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Home My WebLink About FULL PACKET_2005-09-06 MEMORANDUM ~ ~ To: Mayor and Councilmembers June 17, 2005 Date: From: Clerk of the Council ~ BOARDS AND COMMISSIONS APPOINTMENT Subject: Foryour information, Rigoberto Rodriguez has been recommended by Councilmember Solorio to serve on the Planning Commission as a regular representative, and will be placed on the June 20, 2005 Council agenda for appointment effective July 1, 2005. Please call me if you have any questions. I:\BOARDS\2005\Nomination Letter\NOMINA TION MEMO. doc CS 808 13C-1 CfIY OF SANTA ANA ZUJ5 -7 PI'1 3: 15 Name (Mr., Mrs., Ms.) APPLICATION FOR SERVICE BOARDS I COMMISSIONS I COMMITTt~fy 0,;:'(' C! r.:- LL. Tl\ ANA ,-," II" UU _ Rodriguez LAST Rigoberto FIRST MIDDLE Home Address 918 E. Park Lane Ward: ...~ Precinct: (f),8 31 tJ; (to be completed by Clerk staff) Zip Code 92705 Home Phone (714) 289-1062 Fax (714) 289-1062 E-Mail riqoberto@sbcqlobal.net Pager/Mobile 714.504.7446 Other Employer self employed/Rigoberto Rodriguez Consulting, Inc. Occupation: Community Planning Work Address 918 E. Park Lane City: Santa Ana Zip Code: 92705 Work Phone: 714.504.7446 Soc. Sec. NO~ Driver's License No. Birth Date Spouse's Name: Rosalba M. Hernandez Years Lived/Worked in Santa Ana 12 Language(s) Spoken: English/Spanish Organizations (Professional, Community, Service or other) o Community Redevelopment & Housing Commission, Santa Ana o American Association of Geographers Educational Background: B.A. Comparative Literature/Spanish Literature (UC Irvine/1993); M.A. Urban & Regional Planning (UC Irvine/1999) Ph.D. Candidate, Urban Geography (USC/Expected Completion: August 2005) Remarks (attach resume if available) List Board(s)/Commission(s) you would like to serve on: 1) Planning Commission 2) Community Redevelopment & Housing Commission 3) Santa Ana Workforce Investment Board I am a registered voter in the City of Santa Ana. I have completed this application with the knowledge and understanding that any or aU items may be verified. I consent to the release of info~ contained in this application to interested parties. EXCEPT SOCIAL SECURITY # & DRIVER'S LICENSE ~ NO U E THESE TWO FOR INTERNAL PURPOSES I 1,- SIGNATURE DATE 6 _6 LOv . * This field must be compte in order for application to be processed. This apprlCation will be retained , ~ie -T of the Council Office for 2 years. RIGOBERTO .- RODRIGUEZ 918 E. Park Lane Santa Ana, CA 92705 714.289.1062 (home) 714.504.7446 (mobile) riqoberto. rodriquez(G)att. net Department of Geography University of Southern California Kaprielian Hall, Room 416 Los Angeles, CA 90089-0255 213.740.0050 EDUCATION 1999-Present Doctoral Candidate in Urban Political Geography University of Southern California Dissertation Title: "Fadlitating Active Citizenship: local Governance And Mexican Immigrants in Santa Ana, California" Research Interests: immigrant political incorporation; race and immigration in urban areas; community-based nonprofit organizations; the local state; multi-stakeholder community planning; neighborhood community development. 1997-1999 Masters in Urban ft Regional Planning University of California, Irvine Pr~ram Emphasis: community health and community development; inclusive community planning processes for inner -dty neighborhoods. 1988-1994 Bachelors of Art in Comparative Literature ft Spanish Literature University of California, Irvine Double Major, Magna Cum Laude &: Phi Beta Kappa Interests: Critical Theory, Cultural Studies, race and ethnicity, and Chicano/a history, culture, and literature SELECTED AWARDS & HONORS · Recipient, Diversity Fellowship, University of Southern California (2002 to 2004) · Senior Irvine Fellow, University of Southern California, Center for the Study of Race and Ethnicity, Dissertation Workshop (2003) · Recipient, Ford Foundation Pre-Doctoral Fellowship for Minorities (1999 to 2002) · Executive Officer of the Year, USC Graduate &: Professional Student Senate 12ooo-2oo1} · Continuing Graduate Student Award, California Planning Foundation (1998-1999) · Scholarship, CORD Orange County leadership Program, (1992) · Selected Undergraduate Awards: Dan &: Jean Aldrich Scholarship, UC Irvine Undergraduate Fellowship (1992-93); Howard Lawson Memorial Scholarship, UCI School of Humanities (1991); Chancellor's Research Fellowship, UC Irvine (1991-1992); Minority Summer Research Institute Program, UC Irvine (1992); National Hispanic Scholarship Fund (1991). 13C-3 RESEARCH EXPERIENCE Sep 1997- Aug 1999 July-Dee 2002 Research Associate Cultural Ethnography of Civic Information: Delhi Neighborhood's Sodal Networks, Information, And Civic Involvement. Principal Investigators: Rick PuUen, Ph.D., Cal State FuUerton, & Dennis Foley, M.A., OC Register. Funded by the Pew CMc Trust. · I conducted 18-1n depth key informant interviews, 4 focus groups, and extens1ve f1eld work to understand how indMduals and groups in the Delhi neighborhood find out about neighborhood issues and get involved in neighborhood civic action. Research Assistant The Sodo- Spatial Facets of Social Networks of People of Color with HIV I AIDS. Priocipallnvestigator: Lois Takahashi, Ph.D., Urban and Regional Planning, UC Irvine. · I conducted 20 in-depth intervfews and 8 focus groups with persons IMng with HIV I AIDS, and coordinated team of 17 students who conducted 60 interviews and a survey of over 200 people IMng with HIV / AIDS. Sep 1993- Aug 1994 Research Assistant Mexican Immigrants and Public Service Utilization in Orange County Priocipallnvestigator: Manuel Garda y Griego, Ph.D., Politics & Society, UC Irvine. · I collected demographfc data on public service utilization rates of Latino immigrants in Orange County, and conducted an analysis of prominent fiscal impact studies of 1mmigrants. PUBLICATIONS VVork-in-Progress Rodriguez, R. (2005). "This Is Now My Neighborhood: Mexican Imm1grant Place-Maklng Practices And Civic Action" Rodriguez, R. 12005). "Building Strengths: Organizational Capadty Building Among latino Immigrant Transnational Grassroots OTganizations." (In collaboration with other authors.) Co-Authored Academic Articles Takahashi, L. and R. Rodriguez (2DOl). "Access Redefined: service pathways of persons living with HIV and AIDS" Culture, Health & Sexual1ty, Vol. 4, No.1: 67-83 Takahashi, lo, Douglas Wiebe, and R. Rodriguez (2001). "Navlgating the time-space context of HIV and AIDS: dally routines and access to care" Social Science & Medidne, Vol. 53: 845-863 Professional Reports 6: Articles Rodriguez, R. (2(02). "Cultural Ethnography of CMC Information: Delhi Neighborhood's Social Networks, Information, And CMC Involvement:' Prepared for the Orange County Reg1ster and the Pew Civic Trust. Rodriguez, R. (2000). "Who wm Be At Your Funeral? De-M1stify1ng Evaluation." Future Searching, Fall 2000. Rodriguez, R. (1999). Delh1 Healthy Ne1ghborhood In1tiative. Prepared a Professional Report for Master's Program that develops a framework for launch1ng a healthy ne1ghborhood 1n1tiative 1n the Delhi ne1ghborhood in Santa Ana. Key recommendations were 1mplemented by agency. Rodriguez, R. (1998). Pr~ram Evaluation Plan: Humanities Out There (H.D.T.). Prepared for Julia R. lupton, Ph.D., Director for program rendering supplemental academk (human1ties) 1nstruction in Santa Ana elementary schools. Book Reviews Rodriguez, R. (2001). "On Alba Gaspar de Alba, Chtcano Art: Inside/OUtside the Master"s House: Cultural Pol1ties and the CARA Exhibit" Etrnes, Place and Envlronment Yo14, No.2: 191-195 Rodriguez, Rigoberto-Resume 2 SELECTED VOLUNTEER EXPERIENCE Present & Recent Experiences Appointed Member, Community Redevelopment & Housing Commission, City of Santa Ana (February 2003 to Present) Board President, San Gabriel Valley Conservation Corps, a non-profit agency dedicated to working with high-risk youth through leadership & workforce development) (2002- Present) Proposal Evaluator, United Way of Orange County, Children's Health Initiative- February-April, 2003 Proposal Evaluator, Cesar Chavez Memorial Grants, State of Cal'ifornia (January 2001) Vice President, Academic Affairs, USC Graduate &- Professional Student Senate. Principal coordinator of the Fourth Annual Graduate Student Interdisciplinary Conference, "Beyond Black & White Reception: Race in the 21st Century." Over 350 participants. (April 2001 ). Graduate Student Representative, Geography Department (2000-01) Past Affiliations Board Member, Delhi Center (1998-1999) Core Member, Community Outreach Partnership Center-HUD-funded (Santa Ana College, UC Irvine, Delhi Center, and Warwick Square Apartments) (1997-1999) Board Member, Coalition of Children, Adolescents, & Parents (1996-98) Board Member, UCI Alumni Assodation (1996-1998) Vice-Chair, Santa Ana Youth Alternatives Collaborative (1996-1997) Co-Chair, Orange County HIV Prevention Planrring Committee (1996) Member, Orange County HIV Planning Advisory Council (1994-1996) Selected UC Irvine Undergraduate Volunteer IWork Experience: Student Body President (1992-1993); Resident Advisor, Native American Intertribal University Program (Sununer 1992); Vice President Academic Affairs, Student Government f1991-1992); Resident Advisor, Sununer Bridge, for first-year students from underrepresented populations; Co- Chair, MEChA (1990-1991); Co-Editor, la Voz Mestiza (1988-1990). Rodriguez, Rigoberto-Resume 3 WORK EXPERIENCE Jan 2001- Present Oct 2001- Aug 2003 Dec 2001- June 2002 June 1998- June 2001 June 1993- Aug 1998 Principal Consultant, Rigoberto Rodriguez Consulting, Inc. Provide organizations and communities with planning and facilitation support to launch community health and community development initiatives largely targeting Mexican immigrant communities and Communities of Color. Associate Director, Academic Programs, USC McNair Scholars Program This program targets students are from first-generation, low-income families and/or from underrepresented ethnic/racial groups in academia-who are interested in pursuing a Ph.D. r developed and taught a research design course and coordinated workshops on financial aid, statements of purpose, GRE preparation, and professor- student mentoring activities. Consultant, Orange County Children 8: Families Commission Evaluated proposals targeting at-risk children 0-5 and their families in Orange County, and served as capacity building consultant for five small non-profit organizations. Associate Consultant, Orange County Future Search Network Assisted in planning and fadlitating six Future Search Conferences and other large Group Interventions in Orange County addressing the following issues: affordable housing; emancipating youth; reversing alcohol trends in the Latino community in Santa Ana; developing a strategic plan for the Orange County Human Relations Commission; developing strategic directions for Delhi Center in Santa Ana. Program Coordinator. Delhi Center. Santa Ana 1996-1998: Coordinated neighborhood health and human service programs for this nonprofit agency, including senior services, emergency and monthly food assistance, youth summer enrichment & training program, parenting education (teen pregnancy prevention), and neighborhood special events. Supervised & trained five staff, eight youth summer employees, and volunteers, and actively participated in youth & neighborhood pollcy committees in Santa Ana. 1993-1996: Planned, coordinated, and evaluated two HIV-prevention programs aimed at Latino gay & bisexual men, Latino transgenders, Latina immigrant women, and two service access programs working with HIV-positive Latinos in Orange County. Supervised & trained eight staff members, and actively participated in County HIV Policy Committees. Rodriguez, Rigoberto-Resume 1 ~~_~ 4 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: FISCAL YEAR 2004-2005 APPROPRIATION YEAR-END ADJUSTMENT 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 ~;ER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve an appropriation adjustment recognizing fiscal year 2004-2005 net revenues of $2,035,125 in the various Redevelopment Project Area Funds, and Housing Authority Funds, the repayment of $204,580 in loan obligations and operating transfers of $819,015 to the Downtown Parking and Maintenance Funds. DISCUSSION The accounting and audit processes for the City of Santa Ana, and all governmental entities in the nation, are governed by Generally Accepted Accounting Principles (GAAP), as defined by the Governmental Accounting Standards Board (GASB). In accordance with GAAP, it is necessary for the City Council to formally approve a series of adjustments before completing the City's accounting for the revenue and expenditure transactions of the 2004-2005 fiscal year. The subject action will recognize and appropriate $2,035,125 In additional tax increment and other unanticipated revenues received, and unappropriated balances from prior years in various accounts. The funds will be appropriated to fund payment to the Housing Set-Aside fund, payments of pass-throughs, loan obligations, to cover various deficit line items, and fund capital projects. 20A-1 Fiscal Year 2004-05 Appropriation Year-End Adjustment September 6, 2005 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will allocate funds in the amount of $2,035,125 in the Redevelopment Project Areas (Funds 511, 520, 521, 530, 531, 540, 541, 550, 551, 552, 558, 560, and 561), the Housing Authority (Fund 139), the Downtown Parking Fund (Fund 27), and the Downtown Maintenance Fund (Fund 407) . APPROVED AS TO FUNDS AND ACCOUNTS: patricia C. Whitaker Executive Director Community Development Agency "::t ~~~~ ~..) Francisco Gutierrez Executive Director Finance & Management \\ ~~. . - (v.I Services AgencYfr PCW/NE/mlr' H:\ACTIONS\2005 CC\FY2004-05AppropriationYE Adj 9-6-05.doc 20A-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 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 APPROPRIATION ADJUSTMENT FOR LAND AND WATER CONSERVATION FUND GRANT AWARD 1'. r1(' ~. . CITY ANA R CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve an appropriation adjustment recognizing $152,235 in the State of California Land and Water Conservation Fund grant revenue account (account no. 156-01-5350-2) and appropriate same to the Land and Water Conservation Fund expenditure account (account no. 156-347-6631) for picnic shelter improvements at Centennial Park. DISCUSSION The City of Santa Ana Parks, Recreation and Community Services Agency was successful in receiving a $152,235 Land and Water Conservation Fund grant from the State of California Department of Parks and Recreation for the replacement and installation of picnic shelters at Centennial Park. The seven existing shelters, which provide tables and shade for picnics, birthday celebrations and leisure activity, are in very poor condition and in need of replacement. The project includes demolition and replacement of seven existing structures, plus the construction of one addi tional structure. FISCAL IMPACT The appropriation adjustment will enhance the State of California Land and Water Conservation Fund revenue account (account no. 156-01-5350-2) and expenditure account (account no. 156-347-6631) by $152,235. .6'ff) APPROVED AS TO FUNDS AND ACCOUNT d'{S-~L~~~f/ (2 L~i!LL~/YJ ~ranci~co G~tierrez Executlve Dlrector, Finance and Management Agency "4....-' _ ."" ~ Ger rdo Mouet Exe utive Director, ParKs, Recreation, and Community Services Agency Svcs. 208-1 208-2 REQUEST FOR COUNCIL A,CTION ~ ~~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: CONTRACTS RENEWAL FOR PAINT AND SUPPLIES (SPEC. NO. 02-111) 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 ___ ~I flZ~ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contracts for paint and supplies for a one-year period In the annual amounts as follows: Vendor: Location: Categories: Amount: Vista Paint Corp. Griffin Ace Hardware Northtown Company Fullerton B, C, E, F Santa Ana G Huntington Beach A $45,191 $10,050 $ 5,940 DISCUSSION In order to perform general maintenance, various City departments require an assortment of interior and exterior paints and supplies such as brushes, rollers, and masking tape. In addition, the Public Works Agency requires industrial paints for graffiti abatement, fire hydrants, curbs, crosswalks, and lane markings. The materials are purchased through the Central Stores warehouse for distribution as needed. The contracts for the supplies are designed to provide quality products at significant savings based on quantity pricing. On September 3, 2002, the City Council awarded contracts for paint and supplies to Vista Paint Corporation, Griffin Ace Hardware, a Santa Ana vendor, and Northtown Company for a two-year period with provision for two one-year renewals. The vendors have performed satisfactorily during the past contract period and have agreed to renew the contracts without an increase in pricing. Staff recommends the final renewal of the contract with the recommended vendors. 22A-1 CS 383 Contract Renewal for Paint and Supplies (Spec. No. 02-111) September 6, 2005 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). ~~<</ t! :2/L-0 L\\~ncisco Gutierrez [) . Executive Director r~ Finance and Management Services Agency FG/WO/02-111-R.2:uc 22A-2 REQUEST FOR COUNCIL ACTION ~ ~\~l?~, ~-v ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE (SPEC. NO. 03-061) 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 rl/l;t2~ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Renew the contract with ValleyCrest Landscape Maintenance, Inc., for landscape maintenance services at the Santa Ana Zoo at Prentice Park and other general park locations as needed for a one-year period in the annual amount not to exceed $63,240. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the landscape maintenance at all City parks as well as the Santa Ana Zoo at Prentice Park. The maintenance includes: mowing and edging of turf, pruning and trimming of trees and shrubs, removal and control of weeds and of plant diseases and pests, plant irrigation, and the maintenance and repair of irrigation systems. Additionally, the agency is responsible for the general maintenance and upkeep of the Santa Ana Zoo at Prentice Park as a safe and attractive feature of the City. On September 2, 2003, the City Council awarded a contract to ValleyCrest Landscape Maintenance, Inc. for a two-year period with provision for three one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. 228-1 cs 383 Contract Renewal for Landscape Maintenance (Spec. No. 03-061) September 6, 2005 Page 2 FISCAL IMPACT Funds are available in the Park Maintenance Contractual Services account (account no. 11-250-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~.(fn ~::~~t~v:o~~~ector Parks, Rec. & Comm. Svcs. Agency '1.~~~~'\ ""r:'0 \\ A. ~ '-:Il ~ , ~Francisco Gutierrez ! /~. \ I . ) Executlve Dlrector Finance & Mgmt. Services Agency GM/WO/03-061-R.8:uc 228-2 REQUEST FOR COUNCIL A.CTION ~ ~~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: CONTRACT AWARD FOR ELECTROMAGNETIC FLOW METERS (SPEC. NO. 05-048) 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 !2#lf2 CI Y MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Hykin Systems Automation, Inc. for the purchase of electromagnetic flow meters in the amount of $24,905.76. DISCUSSION The Public Works Agency's Water Resources Division is upgrading the City's water production system. The water system is divided into two pressure zones by four pressure-regulating stations. Electromagnetic flow meters can measure the amount of water that is produced and deli vered between the two pressure zones. Once installed, the flow meters will improve the accuracy of water measurement and the operating efficiency of the City's water production system. The notice inviting bids was advertised on April 22-25, 2005, and bids were solicited. A summary of the bid invitations and the bid received is as follows: 24 Invitations For Bid mailed 3 Invitations For Bid mailed to Santa Ana vendors 1 Bid received Bid was received, opened on July 27, 2005, and evaluated. received from Hykin Systems Automation, Inc. is responsive specifications and meets the City's requirements. The bid to the 22C-1 CS JB:J Contract Award for Electromagnetic Flow Meters (Spec. No. 05-048) September 6, 2005 Page 2 FISCAL IMPACT Funds are available In the Water Utility Water Production & Supply Machinery & Equipment account (account no. 64-574-6641). ~ A f{Q I Ja,Jrles.' Ross ! ecutive Director ublic Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~Ldf2~~ .:\\ nCl~co G,:tlerrez fvJ ) Executlve Dlrector Finance & Mgmt. Services Agency JGR/WO/05-048.9:uc 22C-2 REQUEST FOR COUNCIL ACTION ~ "-'~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: CONTRACT AWARD FOR FIRE DETECTION PANEL (SPEC. NO. 05-077) 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 CONTINUED TO ;/ //;J ^-/~.. ttv-~- CITY MANAGER FILE NUMBER RECOMMENDED ACTION Award a contract to SimplexGrinnel for the replacement of the City Hall fire detection panel in an amount not to exceed $81,000. DISCUSSION The Finance and Management Services Agency's Building Maintenance Division is responsible for maintaining the fire alarm system for City Hall. Fire alarms and sensors are connected to, and controlled by, a centrally located fire detection panel. The existing panel was installed during the construction of City Hall and is now obsolete. To ensure proper integration with existing alarms and sensors, Building Maintenance staff negotiated with SimplexGrinnell, supplier of the city's existing fire detection system, for replacement of the fire detection panel. SimplexGrinell has agreed to replace the system at a cost of $74,000. To allow for unanticipated requirements, an additional contingency of less than 10 percent has been included in the award amount. FISCAL IMPACT Funds are available in Building Maintenance Other Contractual Services account (account no. 73-105-6291). \~~~~rA ~ \\~ .'" c0Franci~co G~tierrez J. Executlve Dlrector Finance and Management Services Agency FG/BP/05-077.2:uc 220-1 220-2 REQUEST FOR COUNCIL ACTION ~ ~~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: CONTRACT AWARD FOR INMATE BATH TOWELS & LINENS (SPEC. NO. 05-082) 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_____ ~a CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Leslee ScottI Inc. for the purchase of inmate bath towels and linens for a period of one year with options for two one- year renewals in an annual amount not to exceed $10(689. DISCUSSION The City of Santa Ana maintains a 480-bed holding facility ( which houses federal ( Santa Ana, and juvenile inmates. Under Title 15 of the Board of Corrections Minimum Standards for Jails( the Santa Ana Holding Facility is required to provide clean bath towels and linen to all inmates upon incarceration, and must provide an exchange of clean linen on a weekly basis while the inmates are in custody. Each inmate is provided with one blanket, two sheets( one pillowcase, and one towel. In order to meet the mandated requirement, the holding facility must maintain a sufficient inventory of bath towels and linens to allow for continuous supply during the laundering and exchange process. Staff requests shipments of bath towels and linens on a quarterly basis in order to maintain sufficient inventory. The notice inviting bids was advertised on July 22 and 25, bids were solicited. A summary of the bid invitations received lS as follows: 2005 and and bids 10 Invitations For Bid mailed 5 Bids received 22E-1 c~, Jt>.~ Contract Award for Inmate Bath Towels and Linens (Spec. NO. 05-082) September 6, 2005 Page 2 Bids were received and opened on August 3, 2005 received from Leslee Scott, Inc. is responsive and meet the City's requirements. (Exhibit 1). The bid to the specifications FISCAL IMPACT Funds are available in the Police Detention Services Operating Materials & Supplies account (account no. 11-349-6391). APPROVED AS TO FUNDS AND ACCOUNTS: \ i~~,-,J Uv.~ l ~- Paul M. Walters Chief of Police ~"u-/__ / ~CI~ rancisco Gutierrez fJ {)~tExecutive Director Finance & Mgmt. Services Agency PMW/TO/05-082.7:uc 22E-2 ABSTRACT FOR BIDS -- 05-082 INMATE BATH TOWELS AND LINENS BIDDER: LESLEE SCOTT, BOB BARKER INC. COMPANY, INC. LOC: OGDEN, UT FUQUAY-VARINA, NC TERMS: NET 30 NET 30 CATEGORY 1 $ 1,601 $ 2,697 - BATH TOWELS CATEGORY 2 $ 4,391 $ 4,176 - FLAT SHEETS CATEGORY 3 $ 1,223 $ 1,656 - PILLOWCASES CATEGORY 4 $ 641 $ 770 - BLANKETS 7.75% TAX: $ 1,140 $ 720 20% CONTINGENCY $ 1,693 $ 2,004 TOTAL: $10,689 $12,024 BIDDER: ATD-AMERICAN CO. JAMES G. HARDY ROBINSON TEXTILES & CO. LOC: WYNCOTE, PA MOORESTOWN, NJ GARDENA, CA TERMS: NET 30 NET 30 NET 30 CATEGORY 1 $ 2,349 $ 2,425 $ 3,348 - BATH TOWELS CATEGORY 2 $ 4,445 $ 5,802 $ 6,336 - FLAT SHEETS CATEGORY 3 $ 1,472 $ 1,843 $ 2,304 - PILLOWCASES CATEGORY 4 $ 568 $ 546 $ 790 - BLANKETS 7.75% TAX: $ 685 $ 823 $ 990 20% CONTINGENCY $ 1,904 $ 2,288 $ 2,754 TOTAL: $11,422 $13,727 $16,522 SUMMARY OF BID AWARD: TOTAL AWARD AMOUNT NOT TO EXCEED: LESLEE SCOTT, INC. $10,689 12EI.;~ 22E-4 REQUEST FOR COUNCIL ACTION ~ Sf~ducatJolJ 1st - \ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: CONTRACT AWARD FOR LIBRARY CATALOGING AND PURCHASE OF BOOKS AND MATERIALS (SPEC. NO. 05-089) 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____ /2d2 CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Brodart Company for cataloging services and the purchase of books and materials for a one-year period in the amount not to exceed $583,540. DISCUSSION The Santa Ana Library has contracted with the Brodart Company for over ten years for the purchase of books and materials, as well as for cataloging services. Brodart performs the necessary function of identifying new books by affixing labels and cataloging in accordance with Library direction. Library staff has researched the services provided by the various cataloging suppliers. As a result, Library staff has determined that Brodart Company is the sole source provider for cataloging Spanish language publications. Brodart has performed satisfactorily over the years, and will continue to provide the City with discounts ranging from 10-45 percent. FISCAL IMPACT Funds are available in the Library Technology & Support Services, Adult Services, and Youth Services accounts (account nos. 11-216-6391, 11- 216-6291, 11-212-6651, 11-212-6391, 11-213-6651, and 11-213-6391) . RR/BP/OS-089_4:uC APPROVED AS TO FUNDS AND ACCOUNTS: ~g~(/ &~h~ ,-,':eft ncisco Gutierrez f1J - Executive Director 22F_finance & Mgmt. Services Agency I I / / . \ ~I .' \ ;' '/ ":...-".. ".'-""'"- . If,..' / I> ., " ROD Richard Library Director 22F-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: , '-...../ / 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 NEGATIVE DECLARATION FOR THE PATRICIA LANE SCENIC ENHANCEMENT PROJECT (PROJECT NO.6372) CONTINUED TO /7" FILE NUMBER RECOMMENDED ACTION Approve and certify a Negative Declaration for the patricia Lane Scenic Enhancement project. DISCUSSION The City received Transportation Enhancement Activities Federal grant funding for land acquisition and scenic enhancement of the nine vacant parcels totaling approximately one-acre bordered by the Interstate-5 freeway, Patricia Lane, Eastside Avenue, and Sixth Street (Exhibit 1). These parcels were previously purchased by Caltrans to accommodate the Interstate-5 freeway widening project. The nine parcels have been purchased from Caltrans and the design for the scenic enhancement and park site have been completed. The project, when completed will include site grading, construction of new concrete walkways, and installation of new block wall, landscaping, irrigation systems, and playground equipment. The City is seeking construction authorization from Caltrans in order to advertise the project. Therefore, the Negative Declaration needs to be adopted and recorded in order to complete the Caltrans application process. ENVIRONMENTAL IMPACT On May 8, 2003 the City posted a 30 day public Declaration No. ER 03-047 and a monitoring program for day review period ended at 5:00 p.m. on June 5, 2003. approval and certification of this document. review of Negative the project. The 30 Staff is requesting FISCAL IMPACT There is no fiscal impact associated with this action. ~. ~~\ ~James G. Ross ~\ Executive Director Public Works Agency 23A-1 , wI e, (/)1 f-, ~I w' el! ! 605 N ~ 606 I 1 23 24 ' 60/ ~ 33 U ~ I 1 -!!2 I - ~ f..O Q) 1 ~ - ~ 5,3' , I 1 ' ' ----------------------------------~----~-------------- SIXTH STREET 606 706 700 630 626 622 6/8 6/4 6/0 'Ov 29 30 J'-<;1 '-},;- -<1 -<11-. -<1 ^'~ <.<'(: ~)- do' I I 1 , 1 , I ~ a "'" ~ 17 6/9 !!1 6/5 ~ 609 0 N IN. T.S. ) 0'\ C\J <,e I'<) I'<) <,e o lD 80' C\J a "'":::::, :::::,-' CD 538 60' ~ ~ ~ I'<) I'<) ~ 532 53/ N <,e <,e <,e <,e f- <,e (/) 2 3 4 5 528 ..... 534 f- N 525 I Cl &;?? 0::: :s: ~~~ PROJECT AREA City Council Title: PATRICIA LANE Agenda Date SCENIC ENHANCEMENT PROJECT PLlI.lC 1KRS AWCY SEPT. 6, 2005 (PROJECT NO. 6372) k:\projects\deslgn\octlve\Pork Proj\Potrlclo Lone Pork\Exhlblt\loc_mop.dgn 23A-2 REQUEST FOR COUNCIL ACTION ~ ~ta/~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NOS. 2005-03 THROUGH 2005-06 FOR THE PROPERTIES LOCATED AT 2033 NORTH GREENLEAF STREET, 2014 NORTH BUSH STREET, 1719 NORTH HELIOTROPE DRIVE, AND 1320 NORTH BROADWAY 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the following property owners of 2033 North Greenleaf Street, 2014 North Bush Street, 1719 North Heliotrope Drive, and 1320 North Broadway. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the following property owners of 2033 North Greenleaf Street, 2014 North Bush Street, 1719 North Heliotrope Drive, and 1320 North Broadway at its August 4, 2005 meeting by a vote of 7:0 (Bustamante and Schaefer absent) . Property Owner Names Address James R. and Louise A. Ferrell 2033 North Greenleaf Street Donald A. Nelson 2014 North Bush Street Sterling B. Mutz, Trustee of Sterling B. Mutz 1719 North Heliotrope Drive Separate Property Trust and Jane Tuckey, Trustee of the Successor Trustees, of the Jane Tuckey Revocable Trust dated October 8, 1986 Ernestine Vasquez 1320 North Broadway DISCUSSION After the Commission Agreements public hearing on August reviewed the proposed (Mills Act Contract) and 4, 2005, the Historic Resources Historic Property Preservation concluded that the resulting 25A-1 HPP Agreement Nos. 2005-03 through 2005-06 September 6, 2005 Page 2 potential property tax savings would encourage the owners to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreements prevent inappropriate alterations. FISCAL IMPACT The Historic Property Preservation Agreements will reduce the property tax revenue to the City by an estimated $189.74 to $948.69, cumulatively and annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~eVino Ex utive Director Panning & Building Agency ~M\~~'l ~J ~ .%::OA ~ Francisco Gutierrez Executive Director Finance & Management Services Agenc:l~ HS:rb hS\historic info\08040SHRC\MillsActContracts.cc 25A-2 REQUEST FOR Historic Resources Commission Action ~ ~ HISTORIC RESOURCES COMMISSION SECRETARY HISTORIC RESOURCES COMMISSION MEET'N3 DATE: AUGUST 4, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NOS. 2005-03 THROUGH 2005-06 FOR THE PROPERTIES LOCATED AT 2033 NORTH GREENLEAF STREET, 2014 NORTH BUSH STREET, 1719 NORTH HELIOTROPE DRIVE, AND 1320 NORTH BROADWAY Prepared by Hally Soboleske APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO ~tive Director ~~er RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the following property owners of 2033 North Greenleaf Street, 2014 North Bush Street, 1719 North Heliotrope Drive, and 1320 North Broadway. DISCUSSION Request of Applicants The applicants request the approval of Historic Property Preservation Agreement Nos. 2005-03 through 2005-06 (Mills Act) between the property owners and the City of Santa Ana. The property owners are as follows: Property Owner Names Add ress James R. and Louise A. Ferrell 2033 North Greenleaf Street Donald A. Nelson 2014 North Bush Street Sterling B. Mutz, Trustee of Sterling B. Mutz 1719 North Heliotrope Drive Separate Property Trust and Jane Tuckey, Trustee of the Successor Trustees, of the Jane Tuckey Revocable Trust dated October 8, 1986 Ernestine Vasquez 1320 North Broadway Property Descriptions HPPA No. 2005-03 - 2033 North Greenleaf Street. This structure is a two-story Prairie style residence and a detached, two-car garage located at 926 North Olive Street and is within the Floral Park neighborhood. Surrounding land uses are residential. EXH2'!A_3 HPPA Nos. 2005-03 through 2005-06 August 4, 2005 Page 2 HPPA No. 2005-04 - 2014 North Bush Street. This structure is a one and one-half story Craftsman style residence and a detached one-car garage located in the Santa Ana Triangle neighborhood. HPPA No. 2005-05 1719 North Heliotrope Drive. This structure is a two-story Tudor Revival style residence and a detached two-car garage located in the Floral Park neighborhood. HPPA No. 2005-06 - 1320 North Broadway. This structure is a two-story Craftsman style residence and a detached single-car garage located in the Willard neighborhood. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. All subj ect properties were placed on the local register and by the Historic Resources Commission (Exhibits I, 2, 3 and 4) . Upon consideration of the application, it is recommended that the City enter into Historic Property Preservation Agreement (Exhibits 5, 6, 7 and 8). A review of the subject properties indicate that these structures are in good/excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 25A-4 HPPA Nos. 2005-03 through 2005-06 August 4, 2005 Page 3 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ~ Assistant Planner II ~tXt~ Maya osa Senior Planner HS:JM hs\historic info\08040SHRCMillsActContracts.hrc 25A-5 EXECUTIVE SUMMARY GUSTLIN HOUSE 2033 North Greenleaf Street Santa Ana, CA 92706 NAME Gustlin House I REF. NO. ADDRESS 2033 North Greenleaf Street CITY Santa Ana ZIP I 92706 I ORANGE COUNTY YEAR BUlL T 1907 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT IN/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EV ALUA TION 11,3 CALIFORNIA REGISTER STATUS CODE ISSI Location: D Not for Publication ~ Umestricted D Prehistoric ~ Historic D Both ARCHITECTURAL STYLE: Prairie School (American Foursquare Variant) The Prairie School refers to a group of architects centered in Chicago at the beginning of the twentieth century. Primary amongst them was Frank Lloyd Wright, under whom Prairie School designs reached their apex. Echoing the uninterrupted horizontal lines of the American prairie, Prairie style homes-it was largely a domestic movement-are usually characterized by broadly pitched hipped roofs with deep overhangs; two stories in height, often with one story wings; front porches with massive porch roof supports; and detailing which emphasizes the horizontal. A common, vernacular interpretation of the type, sometimes referred to as the Prairie Box or the American Foursquare, is box-like in massing and plan, with hipped or gabled dormers, porches across all or a portion of the fayade, and detailing culled from the vocabularies of a variety of styles, including Mission Revival, Colonial Revival, and Craftsman. SUMMARY/CONCLUSION: The Gustlin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the American Foursquare variant of the Prairie Style. It also qualifies for the Register under Criterion 7, as a building that was connected with business or use that was once common, but is now rare, specifically, agriculture. Additionally, the house has been categorized as "Landmark" for its historical/cultural significance to the City of Santa Ana (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: · California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4,2001.) 1: It is associated with events that have made a significant contribution to the broad patterns oflocal or regional history, or the cultural heritage of California or the United States. 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. · California Register Status Code: (From California Office of Historic Preservation, December 8,2003.) 5S1: Individual property that is listed or designated locally. 2~~61 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page -.L of ~ Resource name(s) or number (assigned by recorder) Gustlin House P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *a. County Orange County *b. USGS 7.5' Quad TSA 0054 Date: July 7,2005 'c. Address 2033 North Greenleaf Street City Santa Ana Zip 92706 'e. Other Locational Data: Assessor's Parcel Number: 002 Block 112 Lot 42 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Box-like, two-story massing and a predominantly hipped roof identify this former farmhouse as an example of the American Foursquare genre. Gables intersect the hip roof on the front and north side elevations. Rafter tails and bargeboards feature carved ends. The body of the house is sheathed with narrow clapboard, while the gable ends are faced with vertical boards. A plain frieze board wraps the house beneath the gables, disappearing beneath the overhanging eaves. Spanning the fa9ade, an attached porch is covered by a shed roof, with a front gable over the north half marking the entry. Added in 2004, the porch is compatibly designed, with porch posts and brackets, a patterned stick railing, and latticework skirting the foundation indicating its more recent vintage. In addition to the entry, the porch shelters a large, tripartite window that is topped by a multi-light transom. Upper story fenestration consists of double-hung windows, arranged singly and in pairs. Attic windows are located in the gable ends. Molded lintels lend a slightly classical flavor to the window surrounds. A front- gabled garage, also added in 2004, sits in the rear of the property. Edged at the sidewalk by a non-original but compatible picket fence, the property is in excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property P5a. Photo *P4. Resources Present: -Building DStructure DObject DSite o District DElement of District DOther 1",:1' q ,r , t,~' *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. P5b. Photo: (view and date) West elevation May 2005 *P6. Date Constructed/Age and Sources: -historic 19071 Source: Owner *P7. Owner and Address: James R. and Louise A. Ferrell 2033 Greenleaf Street Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: May 12, 2005 *P10. Survey Type: Intensive Survey Update I *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) 25A~7 'Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUilDING, STRUCTURE, AND OBJECT RECORD Page ....2..... of ~ *CHR Status Code 5S1 *Resource Name or #: Gustlin House 81. Historic Name: Gustlin House 82. Common Name: Same 83. Original Use: Single-family Residence 84. Present Use: Single-family residence *85. Architectural Style: Prairie School (American Foursquare Variant) *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1907. April 28, 1927. Garage. September 10, 1931. Reroof. November 28, 1941. Repair fire damage. January 11, 1944. Alterations to residence. (See Continuation Sheet 3 of 4.) *87. Moved? -No DYes DUnknown Date: *88. Related Features: Original Location: Mature fruit trees. 89a. Architect: Unknown b. Builder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1886-1953 Property Type: Single-family Residence Applicable Criteria: NR: A, C; CR: 1, 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gustlin House is architecturally significant as a rehabilitated example of the American Foursquare genre popular during the late nineteenth and early twentieth centuries and historically significant as one of the few surviving farmhouses in Santa Ana in general and the Floral Park neighborhood in particular. It was built in 1907 by Abraham Gustlin, who moved to Santa Ana in 1901. Born in 1855 in Illinois and raised in Iowa, Gustlin worked on his father's farm, then labored as a boilermaker for various railroads before he and his wife Lovina relocated to California. They raised walnuts on their four-acre property on Greenleaf, where they built the third or fourth house on the street. Their son, Clarence, and later his wife, Velda, shared the (See Continuation Sheet 3 of 4.) 811. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) Sketch Map 813. Remarks: *814. Evaluator: Leslie J. Heumann ~~. ~. ..-. /:;:. t::./ . <' 1._.-, .~ . f-.J~' .... ......." '._~.,) ~ ~~ ~' _._,.~,_ -1 ~ '" " ~,: : ~'~ (2) r-, '-'j ~'+~'" .0 ~'.~/ (This space reserved for official comments.) l~) __.n : ~~' ..---, I':' _/ r' ~J r. . ;~ ~ - \~:.-' .~' (~:' I~~ *Date of Evaluation: May 12, 2005 1.}-0 ~-'-'~~"~"-, , (:'\ ~) rJ0 2033 N. Greenleaf Gustlin House DPR 5238 (1195) "Required information 25A~8 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI# Page ~ of~ *Recorded by Leslie J. Heumann Trinomial Resource Name or # (Assigned by recorder) Gustlin House *Date May 12,2005 [8] Continuation 0 Update *86. Construction History (continued): July 19, 1956. Add bedroom to residence. December 19, 1989. Reroof house and garage with tear-off. 2004. Build front porch, back porch, and garage; change bathroom window to glass block. *810. Significance (continued): home. An accomplished musician trained in Berlin and Florence, Clarence was variously listed in the city directories as a pianist, music teacher, and director of the Orange County Conservatory of Music at 816 North Main Street. Around 1916, Clarence and Velda moved to the Main Street address. Abraham Gustlin retired in 1920, and purchased the Taylor House at 427 Edgewood Road (now 2520 North Valencia Street), where he lived and continued to raise walnuts on one acre. He left his younger son, Walter, in residence at the ranch on Greenleaf. Walter and Evelyn Gustlin only lived on the property until 1925, during which time Walter held a number of jobs, including rancher, builder, and salesman. Between 1925 and 1952, the house apparently changed owners and occupants numerous times. During this period, Greenleaf Street also assumed its present appearance, mushrooming from an agricultural avenue with less than ten homes to a fully developed street of more than sixty residences by the end of the 1930s. Beginning in 1952 and continuing for the next 52 years, Gerould Smith owned the property. Initially listed in the city directories as a chemist with the Union Oil Company in Brea, Smith was subsequently a teacher at Santa Ana COllege. He occupied the house with his wife, Mary. The Gustlin House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange Countv Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. 'When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Oranae Countv Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI T oro Marine Base during World War 1/, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 1/ years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Gustlin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the American Foursquare variant of the Prairie Style. Notable in this regard are the hipped roof, box-like proportions, and details such as exposed rafters and classical window surrounds that are derived from the Craftsman and Colonial Revival styles, respectively. It also qualifies for the Register under Criterion 7, as a building that was connected with business or use that was once common, but is now rare, specifically, agriculture. Additionally, the house has been categorized as "Landmark" for its historical/cultural significance to the City of Santa Ana due to its association with Abraham Gustlin and the once common agricultural use. All original and restored exterior features of the Gustlin House are considered character-defining and should be preserved, including, but not limited to: materials and finishes; roof configuration and detailing; massing; windows and doors; bays; architectural details such as the frieze board, window surrounds, bargeboards, and rafter tails; and original landscape features such as fruit trees. DPR 523L 25A~9 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI# Page ~ of~ *Recorded by Leslie J. Heumann Trinomial Resource Name or # (Assigned by recorder) Gustlin House *Date May 12, 2005 [&] Continuation 0 Update *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclooedia. New York, WW Norion, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiff en, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. Armor, Samuel. Historv of Oranae County, Los Angeles: History Record Company, 1921. Page 997-998. "Builder of Honer Plaza Dies," Oranae County Reaister. September 15, 1981. Santa Ana and Orange County Directories, 1905-1979. DPR 523L 2SA~1 0 EXECUTIVE SUMMARY MCCLAIN HOUSE 2014 North Bush Street Santa Ana, CA 92701 NAME McClain House I REF. NO. ADDRESS 2014 North Bush Street CITY Santa Ana ZIP I 92706 I ORANGE COUNTY YEAR BUILT 1908 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/ A NEIGHBORHOOD I Santa Ana Triangle CALIFORNIA REGISTER CRITERIA FOR EV ALUA TION 13 CALIFORNIA REGISTER STATUS CODE 15Sl Location: 0 Not for Publication [8J Umestricted o Prehistoric [8J Historic o Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The McClain House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact and representative example of a Craftsman bungalow, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: · California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4,2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. 2U~~~ Primary I HRII State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page -1- of L Resource name(s) or number (assigned by recorder) McClain House P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *a. County Orange County *b. USGS 7.5' TCA 1725 Date: *c. Address 2014 North Bush Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 003-113-08; MAIN ST TR LOT 10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) A high degree of integrity characterizes this one and a half story Craftsman bungalow. Clad in medium clapboard, the house is capped by a side gable roof. Centered over the fayade, a large, shed-roofed dormer contains a band of three windows. Rafters are exposed in the eaves of the dormer and braces are visible in the gable ends. The lower portion of the roof over the fayade has a more shallow pitch than the upper section. Beneath it, a recessed front porch occupies the northern two bays of the three-bay fayade. The entry, with a typical, tapered, Craftsman surround, occupies the center bay while a pair of double-hung windows overlook the porch. An 'X" patterned railing and clapboard covered piers define the porch space. The south bay contains a band of three double-hung sash windows. Other features of the design include an interior brick chimney that appears to have been rebuilt and a row of purlins in the gable face, both visible on the south elevation. No major alterations were noted from the street, although the wood shingle roof has been replaced and the rafter tails may have been cut off to accommodate a gutter. