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HomeMy WebLinkAbout FULL PACKET_2005-05-16 4/13/05 LES ORDINANCE NO. NS-2685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE MERGED REDEVELOPMENT PLANS AND THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES FOR EACH OF THE ELIGIBLE PROJECT AREAS AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH 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 Community Redevelopment Agency for the City of Santa Ana ("Agency") is a community redevelopment agency duly created, established, and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part I of Division 24, commencing with Section 33000 of the Health & Safety Code of the State of California) ("CRL"). B. The Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan for each of the six redevelopment project areas which have now been merged. C. Pursuant to California Health and Safety Code section 33333.6, a time limit of the effectiveness of the Redevelopment Plans and a time limit on the period of repayment of indebtedness and receipt of property taxes under the Redevelopment Plan have been established. D. By and through Senate Bill 1096, enrolled on July 29,2004, and chaptered on August 5, 2004 ("SB 1 096"), Health and Safety Code section 33333.6 was amended to provide that as to Redevelopment Plans originally adopted before January 1, 1994, and when such redevelopment agency is required to make a payment to the Educational Revenue Augmentation Fund in fiscal year 2004-2005 pursuant to CRL section 33681.12, the City Council, as the legislative body of the Agency, may enact an ordinance to extend by one year the time limit on the effectiveness of the Redevelopment Plan and the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan, each and respectively. 11 A-1 E. SB 1096 further provides that such ordinance may be adopted without compliance with the normal procedures for redevelopment plan amendments. F. SB 1096 provides that the legislative body must make certain determinations and findings in the ordinance and must hold a noticed public hearing on the amendments. G. The City Council desires to adopt this Ordinance to amend and extend certain time limitations of the Redevelopment Plan, as more particularly set forth below, in accordance with section 33333.6, as amended by SB 1096. H. The enactment of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA") pursuant to CEQA Guidelines section 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. SECTION 2: As used in this Ordinance, the following definitions shall apply: Agency shall mean the Community Redevelopment Agency of the City of Santa Ana. Bristol Plan shall mean the Santa Ana Bristol Redevelopment Plan originally adopted by Ordinance No. NS-2039 on or about December 4, 1989; amended by Ordinance No. NS-2231 and NS-2234 on or about October 3,1994; Ordinance No. NS-2396 on or about August 2,1999; and Ordinance No. NS-2652 on May 17, 2004. Central City Plan shall mean the Santa Ana Central City Redevelopment Plan originally adopted by Ordinance No. NS-1173 on or about July 2,1973, amended by Ordinance No. NS-1258 on or about June 2,1975; Ordinance NS-1877 on or about December 1,1986; Ordinance No. NS-2234 on or about October 3, 1994; Ordinance No. NS-2290 on April 6, 1996; Ordinance No. NS-2396 in August of 1999; and Ordinance No. NS-2652 on May 17, 2004. Community Redevelopment Law shall mean Part 1 (commencing with Section 33000) of Division 24 of the California Health & Safety Code, as amended from time to time. Inter City Plan shall mean the Santa Ana Inter City Redevelopment Plan originally adopted by Ordinance No. NS-1636 on or about July 6, 2 11 A-2 1982, amended by Ordinance No. NS-2234 on or about October 3, 1994; Ordinance NS-2289 on or about May 6, 1996; Ordinance NS-2396 in August of 1999; and Ordinance No. NS-2652 on May 17, 2004. North Harbor Plan shall mean the Santa Ana North Harbor Boulevard Redevelopment Plan originally adopted by Ordinance No. NS- 1637 on or about July 6, 1982, amended by Ordinance No. NS-2234 on or about October 3, 1994; Ordinance NS-2396 in August of 1999; Ordinance NS-2641 on January 20,2004; and Ordinance No. NS-2652 on May 17, 2004. Merged Project Area shall mean the six project areas that were merged on or about September 20, 2004 by Ordinance No. NS-2662, Ordinance No. NS-2663, Ordinance No. NS-2664, Ordinance No. NS- 2665, Ordinance No. NS-2666, and Ordinance No. NS- 2667. South Harbor Plan shall mean the Santa Ana South Harbor Boulevard/Fairview Street Redevelopment Plan originally adopted by Ordinance No. NS-1638 on or about July 6,1982, amended by Ordinance No. NS-2167 on or about August 3, 1992; Ordinance No. NS-2234 on or about October 3, 1994; Ordinance NS-2396 in August of 1999; Ordinance NS-2641 on January 20, 2004; and Ordinance No. NS-2652 on May 17, 2004. South Main Plan shall mean the Santa Ana South Main Street Redevelopment Plan originally adopted by Ordinance No. NS-1639 on or about July 6, 1982, amended by Ordinance No. NS-2234 on or about October 3,1994; Ordinance No. NS-2256 adopted on or about July 17, 1995; Ordinance NS-2396 in August of 1999; Ordinance NS-2641 on January 20,2004; and Ordinance No. NS-2652 on May 17, 2004. Tax increment shall mean property tax revenues allocated to the Agency pursuant to Section 333670 of the Community Redevelopment Law. Time limit on incurring indebtedness shall mean the expiration date of the time period during which the Agency may establish or incur loans, advances, and indebtedness to be paid with the proceeds of tax increment derived from the project area of a specified redevelopment plan, as described in subdivision (a) of Section 33333.6 of the Community Redevelopment Law, subject to all exceptions specified in the Community Redevelopment Law. Time limit on plan effectiveness shall mean the expiration date of the time period during which a specified redevelopment plan is effective, as described in subdivision (b) of Section 33333.6 of the Community 3 11A-3 Redevelopment Law, subject to all exceptions specified in the Community Redevelopment Law. Time limit on receipt of tax increment shall mean the expiration date of the time period during which the Agency may pay indebtedness and receive tax increment derived from the project area of a specified redevelopment plan, as described in subdivision (c) of Section 33333.6 of the Community Redevelopment Law, subject to all exceptions specified in the Community Redevelopment Law. SECTION 3: The current time limit on the effectiveness of each of the eligible Redevelopment Plans is hereby extended by one year and the Agency is hereby authorized to act with respect to the respective Redevelopment Plan at any time during which each of the Redevelopment Plans is effective. SECTION 4: The current time limit on paying indebtedness or receiving property taxes pursuant to each of the Redevelopment Plans and CRL(except for the Bristol Redevelopment Plan which is ineligible for the extension) is hereby extended by one year (from the existing time limit as set forth below) and the Agency is hereby authorized to act with respect thereto during such extended period. Central Cit 2,2014 2,2015 2,2024 Inter-Cit 6,2023 6,2024 6,2033 North Harbor 6, 2023 6, 2024 6, 2033 South Harbor 6,2023 6,2024 6,2033 South Main 6, 2023 6, 2024 Jul 6, 2033 Bristol* Dec. 4, 2030 Dec. 4, 2030 Dec. 4, 2040 * Not eligible for one year extension under SB 1096 2,2025 6,2034 6,2034 6,2034 Jul 6,2034 Dec. 4,2040 SECTION 5. The legislative body has determined that the Agency is in compliance with the requirements of section 33334.2; the Agency has adopted an implementation plan in accordance with the requirements of section 33490; the agency is in compliance with the requirements of subdivisions (a) and (b) of section 33413; and the Agency is not subject to sanctions for failure to expend, encumber, or disburse an excess surplus pursuant to section 33334.12( e). SECTION 6. The legislative body hereby finds that notice of the public hearing has been mailed to the governing bodies of the affected taxing entities and 4 11A-4 published in a newspaper of general circulation at least once, not less than ten (10) days prior to the date of the public hearing. SECTION 7. The legislative body hereby finds that funds used to make the payment to the county's Educational Revenue Augmentation Fund pursuant to section 33681.12 would otherwise have been used to pay the costs of projects and activities necessary to carry out the goals and objectives of the redevelopment plan. SECTION 8: If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. 5 11A-5 ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2685 to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2005, 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 6 11A-6 SANTA ANA tlTY COONCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting January 10, 2005 CALL TO ORDER The meeting was convened at 6:25 p.m. in City Hall, 20 Civic Center Plaza, 8th Floor, Room 831, Santa Ana, California. ATTENDANCE Councilmembers present: Councilmembers Alberta Christy, Claudia Alvarez. Staff present: Assistant City Attorney Paula Coleman, Police Chief Paul Walters, Fire Chief Phil Garcia, Fire Marshal Lori Smith, Police Lieutenant Bill Tegeler and Deputy City Attorney Mike Vigliotta Public present: Ray and Evangeline Gawronski SUMMARY OF DISCUSSIONS 1. APPROVAL OF MINUTES Approved Minutes of the November 8, 2004 meeting. 2. FIREWORKS INFORMATION Fire Chief Garcia and Fire Marshal Smith presented the draft Ordinance regarding changes that would impose an 80 percent residency requirement on fireworks booth applicants. After discussion, the committee recommended that the proposed Ordinance be presented to the City Council at a future meeting. Question from Evangeline Gawronski: What is being done with illegal fireworks? Staff commented on how Police and Fire personnel are deployed on July 4 to investigate and physically confiscate illegal fireworks. 3. IMPACT OF PROPOSITION 69 (DNA) Chief Walters related to the Committee that the Orange County Chiefs of Police and Sheriff's Association will be meeting on this issue to develop a protocol that all Orange County cities will follow. This item will be placed on the Public Safety Agenda again at a future time. 138-1 2 4. TRUANCY UPDATE Lt. Bill Tegeler reviewed the Orange County Truancy Program and the efforts of the Santa Ana Unified School District to handle habitual truants. He also reviewed how the Santa Ana Police Department is partnering with them to help reduce this problem. 5. PUBLIC COMMENTS Ray Gawronski spoke about possibly getting markets to print public safety announcements such as hazards of illegal fireworks on their grocery bags. 6. COMMITTEE MEMBER COMMENTS No Committee comments. 7. ITEMS FOR NEXT MEETING A. Truancy Update - Follow-up on Possible Grant Funding B. Crime-Free Multi-Housing Program C. Police Department's Community Relations Team (CRT) 8. NEXT MEETING DATE - Monday, March 14,2005,6:00 PM, City Hall 8th Floor Conference Room, 20 Civic Center Plaza, Santa Ana, California. ADJOURNMENT - 7:20 PM ~ PAUL M. WALTERS Chief of Police jc 138-2 CITY COUNCIL COMMITTEE ON NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT Meeting Minutes February 15, 2005 CALL TO ORDER The meeting convened at 5:53 p.m. in Room 831 of City Hall. ATTENDANCE The following Councilmembers were present: Lisa Bist (Via teleconference), Alberta Christy and Carlos Bustamante Staff present were: Jim Ross, Executive DirectorlPublic Works Agency; Kenneth Adams, Assistant Director/Planning and Building Agency; Ben Kaufman, Chief Assistant City Attorney; George Alvarez, City Engineer; David Biondolillo, Transportation Analyst; and Mary Gonzales, Projects Manager. AGENDA ITEMS 1. APPROVAL OF MINUTES - Approved by a vote of 3:0 A. September 28, 2004 Adjourned Meeting B. October 26, 2004 Meeting Cancelled 2. BANNERS ALONG HUTTON CENTRE Mary Gonzales requested that the item be officially tabled since the applicant has formally withdrawn their proposal to move forward with the banner program. No reason was given by the applicant. Item was tabled by acclimation. 3. LOCOMOTIVE HORNS AND QUIET ZONES Jim Ross gave an overview of the safety issue concerns raised by the use of passenger and freight trains horns in urban areas from the national and state perspective. He cited safety as the paramount concern of the federal transportation agency at all at-grade crossings of train tracks, public streets and roads particularly in urban areas. David Biondolillo provided technical backup to highlight the federal proposal to implement quiet zones and he informed the committee the specific technical requirements have to be determined. He informed the committee that a federal EIR and a CalTrans EIR were being undertaken to evaluate safety issues in the Los Angeles - San Diego Train corridor. George Alvarez spoke briefly on the passenger train safety issues that were being addressed at the Orange County Transit Authority. The committee members asked several questions to clarify technical issues and received and filed the information received from staff. 138-3 4. PUBLIC COMMENTS Debbie McEwen requested the committee agendize a discussion on the staffing issues related to community preservation. Julie Stroud informed the committee that she was concerned with the direction of the MainPlace Mall. 5. COMMITTEE MEMBER COMMENTS Mayor Pro Tern Bist asked a desire to get back to more consistent meeting schedule and requested that a March meeting be agendized. Council member Christy asked that staff agendize the issue of illegal garage conversions throughout the city and requested the community preservation staff issues be brought forth at a later date. 6. ITEMS FOR NEXT MEETING The committee members agreed the next meeting be held on March 22 with following agenda items: A. Update on Permit Parking B. Update on the Vending Truck Ordinance and Phase II Ordinance Plan 7. NEXT MEETING DATE: Tuesday, March 22, 2005 ADJOURNMENT - 6:55 P.M. ~~~ Kenneth Adams Assistant Directorl Planning & Building Agency S:Council CommINlCE CClNICE Minutes 02-15-05 Neighborhood ImprovemenUCode Enforcement Council Committee Minutes 2 February 15, 2005 138-4 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON MAIN STREET DEVELOPMENT MINUTES February 16, 2005 CALL TO ORDER The meeting convened at 6:00 p.m. in City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE City Council Committee members present: Councilmember Jose Solorio and Council member Claudia Alvarez. Councilmember Lisa Bist by telephone. Staff members present: City Manager, Dave Ream, Community Development Agency Executive Director Patricia C. Whitaker, Planning and Building Agency Executive Director Steve Harding, Planning Manager Jay Trevino, Chief Assistant City Attorney Benjamin Kaufman, Senior Planner Sergio Klotz, Community Preservation Inspector Alvaro Nunez, Downtown Development Manager Matthew Lamb and Redevelopment Assistant, Danell Mercado. Community members present: Tim Rush AGENDA ITEMS 1. APPROVAL OF MINUTES - January 19,2005 Action: The minutes were approved 3:0 2. PROPOSED CODE ENFORCEMENT ACTIONS Maintenance complaints were given to 1315 and 1601 N. Main Street. Illegal vendors were cited on South Main and Downtown for Valentine Day sales. The awnings at the Otis Building are in compliance. Building owner indicated to staff, if planning will approve rod iron treatment on the windows, they would like the bus stop moved to its original location. 138-5 Code Enforcement continues to work on businesses that have signage that doesn't match their business name in Downtown. 3. SPURGEON BUILDING Code Enforcement completed a thorough report on the building inspections. A notice of violation was issued on 1-28-05 and mailed to the property owner. The property owner has 60 days to comply with a 30-day extension if requested. 4. S. MAIN STREET STEAM CLEANING & BANNER COSTS Staff presented cost for steam cleaning colored sidewalks from 1st to Edinger. Committee requested quarterly cleaning to be budgeted for the 05/06 fiscal year. Staff presented cost for street light banners on Main Street. Committee desires the Merchants Association to pay for a majority of the cost to introduce a banner program on South Main Street. 5. PROJECT UPDATES a) SWC First and Main Streets - Oriqinal Mike's - Signage is in compliance. Certificate of Occupancy (CofO) for the restaurant has been issued with the CofO for the apartments close to issuance. b) City Place - Item going to council on February 22, 2005. c) YMCA- Both developers have resubmitted proposals. Urban West Strategies proposal changed slightly from rental units to for sale units. Keyser Marston has reviewed both proposals and recommends ABCO. The item will go to closed session on March 7. d) Court of Appeals - No update presented. City Council Committee on Main Street Development ~ Minutes 2 February 16, 2005 138-6 e) 41h Street Pushcart Status - Staff is completing final set of specifications. Specification will be sent to vendor cart attorney for their approval. If approved, item will go to closed session in March. f) Sav-On Lofts - Lofts received approval from Planning. Large mailbox in right of way will be removed and mailboxes will be placed on each door. 6. PUBLIC COMMENTS - Tim Rush requested information on city funds used, if any, for the property owner. Staff responded that no subsidy was given to the property owner for the Surgeon Building. Rush recommended Code Enforcement call owner and engage him to assist in getting the work completed prior to next step on notice of violation. MEETING RECESSED - The meeting was recessed at 6:28 p.m. to Special Meeting. MEETING RECONVENED - The meeting was reconvened at 6:55 p.m. 7. COMMITTEE MEMBER COMMENTS- No comments 8. ITEMS FOR FUTURE MEETINGS a. Spurgeon Building b. Land and property uses to support downtown c. Billboard at railroad tracks on South Main d. Sav-On (151 & Main) windows open on Main Street City Council Committee on Main Street Development ~ Minutes 3 February 16, 2005 138-7 9. NEXT MEETING - March 16, 2005 ADJOURNMENT - The meeting was adjourned at 7:00 p.m. to March 16,2005. c Patricia C. Whitaker Recording Secretary Community Development Agency PCW Ilf City Council Committee on Main Street Development.. Minutes 4 February 16, 2005 138-8 ClTY OF SANTA ANA CITY COUNCIL COMMITTEE ON MAIN STREET DEVELOPMENT SPECIAL MEETING MINUTES February 16, 2005 CALL TO ORDER The meeting convened at 6:28 p.m. in City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California from Regular Meeting. ATTENDANCE City Council Committee members present: Council member Jose Solorio and Councilmember Claudia Alvarez. Councilmember Lisa Bist by telephone. Staff members present: City Manager, Dave Ream, Community Development Agency Executive Director Patricia C. Whitaker, Planning and Building Agency Executive Director Steve Harding, Planning Manager Jay Trevino, Chief Assistant City Attorney Benjamin Kaufman, Senior Planner Sergio Klotz, Community Preservation Inspector Alvaro Nunez, Downtown Development Manager Matthew Lamb and Redevelopment Assistant, Danell Mercado. Community members present: Tim Rush AGENDA ITEMS 1. land and property uses to support downtown residential Committee requested a discussion concerning retail amenities in the downtown for new residential component. Are there enough amenities to support the residential units? What is the 5-year plan? Discussion ensued between staff and committee. NMENT - The meeting was adjourned at 6:55 p.m. to Regular Meeting. l~l~~ Patricia C. V\'hitaker Recording Secretary Community Development Agency PCW/lf 138-9 CITY COUNCIL COMMITTEE ON NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT Adjourned Meeting Minutes March 22, 2005 CALL TO ORDER The meeting was called to order at 5:40 p.m. in Room 831 of City Hall. ATTENDANCE The following Councilmembers were present: Lisa Bist and Alberta Christy Councilmember Carlos Bustamante was an excused absence Staff present were: Stephen Harding, Executive DirectorlPlanning & Building Agency; Kenneth Adams, Assistant DirectorlPlanning and Building Agency; Jim Ross, Executive Director/Public Works Agency; Ben Kaufman, Chief Assistant City Attorney; Bruce Dunams, Community Preservation Manager; George Alvarez, City Engineer; T.C. Sutaria, City Traffic Engineer; and Monica Suter, Senior Civil Engineer. AGENDA ITEMS 1. APPROVAL OF MINUTES - FEBRUARY 15, 2005 REGULAR MEETING Approved by a vote of 2:0 (Bustamante absent) 2. UPDATE ON PERMIT PARKING Jim Ross offered opening comments on the subject and provided a brief summary of the item. Monica Suter provided a comprehensive overview of the history of the program and provided summary sheets to the council committee outlining permit parking programs rapid growth. Committee comments recommended a formal appeal process to ET AC for final decisions for neighborhood associations who may be aggrieved by the staff determination whether their neighborhoods meet criteria for mandating permit parking. 