with one another and resolving any internal discussions before presenting direction to the MIG Team.
Graphics and formal formatting will be completed following staff review of the second administrative
draft. We, and our clients, have found this overall approach to be highly efficient.
Because the comprehensive Zoning Code update will result in many code sections largely being
rewritten and the entire code rearranged, we will not prepare a legislative version (strike-
out/underline). Instead, we will use the tracking matrix described in subtask 3.2 to identify substantive
revisions and to indicate where existing Zoning Code provisions have been relocated within the new
structure.
Where few changes occur, that will be indicated as well. We have planned for the adopting ordinances
to be structured to state "remove and replace" the affected code sections. If the City Attorney or others
indicate that legislative redline versions are required, substantial additional costs will be incurred.
Subtask 5.1: Style Sheet, Format, and Outline
The MIG Team will prepare a style and word usage guide listing standard conventions and nomenclature
to be used in the Zoning Code. This will be important for guiding code authors and City staff in their
review. Based on the input received from staff, MIG will revise the annotated outline and style guide;
one round of revisions is assumed.
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We will also prepare a detailed outline of the updated Zoning Code for City staff review. This outline will
be approved by City staff and will shape how the MIG Team performs its work. While minor
modifications to the outline can be expected as work proceeds, any substantive changes directed by
City staff once we have initiated the writing could result in rework beyond what we have budgeted and
would be considered additional services.
Subtask 5.2: Administrative Draft Zoning Code Amendments —Two Drafts
This subtask involves preparing administrative drafts of the Zoning Code articles, chapters, and sections.
The comprehensively updated Zoning Code will be prepared based on all input received from City staff,
the community, City Council, and Planning Commission, plus the agreed -upon approach for the five
Focus Areas.
We will draft the new code to follow the new format, incorporating extensive use of tables and graphics.
Key revisions to be made include:
■ Creating zoning districts and unique standards for the five Focus Areas (using the agreed -upon
approach)
■ Consolidating or subsuming into other zones the regulations for built -out specific development
(SD) districts to the maximum extent possible
■ Incorporating objective design standards for residential and mixed -use zones (as required by
law), using the existing Citywide Design Guidelines as a starting point
■ Creating standards to address transitions between new, higher -intensity developments to lower -
scale traditional neighborhoods
■ Introducing new uses into the Civic Center area for activation
■ Re-evaluating and revising open space requirements for residential developments
■ Update the adaptive reuse regulations to preserve historic buildings and allow conversion to
housing
■ Incorporating buffer zone provisions for the industrial zones
■ Updating the sign ordinance to ensure content neutrality and address visual clutter
■ Rethinking and reworking parking regulations to reflect evolving travel practices and vehicle
technologies
■ Overhauling administrative procedures to simplify procedures and create greater transparency
With regard to administrative procedures, while the current code groups most in Article V, some
procedures such as those related to prezoning, home occupation permits, and sign permits are
scattered throughout the code. Within Article V, procedures related to specific permit types (minor
exceptions, conditional use permits, and variances) are grouped with common procedures such as
application filing, hearings, and public notice in one division. Subsequent divisions are dedicated to
individual procedures, including amendments, development project approval, and land use certificates.
Additionally, Division 2 includes allowances or requirements specific to certain uses, which may be
better located with the use standards themselves.
This organization and format of the review and permit procedures in the current code makes it difficult
to understand, compare, and contrast the rules for gaining approval. Property owners need to easily
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find out what they can do with their property, including who will make the decision, how long it will
take to get to yes (or no), and what can be done if one someone disagrees with the outcome. Similarly,
entrepreneurs seeking locations for new businesses want to know where they can locate and what
requirements will apply.
A code format and development review procedures that provide the type of certainty that applicants
seek are not antithetical to the public's demand for transparency and opportunities for input into the
development review process. Indeed, a code that provides greater certainty for applicants can also
provide certainty to residents who want to know what can be built next door and who will decide.
We anticipate consolidating administrative provisions currently scattered throughout the code into one
article, with the goals of: 1) streamlining certain review processes, 2) consolidating provisions to
improve usability of the code and ensure consistency among processes, and 3) updating/revising any
other administrative provisions that staff has found problematic.