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: -Building DStructure DObject DSite o District DElement of District DOther P5a. Photo *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. P5b. Photo: (view and date) East elevation March 2004 *P6. Date Constructed/Age and Sources: -historic 190B/Source: Owner *P7. Owner and Address: Donald A. Nelson 2014 Norh Bush Street Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: April 21, 2004 *P10. Survey Type: Intensive SUNey *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record o Rock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) 25A~12 *Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUilDING, STRUCTURE, AND OBJECT RECORD Page ~ of -L *CHR Status Code 5S1 *Resource Name or #: McClain House B1. Historic Name: McClain House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *85. Architectural Style: Bungalow/Craftsman *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1908. January 10, 1921. Alter residence. April 7, 1933. Rebuilt two brick flues. September 24, 1936. Reroof. March 3, 1983. Convert portion of bedroom to bath. May 31, 1994. Reroof house only, with tear off. *87. Moved? -No DYes DUnknown Date: *88. Related Features: Original Location: None. B9a. Architect: Unknown b. Builder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The McClain House is architecturally significant as an intact and representative example of a one-story Craftsman bungalow. According to the current (2004) owner, Donald Alan Nelson, it was constructed between January and July of 1908, and an improvement was first assessed on the property in July 1908. The first listing in the city directories occurred in the 1910 edition, when William H. and Edna McClain were the residents. Mr. McClain worked as a clerk with the Griffith Lumber Company. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps B13. Remarks: McClain House 2014 North Bush Street STReET (See Continuation Sheet 3 of 3.) Sketch Map *814. Evaluator: Leslie J. Heumann ...~ *Date of Evaluation: April 21, 2004 I I ::D I (~) I I ;.; (:~\ ( ,f-:\ I' .Q .....d./ \:..,.' \" ~./ I ! I Ic); I '.. .~ '. (This space reserved for official comments.) In' " J j @I :@ ::: ~ I I - TRACT Q J c-. -.a-u I ~O. I ~ 011" DPR 5238 (1195) *Required information 25A413 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page -L of -L Resource Name or # (Assigned by recorder) McClain House "Recorded by Leslie J. Heumann, SAIC "Date April 21, 2004 [RJ Continuation 0 Update *810. Significance (continued): The McClain House is located in an area north of the original core of Santa Ana and which is now known as the Santa Ana Triangle neighborhood. Bordered by East Santa Clara Avenue on the north, East Seventeenth Street on the south, Interstate 5 on the east and the east side of North Main Street on the west, this neighborhood was initially developed between 1905 and 1910. In 1905, the city directories listed only two residences on Bush Street north of Seventeenth (1901 and 2073), several homes on Main Street which appeared to be primarily on the west side, and no houses on either Spurgeon or French Streets north of Seventeenth. By 1911, the directories indicated that over two dozen homes were occupied on North Bush Street alone. This pattern of development is illustrated in the 1912 plat book, which mapped the lots of the Main Street Tract and the Piley Addition on these streets, in marked contrast to the large agricultural holdings of the adjacent Park Santiago neighborhood. The McClain House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a bungalow with the distinguishing characteristics ofthe Craftsman style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact and representative example of a Craftsman bungalow, ''is a good example of period architecture." The bungalow incorporates the horizontal emphasis, redwood construction, front porch, and architectural detailing typical of the Craftsman style. It possesses a high degree of integrity on both the exterior and interior, including original cabinets and a "California Cooler" in the kitchen. Character- defining exterior features of the McClain House that should be preserved include, but may not be limited to: siding (clapboard) and materials (brick); roof configuration and detailing; massing; windows and doors; porch configuration and detailing; brick chimney; and architectural details (such as the window and door surrounds, porch railing, roof braces, and pur/ins). *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1901-1911. DPR 523L 25Ar14 EXECUTIVE SUMMARY BULPITT HOUSE 1719 North Heliotrope Drive Santa Ana, CA 92706 NAME Bulpitt House I REF. NO. ADDRESS 1719 North Heliotrope Drive CITY Santa Ana ZIP I 92706 I ORANGE COUNTY YEAR BUILT 1935 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT IN/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EV ALUA TION I 3 CALIFORNIA REGISTER STATUS CODE 13S Location: 0 Not for Publication [gJ Unrestricted o Prehistoric [gJ Historic o Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows ofleaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late nineteenth century, the Tudor Revival was associated with some Craftsman era construction but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The Bulpitt House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as one of the best examples of the Tudor Revival style in Santa Ana (Municipal Code, Section 30- 2.2). EXPLANATION OF CODES: · California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4,2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. · California Register Status Code: (From California Office of Historic Preservation, December 8,2003.) 3S: Appears eligible for the National Register as an individual property through survey evaluation. 2trfs State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page -L of -L Resource name(s) or number (assigned by recorder) Bulpitt House Pl. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *a. County Orange County *b. USGS 7.5' Quad Date: July 7,2005 *c. Address 1719 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 Block: 092 Lot: 14 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Located on a double lot at the south end of North Heliotrope Drive, this two-story residence is a remarkable example of the Tudor Revival style. Sheathed in stucco, the house is topped by steeply pitched, cross-gabled roof covered in heavy shakes. Hip-roofed dormers and tall, brick double chimneys add to complexity of the roofline. Decorative half-timbering and areas of randomly laid rock and brick embellish the exterior surfaces. The house is asymmetrically composed, with a two-story, front- gabled projecting wing towards the south end of the fagade. The north rake of the front gable extends in a long, unbroken line nearly to the ground while the south rake is interrupted in two places. An oriel window of copper and diamond-paned leaded glass accents the center of the front gable face. The lower story contains a triple casement window and a single casement window, both also glazed with diamond-paned leaded glass and flanked by shutters. Elevated three steps above ground level, the entry is recessed within a vestibule. The opening features a molded surround, has a segmental arch head, and is enhanced by a label molding and heraldic shields. The paneled wood door is also arched. North of the entry wing, the (See Continuation Sheet 3 of 3,) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: -Building DStructure DObject DSite o District DElement of District DOther P5a. Photo P5b. Photo: (view and date) South and west elevations May 2005 *P6. Date Constructed/Age and Sources: -historic 1935/Source: 'qity of Santa Ana Building Permit . *P7. Owner and Address: *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: May 12, 2005 t.--.. *Pl0. Survey Type: Intensive Survey Update _., *Pll. Report Citation: (Cite survey report and other sources, or enter "none") None, *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) Required information 25A416 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUilDING, STRUCTURE, AND OBJECT RECORD Page ~ of ~ *NRHP Status Code 3S *Resource Name or #: Bulpitt House 81. Historic Name: Bulpitt House 82. Common Name: Same 83. Original Use: Single-family Residence 84. Present Use: Single-family residence *85. Architectural Style: Tudor Revival *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1935. July 5, 1935. Residence and garage. August 14, 1952. Addition and alteration to residence. August 2, 2004. Reroof with shake shingles. *87. Moved? -No DYes DUnknown Date: *88. Related Features: Original Location: Garage, mature trees. 89a. Architect: Unknown b. 8uilder: Original house: unknown; 1952: Alison Honer *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Bulpitt House is architecturally significant as an outstanding example of the Tudor Revival style. The house and garage were built in 1935 for John N. Bullpitt, and were valued at $8,500 at the time. Both John Bulpitt and his wife, Zoe Nightingale Bulpitt, were physicians. They met at school, and settled in Santa Ana in 1923. Dr. John Bulpitt was known for his work with tuberculosis, while Dr. Zoe Bulpitt specialized in obstetrics, gynecology, and urology. Their offices were located at 1415 North Broadway. According to the building permit files, the Bulpitts still owned the house in the 1950s. (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (This space reserved for official comments.) Sketch Map ! . 1.3111>' III ir @ i @ ~ ---iO-~--- :: (;) iI iI II @ (See Continuation Sheet 3 of 3.) 813. Remarks: *814. Evaluator: Leslie J. Heumann *Date of Evaluation: May 12,2005 II ; ~ ".;:;.-"--- 1719 N Heliotrope 8ulpitt House CPR 5238 (1/95) *Required information 25A4'17 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page ~ of ~ Resource Name or # (Assigned by recorder) Bulpitt House *Recorded by Leslie J. Heumann *Date May 12,2005 IRI Continuation 0 Update *P3a. Description (continued): fagade is dominated by a rock and brick clad section that contains an arched opening for another diamond -paned window and a small wood door with prominent iron strap hinges, presumably for firewood. South of the entry wing, a side-gabled porte cochere extends over the driveway. Through it, a side-gabled garage is visible. Other than the replacement of the garage doors, the house appears to be substantially unaltered. A large magnolia tree shades the front lawn. *810. Significance (continued): The Bulpitt House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. 'When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Reaister, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War /I, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War /I years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Bulpitt House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. The design offers a virtual catalog of features associated with the style. It is picturesque and suggestive of home in the medieval English countryside, complete with cottage-like windows, a Gothic-inspired entry, and multiple chimneys. The house also contributes to the historic character of Floral Park through its age, style, scale, and historic association with members of the local professional community. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as one of the best examples of the Tudor Revival style in Santa Ana. All original and restored exterior features of the Bulpitt House are considered character-defining and should be preserved, including, but not limited to: materials and finishes; roof configuration, materials, and detailing; massing; windows and doors; dormers; bays; chimneys; architectural details such as half-timbering, label molding and shields, lighting, etc.); porte cochere; garage; and original landscape features such as the magnolia tree. *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann, Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiff en, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Oranae Countv Reaister, September 15, 1981. "History of Floral Park." http.J/www.f1oral-park.com/page2.html Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Includina Bioloaical Sketches of Leadina Citizens, Volume I. Whittier, Historical Publishers, 1963 Ball, C. D. Oranae Countv Medical History. Santa Ana: A. G. Flagg, 1926. Santa Ana and Orange County Directories 1935-1956. CPR 523L 25 ^ -18 ~4 NAME Weissman-Flagg House I REF. NO. 61 ADDRESS 1320 North Broadway CITY Santa Ana ZIP I 92706 I ORANGE COUNTY YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I NEIGHBORHOOD I Willard NATIONAL REGISTER CRITERIA FOR EV ALUA TION I B,C NATIONAL REGISTER STATUS CODE 15S1 Location: D Not for Publication o Unrestricted USGS 7.5" Quad Date: T R of of Sec B.M. D Prehistoric o Historic D Both ARCHITECTURAL STYLE: Bungalow/Craftsman DESCRIPTlON/BACKGROUND RELATED TO PERIOD ARCHITECTURE: Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by the Craftsman (magazine) and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizonta1lines, which reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low-pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. cmlhistoricltemplateslBroadway 1320 N 5/11101 Page 1 of 4 2~)fE~'9 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) December 10, 1945: Convert residence into rest home July 16, 1946: Rear stair to residence December 3, 1959: Enlarge kitchen RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None noted. DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) This one and a half-story Craftsman house has many details that are typical of its style. Rectangular in plan, the house has a side gable roof with projecting gable dormers. The roof displays exposed rafter tails, decorative brackets, verge boards and bracing in the gable ends. The half-width covered front porch has battered porch posts with a sawn balustrade rail. The house is clad in horizontal wood board siding with a stone foundation, and the primary window type is double hung wood sash with simple surrounds and shutters (a latter addition). Visible alterations include several aluminum sliding sash windows, as well as a rear second floor balcony addition. The house is in excellent condition, and retains good integrity. HISTORIC HIGHLIGHTS: Constructed in 1911, this house was originally owned by the Weissman family, prominent local merchants. It was purchased around 1917 by the Kredels (Les). By 1924, Alvernis and Nora Flagg owned the house and began the fIrst of many years of residence. Alvernis Flagg was the proprietor of the Flagg Printing Company, a fIxture of the Santa Ana business scene for over fIfty years. Ownership information reflects that the Flaggs no longer reside at this address. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 ofInstructions for Recording Historical Resources, Office of Historic Preservation.) HP2. Single-family property cmlhistoricltemplateslBroadway 1320 N 5/11/01 Page 2 of 4 25A-20 RESOURCES PRESENT: r8J Building D Structure D Object D Site D District D Element of District D Other MOVED? r8J No DYes D Unknown Date: Original Location: STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defmed by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing through the first three decades of the 20th century, Broadway emerged as a prominent residential corridor and was eventually lined by comfortably scaled homes shaded by rows of street trees. The house is locally significant as a very well articulated example of residential Craftsman architecture, retaining sufficient integrity to convey its original style and period of construction. It is also historically noteworthy for its association with the Weissman and the Flagg families. Character-defming exterior features of the house which should be preserved include, but are not limited to: roof configuration and detailing (verge boards, brackets, stickwork, rafter tails, latticework); stone and wood exterior cladding; porch configuration and posts; and original fenestration where extant. SUMMARY/CONCLUSION: This property is currently listed in the Santa Ana Register of Historical Property. The Weissman-Flagg House has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the Craftsman style, which was highly influential during the first quarter of the twentieth century and, as the home of the Weissmans and then the Flaggs, "is associated with a significant person or event in the City of Santa Ana" (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: Mr. James Scott/Mrs. Alberta Scott P.O. Box 4465 Palm Springs, CA 92263 cmlhistoricltemplateslBroadway 1320 N 5/11/01 Page 3 of4 25A-21 RECORDED BY: (Name, affiliation, and address) Leslie Heumann & Liz Carter Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: April 9, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) City of Santa Ana. Santa Ana's Historic Treasures. Les, Kathleen. Historic Resources Inventory 1320 N. Broadway, May 1980. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Department of the Interior, 1991. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Santa Ana's Historic Treasures" EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: April 9, 2001 EXPLANATION OF CODES: · National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) B: that are associated with the lives of persons significant in our past. C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. · National Register Status Code: (From Appendix 2 ofInstructions for Recording Historical Resources, Office of Historic Preservation) 5S1: Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. cm\historicltemplateslBroadway 1320 N 5/11/01 Page 4 of 4 25A-22 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE S6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this September 5, 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and James R. and Louise A. Ferrell, (hereinafter referred to as "Owners"), owners of real property located at 2033 North Greenleaf Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2033 North Greenleaf Street, Santa Ana, CA, 927063 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 2~!23 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter I, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 ofthe California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 5, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 25A-24 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. - 3 - 25A-25 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement ifit determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 12) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provIsIOns to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by - 4 - 25A-26 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2033 North Greenleaf Street, Assessor Parcel Number, 002-112-42, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owners: James R. and Louise A. Ferrell 2033 North Greenleaf Street Santa Ana, CA 92706 - 5 - 25A-27 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason ofthe Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the prOVISIOns of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 2rsA-28 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk ofthe Council DAVID N. REAM City Manager PROPERTY OWNERS Date: By: James R. Ferrell Date: By: Louise A. Ferrell APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney 25A-29 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 Exhibit A That portion of the southeast quarter of Section 1, Township 5 south, range 10 west, S.B.M. & M., described as follows: Beginning at the northwest corner of the land described in the deed from Abraham Gustlin and wife to Frank Good and wife, recorded May 19th 1927 in Book 45 page 269 of official records; thence easterly along the northerly line of the land described in said deed 168.40 feet to the westerly line of "Tract No. 788, Walnut Drive", as shown on a map recorded in Book 23 page 49 of Miscellaneous maps, records of Orange County, California; thence northerly along westerly line, 59.72 feet, more or less, to the southerly line of the land described as parcel 2 in the deed from Abraham Gustlin and his wife to May Philson and others, recorded December 18, 1928 in Book 232 Page 4 of official records; thence westerly along said southerly line 168.40 feet to the easterly line of Greenleaf Street; thence southerly along the easterly line of Greenleaf Street 60, feet more or less, to the point of beginning. Assessor Parcel No. 002-112-42 2~A-30 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 25A-31 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 10- 25A-32 Exhibit C (photographs attached) MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 8 Front elevation with six over six double hung windows ..7 ",,': - 11 - 25A-33 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 - 12 - 25A-34 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 - 13 - 25A-35 D.. <(- ~ 1 b o Z - ~ o I-------------------~ ~ I <( - g 0) ~ ~ I C\I - o I I- - ~ o Q I ~ ::E: \:J b - a: D.. 8 ~I ~ ~ 0 - 00 <( \::J I ~ W - UJ ~ > l-lz Z ~ - UJ W ~ I UJ W a: - a: a: C I (!J ~ - ::E: I--------------------L 1-- ~I z- ('1)1 ('I) o C\I I @-+ z 25A-36 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE g6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this September 5, 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Donald A. Nelson, (hereinafter referred to as "Owners"), owners of real property located at 2014 North Bush Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2014 North Bush Street, Santa Ana, CA, 927063 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -2g~!3 7 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 5, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner ofnonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance ofthe term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 25A-38 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. - 3 - 25A-39 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement ifit determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ~) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any prOVlSlons to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach ofthis Agreement. No waiver by 25A-40 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2014 North Bush Street, Assessor Parcel Number, 003-113-08, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owners: Donald A. Nelson 2014 North Bush STreet Santa Ana, CA 92706 - 5 - 25A-41 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason ofthe Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the proVIsIOns of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. ~SA-42 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIAE. HEALY Clerk of the Council DAVID N. REAM City Manager PROPERTY OWNER Date: H / ~ dOO,so BY.av##~. Donald A. Nelson APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney 7(/3/00 before me, rA1i!H E Ai A,(,tl( E(.,c;tj/JE Z. (NOTARY) I}. AJ E LSO,J ___ SIGNER(S) ALL-PURPOSE ACKNOWLEDGMENT State of California County of ([)aA-1'\.r~6 On l"J"l< (..~ ( '3 ~-o5 (DATE)' personally appeared h 0 Ut4-LfJ D personally known to me - OR - X.CARMEN M. MElENDEZ( - Camm. # 1473747 U) NOTARY PUBLIC. CALIFORNIA (J) Orange County - My Comm. Expires March 2, 2008 ... ~~~ -4-nw-t:~-dtJ }ss j(J proved to me on the basis of satisfactory ('--'o{j evidence to be the person(~ose name(~ is/~bscribed to the within instrument and acknowledged ~ that ~/t~ecuted the same i~/~authorized capacity(~ and that by his/~ signatures(~n the instrument the person(~ or the entity upon behalf of which the person(~cted, executed the instrument. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) D INDIVIDUAL D CORPORATE OFFICER TlTLE(S) D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(!ES) APA 5199 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER !!' Q) ..c: :s; C. .0 E :J ;; "5 Q, ~ VALLEym ~44369 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 Exhibit A Lot 10 of the Main Street Tract, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 3 Page 20 of Miscellaneous Maps, in the Office of the County Recorder of said County. Assessor Parcel No. 003-113-08 - 8 - 25A-45 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary ofthe Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conj ectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 25A-46 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 10- 25A-47 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 Exhibit C (photographs attached) - 11 - 25A-48 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 - ~5A-49 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 - 13 - 25A-50 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 - ~5A-51 D.. <C · :E z o - .... <C o o ..J o .... o J: · D.. >1 .... ll. w =1 W<x tt: · .... en J: en :J m J: . .... tt: o Z ~ ~ o N 1 . 1 . 1 --------------------- . . 1 . 1 o o "<t ...... e e e 1 . 1 . 1 .- · w I~ 8 ~i ~ Lt). I 100 ::::) CO I i cr i · e · ~._._._._._._._._._.! 1 . 1 ~t 25A-52 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE S6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this September 5, 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Sterling B. Mutz, Trustee of Sterling B. Mutz Separate Property Trust and Jane Tuckey, Trustee of the Successor Trustees, of the Jane Tuckey Revocable Trust dated October 8, 1986, (hereinafter referred to as "Owners"), owners of real property located at 1719 North Heliotrope Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1719 North Heliotrope Drive, Santa Ana, CA, 927063 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new z51JlB~s3 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 5, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 25A-54 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing ofthe historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. - 3 - 25A-55 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1'2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any prOVISIons to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are -4- 25A-56 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1719 North Heliotrope Drive, Assessor Parcel Number, 002-092-14, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owners: Sterling B. Mutz, Trustee of Sterling B. Mutz Separate Property Trust and Jane Tuckey, Trustee of the Successor Trustees, of the Jane Tuckey Revocable Trust dated October 8, 1986 2033 North Greenleaf Street Santa Ana, CA 92706 - 5 - 25A-57 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restnctlOns contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation oflaw on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the prOVlSlons of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. - 6 - 25A-58 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager PROPERTY OWNERS Date: By: Sterling B. Mutz, Trustee Date: By: Jane Tuckey, Trustee APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 7 - 25A-59 MILLS ACT A GREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A Lots 15 and 16 in Floral Park, Tract 748, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 30, pate 9 of the Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 002-092-14 - 8 - 25A-60 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with - 9 - 25A-61 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 10 - 25A-62 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 Exhibit C (photographs attached) ~ - 11 - 25A-63 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 - 12 - 25A-64 a.. <C. ~ 1 ~ Z · ~ o I._._._._._._._._._.~ ~ I <C · (J o ...J o I- o :I: a.. w a.. o ~ I- o - ...J W :I: :I: I- ~ r.-.-.-.-.-.-.-.-.-.- Z. 0)1 ~ t-- ~ I . c)l ~ ~; lS · w I a.. · 0 I g: · 0 I -.J . w I I . ~+ 25A-65 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE g6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this September 5, 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Ernestine Vasquez, (hereinafter referred to as "Owners"), owners of real property located at 1320 North BroadwaySanta Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1320 North Broadway, Santa Ana, CA, 927063 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. t~~6~ MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 5, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date ofthe Agreement, withdraw its notice to the Owner ofnonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 25A-67 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 25A-68 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 12) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provlSlons to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 25A-69 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1320 North Broadway, Assessor Parcel Number, 398-522-15, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owners: Ernestine Vasquez 1320 North Broadway Santa Ana, CA 92706 - 5 - 25A-70 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the prOVlSlons of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. - 6 - 25A-71 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager PROPERTY OWNERS Date: By: Ernestine Vasquez APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 7 - 25A-72 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 Exhibit A Lot 3 of "W.W. Halesworth's Second Addition to the Town of Santa Ana", in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 25, page(s) 91, of Miscellaneous Records of Los Angeles County. Assessor Parcel No. 398-522-15 - 8 - 25A-73 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with - 9 - 25A-74 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 10 - 25A-75 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 Exhibit C (photographs attached) - 11 - 25A-76 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 - 12 - 25A-77 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 - 13 - 25A-78 a.. <C- :e:1 z- o - .... <C o o ..J - o 1 .... - o I~ ~ - $ a.. e 8 01 0 >-~' , ~- ~ L!)I 0 ~ i ~ c - <C 1 o - ~ 1 In 8 8 - ~ r---------------_._.J ..... ~I z. 01 N M ~ o L!) 0'> I'-- ...... . 8 e 1 . 1 I f- 0:: o Z 25A-79 ) 25A-80 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: APPROVED MAINTENANCE AND SERVICE OF UNDERGROUND FUEL TANKS AGREEMENT AMENDMENT {J~~~ 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to amend the agreement with Pacific System Electric for the maintenance and service of underground fuel storage tanks for an additional $16,294.54 for a total aggregate amount not to exceed $36,139.54. DISCUSSION In November 2004, the City Council approved an annual agreement with Pacific System Electric for the preventive maintenance for the City's underground fuel storage tanks. The tanks are located at the Police Building site, the Corporation Yard, and the Fire Department's Stations #1, #4 and #5. Preventive maintenance, which is required by the State of California, Water Resources Control Board consists of a visual inspection of the underground storage tanks of at least once a month by a certified technician. It also includes a review of the alarm history, paper work documentation, and employee training. However, adoption of Senate Bill 989 now requires testing of the underground storage tanks secondary containment enclosure. Testing will be required every three years. In addition to the testing, the agreement amendment will also include upgrades to the controls system of the Police Department's underground tanks. The recommended action will ensure compliance with the new regulations. 258-1 Pacific System Electric Amendment September 6, 2005 Page 2 FISCAL IMPACT Funds are available in the Police, Fire and Finance Department Fund, Maintenance and Repair Machinery and Equipment account (11-350-6291), (11- 327-6291), (73-105-6291). unJ.7 and Accounts: &U.eA.~J rancisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~ 258-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 APPROVED TITLE: AGREEMENT RENEWAL FOR POLICE SERVICE DOG TRAINING, EQUIPMENT, .AND REPLACEMENT o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For r{;((! ~ Q /.a. C Y 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 renew the agreement with Adlerhorst International, Inc. for specialized canine training and equipment replacement services for a one-year period in an amount not to exceed $39,400. DISCUSSION Adlerhorst International, Inc. has been the City's exclusive provider and trainer of police service dogs since 1982. Adlerhorst International is a nationally recognized company known for its experience and expertise in the selection, testing, and training of police service dogs. The Police Department currently has five police service dogs that were purchased from and trained by Adlerhorst. Staff recommends the renewal of the agreement for consistency and efficiency in the operations of the canine unit. FISCAL IMPACT Funds are available in the Police Canine Program accounts (account no. 024- 339-various) . APPROVED AS TO FUNDS AND ACCOUNTS: ;, \ ) , -- -.\2~tv.:, \.~ l~~- Paul M. Walters Chief of Police Police Department '::\-~~~. ~l'u ~ ~----:.... Francisco Gutierrez Executive Director Finance & Mgmt. Services AgenC~ 25C-1 25C-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 APPROVED TITLE: "f\0 Q~~a-- CITY MANAGER 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 RENEWAL FOR COMPUTER AIDED DISPATCH SYSTEM MAINTENANCE CONTINUED TO -' FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to renew the agreement with Northrop Grumman Public Safety, Inc. to provide basic software maintenance and support for the Police Department's computer aided dispatch system in an annual amount not to exceed $71,000. DISCUSSION The City of Santa Ana Police Department entered into a one-year maintenance agreement with four one-year renewal options with Northrop Grumman Public Safety, Inc. (PSI) in September 2003 to provide maintenance services for computer software and equipment for the Computer Aided Dispatch (CAD) system. The CAD is the primary data communication tool for exchanging information between police dispatchers and patrol officers who provide emergency response to our community. The ability to continue to provide specialized maintenance on this system is critical to the overall effectiveness of police service. The PSI software is proprietary and can only be serviced by Northrop Grumman Public Safety, Inc. Police Department staff recommends the second renewal of the agreement for continued maintenance, upgrades, and support for the CAD software. The annual amount of $71,000 represents a 7 percent increase over the previous term. FISCAL IMPACT Funds are available in the Contractual Services account Police Department's Computer (account no. 011-338-6291). Services Other APPROVED AS TO FUNDS AND ACCOUNTS: ~~L~ ~l J~ Paul M. Walters Chief of Police Police Department '\~~ \. ~ ~"> \\. ~.~ ~ -If"" Francisco Gutierrez ~ Executive Director Finance & Mgmt. Services Agency 250-1 250-2 CITY COUNCIL MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION SEPTEMBER 6, 2005 APPROVED TITLE: aAa~ CITY MANAGER 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 AGREEMENT FOR POLICE JAIL MANAGEMENT SYSTEM CONTINUED TO "V;,; 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 CompuDyne Inc. for the maintenance and repair of the Santa Ana Police Jail Management System, extending the term of the agreement for an additional year in an amount not to exceed $42,000. DISCUSSION On September 2, 2003, the City of Santa Ana entered into an agreement with Tiburon, Inc. to provide services and maintenance for the Jail Management System (JMS). In 2005, Tiburon changed its name from Tiburon Inc. to CompuDyne - Public Safety & Justice Inc. The JMS is utilized to book and track inmates at the Santa Ana Jail facility. The JMS software is proprietary and can only be serviced by CompuDyne. This amendment provides for continued software and hardware maintenance and support. FISCAL IMPACT Funds are available in the Police Department's Computer Services Other Contractual Services account (account no. 011-338-6291). APPROVED AS TO FUNDS AND ACCOUNTS: k~Ll0- Paul M. Walters Chief of Police Police Department ~~~J.J ~~J Francisco Gutierrez Executive Director Finance & Mgmt. Services Agenc~,r 25E-1 25E-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: APPROVED /'f't;j a~~~ ITY MANAGER o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For DONATION FOR POLICE CANINE CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve an appropriation adjustment recognizing a donation from the Hizar family in the amount of $11,300 in the Police Special Revenue Fund, Canine Program account (account no. 24-01-5798-339) and appropriate same into the Canine Program Animals expenditure account (account no. 024-339-6691) for the purchase of one police canine and related training. DISCUSSION The Police Department has been offered a donation in the amount of $11,300 by local residents, Mr. and Mrs. Bill Hizar, to be used for the purchase and training of a police canine. The Canine Unit currently includes five police dogs. The Hizar's generous donation will pay for the purchase of a new canine and the academy class cost for the handler and dog. FISCAL IMPACT Approval Revenue $11,300, (account of the Appropriation Adjustment will increase the Police Special Fund, Canine Program account (account no. 24-01-5798-339) by and appropriate same into the Canine Program Animals account no. 024-339-6691). APPROVED AS TO FUNDS AND ACCOUNTS: '/ ". ("'\ . " \ 'I - J L,-~ IJ-l:---';"'" . Paul M. Walters Chief of Police Police Department '\: \\t'.. ~S'. \ 'M'i) '1\ .~ Francisco Gutierrez Executive Director Finance & Mgmt. Services /' Agenc'!.!JI 29A-1 29A-2 REQUEST FOR COUNCIL ACTION ~ ~taJ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: CONDITIONAL USE PERMIT NO. 2005-21 AND MODIFICATION OF VARIANCE NO. 1995-09 TO ALLOW DRIVE THROUGH WINDOW SERVICE AND A REDUCTION IN PARKING AT 3770 WEST MCFADDEN AVENUE - RIO VISTA WEST, LLC, APPLIC~.! ~ ~ ~a~ 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 CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2005-21 as conditioned and modification to Variance No. 1995-09 as conditioned. PLANNING COMMISSION ACTION On August 8, 2005, the Planning Commission approved and adopted the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-251, adopted a resolution approving Conditional Use Permit No. 2005-21 as conditioned and adopted a resolution approving the modification to Variance No. 1995-09 as conditioned by a vote of 6:0 (Leo absent) to allow drive-through window service and a reduction in parking in the North Harbor Specific Plan (SP2) zoning district at 3770 West McFadden Avenue (Exhibit A). The Planning Commission added a condition to replace all dead or underdeveloped plants, trees, and groundcover within the existing shopping center. Additionally, staff was directed to work with the applicant in adding a landscape treatment to the southerly wall of the site and to evaluate spillover lighting along the rear of the parking lot, which could negatively impact residents to the south. FISCAL IMPACT There is no fiscal impact associated with this action. /,-- //'-1 M. Trevino \Exe utive Director Panning & Building Agency VC:rb vc\reports\cup05-21-var95-09.cc 31A-1 REQUEST FOR Planning Commission Action ~"~-"" / \ ~Iil..~~. / -t\ULaLJon 1 - ~ .~.'.". "i, , .~ 0- , .., ,... PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: AUGUST 8, 2005 TITLE: PUBLIC HEARING - FILED BY RIO VISTA WEST, LLC FOR CONDITIONAL USE PERMIT NO. 2005- 21 AND MODIFICATION OF VARIANCE NO. 1995- 09 TO ALLOW DRIVE THROUGH WINDOW SERVICE AND A REDUCTION IN PARKING AT 3770 WEST MCFADDEN AVENUE Prepared by Verny Carvaj al APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO (~~tive Director I ~ ~ ~-~ Planning Man er -j-L RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-251. 2. Adopt a resolution approving Conditional Use Permit No. 2005-21 as conditioned. 3. Adopt a resolution approving the modification to Variance No. 1995- 09 as conditioned. DISCUSSION Request of Applicant Rio Vista West, LLC is requesting approval of a conditional use permit to allow drive-though window service and the modification of an existing parking variance to allow the construction of two new restaurant pads at 3770 West McFadden Avenue. Property Description The property is an II-acre, rectangular shaped parcel located at the southeast corner of Harbor Boulevard and McFadden Avenue. The site is located within the North Harbor Specific Plan (SP-2) zoning district and has a General Plan designation of General Commercial (GC). Surrounding uses include commercial, retail and a school to the north, single-family residential to the south, and commercial uses to the east and west (Exhibits 1 and 2) . EXHIBIT A 31A-2 Conditional Use Permit No. 2005-21 Variance No. 1995-09 August 8, 2005 Page 2 The Riverview West parcels containing leasable square feet large anchor tenant, feet of retail space site. Parking for tenant, with a total Marketplace lS comprised of five separate legal nine building pads with approximately 135,000 of retail space that was constructed in 1995. A Wal-Mart, occupies an additional 134,000 square on a separate parcel to the east of the proj ect the development site is shared with the anchor of 1,324 parking spaces provided. Project Description The applicant proposes to construct a 1,750 square foot Starbucks drive- through restaurant along Harbor Boulevard between Buildings Hand J and a 4,000 square foot sit-down restaurant pad along McFadden Avenue between Buildings Land K. In conjunction with the new restaurant construction, the applicant is requesting a conditional use permit to allow drive- through window service for the proposed Starbucks restaurant. As required by code, an 80-foot separation between the pick-up window and the order board and another 80-foot separation between the order board and the entrance to the drive-through lane has been provided (Exhibits 3, 4, 5, 6 and 7) . Additionally, the applicant is requesting approval of a variance from Section 41-1341 to allow a reduction in required parking for the two proposed building pads. An amendment to an existing variance approved in 1995 is requested in order allow for an 11 percent (157 parking spaces) reduction, as the original variance allowed for only a seven percent parking reduction. Analysis of the Issues Drive-Through Window Service Drive-through window service lS considered a critical operational component of a quick serve restaurant according to this applicant. The conditional use permit has been reviewed based on the criteria established by the City and has been found to be consistent with the operational standards for drive-through establishments. To avoid impact to the health, safety and general welfare of persons working or residing in the area, numerous mitigation measures have been incorporated into this project. The existing on-site circulation system has been designed to avoid conflicts between vehicles in the parking area and the drive- through lane. Also, the ability for cars to stack onto Harbor Boulevard or McFadden Avenue has been eliminated through the location and design of the proposed stacking lane. 31A-3 Conditional Use Permit No. 2005-21 Variance No. 1995-09 August 81 2005 Page 3 Parking Variance To assist in the development of a successful retail center I a revision to the parking variance approved in 1995 is being requested by the applicant. In 1995, a seven percent (95 parking spaces) reduction was approved. The applicant is requesting an additional 5/750 square feet of retail area resulting in a greater parking demand of 56 spaces. Based on the Cityls code requirements, a total of 1/479 parking spaces will be required for the retail center I including the proposed dri ve- through and sit-down restaurant pads. A total of 1/324 spaces are provided. A deficiency of 157 parking spaces is the result. This request would equate to an 11 percent reduction of parking. In order to analyze whether the existing parking count would be adequate to support the proposed expansion, a parking analysis was prepared for the project by Douglas MacPhersonl a registered traffic engineer. The Shared Parking Analysis for the Riverview West Marketplace provides an analysis of the parking demand based on the different activity patterns and uses within the center. It reviewed the Cityls parking requirement for retail and restaurant uses and proposed an al ternati ve demand based on other parking generation factors and/or actual parking usage. Two methodologies were used while conducting the parking analysis. The first methodology was the Urban Land Institute (ULI) shared parking concept (Tables 1 and 2) and the second combined actual parking lot counts for the existing land uses plus the proposed land uses per the actual code requirements (Tables 3, 4 and 5) Both methodologies concluded that sufficient parking was provided to meet the peak parking demands of the shopping center. The study found that the existing 1,324 parking spaces available wi thin the Riverview West Marketplace are sufficient to accommodate future parking demand (Exhibit 8). The variance modification will allow two new buildings in underutilized areas of the shopping center that will benefit the community by providing an increased level of service to individuals who live and work in the area. This new development will facilitate the revitalization of the North Harbor areal as per the goals established within the North Harbor Specific Plan. As a result, based on the analysis of the project and the project's compatibility with the City's General Plan and applicable development standards I approval is recommended for Conditional Use Permit No. 2005-21 and modification to Variance No. 1995-09 as conditioned (Exhibits 9 and 10) 31A-4 Conditional Use Permit No. 2005-21 Variance No. 1995-09 August 8, 2005 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration Environmental Review No. 2004-251 has been prepared for this project (Exhibit 11). The Negative Declaration was available for public review from July 29, 2005 through August 17, 2005. The mitigation monitoring program is contained as a condition of approval and has been attached as Exhibit 10 in this report. ~. ~.c::- 7..... Verny Carvajal Associate Planner CP VC:JM vc\reports\cupOS-21-var9s-09.pc 31A-5 ~ :'------) A1 '\ i' 1_-',---,:1 Rl_ ~~ \~_// :~_/~).~ Sp.2 "~~Dl~-------::~;------- - ~;I .- ,- -- . 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I I I !i CAlEND CR GC Ml M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT A N D B U L D EXHIBIT 1 31A-6 - = 500 FEET N G A G ENe Y COMMERCIAL '" l) lJ.J ::;; ::;; o l) A P LAN N INDUSTRIAL INDUSTRIAL SCHOOL MIS C. MIS C. Me FADDEN AVENUE c a: ~ w ...J :) o m a: o m a: <C ::I: COMMERCIAL <: iii <: iii <: iii <: iii <: iii <: iii <: iii CUP 05-21NA 95-9 RIO VISTA WEST, LLC 3770 WEST MC FADDEN AVENUE A ${' N G AND B U L D N G AGE N C Y EXHIBIT 2 31A-7 en ~ w '" en ...J ~ I!! <( ::Ii !i , w Uil' to I., Z CD"I f=' !" l'i:1 ~~~Il'lr w::i~1 "'13 I ill l !,I .t, Ii! I!! I !. \il" Ill!, 'I'. I" Bi !d!:l, inh 'Ii!! i1!i!IB. ~h~ ! ~ i!ll ll'~ll !!il,t ~IW~! li~l l ~ 'U Ii,l Ifi!il dlt I hl~'!l~ ii!