3. UPDATE ON VENDING TRUCK ORDINANCE AND PHASE II ORDINANCE PLAN Bruce Dl!nams gave a status report of the mobile vending program. He highlighted several meetings that staff had with the vendor association to outline the intentions of the council in adapting the vendor ordinance. Many of the overt problems have been curtailed by the adoption of the ordinance by the Council. He indicated that the vendor association was supportive of a stronger local program if it provided a fair opportunity for them to continue to do business in manner that was cooperative with the community. Council committee directed staff to ask the association to prepare a letter to the City Manager outlining its proposal. 138-10 4. CODE ENFORCEMENT STAr=FING Bruce Dunams provided an overview of staffing changes in Community Preservation over the past five years. His overview included a detailed list of the comprehensive community preservation efforts as requested by the City Council during that period. There was significant public and committee concern for the reduction in staff in Community Preservation over the past five-year period. Those present expressed a concern regarding the decline in services provided to the city's neighborhoods due to these reductions. Committee members requested a detailed year by year break down of the reduction in staff so they could determine an appropriate budget strategy. 5. PUBLIC COMMENTS .:. Misleading real estate advertising of particular Santa Ana companies regarding properties listed in Santa Ana. .:. Real Estate disclosure issues associated with misleading advertisement. .:. Illegal residential units being advertised as available in the greater Santa Ana community. .:. Pre -Sale inspection program of residential properties. .:. Reconsideration of volunteer partiCipation in Community Preservation Program. .:. Reprioritization of code enforcement efforts. 6. COMMITTEE MEMBER COMMENTS - None 7. ITEMS FOR NEXT MEETING A. Discussion of Phase II - Mobile Vending Trucks B. Pre sale Garage Inspection Program C. Real Estate Broker Disclosure Program 8. NEXT MEETING DATE: Tuesday, April 26, 2005 ADJOURNMENT -7:43 P.M. p-~~ Kenneth Adams Assistant Director Planning & Building Agency S:Council CommlNICE CC/NICE Minutes 03-22-05 Neighborhood ImprovemenVCode Enforcement Council Committee Minutes 2 March 22, 2005 138-11 138-12 MEMORANDUM ~ 1Y ~ City Council Meeting Date: May 16, 2005 From: Debra Kurita Assistant lity Manager I . Ross, Executive Director orks Agency Date: May 2, 2005 To: ineer is Reviewin Final Tract Ma No. 16753 for Approval Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Tract Map No. 16753 (a portion of City Tract Map No. 2004-01, County Tract No. 16558), for 900-920 East Santa Ana Boulevard (Exhibit I), from the owner, Santa Ana Transit Village, LLC, and is in the process of reviewing the map for final approval. The Tentative Tract Map No. 2004- 01 was approved by the City Council on April 19, 2004. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of May 16,2005. cc: Mayor and City Council City Manager Clerk of the Council FinalT ractMap 16753ReviewNotice5 _ 16_05 17 A-1 ~TA I>NA BLVD. W au ~I I~-- ~ I -l ---l W au ~ III 01 ~ ~ ~ l "- ~ "- ~S/~ "-~ "- ~ "- ~ I "-~ EXHIBIT I SANTA ANA City Council Title: , PWA t Agenda Date TRACT NO. 16753 , , 900-920 EAST SANTA ANA BLVD Mllt Io1JlICS IIDCI MAY 16, 2005 17 A-2 , ~ N.T.S. REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: CONTRACT RENEWAL FOR PLASTIC TRASH CAN LINERS (SPEC. NO. 04-039) APPROVED o As Rec:ommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For 4/ 1~ . --I I ~/ \ / / // . v~t't:i :l1c;;Z<-~__- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Renew the contract with S&G Diversified Products, formerly Spectrum Packing for plastic trash can liners for a 12-month period in an annual amount not to exceed $27,298. DISCUSSION The Central Stores section of the Agency provides plastic trash can throughout the City. The contract designed to provide quality products quantity pricing. Finance and Management Services liners to various departments for plastic trash can liners is at significant savings based on On May 17, 2004, the City Council awarded a contract to S&G Diversified Products, formerly Spectrum Packaging for a 12-month period, with provision for two 12-month renewals. The vendor has agreed to renew the contract; however, the vendor has requested a 17 percent increase due to increases from the manufacturer as a result of rising costs for petroleum based products. The vendor has performed satisfactorily during the past contract period, and staff recommends the first renewal of the contract. 22A-1 CS J8:-1 Contract Renewal for Plastic Trash Can Liners (Spec. 04-039) May 16, 2005 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials and Supplies accounts (obj ect code 6391). The amount of the contract is estimated, as the actual expenditures will depend upon the requirements throughout the annual period. ':\ ~\~ \~l- ~) 'l\.~:-. A-J r ~ Franci~co Gutierrez L I ~~Executlve Director rv Finance & Management Services Agency FG/TO/04-039-R.2:sp 22A-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: CONTRACT AWARD FOR RADAR SPEED DISPLAY TRAILERS (SPEC. NO. 05-039) APPROVED o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER ~, RECOMMENDED ACTION 1. Reject Bid 'A' from Kustom Signals, Inc. as nonresponsive. 2. Award a contract to U.S. Traffic Corporation for two radar speed display trailers in an amount not to exceed $19,707.47. DISCUSSION In September 2004, the Public Works Agency accepted a $350,000 Santa Ana Interagency Pedestrian Safety Program grant from the California Office of Traffic Safety. The grant provides funding to replace two outdated radar trailers. The new radar speed display trailers are useful in deterring motorists from driving in excess of posted speed limits. Consistent with the City's Standard Procedure for managing motorist driving speeds, the radar trailers will be located on residential streets throughout the City. The notice inviting bids was advertised on April 13 and 15, 2005, and bids were solicited. A summary of the bid invitations and bids received is as follows: 11 Invitations For Bid mailed 5 Bids received Bids were received, opened on April 26, 2005 and evaluated (Exhibit 1). Kustom Signals, Inc. (Bid 'A') was for a different make of radar trailer with a smaller amber display screen and is therefore nonresponsive to the specification. The bid from U.S. Traffic Corporation is responsive to the specifications and meets the City's requirements. 228-1 Contract Award for Radar Speed Display Trailers (Spec. No. 05-039) May 16, 2005 Page 2 FISCAL IMPACT Funds are available in the Office of Safety Grant Pedestrian Safety Public Works Agency Machinery & Equipment account (account no. 165-338- 6641) . if iU APPROVED AS TO FUNDS AND ACCOUNTS: t~fl~~. f~)Franci~co G~tierrez I if Executlve Dlrector Finance & Mgmt. Services Agency ~ .-- / i J es G. Ross xecutive Director Public Works Agency I.. ~JGR/KM/05-039.9:SP 228-2 ABSTRACT OF BIDS CONTRACT AWARD FOR RADAR SPEED DISPLAY TRAILERS (SPEC. 05-039) Vendor U.S. Traffic Corporation BID Location Santa Fe Springs, CA Terms Net 30 Delivery 30 days 1 Trailer $ 9,145.00 2 Trailers $18,290.00 Sales tax $ 1,417.47 TOTAL $19,707.47 Trailer Sunray 115 2005 SUMMARY OF BID AWARD: TOTAL AWARD IN THE AMOUNT OF: RUZ Systems Inc. Apache Junction AZ Net 30 30 days $ 9,680.00 $19,360.00 $ 1,500.40 $20,860.40 RUZ FAST-800 2005 Kustom Signals Bid 'B' Lenexa Kansas Net 30 60 days $13,472.00 $26,944.00 $ 2,088.16 $29,032.16 Kustom Signals SMART Model II 2005 U.S. Traffic Corporation $19,707.47 Kustom Signals, Inc. (Bid 'A') is considered nonresponsive. EXHIBIT 1 228-3 Intuitive Control Sys State College PA Net 30 14 days $22,679.00 $45,357.00 $ 3,515.17 $50,022.17 SPEED Sentry 4000078 '05 228-4 REQUEST FOR COUNCIL ACTION .~ \-..cducat,on l~' ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: CONTRACT AWARD FOR INCIDENT COMMAND VEHICLES (SPEC. NO. 05-041) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For f?' (--) /'~/7 /J ~t..:I// 0 !0t';c"~ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Wondries incident command vehicles with $165,608.28. Fleet Group for the electronic equipment purchase of two in the amount of DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This ini tiati ve was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The Police Department requires two incident command vehicles that can be dispatched to any emergency incidents within Santa Ana that require extensive coordination of responding emergency units. The vehicles can be used as command posts, and will be equipped with electronic equipment such as multiple radios and a television monitor to allow for enhanced communication capabilities and monitoring and evaluation of large incidents. The vehicles will also carry the plans, policies and procedures, and maps necessary to effectively coordinate the actions of the responding emergency units. 22C-1 CS JB3 Contract Award for Incident Command Vehicles (Spec. No. 05-041) May 16, 2005 Page 2 The notice inviting bids was advertised on April 11 and 13, bids were solicited. A summary of the bid invitations received is as follows: 2005, and and bids 7 Invitations For Bid mailed 1 Invitation For Bid mailed to Santa Ana vendor 2 Invitations For Bid received Bids were received and opened on April 25, 2005. The bid received from Wondries Fleet Group is responsive to the specifications and meets the City's requirements. Bid results are as follows: Vendor: Amount: Wondries Fleet Group Lake Chevrolet $165,608.28 $166,310.23 FI SCAL IMPACT Funds are available in the Office of Emergency Services (OES) Urban Areas Security Ini tiati ve (UASI) Grant Machinery and Equipment account (account no. 125-331-6641). APPROVED AS TO FUNDS AND ACCOUNTS: I ' ~'-~ ( 1/_ { -----JL~ "\~ I'I,I,\'\ ~ ..... ~.~ ~Francisco Gutierrez ~w Executive Director f Finance & Mgmt. Services Agency Paul M. Walters Chief of Police PMW/TO/05-041.7:sp 22C-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: CONTRACT AWARD FOR TOW VEHICLE (SPEC. NO. 05-043) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For r Mtt~~C2A-~ , CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Lake Chevrolet for the purchase of a tow vehicle with electronic equipment in the amount of $49,687.97. DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The Police Department requires a tow vehicle that will be used to move the Weapons of Mass Destruction (WMD) equipment trailers. The tow vehicle will be equipped with emergency response equipment, red lights and siren, allowing it to respond to a WMD event or a terrorist incident occurring within the Santa Ana Urban area. The notice inviting bids was advertised on April 13 and 15, bids were solicited. A summary of the bid invitations received is as follows: 2005, and and bids 7 Invitations For Bid mailed 1 Invitation For Bid mailed to Santa Ana vendor 2 Invitations For Bid received 220-1 CS 381 Contract Award for Tow Vehicle (Spec. No. 05-043) May 16, 2005 Page 2 Bids were received and opened on April 27, 2005. The bid received from Lake Chevrolet is responsive to the specifications and meets the City's requirements. Bid results are as follows: Vendor: Amount: Lake Chevrolet Maurice J. Sopp and Son $49,687.97 $55,599.00 FISCAL IMPACT Funds for are available in the Office of Emergency Services (OES) Urban Areas Security Ini tiati ve (UASI) Grant Machinery and Equipment account (account no. 125-331-6641). APPROVED AS TO FUNDS AND ACCOUNTS: ~/ lll\ .j~ ~ Paul M. Walters Chief of Police ~l\f\:i~~~""'A} ~:- ~ ~k Francisco Gutierrez ~\ Executi ve Director fJ Finance & Mgmt. Services Agency PMW/TO/05-043.7:sp 220-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: CONTRACT AWARD FOR FIRE RESCUE SAWS (SPEC. NO. 05-047) APPROVED o As ReGommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For 1j, '--'AI // ~/) Wh~ ../ /17&0--- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to L.N. Curtis & Sons for fire accessories and miscellaneous firefighting equipment $18,984.34. rescue in the saws and amount of DISCUSSION The Fire Department uses fire rescue saws during firefighting operations to ventilate buildings and release hot gases and smoke, thus allowing for safer rescue conditions for the firefighters. There are four Cutters Edge fire rescue saws currently in service. However, the saws have reached their expected life cycle and require replacement. Cutters Edge equipment is specifically designed for firefighting and staff has determined that L. N. Curtis & Sons is the only source for sales and service for Cutters Edge equipment for California. In addition, a contingency has been included to allow for miscellaneous firefighting equipment purchases that are required on a recurring basis as a result of an informal bid process. L. N. Curtis & Sons has been providing firefighting equipment and service to the Fire Department for over 15 years, and has performed satisfactorily. Staff recommends authorization of the award to L.N. Curtis & Sons. 22E-1 CS 38;, Contract Award for Fire Rescue Saws (Spec. 05-047) May 16, 2005 Page 2 FISCAL IMPACT Funds are available in the Fire Maintenance Operating Materials & Supplies account (account no. 11-327-6391). APPROVED AS TO FUNDS AND ACCOUNTS: ::=::> ~~~~~!' A} ~,,~ ~- cf<Francisco Gutierrez '" r Executive Director ~ Finance & Mgmt. Services Agency I i ~G/TO/05-047.3:SP ) 22E-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: MAY 16, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AMENDMENT FOR MISCELLANEOUS SUPPLIES (SPEC. NO. 05-055) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ) ~/) ~~t-<-/~f/{ ~?~~~ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Amend the contract with Grainger, by $10,000 for the purchase of amount not to exceed $20,000. Inc. to increase the aggregate limit miscellaneous supplies in an annual DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. Grainger, Inc., a Santa Ana vendor, has provided hand tools, welding supplies, ladders and a variety of sundry supplies to all City agencies. The vendor offers reliable service and competi ti ve pricing and has consistently been the lowest responsive bidder on low cost items. As such, staff recommends Council approval of an amendment to the contract. FISCAL IMPACT Funds are available in the various departmental Operating Materials and Supplies accounts (object code 6391). ':\~~~~ ~~ ~~. - , ~Francisco Gutierrez ~ I Executive Director JW Finance and Management Services Agency FG/KM/05-055-A.2:sp 22F-1 CS 383 22F-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: CONTRACT AMENDMENT FOR PEST CONTROL SERVICE (SPEC. NO. 05-056) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For yJ~ Oa,,~ ;c;L,-_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Amend the contract with Antimi te Termite and Pest Control to increase the aggregate limit by $5,000 for pest control services, in an annual amount not to exceed $15,000. DISCUSSION The City establishes an annual list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. Antimi te Termite and Pest Control has been a provider of pest control services for various City agencies. Antimi te Termite and Pest Control offers reliable service, competitive pricing, and has consistently been the lowest responsive bidder on low cost items. During the past year, the high seasonal rainfall caused insects to seek shelter indoors. As a result, there was an increase in demand for pest control services. Staff requests approval to increase the aggregate limi t for Antimi te Termite and Pest Control to provide uninterrupted pest control services. FISCAL IMPACT Funds are available in the various departmental Other Contract Services accounts (object code 6291) '"\~~.....(,-, ~~."'"" ~ Francisco Gutierrez tf ~" Executive Director TV Finance and Management Services Agency FG/WO/05-056-A.2:sp 22G-1 CS 383 22G-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: APPROVED CONTRACT AWARD FOR HERITAGE PARK AND EDDIE WEST STADIUM PARKING LOT IMPROVEMENTS (PROJECT 04-6405) o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER I RECOMMENDED ACTION j 1. Award a contract to Excel Paving Company, the lowest responsible bidder, in accordance with unit bid prices for an estimated amount of $380,787 for construction of Heritage Park and Eddie West Stadium Parking Lot Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $476,000. DISCUSSION The parking lot surfaces at Heritage Park and Eddie West Stadium are deteriorating due to weather, age and heavy usage (Exhibit 1). The adj acent walkways and wheelchair ramps are also in various stages of disrepair and require replacement. This project provides for reconstruction of asphalt pavement, replacement of damaged concrete walkways and wheelchair ramps. Once completed, these improvements will increase the surface drainage and enhance the visual appearance of the parking lots. The Notice Inviting Bids was advertised on March 25 and 28, 2005, and bids were opened on April 14, 2005. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 11 Contractors requesting bidding documents: 7 Bids received: 3 Bids received from Santa Ana Contractors: 0 23A-1 Project 04-6405 Heritage Park and Eddie West Stadium Parking Lot Improvements May 16, 2005 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. 2. 3. Excel Paving Company R.J. Noble Company United Contractors Long Beach Orange Santa Fe Springs $380,787 $408,807 $438,605 A total of 3 bids were received and all were responsive. The lowest responsive bid of $380,787 was submitted by Excel Paving Company, which is above the Engineer's estimate of $334,341. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the project is exempt from further review. Categorical Exemption ER 2004-276 has been filed for Eddie West Stadium and ER 2003 -274 has been filed for Heritage Park. FISCAL IMPACT The Funding Analysis shows a total estimated construction cost of $476,000 for the project (Exhibit 2). Funds are available in the Capital Outlay Fund (account no. 51-244-6631) I the Robert Z'Berg Harris Grant Fund (account no. 161-270-6631), and the Park Acquisition & Development Fund (account no. 301-232-6631). ~ ~r-- James G. oss Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: /' /1 ~~) Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency I::' JGR\GA\DI\ET\RFCA\05-16-05 RFCA 04-6405 50 WD 23A-2 ~ N.T.S. EDDIE WEST STADIUM ~L-1 CIVIC CENTER DR L e- Vi L o e- --l w :r: l/) e- v' 6TH 5T ~ ~ SMJT A MJA BL VO ~~r n ,- HERITAGE PARK --l CL e- v' V-) w w cr CL 0 , ~ <( :r: S: w ~ ~ CL <( Q (=1 WATI<INS Wl <( e- LL ~ w u lr ,-- _ PROJECT LIMITS PlllLC _5 ACEIlCI EXHIBIT 1 11I01 10 $C.ILEI CITY COUNCIL AGENDA DATE: MAY 16. 2005 Title: CONTRACT AWARD FOR HERITAGE PARK AND EDDIE WEST STADIUM PARKING LOT IMPROVEMENTS (PROJECT 04-6405) 23A-3 FUNDING ANALYSIS PROJECT 04-6405 HERITAGE PARK AND EDDIE WEST STADIUM PARKING LOT IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Contingencies $380,787 15,234 23,400 18,500 38,079 $476,000 TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AMENDMENT TO MASTER FUNDING AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute Amendment No. 10 to the Master Funding Agreement with the Orange County Transportation Authority for projects in the Combined Transportation Funding Program and the Bicycle and pedestrian Facilities Program. DISCUSSION On June 5, 1995, the City Council approved a Master Funding Agreement (MFA) with the Orange County Transportation Authority (OCTA). The primary purpose of this agreement was to streamline the funding allocation process for projects funded through the Combined Transportation Funding Program and the Bicycle and pedestrian Facilities Program. The MFA also specifies the roles and responsibilities of the City and OCTA. Amendment No. 10 is required to incorporate minor adjustments made to projects during the semi-annual review conducted in September 2004. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. ames G. Ross Executive Director Public Works Agency 5 16-05 RFCA MFA Amendment No. 10 (DWB) 25A-1 25A-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: APPROVED AGREEMENTS FOR RIGHT OF WAY CONSULTING SERVICES o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For l C-/2' I , / ,/ / 'eLL ,,'//J20_-- CITY MANAGER CONTINUED TO r=:/ ,- .l I FILE NUMBER ~ECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements for right of way services with Overland, Pacific & Cutler, Inc. and Paragon Partners Ltd. for an amount not to exceed $150,000 each. DISCUSSION Each year the Public Works Agency manages roadway widening projects that require right of way services. The roadway widening project currently underway is Bristol Street from Pine Street to Third Street. The required right of way services include real estate appraisals, property acquisition, relocation assistance and interim property management. These types of services are needed to acquire and clear the property needed for the project. In response to a request for proposals, three firms submitted proposals for right of way services. Staff members from the Public Works Agency and City Attorney's Office evaluated the proposals. Each firm was rated according to its qualifications, past experience and capacity to perform the required work. Based on the proposals submitted, the ratings for the three firms are as follows: RIGHT OF WAY SERVICES RATING Overland, Pacific & Cutler, Inc. Paragon Partners Ltd Marmac Field Services 84 80 63 258-1 Agreements for Right-of-Way Consulting Services May 16, 2005 Page 2 Staff recommends selection of Overland, Pacific & Cutler, Inc and Paragon Partners Ltd. Their proposals demonstrated that these firms have vast experience in the required fields, a good understanding of the proj ect objectives, and strong project teams. The rate schedules for these firms were compared. The rates are consistent, reasonable, and in line with the staff estimates. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The cost for the consultant services will be charged to the appropriate projects in the capital improvement program. APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency 'i-\\t}~\. ~J' J. l ~ -k- ... Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ,iI~ 258-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: AMENDMENT TO AGREEMENT WITH W. KOO AND ASSOCIATES FOR ENGINEERING SERVICES FOR SEISMIC RETROFIT OF BRIDGES APPROVED D As Recommended D As Amended D Ordinance on 1st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For /' Qt!hG?~ C Y MANAGER CONTINUED TO ~ FILE NUMBER J/ RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with W. Koo and Associates in the amount of $30,000 for a total contract amount of $584,360. DISCUSSION The City retained the firm of W. Koo and Associates to design the seismic retrofits of First Street, Fifth Street, and McFadden Avenue bridges over the Santa Ana River. On January 18, 2005, Council awarded a contract to D. W Powell Construction, Inc. to perform the seismic retrofit construction. As part of the construction, a geotechnical engineer is required to monitor the foundation pile driving. The original contract with W. Koo and Associates did not include the monitoring of the pile driving. Therefore, an increase in the amount of $30,000 to the contract is required to perform these services. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is not considered a CEQA proj ect . Therefore, no environmental documentation is required. 25C-1 Amendment To Agreement for Engineering Services For Seismic Retrofit of Bridges May 16, 2005 Page 2 FISCAL IMPACT Funds are available in the First Street, Fifth Street, and McFadden Avenue Seismic Bridge Retrofit projects (account no. 59-551-6631, project nos. 1800, 1801, 1802). APPROVED AS TO FUNDS AND ACCOUNTS: -:;::?~p~ -=t\\t'o )~('~~ ~ J '\ ~-\:-. Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency j1./~ James G. Ross Executive Director Public Works Agency 25C-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: AGREEMENT WITH UNION PACIFIC RAILROAD TO IMPROVE RAILROAD CROSSING ON FLOWER STREET (PROJECT 1768) / a,/!iA2 CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO /\/.. - FILE NUMBER \l/. RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Union Pacific Railroad Company for improvements to the Flower Street railroad crossing for a total cost of $64,849. DISCUSSION Staff has received Transportation Demand Management funds for the improvement of the Flower Street Bike Trail Gap Closure. Construction is anticipated to begin in March 2006. When completed, it will join the recently constructed Alton/Maple Bike Trail to the south and the existing Flower Street Bike Trail to the north at Dyer/Segerstrom Road (Exhibit 1). Within the limits of this project, the bike trail crosses over the Union Pacific Railroad (UPRR) track. City staff has met with representatives from UPRR to obtain a license to construct and maintain the bike trail across their right-of-way. Additionally, as part of the gap closure project, the California Public Utilities Commission (CPUC) requires the City to upgrade the existing gate crossing signal flashing lenses for safety enhancement at the City's cost. The cost of improvements for the railroad crossing enhancements and license is $64,849. These safety enhancements will provide improved warning and safety to the pedestrians, bicyclists and motorists in the vicinity of the railroad crossing. 250-1 Agreement With Union Pacific Railroad Company May 16, 2005 Page 2 ENVIRONMENTAL IMPACT Environmental Review No. 2000-078 has been completed and a Categorical Exemption has been filed for this project pursuant to the California Environmental Quality Act. FISCAL IMPACT Funds are available in the Measure M Street Construction Fund (account no. 32-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ James G. Ross Executive Director Public Works Agency .:I;~",~~ "'sy, ~ ~ - Francisco utierrez Executive Director Finance & Mgmt. Services Agency n,/"> , r 250-2 ~I ] ] J J rUI IUODDDDIFIRsT !DDDD : WILLITS FIRST / / IUI ILJI ...J o I- CI) ii: Cl a:::D w . ~ ~ o Z ...J _ u. ~ EDINGER ::iE wi ~I ~I Q) Ci_ cu.- ~~ 0)1- cQ) ._~ :miD >< w ISEGERJ[ I] Proposed Flower Street Bike Trail ,Gosure ;; ~ '" <.) Existing Flower Street Bike Trail 0::: o CIl 0::: <l :r: z ~ OJ V> ~ OJ '" ~=r, - MacARTHUR \ I II Existing Alton Rail Trail Existing Alton/Maple Bike Trail SANTA ANA , PW A t , , City Council Agenda Date Title: AGREEMENT WITH UNION PACIFIC RAILROAD TO IMPROVE RAILROAD CROSSING ON FLOWER ST. ECT NO. 1768) EXHIBIT 1 MAY 16, 2005 Pleu:: 1000S AGHCY 250-4 REQUEST FOR COUNCIL ACTION ~. ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AGREEMENT AMENDMENT FOR FRANKLIN-COVEY COMPANY C:~~~ T MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with the Franklin-Covey Company to increase the aggregate limit by $6,000 for the purchase of training materials in an annual amount not to exceed $16,000. DISCUSSION The City has instituted a comprehensive Public Business Academy (PBA) program for professional development. The goal of the Academy is to enhance the knowledge and skills of the City's employees and to reinforce their understanding of the organization's purpose, vision, and goals. The Academy provides city employees with seminars that teach cutting edge public administration theory and techniques in such areas as Total Quality Management, public sector finance, decision-making and leadership development. The City utilizes training materials from the Franklin-Covey Company, a recognized leader in the field of management and leadership development, for general training and its PBA program. In order to provide further training, additional materials are required. The purchase of the addi tional materials, when added to the vendor's fiscal purchases will exceed the $10,000 aggregate total, and requires Council approval. Staff recommends Council approval of an amendment to the agreement. 25E-1 Agreement Amendment for Franklin-Covey Company May 16, 2005 Page 2 FISCAL IMPACT Funds are available in the Quality & Management Training account (account no. 88-141-6191). APPROVED AS TO FUNDS AND ACCOUNTS: ~~e~ Executive Director Personnel Services Agency f~ rf~ r/Franci~co Executlve Finance & 25E-2 Gutierrez Director Management Services Agency REQUEST FOR COUNCIL ACTION ~~ ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: TENTATIVE TRACT MAP NO. 2005-01 (COUNTY TRACT MAP NO. 16738) FOR OFFICE CONDOMINIUMS AND TO SUBDIVIDE PROPERTY WITHIN BROOKHOLLOW OFFICE PARK AT 1516, 1518, 1520, 1522, 1526 AND 1528 EAST WARNER AVENUE - C.T. REALTY CORPORATION, APPLICANT ;') ~/7 !>!tit4-{) fA e_____ CITY MANAGER APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Tentative Tract Map No. 2005- 01 (County Tract Map No. 16738) as conditioned. PLANNING COMMISSION ACTION On April 25, 2005, the Planning Commission adopted a resolution approving Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) as conditioned by a vote of 7:0 to allow office condominiums and to subdivide property within the Brookhollow Office Park in the Specific Development No. 8 (SD-8) zoning district at 1516, 1518, 1520, 1522, 1526 and 1528 East Warner Avenue. The Planning Commission amended proj ect conditions to allow a maximum of 42 for sale condominium units with a minimum unit size of 1,200 square feet. A condition was also added requiring that all for sale condominium units be under the control of one condominium association. The Planning Commission recommended conditions of approval are outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~~7M. St~~G. Hardi~ Executive Director Planning & Building Agency BA:rb ba/reports2005/ttm05-01 Brookhollow.cc 31A-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: APRIL 25, 2005 TITLE: PUBLIC HEARING - FILED BY C.T. REALTY CORPORATION FOR TENTATIVE TRACT MAP NO. 2005-01 (COUNTY TRACT MAP NO. 16738) FOR OFFICE CONDOMINIUMS AND TO SUBDIVIDE PROPERTY WITHIN BROOKHOLLOW OFFICE PARK AT 1516, 1518, 1520, 1522, 1526 AND 1528 EAST WARNER AVENUE Prepared by Bill Apple ~/7jJi ExecutVe Director APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO ~I:nning Manager RECOMMENDED ACTION 1. Approve and adopt the Negative Declaration, Environmental Review No. 2004-177. 2. Adopt a resolution approving Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) as conditioned. DISCUSSION Request of Applicant C.T. Realty Corporation is requesting approval of a tentative tract map to subdivide three parcels within the Brookhollow Office Park into six parcels and three common area lots. The map will also allow each of the six buildings to be converted into commercial condominiums. Property Description The subject site is located within the 34.7-acre Brookhollow Office Park which currently consists of 18 parcels and five common area lots. There are 25 buildings within the office park encompassing 399,516 square feet. The office park is governed by Covenants, Conditions and Restrictions (CC&Rs) controlled by a Master Association. The property has a zoning designation of Specific Development No. 8 (SD-8) and a General Plan Designation of Professional and Administrative Office (PAO), which allows a Floor Area Ratio (FAR) of 0.50. The property is also designated by the General Plan as a Major Development Area. Surrounding land uses include industrial and commercial development to EXHIBIT A 31A-2 Tentative Tract Map No. 2005-01 April 25, 2005 Page 2 the north; commercial uses and the Costa Mesa (SR-55) Freeway to the south; Costa Mesa (SR-55) Freeway to the east; and a Southern California Edison primary distribution station, vacant land and hotel/motel uses to the west (Exhibits 1 and 2) The subject site consists of three parcels within the office park and two common lots totaling 6.47 acres. There are six buildings on these parcels with a combined total of 98,227 square feet. Access to these parcels is from Brookhollow Drive, a private street that circles the proj ect site. The proj ect site is adj acent to a central pond, which provides common open space for the office park. Project Description The applicant is proposing a tentative tract map for condominium purposes that would also allow the subdivision of three parcels of land into six smaller parcels and three common area lots (Exhibit 3). A separate legal parcel is being created around each of the six buildings on site, with property lines as close as 10 feet from the walls of each building. Upon recordation of a final tract map, the applicant will have the option to either own, operate or sell each of the six individual parcels and buildings as a whole to a single owner, or record a condominium plan in favor of each parcel and further subdivide each building into commercial condominiums which may be sold off separately or to multiple owners. Three lots will provide common area, landscaping, access and parking for the six parcels. The project will be governed by the Master Association within the Brookhollow Office Park, a sub-association comprised of the owners of each of the six created parcels and a separate sub-association created for the multiple owners of the condominium units. As part of the scope of this proj ect, improvements are proposed to be made to the six existing buildings on the site. As proposed, the buildings will be painted, existing shake roofs will be replaced with a new lightweight concrete tile, and stone veneer will be added to the base of building columns. An art piece and two Canary Island pine trees are also proposed to be added to the site. No new square footage is proposed. Analysis of the Issues Regulating the development is a cities. Whenever carefully evaluate subdivision of property for purposes of sale and core function of local legislative bodies, such as a new subdivision of land is proposed, staff must the proposal in order to ensure that the design will 31A-3 Tentative Tract Map No. 2005-01 April 25, 2005 Page 3 result in a high quality project that will endure over time. In order to accomplish this evaluation, we rely upon the standards contained in the City's Zoning Ordinance, the provisions of the State Subdivision Map Act and the goals and policies contained in the City's General Plan. In the case of the proposed project, there are two levels proposed: the creation of new legal parcels of land that in fee by a potential purchaser; and the creation condominiums which could be sold to multiple owners. of subdivision could be owned of air space The project site is located within Specific Development No.8, which establishes permitted uses and site landscape and development standards to guide development within the office park. The project complies with the standards set forth within the specific development plan. The project will be governed by the Brookhollow Office Park Master Association and sub-associations comprised of the owners of each of the six created parcels and a separate sub-association created for the multiple owners of the condominium units. Conditions, Covenants and Restrictions (CC&Rs) have been established for the project that address issues such as common access, parking, utilities, landscaping, architecture and maintenance for the planned development. The Subdivision Map Act [Section 66426(c)] requires that a project have approved access to a public right-of-way but does not set forth specific street frontage requirements, which is determined by the local jurisdiction approving the map. The common area parcels provide the necessary access and street frontage for all parcels within the project site (SAMC Section 34-68). The proposed subdivision is consistent with the Professional and Administrative Office (PAO) land use designation of the General Plan and the development standards outlined in Specific Development No.8. The design, configuration, and size of the proposed parcels and common lots are in conformance with the City of Santa Ana's requirements for the subdivision of property and the requirements of the Subdivision Map Act. On March 14, 2005 the Planning Commission held a public hearing on the proposed proj ect . At the hearing, staff expressed concerns regarding subdividing the property into small parcels, the project's compatibility with the General Plan, and ancillary issues pertaining to parking, the California Building Code and creating multiple layers of CC&Rs. After receiving testimony from the applicant and the public, the Planning Commission continued the case and directed staff to complete the environmental documentation and develop conditions of approval for the proposed tentative tract map. Due to the unique character, scale and 31A-4 Tentative Tract Map No. 2005-01 April 25, 2005 Page 4 atmosphere of the office park, the Commission concluded that it was unlikely that the site would transition into a mid to high rise office project and was comfortable with the small lot subdivision proposed by the applicant in this particular case. Based upon the above analysis and findings for the project, it is recommended that the Planning Commission approve Tentative Parcel Map No. 2005-01 as conditioned. CEQA Compliance This proj ect was reviewed In accordance with the guidelines for the California Environmental Quality Act and a Negative Declaration has been prepared. Because the project involves the subdivision of property only without the construction of new buildings or square footage, implementation of the proposed project would not result in significant impacts to human beings or the environment. Negative Declaration Environmental Review No. 2004-177 will be filed for this project (Exhibi t 4) . u fln~ ~ Bill Apple Associate Planner Vince Fregoso, Senior Planne BA:JM ba/reports2005/ttm05-01 Brookhollow.approval.pc 31A-5 tl:JGtJ 001 M1 I I 50-69 ~ ST ANDREW Pl M1 GlENW 50-69 . M1 R1 R1 i Rl Rl M1 M1 ~ 00 ~ R1 ~ ~ Cl M1 M1 R1 R1 z M1 ~ ~ H T M1 M1 <( oc , g " R1 ~ MAYWQOO AV. CiI Y of Tustin WARNER AV. R2 I R2 M1 R2 I R1 M1 PROJECT SITE I 50-12 ~ i fI~ ~]ll'[:::/ ~/ I", g 'I II / / 1/ " , I 50-12 I I I I I I I I M1 50-63 M1 " II " 11__- tr--.... I..! Ml M2 Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL M1 CR GC Ml M2 MO o P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SO SP A TM 05-1 MR. DAVE BALL, C.T. REALTY CORP. 1516-1528 EAST WARNER AVENUE ~ #{' 1" = 1000 FEET - = 500 FEET P LAN A N ENe Y N G N D B U L D EXHIBIT 1 31A-6 N G A G INDUSTRIAL WARNER AVENUE w ;:) z w ~ -J <( - ex: .... (J) ::::> Q <: - C Z <C IX CJ ~ ~~~ TM 05-1 MR. DAVE BALL, C.T. REALTY CORP. 1516, 1518, 1520, 1522, 1526 and 1528 EAST WARNER AVENUE ~ Water D Common Area Lots Building Parcels A gy' PLANNING BUILDING AGE N C Y AND EXHIBIT 2 31A-7 ,,~~~~-;;."'l)lIa I J 8Cla 'aN cIVIl .1:)YII.1. iW1YlJIiiU. WIIIOIIIr.) 