Subtask 5.3: Public Review Draft Zoning Code
Based on input and direction from City staff on the second administrative draft Zoning Code, the MIG
Team will prepare revisions to the updated Zoning Code for public review and distribution. The public
review draft will be suitable for posting by the City on the City's website.
We propose posting the Zoning Code online in a format that allows the public to interactively comment
on the code provisions using Konveio. No printed copies of the public review draft are planned to be
produced.
Task 5 Meetings:
» Meetings with City staff to review administrative draft Zoning Code articles
Task 5 Deliverables:
» Administrative draft #1 Zoning Code (online shared files)
» Administrative draft #2 Zoning Code (online shared files)
» Public review draft Zoning Code — For posting on City website and Konveio
TASK 5B: DRAFT AND FINAL ZONING MAPS
Subtask 5B.1: Prepare Draft Zoning Map
The City's zoning map will need updating to be consistent with the new General Plan land use policy
map. Properties within the five Focus Areas that received new land use designations will require zone
changes. In addition, other properties outside of the Focus Areas have inconsistent zoning district and
land use designations that will require rezoning for consistency. And, through the code update process,
City staff may determine that certain special area plans could be rezoned for simplicity. Using GIS data
provided by City staff for both the General Plan and zoning map, the MIG Team will prepare a
consistency matrix indicating the correlation between the land use designations and zoning districts and
use this to identify where inconsistencies are on the zoning map.
(Working collaboratively with Planning staff, we will identify the proper zones to assign to achieve
consistency and then create a draft revised zoning map for staff review.
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Subtask 513.2: Prepare Public Hearing Draft and Final Zoning Maps
City staff will provide a consolidated mark-up of the draft zoning map indicating revisions. The MIG
Team will make the revisions to create the zoning map that will be used for public hearings and targeted
outreach to property owners who will be affected by the zone changes.
Following public hearings, we will prepare the final zoning map to incorporate any changes made during
the public hearing process. Because the extent of these revisions cannot be known, the budget includes
an allowance. All final GIS files will be delivered to the City.
Subtask 513.3: Targeted Engagement Materials for Zone Changes/Workshops — OPTIONAL TASK
This is an optional task not included in the budget.
We will prepare targeted engagement materials for property owners affected by the zone changes. On
prior rezoning programs, we have found that most owners' questions and concerns can easily be
answered prior to hearings, thus streamlining the hearing process. We will prepare informational
materials consisting of a map or series of maps indicating which properties are proposed to be rezoned
(from and to). This will be accompanied by text explaining the General Plan implementation focus, the
new uses allowed, and any new development standards. Links will be provided to the proposed draft
Zoning Code. While we envision that the materials will be web -based and interactive, with affected
property owners mailed a card (by the City) directing them to the on-line information, for additional
cost we can prepare a mailable brochure. MIG would prepare the brochure, with the City responsible
for production and mailing. The budget assumes production of two administrative drafts and one draft
for publication on the City's website. For each draft, City staff will provide one consolidated mark-up
indicating direction.
As one or more of the 15 public workshops included in subtask 4.4, we propose to conduct workshop(s)
specifically focused on the proposed rezonings. City staff would be responsible for noticing affected
property owners (facilitated by the APNs identified via GIS). MIG would prepare the workshop materials
and lead the workshop. We recommend that this be conducted as an on-line workshop since many
property owners may not live in Santa Ana.
Task 5B Meetings
» Meetings with City staff to review draft map and targeted engagement materials - OPTIONAL
» Focused rezoning workshop(s) - OPTIONAL
Subtask 5B Deliverables
» General Plan/zoning consistency matrix (pdf)
» Administrative draft zoning map (pdf)
» Public hearing draft zoning map (pdf)
» Final zoning map (GIS files)
» Administrative draft rezoning informational materials (pdf, 2 rounds of review) - OPTIONAL
» Final rezoning informational materials (pdf and source files) - OPTIONAL
MIG. Inc.