~ l ;;J. I.! 'Ii! lllr! ;'!~h Illllji~ ~l'! 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O~ O&l 'iOO<' IW II :91lli' I"" "'I fioop.O'ld ~1\"""PUll Itnl~'3001-U.'-'\"0(] ,!l<OO\.,,[dm... ."",,," no.gjO<;DD.!I"""" 'Q<<"d\ :.. Table 1 - Overall Shared Parking Demand Riverview West Typical Weekday Hour of Retail Restaurant Total Available Day Percentage Spaces Percentage Spaces Spaces Spaces Required Required (Demand) 7 a.m. 8 38 2 3 41 619 8a.m. 18 86 5 7 93 567 9 a.m. 42 200 10 14 214 446 10 a.m. 68 324 20 27 351 309 11 a.m. 90 428 30 40 454 206 12 noon 100 476 50 67 543 117 1 p.m. 100 476 70 93 569 91 2 p.m. 100 476 60 80 556 104 3 p.m. 90 428 60 80 508 152 4 p.m. 80 381 50 67 448 212 5 p.m. 79 376 70 93 469 191 6 p.m. 90 428 90 120 548 112 7 p.m. 90 428 100 133 561 99 8 p.m. 80 381 100 133 514 146 9 p.m. 61 290 100 133 423 237 10 p.m. 32 152 90 120 272 388 11 p.m. 13 62 70 93 155 505 12 mid. - - 50 67 67 593 Hourly percentages per Exhibit 28 of "Shared Parking", ULI, Washington, D.C. 1983 and data supplied by Santa Ana Planning Department specific to The City of Santa Ana; Restaurant Peak Parking Demand Factor of 10.0 spaces II ,000 Sq.Ft. GLA per City of Santa Ana Parking Code; Retail Peak Parking Demand Factor of3.8/1,000 Sq. Ft. GLA(Peak Parking Demand Factors per Exhibit 26 ofULI "Shared n__lp~_""," .....'"~~A"T \ CUP 05-21NA 95-9 ffl~li ~ Table 2 - Overall Shared Parking Demand Riverview West Typical Saturday Hour of Retail Restaurant Total Available Day Percentage Spaces Percentage Spaces Spaces Spaces Required Required (Demand) 7 a.m. 3 15 2 3 18 642 8 a.m. 10 51 3 4 55 605 9 a.m. 40 200 50 67 267 393 10 a.m. 80 401 50 67 468 192 11 a.m. 80 401 70 93 494 166 12 noon 85 425 100 133 558 102 1 p.m. 95 476 100 133 609 51 2 p.m. 100 501 70 93 594 66 3 p.m. 100 501 40 53 554 106 4 p.m. 90 451 30 40 491 169 5 p.m. 75 376 60 60 436 224 6 p.m. 65 326 100 133 459 201 7 p.m. 60 301 100 133 434 226 8 p.m. 55 276 100 133 409 251 9 p.m. 40 200 100 133 333 327 10 p.m. 38 191 95 126 317 343 11 p.m. 13 65 85 113 178 482 12 mid. - - .. 70 93 93 567 Hourly percentages per Exhibit 28 of "Shared Parking", ULI, Washington, D.C. 1983 and data supplied by Santa Ana Planning Department specific to The City of Santa Ana; Restaurant Peak Parking Demand Factor of 10.0 spaces II ,000 Sq.Ft. GLA per consistency with City of Santa Ana Parking Code; Retail Peak Parking Demand Factor of 4.0/1,000 Sq. Ft. GLA (Peak Parking Demand Factors per Exhibit 26 ofULI "Shared Parking" study.) 31A!r14 Table 3 Available Parking Spaces Saturday October 16, 2004 Parking Existing Time of Day Area Spaces Ipm 2pm 3pm 4pm 5pm 1 37 7 9 10 12 10 2 35 8 8 11 12 14 3 40 26 22 21 20 25 4 40 18 17 19 21 24 5 42 21 20 22 24 26 6 44 20 21 23 22 23 7 44 20 22 22 19 28 8 42 24 21 24 22 25 9 40 19 19 18 21 23 10 42 18 17 20 23 22 11 40 15 15 17 19 21 12 24 23 24 22 24 24 13 14 11 13 12 11 12 14 65 61 62 62 63 64 15 15 3 5 8 7 9 16 29 29 27 29 26 28 17 36 11 11 13 14 15 18 T otals 631 334 333 353 360 393 Percent - 52.9% 52.8% 55.9% 57.1% 62.3% Note: See Appendix exhibit 1 for location of parking areas 1-18 shown in table above. Parking areas 14 and 16 are the proposed locations of two new uses on the site. 31A~15 Table 4 Available Parking Spaces Saturday October 23, 2004 Parking Existing Time of Day Area Spaces Ipm 2pm 3pm 4pm 5pm 1 37 13 9 19 19 21 2 35 14 15 12 17 19 3 40 16 18 18 19 17 4 40 15 13 15 16 18 5 42 18 21 19 19 21 6 44 11 13 14 15 16 7 44 16 17 20 19 22 8 42 19 16 20 25 27 9 40 23 25 32 24 26 10 42 19 20 17 21 20 11 40 17 15 16 20 19 12 24 20 22 23 23 24 13 14 12 13 11 13 13 .......... .65 ..... 64 65 61 64... ... 64 i. 15 15 8 6 5 7 8 ...... g 29 .27..... 28 26 J. 27 > ... 27.iT < ..... ....... 17 36 15 16 18 18 17 T otals 631 327 332 346 366 379 Percent - 51.8% 52.6% 54.8% 58.0% 60.1% Note: See Appendix exhibit 1 for location of parking areas 1-18 shown in table above. Parking areas 14 and 16 are the proposed locations of two new uses on the site. \ \ 31A~16 Table 5 Available Parking Spaces Monday October 25,2004 - Saturday October 30,2004 - Sunday October 31, 2004 Parking Existing Area Spaces Noon 10/25 6 ill 10/30 4 ill 10/31 1 37 12 24 6 2 35 9 22 5 3 40 21 22 12 4 40 23 19 19 5 42 36 24 10 6 44 27 21 11 7 44 33 22 20 8 42 29 32 25 9 40 36 26 20 10 42 29 22 20 11 40 27 17 18 12 24 20 24 20 13 14 14 14 11 17 36 631 18 431 15 399 16 312 Totals Percent 68.3% 63.2% 49.4% Note: See Appendix exhibit 1 for location of parking areas 1-18 shown in table above. Parking areas 14 and 16 are the proposed locations of two new uses on the site. 31 Af"l517 Conditional Use Permit No. 2005-21 August 8, 2005 Page 1 of 2 Findings of Fact A. Will the proposed contribute to the community? use provide a general well service or being of facility which will the neighborhood or The proposed Starbucks drive-through will contribute to the general well being of the area by providing a new restaurant with amenities available to both pedestrians and vehicles traveling along Harbor Boulevard and McFadden Avenue. 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? It is not anticipated that the drive-through window service, in conjunction with the proposed conditions, will be detrimental to the health, safety or general welfare of persons working in the area. The circulation, design, and layout of the proposed drive-though lane has been designed to minimize any adverse impacts that may be generated as a result of the new drive-through lane. Conditions have been incorporated into the project to help minimize any adverse impacts that the proj ect might generate as the result of its drive-through use. The project will be reviewed after ninety days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The new restaurant with drive-through service, in conjunction with upgrades of landscaping and circulation, will provide both a visual upgrade and new economic acti vi ty for this area of Harbor Boulevard and McFadden Avenue. The overall economic stability of the area will be strengthened with additional commercial services in the area. CUP 05-21NA 95-9 EXHIBIT i 31A-1 is Conditional Use Permit No. 2005-21 August 8, 2005 Page 2 of 2 D. Will the proposed use comply with the regulations specified in Chapter 41 of the Santa Ana Municipal use? and conditions Code for such The proposed restaurant and drive-through window operation will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and design standards for drive- through facilities. The drive-through lane will meet the stacking lane requirement of 160 linear feet, as required by code. Except for the parking requirements, the proposed project is consistent with the site development standards established in the North Harbor Specific Plan. The proposed project is requesting approval of variance to reduce its required amount of parking. Should the variance be approved, the project will be consistent with the North Harbor Specific Plan. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The drive-through lane for Starbucks is consistent with the General Plan land use designation of General Commercial as support commercial uses, including restaurants, are permitted by right. The project supports General Plan Land Use Policy Number 2.7, which promotes the rehabilitation of commercial properties and encourages increased levels of capital investment. 31A-19 AUGUST 8, 2005 PAGE 1 OF 1 Conditions of Approval Conditional Use Permit No. 2005-21 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-101. 2. Any amendment to the conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. All mitigation measures identified in the Mitigated Negative Declaration Environmental Review No. 2004-251 are incorporated as conditions of approval for this project. 4. The berm and proposed landscaping surrounding the drive-through lane must consist of mature landscaping that will adequately screen the drive-through lane. 31A-20 Variance Amendment No. 1995-09 August 8, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The Ri verview West Marketplace is a contained site surrounded by existing commercial development. The shared parking analysis, prepared by Douglas MacPherson, Traffic Engineer, has determined that sufficient parking will be provided for the proj ect during times of peak demand. The variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance will preserve the owner's ability to provide new development within an underutilized shopping center. The proposed tenants will bring additional revenue and clientele to the existing shopping center and will not create any encumbrances to property rights. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property because the proposed tenant pads are within an existing shopping center that will not generate additional operational impacts to the surrounding areas. A mitigated negative declaration was prepared which incorporated various mitigation measures to ensure that any impacts are reduced to below any level of significance. CUP 05-21NA 95-9 EXHIBIT 10 31A-21 Variance Amendment No. 1995-09 August 8, 2005 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since both the drive-though Starbucks and proposed sit-down restaurant are both in conformance with Ci ty development standards for commercial uses and are consistent with the General Commercial (GC) General Plan land use designation. 31A-22 AUGUST 8, 2005 PAGE 1 OF 1 Conditions for Approval Modification to Variance No. 1995-09 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 applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04-101 and all existing conditions of approval as part of Variance 1995-09 as approved on March 18, 1996. 2. Parking reduction may not exceed oeren pcrcent (.J.pprmcim.J.tely 95 op.J.ceo) eleven percent (157 parking spaces) . 3. Prepare revised Covenants, Conditions and Restrictions (CC&Rs) and agreements for parking access, property maintenance, sewage, public utili ties and landscaping, reciprocal access easements and agreements, emergency vehicle access, drainage, fire hydrants and sprinkler systems to include the proposed buildings. 5. Submit a revised sign program for the shopping center in compliance with Chapter 41 of the Santa Ana Municipal Code. 6. A lot line adjustment shall be recorded for the removal of existing lot lines located below any proposed buildings. 31A-23 MAYOR Miguel A. Pulido MA YOR PRO TEM Lisa B ist COUNCIL MEMBERS Claudia C. Alvarez Car/os Bustamante Alberta D. Christy Mike Garcia Jose Solorio 1m ~ 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-20l P.O. BOX 1988 . Santa Ana, California 92702 (714) 667-2700. Fax (714) 973-1461 NO-rteeaeFntNTENT 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: Riverview West Starbuck/Restaurant Project Description: The proposed proj ect involves the construction of two restaurants. One of the restaurants is a Starbuck restaurant the other is unknown. In conjunction with the construction of the Starbuck restaurant, the applicant is requesting approval of a conditional use permit to allow drive through window service. Additionally, the applicant is requesting approval of a variance to allow a reduction in required parking for the two proposed restaurants. Project Location: 3770 West MacFadden Project Number: ER 2004-251 Public Review Period: 7-29-2005 to 8-17-2005 Hearing Date: 8-8-2005 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 8-17-2005. Please direct your comments to: Dan Bott, 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 Very Carvajal at (714) 667-2700. ~)t~24 cs. 606-2 Riverview Starbuck Initial Study/Mitigated Negative Declaration ER 2004-251 Proposed Project The proposed project involves the construction of two restaurants, a Starbuck coffee shop and spec restaurant building. In conjunction with the construction of the Starbuck restaurant, the applicant is requesting approval of a conditional use permit to allow drive through window service. Additionally, the applicant is requesting approval of a variance to allow a reduction in required parking for the two proposed restaurants. Setting The project sites are two building sites located within the ii-acre Riverview West Market Place near the intersection of McFadden Avenue and Harbor Boulevard. The Riverview West Marketplace is an existing commercial center consisting of approximately 270,000 square feet of commercial retail area. The proposed Starbuck restaurant would be constructed between two existing restaurant pads along Harbor Boulevard. The other proposed restaurant would be constructed between two existing restaurant pads along Edinger Avenue. The project area is situated within surrounded by commercial retail and single family residential to the retail to the east and west. an urban setting and is a school to the north, south and commercial The project Specific Plan designation of site is located within the zoning district and has a General Commercial. North Harbor General Plan Project Description The proposed project involves the development of 1,750 square foot Starbucks restaurant with drive through window service. The other proposed restaurant would consist of 4,000 square feet of area and would be located along Edinger Avenue. 1 31A-25 The applicant is requesting approval of a variance to allow for 157 parking space reduction to the existing center to allow for the construction of the two restaurants. ENVIRONMENTAL ANALYSIS The following is an environmental analysis on the proposed project based on the City of Santa Ana CEQA Environmental Checklist Form. The analysis incorporates by reference the analysis and findings provided in the City of Santa Ana General Plan Land Use Element EIR. For each environmental issue, the analysis identifies the level of impact that is anticipated to occur. Where applicable, mitigation measures have been identified to reduce potentially significant impacts. I . AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? No Impact According to the City's General Plan Land Use Element EIR, the project site is void of any scenic vistas or scenic resources. Additionally, there are no scenic resources associated with a State Highway within the vicinity of the project site. Therefore, implementation of the proposed project would not result in adverse impacts to any scenic resource. C. Substantially degrade the existing visual character or quality of the site and it's surrounding? Less Than Significant Impact The project site is located within the North Harbor Specific Plan and subject to the specific plan design guidelines. The Specific Plan establishes design guidelines to guide the development of projects within the specific plan area. Through the City's site plan review process the proposed project has been determined to be consistent with the design guidelines in the North Harbor Specific Plan. Therefore, implementation of the proposed project would not 2 31A-26 degrade the existing visual character of the project site or the surrounding area. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact The project site is currently improved with existing on- street lighting. Implementation of the proposed project would not introduce substantial new sources of light and glare into the project area. II . AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their loca tion or na ture, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site does not contain Unique Farmlands, Prime Farmlands or Farmlands of Statewide Importance. Based on the City's General Plan, the project site is not planned for agricultural uses. Additionally, the project site is not included within any existing Williamson Contracts. A site visit conducted by the City's Environmental Coordinator confirmed the project site is currently not in agriculture production. Therefore, implementation of the proposed project would not result in adverse impacts to any agriculture resources. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? 3 31A-27 Less Than Significant 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 regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and/or local general plans. The proposed proj ect is consistent with the General Plan. Implementation of the proposed project would not exceed the population and traffic growth projections in the General Plan. The proposed project would be considered to be consistent with the regional and local growth proj ections and would not be in conflict with the air quality objectives established in the South Coast Air Quality Management Plan. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? 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, and particulate matter. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified in Table AQ-l. Table AQ-l EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 4 31A-28 Reactive Organic Compounds 75 2.5 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 Long-term Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the proj ect site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the General Plan. The long-term operational emissions generated by the proposed project are consistent with the alr pollutant emission projections within the General Plan Land Use Element EIR. Implementation of the proposed project would not result in additional air pollutant emissions that would exceed air pollutant emission projections evaluated within the General Plan Land Use Element EIR. Short-term constructed Related Air Quality Impacts Construction operations associated with the proposed project could potentially result in short-term increases in particulate mater, and to a lesser degree increases in carbon monoxide and ozone. Peak day construction emissions for most pollutants arising from construction of the proposed project would occur during the grading and excavation phases. Using the South Coast Air Quality Management District CEQA Air Quality Handbook as a guideline, the threshold for potentially significant short-term air quality impacts would involve the grading of 1,309,000 square feet of area. Assuming grading of the entire project site, approximately 6,000 square feet of area would be graded. The proposed gradlng would be conslderably less than the threshold of significance established by the CEQA Air Quality Handbook. To minimize dust impacts during construction, the proposed proj ect would be required to comply with SCAQMD Fugi ti ve Dust Rule 403 to suppress dust generated by construction operations. 5 31A-29 C. Resul t in a cumula ti vely considerable net increase of any criteria pollutant for which the non-attainment under an applicable ambient air quality standard? project region is federal or state Less Than Significant Impact The proposed proj ect would be consistent with the City's General Plan and the local growth forecasts for the Orange County sub region and regional emissions budget developed by the Southern California Association of Governments for the 1999 Air Quality Management Plan. SCAG has determined that the air pollution impacts of any project that conforms to local growth forecasts would be consistent with this forecast and the regional air quality impacts would be adequately mitigated by the Plan to a level considered less than significant. D. Expose Sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact Implementation of the proposed project would not exceed the South Coast Air Quality Management District threshold for potentially significant long-term or short-term air quality impacts. Therefore, implementation of the proposed project would not expose sensitive receptors to any substantial concentrations of air quality pollutants. E. Create objectionable odors affecting a substantial number of people? Less Than Significant Impact The long-term operation of the proposed proj ect would not generate significant objectionable odors to the public. Short-term construction operations could emit objectionable odors. However, they would be short-term and would not be considered significant. IV. BIOLOGICAL RESOURCES 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 6 31A-30 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 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? No Impact The project site is situated within an urban setting. According to the California Department of Fish and Game Natural Diversity Data Base and the City's Updated General Plan Land Use Element EIR, there are no sensi ti ve biological resources located on or within the nearby vicinity of the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any onsite sensitive biological resources. v. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact According to the Santa Ana Local Register of Structures and the Federal Register of Structures, there are no historically significant located on the project site. Historical Historical structures B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? 7 31A-31 D. Disturb any human remains, including those interred outside of formal cemeteries. Less Than Significant Impact According to the City's General Plan Land Use Element EIR there are no known cultural resources on the project site. The project site is currently improved. The probability for the discovery of unknown cultural resources during construction operations would be low. VI. GEOLOGY/SOILS A-l. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the Seismic Hazard Zone Map, the proj ect site is not located within a current Alquist-Priolo Earthquake Faul t Zone for fault surface rupture hazard. The surface traces of any active or potentially active faults are not known to pass directly through or extend towards the project si te. Therefore, the potential for surface rupture due to faul ting occurring beneath the site during the design life of the proposed project is considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic region of southern California. A total of 38 active faults have been identified wi thin an approximate 60-mile radius of the proj ect site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subj ect to a maximum credible horizontal ground acceleration of O. 30g from a magnitude 6.9 earthquake along the Newport/Inglewood fault zone. A seismic event of this scale could potentially result significant damage to the proposed proj ect. However, the seismic risks at the proj ect site would not be considered significantly different from other areas in the southern 8 31A-32 California region. Through the City's development review process, the proposed project would be required to prepare a site-specific geologic study that addresses the seismic constraints on the project site and the building load requirements of the project. Additionally, the proposed project would be subject to the seismic safety standards of the Uniform Building Code. Preparation of the geologic study and compliance with the Uniform Building Code would reduce potential seismic hazard impacts to a level considered less than significant. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the water table are subjected to large ground accelerations generated from seismic events. Liquefaction is generally known to occur in saturated cohesionless soils at depths shallower than about 50-feet. According to the City's General Plan Land Use Element EIR, the proj ect site is considered to have High to Very High potential for liquefaction hazard impacts. Through the City's development review process, the proposed project would be required to prepare a site-specific geotechnical study that addresses the liquefaction constraints on the project site and the building load requirements of the project. Additionally, the proposed project would be subject to the seismic safety standards of the Uniform Building Code. Preparation of the site-specific geotechnical report and compliance with the Uniform Building Code would reduce potential liquefaction hazard impacts to a level considered less than significant. A-4. Landslides No Impact The project area lS flat without any topographical relief. According to City's General Plan Land Use Element EIR, there are no landslide planes or slopes on the project site. Therefore, implementation of the proposed project would not result ln adverse impacts in regards to landslides. 9 31A-33 B. Would the project result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Construction operations for the proposed project would require the demolition, clearing, excavation, and grading of onsite soils. The uncovered soils on the project site could potentially result in erosion and sedimentation impacts to onsite and offsite drainage facilities. This potential impact could increase during periods of rain. To reduce potential erosion impacts to a level considered less than significant, the project would be required to comply with the City's NPDES requirements for construction activity. C. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR the proposed proj ect 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. In 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? Less Than Significant Impact According to the City's General Plan Land Use Element EIR the project site consists of Metz Loamy Sand Soils that have low shrink/swell potential, high potential for corrosion of uncoated steel and high potential for corrosion of concrete. Through the City's development review process, the proposed project would required to 10 31A-34 prepare a geotechnical report that address and identifies the geologic conditions on the project site, building load requirements of the project and design recommendations to ensure the geologic stability of the project. E. Where sewers are wastewater is the of septic tanks systems? not available for the disposal of soil capable of supporting the use or alternative wastewater disposal No Impact The project site is located within urban setting where sewer service is available. The proposed project would not require septic tanks or alternative disposal systems. VII. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to environment through the routine disposal of hazardous materials? the public transport, or the use or B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one- quarter mile of an existing or proposed school? Less than Significant Impact The operation of the proposed project would not involve the routine transportation, handling or storage of large quantities of hazardous materials or waste or the emission of hazardous emissions. The long-term operation and construction operations associated with the proposed project could potentially involve the handling of incidental amounts of hazardous materials, such as solvents, oils, and paints. However, the quantities would be minimal and would not pose a hazard to the public. C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact According to the Santa Ana Fire Department and the State 11 31A-35 Regional Water Quality Board the project site lS not a hazardous waste site. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an accident potential zone, clear zone or FAA Notification Area. Implementation of the proposed project would not pose a hazard to people working or residing within the project area. 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 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 environmental impact or surface water quality to either marine, fresh or wetland waters? 12 31A-36 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? Potentially Significant Unless Mitigation Incorporated 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 subject 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, objectives and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. The project sites storm water flows would be conveyed southerly along an underground storm drain along Harbor Boulevard to the Santa Ana River before ultimately discharging into the Pacific Ocean. The Santa Ana Regional Water Quality Control Board has identified the mouth of the Santa Ana River at the Pacific Ocean as an impaired water body. Short-Term Construction Related Water Quality Impacts During construction operations there is the potential that surface water runoff could be degraded. If the degraded surface water runoff is conveyed into the local storm drain system, potential adverse water quality impacts could occur to downstream receiving waters. To minimize potential construction related water quality impacts, the proposed project would be required to prepare and implement a storm water pollution prevention plan. Long Term Operational Water Quality Impacts The primary concern for water quality pollutants associated wi th the operation of the proposed proj ect would be from urban runoff. Urban runoff is defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping 13 31A-37 irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since urban runoff usually originates in the street, they commonly contain many common pollutants found in streets such as oil and grease and sediment. Additionally, adverse water quality impacts could occur from rain events when sediment, grease and oil on roadways and parking lots are flushed into the local storm drain system. Currently, the project site does not contain any structural Best Management Practices, which would potentially decrease the amounts of pollutants from entering the storm drain system. Uncontrolled urban runoff generated from the proj ect site could result in adverse water quality impacts to downstream receiving waters. The proposed project involves the development of restaurant uses on the proj ect site. Commercial kitchens could potentially produce grease as a by-product of their operation. If not properly disposed of, the grease could potentially create blockage of sewer lines, which could result in damages to both public and private property and potentially resulting in adverse water quality impacts. Such impacts could potentially be in conflict with water quality standards established by the State Regional Water Quality Control Board. To reduce potential water quality impacts to a level considered less than significant the following mitigation measure shall be implemented. Mitigation Measure · Prior to the issuance of a grading permit the applicant shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. · Prior to the issuance of a grading permit the applicant shall provide two copies of the Water Quality Management Plan that include the following: a. Site Assessment b. Site Design BMP's c. Applicable Routine Source Control BMP's d. Mechanisms by which funding for long-term operation and maintenance of all structural BMP's shall be provided. 14 31A-38 e. Selecting and sizing the Treatment Control BMP's f. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP's and to identify the entity in charge of implementation. . Prior to issuance of building permits, shall provide payment of the Federal Protection Enterprise Fee. the applicant Clean Water · Building plans shall reflect that the kitchen for the proposed project shall be fitted with a grease interceptor to the size and capacity as designated by the City of Santa Ana Building Division. 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. Q. Have a potentially significant adverse ~pact on groundwater quality? No Impact Construction operations for the proposed project would not require de-watering activities. The long-term operation of the proposed project would not have any impact on groundwater supplies. Additionally, the proposed project would not interfere with ground water recharge because the site is not located in an area that is known to recharge the ground water system. c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which, would exceed the capacity of existing or planned stor.m water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? 15 31A-39 M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. Less Than Significant Impact The project site is located within an urbanized area with improved drainage facilities. Based on preliminary analysis of drainage conditions and facilities on the project site and surrounding area, the City's Public Works Department has indicated that it is feasible that existing drainage facilities within the project area would be able to adequately drain the proposed project. However, to help address cumulative drainage impacts in the project area, the proposed project would be subject to Drainage Assessment Fees. 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 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? H. Place within a 100-year floodplain structures which would impede or redirect flood flows? No Impact According to the Flood Rate Insurance Map 0602320256H, the project site is located within Flood Zone X and not subject to 100-year flood risks. Implementation of the proposed project would not increase the risk of flooding. IX. LAND USE/PLANNING A. Physically divide an established community? No Impact The proposed project would not physically divide any established community, in that the project area is an existing commercial center and the proposed project involves the development of restaurant uses. The proposed project would be compatible with other existing land uses in the area. No adverse land use compatibility impacts 16 31A-40 would be associated with implementation of the proposed project. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact The proposed project is permitted under the General Plan and conditionally permitted under the North Harbor Specific Plan. Except for the parking requirements, the proposed project is consistent with the site development standards established in the North Harbor Specific Plan. The proposed project is requesting approval of variance to reduce its required amount of parking. With approval of the variance the proposed project would be consistent with the North Harbor Specific Plan. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan Land Use Element EIR, the project site is not included within any habitat conservation plan or any natural community conservation plan. X. MINERAL RESOURCES 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? No Impact According to the City's General Plan Land Use Element EIR there are no areas in Santa Ana designated as 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. XI. NOISE 17 31A-41 Noise Standards The project site is located within the City of Santa Ana and subject to noise standards and guidelines in the General Plan Noise Element and Municipal Code Noise Ordinance. The primary purpose of the City of Santa Ana Noise Element is to "Prevent significant increases in noise levels in the community and minimize the adverse effects of currently-existing noise sources./I In accordance with the Noise Element, the City has adopted noise standards and guidelines for land use planning. These guidelines for exterior noise levels as presented in Table N-l. City Of Santa Ana Land Use Table N-l Land Use Guidelines For Exterior Noise Noise Level (dBA CNEL or Ldn) Desirable Max~um Acceptable Maximum Low Density 55 65 Residential Medium Density 60 65 Residential High Density 65 70 Residential Schools 60 70 Commercial, Office 65 75 Industrial 70 75 The City also regulates noise though Chapter 18, Article VI of the Municipal Code Noise Ordinance. The Noise Ordinance presents permissible noise intrusion levels and sets exterior and interior noise standards for different times of the day and night. Additionally, the Noise Ordinance recognizes that some forms of noise are required for urban development. Sectlon 18-314(e) of the Munlclpal Code NOlse Ordinance exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday, and no construction activity any time on Sundays or federal holidays. A. Exposure of persons to or generation of noise levels in excess of standards established in local general 18 31A-42 plan or noise ordinance, or applicable standards of other agencies. C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Less Than Significant Impact The project site is located within an existing commercial center and is impacted with vehicle noise. The proposed project would be compatible with noise standards established in the General Plan. Additionally, the traffic generated by the proposed project would not significantly increase noise long-term levels within the project area. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Less Than Significant Impact The proposed project would require conventional construction equipment and building practices. No significant ground borne noise impacts or ground borne vibration impacts would be associated with the proposed project. However, construction activities and construction equipment staging operations associated with the proposed project could potentially result in a short-term increase in ambient noise levels. To minimize potential construction-related noise impacts to a level considered less than significant, the project would be required to comply with City's Noise Ordinance. The Noise Ordinance would limit construction activity 7 AM to 8 PM Monday through Saturday, and not permitted on Sundays or Federal Holidays. 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? . 19 31A-43 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. XII. POPULATION AND HOUSING A. Induce substantial population growth in an area, either directly or indirectly 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? No Impact The proposed project is consistent with the General Plan and proposed within an existing commercial center. Implementation of the proposed project would not induce additional population growth into the area, nor would it displace any existing households or housing. XIII. PUBLIC SERVICES Fire Protection: Less than Significant Impact The Santa Ana Fire Department would provide fire protection and emergency medical services for the proposed project. According to the Santa Ana Fire Department, implementation of the proposed project would not significantly increase the demands for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Additionally, through the City's development review process, the fire department has reviewed and determined that the proposed project would provide adequate fire protection facilities and services. Police Protection: Less Than Significant Impacts The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, implementation of the 20 31A-44 proposed project would not significantly increase the demand for police protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate police protection services. Schools: Less Than Significant Impact The project site is included within the boundaries of the Santa Ana Unified School District. Implementation of the proposed project would not generate project-specific demands for new school facilities. However, the proposed project would be subject to provide school impacts fees to help address cumulative impacts to school services in the School District. Parks, Other Public Facilities: Less Than Significant Impact The proposed project involves the construction and operation of restaurant uses. Implementation of the proposed project would not significantly increase the demands for additional park facilities or 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. Less Than Significant Impact The proposed project involves the construction and operation of restaurant uses. Implementation of the proposed project would not significantly increase the demands for existing recreation facilities or generate the demand for additional recreation facilities. 21 31A-45 XV. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact The proposed project is consistent with the City's General Plan and the traffic projections within the Circulation Element. The Public Works Department has determined that implementation of the proposed project would not result in significant project-related traffic impacts or individually or cumulatively exceed any required level of service established by the City or by the County's Congestion Management Program. 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? Less Than Significant Impact The proposed project involves the construction and operation of a single-story restaurant uses. Implementation of the proposed project would not result in any changes to air traffic patterns. The proposed project would not result in any substantial safety risks related to aircraft traffic. D. Substantially increase hazards to a design feature Less Than Significant Impact Construction operations associated with the proposed project could result in a short-term increase of construction traffic volumes within the project area. However, the increased level of construction traffic is not expected to significantly increase vehicle or pedestrian hazards within the project area. 22 31A-46 E. Result in inadequate emergency access Less Than Significant Impact As part of the City's development review process, the Fire Department has reviewed the proposed project for potential impacts in regards to emergency access. The Fire Department has determined that adequate emergency access would be provided. F. Result in inadequate parking capacity Less Than Significant Impact The proposed project is requesting approval of a variance to reduce the required parking for the two restaurant uses. Based on the City's parking requirements a total of 1,479 parking spaces are required for the Riverview West Market place. In 1995 a seven percent parking reduction variance was approved for the Riverview West Market Place. The construction of the two restaurants would result in the loss of 34 parking spaces. With the loss of this parking the overall parking requirement for the center would be reduced by 11 percent. In order to analyze whether or not the existing amount of parking at the Riverview West Market Place would be adequate to support the proposed project, a parking analysis was prepared. The study uses the Urban Land Institute Shared parking Methodology to determine the availability of parking at various times of the day and evening. The analysis determined that sufficient on-site parking would be available to support the existing and proposed land uses. Therefore, implementation of the proposed project would not result inadequate parking capacity. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Implementation of the proposed project 23 31A-47 would not displace existing public transportation facilities. XVI. UTILITIES 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? 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 providers existing commitments. Less Than Significant Impact The City of Santa Ana and/or the Orange County Sanitation District would provide wastewater service to the project site. The treatment of wastewater would be provided at Reclamation Plant 1 in the City of Fountain Valley. The proposed project would be required to provide appropriate sewer connection fees. The proposed project would not significantly increase the demand for additional wastewater facilities. 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 effects. Less Than Significant Impact The project site is situated within an area that is currently improved with drainage facilities. Implementation of the proposed project would not significantly increase the amount of surface water runoff generated from the project site. Implementation of the proposed project would not require the construction of new drainage facilities that would impact the environment. D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? 24 31A-48 Less Than Significant Impact The proposed project would not significantly increase the demand for water service over current levels water demand within the project area. The proposed project is consistent with the City's Urban Water Management Plan. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate water service to the project site. No adverse impacts in regards to the provision of adequate water service would be associated with the proposed project. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste disposal service for the proposed project. The proposed project would not significantly increase the demand for solid waste disposal over current levels of demand within the project area. Additionally, the City has adopted a Source Reduction and Recycling Element, which, contains programs to reduce the City's overall demand for solid waste disposal. No significant adverse impacts would be associated with providing solid waste disposal service for the proposed project. 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. No Impact 25 31A-49 Implementation of the proposed project would not substantially reduce the habitat of fish, wildlife species, or historic structures in that no fish, wildlife populations or historic structures are known to exist on the project site. B. Does the project have impacts that are individually limited but cumulatively considerable? Less Than Significant Impact Implementation of the proposed project would not result in significant cumulative impacts. The proj ect' s incremental contribution would not be cumulatively considerable because the proposed project would comply with the applicable requirements of the uniform building code, conditions of approval, mitigation measures and applicable City Ordinances, which provide specific requirements that would avoid any significant cumulative impacts within the project area. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? Less Than Significant Impact The proposed project involves the construction and operation of a restaurant use. The project would not have any direct or indirect adverse impacts on human beings. Mitigation measures have been required for the construction and operation of the proposed project to insure that the project would not have a direct or indirect adverse significant impact to human beings or the environment. 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 project could not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. 26 31A-50 XVIV REFERENCES City of Santa Ana General Plan, September 1982 City of Santa Ana General Plan Land Use Element EIR, SC No. 97071058, October 1997, Environmental Impact Report for the General Plan Land Use Element, August 1997 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, 2001 Site Visit by Dan Bott Environmental Coordinator, March 2004 National Register of Historical Resources City of Santa Ana Local List of Historical Resources California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan Flood Rate Insurance Map 0602320256H City of Santa Ana Noise Ordinance City of Santa Ana Development Review Committee California Department of Conservation Farmland Mapping and Monitoring Program Seismic Hazard Zone Map Parking Study for Riverview West Marketplace, Douglas MacPherson, March 2005. XX. PREPARERS Dan Bott, City of Santa Ana Environmental Coordinator 27 31A-51 ~fA Environmental Checklist For CEQA Compliance PLANNING DIVISION I. Project Title: Riverview Starbuck/Restaurant II. Project Numbers: ER 2004-251 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: 3770 West McFadden Environmental Determination On the basis of this initial evaluation, I find that: A. D The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. J( 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. ~~ Signature ~ ~\~150\\-- ') Printed Name Julv 26. 