'WW YDIWa YNY YJHY8 - MM1OfOIOOIII I '" i I ", I I! I i i i . I I I~~D -l !: co Cf) ...... co~ .... a: en o~ ~ ]' Z 0 " en a. " i ^ en IE ,f :(W a: :ll'" :I i -- ..,~~m ~: i f--~\ ~9~ 0 ~'-\'~\ I- ...I , ";~ \ ~ o l''.\~ W:I: 0 f - - ~" ~8 ~~'_,,,)~~, c( a: u. _ " I-m "~~~ Z ~~_--::_~, . W I ~~"_, '~~';t~:--_~~.... ---.....tr..- I- I' "'-~-'1i1~) -,fl:;;,,\n\~;~- ~ . , Ii I I , ~:=-:=:=:=-:=:=:-=:-=-::=:i _ _ _ _ _ _ _ _ _ __ --~ ~ I!; !:~/:I "r, !;!!II il~m! IS, ,~.,el I~i~el' liS' il. JVS'i~. rlU; ~~; 0 rl! r;~fil '.n. f or! - '8- s". i!' ~, I'; t N !~:~. I ~~"-II i!~ "SI,a ~il Ili~!d r~ihh ! .fll ",I! ~~~ :~s!;r; ~" "i IJi! H I*!I~ ;~i, I.," .I~!.~. t~:t' Iii" ....! ~. ~ u .~~a. s << tf~8 I > !.-n a f ~:? .liJ f < !.i ~ r i.IS.J, ;b,! i Ii ili I, : ~ liI~' I' j . I I'll'! ~ i . 'ill II ij : Ifdi :i = I il I.I~I II ~ S i S ~!I!; !. ~ J II II d ii i ;;1: I I!. . ~ia ~ d' J Sf. . ". . wi i f' -1 -. ii ~:'I I=! 11=!i I ~~~! ! el;t a~~t . II EXHIBIT 3 ~ o' WI', --"lZI!!!!!!!l: I ~I / / / MAYOR Miguel A. Pulido MAYOR PRO TEM Lisa Bist COUNCIL MEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio ~ ~ CITY OF SANTA ANA CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988. Santa Ana, California 92702 www.santa-ana.org NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Brookhollow Postage Stamp Lots TM 2005-01 County Tract No. 16738 Project Description: The proposed project consists of the following: To subdivide 3 existing parcels into 6 parcels and 3 lettered lots. In addition, the map will allow each of the six buildings to be converted into commercial condominiums. Project Location: Brookhollow Office Park, 1516, 1518, 1520, 1522, 1526 and 1528 East Warner Avenue. Project Number: Tract Map No. 16738, ER 2004-177, DP 04-54, TM 05-1 Public Review Period: 3-29-05 to 4-19-05 Hearing Date: April 25, 2005 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before 4-18-05. Please direct your comments to: Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Bill Apple at (714) 667-2747. fl~i4 ' MAYOR Miguel A. Pulido MAYOR PRO TEM Lisa Bist COUNCIL MEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio ~ ~ CITY OF SANTA ANA CITY MANAGER David N. Ream CITY A TIORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988. Santa Ana, California 92702 www.santa-ana.org NEGATIVE DECLARATION Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: TM 05-1, Tract Map No. 16738, DP 2004-54, ER 2004-177, Applicant: C.T. Realty Corporation, Dave Ball Project Location I Address: 1516, 1518,1520,1522,1526 and 1528 East Wamer Avenue. Project Title I Description: The proposed project involves a tentative tract map for condominium purposes that would also allow the subdivision of three parcels of land into six smaller parcels and three common area lots. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the project involves the subdivision of land only with no new buildings or square footage proposed. The project will comply with all applicable City codes and standards as well as the State Subdivision Map Act. Implementation of the proposed project would not result in significant impacts to human beings and the environment. Signature: ~ err<;j'< Date: 3-24-05 Associate Planner This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 3U\~1 0 REQUEST C.T. Realty Corporation has submitted a tentative tract map to subdivide three parcels within the Brookhollow Office Park into six parcels and three common area lots. The map will also allow each of the six buildings to be converted into commercial condominiums. The proj ect requires approval by the Planning Commission because the project site is located within a Specific Development zoning designation. SETTING The project site is located within the 34.7-acre Brookhollow Office Park, which currently consists of 18 parcels and five common area lots. The office park is governed by Covenants, Conditions and Restrictions (CC&R's) controlled by a Master Association. The subject site consists of three parcels and two common area lots within the inner ring of the office park totaling 6.47 acres. There are six buildings on the proj ect si te with a combined total of 98,227 square feet. Access to these parcels is from Brookhollow Drive, a private street that circles the project site. The property has a zoning designation of Specific Development No. 8 (SD-8) and a General Plan Designation of Professional and Administrative Office (PAO), which allows a Floor Area Ratio (FAR) of 0.50. Surrounding land uses include industrial and commercial development to the north; commercial uses and the Costa Mesa (SR-55) Freeway to the south; Costa Mesa (SR-55) Freeway to the east; and a Southern California Edison primary distribution station, vacant land and hotel/motel uses to the west. PROPOSED PROJECT The applicant is proposing a tentative tract map for condominium purposes that would also allow the subdivision of three parcels of land into six smaller parcels and three common area lots. A separate fee parcel is being created around each of the six buildings on site, with property lines as close as 10 feet from the walls of each building. Upon recordation of a final tract map, the applicant will have the option to either own, operate or sell each of the six individual parcels and buildings as a whole to a single owner, or record a condominium plan in favor of each parcel and further subdivide each building into commercial condominiums which may be sold off separately or to multiple owners. Three lots will provide common area, landscaping, access and parking for the six parcels. The proj ect will be governed by the Master Association wi thin the Brookhollow Office Park, a sub-association comprised of the owners of each of the six created parcels and a separate sub- 31~11 Tentative Tract Map No. 2005-01 April 11, 2005 Page 2 association created for the multiple owners of the condominium units. As part of the scope of this project, improvements are proposed to be made to the six existing buildings on the site. As proposed, the buildings will be painted, existing shake roofs will be replaced with a new lightweight concrete tile, and stone veneer will be added to the base of building columns. An art piece and two Canary Island pine trees are also proposed to be added to the site. No new square footage is proposed. ENVIRONMENTAL IMPACT ANALYSIS The following is an environmental analysis on the proposed proj ect, based on the City of Santa Ana's CEQA Environmental Checklist. For each environmental issue, the analysis identifies the level of impact that is anticipated to occur. Where needed mitigation measures have been identified to reduce potentially significant impacts to a level considered less than significant. I. AESTHETICS (A.) No Impact The proposed project will not change the visual appearance of the office park because there are no new buildings or building square footage proposed as part of the project. The project consists of the subdivision of land only. The project site is situated within an area that is characterized with commercial land uses. The City's General Plan indicates that there are no scenic or historic resources located on the project site. Therefore, implementation of the proposed project would not result in adverse impacts to any onsite or adjacent scenic or historic resource. (B. C) Less Than Significant Incorporated According to the City of Santa Ana Urban Design Element the project site is located within the Freeway Window Design District. The Urban Design Element requires that new development 2 3~A~12 within design districts incorporate the highest quality design, materials, and finishes and that the character of existing districts be protected from intrusive development. Although the project site is located within the Brookhollow Office Park, which is located adjacent to the Costa Mesa State Route 55 Freeway, the subject site is located within the interior of the office park and is not itself viewable from the 55 freeway corridor. Since the proposed project consists of the subdivision of land and air space without any new square footage or buildings being added to the site, implementation of the proposed project would not degrade the existing visual character of the project site or surrounding area. (D) Less than Significant Impact The project site is located within an area that is characterized with commercial land uses. Presently, onsite lighting is provided throughout the project area. Because the project consists of the subdivision of land only, implementation of the proposed project would not introduce substantial new sources of light and glare into the project area. II. AGRICULTURE (A.B.C) No Impact Based on the City's General Plan Land Use Element EIR, the project site does not contain any prime or unique farmland. Based on a site visit conducted by the City's Project Planner, the project site is currently not in agricultural production. Implementation of the proposed project would not result in the loss of any prime or unique farmland. III. AIR QUALITY (A) No Impact The project site is located within the South Coast Air Basin and subject to the requirements of the Clear Air Act at both the federal and state level, as implemented by the South Coast Air Quality Management District. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in a City's General Plan. A project could 3 3~13 be in conflict with the AQMP if it results in population and growth impacts beyond those identified in a City's General Plan. The proposed project involves the subdivision of land only. The proposed project would not affect the growth projections in the General Plan and would not be in conflict with the objectives of the South Coast Air Quality Management District AQMP. (B.) Less Than Significant Impact As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin is currently a non-attainment area for carbon monoxide, ozone, particulate matter and nitrogen dioxide. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified below. EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 Reactive Organic Compounds 75 2.5 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 Long-ter.m Operational Air Quality Impacts The proposed project involves the subdivision of land into six fee parcels and future condominium units only. Implementation of the proposed proj ect would not result in significant long- term air quality impacts that would exceed state or federal air quality standards since there are no additional vehicle trips associated with the proposed project. Short-ter.m construction related Air Quality Impacts Construction operations associated with the proposed proj ect, including the following building improvements: buildings will be painted, existing shake roofs will be replaced with a new lightweight concrete tile, and stone veneer will be added to the 4 31A~14 base of building columns. An art piece and two Canary Island pine trees are also proposed to be added to the site. No new square footage is proposed. These improvements could potentially result in short term increases in particulate mater, and to a lesser degree increases in carbon monoxide and ozone. Implementation of the proposed project would result in less than significant short-term air quality impacts that would not exceed state or federal alr quality standards. (C) Less Than Significant Impact As discussed above, the proposed proj ect would not result in significant long-term or short-term air quality impacts. Potential air quality impacts associated with the proposed project are expected to have a de minmus or negligible contribution to cumulative air quality impacts in the region. (D) Less than Significant Impact Implementation of the proposed project would not result in significant long-term air quality impacts, significant short- term air quality impacts or significant cumulative air quality impacts. Therefore, implementation of the proposed project would not expose sensitive receptors to any substantial concentrations of air quality pollutants. (E) No Impact The proposed project would not generate any short-term construction related or long-term operational odors. IV. BIOLOGICAL RESOURCES (A.B.C.D) No Impact According to the City's General Plan Land Use Element EIR, there are no sensitive biological resources located on the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any onsite sensitive biological resources. 5 31A~15 V. CULTURAL RESOURCES (A) No Impac t The buildings located on the project site are less than 35 years in age and have no historical significance. Additionally, the City's General Plan Land Use Element EIR indicates that there are no structures on the proj ect site that are designated a federal, state or local historical resource. Therefore, implementation of the proposed project would not result in significant impacts to any historic resource. (B.D) Less Than Significant Impact According to the City's General Plan Land Use Element EIR the project site is not known to contain archaeological resources. However, the General Plan Land Use Element EIR indicates that based on the number of known archeological sites in Santa Ana, there is high potential for unknown archaeological resources to exist in the City. Given the limited amount of earthwork activity involved with the proposed project, the discovery of unknown archeological resources would be remote. (C) No Impact According to the City's General Plan Land Use Element EIR, the proposed project site is not located in an area where paleontological resources are known to exist. Therefore, implementation of the proposed project would not result in adverse impacts to paleontological resources. VI. GEOLOGY/SOILS (A-l) No Impact According to the City's General Plan Land Use Element EIR there are no known active faults that cross the project site. Therefore, implementation of the proposed project would not expose people or structures to potential ground rupture impacts. (A-2) Less Than Significant Impact The project site is situated within a highly active seismic region of southern California. Thirty-eight active faults have been identified within an approximate 60-mile radius of the project site. The Whittier Fault, located approximately 5 miles from the proj ect site is considered to be the most dominant fault ln regard to potential seismic shaking impacts. The 6 31A~16 Whittier Fault is postulated as having the potential to generate a maximum credible earthquake magnitude of 6.8 and a maximum probable earthquake of magnitude of 5.9. Other nearby faults incl uding the Elysian Park Thrust, Sierra Madre, Cucamonga and Raymond faults are within approximately 20 miles of the project site and could also impact the project site with respect to seismic shaking. The proj ect site could potentially be subj ect to moderate to severe ground shaking in the event of a major earthquake along the Whittier Fault or along one of the nearby faults in the region. However, the seismic risk at the site is not considered significantly different from other areas in the southern California region. Since there are no new structures or new building square footage associated with the proposed proj ect, Seismic risks would not increase. (A-3) Less Than Significant Impact Soil liquefaction occurs when loose soil deposits located below the water table are subjected to large ground accelerations generated from seismic events. According to the General Plan Land Use Element EIR, the project site has high to very-high potential for liquefaction hazards. Through, the City's development review process any new building construction would be required to prepare a geotechnical study to address the potential for liquefaction impacts. Since there are no new structures or new building square footage associated with the proposed project, the risk of seismic-related ground failure including liquefaction would not increase. (A-4) No Impact The project site is flat without any topographical relief. According to the General Plan Land Use Element EIR, there are no landslide planes on the project site. Therefore, implementation of the proposed project would not result in adverse impacts in regards to landslides. (B) No Impact The proposed proj ect would not require any grading or other earthwork activity and therefore no uncovered soils are anticipated that would result in erosion and sedimentation impacts to onsite and offsite drainage facilities. Therefore, implementation of the proposed project would not result in substantial soil erosion or the loss of topsoil. 