TASK 6: PLANNING COMMISSION AND CITY COUNCIL WORKSHOPS
The purpose of this task is to have the public and decision makers review and comment on the public
review draft Zoning Code, and to provide direction for any further revisions to consider as part of the
public hearing process. The workshops described below are in addition to the optional Zoning
Symposium in Subtask 4.3.
Because the policy direction for this update will largely lie on the foundation provided by the General
Plan, we propose that the workshops with Planning Commission and City Council subcommittees, as
well as the full bodies, be structured to highlight how the Zoning Code update will implement
established policy. This will include any required rezoning of properties (a parallel task to be undertaken
by the City).
For all Commission and Council workshops, the City will be responsible for securing the venue and
providing public notice. The MIG Team will prepare all presentation materials and make the
presentations. Up to four team members will attend each workshop session, which we assume will be
in -person events. We will prepare an action summary following each workshop but not any official
minutes.
Subtask 6.1 Planning Commission and City Council Subcommittee Workshops (one each)
During the process of preparing the first administrative draft Zoning Code, we have planned one
workshop each with Planning Commission and City Council subcommittees to explore issues for which
Planning staff believes additional policy direction is needed. This may be, for example, how to assign
authority for review of projects subject to objective design standards or options for requiring open
space. We will work with City staff to define the topic areas.
Subtask 6.2: Planning Commission Workshops (2)
Once the public review draft Zoning Code has been published, we will conduct two workshops to review
the new Zoning Code, highlighting significant changes to zones, development and design standards, and
administrative procedures. The MIG Team will capture comments from the Planning Commission and
the public and use those to prepare an action summary of revisions to consider during the public hearing
process. No changes to the public review draft will be made as a result of the workshops.
Subtask 6.3: City Council Workshops (2)
We have budgeted for two workshops with the City Council once the public review draft Zoning Code
has been published. The timing will depend upon how City staff believes the Council will want to
participate: either in parallel with Planning Commission review or once the Commission has conducted
its hearings and made a recommendation, but prior to formal Council hearings. The MIG Team will
capture comments from the Council and the public and use those to prepare an action summary of
revisions to consider during the public hearing process. No changes to the public review draft will be
made as a result of the workshops.
Task 6 Meetings:
» Planning Commission subcommittee workshop (1)
» City Council subcommittee workshop (1)
» Full Planning Commission workshops (2)
MIG. Inc. 1
6
» Full City Council workshops (2)
Task 6 Deliverables:
» Workshop presentations
» Action summary of decisions for each workshop session
TASK 7: CEQA COMPLIANCE
The purpose of this task is to prepare environmental review to comply with the California Environmental
Quality Act (CEQA). Because the City recently certified a Final Environmental Impact Report (FEIR) for
the comprehensive General Plan update and the Zoning Code update will implement established policy,
we have planned for preparation of an FEIR Addendum.
We have used this approach for several cities where a comprehensive Zoning Code update followed
adoption of a General Plan.
Subtask 7.1: General Plan EIR Addendum
MIG's dedicated environmental compliance staff will prepare an administrative draft Addendum for
review by City staff. The Addendum will cover all topic areas addressed in the General Plan FEIR, tiering
on the analysis to indicate that the Zoning Code update implements adopted land use policy and the
implementation actions set forth in the General Plan. Where targeted additional analysis is required,
such as for adaptive reuse provisions, the Addendum will provide that analysis.
Following receipt of City staff comments on the first administrative draft, we will prepare a second
administrative draft for final staff review. The Addendum will be published in tandem with other
documents required forthe public hearing process; CEQA does not require a public review and comment
period for an Addendum.
Task 7 Meetings:
None
Task 7 Deliverables:
» Administrative draft Addendum (2 rounds of review)
» Addendum for the public hearing process
TASK 8: PUBLIC HEARINGS
The purpose of this task is to conduct formal public hearings on the updated Zoning Code.
Task 8.1: Planning Commission Public Hearings (2)
We have budgeted for two hearings with the Planning Commission to present the draft Zoning Code.
Up to three MIG Team members will attend each hearing. Additional hearings, if required, would be
billed as additional services with prior City authorization.
We will prepare a PowerPoint presentation for the hearings and present it to the Planning Commission.
MIG Team members will take detailed internal notes to capture Planning Commission -directed changes.