2005 Date db\Env Form CEQA Chklst 31A-52 Page 1 of 1 ~'A Environmental Checklist For CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on 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? 0 D D ~ B. Damage scenic resources, including but not limited D D 0 >r to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character % or quality of the site and its surroundings? D D D D. Create a new source of substantial light or glare which would adversely affect day or nighttime views ~ in the area? D D D dblEnv Form CEQA Chklst ATTACHMENT B 31A-53 anfA 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.) o o o o o o o o o K ~ << 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? dblEnv Form CEQA Chklst ATTACHMENT B 31A-54 o o o o o o o o ~ ~ fV << o o o o DnfA 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? db\Env Form CEQA Chklst ATTACHMENT 8 31A-55 Potentially Significant Impact o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o Less Than Significant Impact ~ o o o o o ~ ~ No Impact o ~ ~ 9( ~ Jf o o ~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 CEQA Chklst ATTACHMENT 8 31A-56 Potentially Significant Impact o o o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o o o Less Than Significant Impact ~ o o j1 P< o J( o ~ o No Impact o o ~ o o t>( o ~ o K ~'A 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 (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? db\Env Form CEQA Chklst ATTACHMENT 8 31A-57 Potentially Significant Impact o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o p( o Less Than Significant Impact t( fJ!( o o o o No Impact o o )( ~ o }{ ~fA 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 1 DO-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 1 DO-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-58 Potentially Significant Impact o o o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o ftf o o o P( ~ ~ D Less Than Significant Impact ~ ~ o o o o o D D ~ No Impact o o D ~ ~ ~ o o o o anfA 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 o 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? dblEnv Form CEQA Chklst AT3Afl~~ 8 o o o P\ o ~ o % o o o % o ~ o o o o o o o ~ o o o o o o o ~ o o o o o o ~ o o 2r o ~ p( ~'A Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources XI Noise - Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 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? db\Env Form CEQA Chklst ATTACHME~ 8 31A-6u Potentially Significant Impact o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o Less Than Significant Impact )( )r ;t fi( o o o o No Impact o o o o J1( ~ % ~ anlA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources 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 db\Env Form CEQA Chklst A TT ACHMENI 8 31A-61 Potentially Significant Impact o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o Less Than Significant Impact )( o o o o o ~ K No Impact o o o o o o o o ~fA Environmental Checklist For CEQA Compliance 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 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? db\Env Form CEQA Chklst ATTACHMENT B 31A-62 Potentially Significant Impact o o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o o Less Than Significant Impact ~ ~ ftf ~ )( ~ fl( ~ >( No Impact o o o o o o o o o anfA Environmental Checklist For CEQA Compliance 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 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-63 o o Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated o o o o o o o o o o )<Z Less Than Significant Impact ~ K o >( ~ o No Impact o o J{ o o KO - 8/24/05 RESOLUTION NO. 2005-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-21 AS CONDITIONED TO ALLOW A DRIVE- THROUGH WINDOW AND APPROVING THE MODIFICATION OF VARIANCE NO. 1995-09 FOR THE PROPERTY LOCATED AT 3770 WEST MCFADDEN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant has filed Conditional Use Permit No. 2005-21 seeking to allow a drive-through window service and to modify Variance No. 1995-09 to allow the further reduction of parking spaces for the property located at 3770 West McFadden Avenue. B. Conditional Use Permit No. 2005-21 and the modification of Variance No. 1995-09 came before the Planning Commission of the City of Santa Ana for a public hearing August 8,2005. C. Santa Ana Municipal Code Section 41.424.5 permits eating establishments with drive-through service with a conditional use permit. 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 the community? The proposed Starbucks drive-through will contribute to the general well being of the area by providing a new restaurant with amenities available to both pedestrians and vehicles traveling along Harbor Boulevard and McFadden Avenue. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The drive-through window service, in conjunction with the proposed conditions, will not be detrimental to the health, 31A-64 Resolution No. 2005-26 Page 1 of 5 safety or general welfare of persons working in the area. The circulation, design, and layout of the proposed drive- though lane has been designed to minimize any adverse impacts that may be generated as a result of the new drive- through lane. Conditions have been incorporated into the project to help minimize any adverse impacts that the project might generate as the result of its drive-through use. The project will be reviewed after ninety days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The new restaurant with drive-through service, in conjunction with upgrades of landscaping and circulation, will provide both a visual upgrade and new economic activity for this area of Harbor Boulevard and McFadden Avenue. The overall economic stability of the area will be strengthened with additional commercial services in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed restaurant and drive-through window operation will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and design standards for drive-through facilities. The drive-through lane will meet the stacking lane requirement of 160 linear feet, as required by code. Except for the parking requirements, the proposed project is consistent with the site development standards established in the North Harbor Specific Plan. The proposed project is requesting approval of variance to reduce its required amount of parking. Should the variance be approved, the project will be consistent with the North Harbor Specific Plan. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The drive-through lane for Starbucks is consistent with the General Plan land use designation of General Commercial as support commercial uses, including restaurants, are permitted by right. The project supports General Plan Land Use Policy Number 2.7, which promotes the rehabilitation of 31A-65 Resolution No. 2005-26 Page 2 of 5 commercial properties and encourages increased levels of capital investment. D. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a Variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The Riverview West Marketplace is a contained site surrounded by existing commercial development. The shared parking analysis, prepared by Douglas MacPherson, Traffic Engineer, has determined that sufficient parking will be provided for the project during times of peak demand. The variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance will preserve the owner's ability to provide new development within an underutilized shopping center. The proposed tenants will bring additional revenue and clientele to the existing shopping center and will not create any encumbrances to property rights. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property because the proposed tenant pads are within an existing shopping center that will not generate additional operational impacts to the surrounding areas. A mitigated negative declaration was prepared which incorporated various mitigation measures to ensure that any impacts are reduced to below any level of significance. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since both the drive-though 31A-66 Resolution No. 2005-26 Page 3 of 5 Starbucks and proposed sit-down restaurant are both in conformance with City development standards for commercial uses and are consistent with the General Commercial (GC) General Plan land use designation. E. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration Environmental Review No. 2004-251 has been prepared for this project. The Negative Declaration was available for public review from July 29,2005 through August 17, 2005. The mitigation monitoring program is contained as a condition of approval. Section 2. The Planning Commission of the City of Santa Ana atter conducting the public hearing hereby approves for the property located at 3770 West McFadden Avenue: 1. Conditional Use Permit No. 2005-21 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth and 2. The modification of Variance No. 1995-09 as conditioned in Exhibit B attached hereto and incorporated herein as though fully set forth. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff report and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 8th day of August, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo (1) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson 31A-67 Resolution No. 2005-26 Page 4 of 5 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 8, 2005. Date: Clerk of the Planning Commission City of Santa Ana 31A-68 Resolution No. 2005-26 Page 5 of 5 Conditions for Approval for Conditional Use Permit No. 2005-21 Conditional Use Permit No. 2005-21 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannina Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-101. 2. Any amendment to the conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. All mitigation measures identified in the Mitigated Negative Declaration Environmental Review No. 2004-251 are incorporated as conditions of approval for this project. 4. The berm and proposed landscaping surrounding the drive-through lane must consist of mature landscaping that will adequately screen the drive-through lane. Exhibit A 31A-69 Conditions for Modification of Variance No. 1995-09 Modification to Variance No. 1995-09 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division TRAFFIC, CIRCULATION AND PARKING 1. Parking reduction may not exceed seven percent (approximately 95 spaces) eleven percent (157 parking spaces). (Modified by the Planning Commission on August 8, 2005) 2 On-site circulation is to be designed to accommodate WB-50 semi- trucks which will be making regular deliveries to this site. 3. Prepare revised Covenants. Conditions and Restrictions (CC&Rs) and aareements for parkina access. property maintenance. sewaae. public utilities and landscapina. reciprocal access easements and aareements. emeraency vehicle access. drainaae. fire hYdrants and sprinkler systems to include the proposed buildinas. (Added by the Planning Commission on August 8, 2005) LANDSCAPING 4. Twenty-six 36 inch box trees are to be located at project entry points located along and near public rights-of-way; 5. All parking lot trees are to be a minimum of 24 inch box (in lieu of 15 gallon required by code); 6. No less than 40 four foot by four foot tree wells are to be located throughout the parking areas; Exhibit B Page 1 of7 31A-70 7. A palm tree theme (minimum 24 inch box) along pedestrian walkways and along the main drive aisle in front of Wal*mart and Buildings B through G is to be provided. a No less than 70 landscape planters with minimum dimensions of 8 1/2' x 18' are to be provided throughout the parking areas. 9. Submit a revised landscape plan to indicate the location and replacement of all dead or underdeveloped plants. trees. or aroundcover within the entire shoppina center. (Added by the Planning Commission on August 8, 2005) 10. A landscape treatment shall be provided alona the southerly wall abuttina sinale family dwellinas and submitted to the city for review and approval. (Added by the Planning Commission on August 8, 2005) PARKING AREAS 11. Cart corrals are to be provided and designed architecturally similar in materials, color and design to the buildings on the site. (Pipe rail equipment is not acceptable.) 12. All parking areas along the property perimeter with vehides facing Harbor Boulevard and McFadden Avenue are to have the parking space decreased to 16 feet and the 15 foot landscape setback increased to 17 feet. This includes the following parking areas: south of Building J, east of Building L, between Buildings K and L, north of Wal*mart. SITE DESIGN 13. No doors or exits are permitted on the street side of Buildings J, K and L if there is a 15 foot minimum street setback. Should exits be necessary, each building must be set back an additional five feet allowing for a sidewalk to run parallel to each building for access. 14. There are to be no exposed downspouts, scupper drains, mechanical equipment, electrical equipment, plumbing or conduit on the outside of the building. SIGNAGE 15. The project entry trellis located on the comer is to be maintained free of any advertising or banners. Only the name of the center may be placed on this structure. Exhibit B Page 2 of7 31A-71 16. Submit a revised sian proaram for the shoppina center in compliance with Chapter 41 of the Santa Ana Municipal Code. (Added by the Planning Commission on August 8, 2005) MISCELLANEOUS ITEMS 17. A lot line adiustment shall be recorded for the removal of existina lot lines located below any proposed buildinas. (Added by the Planning Commission on August 8, 2005) 18. Recyclable materials storage is to be provided on-site at a location to be approved by staff prior to permit issuance. 19. An A TM and postal station are to be provided in the project development. These may be integrated into any part of any building. The location of these facilities is to be resolved with staff prior to permit issuance. 21 No deliveries may occur for tenants other than Wal*mart before 7:00 a.m. or after 9:00 p.m. Monday through Friday; nor before 9:00 a.m. or after 6:00 p.m. on Saturdays, Sundays and federal holidays. Wal*mart truck deliveries shall be targeted to avoid these restricted delivery hours. Trucks arriving within these restricted times must take all measures necessary to minimize noise to adjacent residences. Under no circumstances shall Wal*mart trucks be parked with motors or refrigeration units in operation along the eastern edge of the WaJ*mart building between the restricted hours indicated above. Six months following the opening of the Wal*mart store the Planning Commission shall review the project and may at such time amend this condition to completely prohibit deliveries to Wal*mart during the same hours as apply to other businesses on the site, if the Planning Commission determines that such deliveries cause an unreasonable disturbance to nearby residences. Any such amendment of this condition may be appealed to the City Council. 21. The trash compactor located at the southwest comer at the southeast corner of Wal*mart (south side) shall not be operated between the hours of 7:00 a.m. and 9:00 p.m. every day. 22. The project shall comply with all mitigation measures identified in the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-251. 23. Project shall comply with conditions and requirements of site plan review DP No. 95-55R and DP No. 04-101. Exhibit B Page 3 of7 31A-72 LOADING ZONES 24. The loading docks of Buildings A-E are to be fully endosed so that there is no outdoor unloading activity and the trucks back up to a sealed lock area. 25. A maximum 12 foot high block wall to screen for noise and visual impacts must be constructed at the loading docks in order to protect the residential uses to the east and south of this property from noise and nuisance activity. Building G, H, and L Architecture 26. Project design is approved for Buildings G, H, and L in concept and are to be refined with staff prior to submittal into plan check. Should no resolution be achieved, these are to be brought back to Planning Commission for final approval. B. Public Works Aaencv Prior to site plan approval, complete the following: 1. Revise the site plan to note trash compactor locations proposed for Wal*mart are not final and shall be revised for the approval of Public Works Agency and Planning and Building Agency prior to approval of the Wal*mart building pennit. 2. Revise the site plan to note the raised Harbor Boulevard median and pocket and island shall be modified. 3 Revise the site plan to note the traffic signal of Harbor and McFadden will be modified and relocated. 4 Revise the site plan to note new street trees shall be planted on Harbor Boulevard and McFadden Avenue. 5. Revise the site plan to note all utilities shall be relocated to be no doser than 10 feet to any driveway. Prior to issuance of a building pennit, complete the following: 1. Pay cash payment of $5,000.00 towards future traffic signal installation at McFadden Avenue and Jackson Street. Exhibit B Page 4 of 7 31A-73 Prior to release of utilities, complete the following: 1. Dedicate a 25' X 25' comer cut-off at the comer of Harbor Boulevard and McFadden Avenue. 2 Dedicate a traffic signal easement at the McFadden Avenue main driveway entrance, as per approved traffic signal plans. 3 Dedicate two bus tum-outs area on McFadden Avenue, as per approved improvement plan. 4 Dedicate wheelchair ramps access at the signalized drive approach on McFadden Avenue, as per approved improvement plan. 5 The dedication deeds and easements must be prepared by the developer's engineer or licensed Land Surveyor and submitted to the Public Works Agency for checking. 6 Harbor Boulevard a) Modify the existing median island and pocket for south bound left turn into the project site per improvement plan. b) Construct right turn lane including curb, gutter, pavement and 10' wide sidewalk as per approved improvement plan. c) Construct a 35' radius curb return at the southeast comer of Harbor Boulevard and McFadden Avenue, including sidewalk, and wheelchair ramp per approved improvement plan. d) Relocate and modify traffic signal at intersection of McFadden Avenue and Harbor Boulevard as per approved traffic signal plan. e) Relocate utility boxes, poles and meters for new right hand turn lane, new 35' curb radius and new drive approaches. ~ Pave Harbor Boulevard to good edge of pavement, per approved improvement plan. g) Construct northerly drive approach per City Standard #1112, Case 2, (W=35', A=45', X=3') and per approved improvement plan. h) Construct southerly drive approach per City Standard #1112, Case 2 (W=32', A=42', X=3') and per approved improvement plan. Exhibit B Page 50f7 31A-74 i) Relocate pull box, Southern California Edison vault, all other utility boxes, utility poles and utility meters within 10' from the proposed drive approaches. j) Install pavement striping and signage as per approved channelization plan. k) Install "NO STOPPING ANYTIME" zone. I) Relocate power poles as per approved improvement plan. m) Construct and relocate ornamental street lights as per approved improvement plan. n) Close existing drive approaches with curb, gutter and full width sidewalk. 0) Construct street tree wells and plant minimum 24 inch box trees per City Standard #1124 at locations in accordance with approved improvement plans. 7. McFadden Avenue a) Construct signalized drive approach (W=56') and 25' curb radii with two wheelchair ramps per approved improvement plan. b) Construct drive approach near garden center per City Standard #1112, Case 2 (W=32', A=42', X=3') and per approved improvement plan. c) Construct most easterly drive approach per City Standard #1112, Case 2 (W=40', A=50', X=3') and per approved improvement plan. d) Remove existing sidewalk and construct new full width 10' wide sidewalk per approved improvement plan. e) Remove existing curb and gutter and construct new curb and gutter per approved improvement plan. f) Remove existing paving and construct new paving to street centerline per approved improvement plan. g) Construct new landscaped medians per approved improvement plan. Exhibit B Page 6of7 31A-75 h) Install new traffic signal at the main driveway entrance per approved traffic signal plans. i) Install pavement striping and signage as per approved channelization plan. j ) Install school crossing signs per approved improvement plan. k) Install "NO STOPPING ANYTIME" zone. 1) Close existing driveways with sidewalk curb and gutter. m) Construct two bus turnouts and 12' X 80' P.C.C. bus pad, as per approved improvement plan. (See Exhibit "A"). n) Construct street tree wells and plant all new minimum 24 inch box trees per City Standard #1124 at locations in accordance with approved improvement plans. 0) Furnish ornamental street lighting with underground service as directed by the City Engineer. C. Police Department 1 . The applicant shall provide/employ two uniformed state licensed security officer for the parking area. The officer shall be on duty anytime there are employees or patrons onsite. The applicant shall provide the officers with a form of transportation that will enable them to access all areas of the site quickly. The security officers employed by the applicant shall first be approved by the Chief of Police, or his designate, before Certificate of Occupancy is approved. 2. The Conditional Use Pennit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. Exhibit B Page 7 of7 31A-76 REQUEST FOR COUNCIL ACTION ~-~ ~ ~ CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2005 TITLE: VARIANCE NOS. 2005-13, 2005-17 THROUGH 2005-21, 2005-26 THROUGH 2005-47, 2005-49 THROUGH 2005-52 AND 2005-57 THROUGH 2005- 60 TO ALLOW A SECOND DRIVEWAY AND WIDER DRIVEWAYS AT VARIOUS PROPERTIES WITHIN THE 2000 BLOCK OF ELDER AND LA VERNE AVENUES AND TO ALLOW A WIDER DRIVEWAY AND CIRCULAR DRIVEWAY AT 2425 WEST ELDER AVENUE (NOTE CITY AS APPLICANT ON BEHALF OF PRO~(j ~~ , A ~~a<-.. CITY MANAGER ---- RECOMMENDED ACTION Receive and file the staff report: CLERK OF COUNCIL USE ONLY: 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 1. Denying Variance No. 2005-13(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-13(b) to allow a driveway that exceeds the width of the garage at 2305 West Elder Avenue. 2. Denying Variance No. 2005-17(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-17(b) to allow a driveway that exceeds the width of the garage at 2225 West Elder Avenue. 3. Denying Variance No. 2005-18(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-18(b) to allow a driveway that exceeds the width of the garage at 2229 West Elder Avenue. 4. Denying Variance No. 2005-19(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-19(b) to allow a driveway that exceeds the width of the garage at 2301 West Elder Avenue. 5. Denying Variance No. 2005-20(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-20(b) to allow a driveway that exceeds the width of the garage at 2302 West Elder Avenue. 318-1 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 September 6, 2005 Page 2 6. Denying Variance No. 2005-21(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-21(b) to allow a driveway that exceeds the width of the garage at 2306 West Elder Avenue. 7. Denying Variance No. 2005-26(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-26(b) to allow a driveway that exceeds the width of the garage at 2202 West La Verne Avenue. 8. Denying Variance No. 2005-27(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-27(b) to allow a driveway that exceeds the width of the garage at 2205 West La Verne Avenue. 9. Denying Variance No. 2005-28(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-28(b) to allow a driveway that exceeds the width of the garage at 2217 West La Verne Avenue. 10. Denying Variance No. 2005-29(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-29(b) to allow a driveway that exceeds the width of the garage at 2218 West La Verne Avenue. 11. Denying Variance No. 2005-30(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-30(b) to allow a driveway that exceeds the width of the garage at 2221 West La Verne Avenue. 12. Denying Variance No. 2005-31(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-31(b) to allow a driveway that exceeds the width of the garage at 2225 West La Verne Avenue. 13. Denying Variance No. 2005-32(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-32(b) to allow a driveway that exceeds the width of the garage at 2229 West La Verne Avenue. 318-2 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 September 6, 2005 Page 3 14. Denying Variance No. 2005-33(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-33(b) to allow a driveway that exceeds the width of the garage at 2301 West La Verne Avenue. 15. Denying Variance No. 2005-34(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-34(b) to allow a driveway that exceeds the width of the garage at 2302 West La Verne Avenue. 16. Denying Variance No. 2005-35(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-35(b) to allow a driveway that exceeds the width of the garage at 2305 West La Verne Avenue. 17. Denying Variance No. 2005-36(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-36(b) to allow a driveway that exceeds the width of the garage at 2306 West La Verne Avenue. 18. Denying Variance No. 2005-37(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-37(b) to allow a driveway that exceeds the width of the garage at 2322 West La Verne Avenue. 19. Denying Variance No. 2005-38(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-38(b) to allow a driveway that exceeds the width of the garage at 2325 West La Verne Avenue. 20. Denying Variance No. 2005-39(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-39(b) to allow a driveway that exceeds the width of the garage at 2405 West La Verne Avenue. 21. Denying Variance No. 2005-40(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-40(b) to allow a driveway that exceeds the width of the garage at 2406 West La Verne Avenue. 318-3 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 September 6, 2005 Page 4 22. Denying Variance No. 2005-41(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-41(b) to allow a driveway that exceeds the width of the garage at 2413 West La Verne Avenue. 23. Denying Variance No. 2005-42(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-42(b) to allow a driveway that exceeds the width of the garage at 2414 West La Verne Avenue. 24. Denying Variance No. 2005-43(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-43(b) to allow a driveway that exceeds the width of the garage at 2417 West La Verne Avenue. 25. Denying Variance No. 2005-44(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-44(b) to allow a driveway that exceeds the width of the garage at 2421 West La Verne Avenue. 26. Denying Variance No. 2005-45(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-45(b) to allow a driveway that exceeds the width of the garage at 2422 West La Verne Avenue. 27. Denying Variance No. 2005-46(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-46(b) to allow a driveway that exceeds the width of the garage at 2425 West La Verne Avenue. 28. Denying Variance No. 2005-47(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-47(b) to allow a driveway that exceeds the width of the garage at 2429 West La Verne Avenue. 29. Denying Variance No. 2005-49(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-49(b) to allow a driveway that exceeds the width of the garage at 2313 West Elder Avenue. 318-4 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 September 6, 2005 Page 5 30. Denying Variance No. 2005-50 (a) to allow a circular driveway and approving Variance No. 2005-50(b) to allow a driveway that exceeds the width of the garage at 2425 West Elder Avenue. 31. Denying Variance No. 2005-51(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-51(b) to allow a driveway that exceeds the width of the garage at 2426 West Elder Avenue. 32. Denying Variance No. 2005-52(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-52(b) to allow a driveway that exceeds the width of the garage at 2430 West Elder Avenue. 33. Denying Variance No. 2005-57(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-57(b) to allow a driveway that exceeds the width of the garage at 2202 West Elder Avenue. 34. Denying Variance No. 2005-58(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-58(b) to allow a driveway that exceeds the width of the garage at 2221 West Elder Avenue. 35. Denying Variance No. 2005-59(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-59(b) to allow a driveway that exceeds the width of the garage at 2326 West Elder Avenue. 36. Denying Variance No. 2005-60(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-60(b) to allow a driveway that exceeds the width of the garage at 2329 West Elder Avenue. PLANNING COMMISSION ACTION On August 22, 2005, the Planning Commission denied the variance request for driveways not leading to a garage ( second driveway), approved the variance request for driveways exceeding the width of the garage (wider driveways), and denied the variance request for a circular driveway at 318-5 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 September 6, 2005 Page 6 2425 West Elder Avenue by a vote of 5:2 (Leo and Nalle opposed). The variance to allow driveways to exceed the width of the garage was approved with the condition that the width of the primary driveway not exceed 20 feet. A typical four foot walkway would be permitted in addition to the 20 foot maximum driveway width. After receiving public testimony, the Planning Commission determined that allowing second driveways would actually remove on-street parking where these additional driveway cuts would occur and set a bad precedence if allowed in single family neighborhoods. The Commission also determined that under the circumstances of this particular case, allowing driveways up to 20 feet wide would sufficiently increase on-site parking, thus compensating for the fact that these properties were built with a one car garage under County design standards. The Planning Commission recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. . Trevino e utive Director PI nning & Building Agency BA:rb ba\reports200S\va La Verne driveway cc 9 6 05 318-6 REQUEST FOR Planning Commission Action /~~fIfi:\ r!.~ 1.!~ ~~~~) ,: t\,-,callOn 1...., /,~'~" ~((!', Y ~~ PLANNING COMMISSION MEETING DATE: AUGUST 22, 2005 TITLE: PUBLIC HEARING - VARIANCE NOS. 2005-13, 2005-17 THROUGH 2005-21, 2005-26 THROUGH 2005-47, 2005-49 THROUGH 2005-52 AND 2005-57 THROUGH 2005-60 TO ALLOW A SECOND DRIVEWAY AND WIDER DRIVEWAYS AT VARIOUS PROPERTIES WITHIN THE 2000 BLOCK OF ELDER AND LA VERNE AVENUES AND TO ALLOW A WIDER DRIVEWAY AND CIRCULAR DRIVEWAY AT 2425 WEST ELDER AVENUE (NOTE CITY AS APPLICANT ON BEHALF OF PROPERTY OWNERS) Prepared by Bill Apple PLANNING COMMISSION SECRETARY APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~ ~ .--/'~ RECWME::::V::~I:~ 4~ ~.~-uL Planni 9 Ma ger Adopt the following resolutions: 1. Denying Variance does not lead to allow a driveway Elder Avenue. 2. Denying Variance does not lead to allow a driveway Elder Avenue. 3. Denying Variance does not lead to allow a driveway Elder Avenue. 4. Denying Variance does not lead to allow a driveway Elder Avenue. 5. Denying Variance does not lead to allow a driveway Elder Avenue. No. 2005-13 (a) to allow a second driveway that a garage and approving Variance No. 2005-13(b) to that exceeds the width of the garage at 2305 West No. 2005-17 (a) to allow a second driveway that a garage and approving Variance No. 2005-17(b) to that exceeds the width of the garage at 2225 West No. 2005-18 (a) to allow a second driveway that a garage and approving Variance No. 2005-18(b) to that exceeds the width of the garage at 2229 West No. 2005-19 (a) to allow a second driveway that a garage and approving Variance No. 2005-19(b) to that exceeds the width of the garage at 2301 West No. 2005-20 (a) to allow a second driveway that a garage and approving Variance No. 2005-20(b) to that exceeds the width of the garage at 2302 West EXHIBIT A 31 B-7 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 2 6. Denying Variance No. 2005-21 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-21(b) to allow a driveway that exceeds the width of the garage at 2306 West Elder Avenue. 7. Denying Variance No. 2005-26(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-26(b) to allow a driveway that exceeds the width of the garage at 2202 West La Verne Avenue. 8. Denying Variance No. 2005-27 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-27(b) to allow a driveway that exceeds the width of the garage at 2205 West La Verne Avenue. 9. Denying Variance No. 2005-28 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-28(b) to allow a driveway that exceeds the width of the garage at 2217 West La Verne Avenue. 10. Denying Variance No. 2005-29 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-29(b) to allow a driveway that exceeds the width of the garage at 2218 West La Verne Avenue. 11. Denying Variance No. 2005-30 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-30(b) to allow a driveway that exceeds the width of the garage at 2221 West La Verne Avenue. 12. Denying Variance No. 2005-31 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-31(b) to allow a driveway that exceeds the width of the garage at 2225 West La Verne Avenue. 13. Denying Variance No. 2005-32 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-32(b) to allow a driveway that exceeds the width of the garage at 2229 West La Verne Avenue. 31 B-8 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 3 14. Denying Variance does not lead to allow a driveway La Verne Avenue. 15. Denying Variance does not lead to allow a driveway La Verne Avenue. 16. Denying Variance does not lead to allow a driveway La Verne Avenue. 17. Denying Variance does not lead to allow a driveway La Verne Avenue. 18. Denying Variance does not lead to allow a driveway La Verne Avenue. 19. Denying Variance does not lead to allow a driveway La Verne Avenue. 20. Denying Variance does not lead to allow a driveway La Verne Avenue. 21. Denying Variance does not lead to allow a driveway La Verne Avenue. No. 2005-33 (a) to allow a second driveway that a garage and approving Variance No. 2005-33(b) to that exceeds the width of the garage at 2301 West No. 2005-34 (a) to allow a second driveway that a garage and approving Variance No. 2005-34(b) to that exceeds the width of the garage at 2302 West No. 2005-35 (a) to allow a second driveway that a garage and approving Variance No. 2005-35(b) to that exceeds the width of the garage at 2305 West No. 2005-36 (a) to allow a second driveway that a garage and approving Variance No. 2005-36(b) to that exceeds the width of the garage at 2306 West No. 2005-37 (a) to allow a second driveway that a garage and approving Variance No. 2005-37(b) to that exceeds the width of the garage at 2322 West No. 2005-38 (a) to allow a second driveway that a garage and approving Variance No. 2005-38(b) to that exceeds the width of the garage at 2325 West No. 2005-39(a) to allow a second driveway that a garage and approving Variance No. 2005-39(b) to that exceeds the width of the garage at 2405 West No. 2005-40 (a) to allow a second driveway that a garage and approving Variance No. 2005-40(b) to that exceeds the width of the garage at 2406 West 31 B-9 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 4 22. Denying Variance does not lead to allow a driveway La Verne Avenue. 23. Denying Variance does not lead to allow a driveway La Verne Avenue. 24. Denying Variance does not lead to allow a driveway La Verne Avenue. 25. Denying Variance does not lead to allow a driveway La Verne Avenue. 26. Denying Variance does not lead to allow a driveway La Verne Avenue. 27. Denying Variance does not lead to allow a driveway La Verne Avenue. 28. Denying Variance does not lead to allow a driveway La Verne Avenue. 29. Denying Variance does not lead to allow a driveway Elder Avenue. No. 2005-41 (a) to allow a second driveway that a garage and approving Variance No. 2005-41(b) to that exceeds the width of the garage at 2413 West No. 2005-42 (a) to allow a second driveway that a garage and approving Variance No. 2005-42(b) to that exceeds the width of the garage at 2414 West No. 2005-43 (a) to allow a second driveway that a garage and approving Variance No. 2005-43(b) to that exceeds the width of the garage at 2417 West No. 2005-44 (a) to allow a second driveway that a garage and approving Variance No. 2005-44(b) to that exceeds the width of the garage at 2421 West No. 2005-45 (a) to allow a second driveway that a garage and approving Variance No. 2005-45(b) to that exceeds the width of the garage at 2422 West No. 2005-46 (a) to allow a second driveway that a garage and approving Variance No. 2005-46(b) to that exceeds the width of the garage at 2425 West No. 2005-47 (a) to allow a second driveway that a garage and approving Variance No. 2005-47(b) to that exceeds the width of the garage at 2429 West No. 2005-49 (a) to allow a second driveway that a garage and approving Variance No. 2005-49(b) to that exceeds the width of the garage at 2313 West 31 B-1 0 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 5 30. Denying Variance No. 2005-50 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-50(b) to allow a driveway that exceeds the width of the garage at 2425 West Elder Avenue. 31. Denying Variance No. 2005-51 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-51(b) to allow a driveway that exceeds the width of the garage at 2426 West Elder Avenue. 32. Denying Variance No. 2005-52 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-52(b) to allow a driveway that exceeds the width of the garage at 2430 West Elder Avenue. 33. Denying Variance No. 2005-57 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-57(b) to allow a driveway that exceeds the width of the garage at 2202 West Elder Avenue. 34. Denying Variance No. 2005-58 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-58(b) to allow a driveway that exceeds the width of the garage at 2221 West Elder Avenue. 35. Denying Variance No. 2005-59 does not lead to a garage and allow a driveway that exceeds Elder Avenue. (a) to allow a second driveway that approving Variance No. 2005-59 (b) to the width of the garage at 2326 West 36. Denying Variance No. 2005-60 does not lead to a garage and allow a driveway that exceeds Elder Avenue. (a) to allow a second driveway that approving Variance No. 2005-60 (b) to the width of the garage at 2329 West DISCUSSION Request of Applicants Fourteen property owners on West Elder Avenue and 22 property owners on West La Verne Avenue are each requesting approval of a variance to allow a second driveway on their property that does not lead to a garage, and 31 B-11 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 6 a second variance to allow the width of the primary driveway to exceed the width of the garage. The property at 2425 West Elder Avenue is requesting a variance to allow a circular driveway and a driveway width wider than the garage. The properties in question are located at 2305, 2225, 2229, 2301, 2302, 2306, 2313, 2425, 2426, 2430, 2202, 2221, 2326 and 2329 West Elder Avenue and 2202, 2205, 2217, 2218, 2221( 2225, 2229, 2301, 2302, 2305, 2306, 2322, 2325, 2405, 2406, 2413, 2414, 2417, 2421, 2422, 2425, and 2429 West La Verne Avenue (Exhibit 1) These requests have been submitted because the City will soon be re-constructing the street, curbs, gutters and sidewalks within this New Horizons neighborhood. This work will replace the existing rolled curb with the standard vertical curb and drive approach. Property Description The properties are located in a residential neighborhood in the 2000 block of West Elder and La Verne Avenues between Sullivan Street on the west and Center Street on the east. The properties are part of the New Horizons Neighborhood and are surrounded by other single-family homes. The neighborhood is zoned Single-Family Residential (R-1), with a General Plan Designation of Low Density Residential (LR-7). Each property has 60 feet of street frontage and a lot size of 7,380 square feet. The two blocks consist of 84 properties. Twenty-one of these properties currently have two driveways and 59 properties currently have driveways that exceed the width of their garage. Staff has researched the permit history of each property and has determined that permits were issued to allow a two car garage and/or carports at 2205, 2314, 2218, 2321 and 2421 West Elder and 2318 and 2430 West La Verne Avenues. The permits issued for the garage and carports had the effect of allowing a second driveway to be constructed to access these structures. Accordingly, the properties at 2205, 2314, 2218, 2321 and 2421 West Elder and 2318 and 2430 West La Verne Avenues are legal nonconforming and do not require a variance for driveway width or for a second driveway on their property. Project Description Beginning several years ago the City was approached by residents of the New Horizons neighborhood to gain assistance in addressing several areas of concern. After extensive public outreach and the participation of an 31 B-12 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 7 inter-departmental team of City staff, the neighborhood representatives concluded that improving the area's streets and storm drain system would begin to address their concerns. As a result of the neighborhood's request, the project was added to the City's Capital Improvement Program. As designed, improvements will include replacing existing rolled curbs with standard curbs and gutters, and constructing new storm drains, pavement, drive approaches and sidewalks. In order to allow for the street and drainage improvements, the existing rolled curb would need to be removed and replaced with standard vertical curbs. Vertical curbs will render the secondary driveways inaccessible. Upon physical inspection of the proj ect area, it was discovered that some homes had two driveways and that many of these driveways did not lead to a garage. In addition, there were driveways that were wider than that allowed by the City's Municipal Code. On May 11, 2005 a letter was sent by the City to all owners whose property would be affected by the proposed street improvement project (Exhibi t 2). The letter indicated that those residents whose property had more than one driveway were not in conformance with the Santa Ana Municipal Code (SAMC) and that the only avenue available to them to seek relief from this code section would be the request for a variance. Residents seeking a variance were asked to submit applications. In an effort to ensure that all properties were notified, a second letter was sent to property owners on August 2, 2005. To date, 14 residents on West Elder Avenue and 22 residents on West La Verne Avenue have submitted variance applications to keep the second dri veway approach (Variance "A") and for a wider driveway (Variance "B") . One resident at 2425 West Elder Avenue has submitted a variance application to allow a circular driveway on their property. Analysis of the Issues This proj ect was continued by the Planning Commission at its July 25, 2005 meeting. At that meeting, six residents on Elder Avenue had requested variances for a second driveway and for driveways that exceeded the width of their garage. Since the July 25, 2005 hearing, the City has received an additional 30 variance applications from residents on Elder and La Verne Avenues requesting wider driveways and 31 B-13 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 8 second driveways on their property. The property owner at 2425 West Elder Avenue is requesting a variance to allow a wider driveway and a circular driveway on their property. The 30 new variance applications have been combined with the original six applications so that the Commission may consider all the requests in a timely manner while preventing additional delays to the pending street improvement project. At the July 25, 2005 meeting the Commission asked staff to investigate, how many streets remain in the City with rolled curbs, if a permit parking program could be initiated in the neighborhood, and if the City had experienced similar situations on other street improvement projects. The Public Works Agency indicated that this is an unusual circumstance and that there are few neighborhoods remaining in the City with this condition. With regards to creating a permit parking district within the New Horizons neighborhood ( a representative of the Public Works Agency attended the New Horizon's neighborhood meeting on July 20, 2005. Parking permit programs are most effective when parking intrusion from a project outside the neighborhood begins to impact the parking supply in the area. As the maj ori ty of the cars parked on the street are generated by the residents of the neighborhood, the parking permit program may not be effective in addressing this concern; however, the program could limit the number of parking passes that each house would receive. To date the neighborhood has not approached the City to further explore this option. Santa Ana Municipal Code Section 41-239 (c) requires that driveways in the R-1 zoning district lead to a garage and that driveways not exceed the width of the garage. This code requirement has the effect of limiting the amount of pavement within a front yard setback, resulting in increased landscaping, less pavement and a more aesthetic streetscape for the neighborhood. Houses in this neighborhood were annexed from the County in April 1959 and were constructed with a one car garage and rolled curbs under the design standards of unincorporated Orange County. The rolled curbs and sub-standard flow line caused drainage problems in the area. An unintended consequence of the rolled curbs has also allowed residents to drive onto their property, which has led to second driveways and widened driveway areas (Exhibit 3). The additional pavement areas are used by residents to park their vehicles and in most cases were constructed without appropriate City permits. A major component of the street improvement proj ect will be to replace the rolled curbs with vertical curbs and gutters, which will preclude access to the second driveway. 