7 31&17 (C) No Impact According to the General Plan Land Use Element EIR, the project site does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. (D.E) No Impact According to the General Plan Land Use Element EIR, the project site is known to contain soils (Chino Series) that have moderate shrink/swell potential, high potential for corrosion of uncoated steel and low potential for corrosion of concrete. Since the project consists only of the subdivision of land and air space and doesn't involve any new buildings or new building square footage, implementation of the proposed project should not resul t in on- or off - si te landslides, lateral spreading, subsidence, liquefaction or collapse. Any new development, if proposed, would be required to submit a construction-level geotechnical report to ensure the geotechnical stability of the project site. VII HAZARDS/HAZARDOUS MATERIALS (A.B) Less than Significant Impact Implementation of the proposed proj ect would not involve the handling, storage or transportation of significant amounts of hazardous materials. Normal construction operations associated with the proposed project would involve the handling of incidental amounts of hazardous materials. The proposed project would be required to comply with local, state and federal requirements regarding the handling and storage of hazardous materials. Compliance with local, state and federal regulations regarding the handling and storage of hazardous materials would reduce potential hazardous material impacts to a level that is considered less than significant. 8 31A~118 (C) No Impact The proposed project is not within one-quarter mile of an existing or proposed school and would not emit hazardous emissions or involve the handling of hazardous or acutely hazardous materials, substance or waste. The proj ect involves the subdivision of land and air space. (D) No Impact According to the City's General Plan Land Use Element, the project site is not identified as a hazardous material site, pursuant to Section 659662.5 of the Government Code. Implementation of the proj ect would not create a significant hazard to the public or the environment. (E) Less Than Significant Impact According to the Orange County Airport Environs Land Use Plan, the proj ect site is not located within an accident potential zone or clear zone. However, the project site is located within a FAA Notification Area. All structures on the project site are existing. Implementation of the proposed project would not result in a safety hazard for people residing or working in the project area since the project only consists of the subdivision of air space and land. Any future development on the project site would be required to coordinate with the Orange County Airport Land Use Commission. VIII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? I. Resulting an increase in pollutant discharges to receiving waters? J. Result in significant alteration of receiving water quality during or following construction. E. Otherwise substantially degrade water quality? K. Could the proposed project result in increased erosion downstream? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303 (d) list. If so, can it 9 31A~19 result in an increase in any pollutant of which the body is already impaired? O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant surface water quality to either waters? environmental impact or marine, fresh or wetland R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? Less than Significant Impact The City of Santa Ana is included within four watersheds, San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subj ect to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana implements the goals, obj ecti ves and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. Implementation of the proposed proj ect should not change any drainage flow or alter any existing drainage patterns on the project site since the project involves only the subdivision of land without any new buildings or construction. The project site and surrounding area is improved with drainage facilities. Implementation of the proposed project would not alter existing drainage patterns or significantly increase existing rates of surface water runoff since the project only involves the subdivision of property without any physical changes to the project site. According to the City's Public Works Department the existing drainage facilities within the project area would provide adequate drainage for the proposed project. Nuisance flows on the project site should not change since there is no new construction and the project only involves the subdivision of air space and land. Nuisance flows are defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since nuisance flows 10 31A~20 usually originates in the street, they commonly contain many common pollutants found in streets such as oil and grease and sediment. Such flows are ultimately directed into a regional flood control facility then conveyed to the ocean, potentially resulting in adverse water quality impacts. According to Flood rate insurance Map No. proj ect site is located wi thin Flood Zone X lOa-Year Flood Zone. Therefore, the proposed be subject to significant flood risks. 0602320038F the and not wi thin a proj ect would not Addi tionally, surface water runoff generated from the proj ect site would not be degraded during construction operations since there no new buildings or square footage proposed. Currently, the project site does not contain any structural Best Management Practices, which would potentially decrease the amounts of pollutants in storm water runoff. IX. LAND USE/PLANNING (A) No Impact The proposed project would not physically divide any established community, in that there are located on the project site. No be associated with implementation no existing residential adverse land use impacts of the proposed project. uses would (B) Less Than Significant Impact The proposed proj ect involves the subdivision of land into fee parcels and condominium units. With approval of the proposed requests, the proposed project would not be in conflict with the General Plan or other relevant planning programs in the City. (C) No Impact According to the City's General Plan, the proj ect included within any habitat conservation plan or community conservation plan. site any is not natural X. MINERAL RESOURCES (A) No Impact According to the City's General Plan Land Use Element EIR there is no areas in Santa Ana that are designated Significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. 11 31A~1 XI. NOISE (A.C) No Impact Implementation of the proposed proj ect would not significantly increase existing ambient noise levels wi thin the proj ect area to levels in excess of standards established in the City's general plan or noise ordinance, in that no additional sources of long term noise would be generated by the proposed project. (B.D) Less Than Significant Impact Construction activities associated with improvement to existing buildings on the site including painting, replacing existing shake roofs with a new lightweight concrete tile, and the addition of stone veneer to the base of building columns could temporary increase existing noise levels within the project area. The project would comply with the city's noise ordinance which limits construction activity to the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday with no construction activity allowed on Sunday's and Federal Holidays. Street work is not expected to result in significant noise impacts. (E) No Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an area that is subject to high levels of aircraft noise. Therefore, implementation of the proposed proj ect would not expose the public to excessive aircraft noise impacts. XII. POPULATION AND HOUSING (A.B.C) No Impact Implementation of the proposed proj ect would not induce significant new population growth into the project area or necessitate the need for the development of new housing since all buildings on the project site are existing and there are no new buildings proposed. Additionally, the proposed project would not displace any existing housing, in that there is no existing housing located on the project site. Implementation of the proposed project would not result in significant population and housing impacts. XIII. PUBLIC SERVICES Fire Protection: No Impact 12 31A~22 Fire protection services within the City of Santa Ana are provided by the City of Santa Ana Fire Department. The Santa Ana Fire Department maintains ten fire stations throughout the City. The stations are situated where no location in Santa Ana is outside of an approximate 1.5 mile radius of a fire station. Additionally, the City maintains a Mutual Aid Agreement for fire protection services with the neighboring Cities of Fountain Valley, Garden Grove, Tustin, Irvine and Costa Mesa. According to the City of Santa Ana Insurance Service Organization, the City has a low fire risk rating. The proposed project would not result in an increased demand for fire protection and emergency services. Through the City's development review process, the fire department has reviewed the proposed project for compliance with the Uniform fire Code. The fire department has indicated they would have the ability to provide adequate fire protection and emergency services for the proposed project. Police Protection: No Impact The Santa Ana Police Department would provide police protection services for the proposed project. The Police Department is headquartered at 60 Civic Center Plaza. The Department is subdivided into four policing districts, with each district serving a section of the City. The proposed project is located within the Southeast Reporting District. Implementation of the proposed proj ect would not increase the demand for police protection services over existing levels of demand within the project area. The Santa Ana Police Department has indicated that under existing levels of manpower and equipment, they would have the ability to provide adequate police protection services. Schools: No Impact The project site is within the boundaries of the Santa Ana Unified School District (SAUSD). The proposed project would not generate substantial amount of new students wi thin the SAUSD. Implementation of the proposed project would not result in significant impacts to school services. Parks, Other Public Facilities: No Impact Implementation of increase the use the proposed proj ect would not of existing park facilities or significantly other public 13 31A~23 facilities. No adverse park impacts or other public facility impacts would be associated with the proposed project. XIV. RECREATION (A.B) No Impact Implementation of the proposed proj ect would not significantly increase the use of existing recreation facilities or generate a need for new recreational facilities. No adverse recreational impacts would be associated with the proposed project. xv. TRANSPORTATION/TRAFFIC (A.B) No Impact Implementation of the proposed project would not result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads or congestion at intersections because the proposed project would not generate additional vehicle trips within the project area. (C) No Impact Implementation of the proposed proj ect would not result in any changes to air traffic patterns. Nor would the proposed project result in any substantial safety risks related to aircraft traffic. (D) No Impact Implementation of design features hazards. the that proposed proj ect would would substantially not involve any increase traffic (E) No Impact As part of the City's development review process, the Fire Department has reviewed the proposed project for potential impacts with regards to emergency access. The Fire Department has determined that implementation of the proposed project would not result in significant emergency access impacts. (F) No Impact Since the proposed project involves the subdivision of land only, additional parking will not be required to implement the proposed project. 14 31A~24 (G) No Impact The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Public transportation facilities would be available to provide access to the project site. XVI. UTILITIES (A.B.E) No Impacts The City of Santa Ana and/or the Orange County Sanitation District provides wastewater service to the existing site. Because there is no new building square footage proposed as part of the project, the project would not generate any new wastewater demands. The proposed proj ect would not require an increase in wastewater treatment capacity reclamation Plant 1 in the City of Fountain Valley. Nor would the project exceed wastewater treatment requirements of the State Regional Water Quality Control Board. (C) Less Than Significant Impact The subdivision of property would not in and of itself significantly change or increase the rate of surface water runoff currently generated from the proj ect site. The proj ect would not require the construction of new drainage facilities that would cause significant impacts to the environment. (D) Less Than Significant Impact The City of Santa Ana Water Department would provide domestic water service for the proposed proj ect. The City of Santa Ana produces water from two sources. The Orange County Groundwater Basin provides 75% f the annual water supply and the Metropolitan Water District provides 25% of the annual water supply. The City of Santa Ana has 19 active wells with combined capacities of approximately 42,500 gallons per minute. The also has seven MWD connections with combined normal operating capacities of 20,700 gallons per minute. The total combined capacity of all water production facilities is 63,200 gallons per minute. The current total annual water demand for the City of Santa Ana is 51,170 acre-feet per year. Per the City's 2000 Urban Water 15 31A~25 Management Plan, the year 2020 projected water demand is 55,370 acre feet per year. According to the Santa Ana Water Department the proposed project would fall within the population and growth projections identified in the City's 2000 Urban Water Management Plan. (F.G) Less Than Significant Impact Because there is no new building square footage proposed as part of the project, the project is not anticipated to generate any significant amount of solid waste. Proposed building improvements will generate solid waste in a quantity that is considered to be a less than significant impact. The proj ect will comply with federal, state and local statutes and regulations related to solid waste collection services. XVII. MANDATORY FINDINGS OF SIGNIFICANCE (A) Less Than Significant Impact with Mitigation Implementation of the proposed project would not substantially reduce the habitat of fish or wildlife species or historic resources, in that no fish or wildlife populations or historic resources are known to exist on the project site. Mitigation measures have been identified to reduce potential impacts to unknown cultural resources to a level considered less than significant. (B) Less Than Significant Impact Implementation of the proposed project would not result in significant cumulative impacts to the environment. The proposed project's incremental contribution would not be considered cumulatively considerable because the proposed project would comply with the applicable requirements of the uniform building code, Subdivision Map Act and City Development Standards that would avoid any significant cumulative impacts within the project area. (C) No Impact The environmental analysis has determined that implementation of the proposed project would not result in significant impacts to human beings and the environment. 16 31A~26 XVIII DETERMINATION Based upon the evidence in light of the whole record documented in the above environmental evaluation and cited references, I find that the proposed proj ect would not have a significant effect on the environment and a Negative Declaration has been prepared. XVIV REFERENCES City of Santa Ana Updated General Plan Land Use Element February 1998. Updated January, General Plan Land 1998, SC 97071058 Use Element Environmental Impact, City of Santa Ana Zoning Ordinance, December 1998 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, January 1999 Site Visit by Bill Apple, Dan Bott Environmental Coordinator, July 2001 xx. PREPARERS Bill Apple, Associate Planner, City of Santa Ana; Dan Bott, City of Santa Ana Environmental Coordinator 17 31A~27 ~~fA Environmental Checklist For CEQA Compliance PLANNING DIVISION I. Project Title: Brookhollow Postage Stamp Lots II. Project Numbers: ER 2004-177 III. Lead Agency Name and Address: City of Santa Ana Planning Division P.O. Box 1988 (M-20) Santa Ana, CA 92702 IV. Environmental Coordinator and Phone Number: Dan Bott (714) 667-2719 V. Project Location: Intersection of Main Street and MacArthur Boulevard Environmental Determination On the basis of this initial evaluation, I find that: A.~ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. D Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. c. D The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. 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. D Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. D 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. YeIr\. ~ -:=1 s;~ ~ 13:o-tt Printed Name Aoril 13. 2005 Date db\Env Form CEOA Chklst Page 1 of 1 31A~28 ~~fA Environmental Checklist For CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impacf' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics - Would the project: A. Have a substantial adverse effect on a scenic vista? D D D ~ B. Damage scenic resources, including but not limited D D % D to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character J!1 or quality of the site and its surroundings? D D D D. Create a new source of substantial light or glare which would adversely affect day or nighttime views .It in the area? D D D db\Env Form CEOA Chklst Page 1 of 12 ATTACHMENT B 31A!29 an fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) D D D D D D D D D ~ ~ % III. Air Quality - Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: B. Conflict with existing zoning for agricultural use or a Williamson Contract? C. Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceed quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant concentrations? db\Env Form CEOA Chklst ATTACHMENT B 31A'330 D D D D D D D D D ~ c( rj. ~ D D D Page 2 of 12 arr~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? dblEnv Form CEQA Chklst ATTACHMENT B 31A~31 Potentially Significant Impact D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D Less Than Significant Impact D D D D D D M D No Impact w ~ ~ rK ( rX' D ~ Page 3 of 12 ~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of an known earthquake fault, as delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? C. Would the project result in the loss of a unique geologic feature? D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? db\Env Form CEOA Chklst ATTACHMENT B 31A~32 Potentially Significant Impact D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D Less Than Significant Impact % D D % % D D D D D No Impact D D ~ D D ~ )! ~ ~ P' Page 4 of 12 crIT~AfA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources 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 within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality - Would the project: A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (Le., 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)? db\Env Form CEQA Chklst ATTACHMENT B 31Ae33 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D D Less Than Significant Impact ~ w D D Jttr K No Impact D D ~ % D D Page 5 of 12 anfA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water quality during or following construction? K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated increased runoff? db\Env Form CEQA Chklst ATTACHMENT B 31A~34 Potentially Significant Impact D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D Less Than Significant Impact ~ ~ ~ D D D ~ kf ~ % No Impact D D D ~ % )! D D D D Page 6 of 12 aRIA Environmental Checklist For CEQA Compliance M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on groundwater quality? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? IX. Land Use and Planning- Would the project: A. Physically divide an established community? B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation plan or natural community conservation plan? X. Mineral Resources - Would the project: A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Issues & Supporting Information Sources dblEnv Fonn CEQA Chkls! ATTACHMENT B 31A:;o35 D D D D D D D D D D Potentially Significant Impact D D D D D D D D D D Potentially Significant Unless Mitigation JK ~ ~ ~ K rt D ;tr D D Less Than Significant Impact D D D D D D .fa D ~ ~ No Impact Page 7 of 12 arrf^ Environmental Checklist For CEQA Compliance Incorporated XI. Noise - Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive groundborne vibration or ground borne 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? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Issues & Supporting Information Sources dblEnv Form CECA Chklst ATTACHMENT B 31~36 D D D D D D D D Potentially Significant Impact D D D D D D D D Potentially Significant Unless Mitigation D ~ D 9J. D D D D Less Than Significant Impact ~ D << D << ~ M ~ No Impact Page 8 of 12 ~~fA Environmental Checklist For CEQA Compliance XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation I 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?) Issues & Supporting Information Sources dblEnv Form CEQA Chklst ATTACHMENT B 31A~37 D D D D D D D D D Potentially Significant Impact Incorporated D D D D D D D D D Potentially Significant Unless Mitigation D D D D D D D D D Less Than Significant Impact ~ D D D D D ~ ~ JIf No Impact Page 9 of 12 anf^ Environmental Checklist For CEQA Compliance 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? Issues & Supporting Information Sources dblEnv Form CEQA Chklst ATTACHMENT B 31A~38 D D D D D D D D D D D Potentially Significant Impact Incorporated D D D D D D D D D D D Potentially Significant Unless Mitigation D D D D D D D D M' ;tf D Less Than Significant Impact ~ l11' r2f !( ~ ~ ~ ~ D D ~ No Impact Page 10 of 12 anlA Environmental Checklist For CEQA Compliance F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? db\Env Form CEQA Chklst ATTACHMENT B 31A~9 Incorporated D ~ D D D ~ D D D XI D D D &z!. D D D J( D D Page 11 of 12 KG - 5/2//05 RESOLUTION NO. 2005-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2004-177 AND THE MITIGATION MONITORING PROGRAM AND TENTATIVE TRACT MAP NO. 2005-01 AS CONDITIONED FOR THE PROPERTIES LOCATED AT 1516, 1518, 1520, 1522, 1526 AND 1528 EAST WARNER AVENUE (COUNTY MAP NO. 16738) BE IT RESOLVED BY THE PLANNING COMMISSION 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. Tentative Tract Map No. 2005-01 seeking to divide the existing three parcels into six parcels and three common area lots for the properties located at 1516,1518,1520,1522,1526 and 1528 East Warner Avenue. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on March 14,2005. After receiving testimony from the applicant and the public, the Planning Commission continued the case and directed staff to complete the environmental documentation and develop conditions of approval for the proposed tentative tract map. Due to the unique character, scale and atmosphere of the office park, the Commission concluded that it was unlikely that the site would transition into a mid to high rise office project and was comfortable with the small lot subdivision proposed by the applicant in this particular case. C. The Planning Commission of the City of Santa Ana determines that the following findings have been established: I. The proposed project, as conditioned, and its design and improvements are consistent with the Professional Administrative Office 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 consists of a tentative tract map for condominium purposes that would also allow the subdivision of three parcels of land into six smaller parcels and three lettered lots. The six parcels are being created around the existing six buildings with no new square footage being 31A-40 Resolution No. 2004-11 Page 1 of 4 added to the structures. The proposed subdivision is consistent with the Professional and Administrative Office land use designation of the General Plan. The project also complies with the design and development standards outlined in Specific Development Plan No.8, which has previously been approved by the Planning Commission and City Council. 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 is consistent with the City's zoning code and the development standards outlined in Specific Development NO.8 which governs development within the Brookhollow office park. The design, configuration, and size of the proposed parcels and common lots are in conformance with the City of Santa Ana's requirements for the subdivision of property and the requirements of the Subdivision Map Act. iii. The project site is physically suitable for the type and density of the proposed project. The Brookhollow Office Park (SD-8) was established in 1977 as an integrated office development on 34.7 acres. Its water features and garden setting make it unique in character and one of the premier office parks in the City. The character of the office park will change if it is subdivided into small lots that do not stand on their own with respect to City development standards such as parking, minimum lot size, street frontage, landscaping and setbacks. 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. The parcel map will not cause environmental damage nor injure fish or wildlife, as the site is currently occupied by existing office buildings. In addition, no fish or wildlife has been identified as residing on the project site. v. The design or improvements of the proposed project will not cause serious public health problems. There are no new buildings or building square footage proposed as part of this project and, therefore, no alterations are proposed to the development project that would create Resolution No. 2005-11 Page 2 of 4 31A-41 public health problems. The small lot subdivisions and condominiums proposed in Tentative Tract Map No. 2005-01 will not affect the health or safety of persons residing in the vicinity since the project does not involve any new buildings on the project site. 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. The small lot subdivision and office condominiums proposed in the tract map will not create any conflicts with existing easements found on the site. Conditions, Covenants and Restrictions (CC&R's) are in place and will be amended as necessary to ensure that the appropriate easements such as access, egress, drainage, utility and other necessary easements are maintained over the 6.47 -acre project site. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(c)(1), the Planning Commission 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 9 711.2 and Title XIV, CCR 9 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2005-01 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated March 14, 2005 and April 25, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 31A-42 Resolution No. 2004-11 Page 3 of 4 ADOPTED this 25th day of April, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 25, 2005. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2005-11 Page 4 of 4 31A-43 Conditions for Approval for Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this tentative parcel map. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. Failure to comply with each and every condition may result in the revocation of the parcel map. A. Buildina Department 1. The Building Official of the City of Santa Ana and Planning Manager shall approve any modification to the CC&R's required for Tentative Tract Map No. 2005-01 (County Tract Map No. 16738). B. Plannina Division 1 . Provide an exhibit showing all landscape areas within the boundaries of Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) including the type and location of existing trees. The project, at minimum, shall retain the number of trees and amount of landscaping existing at the time of City approval. The landscape exhibit shall be recorded as part of the Covenant, Conditions and Restrictions (CC&R's) for the project. 2. All landscape areas within the boundaries of Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) shall continue to be maintained by the Brookhollow Master Association. 3. The Applicant shall be responsible for the payment of all utilities within the boundaries of Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) including but not limited to gas, electric, water and trash unless each individual for sale unit is separately metered for the above mentioned utilities. 4. In the event that each individual for sale unit created by this map has separate electrical meters, these meters shall be maintained within the building or condominium footprint and shall not be installed on the exterior of the building. All other utility meters must be screened from public view with landscaping or materials approved by the Planning Division. EXHIBIT "A" P~~ 1 of 3 31A-44 5. For the common area, a single Owners' Association shall be created to provide insurance and assume maintenance obligations for the structural integrity of all structures within the boundaries of Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) including any normal routine maintenance to the exterior of structures that is not undertaken by the Brookhollow Master Association. All for sale condominium units within the project shall be under the control of one condominium association. 6. The Applicant shall provide insurance and assume maintenance obligations for all common areas and common area parcels within the boundaries of Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) including improvements such as trees, shrubs, grass and other landscaping, irrigation equipment, project lighting, fixtures, paving, drive aisles, parking areas, striping, walkways, and sidewalk areas and other common area improvements that are not undertaken by the Brookhollow Master Association. 7. All Covenant, Conditions and Restrictions (CC&R's) affecting the boundaries of Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) shall be created for the project and approved by the City of Santa Ana prior to recording of the final map. The CC&R's shall address issues pertaining to reciprocal access, site lighting, irrigation, landscaping, paving, fencing, parking, architecture, drainage, screening of roof mounted equipment, easements to maintain fire department access, hydrants and fire protection equipment and restrictions pertaining to outdoor storage and equipment. 8. The project shall continue to function as an integrated development. No fences will be permitted in the common area or across drive aisles for the purpose of creating yard areas for individual condominium units. 9. All pot holes, raised paving and broken curbs within the boundaries of the map shall be repaired and parking areas slurry coated and restriped as part of a normal maintenance program. 10. Two copies of the recorded final tract map and City approved Covenant, Conditions and Restrictions (CC&R's) shall be provided each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 11. All development within the area of the map is subject to development and other applicable fees including permit fees in effect at the time of permit issuance. 12. All development within the area of the map is subject to all design and development standards in effect at the time of building permit issuance. EXHIBIT "A" P3'A~~5 13. Prior to recordation of any final map, Applicant shall submit to the City a plan showing each unit to be created in sufficient detail to locate all boundaries thereof. If Applicant proposes more than 42 for-sale units, or proposes a subdivision creating any unit with a square footage less than 1,200 square feet, then the Planning Commission shall hold a noticed public hearing to consider imposition of additional map conditions. 14. The word "Applicant" shall be deemed to include any successor-in-interest to Applicant. EXHIBIT "A" P~, A~4:6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2005 CLERK OF COUNCIL USE ONLY: TITLE: PROPOSED AMENDMENTS TO CLASSIFICATION AND COMPENSATION PLANS, ANNUAL BUDGET, AND SANTA ANA MUNICIPAL CODE APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For /) ;' /1 '/72 I/dlr:'-/V /(; (~:.-- CITY MANAGER CONTINUED TO FILE NUMBER /' RECOMMENDED ACTION 1. Adopt a resolution that amends the City's Basic Management Classification and Compensation Plan (Resolution No. 91- 066) and amends the Fiscal Year 2004 - 05 Annual Budget to reallocate two positions. 2. Adopt an ordinance identifying the Deputy City Manager for Development Services as on officer of the City. 3. Adopt a resolution that identifies the officers who would serve as Acting City Manager if the City Manager is unavailable. DISCUSSION Consistent with the City's commitment to continuous improvement in service delivery, a review of organizational structure was recently conducted to determine the most efficient and effective method to manage the City's development-related activities. As a result of this review, the City Manager is proposing the creation of an executive management classification titled Deputy City Manager for Development Services that will be responsible for overseeing development-related activities city- wide. The City Manager proposes to reallocate the current position of Executive Director of Planning and Building to the new title at no change in salary. In addition, the City Manager is proposing the reallocation of the Planning Manager position to Executive Director of Planning and Building Safety. This position will manage the operations of the Planning and Building Agency and will be designated the City's building official for signature purposes. The City Manager also proposes appropriate changes to the Santa Ana Municipal Code to align these actions with relevant sections concerning titling and management succession in the event the City Manager is unavailable. 50A-1 cs. 383 Classification/Compensation Plan May 16, 2005 Page 2 Finally, as part of the City's on-going effort to maintain market competitiveness and internal compensation equity, it is recommended that the salary for the job classification Executive Director of Public Works be increased by 5.0% in order to properly compensate the position and maintain an industry-standard salary rate for this classification. FISCAL IMPACTS The fiscal impact figures below represent estimated costs for the remainder of the fiscal year. Planning and Building Agency Reallocation of one Executive Director of Planning and Building (EM) position to Deputy City Manager for Development Services (EM): no fiscal impact Reallocation of one Planning Manager (MM) position to Executive Director of Planning and Building Safety (EM): $834 Public Works Agency Salary upgrade for Executive Director of Public Works (EM) classification: $586 APPROVED AS TO FUNDS AND ACCOUNTS: ~.~;\-~rA~ ~~. Francisco Gutierrez Executive Director Finance and Mgmt. Services Agencyp~ r 50A-2 RESOLUTION NO. 2005-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 91-066 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN FOR EXECUTIVE AND MIDDLE MANAGEMENT, PROVIDE AN INCREASE IN SALARY FOR THE UNREPRESENTED EXECUTIVE MANAGEMENT CLASS OF EXECUTIVE DIRECTOR OF PUBLIC WORKS (EM), AND AMEND THE ANNUAL BUDGET TO REALLOCATE TWO FULL TIME POSITIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On July 1, 1991, the City Council passed and adopted Resolution No. 91- 066, re-establishing the Basic Classification and Compensation Plan for classes of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). C. On June 21, 2004, the City Council passed and adopted Ordinance No. NS-2653, which establishes the City's Annual Budget, authorizing position allocations for Fiscal Year 2004-2005, and which sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. D. The City Manager proposes to delete one unrepresented executive management classification title, establish one new unrepresented executive management title, increase the salary for the Executive Director of Public Works (EM) and reallocate two positions in the current Annual Budget. E. It is now desired to amend Council Resolution No. 91-066, as amended, and the Fiscal Year 2004-2005 Budget, as amended, in order to effect these changes. 50A-3 Section 2: That Section 3A of Resolution No. 91-066, as amended, is hereby further amended by: A. deleting the unrepresented classification title of Executive Director of Planning and Building B. adding the unrepresented classification title of Deputy City Manager for Development Services at the fifteen-step salary rate range of EM-37 ($108,684-153,576 per year). C. designating the newly created classification title of Deputy City Manager for Development Services as Executive Management by assigning the parenthetical identifier "EM" after this classification title. D. providing an equity salary adjustment increasing the fifteen-step salary rate range assigned to the unrepresented executive management classification title of Executive Director of Public Works (EM) from EM-33 ($98,4 72-139,128 per year) to EM-35 ($103,464-146,160 per year). Section 3: That Ordinance No. NS-2653, the Annual Budget for Fiscal Year 2004-2005, as amended, is hereby further amended by: A. reallocating one position from the classification title of Executive Director of Planning and Building (EM) to the classification title of Deputy City Manager for Development Services (EM). B. reallocating one position from the classification title of Planning Manager (MM) to the classification title of Executive Director of Planning and Building Safety (EM). Section 4: That except as amended by this Resolution, all other provisions of Resolution No. 91-066, as amended, and the Annual Budget for Fiscal Year 2004-2005, as amended, shall remain in full force and effect. Section 5: That this Resolution shall be operative immediately upon its date of adoption. ADOPTED this _ day of May, 2005. Miguel A. Pulido Mayor 50A-4 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-050 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 50A-5 JWF 5/4/05 ORDINANCE NO. NS-2686 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 2-300 AND 2-300.5 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH THE TITLE OF DEPUTY CITY MANAGER FOR DEVELOPMENT SERVICES. 