MIG. Inc.
No changes to the public hearing draft will be made based on these recommended changes, but the
information will be provided to the City Council as part of its hearing packet.
Task 8.2: City Council Public Hearings (2)
We have budgeted for two hearings with the City Council to present the draft Zoning Code and the
Planning Commission's recommendations. Up to three MIG Team members will attend each hearing.
Additional hearings, if required, would be billed as additional services with prior City authorization.
We will prepare a PowerPoint presentation for the hearings and present it to the City Council. City staff
will prepare all required staff reports and provide hearing notice.
Task 8 Meetings:
» Planning Commission hearings (2)
» City Council hearings (2)
Task 8 Deliverables:
» Presentations for public hearings
» Internal summary notes of Planning Commission's recommendations
TASK 9: FINAL ZONING CODE
The purpose of this task is to incorporate all Council- directed revisions into a final Zoning Code and
provide City staff with all associated final materials.
Subtask 9.1: Final Zoning Code
Following final City Council direction on the Zoning Code, the MIG Team will prepare the final document
to incorporate City Council direction. This version will be used for the second reading for adoption. In
the budget, we have allocated a certain number of hours to prepare the final Code, assuming two rounds
of review. If final City Council direction for Code revisions requires additional effort beyond that
indicated, we will bill for the additional hours as additional work with prior authorization from City staff.
Subtask 9.2: Assemble Graphics Package
The MIG Team will assemble all graphics files in their original Illustrator, SketchUp, and other file
structures used for delivery to the City (to allow the City to make any future required revisions or create
new graphics).
Subtask 9.3: Format and Settings Manual
The RFP asks for a "manual for making required updates to the document, including formats and
settings, allowing staff to make changes to the file as future text amendments are adopted." The MIG
Team will deliver the final Zoning Ordinance in its adopted Word format, with all format and settings
macros intact.
We will prepare a brief memorandum explaining the formatting used.
Task 9 Meetings:
» None
MIG. Inc. 1
8
Task 9 Deliverables:
» Final Zoning Code (pre -check final and final) — Word
» Graphics package — Illustrator, SketchUp, and other formats used
» Formatting memorandum
TASK 10: POST -ADOPTION CEQA, TRAINING, AND CONTINGENCY FOR CHANGES
The purpose of this task is to provide follow-on services to City staff to ensure the new Zoning Code
works well as envisioned.
Subtask 10.1: Notice of Determination
We will prepare the Notice of Determination (NOD) upon final City Council action. Our work scope
assumes that City staff will be responsible for posting the NOD at the County Recorder and paying
associated fees.
Subtask 10.2: Zoning Code Guide and Training - — OPTIONAL TASK
This is an optional task not included in the budget.
We will prepare a highly graphical, simple- to -navigate User-Guide/Handbook for the public that
explains how to use the new Zoning Code. The handbook will contain sample graphics, tables, and flow
charts, along with helpful zoning code examples that demonstrate how the public can navigate the
Zoning Code and find answers to frequently asked questions/ information (e.g., residential setbacks, lot
coverage, commercial building signage, accessory structure standards, etc.). The handbook will be
organized in the following manner:
■ Introduction
■ Organization of the new Zoning Code
■ Purpose and Applicability of the Zoning Code
■ Zones, Allowable Uses, and Development Standards
■ Site Planning and General Development Standards
■ Standards for Specific Land Uses
■ Nonconformities
■ Permit Processing Procedures
■ Zoning Code Administration
■ Definitions
■ Format of the new Zoning Code
■ How to use the new Zoning Code
■ Reference to other applicable regulations that play an important part in the development
review process
We will submit the working draft document to City staff for review and comment and will facilitate
meetings and/or conference calls to review and discuss staff comments. Following these discussions,
we will prepare the Final Handbook and provide to the City.
MIG. Inc. 1
9
The handbook working drafts will be provided in Microsoft Word and the final document will be
provided in PDF format that is internally hyperlinked for easy navigation within the handbook.
The MIG Team will conduct a one -day seminar with City staff to train them on how to use the Zoning
Code. In consultation with City staff, we will prepare a training seminar agenda to cover all issues of
interest to staff. The seminar will include all City staff responsible for administering and enforcing the
Zoning Code.