31 B-14 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 9 Table 1 below provides information for the properties pursuing variances on their property: Table 1 Pavement Width of Current Currently Driveway Address/VA # Garage Second Exceeds Driveway Garage 1 st 2nd Width 2305 West Elder Yes 1 Car Yes Yes 15~ ft. 12~ ft. - VA No. 2005-13 a & b 2225 West Elder Yes 1 Car Yes Yes 17 ft. 9 ft. - VA No. 2005-17 a & b 2229 West Elder Yes 1 Car Yes Yes 18~ ft. 13 ft. - VA No. 2005-18 a & b 2301 West Elder Yes 1 Car Yes Yes 13 ft. 11~ ft. b - VA No. 2005-19 a & 2302 West Elder Yes 1 Car Yes No 12 ft. 8 ft. - VA No. 2005-20 a & b 2306 West Elder Yes - 1 Car Yes Yes 17~ ft. 8~ ft. VA No. 2005-21 a & b 2313 West Elder Yes 1 Car Yes No 10 ft. N/A - VA No. 2005-49 a & b 2425 West Elder Yes 1 Car No No 8 ft. N/A - VA No. 2005-50 a & b 2426 West Elder Yes 1 Car No No 8 ft. N/A b - VA No. 2005-51 a & 2430 West Elder VA No. 2005-52 a & b Yes - 1 Car No No 8 ft. N/A (corner) 2202 West Elder Yes - 2 Car ft. ft. VA No. 2005-57 b converted Yes No 11 11 a & 2221 West Elder Yes 1 Car ft. N/A - No No 8 VA No. 2005-58 a & b 2326 West Elder No ft. N/A VA No. 2005-59 a & b converted No Yes 22 2329 West Elder Yes ft. N/A - 1 Car No Yes 17 VA No. 2005-60 a & b 2202 West La Verne Yes - 2 Car VA No. 2005-26 a & b converted No Yes 27~ ft. N/A (corner) 31 B-15 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 10 Pavement Width of Current Currently Driveway Address/VA # Garage Second Exceeds Driveway Garage 1 st 2nd Width 2205 West La Verne Yes 1 Car No Yes 22 ft. N/A VA No. 2005 27 a & b 2 Car - Rear 2217 West La Verne Yes - 1 Car No No 8 ft. N/A VA No. 2005 28 a & b 2218 West La Verne Yes - 1 Car Yes Yes 16~ ft. 8~ ft. VA No. 2005 29 a & b 2221 West La Verne Yes - 1 Car No Yes 18 ft. N/A VA No. 2005 30 a & b 2225 West La Verne Yes - 1 Car No Yes 19 ft. N/A VA No. 2005 31 a & b 2229 West La Verne rear garage No No 9 ft. N/A VA No. 2005 32 a & b 2301 West La Verne Yes - 1 Car No Yes 18~ ft. N/A VA No. 2005 33 a & b 2302 West La Verne Yes - 1 Car No Yes 19~ ft. N/A VA No. 2005 34 a & b 2305 West La Verne Yes - 1 Car Yes No 8 ft. 6~ ft. VA No. 2005 35 a & b 2306 West La Verne Yes - 1 Car No Yes 17~ ft. N/A VA No. 2005 36 a & b 2322 West La Verne No No Yes 28~ ft. N/A VA No. 2005 37 a & b converted 2325 West La Verne Yes - 1 Car No Yes 20 ft. N/A VA No. 2005 38 a & b 2405 West La Verne No No Yes 18 ft. N/A VA No. 2005 39 a & b converted 2406 West La Verne Yes - 2 Car No Yes 23 ft. N/A VA No. 2005 40 a & b in rear 2413 West La Verne Yes - 1 Car No Yes 18 ft. N/A VA No. 2005 41 a & b 2414 West La Verne No No Yes 16~ ft. N/A VA No. 2005 42 a & b converted 2417 West La Verne No No Yes 16~ ft. N/A VA No. 2005 43 a & b converted 2421 West La Verne No No Yes 14~ ft. N/A VA No. 2005 44 a & b converted 31 B-16 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 11 Pavement Width of Current Currently Driveway Address/VA # Garage Second Exceeds Driveway Garage 1 st 2nd Width 2422 West La Verne Yes 1 Car No Yes 17~ ft. N/A - VA No. 2005-45 a & b 2425 West La Verne Yes 1 Car No Yes 18 ft. N/A - VA No. 2005-46 a & b 2429 West La Verne Rear - 2 b car ft. 13 ft. VA No. 2005-47 a & converted Yes Yes 18 (corner) 25 I-Car Yes 11 Yes 26 - - Totals 6 2-Car - - No - 25 No - 10 9 converted As shown on Table 1, 11 properties have constructed a second driveway in violation of City codes. Twenty-five others do not currently have second driveways on their property; however, the applications submitted to the City are requesting a variance to allow a second driveway on their property (Variance "A"). Table 1 also shows that 26 properties currently have driveway widths that exceed the widths of the garage (Variance "B"). Ten other properties have driveway widths that comply with SAMC standards. These 10 properties are also requesting a variance to allow wider driveways. The table also shows that driveway widths vary from one property to another. The driveway labeled "18t" on the chart is the primary driveway that leads to the original garage. Table 1 only shows the 36 properties that have applied for variances. If all 84 properties in the 2000 block of Elder and La Verne Avenues are evaluated, there are 21 properties with existing second driveways. Seven second driveways have been determined to be legal based upon permits that have been issued by the City. If the remaining 14 driveways were eliminated, this would free up new on-street parking for approximately 8 to 10 vehicles. There is no evidence in the city's permit records that either wider driveways or second driveways were ever legally permitted on the subject properties shown in Table 1. State law requires that specific findings be made in order to approve a variance that waives standards of the City's zoning code. One finding that must be made is that there are special circumstances relating to 31 B-17 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 12 slze, shape, topography, location or surroundings that would prevent these properties from meeting current Municipal Code requirements. The properties in question are large rectangular lots that have room in the rear yard to construct a two car garage. There is 8 to 10 feet between the houses and side property lines that could be used to access a garage, if one was constructed in the rear yard. The construction of a two car garage would provide at least four on-site parking spaces, which would meet City parking requirements for single-family residences. Because the subject properties have the ability to meet Municipal Code parking requirements, there are no special circumstances relating to size, shape, topography, location or surroundings that would warrant a variance from the City's zoning code. Therefore, staff recommends that the Planning Commission deny the variance request for a second driveway on the property. The second issue at odds with the City Code pertains to the width of the primary driveway on the property, which is the driveway leading to the original garage. After substantial further review, staff is recommending that the Commission approve the variance request to allow the width of the primary driveway to exceed the width of the garage. However, staff is also recommending that the Commission limit the width of the primary driveway to 20 feet, which is the standard interior width dimension of a two car garage. A typical four foot walkway would be permitted in addition to this 20 foot driveway width to allow a paved walking surface around parked cars and while also encouraging better landscape maintenance. A wider driveway would be permitted for those properties who have applied for a variance even though some properties do not at present have a wider driveway constructed on their property. The properties on Elder and La Verne Avenues were annexed from the County in April 1959 and were built as two bedroom homes with a one car garage and rolled curbs as part of original construction. Because these properties were built under County jurisdiction with only a one car garage, there is not enough on-site parking to meet current City parking requirements. This reduced on-site parking deprives the subject properties of privileges afforded other single-family homes in the City that were built with two car garages and wider driveways that can park additional vehicles. The variance requested for a wider driveway would allow three to four cars to be parked on site bringing the properties into closer compliance with City parking requirements, which meets the intent of the City's parking code. Allowing 20-foot wide driveways, in keeping with other single-family homes in the City, is necessary for the preservation of the property owners' substantial property rights. 31 B-18 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 13 The final variance request is to allow a wider driveway and a circular driveway for the property located at 2425 West Elder Avenue. The City's design standards state that all single-family residential development shall have only one driveway curb cut except when the property has more than 60 feet of frontage and the front setback is more than 25 feet. In such case, a circular driveway is allowed provided that an adequate turning radius and reasonable front yard setback and landscaping is incorporated. The property in question does not exceed 60 feet of street frontage and does not meet the front yard setback requirement of 25 feet. The purpose of the 25-foot setback requirement is to provide additional front yard landscape area to offset the additional pavement that would occur with a circular driveway. Since findings can not be made to support a circular driveway, staff recommends that the Commission deny the variance request. On August 17, 2005, senior staff from the Planning and Building Agency and the Public Works Agency met with the Board of the New Horizons neighborhood association to discuss this matter. This meeting resulted in a productive discussion that lead to the development of staff's recommendation to allow the widening of the primary driveways. The representatives of the board indicated at the meeting that this solution represented a good middle ground and would address their concerns about providing for adequate off-street parking, as well as facilitating the desired street improvements. Based upon the above analysis and findings (Exhibits 4, 5 and 6) staff is recommending that the Commission approve the variance request for a wider primary driveway, as conditioned (Exhibit 7), deny the variance request for a second driveway that does not lead to a garage and for a circular driveway at 2425 West Elder Avenue. Staff has also prepared two alternative actions for the Commission to consider: ALTERNATIVE 1 Approve the variance request for a second driveway and deny the variance request for driveways exceeding the width of the garage. Should the Commission choose this alternative the variance would allow those owners who have applied to construct a second driveway while denying the variance request for a primary driveway wider than the garage. This would be permitted even though many properties do not at 31 B-19 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 14 present have a second driveway constructed on their property. Residents with driveway widths that exceed the width of the garage would be asked to remove this excess pavement unless it had been previously permitted by the City. Should the Commission choose this alternative, staff would recommend that the entire second driveway be limited to a location within 15 feet of the side property line opposite the primary driveway. Staff recommends that the width of the secondary driveway be limited to 10 feet. ALTERNATIVE 2 Approve the variance request for a primary driveway that exceeds the width of the garage, and approve the variance for a driveway that does not lead to a garage (second driveway) as requested by the applicants. Should the Commission choose this alternative, the variance would allow those owners who have applied to construct a second driveway and to have a driveway that exceeds the width of their garage. This would be permitted even though many properties do not at present have a second driveway or a wider driveway constructed on their property. Applicants who driveway beyond driveways. have constructed a second driveway and widened their the width of their garage would be allowed to keep those Should the Commission choose this al ternati ve, staff would recommend that the entire second driveway be limited to a location within 15 feet of the side property line opposite the primary driveway. Staff would also recommend that the width of the secondary driveway be limited to 10 feet. In addition, since the standard interior dimensions of a two car garage are 20 feet wide by 20 feet, staff would recommend that the width of the primary driveway be 1 imi ted to 20 feet. A typical four foot walkway would be permitted in addition to this 20 foot driveway width to allow a paved walking surface around parked cars and while also encouraging better landscape maintenance. 31 B-20 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 15 CEQA Compliance This proj ect was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair and maintenance of existing public or private structures, or topographical features involving negligible or no expansion of use beyond that existing at the time of determination. Categorical Exemption Environmental Review No. 2005-145 will be filed for this project. ~ '~.J.L Bill Apple Associate Planner BA:JM ba\reports2005\va La Verne driveway,082205,PC 31 B-21 ~~~." t=l;fL Vince Fregoso, AICP Senior Planner I I I' R1U Rl I LE!..J I I lB1...b1 II ~----\ \ I _1'+ "I"'~ 'w:mtST "'IR1 ------\~~l_-_-_)--~ ~ Rl II } ~.J:l 1.1 Rl I~ Rl I Rl ~Du -- g Rl R Rl Rl HIGHLAN T ( Rl ~ WISTEA ~ Rl K T, '$/ I Rl CUBBON ST. @[ 0 R3 R3 ;jE/' Rl m g I o - o Rl HARVARD ST. Rl Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM, COMMERCIAlIMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 R4 RE SD SP SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN ~ ~ VA 05-13 NEW HORIZON1S NEIGHBORHOOD ELDER AVENUE/LA VERNE AVENUE DRIVEWAY VARIANCES A rPi' - = 500 FEET l' = 1000 FEET P LAN N N G AND BUILD EXHIBIT 1 31 B-22 N G AGE N C Y MAYOR Miguel A. Pulido MAYOR PRO TEM Lisa Bist COUNCILMEMBERS Claudia C, Alvarez Carlos Bustamante Alberta D, Christy Mike Garcia Jose Solorio 1~l'r1 ~, ~ CITY MANAGER David N, Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E Healy CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O, Box 1988 Santa Ana, California 92702 May 11, 2005 Ms. Guadalupe R. Soto 2422 W. Elder Ave. Santa Ana, CA 92704 Dear Ms. Soto: Starting in late July 2005, the City will be constructing improvements on Elder Avenue, LaVerne Avenue and Borchard Avenue from Sullivan Street to Center Street and on Center Street from LaVerne Avenue to Edinger Avenue. These improvements include a new storm drain as well as new pavement, drive approaches, sidewalk and curb and gutter. One of the main components of this project is the replacement of the rolled curb on Elder and LaVerne with new curb and gutter. To facilitate the installation of the new curb and gutter, all the drive approaches must be removed. A survey of Elder and LaVerne has found more than one drive approach at multiple addresses. The City's Municipal Code allows for a single drive approach for each residence. The City will only be replacing those drive approaches that meet the requirements of the Municipal Code. Those residents having more than one driveway have the option of pursuing a variance for a second drive approach. If the variance is approved, the resident will be required to pull a permit for the proposed drive approach and will be required to pay all associated fees. Please be aware that variance requests are considered during a public hearing by the Planning Commission who have the sole authority to approve or deny such requests. If you would like to pursue this option, please contact Sergio Klotz at (714) 667-2796 for more information no later than June 1, 2005. If you have any questions or concerns regarding the proposed improvements, please don't hesitate to call me at (714) 647-5664. Sincerely, %~ Jason Gabriel Senior Civil Engineer 3m~Ti3 WILSHIRE I- VA VA VA VA VA VA ~ 05-47 05-46 05-44 05-43 05-41 05-39 a: A&B A&B A&B A&B A&B A&B li; 2429 2425 2421 2417 2413 2405 2401 z UJ 01- Ig~1 AVENUE <( a: IS.., ()C/l ~ ~ ~ ~ ~ ~ ~ ~ 05-38 05-35 05-33 05-32 05-31 05-30 05-28 05-27 A&B AaB A&B A&B A&B A&B A&B A&B 2329 2325 2321 2317 2313 2305 2301 2229 2225 2221 2217 2213 2205 2201 I- W W a: I- en LA VERNE AVENUE ';j VA VA VA VA ';j VA VA VA VA ... 05-45 05-42 05-40 05-37 ... 05-36 05-34 05.29 05-26 .. .. ... A&B A&B A&B A&B ... A&B A&B AaB A&B .2430 2426 2422 2418 2414 2406 2402 2330 2326 2322 2318 2314 2306 2302 2230 2226 2222 2218 2214 2206 2202 VA ';j VA ';j VA VA VA VA VA VA ';j ... 115-1S 05-11 ... 05-50 ... 05-60 .. 115-49 06-13 05-17 05-58 .. .. .... ... A&B .... 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AaB A&B A&B 2430 2426 2422 2418 2414 2406 2402 2330 2326 2322 2318 2314 2306 2302 2230 2226 2222 2218 2214 2206 2202 s I ~ G L E F A ~ I L Y R E I D E ~ I A l BORCHARD AVENUE a: w I- ~ r , r I EXISTING SECOND DRIVEWAYS 1m ~ NEW HORIZONS NEIGHBORHOOD ELDER AVENUE I LA VERNE AVENUE DRIVEWAY VARIANCES A GY' P LAN N N G AND B U L D N G AGE N C Y EXHIBIT 3 31 B~f24 WILSHIRE I- VA VA VA VA VA VA ~ 05-47 05-46 05-44 05-43 05-41 05-39 a: AIB AU AIB AlB AIB AIB ~ 2429 2425 2421 2417 2413 2405 z w 01- Ig~1 AVENUE <I: a: l::'il-' UlIl ~ ~ ~ ~ ~ ~ ~ ~ 05-38 05-35 05-33 05-32 05.31 05-30 05-28 05-27 AIB A&R AU A&R A&B AIB A&R AIB 2401 2329 2325 2321 2317 2313 2305 2301 2229 2225 ,2221 2217 2213 2205 2201 LA VERNE AVENUE ';j VA VA VA VA ';j VA VA VA VA ... 05-45 05-42 05-40 05.37 ... 05-36 05-34 05-29 05-26 .. .. ... AIB AIB AU AIB ... AU AlB AIB AlB 2430 2426 2422 2418 2414 2406 2402 2330 2326 2322 2318 2314 2306 2302 2230 2226 2222 2218 2214 2206 2202 VA ';j VA ii VA VA VA VA VA VA ';j ... 05-!8 ... 05.50 ... 05-60 .. 05-49 05-13 05"19 05-17 05-58 .. '" ... ... AIB ... AU A&R AIB AIB AIB AU A&R 2429 2425 2421 2417 2413 2405 2401 2329 2325 2321 2317 2313 2305 2301 2229 2225 2221 2217 2213 2205 2201 I- W W a: l- (/) ELDER AVENUE z ~ ::::i ..J :J oo VA VA VA ii VA VA ';j VA 05-52 05-51 05-59 ... 05-21 05-20 co 05-57 .. '" AIB ... A&B A&R ... AU A&R AU 2430 2426 2422 2418 2414 2406 2402 2330 2326 2322 2318 2314 2306 2302 2230 2226 2222 2218 2214 2206 2202 s I G L E F A M I L Y R E ( 0 E N J ( A l BORCHARD AVENUE a: w I- ~ I "\ r I EXISTING WIDER DRIVEWAYS 1m ~~~ NEW HORIZONS NEIGHBORHOOD ELDER AVENUE I LA VERNE AVENUE DRIVEWAY VARIANCES A rPI' P LAN N N G AND B U L D N G AGE N C Y 31 B~f25 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 1 of 2 DENY SECOND DRIVEWAY Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapteri The property ln question has sufficient lot width to provide access to a two car garage if constructed in the rear yard. The property has 60 feet of street frontage and 7,380 square feet of lot area, which exceeds the minimum R-1 lot standards of 50 feet of frontage and 6,000 square feet of lot size. There is approximately 10 feet between the house and side property lines that could be used to access a garage if constructed in the rear yard. There are no special circumstances relating to size, shape, topography, location or surroundings that would prevent this property from meeting current Municipal Code parking requirements, and therefore a second driveway would not deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; The applicants are requesting approval of a second driveway on their property so that they can park additional vehicles on their property. The property in question has an existing driveway. Addi tionally, this lot is larger than many properties in the City and has enough property to accommodate the construction of a two car garage in their rear yard, which would eliminate an existing legal nonconforming situation by bringing the property into compliance with City parking standards for single-family residential property. Because this property can meet City parking codes, the granting of the requested variance is not necessary for the preservation and enjoyment of one or more substantial property rights. EXHIBIT 4 31 B-26 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 2 of 2 C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property; Limiting the number of driveways on single-family property has the affect of limiting the amount of pavement within a front yard setback, resulting in increased landscaping and a more aesthetic streetscape for the neighborhood. The granting of a variance for a second driveway decreases the amount of landscaping in front of a house and increases the number of cars that are likely to be parked within the front yard setback, which is an area that would otherwise be landscaped. Less landscaping and additional paving would affect property values which would be detrimental to the public welfare and injurious to surrounding property owners. D. That the granting of a variance will not adversely affect the General Plan of the City; The granting of a variance for a second driveway would not adversely affect the General Plan of the City. The property in question is located within a Single-Family Residential neighborhood which is consistent with the General Plan Designation of Low Density Residential for the area. Driveways are ancillary to the primary residential use of the property and would have no affect on the General Plan of the City. 31 B-27 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 1 of 2 APPROVE DRIVEWAY WIDTH Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; The property in question was annexed from the County in April 1959 and was built as a two bedroom home with a one car garage and rolled curbs as part of original construction under County jurisdiction. Because this property was constructed with a one car garage, there is not enough parking to meet City parking requirements which deprives the subj ect property of privileges afforded other single-family homes in the City that were built with two car garages. The variance requested for a wider driveway would allow three to four cars to be parked on site bringing the property into closer compliance with City parking requirements which would meet the intent of the City's parking code. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; The applicant is requesting approval to widen their driveway beyond the width of their garage so that they can have a safe and secure place to park their private vehicles on their property. City parking standards for a single-family home require four parking spaces with two of those spaces provided in an enclosed garage. Since these properties were constructed with only a one car garage, the wider driveways are needed to provide additional on-site parking in keeping with other single-family homes in the City which is necessary for the preservation of their substantial property rights. 3~1f~258 Variance Nos. 05-13, 05-17 thru 05-21, 05-26 thru 05-47, 05-49 thru 05-52 and 05-57 thru 05-60 August 22, 2005 Page 2 of 2 C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property; Although increasing the width of the driveway beyond the width of the garage would increase the amount of pavement within the front yard setback, this property has 60 feet of street frontage which allows this increase in pavement to be offset by additional front yard landscaping. This additional landscaping would compensate for any increase in pavement and would therefore not be detrimental to the public welfare or injurious to surrounding property owners. D. That the granting of a variance will not adversely affect the General Plan of the City; The granting of a variance for wider driveways would not adversely affect the General Plan of the City. The property in question lS located within a Single-Family Residential neighborhood which is consistent with the General Plan Designation of Low Density Residential for the area. Driveways are ancillary to the primary residential use of the property and would have no affect on the General Plan of the City. 31 B-29 Variance No. 2005-50 August 22, 2005 Page 1 of 2 DENY CIRCULAR DRIVEWAY Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; The property in question has sufficient lot size, width and depth to accommodate a two car garage in the rear yard which would allow additional vehicles to be parked on-site and meet Ci ty Municipal Code requirements for parking. There are no special circumstances relating to size, shape, topography, location or surroundings that would prevent these properties from meeting current Municipal Code parking requirements wi thout the need of a circular driveway that does not comply with City code standards. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; The applicant is requesting approval of a variance to allow a circular driveway so that there is sufficient area for additional cars to be parked on the property. The property in question is larger than many properties in the City and can accommodate the construction of a two car garage in the rear yard. This would comply with City parking standards for single-family property. Because this property can meet City parking codes, the granting of the requested variance is not necessary for the preservation and enj oyment of one or more substantial property rights. EXHIBIT 6 31 B-30 Variance No. 2005-50 August 22, 2005 Page 2 of 2 C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property; Limiting the size of a driveway on single-family property affectively limits the amount of pavement within a front yard setback, resulting in increased landscaping and a more aesthetic streetscape for the neighborhood. The granting of a variance to allow a circular driveway decreases the amount of landscaping in front of a house and increases the number of cars that are likely to be parked within the front yard setback, which is an area that would otherwise be landscaped. Less landscaping and additional paving would affect property values which would be detrimental to the public welfare and injurious to surrounding property owners. D. That the granting of a variance will not adversely affect the General Plan of the City; The granting of a variance for a circular driveway would not adversely affect the General Plan of the City. The property in question is located within a Single-Family Residential neighborhood which is consistent with the General Plan Designation of Low Density Residential for the area. Driveways are ancillary to the primary residential use of the property and would have no affect on the General Plan of the City. 31 B-31 VARIANCE NOS. 05-13, 05-17 THRU 05-21, 05-26 THRU 05-47, 05-49 THRU 05-52 AND 05-57 THRU 05-60 AUGUST 22, 2005 PAGE 1 OF 1 Conditions for Approval The variance to allow the driveway to exceed the width of the primary garage 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 site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review. Failure to comply with each and every condition may result in the revocation of the site plan review approval. A. Planning Division 1. The width of the primary driveway shall not exceed 20 feet. The primary driveway is defined as that driveway which leads to the original one car garage. 3>s(U~Ti2 Attached hereto is a template used to prepare the resolutions for the following Variances: VARIANCE NUMBER ADDRESS Variance No. 2005-13 A & 8 2305 West Elder Avenue Variance No. 2005-17 A & 8 2225 West Elder Avenue Variance No. 2005-18 A & 8 2229 West Elder Avenue Variance No. 2005-19 A & 8 2301 West Elder Avenue Variance No. 2005-20 A & 8 2302 West Elder Avenue Variance No. 2005-21 A & 8 2306 West Elder Avenue Variance No. 2005-49 A & 8 2313 West Elder Avenue Variance No. 2005-50 A & 8 2425 West Elder Avenue Variance No. 2005-51 A & 8 2426 West Elder Avenue Variance No. 2005-52 A & 8 2430 West Elder Avenue Variance No. 2005-57 A & 8 2202 West Elder Avenue Variance No. 2005-58 A & 8 2221 West Elder Avenue Variance No. 2005-59 A & 8 2326 West Elder Avenue Variance No. 2005-60 A & 8 2329 West Elder Avenue Variance No. 2005-26 A & 8 2202 West La Verne Avenue Variance No. 2005-27 A & 8 2205 West La Verne Avenue Variance No. 2005-28 A & 8 2217 West La Verne Avenue Variance No. 2005-29 A & 8 2218 West La Verne Avenue Variance No. 2005-30 A & 8 2221 West La Verne Avenue Variance No. 2005-31 A & 8 2225 West La Verne Avenue Variance No. 2005-32 A & 8 2229 West La Verne Avenue Variance No. 2005-33 A & 8 2301 West La Verne Avenue 31 B-33 VARIANCE NUMBER ADDRESS Variance No. 2005-13 A & B 2305 West Elder Avenue Variance No. 2005-34 A & B 2302 West La Verne Avenue Variance No. 2005-35 A & B 2305 West La Verne Avenue Variance No. 2005-36 A & B 2306 West La Verne Avenue Variance No. 2005-37 A & B 2322 West La Verne Avenue Variance No. 2005-38 A & B 2325 West La Verne Avenue Variance No. 2005-39 A & B 2405 West La Verne Avenue Variance No. 2005-40 A & B 2406 West La Verne Avenue Variance No. 2005-41 A & B 2413 West La Verne Avenue Variance No. 2005-42 A & B 2414 West La Verne Avenue Variance No. 2005-43 A & B 2417 West La Verne Avenue Variance No. 2005-44 A & B 2421 West La Verne Avenue Variance No. 2005-45 A & B 2422 West La Verne Avenue Variance No. 2005-46 A & B 2425 West La Verne Avenue Variance No. 2005-47 A & B 2429 West La Verne Avenue 31 B-34 KO -08/23/05 RESOLUTION NO. 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING VARIANCE NO. rvariance number (a)l TO ALLOW A SECOND DRIVEWAY THAT DOES NOT LEAD TO A GARAGE AND APPROVING VARIANCE NO. rvariance number (b)l TO ALLOW A DRIVEWAY THAT EXCEEDS THE WIDTH OF THE GARAGE FOR THE PROPERTY LOCATED AT raddressl BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. rvariance number (a)l to allow a second driveway that does not lead to a garage and Variance No. rvariance number (b)l to allow a driveway that exceeds the width of the garage for the property located at raddressl. B. Variance No. rvariance number (a)l and Variance No. rvariance number 1Qll came before the Planning Commission on August 22, 2005 for a duly noticed public hearing. C. The Planning Commission determines that for Variance No rvariance number (a)l , to allow a second driveway that does not lead to a garage, the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have not been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The property in question has sufficient lot width to provide access to a two car garage if constructed in the rear yard. The property has 60 feet of street frontage and 7,380 square feet of lot area, which exceeds the minimum R-1 lot standards of 50 feet of frontage and 6,000 square feet of lot size. There is approximately 10 feet between the house and side property lines that could be used to access a garage if Resolution No. 2005-xx Page 1 of 5 31 B-35 constructed in the rear yard. There are no special circumstances relating to size, shape, topography, location or surroundings that would prevent this property from meeting current Municipal Code parking requirements, and therefore a second driveway would not deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The applicants are requesting approval of a second driveway on their property so that they can park additional vehicles on their property. The property in question has an existing driveway. Additionally, this lot is larger than many properties in the City and has enough property to accommodate the construction of a two car garage in their rear yard, which would eliminate an existing legal nonconforming situation by bringing the property into compliance with City parking standards for single-family residential property. Because this property can meet City parking codes, the granting of the requested variance is not necessary for the preservation and enjoyment of one or more substantial property rights. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Limiting the number of driveways on single-family property has the affect of limiting the amount of pavement within a front yard setback, resulting in increased landscaping and a more aesthetic streetscape for the neighborhood. The granting of a variance for a second driveway decreases the amount of landscaping in front of a house and increases the number of cars that are likely to be parked within the front yard setback, which is an area that would otherwise be landscaped. Less landscaping and additional paving would affect property values which would be detrimental to the public welfare and injurious to surrounding property owners. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of a variance for a second driveway would not adversely affect the General Plan of the City. The property in question is located within a Single-Family Residential neighborhood which is consistent with the General Plan Designation of Low Density Residential for the area. Resolution No. 2005-xx Page 2 of 5 31 B-36 Driveways are ancillary to the primary residential use of the property and would have no affect on the General Plan of the City. D. The Planning Commission determines that for Variance No. Ivariance number (b)l the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The property in question was annexed from the County in April 1959 and was built as a two bedroom home with a one car garage and rolled curbs as part of original construction under County jurisdiction. Because this property was constructed with a one car garage, there is not enough parking to meet City parking requirements which deprives the subject property of privileges afforded other single-family homes in the City that were built with two car garages. The variance requested for a wider driveway would allow three to four cars to be parked on site bringing the property into closer compliance with City parking requirements which would meet the intent of the City's parking code. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The applicant is requesting approval to widen their driveway beyond the width of their garage so that they can have a safe and secure place to park their private vehicles on their property. City parking standards for a single-family home require four parking spaces with two of those spaces provided in an enclosed garage. Since these properties were constructed with only a one car garage, the wider driveways are needed to provide additional on-site parking in keeping with other single-family homes in the City which is necessary for the preservation of their substantial property rights. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Resolution No. 2oo5-xx Page 3 of 5 31 B-37 Although increasing the width of the driveway beyond the width of the garage would increase the amount of pavement within the front yard setback, this property has 60 feet of street frontage which allows this increase in pavement to be offset by additional front yard landscaping. This additional landscaping would compensate for any increase in pavement and would therefore not be detrimental to the public welfare or injurious to surrounding property owners. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of a variance for wider driveways would not adversely affect the General Plan of the City. The property in question is located within a Single-Family Residential neighborhood which is consistent with the General Plan Designation of Low Density Residential for the area. Driveways are ancillary to the primary residential use of the property and would have no affect on the General Plan of the City. E. This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair and maintenance of existing public or private structures, or topographical features involving negligible or no expansion of use beyond that existing at the time of determination. Categorical Exemption Environmental Review No. 2005-145 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby: 1. Denies Variance No. rvariance number (a)1 to allow a second driveway that does not lead to a garage for the property located at Iaddressl 2. Approves Variance No. rvariance number (b)) to allow a driveway that exceeds the width of the garage for the property located at Jaddressl. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this day of August, 2005 by the following vote: AYES: NOES: Commissioners: Commissioners: Resolution No. 2005-xx Page 4 of 5 31 B-38 ABSENT: Commissioners: ABSTENTIONS: Commissioners: 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, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the Planning Commission of the City of Santa Ana on Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2005-xx Page 5 of 5 31 B-39 Conditions for Aooroval for Variance No. rvariance number (b )1 Variance No. rvariance number (b)l. to allow the driveway to exceed the width of the primary garage, 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 site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review. Failure to comply with each and every condition may result in the revocation of the site plan review approval. A. Plannina Division 1. The width of the primary driveway shall not exceed 20 feet. The primary driveway is defined as that driveway which leads to the original one car garage. Exhibit A 31 B-40 KO -08/24/05 RESOLUTION NO. 2005-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2005-50(A) TO ALLOW A CIRCULAR DRIVEWAY AND APPROVING VARIANCE NO. 2005-50(B) TO ALLOW A DRIVEWAY THAT EXCEEDS THE WIDTH OF THE GARAGE FOR THE PROPERTY LOCATED AT 2425 WEST ELDER AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2005-50(a) to allow a circular driveway and Variance No. 2005-50(b) to allow a driveway that exceeds the width of the garage for the property located at 2425 West Elder Avenue. B. Variance No. 2005-50(a) and Variance No. 2005-50(b) came before the Planning Commission on August 22,2005 for a duly noticed public hearing. C. The Planning Commission determines that for Variance No. 2005-50(a), to allow a circular driveway, the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have not been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The property in question has sufficient lot size, width and depth to accommodate a two car garage in the rear yard which would allow additional vehicles to be parked on-site and meet City Municipal Code requirements for parking. There are no special circumstances relating to size, shape, topography, location or surroundings that would prevent these properties from meeting current Municipal Code Resolution No. 2005-56 Page 1 of 5 31 B-41 parking requirements without the need of a circular driveway that does not comply with City code standards. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The applicant is requesting approval of a variance to allow a circular driveway so that there is sufficient area for additional cars to be parked on the property. The property in question is larger than many properties in the City and can accommodate the construction of a two car garage in the rear yard. This would comply with City parking standards for single-family property. Because this property can meet City parking codes, the granting of the requested variance is not necessary for the preservation and enjoyment of one or more substantial property rights. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Limiting the size of a driveway on single-family property affectively limits the amount of pavement within a front yard setback, resulting in increased landscaping and a more aesthetic streets cape for the neighborhood. The granting of a variance to allow a circular driveway decreases the amount of landscaping in front of a house and increases the number of cars that are likely to be parked within the front yard setback, which is an area that would otherwise be landscaped. Less landscaping and additional paving would affect property values which would be detrimental to the public welfare and injurious to surrounding property owners. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of a variance for a circular driveway would not adversely affect the General Plan of the City. The property in question is located within a Single-Family Residential neighborhood which is consistent with the General Plan Designation of Low Density Residential for the area. Driveways are ancillary to the primary residential use of the property and would have no affect on the General Plan of the City. D. The Planning Commission determines that for Variance No. 2005-50(b) the following findings, which must be established pursuant to Santa Ana Resofution No. 2005-56 Page 2 of 5 31 B-42 Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The property in question was annexed from the County in April 1959 and was built as a two bedroom home with a one car garage and rolled curbs as part of original construction under County jurisdiction. Because this property was constructed with a one car garage, there is not enough parking to meet City parking requirements which deprives the subject property of privileges afforded other single-family homes in the City that were built with two car garages. The variance requested for a wider driveway would allow three to four cars to be parked on site bringing the property into closer compliance with City parking requirements which would meet the intent of the City's parking code. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The applicant is requesting approval to widen their driveway beyond the width of their garage so that they can have a safe and secure place to park their private vehicles on their property. City parking standards for a single-family home require four parking spaces with two of those spaces provided in an enclosed garage. Since these properties were constructed with only a one car garage, the wider driveways are needed to provide additional on-site parking in keeping with other single-family homes in the City which is necessary for the preservation of their substantial property rights. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Although increasing the width of the driveway beyond the width of the garage would increase the amount of pavement within the front yard setback, this property has 60 feet of street frontage which allows this increase in pavement to be offset by additional front yard landscaping. This additional landscaping would compensate for any increase in Resolution No. 2005-56 Page 3 of 5 31 B-43 pavement and would therefore not be detrimental to the public welfare or injurious to surrounding property owners. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of a variance for wider driveways would not adversely affect the General Plan of the City. The property in question is located within a Single-F amity Residential neighborhood which is consistent with the General Plan Designation of Low Density Residential for the area. Driveways are ancillary to the primary residential use of the property and would have no affect on the General Plan of the City. E. This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair and maintenance of existing public or private structures, or topographical features involving negligible or no expansion of use beyond that existing at the time of determination. Categorical Exemption Environmental Review No. 2005-145 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby: 1. Denies Variance No. 2005-50(a) to allow a circular driveway for the property located at 2425 West Elder Avenue. 2. Approves Variance No. 2005-50(b) to allow a driveway that exceeds the width of the garage for the property located at 2425 West Elder Avenue. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 22nd day of August, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo (5) NOES: Commissioners: Leo, Nalle (2) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2005-56 Page 4 of 5 31 B-44 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, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-56 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 22, 2005. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2005-56 Page 5 of 5 31 B-45 Conditions for Aooroval for Variance No 2005-50(b) Variance No. 2005-50(b), to allow the driveway to exceed the width of the primary garage, 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 site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review. Failure to comply with each and every condition may result in the revocation of the site plan review approval. A. Plannina Division 1. The width of the primary driveway shall not exceed 20 feet. The primary driveway is defined as that driveway which leads to the original one car garage. Exhibit A 31 B-46 REQUEST FOR COUNCIL ACTION ~ ",ducal1O/l 1St CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 15, 2005 TITLE: STREET NAME NO. 2005-02 FOR THE CITY PLACE MIXED USE PROJECT LOCATED AT 2775 NORTH MAIN STREET - MAIN STREET CONCOURSE, LLC, APPLICANT \) ruJ JJ. ~ 1/1) CITY MANAGER 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 CONTINUEDTO ~ FILE NUMBER RECOMMENDED ACTION Affirm the decision of the Planning Commission approving the naming of the streets. PLANNING COMMISSION ACTION On July 25, 2005, the Planning Commission adopted a resolution approving Street Name No. 2005-02 by a vote of 6:0 (Gartner absent) to name two pri vate streets for the City Place mixed use proj ect in the Specific Development No. 59 (SD-59) zoning district at 2775 North Main Street (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. Y M. Trevino ~E ecutive Director Planning & Building Agency SK:rb sk\reportS\SN05-02,cc 39A-1 REQUEST FOR Planning Commission Action /t'JJ1--~ I , ~~~ )~ -v ""'... PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: JULY 25, 2005 TITLE: FILED BY MAIN STREET CONCOURSE, LLC FOR STREET NAME NO. 2005-02 FOR THE CITY PLACE MIXED USE PROJECT LOCATED AT 2775 NORTH MAIN STREET APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Sergio Klotz ~ Executive Director RECOMMENDED ACTION Planning Manager Adopt a resolution approving Street Name No. 2005-02. DISCUSSION Request of Applicant Mr. Bill Hammerstein of Main Street Concourse LLC is requesting approval of the street names for the previously entitled City Place mixed use project at 2775 North Main Street. Property Description The development site is approximately 17.7 acres in size and is located at the northeast corner of Main Street and Memory Lane. The proj ect site extends from Main Street on the west to Lawson Way on the east and from Memory Lane on the south to the city border on the north. The subj ect site is located within the Specific Development No. 59 (SD-59) zoning district and has a General Plan Land Use designation of District Center (DC), which permits commercial and residential development. Surrounding land uses include the Main Place Mall and offices to the west; Santiago Park, offices and a parking structure to the south; a senior residential development and offices to the east; and retail, offices and a parking structure to the north (Exhibits 1 and 2) . Project Description Main Street Concourse LLC is proposing to name two private streets that provide access to the proj ect. The applicant is proposing "Crescent Drive" for the curved street which connects Main Street to Memory Lane. EXHIBIT A 39A-2 SN No. 2005-02 July 25, 2005 Page 2 Additionally, the applicant is proposing "Jeanette Lane" for east-west access off Lawson Way (Exhibit 3). All buildings will be addressed off either of these two private streets. Analysis of the Issues City Place was approved by the City Council on February 22, 2005 to develop a mixed use proj ect consisting of residential and commercial uses. Main Street Concourse LLC has filed Street Name No. 2005-02 in order to name two private streets within the proposed mixed use project. The applicant is proposing to name the private streets to provide addresses for the buildings wi thin the proj ect . Addressing buildings off these streets allows for quick identification and a more immediate response time by the City's emergency response functions. The applicant is proposing "Crescent Drive" for the primary crescent shaped street and Jeanette Lane for the east/west street. In order to maintain continuity with the City addressing system, each building will be addressed according to existing surrounding block numbers (north 2700-3000 block and east 100-600 block) . The Santa Ana Municipal Code (SAMC) designates the Planning Commission as the decision making body for the naming of all streets. In reaching a decision, the Planning Commission shall give consideration to established guidelines. The proposed street names meet the guidelines outlined in the SAMC as the streets are not the continuation of any existing street and the proposed street names do not cause confusion with other streets as neither name is used in Santa Ana. As a result, it is recommended that the Planning Commission approve Street Name No. 2005-02. At its July 11, 2005 hearing, the Planning Commission continued the matter to allow consideration of alternative street names. CEQA Compliance In accordance with the California recommended action is not considered environmental documentation is required. Environmental Quality Act, a CEQA proj ect. Therefore the no SK:JM sk\reportS\SN05-02.072505.pc 39A-3 c , y ~\- .j IL- LA VETA AV_ ~ 22 FREEWAY }Z TOWN & COUNTRY RD t--' CI) Z <( ::< ~ ~ ~ R1 3 ~ {;0 R19 R1~: lnRm>~~ R1 I i liJ AD R1 iJi R1 mU . " R1 ~ R1 . R1 R1 R1 A1 -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 COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT CR GC Ml M2 MO o P PCD PRD A STREET NAMING NO. 2005-2 CITY PLACE 2775 NORTH MAIN STREET 1" = 1000 FEET o , a 9 R4 A1 R1 R1 R1 R1 R1 Rl R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP A cW' - = 500 FEET P LAN N N G AGE N C Y N G AND BU LD EXHIBIT 1 39A-4 ~ w w a: ~ C/) -J -J <<: ~ '" <.:l <<: -J "- <: <<: ~ OFFICE MAIN PL. DR. A OFFICE RESTAURANT COMMERCIAL OFFICE >= ;: z o U) ~ ..J COMMERCIAL AND PARKING STRUCTURE COMMERCIAL ORANGE CITY LIMITS ----- ---- SANTA ANA CITY LIMITS ------ SENIOR CARE FACILITY PROJECT SITE z ;;: ~ OFFICE PARK AND - - _........ PARK SANTIAGO "\ \ n PARKING STRUCTURE STREET NAMING NO. 2005-2 CITY PLACE 2775 NORTH MAIN STREET A .g.(' P LAN N AGE N C Y N G AND B U L D N G EXHIBIT 2 39A-5 A'ilM NOSM'ill ....J <( LU- 0::: +- :::>2 I--LU ::>Q u.. VI LU 0::: '" ~ Z,~)~. ;:: KO -7/20/05 RESOLUTION NO. 2005-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA TO NAME THE STREETS LOCATED WITHIN THE CITY PLACE MIXED USE PROJECT LOCATED AT 2775 NORTH MAIN STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 11, 2005, on Street Naming No. 2005-02. B. Street Naming No. 2005-02 came before the Planning Commission of the City of Santa Ana for a public hearing on July 11, 2005. At that hearing the Planning Commission continued the matter to July 25, 2005. C. The Planning Commission took into consideration the policy guidelines contained in Santa Ana Municipal Code Section 33-6. The street name of "Crescent Drive" was selected for the primary crescent shaped street and Jeanette Lane was selected for the east/west street. D. In accordance with the California Environmental Quality Act, the recommended action is not considered a CEQA project. Therefore no environmental documentation is required. Section 2. The Planning Commission of the City of Santa Ana hereby, approves Street Naming No. 2005-02 as identified in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 25th day of July, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2005-23 Page 1 of 2 39A-7 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, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-23 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 25, 2005. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2005-23 Page 2 of 2 39A-8 - .-.~ -. -e ~. '.- .-1"L --"9 I I u.J Ii . '.,... . .'1 I. ...;....., -l <t llJ - 0:::1- :::>z I-llJ :::>Q U- Lfl llJ 0::: u.J ~ ~ + ~.u, ~ ~ J__ J- t= ~I= ~ 'r- '1:= il- if=: ~~!~J - 'I e e g e0 ~ G 0 e e 0-0 ~~~.~... J.3~alft'~9 F~ IS. 39A-10 REQUEST FOR COUNCIL ACTION ~ ~~~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: ADOPT AN ORDINANCE TO REGULATE VENDING VEHICLES AND ESTABLISHING A CITYWIDE VENDING PREFERENTIAL PARKING PROGRAM 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 CONTINUED TO M FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt an ordinance regulating the operation of vending vehicles and establishing a citywide vending preferential parking program pursuant to California Vehicle Code Section 22507. DISCUSSION On July 6, 2004, an ordinance was approved establishing regulations for the operation of mobile vending vehicles within Santa Ana. The ordinance established hours of operation, noise restrictions, prohibited vending within 500 feet of schools, parks, community centers or playground facilities and established requirements for controlling trash generated by sales from the vending vehicles. Although the 2004 regulations have proven successful in resolving some of the problems that led to the adoption of the 2004 vending ordinance, additional issues remain that should be addressed. While vending vehicles provide a valuable service to the residents of Santa Ana, vending vehicles also create traffic hazards as well as special dangers to the public safety and welfare of children and residents of the City of Santa Ana. Vending vehicles not only are patronized by adults, but by children as well. Many vending vehicles are presently concentrated on certain streets and in certain neighborhoods. This concentration of vending vehicles creates visibility problems for drivers and pedestrians. Many of the vending vehicles remain in one location throughout the day. In addition to the safety concerns, these vending vehicles create not only parking shortages, but are also creating aesthetic impacts to the residential neighborhoods such as deteriorated parkways. Parkways become barren due to customers of the trucks walking or standing in these parkways while purchasing goods from the vending vehicles. Property owners have complained that the vending vehicles refuse to move their vending vehicles to allow the parkway landscape to regenerate. 50A-1 Ordinance to Regulate Vending Vehicles September 6, 2005 Page 2 In order to address these concerns, the regulations are proposed as follows: . Establish an annual vending vehicle permit that permits operation of a vending vehicle in Santa Ana. The vending vehicle permit may be revoked after three minor violations or one major violation; . Require that vending vehicles may vend for no longer than 90 minutes in anyone location unless lawfully parked in a vending vehicle permit parking zone; . Require that vending vehicles move a minimum of 500 feet after 90 minutes and cannot return to the same block wi thin the same day after leaving it; . Prohibit vending vehicles from vending within 100 feet of another vending vehicle; . Prohibit vending on streets greater than thirty-five (35) miles per hour; and . Prohibit vending except from the right-hand side of a vending vehicle; Vending Preferential Parking Program A vending preferential parking program pursuant to California Vehicle Code Section 22507 is proposed to remedy the over-concentration of vending vehicles that has created the safety and aesthetic issues. The director of the planning and building agency will establish up to 150 permit parking districts throughout the city. A vending vehicle can obtain an annual parking permit from the Planning and Building Agency to enable vending in the permit parking district without being subject to the 90 minute time limit. These annual permit parking spaces will be issued on a first come-first served basis. The City Council will be asked to establish a fee to fund the physical improvements to the parkways including, necessary signage, and hardscape. These improvements will assist in the elimination of the aesthetic impacts to the parkways caused by the vending vehicles. Additionally, to minimize the aesthetic impact of the vending vehicles conducting a business in a residential neighborhood, the director of the planning and building agency will establish standards including signage and vehicle appearance. Vending parking permits may be revoked if there are three minor violations within a twelve-month period or one major violation. The regulations and establishment of the vending vehicle parking permit program are intended to eliminate the concentration of vending vehicles that presently occurs in several areas. This concentration is not only unsightly, but creates parking shortages, complicates street sweeping and trash collection, deteriorates parkways, and creates a safety concern for 50A-2 Ordinance to Regulate Vending Vehicles September 6, 2005 Page 3 children or other pedestrians not being visible to drivers. The proposed regulations will reduce the negative impacts to the neighborhood and will provide a safer environment for the neighborhood, while providing vending vehicles the opportunity to continue their businesses within Santa Ana. ENVIRONMENTAL IMPACT This action is exempt from the California Environmental Quality Act pursuant to Sections 15061 and 15308 of the CEQA Guidelines, which establish a general exemption for projects that do not have the potential for causing a significant effect on the environment, and also a categorical exemption for actions by regulatory agencies that provide for the protection of the environment. In addition to the general exemption, the categorical exemption applies in that the project would provide for the protection of the neighborhood environment through the establishment of regulatory procedures for vending vehicles. FISCAL IMPACT Actions to create the appropriate fees and establish the fee amounts will be scheduled for future City Council review and action. M. Trevino ,Ex cutive Director Planning & Building Agency DH:rb Rb\Vending Vehicle Ord Mod.cc 50A-3 ORDINANCE NO. NS-2695 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 36-56 THROUGH 36-63 OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO REGULATE VENDING VEHICLES, AMENDING SECTION 1-18.1, AND THE ADOPTION OF A CITYWIDE VENDING PREFERENTIAL PARKING PROGRAM THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Section 36-56 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-56. Additional Prohibitions. (a) No owner shall permit vending from a vending vehicle that is stopped, parked or standing on any public street, alley or highway: (1) When any part of the vending vehicle is open for vending to prospective customers other than on the side of the vehicle next to the right hand side of the street, alley or highway (except when lawfully parked at the left curb on a one-way street a person may vend to a person standing on the left parkway or sidewalk); or (2) When the prospective customer is standing or sitting in another vehicle; or (3) When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic or for vehicular parking. (b) No owner shall permit his or her vending vehicle to vend within 100 feet of another vending vehicle. (c) No owner shall permit his or her vending vehicles to vend on any public street, alley or highway when the posted speed limit on the public street, alley or highway is greater than thirty-five miles per hour (35 MPH). Ordinance No. NS-2695 Page 1 of 9 50A-4 Section 2. Section 36-57 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-57. Time Limit. No owner shall permit his or her vending vehicles to vend for a period of time in excess of 90 minutes in anyone location, and said vending vehicle must be moved a distance of not less than 500 feet between consecutive stops at which vending occurs; and no owner shall allow the vending vehicle to return to vend in the same block in the same day after leaving it. This section shall not apply to vending vehicles lawfully parked in a vending vehicle permit parking zone with a valid vending vehicle parking permit. Section 3. Section 36-58 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-58. Owner's permit required. (a) No person shall own, control, manage, lease or contract with other persons for the operation of a vending vehicle in the city without obtaining and holding a valid owner's permit issued pursuant to the provisions of this article, in addition to any other license or permit required under any other chapter of this Code, for each and every vending vehicle. (b) The permit sticker issued by the City shall be installed on the vehicle in the manner prescribed by the executive director of the planning and building agency. (c) "Owner's permit" shall mean the permit issued to any owner that authorizes the holder thereof to engage in the business of vending from a vending vehicle. Section 4. Section 36-59 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-59. Permit term and renewal. The term of the owner's permit, unless sooner revoked, shall be for a period of one (1) year. Upon the expiration of such term, the permittee may renew the owner's permit for additional one-year terms by submitting a new application in conformance with section 36-60 herein together with such owner's permit renewal fees as may be established by resolution of the City Council. Ordinance No. NS-2695 Page 2 of 9 50A-5 Section 5. Section 36-60 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-60. Applications for owner's permits; required fees. (a) Any person desiring to obtain an owner's permit shall make application to the executive director of the planning and building agency. Applications for an owner's permit shall be submitted in the form prescribed by the executive director of the planning and building agency which shall include proof of the items specified in Section 36-61 of this Code. (b) Prior to submitting such applications a nonrefundable fee, as established by resolution of the City Council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the executive director of the planning and building agency at the time such application is filed. Owner's permit issuance fees required under this article shall be in addition to any license, permit or fee required under any other provision of this Code. No owner's permit application shall be processed unless and until the applicant has provided all the information requested on the application and has submitted the appropriate fee(s). (c) Neither the filing of any application for an owner's permit, nor the payment of an application fee, shall authorize the vending from a vending vehicle until such owner's permit has been granted or renewed. Section 6. Section 36-61 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-61. Issuance of owner's permits. The executive director of the planning and building agency, or his designated representative, within ten (10) days after receiving the completed application, shall grant the owner's permit only if he finds that all of the following requirements have been met: (1) The required fees have been paid; (2) The applicant has not had an owner's permit revoked within the preceding twelve (12) months. (3) The applicant has, for each vehicle for which an owner's permit is sought, identified the Vehicle Identification Number and license plate number for said vehicle. Ordinance No. NS-2695 Page 3 of 9 50A-6 Section 7. Section 36-62 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-62. Revocation of owner's permit. (a) Any owner's permit may be revoked by the city manager or his designated representative for one (1) felony conviction of the owner during the previous 12 months or three (3) citations for violations of any state law or municipal ordinance to the owner, while in the course of vending from a vending vehicle. The citations may either be criminal filings or administrative citations pursuant to Sections 1- 21 through 1-21.9, or any combination thereof, within the preceding twelve (12) months. (b) No person whose owner's permit is revoked shall be eligible to apply for a new owner's permit for a period of twelve (12) months following such revocation. Section 8. Section 36-63 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-63. Appeal of School Separation requirement (1) The requirement offive hundred feet (500') distance from a school, pursuant to 36-54(a) may be appealed to the executive director of the planning and building agency. (2) The deputy city manager for development services or designee may modify the requirement of five hundred feet (500') distance if he determines all of the following: I. That because of the school layout there is no entrance or exit within five hundred feet (500') from the proposed boundary modification. ii. The location of the proposed boundary modification is not frequented by children as a path of travel. III. There are no safety concerns with allowing vending to occur in the location of the proposed boundary mod ification. (3) If a boundary is modified by the executive director of the planning and building agency, then a map identifying the boundaries in which vending is prohibited shall be prepared and be available to the public. The executive director of the planning and building agency shall annually review the map for accuracy and shall make any necessary modifications to the boundaries based upon the criteria in subsection (2) above. Ordinance No. NS-2695 Page 4 of 9 50A-7 Section 9. Section 1-18.1 of Chapter 1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in underline, deleted language in strikeout): Sec. 1-18.1. Planning and building agency authority to issue citations. The executive director of the planning and building agency, the planning manager, the building safety manager, community preservation inspectors, code enforcement inspectors, senior building inspectors, and building inspectors have the duty to enforce the following provisions of this Code: Chapter 8, sections 10-2, 10-8, 10-16, 10-19, 10-26, 10-27,10-64, 10-70,10-71,10-89,10-97,10-98,10-100,10-140, 10-141, 10-142, 10- 143,10-150,10-151,10-177,10-197,10-203,10-209, 10-221 through 10- 238; sections 16-1, 16-2, 16-3, 16-4, 16-6, 16-34, 16-35, 16-46 through 16-60; sections 16-110--16-125; Chapter 17; sections 18-17,18-39,18- 40, 18-352, 18-400 through 18-420 Chapter 21; Chapter 26; section 36- 148; sections 36-50 through 36-5563; and Chapter 41. The above listed officers and employees also have the duty to enforce sections 27551, 27671 and 27672 of the Health and Safety Code of the State of California with respect to sales of food from vehicles. The above listed officers and employees shall also have the duty to enforce permit parking districts established by the City of Santa Ana. The above-listed officers and employees are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section, and the person arrested does not demand to be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C, Title III, Part 2 of the Penal Code of the State of California (commencing with Section 853.5). Section 10. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Section 22507 of the Vehicle Code of the State of California authorizes a city to prohibit stopping, parking or standing of vehicles on certain streets and to establish a permit system exempting certain vehicles from the prohibition. B. Vending Vehicles are conducting businesses within primarily residential zones. This business creates impacts to the residential neighborhoods, such as increased traffic, pedestrian congestion, and litter accumulation. The citywide vending permit parking district is necessary in order to protect neighborhood integrity against excessive intrusion of vending vehicles which are parked in these residential neighborhoods throughout the day and night. Ordinance No. NS-2695 Page 5 of 9 50A-8 C. The City Council hereby desires to adopt a citywide preferential parking program pursuant to California Vehicle Code Section 22507. The preferential parking program shall be referred to as the vending permit parking district. D. The parking restrictions imposed pursuant to the Santa Ana Municipal Code, Chapter 36, Article XI, and this Ordinance shall apply to any vending permit parking area so designated by appropriate signage. E. The executive director of the planning and building agency or his designee is hereby authorized by this ordinance to select appropriate vending permit parking locations and to establish up to 150 individual vending permit parking districts within the City of Santa Ana. Each individual vending permit parking district shall only be large enough to accommodate one vending vehicle. F. All vending vehicles parked in a permit parking district shall be subject to the Santa Ana Municipal Code, with the exception of the time limits established in Section 36-57. G. No person shall park any vehicle at any time on any portion of any street within the citywide vending permit parking district which signs have been erected indicating the application of permit parking restrictions, except persons and vehicles exempted from such parking restrictions. The signs may provide for the towing of vehicles parked in violation of the parking restrictions. H. The executive director of the planning and building agency is authorized to promulgate eligibility criteria for the issuance of vending parking permits to vendors, and to issue or deny such permits in accordance therewith; and to establish written rules for the vending permit parking districts. Such rules shall be designed to minimize the impacts upon the residential neighborhoods. Such impacts include but are not limited to: increased traffic, pedestrian congestion, parking shortages, litter accumulation and damage to the public parkways. Such rules may be revised from time to time, as circumstances require. Section 11. The executive director of the planning and building agency on his own authority and at his sole and absolute discretion may establish a Vending Permit Parking Advisory Committee to assist in the selection of the 150 individual Vending Permit Parking Districts and/or the implementation of this ordinance. Section 12. In adopting the amendments set forth in Sections 1 through 9 above, the City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Vending vehicles within the City of Santa Ana present public safety and welfare concerns to the residents of Santa Ana, especially the children. B. California Vehicle Code Section 22455(b) permits cities to adopt additional requirements for vending vehicles for public safety. Ordinance No. NS-2695 Page 6 of 9 50A-9 C. The safety of children is a significant concern for the City of Santa Ana. 1. In California Vehicle Code Section 22456, the Legislature declared, "motor vehicles engaged in vending ice cream and similar food items in residential neighborhoods can increase the danger to children." 2. Many of the vending vehicles in Santa Ana, not only ice cream trucks, cater to children by offering toys and snack type items. As such, children, often unsupervised, purchase items from the vending vehicles. D. Accidents have occurred as a result of pedestrians crossing the street mid-block without regard for traffic to get to a vending vehicle. The risk to pedestrians crossing the street mid-block at night is increased due to the decreased visibility. E. The purpose of this ordinance is to regulate a business being operated within the City of Santa Ana; the purpose of this ordinance is not to regulate vehicular traffic except to protect the public safety and welfare of the residents as permitted by the Vehicle Code. F. Vending Vehicles are conducting businesses within primarily residential zones. This business creates impacts to the residential neighborhoods, such as increased traffic, reduction in available parking, pedestrian congestion, and litter accumulation. 1. Presently, vending vehicles are required to be equipped with on- board refuse containers large enough to contain all trash and refuse generated by the operation of the vehicle. Also, all trash and refuse generated by the vending vehicle must be picked-up within a fifty-foot (50') radius of the outside of the before the vehicle is moved. 2. The 90 minute time limit in anyone location will require the vending vehicles to move from the block thereby reducing the impact to parking in the neighborhood, as well reduce the impacts to the residential neighborhoods, such as increased traffic, pedestrian congestion, and litter accumulation. G. The Request for Council Action for this ordinance dated September 6, 2005, and Ordinance NS-2655 shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute the necessary findings for this ordinance. H. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. I. Based upon this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to protect the public Ordinance No. NS-2695 Page 7 of 9 50A-1 0 safety and welfare of the children and residents of the City of Santa Ana associated with vending vehicles. J. The police power regulations, such as those employed in this ordinance, are legitimate, reasonable means of accountability to help protect the public safety and welfare of the children and residents of the City of Santa Ana. K. 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. L. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2005-161 will be filed for this project. Section 13. 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. Section 14. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of ,2005. Miguel A. Pulido Mayor Ordinance No. NS-2695 Page 8 of 9 50A-11 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. to be the original ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Ordinance No. NS-2695 Page 9 of 9 50A-12 REQUEST FOR COUNCIL ACTION ~~ ~~~- ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: APPEAL NO. 2005-02 (VARIANCE NO. 2004-18) TO REDUCE THE REQUIRED ON- SITE PARKING FOR FAMSA AT 419 EAST FIRST STREET - REGENCY CENTERS, APPLICANT aAa CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Deny Appeal No. 2005-02. 2. Adopt a resolution denying Variance No. 2004-18. PLANNING COMMISSION ACTION On February 28, 2005, the Planning Commission denied Variance No. 2004-18 by a vote of 7:0 to reduce the required on-site parking for the expansion of FAMSA Department Store located in the General Commercial (C2) and Arterial Commercial (C5) zoning districts at 419 East First Street (Exhibi t A) . DISCUSSION On February 14, 2005, the Planning Commission held a public hearing and received testimony on the variance request. Concerns were raised with the general lack of maintenance of the center, which included trash accumulation on the site, buildings in need of repainting, and substandard and missing landscape material. In addition, the Commission noted that the recommended conditions of approval included the correction of several items that were code violations, such as the removal of an illegal sign, the repair of paving and the re-striping of the parking lot. Finally, the Commission observed that the center's design restricted customers' access to all parking areas; this design was not taken into consideration in the initial shared parking analysis, though it has been addressed in the revised analysis attached to this report. The Commission noted that while the rear employee parking lot may be underutilized as described in the parking study, the customer parking area in the front of the commercial center was severely impacted. The Commission expressed reservations about the expansion of the center since the applicant was unable to maintain the center in good repair and lacked control of the parking lot by allowing others the use 55A-1 Appeal No. 2005-02 (Variance No. 2004-18) September 6, 2005 Page 2 of the lot. As a result, the Commission concluded that the proposed building expansion would exacerbate the existing lack of parking and voted to deny the variance request. Subsequently, an appeal application was filed by Regency Centers on March 9, 2005 (Exhibit B). A notice of violation to correct illegal conditions on the center was issued on March 14, 2005 (Exhibit C) . On May 2, 2005, the City Council held a public hearing and received testimony on the appeal request. Members of the Council echoed the Planning Commission concerns about maintenance, code violations and potential lack of parking. The Council continued this item to allow the applicant the opportunity to rectify the identified violations, to implement measures to improve the center's maintenance, and to evaluate the applicant's strategies to regain control of the parking. On August 1, 2005, the City Council reconsidered this item. Staff reported on the status of the code violations and the center's maintenance. In addition, the applicant submitted a revised parking study (Exhibit D), which was consistent with the study reviewed by the Planning Commission (Exhibit 6 of Planning Commission staff report). The Council expressed concerns about granting a parking variance on a center that is deficient in parking stalls and continued this item to allow the applicant time to correct the outstanding violations. Staff has conducted periodic visits to monitor the outstanding violations on the site. The illegal monument sign and two unpermitted wall signs are still not in compliance with code. Planning Division sign permits have been approved for the three signs, while the Building Division permits are ready for issuance subject to payment of fees. The exterior telephone and outdoor water vending machines continue to operate without the proper Land Use Certificate. The youth amusement rides and outdoor soda vending machines have been removed. FISCAL IMPACT There is no fiscal impact associated with this action. ~ Trevino xec tive Director Panning & Building Agency LL:rb 11\reports\PC&ZA\va04-18.09-06-0S.cc-appeal 55A-2 REQUEST FOR Planning Commission Action e ~ ~~ ~ e PLANNING COMMISSION MEETING DATE: FEBRUARY 28, 2005 PLANNING COMMISSION SECRETARY TITLE: FILED BY REGENCY CENTERS FOR VARIANCE NO. 2004-18 TO REDUCE THE REQUIRED ON-SITE PARKING FOR FAMSA AT 419 EAST FIRST STREET APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Lucy Linnaus 4ft ~:~ ~irector ~nning Manager RECOMMENDED ACTION Deny Variance No. 2004-18. DISCUSSION Request of Applicant Regency Centers is requesting a variance from the Santa Ana Municipal Code (SAMC) to reduce the required number of on-site parking stalls for the proposed expansion of FAMSA, a retail establishment located in the Santa Ana Downtown Plaza at 419 East First Street. Property Description The project site is an existing 100,305 square foot multi-tenant commercial center. The center is an 8.27 acre, rectangular shaped parcel of land that has street frontage on First, Spurgeon and Third Streets. The center consists of six attached buildings in an L configuration that face First and Spurgeon Streets, and two freestanding restaurant buildings adj acent to First Street. The site is fully landscaped and has 509 on- site parking spaces in two non-integrated parking areas. The parking area on the front of the lot, facing First Street, serves the center's customers as all buildings have their primary entrances oriented towards this parking area. The parking at the rear of the lot, facing Third Street, serves employees since the loading area, trash enclosures and secondary entrances are located at the rear of the building. EXHIBIT A 55A-3 e e Variance No. 2004-18 February 28, 2005 Page 2 The zoning designation for the site is General Commercial (C2) Third Street and Arterial Commercial (C5) facing First Street. General Plan land use designation is General Commercial (GC) with a area ratio of 0.5. facing The floor Surrounding land uses include retail uses to the west and south; single- family residential and commercial uses to the east; and multi-family residential uses to the north (Exhibits 1 and 2) . Project Description The applicant is proposing to construct a 3,881 square foot, single story addition to the rear of a 23,373 square foot attached building within the 100,305 square foot Santa Ana Downtown Plaza. The building is currently occupied by FAMSA, an international department store that sells furniture, appliances, electronics and gift items. The existing Floor Area Ratio (FAR) for the center is 0.28. With the addition, the FAR will be 0.29 (Exhibits 3, 4 and 5). The applicant also proposed to re-stripe the existing parking lot, replace deteriorated or missing landscaping and remove an illegal monument sign. Architecturally, the applicant proposes an addition that will match elements of the existing building, including the height, exterior finish and decorative tile detailing. Analysis of the Issues The Santa Ana Downtown Plaza, built in 1986, is a mixed-use center that includes several restaurants, medical offices and a variety of retail and service uses. At the time of construction, the center complied with the applicable development standards and exceeded the number of parking spaces required. Due to the City's periodic amendment of its code, the center is non-conforming as it no longer complies with the current parking, setbacks, landscape and sign standards. The Santa Ana Municipal Code (SAMC) allows the expansion of non- conforming buildings when the total floor area of the proposed expansion does not exceed 10 percent of the existing building. Since the proposed addition is 3.9 percent of the existing building area, it is within the allowance for expansion of a non-conforming building. In the case of rehabilitation or expansion of a non-conforming building of less 55A-4 e e Variance No. 2004-18 February 28, 2005 Page 3 than 10 percent, the code requires that signage on the building and the site must be brought into conformity, that landscape be improved to bring the site closer into compliance with current landscape requirements, and that parking be provided for the building addition at the current parking rate. Based on a site visit and review of City permits, it was determined that the building wall signs for the tenant comply with current code. However, an illegal monument sign on the site was noted, which the applicant is required to remove and will remove prior to the issuance of any building permit. In addition, the applicant will replace all missing plant material and repair all irrigation systems on the existing landscape planters as noted on the site plan to bring the site closer into compliance with the current standards. The proposed addition will occur on an existing parking area between the retail building and Third Street, displacing a total of 24 parking stalls. Using current standards, the proposed addition would require an additional 19 parking stalls. Including the number of stalls displaced by the expansion, a total of 43 parking stalls would be needed. The applicant proposes to reconfigure the rear parking area to create 20 new parking stalls. Therefore, under the current standards, the net parking deficiency generated by the proposed proj ect will be 23 stalls. The center, which has legal non-conforming parking of 509 on-site parking spaces, will be reduced to 505 parking spaces after the proposed addition. The applicant cannot comply with the requirement to meet current parking standards and is requesting a variance for a reduction in required parking stalls. The table below summarizes and compares the existing and proposed parking conditions for the center. Santa Ana Downtown Plaza Parking Analysis Required Parking Provided Deficiency Per Code Parking (Percent) Proposed 587 505 14.1 Existing 568 509 10.3 Net Change 23 -4 3.8 55A-5 e e Variance No. 2004-18 February 28, 2005 Page 4 In order to analyze whether or not the existing parking count would be adequate to support the proposed expansion, a parking analysis was prepared by Linscott, Law & Greenspan Engineers, a traffic engineering firm, for the proj ect. The Shared Parking Analysis for the Downtown Santa Ana Plaza provides an analysis of the parking demand based on the different activity patterns and uses within the center. The study reviews the City's parking requirement for mixed-use centers and proposes an alternative parking requirement based on the actual parking usage observed. Two methodologies were used while conducting the parking analysis. The first methodology used was based on the Urban Land Institute's (ULI) shared parking concept. The second method analyzed parking lot usage based on actual counts for the existing land uses, then compared this with what would be required for the building and proposed addition based on the city's code requirement. The study using the Urban Land Institute's (ULI) shared parking methodology concluded that there was insufficient on-site parking available to serve the proposed FAMSA expansion. However, the actual parking lot count for the existing center concluded that sufficient parking was provided to meet the peak parking demands of the shopping center (Exhibit 6). The study found that during times of peak use, the existing parking supply was parked at only 59 percent of the available capacity. Therefore, it concluded that the proposed 505 parking stalls available at the shopping center will be sufficient to accommodate future parking demand, since the peak parking demand of the center with the addition is forecasted at 352 spaces, providing a parking surplus of 153 spaces. The Planning Commission held a public hearing on February 14, 2005 and received public testimony on the variance request. Concerns about the general lack of maintenance of the center, which included trash accumulation on the site, buildings in need of paint, and substandard and missing landscape material, were raised. In addition, the Commission noted that the recommended conditions of approval included the correction of several items that were code violations, such as removal of an illegal sign and the repair of paving and re-striping of the parking lot. The Commission expressed serious reservations about the expansion of the center since the applicant was unable to maintain the center in good repair. Finally, the Commission observed that the center had non-integrated parking, which restricted the customers' access to all parking areas by design. This particular design limitation was not taken into consideration in the shared parking analysis. Therefore, it concluded that while the rear employee parking lot may be underutilized as described in the parking study, the customer 55A-6 e e Variance No. 2004-18 February 28, 2005 Page 5 parking area in the front of the The Commission concluded that exacerbate the existing lack of request. commercial center was severely impacted. the proposed building expansion would parking and voted to deny the variance Based upon the concerns raised at the public hearing and the project's lack of compatibility with the City's General Plan goal to promote development which enhances the quality of life, staff recommends denial of Variance No. 2004-18 (Exhibit 7). CEQA Compliance In accordance with the California Environmental Quality Act (CEQA), the recommended action is not considered a CEQA proj ect. Therefore no environmental documentation is required. 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VA 04-18 I E'!rWA 21 ~ February 9, 2005 Mr. Enrique Legaspi, Vice President Regency Centers 555 South Flower Street, Suite 3500 Los Angeles, CA 90071 LLG Reference No. 2.04.2591.1 Subject: Updated Shared Parking Analysis for the Proposed Famsa Expansion Project at Santa Ana Downtown Plaza Santa Ana, California Dear Mr. Legaspi: As requested, Linscott, Law, &Greenspan, Engineers (LLG) is pleased to submit this Shared Parking Analysis for the proposed Famsa Expansion project, located within Santa Ana Downtown Plaza in the City of Santa Ana, California. Santa Ana Downtown Plaza is an existing mixed-use center, currently occupied with a variety of retail, restaurant, and office uses. Famsa, an existing furniture and appliance retail store, will be expanded by 3,881 SF for an overall building size of 27,256 SF. At completion of the proposed expansion project, a total on-site parking supply of 505 spaces will be provided. This report evaluates the parking demands of the existing and proposed land uses at Santa Ana Downtown Plaza. The parking analysis evaluates the project's parking requirements based on current City of Santa Ana zoning codes, the methodology outlined in Urban Land Institute's (ULI) Shared Parking guidelines, and existing parking surveys. Briefly, Santa Ana Downtown Plaza is forecast to have a parking deficiency based on a parking analysis per City parking codes and ULI's theoretical shared parking methodology. However, these methodologies do not necessarily reflect actual and realistic parking conditions at Santa Ana Downtown Plaza. As such, a shared analysis based on actual parking surveys at the project site was prepared and indicates that the proposed Famsa expansion project will not adversely impact the parking conditions at Santa Ana Downtown Plaza. The proposed on-site parking supply of 505 spaces is forecast to adequately accommodate future parking demands on both a weekday and weekend day. Our method of analysis, findings, and recommendations are detailed in the following sections of this report. VA 04-18 S5'1~1f 3 Engineers & Planners Traffic Transportation Parking Linscott. Law & Greenspan. Engineers 1580 Corporate Drive Suite 122 Costa Mesa, CA 92626 714.641.1587 T 714,641.0139 F wwwJlgengineers,com Pasadena Costa Mesa San Diego Las Veg as Philip M, Unseal!, PE 11924-20001 Jack M, Greenspan, PE William A law, PE IRot) Paul W Wilkinson, PE John P. Keating. PE David S, Shender, PE John A, Boarman, PE Clare M, Look-Jaeger, PE Richard E Barretto, PE An lG2WB Company Founded 1966 Mr. Enrique Legaspi February 9,2005 Page 2 PROJECT LOCATION AND DESCRIPTION Santa Ana Downtown Plaza is located at 421 East First Street in the City of Santa Ana, California. The project site is bound by East First Street to the south, Spurgeon Street to the west, Third Street to the north, and the terminus of Second Street to the east. Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the project and depicts the surrounding street system. Table 1, located at the rear of this letter report following the Figures, presents the existing and proposed development totals for Santa Ana Downtown Plaza. Table 1 also summarizes the hours of operation for all existing and proposed land uses. As shown in Table 1, the 102,046 SF existing mixed-use center includes Food 4 Less, Famsa, McDonald's, Taco Bell, and a variety of retail, restaurant, and office uses. Please note that ofthe 102,046 SF that exists, 101,071 SF is currently occupied (a 975 SF suite designated for retail use is vacant). Famsa proposes to expand by 3,881 SF for an overall total building size of27,256 SF. With all other existing uses remaining the same, the mixed-use center will have a total building size of 105,927 SF. Figure 2 presents the proposed site plan for Santa Ana Downtown Plaza, which illustrates the proposed Famsa expansion. Review of this site plan indicates that at the completion of the proposed Famsa expansion, the project site will provide a total of 505 parking spaces via an on-site surface parking lot. Vehicular access to Santa Ana Downtown Plaza is provided via two driveways on First Street (i.e., one signalized, one unsignalized), one unsignalized driveway on Spurgeon Street, and three unsignalized driveways on Third Street. Please note that all project driveways provide full access (i.e., left-turns in and out, as well as right- turns in and out). PARKING SUPPLY-DEMAND ANALYSIS This parking analysis for the Famsa expansion project involves determining the expected parking needs, based on the size and type of proposed development components, versus the proposed parking supply. In general, there are two methods that can be used to estimate the site's peak parking demands. These methods include: N\25[j')\2')42;<JI'Repon\259! Famsa Expan;ioll Shared Parking ,\nalys" o2-o9-o555Am 14 Mr. Enrique Legaspi February 9, 2005 Page 3 1. application of City code requirements (which typically treat each use in the mixed-use center as a "stand alone" use at maximum demand); and 2. application of shared parking usage patterns by time-of-day (which recognizes that the parking demand for each land use component varies by time of day, day of week, and/or month of year). The shared parking methodology is certainly applicable to Santa Ana Downtown Plaza, as the individual land uses (i.e., retail, restaurant, and office uses) experience peak demands at different times ofthe day. PARKING CODE REQUIREMENTS To determine the number of parking spaces required to support the parking needs of the existing and proposed uses at Santa Ana Downtown Plaza, parking demand was first calculated using the City of Santa Ana Zoning Code. As mentioned previously, City parking code requirements typically treat each individual use in the commercial center as a "stand alone" use at maximum demand, as opposed to an integrated part of the commercial center. The City of Santa Ana specifies a parking ratio of 5 spaces per 1,000 SF of retail/commercial uses, 6 spaces per 1,000 SF for medical office uses, and 10 spaces per 1,000 SF for restaurant uses. Table 2 summarizes the parking requirements for the existing and proposed uses at Santa Ana Downtown Plaza using the above parking code ratios. As shown, direct application of City parking ratios to the proposed development plan results in a total parking requirement of 596 parking spaces. With a proposed on-site parking supply of 505 parking spaces, a theoretical parking deficiency of 91 spaces is forecast. However, as previously mentioned, there is an opportunity to share parking spaces based on the utilization profile of each land use component. The following section calculates the parking requirements of the proposed project based on the shared parking methodology approach. THEORETICAL SHARED PARKING ANALYSIS In order to better forecast the future parking demand for Santa Ana Downtown Plaza, a theoretical shared parking analysis was prepared. Due to the unique characteristics of the project's mixed-use development, opportunities for shared parking can be expected. N,\25/ft)'2')4cS9!