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. In order to better coordinate development policy and practices in the City, the City Council has established the title of Deputy City Manager for Development Services. B. The City Council desires to identify the Deputy City Manager for Development Services as an officer of the City, and to make other technical changes in the titles of said officers. B. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions 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. Section 2-300 of the Santa Ana Municipal is hereby amended to add reference to the deputy city manager for development services, and renumber appropriately, so that it shall read as follows (new text in bold): Sec. 2-300. City officers and department heads. (a) The following are officers of the City of Santa Ana: (1) Members of the city council; (2) City manager; (3) City attorney; (4) Clerk of the council; Ordinance No. NS-2686 Page 1 of 3 50A-6 (5) Assistant city manager; (6) Deputy city manager for development services (7) Police chief; (8) Fire chief; (9) Executive director of finance and management services; (10) Executive director of public works; (11) Executive director of parks, recreation and community services; (12) Executive director of personnel services; (13) Library director; (14) Executive director of community development; (15) Executive director of planning and building safety. Section 3. Section 3-300.5 of the Santa Ana Municipal Code is hereby amended, such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 2-300.5. Executive Director of Planning and Building Safety. All references in this Code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager or any board or commission of the City of Santa Ana, or in any document whatsoever that predates the effective date of this ordinance, to the planning director, the building director, the director of building safety, the director of planning and development service, or the deputy city manager for development services, shall be deemed references to executive director of planning and building safety. 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2005 Miguel A. Pulido Mayor Ordinance No. NS-2686 Page 2 of 4 50A-7 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2686 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-2686 Page 3 of 3 50A-8 JWF 5/09/05 RESOLUTION NO. 2005-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION 90-109 DESIGNATING THE OFFICERS OF THE CITY AUTHORIZED TO EXERCISE THE AUTHORITY OF THE CITY MANAGER IN THE ABSENCE OF THE CITY MANAGER 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. By Resolution 90-109, the City Council deputized certain city officers with the power to act as city manager under certain circumstances. B. With changes among officers of the City, the City Council finds it necessary and advisable to repeal resolution 90-109 and revise the order of delegation of powers of acting city manager. Section 2. Resolution 90-109 is hereby repealed and shall have no further force or effect. Notwithstanding the foregoing, the repeal of said resolution shall have no effect upon any action taken by any city officer pursuant thereto prior to the effective date of this resolution. Section 3. The following officers of the city are deputized to exercise any and all authority granted to the office of the City Manager by the charter and ordinances of the City of Santa Ana, by any resolution or agreement approved by the City Council of the City of Santa Ana, or by any other legal authority: (1) Assistant City Manager (2) Deputy City Manager for Development Services (3) Chief of Police (4) Fire Chief (5) Public Works Director Each officer on the above list shall be considered senior to the officers following such officer on the above list for purposes of this resolution. For purposes of this resolution, the term "City Manager" shall include any officer designated as "Acting City Manager" by the City Council. 50A-9 Resolution No. 2005-051 Page 1 of 3 Section 4. The authority granted by section 1 of this resolution shall only be exercised by the officers designated therein only in accordance with the following standards: (a) The authority shall be exercised only in the absence of the City Manager and all senior officers. (b) The authority shall be exercised only as to matters which cannot reasonably be postponed until the return of the city Manager or a senior officer or as to minor and routine matters. Section 5. No action by an officer designated in section 3 of this Resolution pursuant to the authority granted therein shall be invalid by reason of noncompliance with the standards set forth in section 4 of this resolution. However, the City Manager or a senior officer shall have the same authority to rescind such action as if such action had been taken by the City Manager or such senior officer in the first instance. Section 6. Nothing in this Resolution shall be construed to limit the existing authority of the City Manager to delegate matters for action by subordinate officers or employees or to designate subordinate officers or employees to act as his representative on any matter. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Resolution No. 2005-051 Page 2 of 3 50A-1 0 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-051 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 50A-11 Resolution No. 2005-051 Page 3 of 3 REQUEST FOR COUNCIL ACTION ~'f~ ~~~} ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: PRESERVE AMERICA COMMUNITY PROGRAM APPLICATION APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~ (lk17a~- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution to direct staff to submit an application to the Advisory Council on Historic Preservation and the National Parks Service to designate the City of Santa Ana as a "Preserve America Community". BACKGROUND The "Preserve developed in Preservation Agriculture, components, Communities. America" program is a federal government initiative cooperation with the Advisory Council on Historic and the U.S. Departments of the Interior, Commerce, and Housing and Urban Development. It has several one of which is the designation of Preserve America Preserve America Community designation will be granted to communities that meet three general criteria: 1. The community has recently supported a historic or cultural preservation proj ect that promotes heritage tourism or otherwise fosters economic vitality, and involves a public-private partnership between government entities and at least one civic association, nonprofit, and/or business enterprise. 2. The governing indicating its assets. body of the commitment community has adopted to the preservation of a resolution its heritage 3. The community meets at least five criteria specified in three broad categories: discovering heritage through historic places, protecting historic resources, and promoting historic assets. 55A-1 Preserve America Community Program Application May 16, 2005 Page 2 DISCUSSION As of January 2005, there were 220 designated Preserve America communities in 34 States, including one American Indian tribe. In the State of California, there are three cities that have attained this special designation: Fresno, Monterey and Santa Monica. It is a prestigious title that also offers several benefits. Benefits of designation include: . White House recognition; . A certificate of recognition; · Potential advantage in obtaining grant funding; · Potential for obtaining future Preserve America grant funding; · A Preserve America Community road sign; · Authorization to use the Preserve America logo on signs, flags, banners, and promotional materials; · Listing in a Web-based Preserve America Community directory; · Inclusion in national and regional press releases; · Official notification of designation to State tourism offices and visitor bureaus; and · Enhanced community visibility and pride. The City of Santa Ana achieved Certified Local Government status with the State of California in 2001, for its commitment to historic preservation. The unique historic character of the City's downtown and neighborhoods is an asset that will be promoted through the Preserve America Community Program. The distinguished status offered to cities selected for this program will enhance Santa Ana's image and economic development potential. A Preserve America Community designation will serve to enhance the awareness of historic preservation in the Santa Ana community, and allows the potential for Santa Ana to seek opportunities for funding preservation programs. Therefore, it is recommended that the City Council adopt a resolution to direct city staff to submit a Preserve America Community application to the Advisory Council for Historic Preservation. 55A-2 Preserve America Community Program Application May 16, 2005 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. St~{'~~g Executive Director Planning & Building Agency HS:rb hslPreserve _America_Application _ MaterialslPreserve _ America.cc 55A-3 KO - 5/10/05 RESOLUTION NO. 2005-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO DIRECT STAFF TO SUBMIT AN APPLICATION TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION AND THE NATIONAL PARKS SERVICE TO DESIGNATE THE CITY AS A "PRESERVE AMERICA COMMUNITY" 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. Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce. B. The goals of this initiative include a greater shared knowledge about our Nation's past, strengthened regional identities and local pride, increased local participation in preserving the country's irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities. C. This initiative is compatible with our community's interests and goals related to historic preservation. D. Designation as a Preserve America Community will improve our community's ability to protect and promote its historical resources. Section 2. The City Council of the City of Santa Ana shall apply for the designation of the City of Santa Ana as a Preserve America Community. The City Council of the City of Santa Ana will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2005- Page 1 of 2 55A-4 ADOPTED this day of May, 2005 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers: NOES: Council members: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-048 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2005- Page 2 of 2 55A-5 55A-6 2810 3/4 South Flower - CUP04-23 Page 1 of 1 Healy, Patricia From: Trevino, Jay Sent: Thursday, May 12, 2005 10:21 AM To: Healy, Patricia Cc: Barela, Rosa Subject: FW: 2810 3/4 South Flower - CUP04-23 Pat - Here's the continuance request. From: Gribben, Denise [mailto:denise.gribben@spectrasite.com) Sent: Thursday, May 12, 2005 10:11 AM To: 'mellenbecker@cLsanta-ana.ca.us' Cc: Barnard, Sheila; Levering, Brooke Subject: 28103/4 South Flower - CUP04-23 Hi Marvin, We are requesting a continuance from the May 16th City Council hearing regarding CUP 04-23 due to engineering reevaluation. We are requesting to be placed on the agenda for June 20th. Denise Gribben SpectraSite Communications Real Estate Manager - West Region 2201 Dupont, Suite 340 Irvine, CA 92612 949-442-6409 Office 949-690-6830 Cell 949-474-7260 Fax 75A-1 5/12/2005 REQUEST FOR COUNCIL ACTION ~\ ~~,~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 16, 2005 TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2004-23 TO ALLOW A 60- FOOT HIGH WIRELESS COMMUNICATIONS FACILITY AT 2810~ SOUTH FLOWER STREET - SPECTRASITE COMMUNICATIONS, APPLICANT i' 7 ~ M,&aa~ CI MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2004-23 as conditioned. PLANNING COMMISSION ACTION On March 28, 2005, the Planning Commission approved Conditional Use Permit No. 2004-23 as conditioned by a vote of 5:0 (Leo and Lutz absent) to allow a 60-foot high wireless communications facility in the Open Space (0) zoning district at 2810~ South Flower Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~/7~ Ste hen G. H lng Executive Director Planning & Building Agency ME:rb me\reports\cup04-23.051605.cc 75A-1 REQUEST FOR Planning Commission Action (~~ 'II.~ ill /~tat'~ )., ~auca IOn 1St') ~... PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: MARCH 28, 2005 TITLE: PUBLIC HEARING - FILED BY SPECTRASITE COMMUNICATIONS FOR CONDITIONAL USE PERMIT NO. 2004-23 TO ALLOW A 60-FOOT HIGH WIRELESS COMMUNICATIONS FACILITY AT 2810X SOUTH FLOWER STREET APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED D Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Marvin Ellenbecker ~1wc ~~ Executive Dir r ~Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2004-23 as conditioned. DISCUSSION Request of Applicant SpectraSite Communications, Inc., representing Verizon Wireless, is requesting approval of a conditional use permit to continue operation of an existing 60-foot tall monopalm cellular facility at Saddleback High School, 2810% South Flower Street. In addition, The Alaris Group LLC, representing AT&T Wireless, is requesting approval to co-locate on the same facility. Property Description The property is located within the Open Space (0) zoning district and has a General Plan land use designation of Institutional (INS) (Exhibit 1). The property is bounded by residential uses to the north, south and west and industrial uses to the east (Exhibit 2). The subj ect property is approximately 36.41 acres in size, rectangular in shape and improved with school buildings and athletic fields. There is an existing 60-foot tall wireless facility at this site that was approved under Conditional Use Permit No. 99-10. EXHIBIT A 75A-2 Conditional Use Permit No. 2004-23 March 28, 2005 Page 2 Project Description On July 19, 1999, the City Council approved Conditional Use Permit No. 99-10 to allow a 60-foot high cellular monopalm at this location with a condition that the conditional use permit would expire in five years (July 19, 2004). SpectraSite Communications, Inc. is proposing to continue the operation of the cellular communications tower for Verizon Wireless. In addition, The Alaris Group, LLC, representing AT&T Wireless, is proposing to co-locate on the existing cellular facility. SpectraSite Communications, Inc. leases 1,500 square feet of ground space from the Santa Ana Unified School District for the cellular tower. AT&T Wireless proposes to lease an additional 250 square feet of open space to construct their equipment cabinets. Santa Ana Unified School District is in agreement with the wireless facility use and its location (Exhibi t 3). AT&T Wireless would add three sectors containing two antennas each to the existing 60-foot cellular facility as part of the co-location. The antennas will be camouflaged to resemble a Mexican Fan Palm Tree with a faux "petticoat" or skirt resembling dead palm fronds. The monopalm is located south and west of existing school buildings, south of the school athletic fields, and north of the existing Santa Ana Bike Trail and Southern Pacific Railroad spur. The monopalm is located in an existing grove of four trees consisting of two Canary Island Pines and two Mexican Fan Palms (Exhibits 4, 5 and 6) . Analysis of the Issues In July 1988, the Planning Commission and City Council adopted an ordinance that regulated wireless communication facilities throughout the City. Major wireless facilities are required to have a stealth design and be located on a building or in an area that provides the greatest amount of visual screening. These antennas also require the approval of a conditional use permit. The proposed monopalm will be located behind the building complex that fronts on Flower Street. In addition, the grove of existing trees will help screen the wireless facility. The applicants have explored alternatives to the monopalm structure, such as locating the cellular facility on the top of an existing building in the area. Structures in the area, however, are not tall enough to meet the coverage needs. The existing 60-foot tall facility is needed in order to improve cellular coverage, increase call capacity and quality. This facility will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Verizon Wireless and AT&T Wireless services by closing service gaps in the area and providing additional calling 75A-3 Conditional Use Permit No. 2004-23 March 28, 2005 Page 3 capacity. Equipment for the monopalm will be located inside cabinets within the leased area and will be screened behind a seven-foot wrought iron fence covered with vines. All additional wiring and conduit will be underground or hidden in the interior of the trunk of the existing monopalm. The monopalm complies with the City's Wireless Communications Facility Ordinance and will provide needed service to the south-central and southeast sections of the city. Based upon the above analysis and findings, staff recommends that the Planning Commission approve Conditional Use Permit No. 2004-23 as conditioned (Exhibits 7 and 8) . CEQA Compliance This project was reviewed in accordance with the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows for the construction and location of limited numbers of new, small facilities and structures. Categorical Exemption Environmental Review No. 2004-161 will be filed for this project. ~~~ Marvin Ellenbecker Landscape Development Associate ---t.A Vince Fregoso, Senior Planner ME:JM me\reports\cup04-23.032805.pc 75A-4 I' ~ l:Jl:Jl:Jl:J :---.t..J 1 SP R R1 R1 R1 R1 I Rl -1 WARNER AV. 0 C1 ~ [ R1 C2 M1 M1 C2 [ ~386_4J' Rl R1 R1 R1 R1 R1 Rl M1 M1 [ Rl R1 1 R2-PRD ~ /-, in ~ 1....