Subtask 10.3: Follow-on Clean Up — OPTIONAL TASK
This is an optional task not included in the budget.
The updated Zoning Code will set in place new regulations and processes that may take some time for
City staff to adapt to and become familiar with —and for the public as well. Also, our experience has
shown that it will take several months to work out kinks that could not be anticipated due to the
extensive scope of changes. For six months following adoption of the Zoning Code, staff from the MIG
Team will be available to City staff to respond to staffs questions and discuss and direct possible
revisions to address provisions that need adjusting. The budget provides an allowance for this task.
Task 10 Meetings:
» One -day training seminar
Task 10 Deliverables:
» Notice of Determination
» User Guide/Handbook — draft and final - OPTIONAL
» Follow-on code clean-up — Budgeted allowance for six months - OPTIONAL
MIG. Inc. 2
0
fee D r 0 D o s a I EXHIBIT
1.1
1 Pro'ect Initiation and High -le Outline
20
$4 800
20
$3 500
1.z
Briefing Paper Summarizing Zonin Strata ies
24
5 760
32
5 600
1.3
Project Management, Project Team Meetings/Calls allowance
144
$34,560
1 216
$37,800
Historic Context and Survey - Coordination with ARG
1 1
$240
4 1
$700
Subtotal
189
1 $45,360
1 272 1
$47,600
Task 2:
2.1
Project Commencement
Work Sco a Refinement and Kick-off Meetin
8
$1,920
16
$2 800
2.2
Briefin Paper on Interim Standards
6
$1 440
1 12 1
$2,100
Subtotall
14
1 $3,360
1 28 1
$4,900
Task 3:
3.1
Literature Review and Summary Audit
Audit of Special Area Plans and Citywide Design Guidelines
24
$5 760
1 0 i
7 000
3.2
Prepare Comprehensive Title 41 Audit and Update Guidance Matrix
16
$3 840
1 50 1
$8 750
Subtotall
40
1 $9,600
1 90 1
$15,750
Task 4:
4.1
Public Engagement Strategy and Implementation
Develo Public Involvement Plan
2
$480
4
$700
4.2
Stakeholder Interviews
16
$3 840
24
$4 200
4.4
CBO Engagement
32
$7 680
24
$4 200
4 55
Community Workshops (15 total)
40
$9,600
60
$10,500
4.6
Website Materials and Content
16
$3,840
8
$1,400
4.8
Public Outreach Summary Reports
2
$480
8
$1,400
Task 5:
Draft Zoning Code
Subtotal
108
1 $25,920
1 128 1
$22,400
5.1
Style Sheet Format and Outline
2
$480
8
$1,400
5.z
lAdmininstrative Draft Zoning Code Amendments 2 drafts
180
$43,200
400 1
$70,000
5.3
1 Public Review Draft Zoning Code Amendments
40
$9,600
60
$10,500
DraftTask 513:
Subtotal
222
1 $53,280
468
$81,900
sail
Pre are Draft Zonin Ma
8
$1 920
24
$4 200
58.2
Prepare Hearing Draft and Final Zoning Maps
6
$1,440
12
$2,100
Subtotall
14
$3,360
36 1
$6,300
Task 6:
s.1
Planning Commission City Council Workshops
Plannin Commission and City • Council Subcommittee Workshop1 each
16
$3 840
16
$2 800
s.2
Plannin Commission Workshops 2
16
$3 840
16
$2 800
s.3
City Council Workshops 2
16
1 $3 840
1 16 1
$2 800
CEQACompliance
Subtotal
48