-" M1 . " II " II ,'-,,/ M1 ~ ,/ 8 ~ ~ C2 M1 M1 M1 ~ R1 oj 0 ~ C2 R1 R1 R1 R1 ~ R3 R3 R3 R3 Rl C4 ~ ~ SEGERSTROM AV R1 ~ ~ C4 ~f~~i Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 ~ C1 I-' CJl Z ;;' ::; C4 R4 Rl " II II : I (:==::~==:; o GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN CR GC Ml M2 MO o P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 R4 RE SO SP A CUP 04-23 SPECTRA SITE MONOPALM FOR VERIZON AND AT&T WIRELESS TELECOMMUNICATION FACILITY 2810 3/4 SOUTH FLOWER STREET A rPf' l' = 1000 FEET - = 500 FEET P LAN N N G AGE N C Y AND BUILD EXHIBIT 1 75A-5 N G >- >- ~ ::! ::! c:i .... j:: (j s i1 t) ~ i 9 l<: .... VJ (j Vi ex: ~ 0 VJ AVENUE OYER I- w w a: I- Q en '" ~ t) "( .,: ll: 0 f-. t) VJ c:i (j l<: (j o A CUP 04-23 SPECTRA SITE MONOPALM FOR VERIZON AND AT&T WIRELESS TELECOMMUNICATION FACILITY 28103/4 SOUTH FLOWER STREET A &V' P LAN N N G AND B U L D N G AGE N C Y EXHIBIT 2 75A-6 SaJ.lta Ana Unified S,,-hool District Donald L. Trigg Associate Superintendent, Business Senlices Al Mijares, Ph.D., Superintendent January 11, 2005 Santa Ana Planning Department 20 Civic Center Plaza, Ross Street Annex Santa Ana, CA 92701-6322 RE: Site NameINumber: CA-OI04, Art Center Site Address: 2802 S. Flower Street, Santa Ana, CA Purpose: Letter for Planning Department Please be informed, that on the above referenced site, Santa Ana Unified School District does not oppose the collocation of AT & T on the monopalm at Saddleback High School. Santa Ana Unified School District does not oppose the renewal of the CUP for the monopalm at Saddleback High School. If you need any other information, please do not hesitate to call me at 714 558-5826. Sincerely, .~'-- U~i Donald L. Trigg Associate Superintendent, Business Services DL T:bl xc: Sheila Barnard 1601 East Chestnut Avenue, Santa Ana, CA 92701-6322, (714) 558-5501 BOARD OF EDUCATION Audrey Yamagata-Noji, Ph.D., President. Rob Richardson, Vice President Sal Tinajero, Clerk. Rosemarie Avila, Member · John Palacio, Member 7rg1(r:rf 3 A Existing monopalm with Verizon antennas BEFORE Existing Verizon antennas to remain and will be screened by new faux fronds New skirt of faux dead fronds to screen AT&T antennas mou~' o e./ .F .,../,r' AFTER CUP 04-23 SPECTRA SITE MONOPALM FOR VERIZON AND AT&T WIRELESS TELECOMMUNICATION FACILITY 2810 3/4 SOUTH FLOWER STREET A e9V' PLANNING AND BUILDING AGE N C Y CUP 04-23 7~~~T4 o ~ i r z o ~ >-'= "'~ g~ z ~ ~u " ,",0 /~ 'i ~~ i< ~ g l~ w ~ j[ o~ "'0 ~ ~5 "' :s~ ~~ _0 00 ~ 5a ~~ ~~ ~i ~ ~~ - w 8 1[i5 ~~ "z ~ tf~ ~~ ~o ~~ ~ lD~ .c: gS i~ o~ :g~ ~~ ~ ~ ~ ~w ~~ ~g uji . w ~~ ~~ ~~ g~ ~ ~-~ ~ --~ ~; I , '\ , ~ C\l ~ ~ . ~ ~ ~~ ~8 ~::l ~~ ~ ~~~: . 1S ~3M9.l~_.:...... ~~ fiJe ~-"rk'--;~l-;;-;;;-L~}~~_~"~ ~~ &~"-~n::~"::::~,\\. ~~ ~ /. /.;/'" \,~ ~Oi .r/::<:::/ .~ \:\. \ 'it / ~ " ' \\ .. /' A' ,,(\\ \~, \ ~ \.J ~~. -r · )' \:d. f':~"'- ~~\~~~ 01 ~ g~ 0'" ~ 8 ....II .. I S ~ ai w~. Ii ~~'o 0 _/- . ..... ,. '.Q I ~"\ .,~' i ~\<~':\. ~ /is<4>'- ~\ ./i<-~ ~ 'Y'- U'. .-.10 \ ~;;j 'or ~'. ~ '" ::\" ~~ ~! ~~ bt: -51 t~ ON ~~ ~I ~~ ~ ~ 0: .. ~ ~ /~ ~ ... A. W 5i CUP 04-23 J~95 ~ .. II I .. ~; I ~; .l: i 1 ~ :;; ~ @ , , ':I ''''~5~ , , ~ , . I i i ~ ~ ! ~ ~ 2 ~ ~ I ,; i ~ I , , , ~ ~ Vl I-~ ~> ~ ffi.~ I- Vl~. __ Vl<~ illl <( ffi 8~ ;:tD~7 9 en tt: b ~ S ~~ 021 M..JOl ~ ~ ~tj 101 Z 'i ~ cC ""-c ..... ~ rij! ln ~ ~ 3: N .~ ! .~~ (,)~ Ol? ~ti ~ ~ !i~ bl ri iil ~il i'l ~ ~ i.i 5 j 1.1 -G. 'id 1 J~ t i ~~ ILl iJ J. i < ~ . fJl r.n ~ ~ Ig ~ ~ q ii c A. ... SONmtJ "'VdONO" (3) '0'1 .0-.Q9 ~; " ~ z l'f1"'dONO~ (3) '0'1 ,,0 .0' ~ ~ 5~ " i JNn~31N3J lINNJINY :m08~vd NOZI~3" (3) _D-.Z~ g~ ~ ~~ 3Nll~lN]J '9NN31N'W SMV .0 .<> w~ ~2 ~!f ~~ ~~ z e~ t- c !::!15 t- . ~ w" " g~ ~z u ~~ e "' " ~~ o.!j ~ ~ ~ z ~o ~ ~z W 0. W ~ 0", " r!l:~'--T'--~ o.U ~u 0. ~~ _ :r:I:rr::rrr-..:~~ _.1..l~_........t ^ _ ~~ 1O~ ~ ~ ~ 2 w z ;;;::? ~ z z e~ " ~ "'.: ~ " ~~ w ~ @iJ; ~ ~~ ~ ~ > ;.. => :;?" OZ ~ 0.0. ~ g:~ g~ 2~ ~ .,;~ il' ~il' ~~ ~~ ~ ~~ " z g~ !:i~ 2 ~2 ~ o.w z ~z ;~ r=~ " ~~ ~ ~i 9 ~ z ~~ ill ~ j il' ~~ w ~! U ~ w z ~~ ... ~ 'GEl ~ z ~'" ~ 5t;; ;~ ~ ~ ~ ~~ ~::: I => z ~~ " g~ w ~ ~ ~~ ;.. ~~ ~~ w ~ 3Nn~31N]J VNNllN't SNl'f' .0 ,1iK ~ UI c i UI C') 3NI1~31N3:J 't'NN]lNY SMY .0- of. 3Nllolil!N3J VNN3J.NV OIlOSYWd NOZI~]^ (J) .0- ,C:'i nlVdONOl'l (]) '0'1 .0 ,09 SONmlJ rflVdONO" (3) '0"1.0-,99 ~!LoJ~ ~S~~ 5~~~ ~~t=-=... 1.o.I<I(~w ~~~~ U Z ~ o.w z E~ => ~ ~~ ~!f z S~ 0 ~ .. ~~ w ~~ 88 ~ ~d 15 ~~ ~3 U ~il' i [ wo ~ ~ ~z ~ ~ il' o.!j ~ ~ ~ 0. ~ lG . '" ~ 0 :~~ 0. U ~ lOi ~ ~ => z ~;f~ w 8'g ~ z ~ " ~ w ~ 8~5 ,,~ il' ~ ~~ ~~! ~ ~ ~ ,~ => ~o OZ z ... ~ o.~ g:~~ ~ ~ gg 0.0. SCINO~U ~YdONO" (3) '0'1 ..0-.99 Kl'fdONOn (3) '0'1 ,,0 ,09 ]Nn~31N3J 't'NN31N't' :moewYd NOZI~~ (3) ,,0 ,ZS 3N11YJlNJ:) 't'NN3J.NV SlAY.O ,n ]Nlll:l3lN]O VNN31NV SM.tJ ~O ,tit gi ~ ~ ~ UO~ wo w g~ z I I ~~~ uz 0. "'fj fj ~~ => ~ ~~ ~~ ~"o ~ ~ g ~ o.z ~i'l !j 0 ~ 0 U 2 0..0 0. 0. ~~ i z z ~~~ ~z " " 2 Z ~ ~ ,. ~~ ~~~ ~ z~ ~ o.~ ~ ;..~ ill ~~ ~ 0 ~ :;: ~ ~ => w ... w €~ ~ ~~ ~ ~ ~ g 3Nnl:l]lN3J VNN]lNV S"'.. ~O- ,ft> ]Ntl~lN]J YNN3J.NV JIl08"~d NOZll:I]^ (]) .0 ,Zli "1't'dONO" (]) '0"1 ~O- ,09 SONOl:l.:l "lVdONO" (3) '0"1 ~O ,99 CUP 04-23 7!;A1IJf(J C'\I . ~ ~; . iii . . ! ~ i i .Ie I g 'f ~ Ii; ~ e , , I ~ n~ ~ ~ . ! I i I , ~ } i Vl 1-t3 ~~ I- W~ -- ~~. t; ..... ~ I~ ~ .I~~ i <( II: L&l I:i:!l ~ a:l ~7 ...J en a:: r-- LI.. S ~R 01 C"') 9 ~ II: ~:11 L&l > :i! . ~ C en :,.< ~ ...J ~~ :i: .~ ~ ~~~~ ~ 8,2 CJ':J~ g ~~ ~ i.! 1"' :lj ;i! l'i , !.~ ~ I ~ I f f. 'Il ll~ p f. ~ JiI -< ! . ,. rJ) ~ J Jg ~ w. III!!:< 11 Conditional Use Permit No. 2004-23 March 28, 2005 Page 1 of 2 Findings of Fact A. Will the proposed contribute to the community? use provide general well a service being of or the facility which neighborhood or will the The proposed 60-foot tall cellular monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon and AT&T wireless services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the south-central and southeast areas of Santa Ana. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The existing monopalm, in conjunction with the grove of trees, will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the monopalm has a design that will give it the look of a palm tree, with landscaping a maj or tool used in maintaining and increasing the economic stability of project sites. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular regulations Santa Ana Colocation facility has been designed to comply with the and conditions identified in Chapter 41 of the Municipal Code for a major wireless facility. of carriers is strongly encouraged when possible. CUP 04-23 ''!r~L"'171 Conditional Use Permit No. 2004-23 March 28, 2005 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The monopole, as designed, will not adversely affect the General Plan, as cellular facilities, designed to be compatible with the surrounding environment, are consistent with the goals and objectives of the Institutional (INS) General Plan designation. 75A-12 MARCH 28, 2005 PAGE 1 OF 3 Conditions for Approval Conditional Use Permit No. 2004-23 is approved subject to the reasonable satisfaction of the Planning Manager, with sections of the Santa Ana Municipal Code, the California Code, the Uniform Fire Code, the Uniform Building Code applicable regulations. compliance, to all applicable Administrative and all other The applicants must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicants must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicants must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 04-055). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The current grove of Canary Island Pines and Mexican Fan Palms and vines around the equipment area shall be maintained in good order over the life of the conditional use permit. In addition, new vines will be added to the leased equipment area and be maintained by AT&T. 4. The permit applicants recognize that the frequencies used by the cellular facility located at 2810% South Flower Street are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordinationn engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guiden published by the Association of Public-Safety Communications 7~i~1~ MARCH 28, 2005 PAGE20F3 Officials- International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (Permit Applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS) . Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 5 . At all times, of Santa Ana City's 800 MHz the permit applicant shall not from having adequate spectrum radio frequency. prevent the City capaci ty on the 6. Before activating its facility, the permit applicants will submit to a post-installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff- Coroner Department or a Division-approved contractor at the expense of the Applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 7. The permit applicants shall provide a 24-hour which interference problems may be reported. will also apply to all existing facilities Santa Ana. phone number to This condition in the City of 8. The permit applicants will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continui ty on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to City's designated representative upon activation of the facility. 9. The permit applicants shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 75A-14 MARCH 28, 2005 PAGE30F3 10. The permit applicants shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 11. The proposed engineered to providers. wireless communication allow the co-location structure of other must be service 12. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building. 13. This conditional use permit shall expire five years from the date of approval by the City Council. 75A-15 KO - 4/4/05 RESOLUTION NO. 2005-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-23 TO ALLOW A 60-FOOT TALL WIRELESS TELECOMMUNICATIONS FACILITY FOR THE PROPERTY LOCATED AT 2810 % SOUTH FLOWER 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. Conditional Use Permit No. 2004-23 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on March 28, 2005. B. Conditional Use Permit No. 2004-23 has been filed with the City of Santa Ana seeking to allow a 60-foot tall wireless telecommunications facility for the property located at 2810 % South Flower Street. The facility will be co-locatable. C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant 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 60-foot tall cellular monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon and AT&T wireless services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the south-central and southeast areas of Santa Ana. 75A-16 Resolution No. 2005-01 Page 1 of 3 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? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The existing monopalm, in conjunction with the grove of trees, will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the monopalm has a design that will give it the look of a palm tree, with landscaping a major tool used in maintaining and increasing the economic stability of project sites. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. Colocation of carriers is strongly encouraged when possible. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The monopole, as designed, will not adversely affect the General Plan, as cellular facilities, designed to be compatible with the surrounding environment, are consistent with the goals and objectives of the Institutional (INS) General Plan designation. E. This project was reviewed in accordance with the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows for the construction and location of limited numbers of new, small facilities and structures. Categorical Exemption Environmental Review No. 2004-161 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2004-23 as conditioned in Exhibit "A" attached 75A-17 Resolution No. 2005-01 Page 2 of 3 hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated March 28, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of March , 2005 by the following vote: AYES: Commissioners: Cribb. De La Torre, Gartner. Mondo. Nalle (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo, Lutz (2) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-01 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 28, 2005. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2005-01 Page 3 of 3 75A-18 Conditions for Approval for Conditional Use Permit No. 2004-23 Conditional Use Permit No. 2004-23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicants must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicants 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. Plannina Division 1. The applicants must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 04- 055). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The current grove of Canary Island Pines and Mexican Fan Palms and vines around the equipment area shall be maintained in good order over the life of the conditional use permit. In addition, new vines will be added to the leased equipment area and be maintained by AT&T. 4. The permit applicants recognize that the frequencies used by the cellular facility located at 2810% South Flower Street are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (Permit Applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar EXHIBIT "A" Page 1 of 2 75A-19 consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 5. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 6. Before activating its facility, the permit applicants will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor at the expense of the Applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 7. The permit applicants shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 8. The permit applicants will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to City's designated representative upon activation of the facility. 9. The permit applicants shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 10. The permit applicants shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 11. The proposed wireless communication structure must be engineered to allow the co-location of other service providers. 12. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building. 13. This conditional use permit shall expire five years from the date of approval by the City Council. EXHIBIT "A" Page 2 of 2 75A-20 bk-5/10/05 RESOLUTION NO. 2005-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-23 TO ALLOW A 60-FOOT TALL WIRELESS TELECOMMUNICATIONS FACILITY FOR THE PROPERTY LOCATED AT 2810 % SOUTH FLOWER 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. Conditional Use Permit No. 2004-23 came before the City Council of the City of Santa Ana for a duly noticed, de novo public hearing on May 16, 2005. B. Conditional Use Permit No. 2004-23 has been filed with the City of Santa Ana seeking to allow a 60-foot tall wireless telecommunications facility for the property located at 2810 % South Flower Street. The facility will be co-locatable. C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. D. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant 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 60-foot tall cellular monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon and AT&T wireless services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the south-central and southeast areas of Santa Ana. 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? 75A-21 Resolution No. 2005-049 Page 1 of 3 Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The existing monopalm, in conjunction with the grove of trees, will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the monopalm has a design that will give it the look of a palm tree, with landscaping a major tool used in maintaining and increasing the economic stability of project sites. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. Colocation of carriers is strongly encouraged when possible. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The monopole, as designed, will not adversely affect the General Plan, as cellular facilities, designed to be compatible with the surrounding environment, are consistent with the goals and objectives of the Institutional (INS) General Plan designation. E. This project was reviewed in accordance with the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows for the construction and location of limited numbers of new, small facilities and structures. Categorical Exemption Environmental Review No. 2004-161 will be filed for this project. Section 2. The City Council after conducting the public hearing hereby approves Conditional Use Permit No. 2004-23 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Council Action dated May 16, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 75A-22 Resolution No. 2005-049 Page 2 of 3 Section 3. If any section, subsection, sentence, clause, phrase or portion of this resolution, including but not limited to each and every condition attached hereto, 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 resolution. The City Council of the City of Santa Ana hereby declares that it would have adopted this resolution and each section, subsection, sentence, clause, phrase or portion thereof, including the conditions hereto, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, portions or conditions be declared invalid or unconstitutional. Section 4. This resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney 75A-23 Resolution No. 2005-049 Page 3 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-24 Resolution No. 2005-049 Page 4 of 3 Conditions for Approval for Conditional Use Permit No. 2004-23 Conditional Use Permit No. 2004-23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicants must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicants 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. Plannina Division 1. The applicants must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 04- 055). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The current grove of Canary Island Pines and Mexican Fan Palms and vines around the equipment area shall be maintained in good order over the life of the conditional use permit. In addition, new vines will be added to the leased equipment area and be maintained by AT&T. 4. The permit applicants recognize that the frequencies used by the cellular facility located at 2810% South Flower Street are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (Permit Applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar EXHIBIT "A" PfgA~fi5 consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 5. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 6. Before activating its facility, the permit applicants will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor at the expense of the Applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 7. The permit applicants shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 8. The permit applicants will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to City's designated representative upon activation of the facility. 9. The permit applicants shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 10. The permit applicants shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 11. The proposed wireless communication structure must be engineered to allow the co-location of other service providers. 12. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building. 13. This conditional use permit shall expire five years from the date of approval by the City Council. EXHIBIT "A" P~2of2 { oA-26