1 $11,520
1 48 1
$8,400
7.1
lGeneral Plan FEIR Addendum 2 rounds of review
4
1 $960
12
$2,100
Subtotal
4
$960
12
$2,100
Task 8:
8.1
Public Hearings
anning Commission Public Hearings 2
16
$3,840
16
2 800
8.2
Ci Council Public Hearings 2
16
$3,840
16
$2,800
Subtotall
32
1 $7,680
32 1
$5,600
Task 9:
9.1
Final Zoning •
Final Zoning Code 2 rounds of review
8
$1,920
24
$4,200
9.2
Assemble Graphics Package
$0
2
$350
9.3
Format and Settings Manual
1 2
1 $480
1 6 1
$1,050
Task 10:
Post Adoption •• Training, and Contingency
Subtotall
10
1 $2,400
1 32 1
$5,600
10.1
,
Notice of Determination for CEQA Compliance
$0
1
$0
Direct Costs
Subtotal
0
$0
0
$0
Subconsultant Expenses and Administration
Draft Code Printing (allowance)
Konveio Hosting
58.3
Targeted Zoning Map Update Mailer Production estimate
10.2
Zoning Code Guide and Training
2
$480
8
$1,400
10.3
Six -Month Tune-ups (allowance)
24
$5,760
48
$8,400
Staff Training Materials Printing (allowance)
Coordination with Corridor Plan consultant estimate
MIG, Inc. Santa Ana Comprehensive Zoning Code Update Fee Proposal
MIG Designer
0
$0
MIG Project Associates
20 $2 800
MIG Environmental
Analysts
$0
MIGAdministraTIWMIG
4
Subtotal
$500 64 $11 600
6
1 770
50 7 000
0
4
500 116 20 630
60
$17,700
108
$15,120
$0
108
$13,500
636
$118,680
$0
$0
$0
$0
5
$940
66
$19,470
178
$24,920
0
$0
116
$14,500
821
$151,850 #
$0
8
$1120
$0
8
$1000
40
$6840
8
$2 360
40
$5 600
$0
2
$250
68
$11 750
8
$2,360
48
$6,720
0
$0
10
$1,250
108
$18,590
8
$2 360
80
$0
4
$500
156
$26 820
$0
40
$0
5
$625
111
$18 815
8
$2,360
120
0
$0
9
$1,125
267
$45,635
$0
t$31,5OO
$0
$0
6
$1 180
$0
50
$0
6
$750
96
$15 790
0
$0
40
$0
24
$3 000
120
$20 480
24
$7,080
225
$0
8
$1,000
357
$59,680
$0
24
$3,360
$0
4
$500
52
$9,100
$0
$60
$0
$0
10
$1,940
24
$7,080
339
$47,520
0
$0
42
1 $5,250
641
1 $108,170
$0
12
$1,680
$0
2
$250
24
$3,810
60
$17,700
400
$54,000
$0
80
$10,000
1,120
$196,900
4
$1,180
60
$8,400
$0
24
$3,000
188
$32,680
$18,880
472
$66,080
0
$0
106
$13,250
1332
$233,390
O64
$0
60
$8 400
$0
$0
92
$14 520
$0
30
$4,200
$0
$0
48
$7,740
0
$0
90
$12,600
0
$0
0
$0
140
$22,260
$0
24
$3 360
$0
4
$500
60
$10 500
$0
24
$3 360
$0
4
$500
60
$10 500
$0
24
$3 360
$0
4
$500
60
$10 500
0
$0
72
$10,080
0
$0
12
$1,500
180
$31,500
$0
$0
160
$30,400
8
$1,000
$34,460
0
$0
0
$0
160
$30,400
8
$1,000
$34,460
0
40
5 600
6
750
t78
$12990
$0
32
$4,480
6
$750
$11,870
0
$0
72
$10,080
012
$1,500
$24,860
$0
32
$4,480
4
$500
68
$11,100
$0
8
$1,120
t$1140
$0
10
$1,470
$0
8
$1,120
16
$2,000
32
$4,650
0
$0
48
$6,720
020
$2,500
110
$17,220
$0
$0
61
$125
7
$1,265
0
$0
0
$0
6
$1,140
1
$125
7
1265
MIG, Inc. Santa Ana Comprehensive Zoning Code Update Fee Proposal
sfo,
$8,000
6
$1,620
56
$13,440
60
$12,000
12
$2,640
$0
$31,580
0
$0
12
$2,880
12
$2,400
24
$5,280
$0
$33,120
$4,000
$10,000
MIG, Inc. Santa Ana Comprehensive Zoning Code Update Fee Proposal