\Repon\259! Fam", Expan,;"" Shared Parking AnalysIS 02-(l9-05~181 5 Mr. Enrique Legaspi February 9, 2005 Page 4 The objective of this shared parking analysis is to forecast the peak parking requirements for the project based on the combined demand patterns of different land uses at the site. Experience indicates that combining different land uses whose parking demands peak at different times (of the day or week) generally result in a parking demand that is significantly lower than the summation of individual peak demand factors or City parking code requirement for each use. According to the ULI's Shared Parking publication, shared parking is defined as parking space that can be used to serve two or more individual land uses without conflict or encroachment. Given that restaurant/food uses have peak periods (afternoons and evenings) that differ from retail uses (early afternoons), it is appropriate to utilize the shared parking concept to forecast the overall parking demand for the site. The ULI Shared Parking publication provides hourly parking accumulation rates for retail, restaurant, and office uses, expressed as a percentage of the peak demand for the day. For retail uses, peak demand occurs between 12:00-2:00 PM on weekdays and between 2:00-4:00 PM on Saturdays. The hourly factors shown for retail uses are taken directly from ULI. The retail demand profile was applied to retail uses, as well as the Famsa furniture and appliance retail store. According to the VLI Shared Parking publication, restaurant uses are shown to experience peak demands between 7:00-10:00 PM for both weekday and Saturday. The restaurant demand profile was applied to all of the restaurant land uses (i.e., fast- food and dine-in restaurants). For office uses, peak demand occurs between 10:00 AM-12:00 PM on weekdays and is minimal on Saturdays. However, given that some business offices may potentially be fully operational on the weekends, the weekday general office parking utilization profile was applied to the weekend business office use. The office parking demand profile was applied to medical office uses. Tables 3 and 4 present the Weekday and Weekend Shared Parking Analysis for the proposed project, respectively. The weekday and weekend shared parking demand analyses are based on the ULI shared parking methodology. City parking ratios, as presented in Table 2, were utilized to calculate the base peak parking demand to which the hourly factors were applied. As shown in Tables 3 and 4, the hourly variation in total parking demand for a weekday and weekend day is identified. Only a few hours of each day are shown to experience peak demand levels. For a typical weekday, the peak parking demand is forecast to occur at 1 :00 PM with a demand of 533 spaces (Table 3). With an on-site parking supply of 505 spaces, the project site is forecast to have a parking deficiency of 28 spaces. N"25"i\21i425(}I\llepol1\25'!1 Fam" Expan""n Shared Parkmg ,\nalyslS 02-(19-055 5A181 6 LI NSCOTT LAW & GREENSPAN eng;neers Mr. Enrique Legaspi February 9, 2005 Page 5 For a weekend day, Santa Ana Downtown Plaza is forecast to experience a peak parking demand at 2:00 PM with a demand of 525 spaces (Table 4). With an on-site parking supply of 505 spaces, the project site is forecast to have a parking deficiency of 20 spaces. Based on the theoretical shared parking analysis, Santa Ana Downtown Plaza will have parking deficiencies at I :00 PM and 7:00 PM on a weekday, and 2:00 PM and 3:00 PM on a weekend day. It should be noted that these parking deficiencies are based on generic parking utilization profiles not specific to the project site. As shown in Table I, a few of the existing tenants close at or prior to 7:00 PM on a weekday or are closed on Saturday and/or Sunday. As such, the theoretical shared parking demand forecast for a typical weekday and weekend day may be too conservative and not representative of actual conditions at the Santa Ana Downtown Plaza. Therefore, an additional shared parking analysis for Santa Ana Downtown Plaza was prepared based on actual parking surveys at the project site to determine realistic parking demands. The findings of this analysis are presented in the following sections of this report. PARKING SURVEYS To determine the current parking demand characteristics of the existing uses at Santa Ana Downtown Plaza, parking surveys were conducted by Transportation Studies, Inc. (TSI) on a "typical" weekday and weekend. The parking surveys, which were performed at one-hour intervals between 8:00 AM and 10:00 PM and consisted of counting the number of parked vehicles within the on-site surface lot, were conducted on Thursday, August 26,2004 and Saturday, August 28,2004. Please note that only one suite (designated for retail use) was vacant on the days that the parking surveys were conducted. However, all of the current tenants were in full operation on these same days. The results of both weekday and weekend parking surveys are summarized in Table 5. This table presents the parking demands at the study site for each hour of the count day and the corresponding percent utilization. As shown in Table 5, the project site experienced a peak parking demand of 255 spaces (50% utilization) at 12:00 PM on the weekday. During a weekend day, the project site experienced a peak parking demand of298 spaces (59% utilization) at 2:00 PM. ).; \25c.,r2i\4cS91\RepOl1\c591 Fam" Expan,j"" Shared I>arkin~ -'n.ly,,, 02-(>9-055 5A.m 1 7 Mr. Enrique Legaspi February 9, 2005 Page 6 Please note that based on general traffic engineering principles, a parking utilization of 90% or greater is considered the threshold at which drivers begin to experience difficulties in finding a place to park. As presented in Table 5, the project site experienced parking demands significantly less than 90% of the parking supply throughout the two survey days. Appendix A contains the detailed parking survey data count sheets. SHARED PARKING ANALYSIS (BASED ON PARKING SURVEYS) In order to accurately forecast the future parking demand for the Santa Ana Downtown Plaza project and validate the theoretical shared parking analysis, the shared parking methodology was utilized in combination with the actual on-site parking surveys. Tables 6 and 7 present the Weekday and Weekend Shared Parking Analysis that includes data obtained from the parking surveys. As shown in these two tables, the existing parking surveys are presented in column 1. Please note that a ten percent (10%) contingency factor was applied to the existing parking survey data to allow for daily variations and/or fluctuations in existing parking demand and to allow for future potential changes in the existing tenants. This contingency factor is presented in the second column of Tables 6 and 7. The third column of Tables 6 and 7 present the shared parking demands of the currently vacant 975 SF suite that is designated for retail use. The fourth column of Tables 6 and 7 present the forecast hourly parking demands of the proposed Famsa expansion project based on City parking codes and ULI's shared parking utilization profiles for a furniture store. As shown in Table 6, the weekday peak parking demand is forecast to occur during the 12:00 PM with a demand of 303 spaces. With a parking supply of 505 spaces, a parking surplus of 202 spaces is forecast during the center's peak parking demand time period. As shown in Table 7, the project site is forecast to experience a weekend peak parking demand at 2:00 PM with 352 spaces. With a parking supply of 505 spaces, the site is forecast to provide a parking surplus of 153 spaces. N \2";'!'2'}4C5'i1\Repml.e591 bm<J Exp"r.,io" Shared Parking ,\naly", oe-09-os55A.rn 18 Mr. Enrique Legaspi February 9, 2005 Page 7 Given the results of the shared parking analysis based on actual parking surveys, the on-site parking supply will be sufficient to accommodate the proposed Famsa expansion project on both the weekday and weekend day. SUMMARY OF FINDINGS AND CONCLUSIONS 1. Santa Ana Downtown Plaza is an existing 102,046 SF mixed-use development, consisting of a variety of retail, office, and restaurant uses. Famsa, a furniture and appliance retail store, proposes to expand by 3,881 SF for overall building size of 27,256 SF. With this expansion project, Santa Ana Downtown Plaza will have a total building area of 105,927 SF. 2. The project site proposes to provide a total on-site parking supply of 505 spaces. 3. Direct application of City parking codes to the existing and proposed uses at Santa Ana Downtown Plaza results in a total parking requirement of 596 parking spaces. With an on-site parking supply of 505 spaces, a parking deficiency of 91 spaces is anticipated. 4. The Theoretical Shared Parking Analysis indicates that Santa Ana Downtown Plaza will have a parking deficiency for a couple of hours on a typical weekday and weekend day. However, this theoretical analysis is not representative of actual conditions at the project site and may be too conservative. 5. Existing parking surveys at the Santa Ana Downtown Plaza indicates that a peak parking demand of 255 spaces were experienced on a recent weekday. Similarly, a peak weekend parking demand of 298 spaces was experienced on a recent weekend day. These parking demands reflected a parking utilization of 50% and 59%, respectively. 6. The Shared Parking analysis based on actual parking surveys indicate that the proposed Famsa expansion project will not adversely impact the parking conditions at the Santa Ana Downtown Plaza. The proposed on-site parking supply of 505 spaces is forecast to adequately accommodate future parking demands on both a weekday and weekend day. * * * * * * * * * * * * N '.250tY.2t)4c5'J]'.l(epon\c591 Fam", Expan,ion Shared Parking ,'naly'" 02-09-055A 'T'81 9 Mr. Enrique Legaspi February 9, 2005 Page 8 We appreciate the opportunity to prepare this analysis for you and the City of Santa Ana. Should you have any questions or need additional assistance, please do not hesitate to call me at (714) 641-1587. Very truly yours, LINSCOTT, LAW & GREENSPAN, ENGINEERS for Christopher H. Nguyen, P.E. Transportation Engineer III cc: File N,".25f)'Y..2i)4C5(I\\Report\25'Jl ramsa Expan,io/l Share<! Parking '\/laly'" 02-09-055 5An2 0 JOl!n6o 6Mp' ~ 01 16Sl\6Mp\ 16Slt'Ol\OOSl\:u t'DOl-60-60 >>:Sl:t'l dOl -' r~ IS', 2!11 i;1~_ L V "'D t, 'I <. _.; N 0; PAN [: ,fl. )Jl'.\\ ~ j 1 9,-C',JI [;, II' ~,~Ib: 1-- ,,':. ,I;., '",,'ffilL '~~WJYilli'ill ~ ~J" ~" r ::; ,w. 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'1;- :<": l; ".." ,.,-- ""D~~ I I,.'ll JI. ,'1\ }l;. ~Hi\l ~ ~ F-. ~ L"'t :s: l/l ~ 3UJ1I t.r3 ~'I .1 ~... - - i"W' I'll '{~ ['i1 0:::: C ~ -*I , C\r: LS ~i Il!., ,:j ~:::"'I ~ ""4(1 ':)~ -- I~:g . ..... ...'. '-"':::" , ...... ~ SSJtJ -:::. ';'JI- ~.r-:.IID ~ '..11 ~':"'; - ~ '4,.:, J!I'" r< t., irl~"J: ~ ~ U. " U 'il it". _ ~il( ~~R si ~:/,,~~Q~.~. ~~)[ ;J1 - 8. ',...:::... ~ 1~ I ~)JT -->-<"'...,:.. ~ n" r -r.:... . 10- ;:', m~ii~1 \ ~~, I I .~ ! -~-I ~.. L'" 55A.,21 ~ - r:a:::I p:: ::> o ~ r... -' (/) o a::: CD (/) <( :::E o I I- W () a::: ::> o (/) W I- Vi t> w ~ <3 :ll: a::: a. ~ W ..J <( U UJ o ~ ~<( ~~ <( ~.... E-4z -<( Z(/) - . u ""0 - :>~ o ~ (l. Z o ti) Z <( (l. X W <( (/) ~ <( l.L. I7l (::~;1 illlliJ JounOD tOOt-tl-OI ot:OI:OI d<Jl O''P'tOH6St\O''P\16SttOt\OOSt\:u t\2 j~ PiI ll..<( I- p:= f";I;:l2 e-.<( ::> -(/) m. e.; I- too--4 Q~ r.. f";I;:l~ mO 00:: ll..a.. 02 ~Q ll..~ <( a.. x w <( (/) ~ <( u.. u 8 ;! ~ . . . I · . ~~.! : .1 :1. 8 · ~ :I!~ lUJ ~II . .~ . ID ~~ . .8. ~. . -~~ ~! I i' 111;1 ! ~ 11111 ~ !, ! .J ~i ! il ~ U ~ I U 0:: < I") o Ci ~ U) W U 0:: ::> o U) II i' I .1 I =. If II 8 ~ 1 b! ~.I lI!li Iii '!I II. ~I l- V) a:: G: ,1M. l::ill 1S.i I I 8 . 8 . .I~ Sn ~ . . 8 ! ~~~~~ . ....,: V) o a:: ~I W ..J < () U) o ~ -~ _ NO~HndS Z I ~ <t '- >- c.. '" >- en '" :;<XlZ :::: U-I - V) s= l.J.J O'l ::: <t 0::: :::: --1 --1 (!J ~ 55A-,22 TABLE 1 EXISTING AND PROPOSED DEVELOPMENT TABULATION [1) Famsa Expansion, Santa Ana Retail Uses: I. Hip Hop Zone Mon-Sun (I OAM-8PM) 1,170 SF 1,170 SF o SF 2, Maria's Clothing Mon-Sun (I OAM-9PM) 2,250 SF 2,250 SF o SF 3, Don Roberto Jewelry Mon-Sun (9AM-9PM) 1,125 SF 1,125 SF o SF 4, Pay less Shoe source Mon-Fri (9AM-9PM); 3,000 SF 3,000 SF o SF Sat (9AM-8PM); Sun (IOAM-7PM) 5, Latin Music Warehouse Mon-Sun (I OAM-7PM) 1969 SF 1,969 SF o SF 6, Cleaners Mon-Sun (9AM-6PM) 1,300 SF 1,300 SF o SF 7, Angeles Vision Center Mon-Fri (9:30AM-5PM) 1,300 SF 1,300 SF o SF 8, Wateria Mon-Sun (IOAM-8PM) 1,170 SF 1,170 SF o SF 9, Grace's Flowers Mon-Fri (9AM-9PM); 900 SF 900 SF o SF Sat-Sun (IOAM-9PM) 10. Ord Lifestyle Mon-Thur (IOAM-8PM); Fri (lOAM-7:30PM); 1,200 SF 1,200 SF o SF Sat (IOAM-8PM); Sun (1IAM-7PM) II. Checks Cashed Mon-Sun (9AM-7PM) 910 SF 910 SF o SF 12, Sports Plus Mon-Sun (10:30AM-8:30PM) 3,500 SF 3,500 SF o SF 13. Food-4-Less Mon-Sun (6AM-12AM) 37,972 SF 37,972 SF o SF 14, One Hour Photo Mon-Sun (IOAM-7PM) 975 SF 975 SF o SF 15. Vacant N/A 975 SF 975 SF o SF 16, Salon BelIeza Mon-Fri (IOAM-8PM); 975 SF 975 SF o SF Sat-Sun (9AM-8PM) 17, Una Nails Mon-Sun (IOAM-8PM) 975 SF 975 SF o SF 18, Household Finance Mon-Fri (8:30AM-5:30PM); 2,667 SF 2,667 SF o SF Sat (IOAM-7PM) Retail Subtotal 64,333 SF 64,333 SF o SF 55~f23 TABLE 1 (continued) EXISTING AND PROPOSED DEVELOPMENT TABULATION II) Famsa Expansion, Santa Ana Retail Furniture Uses: 19, Famsa Man-Sun (I OAM-8PM) 23,375 SF 27,256 SF +3,881 SF Retail Furniture Subtotal 23,375 SF 27,256 SF +3,881 SF Medical Office Uses: 20, Dr. Rinaldo Gonzales Mon-Fri (lOAM-I PM; 2:30PM-7PM) 1,300 SF 1,300 SF o SF Business Office Subtotal 1,300 SF 1,300 SF o SF Restaurant Uses: 21. Panaderia, Mon-Sun (7 AM-I OPM) 2,600 SF 2,600 SF o SF Ensenada Y Restaurant 22, Little Caesars Mon- Thur (II AM-I OPM); 1,300 SF 1,300 SF o SF Fri-Sat (I lAM-I IPM); Sun (IIAM-IOPM) 23, Golden Gate Mon- Thur (II :30AM-8PM); 910 SF 910 SF o SF Chinese Food Fri-Sat (II :30AM-9PM); Sun (II :30AM-8PM) 24, Donut Inn 24 hours daily o SF o SF o SF (part afFood-4-Less) 25, McDonald's Mon-Sun (6AM-IIPM) 4,800 SF 4,800 SF o SF 26, Jugos Acapulco Man-Sun (7 AM-9PM) 900 SF 900 SF o SF 27. Taco Bell Mon- Thur (8AM-l OPM); 2,528 SF 2,528 SF o SF Fri-Sat (8AM-12AM); Sun (8AM-IOPM) Restaurant Subtotal n:\2500\2042591\tables\2591 Table I Development Summary,xls 55,AT24 TABLE 2 CITY CODE PARKING REQUIREMENT Famsa Expansion, Santa Ana Retail Uses 64,333 SF 5 per 1,000 SF 322 Retail/Fumiture 27,256 SF 5 per 1,000 SF 136 Medical Office Uses 1,300 SF 6 per 1,000 SF 8 Restaurant Uses 13,038 SF 10 per 1,000 SF 130 Notes: [1] Source: City of Santa Ana Off-Street Parking Requirements, Section 41-1300 through Section 41-1420, n:\2500\2042591\Tables\Table 2 City Parking Code Requirements,xls 55AT25 TABLE 3 WEEKDAY THEORETICAL SHARED PARKING ANALYSIS [IJ Famsa Expansion, Santa Ana .......................................................,.....,.....-..... ............................-. .... .........-.-.-...................,...................,.............,..... ........................................................................... :!~~:I_;:' .-.-.--'tt~56-$F---'-;..-"--'-'-i..~~~:I,:::: ;;::;:;u~$F::;:;:;::;:;;:;:;:;:::; 1_'rfu;~III;lItiP!II.I.~I!"..11 .......-............................. .................... ..................................... .................... , ::::p.-th%it::::/ "N\kiifi'; :;:;f:;::::~r;;:;;;Ni::::t;:: "'piiHffii ~1~I:ilil~#t~~f~tl~:zi~~:~<!~I~~!#!!~i~lf~l 'PffijAAil$P~~1iii :;Y~4$.ti#4{P~fu~$.j@1iii :: }Q~~m~il~ 0% 0 0% 0 3% 0 0% 0 8% 26 8% 11 20% 2 2% 3 17% 55 17% 23 63% 5 5% 7 40% 129 40% 54 93% 7 10% 13 65% 209 65% 88 100% 8 20% 26 83% 267 83% 113 100% 8 30% 39 92% 296 92% 125 90% 7 50% 65 6:00 AM 7:00 AM 8:00 AM 9:00AM 10:00 AM 11:00 AM NOON ?h06I#M:..'.. .................... . ................... 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM II:OOPM MIDNIGHT 92% 296 90% 290 83% 267 75% 242 78% 251 85% 274 83% 267 58% 187 30% 97 12% 39 0% 0 92% 90% 83% 75% 78% 85% 83% 58% 30% 12% 0% 125 122 113 102 106 116 113 79 41 16 o 97% 8 93% 7 77% 6 47% 4 23% 2 7% I 7% I 3% 0 3% 0 0% 0 0% 0 60% 60% 50% 70% 90% 100% 100% 100% 90% 70% 50% 78 78 65 91 117 130 130 130 117 91 65 o 42 90 203 331 427 493 507 497 451 439 476 521 511 396 255 146 65 ................... -..,..',............. >>~m-iy: ................... . . . . . . , . . . - . . . . . . . . ................... ~$~~ $9P@.Y 505 505 505 505 505 505 505 505 505 505 505 505 505 505 505 505 505 505 +505 +463 +415 +302 +174 +78 +12 -+2 +8 +54 +66 +29 -16 -+6 +109 +250 +359 +440 [1] Based on weekday hourly parking accumulation percentages provided in the Urban Land Institute (ULI) Shared Parking Publication, n:\2500\2042591\Tables\2591 Table 3 Weekday Shared Parking,xls 55AT26 TABLE 4 WEEKEND THEORETICAL SHARED PARKING ANALYSIS 11J Famsa Expansion, Santa Ana ........,............................ ............-........................ ................................... ..................................... ._.:.:.:.:.:~3.:.SF:.:.:.:.:.:.:::.:::.:.:.. ::::::::1t~56::::::SF:::::::::::::::::::::~:::: :':::':'::::=lJoo::::::Sj:::::::::':'::::::::::: ;:;:;::':ij;:ws:::;:;ijF:;:;:;::':'::;:;:;:;:;:;:: ,@P.. .',.', "...,:..,.......,@..,...,..,..;..,....$....,\,~,...... s......Pf:............l..,'...ij,.,..., O,..,.,.~...S.....,...,F,....;;;....,";.;....;;,.;..;;.;..;;,;;;...,; ,.;;.;...;;,'...'.....;;.;,...;,...@'s.'.....,.;,.",.;..;,.....,..lW.,'(\';,.,.;,.;,.,.;.;;.~;.'.;~.;...;.;;...;$.';.S;,'.;;; I~.;oo;.'.;;;.;;,.'.;;,;.;;".;;..;..,.;;;;'n;,..;.,~.'.,..;.....5;.;.;, F,.;".;;...;.;.;.....;..;;,.;..;;.',..",.,,';";; .;.;,'.;;,..;;,@;,..;;;.;s.;,..,'.;.'....P.l:l:t;.;......l...;..;'m,.,..:,.;,.~'~,..,...~.,...;.;,;IW;;".;..;;;;.,.;;,;;;.'.;;,.;;,.;;,'.;;;ll;;,':;;;.;;,'.;.,';,;..;OO.;,,.,..;;...;.,;;..;J.,;,......3~;:....,;,;,......,Q.,SF;.'....;:..;;,.;;;,.;,;.;;..;;,.;;..;;,....;.;;.'.;,';.., .;.;'...;.;,.;,~,.., L......,.;.~,...~....'....$,'...;::f,..:,.l..,.,;;...;oo.....;'.,.,.~...;.,j~....,.~....~i: "'. .' ".' ..... ,.'. . ..' ;:.:. .;. :.;::;;::'.' ...: . .. . ~r.,.,,- ' "..... )).$P!ijM.J~~ , ..................-................. ..................................... .................................... ..................................... ....IIt,I.........~rl~... ..~tI8..........I~I~.... ....~I~I........II...! ...~IB..........~111... Piiffi#.#.$.P.@~ ..~~~$p#.#iP~ir$.P.@~ ..:p~~$p#.#'i\ 0% 0 3% 0 0% 0 3% 4 20% 2 2% 3 63% 5 93% 7 ]00% 8 ]00% 8 90% 7 90% 7 6:00 AM 0% 0 7:00 AM 3% 10 8:00 AM 10% 32 9:00AM 30% 97 ]0:00 AM 45% ]45 ] 1:00 AM 73% 235 NOON 85% 274 1:00 PM 95% 306 ......'...,.......,..,. ..................,.,..... ...<2iiiDPM;... ...................... .. .............. 3:00 PM ]00% 322 4:00 PM 90% 290 5:00 PM 75% 242 6:00 PM 65% 209 7:00 PM 60% ]93 8:00 PM 55% 177 9:00 PM 40% ]29 ]0:00 PM 38% ]22 ]]:OOPM 13% 42 MIDNIGHT 0% 0 ]0% ]4 30% 4] 45% 6] 73% 99 85% 116 95% ]29 100% 136 90% ]22 75% 102 65% 88 60% 82 55% 75 40% 54 38% 52 13% ]8 0% 0 93% 7 77% 6 47% 4 23% 2 7% ] 7% ] 3% 0 3% 0 0% 0 0% 0 3% 4 6% 8 8% ]0 ]0% 13 30% 39 45% 59 45% 59 45% 59 60% 78 90% 117 95% ]24 100% 130 100% 130 95% ]24 85% ]11 70% 9] o ]9 55 ]53 224 355 436 50] .................. .iil.. \$#ti.ilY ... . 505 505 505 505 505 505 505 505 +505 +486 +450 +352 +28] +]50 +69 +4 524 505 -]9 477 505 +28 426 505 +79 4]6 505 +89 400 505 +]05 383 505 +]22 313 505 +]92 298 505 +207 17] 505 +334 9] 505 +4]4 (I] Based on weekday hourly parking accumulation percentages provided in the Urban Land Institute (ULI) Shared Parking Publication. [2] In an effort to remain conservative, the weekday office parking demand profiles per ULI were utilized, n:\2500\204259]\Tab]es\259] Table 3 Weekday Shared Parking,xls 55A.,.27 TABLE 5 EXISTING PARKING SURVEY RESULTS Famsa Expansion, Santa Ana 8:00 AM 92 18% 91 18% 9;00 AM 147 29% 120 24% 10:00 AM 178 35% 166 33% 11 :00 AM 192 38% 240 47% 12;00 PM 1 :00 PM 2;00 PM 3 :00 PM 186 37% 283 56% 4;00 PM 205 40% 287 56% 5 :00 PM 225 44% 250 49% 6;00 PM 197 39% 237 47% 7;00 PM 211 42% 230 45% 8:00 PM 181 36% 226 44% 9:00 PM 102 20% 152 30% 10:00 PM 82 16% 107 21% Notes: [1] Parking utilization calculations based on an existing on-site parking supply of 508 spaces. n:\2500\2042591\Tables\2591 Table 5 Parking Survey Summary,xls 55A.,28 TABLE 6 WEEKDAY SHARED PARKING ANALYSIS (WITH PARKING SURVEYS) Famsa Expansion, Santa Ana ...................... .................. . '}...'.NKM. .................... ..................... ................... ..................... t~tl@g ................... .......-....-....... .................... ..........-.......... .[$~i.' 6:00 AM 0 0 0% 0 7:00 AM 0 0 8% 0 8:00 AM 92 9 17% I 9:00 AM 147 15 40% 2 10:00 AM 178 18 65% 3 I ]:00 AM 192 19 83% 4 ....................... .....-.-.--........ "jiirnrpM... ...........".......... .. .................... ] :00 PM 225 23 95% 5 2:00 PM 197 20 92% 5 3:00 PM ]86 ]9 90% 5 4:00 PM 205 2] 83% 4 5:00 PM 225 23 75% 4 6:00 PM 197 20 78% 4 7:00 PM 2] I 2] 85% 4 8:00 PM ]81 ]8 83% 4 9:00 PM 102 10 58% 3 10:00 PM 82 8 30% 2 Notes: ..................-....................... .......................................... ,.,.,<"'.,.,.,.~ili.8i".'.'Sif'.'."'.,.,."'."'."'.,.'. .........I.~.~.~~.i~I..I........ $~~@ ...Wt? . . . . . . . . . . . . . - . . . . . . .................... :.r:r%~#W\, """""""""""""""""""" r#t~~~ ..:~,B :....~~~ ..'~i.i.~I() 0% 0 8% 2 17% 3 40% 8 65% 12 83% 16 o 2 ]05 ]72 211 23] .................. Qii.c$.iU ............-.... ................. )i~ $.#i\Pij 505 505 505 505 505 505 .. ...................... . ..................... ...:~r~i ....~ ...tfH +505 +503 +400 +333 +294 +274 95% 92% 90% 83% 75% 78% 85% 83% 58% 30% [I] Counts were conducted by Transportation Studies, lnc on Thursday, August 26,2004, [2] To account for daily variation/fluctuation in parking demands, a conservative ten percent (10%) contingency factor was applied to the existing parking counts, [3] A 975 SF suite, designated for retail use, was vacant during the parking surveys, n:\2500\2042591\Tables\259] Table 6 Weekday Shared Parking,xls 55A"l'~9 ]8 17 17 16 14 ]5 16 16 II 6 271 239 227 246 266 236 252 2]9 126 98 505 +234 505 +266 505 +278 505 +259 505 +239 505 +269 505 +253 505 +286 505 +379 505 +407 LINSCOTT LAW & GREENSPAN engineers TABLE 7 WEEKDAY SHARED PARKING ANALYSIS (WITH PARKING SURVEYS) Famsa Expansion, Santa Ana ..........-.............................. .........."...".......................... . .)i.,~;~t$Jl'\<..(....... ...........................-.............. ... ,..........-...........-.--......... ........................,'",............",.., ... ..........--........ ........... . :Him~~.(~~~~~~' .$Ii##.:.... )]!t. .................. ................. Nii/@) .................. ................. .................. ............. - -.. ~fI\*=: i:$.~4:i o o I 2 2 4 4 5 ................. -.. .r~i!t.i ::i@t*i:/ ~im~) 0% 3% 10% 30% 45% 73% 85% 95% ..................... .................... .N~a;t ..................... ................ ... .................... . ................... .t~ij$t:: <...~~~...:... o I 2 6 9 14 16 18 .....,............. ,8Wm~r, :~!!ffl!~ ::$iiwij' 505 505 505 505 505 505 505 505 .. ...................... JIIII +505 +504 +402 +365 +311 +223 +201 +178 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00AM 11:00 AM 12:00 PM 1:00PM ....................... .-..................... ~~OOlM... 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM o o 91 120 166 240 258 276 o o 9 12 17 24 26 28 0% 3% 10% 30% 45% 73% 85% 95% o I 103 140 194 282 304 327 283 287 250 237 230 226 152 107 28 29 25 24 23 23 15 11 100% 90% 75% 65% 60% 55% 40% 38% 5 100% 19 5 90% 17 4 75% 14 3 65% 12 3 60% II 3 55% 10 2 40% 8 2 38% 7 335 338 293 276 267 262 177 127 505 +170 505 +167 505 +212 505 +229 505 +238 505 +243 505 +328 505 +378 Notes: [I] Counts were conducted by Transportation Studies, Inc on Saturday, August 26, 2004, [2] To account for daily variation/fluctuation in parking demands, a conservative ten percent (10%) contingency factor was applied to the existing parking counts, [3] A 975 SF suite, designated for retail use, was vacant during the parking surveys, n:\2500\2042591\Tables\2591 Table 7 Weekend Shared Parking,xls 55A"T30 variance No. 2004-18 February 28, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subj ect property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subj ect site that necessitates a reduction of on-site parking for the Santa Ana Downtown Plaza. The commercial center is situated on a flat, rectangular parcel of land with adequate vehicular access. Similar commercial centers have constructed expansions that are in compliance with the City's parking code. Therefore, the strict application of the zoning code would not deprive the subject property of privileges. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for reduction of required on-site parking stalls is not necessary for the preservation of property rights as the Santa Ana Downtown Plaza will maintain the ability to operate all existing uses under the City's non-conforming use regulations. In addi tion, should restaurant or medical use tenants transition to retail tenants, the center would be able to expand the buildings as it would be able to provide the required number of parking stalls. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the required on-site parking will be detrimental to the public welfare or injurious to the surrounding properties by exacerbating the lack of parking in the area. EXHIBIT 7 55A-31 Variance No. 2004-18 February 28, 2005 Page 2 of 2 D. That the granting of the variance will not adversely affect the General plan of the City. The granting of the variance will adversely affect the General plan of the Ci ty since the proposed expansion will create negative parking impacts which will impact surrounding commercial and residential uses. This will be in conflict with the City's goal to promote development which enhances the quality of life of its residents. 55A-32 KO -03/02/05 RESOLUTION NO. 2005-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2004-18 FOR A REDUCTION IN REQUIRED ON-SITE PARKING FOR THE PROPERTY LOCATED AT 419 EAST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2004-18, for a reduction in required on-site parking to allow the expansion of the retail establishment located at 419 East First Street. B. Variance No. 2004-18 came before the Planning Commission on February 14, 2005 for a duly noticed public hearing. The Planning Commission continued the matter to February 28, 2005. C. The Planning Commission determines that for Variance No. 2004-18 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have not been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subject site that necessitates a reduction of on-site parking for the Santa Ana Downtown Plaza. The commercial center is situated on a flat, rectangular parcel of land with adequate vehicular access. Similar commercial centers have constructed expansions that are in compliance with the City's parking code. Therefore, the strict application of the zoning code would not deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Resolution No. 2005-05 Page 1 of 3 55A-33 The variance for reduction of required on-site parking stalls is not necessary to preserve property rights as the Santa Ana Downtown Plaza will still maintain the ability to operate all existing uses under the City's non-conforming use and expand the building should some of the uses which require a greater parking demand than retail uses be replaced by retail uses. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the required on-site parking will be detrimental to the public welfare or injurious to the surrounding properties by exacerbating the lack of parking in the area. 4. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the General Plan of the City since the proposed expansion will create negative parking impacts which will impact surrounding commercial and residential uses. This will be in conflict with the City's goal to promote development which enhances the quality of life of its residents. D. In accordance with the California Environmental Quality Act (CEQA), the recommended action is not considered a CEQA project. Therefore no environmental documentation is required. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Variance No. 2004-18. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 28th day of February, 2005 by the following vote: AYES: Commissioners: Cribb,De La T orre,Gartner,Leo,Lutz,Mondo,Nalle(7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2005-05 Page 2 of 3 55A-34 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, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No.2005-05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 28, 2005. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2005-05 Page 3 of 3 55A-35 STUDIO 3 ARCHITECTS architecture planning interiors March 9,2005 Planning and Building Agency Panning Division 20 Civic Center Plaza Santa Ana, CA 92702 RE: Appeal Application III. Reason for request 419 E. First Street, Santa Ana, CA 92701 S3A# 041054 A variance Was requested for a reduction in parking at the Santa Ana Downtown Plaza to allow for an addition of3,881 s.f. to the existing FAMSA store due to the city considering the use retail. The stalls as marked on the plans are located at the rear of the site normally used by employees and for deliveries. Based on the findings from the planning department, the variance was recommended for approval. A parking study provided for the site demonstrates that the center has an excess of parking needed during peak hours to support the business it serves if one accepts the shared use parking analysis that staff accepted for planning conditions. Items brought up during the Planning Commission Hearing, beyond the control of the landlord, have been used to deny the project, such as the overflow of parking from other sites, and lack of maintenance which we have explained is scheduled for compliance upon permit. Staff reported that only one sign would require modification. As downtown Santa Ana begins to evolve with new business and attractions, so does the need for parking. Although there are fee based city parking structures to alleviate the demand, people will chose to park, for free, at the adjacent shopping centers. With the recent construction and continued growth of the artist lofts, the demand will continue to grow and burden the existing neighboring centers. The Santa Ana Downtown Plaza is one of the most affected centers from this type of overload. Not only is parking an issue but the pedestrian traffic generated by the over use of the center by those not willing to use the city provided parking structures. Pedestrian traffic in turn generates an excess wear on the site, landscape and maintenance. The applicant has made efforts to cooperate with the city; however, the city cannot assist. The burden imposed by neighboring city approved developments is being singled out as a basis of denial. although the site is regularly maintained. Suggesting that the parking area be metered, gated, or the closing of adjacent le~ser producing business further imposes on 949-660-79X5 20101 S,W Birch SL Suitc 240 Newport Beach. CA 92660 EXHIBIT B 909-9X2 -1717 325 N, Second Avcnuc Suite E Upland. CA 917X6 604X 55A-36 the landlord's substantial property rights and will be detrimental to the city if the traffic patterns are allowed to be further congested with cars queuing in the streets and storefronts going dark. There were also several comments made at the hearing that were not related to the project yet were considered for reason of denial. One commissioner mentioned that council had been making a lot of bad decisions and therefore would not support this variance. Another comment was in reference to the Ace Muffler Shop, which although has the appearance of being part of the center it is not. Furthermore, since there are no physical barriers between the Ace Muffler Shop which is unkept unfortunately presents itself as a main view to the center from First Street. The City of Santa Ana ordinance allows for this type of variance, and ask that you honor it as staff has presented previously. Thank you, STUDIO 3 ARCHITECTS ,,..,... Patricia Arroyo Project Manager, STUDIO 3 ARCHITECTS cc. Enrique Legaspi, Regency Centers 55A-37 cmorSANTA ANA rLA.\\I~G & BVlLDl\G A.GE~CI PLANNING & cUILDlNG AGENCY COMMUNITY PRESERVATION 20 CIVIC CENTER PLAZA (M19) P.O. BOX 1988 SANTA ANA, CA 92702 (714) 667-2780 COMMERCL-1L CODE ENFORCEMENT NOTICE OF VIOLATION & NOTICE TO ABATE PUBLIC NUISANCE Address/Location of Violation: 301-423 E. First St. Santa Ana CA 92701 Violator Name: Regency Centers, Enrique Legaspi (Vice President. ZONE C-5 DATE: 3 -)4--05 Assessor's Parcel Number: 398-482-33 Title Vice President! Pro e Owner Telephone Number: Date Observed: 3/08/2005 Business Name: FAMSA, ORD, FOOD 4 LESS, CLEANERS, HIP HOP ZONE, CHIQIDS BEAUTY SALON. o Operational standards in M districts. Permitted activities shall not have a detrimental effect on adjacent uses and properties shall be mainta' in a safe, sanitary and attractive condition SAMC 41-473 (ai, (f) o Outdoor storage in M districts shall be ~creened From public view. SAMC 41-473 (hi o Trash and Utility areas shall be screene from Public View. SAMC 41-623 (hi o Landscaping not maintained (requires gro and water maintenance). SAMC 41-609 o Any accumulation of rubbish is prohibited SAMC 16-48 (4i o Use not permitted in zone. SAMC41-190(ai o Business activities conducted outside an enclosed structure in a _Zone SAMC o Sign Permit required to place, Il . t, erect, move, reconstruct, alter, or display y sign. SAMC 41-895 o No person shall install, co truct or maintain an illegal sign. SAMC 41-900 Remarks/Required Action. complete inspection report of violations. Planning Division approval is required fo installation of a~ signs. Building and Electrical permits may be required. State: CA Zip: 90071 Violator'slBusiness Mailing Address: 555 South Flower St. Suite 3500 You ARE IN VIOLATION OF THE FOLLOWING S \ A ANA MUNICIPAL CODE SECTIONS Work ~thout permits. The work described below requires rmits.tiibtain permits within_days. Cover no work Until inspe ed and approved. SAMC 8-94, UBC 106.1, SAMC 8-30 -558/8-711 o Conducting bus~s without the required Santa Ana Business Tax Licern,e. Call Business Tax License at (714) 647-5448 for information, SAMC 21-5 o Conducting business without the require Certificate of Occupancy. Call the Santa Ana Planning. Building Agency at (714) 647-5853 for Occupancy Information. SAMC 8-112 (UBC 109.1) ~ SEE ATTACHED INSPECTION REPORT FOR ADDITIONAL VIOLATIONS & INFORMATION. Other: ?- Notice i hereby given that all violations ust be corrected within 60 DAYS from the date of receipt of this notic . It is the responsibili ty of t e property owner and/or occupant to notify this office when the above correction have been completed. You hay the right to request an administrative hearing to determine the validity of the violatio s listed and/or to show cau why you are not liable. If the violations are upheld, you will be ordered to abate the nUl ance and all costs of en rcement and or abatement will be assessed and will continue to accrue until all the violation are abated Fai e to abate the violation(s) will result in the matter being referred to the City Attorney's Offic or a Cot rder to abate the nuisance and/or criminal prosecution. These violations are a misdemeanor offense and each day that they continue constitutes a new and separate offense. In addition to this Notice Of Violation, an Administrative Citation may be issued and additional fines may be imposed. Be advised that all Interested parties and/or lien holders will be notified of this Notice of Violation. SEE ATTACHED FEE SCHEDULE AND ANY OTHER DOCUMENTS ATTACHED This notice has heen mailed/posted pursuant to Article 8 (commencing with section 17-100) of Chapter 17 oftbe Santa Ana Municipal Code NOTE: A copy of this notice will be sent to tbe owner(s) of record for violations occurring on private property. Further information may be obtained by contacting the undersigned Inspector(s) between the hours of7:00-6:00. Sunday-Wednesdav PrODertv Owner{s) of Record: Regency Centers Enrique Legaspi- Vice President Inspector Robert Trejo I ill #09 555 South Flower St. Suite 3500 Los Angeles, CA 90071 55~!9" c (714) 667- 2750 OR (714) 667-2780 C1TYOFSANTA ANA PL\NNh~G & BUlLDL~G AGEXCY PLANNING & BUILDING AGENCY COMMUNITY PRESERVATION 20 CIVIC CENTER PLAZA (M19) P.O. BOX 1988 SANTA ANA, CA 92702 (714) 667-2780 COMMERCIAL CODE ENFORCEMENT NOTICE OF VIOLATION & NOTICE TO ABATE PUBLIC NmsANcE VIOLATION DETAILS PAGE 2 of4 I CODE VIOLATION DESCRIPTION OF VIOLATION SAMC 41-880(a), (b), (e) SAMC 41-895 SAMC 41-900 SAMC 41-861(1) SAMC 41-195.5 SAMC 41-425(a) SAMC 41-609 SAMC 41-1304 (d) SAMC 41-198.100 SAMC 41-895 SAMC 21-5 SAMC 8-112 (UBC 109.1) VIOLATION ADDRESS: 301 - 423 E. First (GenerallAreas) A PLANNED SIGN PROGRAM IS REQUIRED FOR ALL BUILDINGS CONSISTING OF TIffiEE OR MORE LEASABLE SPACES. Please submit sign plans to the Planning Division for review and approval of a sign program. Insure that the monumellt sign and all unpermitted signs in the complex conform to the a roved Si n Pro ram EXCEPT IN ACCORDANCE WITH THE ISSUANCE OF A PERMIT, NO PERSON SHALL PLACE, PAINT, ERECT, ALTER, OR DISPLAY ANY SIGN STRUCTURE OR ALLOW TO BE DONE ON A PROPERTY. Please remove or obtain Planning Division approval for the monument sign located at Southeast access 0 0 First Street. NO PERSON SHALL INSTALL, CONSTRUCT, OR MAINTAIN AN ILLEGAL SIGN. Please remove or obtain Planning Division approval for the monumellt sign located at Southeast access 0 0 First Street. PORTABLE, TEMPORARY, & A-FRAME SIGNS ARE PROHIBITED. Please remove immediately, an administrative citation may be issued if the violations continue and are not corrected. OUTSIDE STORAGE OR EXTERIOR DISPLAYS ARE PRIllBITED IN COMMERCIAL ZONES EXCEPT WITH AN APPROVED LAND USED CERTIFICATE. Please remove all items, ineluding the grocery carts from public view and cease all exterior dis la slvendin without a Land use Certi Icate. ALL BUSINESS ACTIVITIES SHALL BE CONDUCTED SHALL BE CONDUCTED OR LOCATED WITHIN AN ENCLOSED BUILDING IN A C-5 ZONE, EXCEPT AS OTHERWISE PROVIDED IN SECTION 41-195.5 Please remove all items from public view and cease all exterior displayslvending without a Land Use Certi cate. WHERE A LANDSCAPE, AS DEFINED IN SECTION 41-100, IS REQUIRED BY THE PROVISIONS OF THIS CHAPTER, SAID LANDSCAPE SHALL BE CONTINOUSL Y MAINTAINED BY PROPER PRUNING, MOWING OF LAWNS, WEEDING, REMOVAL OF LITTER, FERTILIZING, REPLACING OF PLANTS AND DECORATIVE MATERIAL WHEN NECESSARY, AND THE REGULAR WATERING OF PLANTS. Please maintain re uired landsca in to a roved Santa Ana Munici al Code standards. ALL REQUIRED STALLS SHALL BE CLEARLY OUTLINED WITH DOUBLE-STPIPING ON THE SURFACE OF THE LOT. SUBMIT PLANS AND OBTAIN A BUILDING PERMIT TO INSURE STRIPING CONFORMS TO CURRENT REQUIREMENTS. Submit plans to the Planning Division and obtain a building permit to insure the striping con orms to current re uiremenis. EXTERIOR PAYPHONE FACILITIES. (2) A LAND USE CERTIFICATE SHALL BE ISSUED IN ACCORDANCE (B)(l) OF THIS SECTION ONLY IF THE FOLLOWING STANDARDS AND CONDITIONS ARE MET: Please remove all exterior payphones or obtain a valid Land Use Certificate to maintain. Contae the Plannin Division for L.U.c. a lieation. VIOLATION ADDRESS: 301 E. First, Unit 1C --"0rd" , EXCEPT IN ACCORDANCE WITH THE ISSUANCE OF A PERMIT, NO PERSON SHALL PLACE, PAINT, ERECT, ALTER, OR DISPLAY ANY SIGN STRUCTURE OR ALLOW TO BE DONE ON A PROPERTY. Please remove or obtain Planning Division approval to maintain the wall sign 011 the front elevation 0 Unit 1 C. A buildin ermit ma be re ltired. CONDUCTING BUSINESS WITHOUT THE REQUIRED CITY OF SANTA ANA BUSINESS LICENSE. The business license tax has been paid, but the business license has not been issued due to the lack of a Certificate of Occupancy. Please call the Planning & Building Agency at (714) 647- 5853 or occu an in ormation. CONDUCTING BUSINESS WITHOUT THE REQUIRED CERTIFICATE OF OCCUPANCY. CERTIFICATE OF 0 C CESS MUST BE INITIATED WITHN 7 DAYS. Business does not occu aney or a business license. Please call the Plannin C1TYOFSANTA ANA PLANMNG & BUILDING AGE.~CY PLANNING & BUILDING AGENCY COMMUNITY PRESERVATION 20 CIVIC CENTER PLAZA (M19) P.O. BOX 1988 SANTA ANA, CA 92702 (714) 667-2780 COMMERCIAL CODE ENFORCEMENT NOTICE OF VIOLATION & NOTICE TO ABATE PUBLIC NUISANCE VIOLATION DETAILS PAGE 3 of 4 1 CODE VIOLATION i DESCRIPTION OF VIOLATION SAMC 41-895 SAMC 41-900 SAMC 41-861(2) SAMC 41-1304 (i), 8-94/ UBC 106.1 SAMC 41-198.100 SAMC 41-895 SAMC 41-900 SAMC 41-895 SAMC 41-900 SAMC 8-112 (UBC 109.1) & Blli/ding Agency at (714)647-5853 for occllpancy information. VIOLATION ADDRESS: 419 E. First St, "FAMS!A" EXCEPT IN ACCORDANCE WITH THE ISSUANCE OF A PERMIT, NO PERSON SHALL PLACE, PAINT, ERECT, ALTER, OR DISPLAY ANY SIGN STRUCTURE OR ALLOW TO BE DONE ON A PROPERTY. Please remove or obtain planning division approval for wall the wall sign age and banner signs located on the ront elevation 0 the blli/din . A blli/din ermit ma be re lIired. TEMPORARY OR SPECIAL EVENT BANNERS ARE PROIllBITED EXCEPT WITH A SPECIAL EVENTS SIGN PERMIT. Remove Banners being displayed on property or obtain approved special events sign permit within 24 hOllrs. (Administrative citations may be isslled to the bllsiness owner for fai/llre to com I .) ALL PARKING AREAS REQUIRED BY THIS CHAPTER ARE TO BE MAINTAINED IN A SAFE, CLEAN AND REPARlED STATE WITH NO POTHOLES, SOLID PAVING, AND LEGIBLE STRIPING. BUILDING PERMIT WILL BE REQUIRED FOR PAVING/STRIPING AND DISABLED ACCESS COMPLIANCE. EXTERIOR PAVPHONE FACILITIES. (2) A LAND USE CERTIFICATE SHALL BE ISSUED IN ACCORDANCE TO ITEM (B) (1) OF TillS SECTION ONLY IF THE FOLLOWING STANDARDS AND CONDITIONS ARE MET: Please remove all exterior payphones or obtain a valid Land Use Certificate to maintain. Contact the Planning Division for L.U.C. a lication. VIOLATION ADDRESS: 423 E. First St. Unit # 3D "CLASSId CLEANERS" EXCEPT IN ACCORDANCE WITH THE ISSUANCE OF A PERMIT, NO PERSON SHALL PLACE, PAINT, ERECT, ALTER, OR DISPLAY ANY SIGN STRUCTURE OR ALLOW TO BE DONE ON A PROPERTY. NO PERSON SHALL INSTALL, CONSTRUCT, OR MAINTAIN AN ILLEGAL SIGN. VIOLATION ADDRESS: 431 E. First St. Unit # 4H "Hip Hop Zone" EXCEPT IN ACCORDANCE WITH THE ISSUANCE OF A PERMIT, NO PERSON SHALL PLACE, PAINT, ERECT, ALTER, OR DISPLAY ANY SIGN STRUCTURE OR ALLOW TO BE DONE ON A PROPERTY. Please remove or obtain Planning Division approval for the wall signage located on the front elevation 0 the bllildin . NO PERSON SHALL INSTALL, CONSTRUCT, OR MAINTAIN AN ILLEGAL SIGN. CONDUCTING BUSINESS WITHOUT THE REQUIRED CERTIFICATE OF OCCUPANCY. CERTIFICATE OF OCCUPANCY PROCESS MUST BE INITIATED WITHN 7 DAYS. HiTJHoTJZone. B call the Plml1lin C1TYOFSANTA ANA PlA~~IXG & BUlLDISG AGEXCY PLANNING & BUILDING AGENCY COMMUNITY PRESERVATION 20 CIVIC CENTER PLAZA (M19) P.O. BOX 1988 SANT A ANA, CA 92702 (714) 667-2780 COMMERCIAL CODE ENFORCEMENT NOTICE OF VIOLATION & NOTICE TO ABATE PUBLIC NUISANCE VIOLATION DETAILS PAGE 4 of4 I CODE VIOLATION i DESCRIPTION OF VIOLATIOl'i' I VIOLATION ADDRESS: 431 E. First St. Unit # 4k "CHIQIDS SALON DE BELLEZA" SAMC 41-895 EXCEPT IN ACCORDANCE WITH THE ISSUANCE OF A PERMIT, NO PERSON SHALL PLACE, PAINT, ERECT, ALTER, OR DISPLAY ANY SIGN STRUCTURE OR ALLOW TO BE DONE ON A PROPERTY. Please remove or obtain Planning Division approval for the wall sign located on the front elevation of the building. , SAMC 41-900 NO PERSON SHALL INSTALL, CONSTRUCT, OR MAINTAIN AN ILLEGAL SIGN. Remove and/or legalize all unapproved signage. Our records indicate that Planning Division approval was not obtained for the signs attached to the front elevation oOhe buildinI!. SAMCS-Il2 CONDUCTING BUSINESS WITHOUT THE REQUIRED CERTIFICATE OF OCCUPANCY. I(UBC 109.1) CERTIFICATE OF OCCUPANCY PROCESS MUST BE INITIATED WITIllNG SEVEN DAYS. "Chiquis Salon De Belleza" Business does not have a Certificate of Occupancy or a Business License. Please call the Planning & Building agency at (714) 647-5853 for Occupancy information. VIOLATION ADDRESS: 315 E. First St, "FOOD 4 LESS" SAMC 41- NO OUTDOOR VENDING MACIllNE MAY BE INSTALLED, MAINTAINED, REPAIRED 198.300(B) OR OPERATED IN THE CITY WITHOUT FIRST BEING ISSUED A VALID LAND USE CERTIFICATE. Remove all vending machines or obtain a Land Use Certificate to maintain. Contact Planning Division for L. U. C. alJfJlication. SAMC 41-425(a) ALL BUSINESS ACTIVITIES SHALL BE CONDUCTED SHALL BE CONDUCTED OR LOCATED WITHIN AN ENCLOSED BUILDING IN A C-5 ZONE, EXCEPT AS OTHERWISE PROVIDED IN SECTION 41-195.5 Please remove all item, including grocery carts, from public view and cease all exterior disp1ayslveTIding without a Land Use Certificate. Youth Amusement Rides (kiddie-rides) are not allowed in a C-5 zone. Please remove. 55A-41 I I I I I I I I I I I I I I I I I I I July 21, 2005 Mr. Enrique Legaspi, Vice President Regency Centers 555 South Flower Street, Suite 3500 Los Angeles, CA 90071 LLG Reference No. 2.04.2591.1 Subject: Updated Shared Parking Analysis for the Proposed Famsa Expansion Project at Santa Ana Downtown Plaza Santa Ana, California Dear Mr. Legaspi: As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Updated Shared Parking Analysis for the proposed Famsa Expansion project, located within Santa Ana Downtown Plaza in the City of Santa Ana, California. Santa Ana Downtown Plaza is an existing mixed-use center, currently occupied with a variety of retail, restaurant, and office uses. Famsa, an existing furniture and appliance retail store, will be expanded by 3,881 SF for an overall building size of 27,256 SF. At completion of the proposed expansion project, a total on-site parking supply of 505 spaces will be provided. This report evaluates the parking demands of the existing and proposed land uses at Santa Ana Downtown Plaza. The parking analysis evaluates the project's parking requirements based on current City of Santa Ana zoning codes, the methodology outlined in Urban Land Institute's (ULl) Shared Parking guidelines, and existing parking surveys. Briefly, Santa Ana Downtown Plaza is forecast to have a parking deficiency based on a parking analysis per City parking codes and ULI's theoretical shared parking methodology. However, these methodologies do not necessarily reflect actual and realistic parking conditions at Santa Ana Downtown Plaza. As such, a shared parking analysis based on actual parking surveys at the project site was prepared. The parking surveys, conducted in August 2004 and June 2005, indicated that at any given time of the day (weekday or weekend day), over 210 of the 509 parking spaces are available in the surface parking lots. As such, the proposed Famsa expansion project will not adversely impact the parking conditions at Santa Ana Downtown Plaza. The proposed on-site parking supply of 505 spaces is forecast to adequately accommodate future parking demands on both a weekday and weekend day. EXHIBIT 0 55A-42 Engineers & Planners Traffic Transportation Parking Linscott, law & Greenspan,Engineers 1580 Corporate Drive Suite 122 Costa Mesa, CA 92626 714.641.1587 T 714.641.0139 F www.llgengineers.com Pasadena Costa Mesa San Diego Las Vegas Philip M. Linscott, PE 11924-2000) Jack M. Greenspan, PE William A. law, PE IRot) Paul W. Wilkinson, PE John P. Keating, PE David S. Shender, PE John A. Boarman, PE Clare M. look-Jaeger. PE Richard E. Barretto, PE An lG2WB Company Founded 1966 I I I I I I I I I I I I I I I I I I I Mr. Enrique Legaspi July 21, 2005 Page 2 Our method of analysis, findings, and recommendations are detailed in the following sections ofthis report. PROJECT LOCATION AND DESCRIPTION Santa Ana Downtown Plaza is located at 421 East First Street in the City of Santa Ana, California. The project site is bound by East First Street to the south, Spurgeon Street to the west, Third Street to the north, and the terminus of Second Street to the east. Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the project and depicts the surrounding street system. Table 1, located at the rear of this letter report following the Figures, presents the existing and proposed development totals for Santa Ana Downtown Plaza. Table 1 also summarizes the hours of operation for all existing and proposed land uses. As shown in Table 1, the 102,046 SF existing mixed-use center includes Food 4 Less, Famsa, McDonald's, Taco Bell, and a variety of retail, restaurant, and office uses. Please note that of the 102,046 SF that exists, 101,071 SF is currently occupied (a 975 SF suite designated for retail use is vacant). The project site currently provides a total of 509 surface parking spaces. In the front parking lot (i.e., parking lot fronting First Street), a total of 415 parking spaces are provided. In the rear parking lot (i.e., parking lot fronting Third Street), a total of 94 parking spaces are provided. Famsa proposes to expand by 3,881 SF for an overall total building size of27,256 SF. With all other existing uses remaining the same, the mixed-use center will have a total building size of 105,927 SF. Figure 2 presents the proposed site plan for Santa Ana Downtown Plaza, which illustrates the proposed Famsa expansion. Review of this site plan indicates that at the completion of the proposed Famsa expansion, the project site will provide a total of 505 parking spaces via an on-site surface parking lot. Vehicular access to Santa Ana Downtown Plaza is provided via two driveways on First Street (i.e., one signalized, one unsignalized), one unsignalized driveway on Spurgeon Street, and three unsignalized driveways on Third Street. Please note that all project driveways provide full access (i.e., left-turns in and out, as well as right- turns in and out). '\ \2""J\204,'91".Rqx'It'259I Updfllod rams. Expansion Shared Parking Ana'Y'S5A_43 I I I I I I I I I I I I I I I I I I I Mr. Enrique Legaspi July 21, 2005 Page 3 PARKING SUPPLY-DEMAND ANALYSIS This parking analysis for the Famsa expansion project involves determining the expected parking needs, based on the size and type of proposed development components, versus the proposed parking supply. In general, there are two methods that can be used to estimate the site's peak parking demands. These methods include: 1. application of City code requirements (which typically treat each use in the mixed-use center as a "stand alone" use at maximum demand); and 2. application of shared parking usage patterns by time-of-day (which recognizes that the parking demand for each land use component varies by time of day, day of week, and/or month of year). The shared parking methodology is certainly applicable to Santa Ana Downtown Plaza, as the individual land uses (i.e., retail, restaurant, and office uses) experience peak parking demands at different times of the day. PARKING CODE REQUIREMENTS To determine the number of parking spaces required to support the parking needs of the existing and proposed uses at Santa Ana Downtown Plaza, parking demand was first calculated using the City of Santa Ana Zoning Code. As mentioned previously, City parking code requirements typically treat each individual use in the commercial center as a "stand alone" use at maximum demand, as opposed to an integrated part of the commercial center. The City of Santa Ana specifies a parking ratio of 5 spaces per 1,000 SF of retail/commercial uses, 6 spaces per 1,000 SF for medical office uses, and 10 spaces per 1,000 SF for restaurant uses. Table 2 summarizes the parking requirements for the existing and proposed uses at Santa Ana Downtown Plaza using the above parking code ratios. As shown, direct application of City parking ratios to the proposed development plan results in a total parking requirement of 596 parking spaces. With a proposed on-site parking supply of 505 parking spaces, a theoretical parking deficiency of 91 spaces is forecast. However, as previously mentioned, there is an opportunity to share parking spaces based on the utilization profile of each land use component. The following section calculates the parking requirements of the proposed project based on the shared parking methodology approach. :\ '2<(JO",2(Jol259LRO]!<'JI,.2S9I Update,l ramsa Expan"on Shared Parking Ana1Y55A~44 I I I I I I I I I I I I I I I I I I I Mr. Emique Legaspi July 21, 2005 Page 4 THEORETICAL SHARED PARKING ANALYSIS In order to better forecast the future parking demand for Santa Ana Downtown Plaza, a theoretical shared parking analysis was prepared. Due to the unique characteristics of the project's mixed-use development, opportunities for shared parking can be expected. The objective of this shared parking analysis is to forecast the peak parking requirements for the project based on the combined demand patterns of different land uses at the site. Experience indicates that combining different land uses whose parking demands peak at different times (of the day or week) generally result in a parking demand that is significantly lower than the summation of individual peak demand factors or City parking code requirement for each use. According to the ULl's Shared Parking publication, shared parking is defined as parking space that can be used to serve two or more individual land uses without conflict or encroachment. Given that restaurant/food uses have peak periods (afternoons and evenings) that differ from retail uses (early afternoons), it is appropriate to utilize the shared parking concept to forecast the overall parking demand for the site. The ULl Shared Parking publication provides hourly parking accumulation rates for retail, restaurant, and office uses, expressed as a percentage of the peak demand for the day. For retail uses, peak demand occurs between 12:00-2:00 PM on weekdays and between 2:00-4:00 PM on Saturdays. The hourly factors shown for retail uses are taken directly from ULI. The retail demand profile was applied to retail uses, as well as the Famsa furniture and appliance retail store. According to the ULJ Shared Parking publication, restaurant uses are shown to experience peak demands between 7:00-10:00 PM for both weekday and Saturday. The restaurant demand profile was applied to all of the restaurant land uses (i.e., fast- food and dine-in restaurants). For office uses, peak demand occurs between 10:00 AM-12:00 PM on weekdays and is minimal on Saturdays. However, given that some business offices may potentially be fully operational on the weekends, the weekday general office parking utilization profile was applied to the weekend business office use. The office parking demand profile was applied to medical office uses. N \2<()()\204259I\R,'p<,n.2S9Il'pdaled ram," Expansion Shared Parking Ana'YS!)75-X~45 I I I I I I I I I I I I I I I I I I I Mr. Enrique Legaspi July 21, 2005 Page 5 Tables 3 and 4 present the Weekday and Weekend Shared Parking Analysis for the proposed project, respectively. The weekday and weekend shared parking demand analyses are based on the ULI shared parking methodology. City parking ratios, as presented in Table 2, were utilized to calculate the base peak parking demand to which the hourly factors were applied. As shown in Tables 3 and 4, the hourly variation in total parking demand for a weekday and weekend day is identified. Only a few hours of each day are shown to experience peak demand levels. For a typical weekday, the peak parking demand is forecast to occur at 1 :00 PM with a demand of 533 spaces (Table 3). With an on-site parking supply of 505 spaces, the project site is forecast to have a parking deficiency of 28 spaces. For a weekend day, Santa Ana Downtown Plaza is forecast to experience a peak parking demand at 2:00 PM with a demand of 525 spaces (Table 4). With an on-site parking supply of 505 spaces, the project site is forecast to have a parking deficiency of20 spaces. Based on the theoretical shared parking analysis, Santa Ana Downtown Plaza will have parking deficiencies at 1 :00 PM, 2:00 PM, 7:00 PM, and 8:00 PM on a weekday, and 2:00 PM and 3:00 PM on a weekend day. It should be noted that these parking deficiencies are based on generic parking utilization profiles not specific to the project site. As shown in Table 1, a few of the existing tenants close at or prior to 7:00 PM on a weekday or are closed on Saturday and/or Sunday. As such, the theoretical shared parking demand forecast for a typical weekday and weekend day may be too conservative and not representative of actual conditions at the Santa Ana Downtown Plaza. Therefore, an additional shared parking analysis for Santa Ana Downtown Plaza was prepared based on actual parking surveys at the project site to determine realistic parking demands. The findings of this analysis are presented in the following sections of this report. PARKING SURVEYS To determine the current parking demand characteristics of the existing uses at Santa Ana Downtown Plaza, parking surveys were conducted by Transportation Studies, Inc. (TSI) on a "typical" weekday and weekend. The parking surveys, which were performed at one-hour intervals between 8:00 AM and 10:00 PM and consisted of counting the number of parked vehicles within the on-site surface lot, were conducted on Thursday, August 26, 2004 and Saturday, August 28, 2004. '\J.\2)UO\2il4:!'59]\.Rt'pon\2S91 Updated famsa Expansion ShareJ Parking Allal\i~i~ 07-2J-05.dol: 55A-46 I I I I I I I I I I I I I I I I I I I Mr. Enrique Legaspi July 21, 2005 Page 6 Please note that only one suite (designated for retail use) was vacant on the days that the parking surveys were conducted. However, all of the current tenants were in full operation on these same days. The results of both weekday and weekend parking surveys are summarized in Table S. This table presents the parking demands at the front and rear parking lots of the study site for each hour of the count day. The percent utilization for each lot, as well as the overall project site, is also presented in Table 5. As shown in Table 5, the project site experienced a peak parking demand of 255 spaces (50% utilization) at 12:00 PM on the weekday. The front and rear parking lots also experienced a peak parking demand at 12:00 PM with 219 parked cars (53% utilization) and 36 parked cars (38% utilization), respectively. As such, 196 parking spaces were available in the front parking lot and 58 parking spaces were available in the rear parking lot during the peak parking demand periods. During a weekend day, the project site experienced a peak parking demand of 298 spaces (59% utilization) at 2:00 PM. Similar to weekday conditions, the front lot experienced a maximum parking demand of 252 spaces (61% utilization). The rear lot experienced a maximum parking demand of 52 spaces (55% utilization). During the peak weekend parking periods, a surplus of 163 and 42 parking spaces were provided in the front and rear lots, respectively. Please note that based on general traffic engineering principles, a parking utilization of 90% or greater is considered the threshold at which drivers begin to experience difficulties in finding a place to park. As presented in Table 5, the project site experienced parking demands significantly less than 90% of the parking supply throughout the two survey days. Validation of Parking Surveys In an effort to validate the parking surveys conducted in August 2004, additional parking surveys were conducted at the project site in June 2005. The new parking surveys were conducted between 10:00 AM and 8:00 PM on Tuesday, June 21, 2005 and Saturday, June 18, 2005. Transportation Studies, Inc. (TSI) conducted the parking surveys. The results of these new parking surveys are summarized in Table 6. Table 6, similar in format to that of Table 5, indicates that the project site experienced a peak parking demands of 272 parking spaces (53% utilization) and 303 parking spaces (60% utilization) on a weekday and weekend day, respectively. During these two count days, the front parking lot experienced a peak parking demand 265 spaces (64% utilization). As such, a minimum of 150 parking spaces was available in the front parking lot at any given time. Similarly, in the rear parking lot, a maximum parking demand of 43 spaces were observed (46% utilization). N\2<OO\2042S9J',.Rq'orr.2S91 Updated ra"'," ExpanSIon Shared Parkmg AH.ISOSIA':47 I I I I I I I I I I I I I I I I I I I Mr. Enrique Legaspi July 2 I, 2005 Page 7 Given the results of the parking surveys conducted in August 2004 and June 2005, it may be concluded that the parking lots at the project site are never fully utilized. During the peak parking periods, the front parking lot provides a minimum of 150 surplus parking spaces. Similarly, the rear parking lots provide a minimum of 42 surplus parking spaces. Appendix A contains the detailed parking survey data count sheets. SHARED PARKING ANALYSIS (BASED ON PARKING SURVEYS) In order to accurately forecast the future parking demand for the Santa Ana Downtown Plaza project and validate the theoretical shared parking analysis, the shared parking methodology was utilized in combination with the actual on-site parking surveys. Shared Parking Analysis Based on the August 2004 Surveys Tables 7 and 8 present the Weekday and Weekend Shared Parking Analysis that includes data obtained from the parking surveys conducted in August 2004. As shown in these two tables, the existing parking surveys are presented in column 1. Please note that a ten percent (10%) contingency factor was applied to the existing parking survey data to allow for daily variations and/or fluctuations in existing parking demand and to allow for future potential changes in the existing tenants. This contingency factor is presented in the second column of Tables 7 and 8. The third column of Tables 7 and 8 present the shared parking demands of the currently vacant 975 SF suite that is designated for retail use. The fourth column of Tables 7 and 8 present the forecast hourly parking demands of the proposed Famsa expansion project based on City parking codes and ULI's shared parking utilization profiles for a furniture store. As shown in Table 7, the weekday peak parking demand is forecast to occur during the 12:00 PM with a demand of 303 spaces. With a parking supply of 505 spaces, a parking surplus of 202 spaces is forecast during the center's peak parking demand time period. As shown in Table 8, the project site is forecast to experience a weekend peak parking demand at 2:00 PM with 352 spaces. With a parking supply of 505 spaces, the site is forecast to provide a parking surplus of 153 spaces. N,\2)OO\204~5<)1\Rl'p(lr1\2591 Updat~d Fams<l Expansion Shared Parking AJla'ysi5~5A -48 I I I I I I I I I I I I I I I I I I I Mr. Enrique Legaspi July 21, 2005 Page 8 Shared Parking Analysis Based on the June 2005 Surveys Tables 9 and 10 present the Weekday and Weekend Shared Parking Analysis that includes data obtained from the parking surveys conducted in June 2005. These two tables are similar in format to that of Tables 7 and 8. As shown in Table 9, the weekday peak parking demand is forecast to occur during the 2:00 PM with a demand of 321 spaces. With a parking supply of 505 spaces, a parking surplus of 184 spaces is forecast during the center's peak parking demand time period. As shown in Table 10, the project site is forecast to experience a weekend peak parking demand at 2:00 PM with 357 spaces. With a parking supply of 505 spaces, the site is forecast to provide a parking surplus of 148 spaces. Given the results of the shared parking analysis based on actual parking surveys, the on-site parking supply will be sufficient to accommodate the proposed Famsa expansion project on both the weekday and weekend day. SUMMARY OF FINDINGS AND CONCLUSIONS 1. Santa Ana Downtown Plaza is an existing 102,046 SF mixed-use development, consisting of a variety of retail, office, and restaurant uses. Famsa, a furniture and appliance retail store, proposes to expand by 3,881 SF for overall building size of 27,256 SF. With this expansion project, Santa Ana Downtown Plaza will have a total building area of 105,927 SF. 2. The project site proposes to provide a total on-site parking supply of 505 spaces. 3. Direct application of City parking codes to the existing and proposed uses at Santa Ana Downtown Plaza results in a total parking requirement of 596 parking spaces. With an on-site parking supply of 505 spaces, a parking deficiency of 91 spaces is anticipated. 4. The Theoretical Shared Parking Analysis indicates that Santa Ana Downtown Plaza will have a parking deficiency for a couple of hours on a typical weekday and weekend day. However, this theoretical analysis is not representative of actual conditions at the project site and may be too conservative. '\.\2500\2042.191 \Rep",,\2591 Updated Fams. Expansion Shared Parking AnalYSiS-SA -49 I I I I I I I I I I I I I I I I I I I Mr. Enrique Legaspi July 21, 2005 Page 9 5. Existing parking surveys at the Santa Ana Downtown Plaza indicates that a peak parking demand of 255 spaces were experienced on a recent weekday. Similarly, a peak weekend parking demand of298 spaces was experienced on a recent weekend day. These parking demands reflected a parking utilization of 50% and 59%, respectively. 6. Additional parking surveys were conducted in June 2005 to validate the results of the prior parking surveys. The updated parking surveys indicated that the project site experienced a peak parking demands of 272 parking spaces (53% utilization) and 303 parking spaces (60% utilization) on a weekday and weekend day, respectively. 7. As a result of the parking surveys conducted in August 2004 and June 2005, it may be concluded that the parking lots at the project site are never fully utilized. During the peak parking periods, the front parking lot provides a minimum of 150 surplus parking spaces. Similarly, the rear parking lots provide a minimum of 42 surplus parking spaces. 8. The Shared Parking analysis based on actual parking surveys indicate that the proposed Famsa expansion project will not adversely impact the parking conditions at the Santa Ana Downtown Plaza. The proposed on-site parking supply of 505 spaces is forecast to adequately accommodate future parking demands on both a weekday and weekend day. * * * * * * * * * * * * We appreciate the opportunity to prepare this analysis for you and the City of Santa Ana. Should you have any questions or need additional assistance, please do not hesitate to call Chris Nguyen at (714) 641-1587. Very truly yours, LINSCOTT, LAW & GREENSPAN, ENGINEERS /) Christophe u, P .E. Transportation Engineer III N 12oIKJ\204259hRepon\2S9IlJpualed Famsa Expansion Shared Parking An.IYSlS-SA -50 I I JOl!nfio tOOl -60-60 >>:9Z:t-' . dOl S"'P'l OH6!;Z\S"'P\l 6!;Zt-OZ\OO!;Z\:u tt nA .. .. f- II:=' I I ~, ,I( N [ ,AV >"D lJ ~l~ _.: ~__ \: X-:' ~'~ 1'1 "I I I - ~ ::: .....r ! .. " ' )Jl""- 'r-- ./ '~~. ~ . . OOMptJ ' "'",' "II ' _(., ,~~o,' ~~ ",': ~ i ~-, ,: .1bL i01'l~ I,';',!fi I L'i II I .......V ~ .,,1ft,- '.~ ~ = ".,"" . ,./",' L ~ " 'i. _~= .. ~ .,. 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',. ! :;{ _ .......", ~" - :" 1;-; I [fii _-j 111/\011 y~,:~.~~' ~c'l ~'~r-Pd- --- ,-! ~ -0 . '. ~ <C.. I. ~ -- --- ' -12 "I '1' .:.~,: I ~ I .~-~ ---i~ ... _ _I . I L '~, I. ;-:-' ~~ i ~.- I '_ - l'''of'~ S ~ - I i..1 C ~,V :11' _L- I I I I I I I iZ " . , .l. I I I I I I I I I I ,- -' 55A-51 ~ r:z::J ~ :::> c.; ....... ~ I I II tn o a:: CD (/) <( ::E o I I- w o a:: :::l o (/) W ...J <( U (/) ~ 1-. ~<( <2 ~<( >--~ E-t2 -<( Z(/) - 0"-: >~ J o a:: 0... 2 o Ui 2 <( 0... X W <( (/) L <( I..L.. I I I I I I I II ~ :i:i :i Ii N! I! ~ ~. ;! ill I ~! I II III=I! Ii I . S:!: "lii SIll i !l p- I .1 iii a illll I 1 I . ~i~ n II ,-- Iii I -I I ~. I! I II iii ~ I I b! Is ~II I iii lI!; IiI I I!I II. I I I I 8 I I I I I \t::iil dw JDIln6D tOOl:-l:I-OI ot:OI:OI dOl 6",p'l:OJ I 6Sl:\6MP\ I 6Sl:tol:\OOSl:\:u u ! I 8 ~l ~ . . . I · : ~~.! ! I .!t.~ rll'~ I ~II . iii ~, · I D ~~~ . . iii · ~. . ~~~ ~! I I 8 ~I I- en D:: l:&: . iii . .I~. i~ ~ . _ NO:I)~11dS -~ 55A-52 C\2 j~ ~ lJ.t<( I- 0:: ~z ::> E-t<( _(f) ClJ. e.; I- ....... ~~ r... ~J ClJO 00:: lJ.tQ.. OZ ~Q lJ.t~ <( Q.. X W <( (f) ~ <( I.J.. (/) I- () ~ I () a:: <( I') o is ~ (/) w () a:: ::> o (/) W ...J <( () VI o ~ Z I '" <( ... f- 0... " f- Vl " C<Xlz ::: UJ '- ~ 3: UJ O'l _ <( 0::: ::: --J --l ~ (U I I I I I I I I I I I I I I I I I I I TABLE I (continued) EXISTING AND PROPOSED DEVELOPMENT TABULATION (I] Famsa Expansion, Santa Ana Retail Furniture Uses: 19. Famsa Mon-Sun (IOAM-8PM) 23,375 SF 27,256 SF +3,881 SF Retail Furniture Subtotal 23,375 SF 27,256 SF +3,881 SF Medical Office Uses: 20. Dr. Rinaldo Gonzales Mon-Fri (lOAM-I PM; 2:30PM-7PM) 1,300 SF 1,300 SF o SF Business Office Subtotal 1,300 SF 1,300 SF o SF Restaurant Uses: 21. Panaderia, Mon-Sun (7AM-IOPM) 2,600 SF 2,600 SF o SF Ensenada Y Restaurant 22. Little Caesars Mon-Thur (1IAM-IOPM); 1,300 SF 1,300 SF o SF Fri-Sat (IIAM-l lPM); Sun (1IAM-IOPM) 23. Golden Gate Mon- Thur (II :30AM-8PM); 910 SF 910 SF o SF Chinese Food Fri-Sat (II :30AM-9PM); Sun (II :30AM-8PM) 24. Donut Inn 24 hours daily o SF o SF o SF (part of Food-4-Less) 25. McDonald's Mon-Sun (6AM-IIPM) 4,800 SF 4,800 SF o SF 26. lugos Acapulco Mon-Sun (7 AM-9PM) 900 SF 900 SF o SF 27. Taco Bell Mon- Thur (8AM-I OPM); 2,528 SF 2,528 SF o SF Fri-Sat (8AM-12AM); Sun (8AM-IOPM) Restaurant Subtotal 13,038 SF 13,038 SF o SF n\2500\2042591\tables\259l Table I Development Summary.xls 55A-54 I I I I I I I I I I I I I I I I I I I TABLE 2 CITY CODE PARKING REQUIREMENT Famsa Expansion, Santa Ana Retail Uses 64,333 SF 5 per 1,000 SF 322 RetaillFumiture 27,256 SF 5 per 1,000 SF 136 Medical Office Uses 1,300 SF 6 per 1,000 SF 8 Restaurant Uses 13,038 SF 10 per 1,000 SF 130 Notes: [I] Source: City of Santa Ana OfJ-Street Parking Requirements. Section 41-1300 through Section 41-1420. n:\2500\2042591\Tables\TabJe 2 City Parking Code Requirements.xls 55A-55 I I I I I I I I I I I I I I I I I I I TABLE 3 WEEKDAY THEORETICAL SHARED PARKING ANALYSIS 11] Famsa Expansion, Santa Ana 6:00 AM 0% 7:00 AM 8% 26 8:00 AM 17% 55 9:00 AM 40% 129 10:00 AM 65% 209 11:00 AM 83% 267 NOON 92% 296 ...................... ""----',-,"-"'" ,. .i;OOPM) ...................... 2:00 PM 92% 296 3:00 PM 90% 290 4:00 PM 83% 267 5:00 PM 75% 242 6:00 PM 78% 251 7:00 PM 85% 274 8:00 PM 83% 267 9:00 PM 58% 187 10:00 PM 30% 97 11:00 PM 12% 39 MIDNIGHT 0% 0 ........... ........... ....:~~~.::~;...... . :;:~f~~~N1:~~f~f: .$..:@.W)::::::tf::: ....... ............. ............... ..................................... ::!f.f~~~~::\:.:~F!t;: ::ltiHii#:m:::N~/~~t ...W~~::fM~~ :?~t:~jjk:.~~fWi;: ...tk$i#~~~ .:. .n$i~lt::$ii@ijlJ.: 0% 0 8% 11 17% 23 40% 54 65% 88 83% 113 92% 125 92% 125 90% 122 83% 113 75% 102 78% 106 85% 116 83% 113 58% 79 30% 41 12% 16 0% 0 3% 0 0% 0 20% 2 2% 3 63% 5 5% 7 93% 7 10% 13 100% 8 200/. 26 100% 8 30% 39 90% 7 50% 65 97% 8 60% 78 93% 7 60% 78 77% 6 50% 65 47% 4 70% 91 23% 2 90% 117 7% 1 100% 130 7% 1 100% 130 3% 0 100% 130 3% 0 90% 117 0% 0 70% 91 0% 0 50% 65 o 42 90 203 331 427 493 ......... ........ ir. :S~j 505 505 505 505 505 505 505 +505 +463 +415 +302 +174 +78 +12 507 497 451 439 476 521 511 396 255 146 65 505 505 505 505 505 505 505 505 505 505 505 -2 +8 +54 +66 +29 -16 -6 +109 +250 +359 +440 [1] Based on weekday hourly parking accumulation percentages provided in the Urban Land Institute (ULl) Shared Parking Publication. n:\2500\2042591\Tables\2591 Table 3 Weekday Shared Parking. xIs 55A-56 I I I I I I I I I I I I I I I I I I I TABLE 4 WEEKEND THEORETICAL SHARED PARKING ANALYSIS (1] Famsa Expansion, Santa Ana ........................... . ..-............... ....... .m~lmSF . .... ............. ............ jj6!!!~li~~~~~~i~~ ................... ...... ....................-......... ..:~%.~r.~~ffi!W::::..rf!ift!.: i@~lf.?f~~:r!#@i. :.....:.~~ .:.:>>.~:::~MW.{: o 3% 0 4 20% 2 14 63% 5 41 93% 7 61 99 116 129 <ts ......~: iift~il.t ................. ..:.~~~i!.. :p~~ 6:00 AM 0% 0 0% 7:00 AM 3% 10 3% 8:00 AM 10% 32 10% 9:00 AM 30% 97 30% 10:00 AM 45% 145 45% 11:00 AM 73% 235 73% NOON 85% 274 85% 1:00 PM 95% 306 95% ...................-.-. ..2;OJ)PM........ ......_-_...-...... 3:00 PM 100% 322 100% 4:00 PM 90% 290 90% 5:00 PM 75% 242 75% 6:00 PM 65% 209 65% 7:00 PM 60% 193 60% 8:00 PM 55% 177 55% 9:00 PM 40% 129 40% 10:00 PM 38% 122 38% 11:00PM 13% 42 13% MIDNIGHT 0% 0 0% 100% 8 100% 8 90% 7 90% 7 93% 7 77% 6 47% 4 23% 2 7% 1 7% 1 3% 0 3% 0 0% 0 00/. 0 136 122 102 88 82 75 54 52 18 o ..... ......... ~y ........-....-..-.... .................. .................... ............."....... . .... ............. ..................... ?#iAAJ :~~t~@f ................... ........................ . ................ ........ ..-..,... S#~pli . . . . . . . . . . . . . . . . . . . . . . . (+If....... :::::}::::::.::,.:..f-.:(:<:< 0% 0 505 +505 2% 3 19 505 +486 3% 4 55 505 +450 6% 8 153 505 +352 8% 10 224 505 +281 10% 13 355 505 +150 30% 39 436 505 +69 45% 59 501 505 +4 45% 59 524 505 -19 45% 59 477 505 +28 60% 78 426 505 +79 90% 1 17 416 505 +89 95% 124 400 505 +105 100% 130 383 505 +122 100% 130 313 505 +192 95% 124 298 505 +207 85% 11 1 171 505 +334 70% 91 91 505 +414 [1] Based on weekday hourly parking accumulation percentages provided in the Utban Land Institute (ULI) Shared Parking Publication. [2] In an effort to remain conservative, the weekday office parking demand profiles per ULI were utilized. n:\2500\2042591\Tables\259l Table 3 Weekday Shared Parking. xIs 55A-57 z: III -< ... I- Q.. Q, l- V') Q, 0 00 z: t: U L.U V') ~ L.U l:ll z: -< c::: t: ...J ...J C!J Q, I I I I I rJJ Eo-< ...:l ~ rJJ ~ ell = I < ;;... ell W - ~ = ell lI'l rJJ W ~ =- I rJJ ...:l 0 =:l Co) '<ii < Z = ~ ell Eo-< Q.. ~ I w ell ~ '" Co) e z ell .....i:;I;., I Eo-< rJJ ..... ~ w I I I I I I I In .' '~ ~ ;:$? ~ ~ ~ ~ 'i ~ ;:$? ~ ~ ~ ;:$? ;:$? ~ c c c c "'" f") t- - f") '-0 '-0 0- t- V) "'" 0 N f") "'" V) V) V) V) "'" "'" "'" "'" f") N " l .... If 0 << ... u 0 '-0 0 00 t- o t- o '-0 N t- O> "0 - -~~ ~ 0\ N \0 "'" V) t- 00 00 V) f") f") N V) 0 G,): - - N N N N N N N N N - - .:.: = l-o Z .. ~ ;:$? ;:$? '<f. ;:$? ;:$? ;:$? ;:$? '<f. ;:$? ;:$? ;:$? ;:$? ;:$? ;:$? c c 0 0 0 0 c 0 c c c 0 - N N 0 00 0\ t- o 0\ '-0 00 t- t") 0- - N M "'" "'" "'" "'" V) "'" "'" f") N - 00 0 - 0 00 V) \0 "'" t- \0 M \0 V) N - N M f") "'" "'" 'T "'" "'" "'" f") N - '<f. ;:$? ;:$? ;:$? ;:$? ;:$? ;:$? ;:$? ~ ;:$? ;:$? ;:$? '<f. ;:$? 0 c c 0 c c 0 c 0 0 c 0 t- V) - f") "'" 00 00 0- V) V) \0 - M ,3 ~ ~ N N M V) V) V) V) V) "'" "'" "'" "'" M N ~ .... " 0 V) 0 0 \0 0- 0 "'" V) t- o t- M V) 00 - "'" N N M 'T 0 00 00 0\ N 0\ - - N N N N N N - - - - ... j ;:$? ';:$? ';:$? ~ ;:$? ;:$? ;:$? ;:$? '<f. '<f. ~ ;:$? ~ '<f. 0 0 0 c 0 c 0 c 00 0\ V) 00 "'" 0\ t- o "" 0\ \0 0 \0 - N f") f") "'" t") f") "'" "'" M "'" f") N - ~ ;; IE,L', ~ ' , I NI~ I t N t- oo t- '-0 V) V) t- - - N N 1 ' , 0\ "'" t- 0\ N 0\ 00 0 N 0\ - 00 0 00 - - - N - - N N - N - - I I j " '<f. ;:$? ~ '<f. ~ '<f. ;:$? '<f. ~ ;:$? '<f. '<f. ;:$? 0 c 0 "'" V) \0 0\ 0\ '-0 0 M "'" \0 f") c ~ t- - - N N N N t") t") t") f") N 0\ ,3 0 ~ '~ t- M "'" "'" t- t- "'" 00 - N "'" N 00 S .:.: - - N N N N N M M : M N , = l-o I z .. , ~ F,: '<f. '<f. ;:$? ;:$? ;:$? ;:$? '<f. ;:$? ;:$? '<f. ;:$? ;:$? ;:$? ;:$? 0 0 c 0 0 c 0 c c c 0 N 0 0 00 - 0\ M t- o N V) 0\ 00 ~ N f") 'T "'" "'" "'" f") "'" "'" "'" "'" M - - I I': I~ ~ I. I~ I ~ 0 t- V) t- ! V) "'" "'" 00 00 N "'" V) 0 "'" 00 M \0 \0 0\ t- \0 t- 0\ \0 t- "'" 00 t- I - - - - - - - - - - - ---:- I ~ 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 I <( <( <( <( t>.. t>.. t>.. t>.. t>.. t>.. t>.. t>.. t>.. t>.. t>.. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '? '? 0 0 0 '? '? '? 0 '? 0 0 '? '? 0 0 - N ~ -0 ,:.: 0 00 0\ - - - - N M V) 00 0\ - 55A-58 ~ x t:- E s " U) >> " t: " U) g:> ~ .. 0.. V'; " ::0 .. f- '" ~ ::0 ~ '" ~ .. ;;:; o o ? :z: '" < .. I- a.. (U l- V'! (U 0 c:Xl :z: t: u UJ V'! :5: UJ tn :z: < ~ t: ....J ....J (,!) (U ";F. V) ~ ';!. t- 0, V) V) ";F. V) ~ o V) '<j' ~ ~ ~ ~ '<j' <'\ 00 0 0 0 N V) 0, 0 \0 <'\ N 00 N N <'\ N N N I ~ ~ ";F. ";F. ";F. ~ ";F. 0 0 0 N <'\ 0 <'\ <'\ '<j' N <'\ '<j' '<j' '<j' <'\ <'\ N I ~ rr;. I >< 0 0 0 ~ N >- <'\ '<j' '<j' <'\ <'\ N ~ 0 rr;. I z 0 ";F. ~ ~ ~ ~ ";F. - E- o 0 0 0 V) 0 <'\ 00 \0 0, ~ V) \0 V) '<j' '<j' <'\ ~ I - .....:l ~ >- --- I:': ~ = 00 0 0 0 0, N V) N 0 00 \0 I E- ~ N N N N ~ I:': ~ - = >< I:': \0 ~ rr;. I ~ >- =- .....:l ~ 0 ";F. ~ ~ ~ ";F. ~ '<;; 0 0 0 0 ~ 0 \0 \0 00 0 \0 00 = '<j' '<j' '<j' V) '<j' <'\ ~ rr;. I:': E- O Q., ~ Z ~ I ~ I:': '" e N '<j' '<j' <'\ V) N ~ I:': <'\ <'\ '<j' V) <'\ 0, ~ ~ N N N N N I 0 z - E- rr;. - ~ ~ ~ ~ ";F. ";F. ~ ";F. ~ ~ ";F. 0 0 0 0 0 0 ~ 00 0 <'\ '<j' N <'\ V) V) '<j' '<j' I N <'\ <'\ <'\ <'\ <'\ <'\ <'\ <'\ <'\ .....:l ~ Z 0 - I E- - \0 00 N 0 <'\ <'\ N N ~ N N <'\ <'\ <'\ <'\ <'\ <'\ <'\ <'\ ~ ~ >< ~ .. E I E " '" ";F. ~ ~ ~ ";F. ";F. '" ~ ";F. ~ ";F. ... 0 0 0 0 0 ~ \0 0, 0, <'\ t- <'\ \0 0, " <'\ '<j' '<j' V) '<j' '<j' V) V) '<j' <'\ '" OIl I " ~ .. "- '0 ... ::0 '<j' <'\ t- V) N 0 ~ V) 0 0 t- o, N 0, \0 I N N N N N ~ ~ ... ::0 ~ I >. :2 :2 :2 :2 :2 :2 :2 :2 :2 :2 :2 ~ .. <:( <:( 0.- N '" 0.- 0.- 0.- 0.- 0.- 0.- 0.- 0.- " e J:l 0 0 0 0 0 0 0 C 0 0 0 0 'Y E= ... <? 0 0 0 0 0 <? <? 0 <? <? 0 c 0 N N 0 <'\ '<j' V) \0 t- OO B " I 55A-59 I I I I I I I I I I I I I I I I I I I TABLE 7 WEEKDAY SHARED PARKING ANALYSIS (WITH AUGUST 2004 PARKING SURVEYS) Famsa Expansion, Santa Ana . . . . . . - . . . . . . . . . . . . . . ...-................ . . . . . . . . . . . . . . . . . . . . . ........,............. !I:ril! 6:00 AM 0 0 0% 0 0% 0 0 +505 7:00 AM 0 0 8% 0 8% 2 2 +503 8:00 AM 92 9 17% I 17% 3 105 +400 9:00 AM 147 15 40% 2 40% 8 172 +333 10:00 AM 178 18 65% 3 65% 12 211 505 +294 II:OOAM 192 19 83% 4 83% 16 231 505 +274 ..1i:"Q:fM 1:00 PM 225 23 95% 5 95% 18 271 505 +234 2:00 PM 197 20 92% 5 92% 17 239 505 +266 3:00 PM 186 19 90% 5 90% 17 227 505 +278 4:00 PM 205 21 83% 4 83% 16 246 505 +259 5:00 PM 225 23 75% 4 75% 14 266 505 +239 6:00 PM 197 20 78% 4 78% 15 236 505 +269 7:00 PM 211 21 85% 4 85% 16 252 505 +253 8:00 PM 181 18 83% 4 83% 16 219 505 +286 9:00 PM 102 10 58% 3 58% II 126 505 +379 10:00 PM 82 8 30% 2 30% 6 98 505 +407 Notes: [1] Counts were conducted by Transportation Studies, Inc on Thursday, August 26,2004. [2] To account for daily variationlfluctuation in parking demands, a conservative ten percent (10%) contingency factor was applied to the existing parlting counts. [3] A 975 SF suite, designated for retail use, was vacant during the parking surveys. n:\2500\2042591\Tables\2591 Table 7 Weekday Shared Parking. xIs 55A-60 I I I I I I I I I I I I I I I I I I I TABLE 8 WEEKDAY SHARED PARKING ANALYSIS (WITH AUGUST 2004 PARKING SURVEYS) Famsa Expansion, Santa Ana 6:00 AM 0 0% 0 0% 7:00 AM 0 3% 0 3% 8:00 AM 91 10% 1 10% 9:00 AM 120 30% 2 30% 10:00 AM 166 45% 2 45% 11:00 AM 240 73% 4 73% 12:00 PM 258 85% 4 85% 1:00 PM 276 5 3:00 PM 283 28 100% 5 100% 4:00 PM 287 29 90% 5 90% 5:00 PM 250 25 75% 4 75% 6:00 PM 237 24 65% 3 65% 7:00 PM 230 23 60% 3 60% 8:00 PM 226 23 55% 3 55% 9:00 PM 152 15 40% 2 40% 10:00 PM 107 11 38% 2 38% Notes: [1] Counts were conducted by Transportation Studies, Inc on Saturday, August 26,2004. [2] To account for daily variation/fluctuation in parking demands, a conservative ten percent (10%) contingency factor was applied to the existing parking counts. [3] A 975 SF suite, designated for retail use, was vacant during the parking surveys. o 1 2 6 9 14 16 18 o 103 140 194 282 304 327 H~e~l,~ ftl 505 505 505 505 505 505 505 505 +505 +504 +402 +365 +311 +223 +201 n:\2500\2042591\Tables\2591 Table 8 Weekend Shared Parking. xIs 55A-61 19 17 14 12 11 10 8 7 335 338 293 276 267 262 177 127 505 505 505 505 505 505 505 505 +170 +167 +212 +229 +238 +243 +328 +378 I I I I I I I I I I I I I I I I I I I TABLE 9 Li NSCOTT LAW & GREENSPAN engineers WEEKDAY SHARED PARKING ANALYSIS (WITH JUNE 2005 PARKING SURVEYS) Famsa Expansion, Santa Ana 6:00AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00AM 12:00 PM 1:00PM .............. ..., ........ .--....".......-..... ..........:z..O.O'.P.M.... ......... .... . ., ~.... ::::::<-_:~:......':::..:...:..:;:::::::: 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM 0% 8% 17% 40% 65% 83% 92% 95% o o 1 2 3 4 5 5 0% 8% 17% 40% 65% 83% 92% 95% 177 232 234 243 18 23 23 24 208 228 244 253 235 192 21 23 24 25 24 19 90% 83% 75% 78% 85% 83% 58% 30% 5 4 4 4 4 4 3 2 90% 83% 75% 78% 85% 83% 58% 30% Notes: [1J Counts were conducted by Transportation Studies, Inc on Tuesday, June 21, 2005. [2J To account for daily variation/fluctuation in parking demands, a conservative ten percent (10%) contingency factor was applied to the existing parking counts. [3J A 975 SF suite, designated for retail use, was vacant during the parking surveys. n:\2500\2042591\Tables\2591 Table 9 Weekday Shared Parking. xIs 55A-62 o 2 3 8 12 16 17 18 210 275 279 290 17 16 14 15 16 16 11 6 251 271 286 297 279 231 .................... ...-..-.............. .....Olt.$:ltii...... ..-................... . ..... ._-....._-.. .................... .......-.......-.-... Ilr 505 505 505 505 505 505 505 505 +295 +230 +226 505 505 505 505 505 505 505 505 +254 +234 +219 +208 +226 +274 I I I I I I I I I I I I I I I I I I I TABLE 10 LI NSCOTT LAW & GREENSPAN engineers WEEKDAY SHARED PARKING ANALYSIS (WITH JUNE 2005 PARKING SURVEYS) Famsa Expansion, Santa Ana 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM II:OOAM 12:00 PM 1:00PM ....................... ..............-........ ....................... .............._-....... :!r~!!. );Q.i@~) 0% 3% 10% 30% 45% 73% 85% 95% 245 302 339 353 0% 3% 10% 30% 45% 73% 85% o o I 2 2 4 4 5 o I 2 6 9 213 258 290 300 ........--................ ............._-.......... ....t.W~rM). 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM 287 297 260 231 221 182 29 100% 30 90% 26 75% 23 65% 22 60% 18 55% 40% 38% 5 5 4 3 3 3 2 2 100% 90% 75% 65% 60% 55% 40% 38% 19 17 14 12 II 10 8 7 340 349 304 269 257 213 Notes: [1] Counts were conducted by Transportation Studies, Inc on Saturday, June 18,2005. [2] To account for daily variation/fluctuation in parking demands, a conservative ten percent (10%) contingency factor was applied to the existing parking counts. [3] A 975 SF suite, designated for retail use, was vacant during the parking surveys. n:\2500\2042591\Tables\2591 Table 10 Weekend Shared Parking. xIs 55A-63 .... ............--. L~~~~ 11~ 505 505 505 505 505 505 505 505 +260 +203 +166 505 +165 505 +156 505 +201 505 +236 505 +248 505 +292 505 505 I I APPENDIX A I PARKING SURVEY DATA I I I I I I I I I I I I I I I I 55A-64 I I I I I I I I I I I I I I I I I I I 8:1.)2/ ' r: ,lll{ () J (f:il~{: . 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Cb-O.-J~~~I~ 'I',,~ _ ,- --t----- r"J -- r:Q u Cl ~ < u 1:1 ~ C, r.J-If' ~ ND CJt\I~rT' N --- 1-1--1'-' V 1-' \ \;: u g ~ ~ ~ f ~ ~ ~ ~ ~ f ~ ~ .... ~ ~ .. g g 8 g 8 8 8 8 c ~ = ~ ~ N ~ ~ ~ ~ ~ ~ 55A-69 ~ 004/004 --,p ( ~) ,{ 5'l.rturo J. Lomeli} 'lJ.'lJS. 415 N. Sycamore St., Suite 300 Santa Ana, CA 92701 (714) 973-8797. Fax: (714) 973-1282 August 1, 2005 To City Council LETTER IN SUPPORT OF APPEAL NO. 2005-02 This letter is written in support of Regency Center's Appeal No. 2005-02 from denial of Variance No. 2004-18, which would reduce the required number of on-site parking spaces as a result of the expansion of the F AMSA store in the Santa Ana Downtown Plaza, located at 419 E. First Street, Santa Ana I believe that the expansion will be good for business, the City's tax base, and will ultimately provide the consumer a more pleasant shopping experience. I have noticed that since Regency acquired the shopping center, they have been an asset to downtown and responsible neighbors that provide quality retail services by operators such as FAMSA, HSBC, Payless Shoes and Don Roberto's Jewelers. Additionally, we have noticed that Regency is sincerely concerned with the general maintenance and appearance of the property. The shopping center has been recently painted and they have effectively managed issues of loitering and vagrancy. They also m<ljntain the property site clean despite the high level of vehicle and pedestrian traffic. Finally, I am aware that Regency is a national, publicly traded company. Therefore, I respectfully request the City Council to grant Regency's Appeal so the concerns raised prior may be cured, the recommended improvements be addressed, and a partnership with a valued member of the downtown family continue. Thank you in advance for your consideration, and I appreciate your commitment to supporting responsible members of our business community. Respectfully, ;)j Arturo J. Lomeli, D.D.S_ 55A-70 P. 1 Pacific Coast Tax Service 11O-"B" E. 4th St. Ste. J02 Santa Ana, CA 92701 714/ 543-5386 Hue (714) 245-2422 Honorable Mayor Miguel Pulido City of Santa Ana 20 Civic Center Plwa Santa Ana, en 92701 Rc: Letter in support of Appeal No. 2005-02 Deur Honorable Mayor Pulido, This It:tter is written in support of Rcgcncy Center's Appeal No. 2005-02 frOM de1'liw of VllrilUlCC No. 2004-18, which would reduce the required number of on-site parking spaces as a result of the expansion of the l'AMSA !ltme in the Santa Ana Downtown PI~z~, k)cated at 419 E. Fin:it Street, Santa Anu. I believe that the expan:iion will be good for business, the City's tax hase, and will ultimlltely provide the COll!>umer a morc pleHsant Hhopping experience. 1 have notices that since Regency acquired the shopping center, they have been as a~~et to Downtown and re:;ponsible neighbors thut provide quality retail services by operators such as FAMSA, llSBC, Payless Shoe und Don RobCTL()'~ Jewelet's. Additionally, T have notice that Regency is sincerely, concen1ed with the get\eraJ ma.intenance and appcara1U;~ ofthe property. The shopping center has been recently painted and they have effect.ive1y managed i!<;!;ues of loitering and vagrancy. Theyal$o maintain the property sit.e clean despitt: the high level of vehicle and pedestrian tratlie. Finally, J am aware that Regency is a national, publicly traded CQmpany. There1()re, I respectfully request the City Council to grant Regency's Appeal 80 the concerns raised prjor may hQ cured, the recommended improvements be addrt'ssed, and a partnership with a valued member of the downtown family continue. Thank you in advance for your consideration, and we appreciate your conunitment to sl,lpporting responsible members of our husiness community. Sincerely, / / a~~;.~:._ ElsaM. ~-==) Owner 55A-71 . KO -08/23/05 RESOLUTION NO. 2005-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2004-18 (APPEAL NO. 2005-02) FOR A REDUCTION IN REQUIRED ON-SITE PARKING FOR THE PROPERTY LOCATED AT 419 EAST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2004-18, for a reduction in required on-site parking to allow the expansion of the retail establishment located at 419 East First Street. B. Variance No. 2004-18 came before the Planning Commission on February 14,2005 for a duly noticed public hearing. The Planning Commission continued the matter to February 28, 2005. On February 28, 2005, the Planning Commission denied Variance No. 2004-18 by a unanimous vote. The Planning Commission concluded that the proposed building expansion would exacerbate the existing lack of parking. C. On March 9, 2005, the applicant appealed the Planning Commission's decision, Appeal No. 2005-02. D. On May 2,2005, Variance No. 2004-18 (Appeal No. 2005-02) came before the City Council of the City of Santa Ana for a duly noticed public hearing. The City Council closed the public hearing and continued the matter to August 1, 2005. On August 1, 2005, the City Council further continued the matter to September 6,2005. E. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. The City Council determines that the findings necessary to grant Variance No. 2004-18 have not been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subject site that necessitates a reduction of on-site parking for the 55A-72 Resolution No. 2005-047 Page 1 of 4 Santa Ana Downtown Plaza. The commercial center is situated on a flat, rectangular parcel of land with adequate vehicular access. Similar commercial centers have constructed expansions that are in compliance with the City's parking code. Therefore, the strict application of the zoning code would not deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for reduction of required on-site parking stalls is not necessary for the preservation of property rights as the Santa Ana Downtown Plaza will maintain the ability to operate all existing uses under the City's non-conforming use regulations. In addition, should restaurant or medical use tenants transition to retail tenants, the center would be able to expand the buildings as it would be able to provide the required number of on-site parking stalls. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the required on-site parking will be detrimental to the public welfare or injurious to the surrounding properties by exacerbating the lack of parking in the area. 4. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the General Plan of the City since the proposed expansion will create negative parking impacts which will impact surrounding commercial and residential uses. This will be in conflict with the City's goal to promote development which enhances the quality of life of its residents. F. In accordance with the California Environmental Quality Act (CEQA), the recommended action is not considered a CEQA project. Therefore no environmental documentation is required. Section 2. The City Council of the City of Santa Ana after conducting the public hearing, hereby denies Appeal No. 2005-02 and Variance No. 2004-18. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for City Council Action dated May 2, 2005, 2005 and August 1, 2005 and the exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference Section 3. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure Resolution No. 2005-047 Page 2 of 4 55A-73 section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this day of September, 2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 55A-74 Resolution No. 2005-047 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-047 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2005-047 Page 4 of 4 Clerk of the Council City of Santa Ana 55A-75 55A-76 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: PUBLIC HEARING - APPEAL NO. 2005-03 (VARIANCE NO. 2005-09) TO PERMIT THE CONSTRUCTION OF A 50-FOOT TALL FLAGPOLE AT 617 EAST SEVENTEENTH STREET - ST KRIEGER APPLICANT 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 t CITY(MANAGER FILE NUMBER RECOMMENDED ACTION 1. Deny Appeal No. 2005-03. 2. Adopt a resolution denying Variance No. 2005-09. PLANNING COMMISSION ACTION On June 13, 2005, the Planning Commission adopted a resolution denying Variance No. 2005-09 by a vote of 6:0 (Leo absent) to allow a 50-foot tall flagpole in the Arterial Commercial (C5) zoning district at 617 East Seventeenth Street (Exhibit A) . DISCUSSION The Planning Commission held a public hearing to review a proposed 50- foot tall flagpole at an existing service station at 617 East Seventeenth Street. This request required approval of a variance for exceeding the 35-foot height limit in the Arterial Commercial (C5) zoning district. The Commission noted that the 35-foot height limit would adequately allow the prominent display of a flag and denied the variance request based on the determination that no overriding circumstances existed that warranted exceeding the height limit and concerns about the flagpole being utilized as an additional marketing tool for the service station. The applicant is appealing the Planning Commission's decision to deny Variance No. 2005-09 (Exhibit B). The applicant contends that because of the site's physical constraints, it requires a 50-foot flagpole to be able to properly display and view a flag from the surrounding areas. Additionally, the applicant feels that the proposed flagpole would not set a precedent for future requests of 50-foot tall flagpoles or have a negative aesthetic impact either to the immediate residential vicinity or the City of Santa Ana. 75A-1 Appeal No. 2005-03 (Variance No. 2005-09) September 6, 2005 Page 2 The site's physical location and the applicant's interest in displaying the American flag was considered by the Planning Commission. The Commission noted that first amendment protections prevent the City from requiring that only an American flag be displayed. Thus the current or subsequent property owners are entitled to display any flag. The Commission further noted that the 35-foot height limit would adequately allow the prominent display of the flag, and felt that the excessive height proposed by the applicant represented an attention-getting device. It is therefore recommended that Appeal No. 2005-03 be denied. FISCAL IMPACT There is no fiscal impact associated with this action. ~ J Y M Trevino E tive Director Planning & Building Agency PG:rb pg\reports\vaOS-09.cc-appeal 75A-2 REQUEST FOR Planning Commission Action i!W'r1 k~/~: /GAU~auoll 1.."'-"" ..~:. -" ~- PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: JUNE 13, 2005 TITLE: PUBLIC HEARING - VARIANCE NO. 2005-09 FILED BY STEVE KRIEGER TO PERMIT THE CONSTRUCTION OF A 50-FOOT TALL FLAGPOLE AT 617 EAST SEVENTEENTH STREET APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO Prepared by Pedro Guillen ~ ~~~;ector ~~~er RECOMMENDED ACTION Adopt a resolution denying Variance No. 2005-09. DISCUSSION Request of Applicant Mr. Steve Krieger is requesting approval of a variance to allow the construction of a 50-foot tall flagpole at an existing service station at 617 East Seventeenth Street. Property Description The development site is a semi-rectangular shaped lot that is approximately 1.6 acres in size and is located on the northwest corner of Seventeenth Street and Santiago Avenue. The property is located in the Arterial Commercial (C5) zoning district and has a General Plan land use designation of General Commercial (GC). The existing site has a Union 76 Service Station that includes a mini-market, a car wash building and a 35- foot freestanding sign. The surrounding land uses consist of single- family residences immediately to the north, commercial and multi-family residential to the east and the Interstate 5 Freeway (Santa Ana Freeway) to the south and west (Exhibits 1 and 2) . Project Description The proposed project involves the construction of a 50-foot tall flagpole that will display an American flag measuring 10-feet by 15-feet, totaling 150 square feet (Exhibit 3). EXHIBIT A 75A-3 Variance No. 2005-09 June 13, 2005 Page 2 The flagpole is proposed to be located near building, at the end of an existing landscaped modified to accommodate the flagpole (Exhibit 4) . the existing planter that car wash will be Analysis of the Issues In September 2004, the applicant applied for a variance to allow a 100- foot flagpole at an existing service station. After receiving public testimony on the request on October 25, 2004, the Planning Commission denied Variance No. 2004-12. The Planning Commission denied the variance due to the fact that the existing 35-foot height limit would adequately allow the prominent display of an American flag and that the excessive height proposed by the applicant represented an attention-getting device. After filing an appeal of the Planning Commission decision, on January 18, 2005 the City Council denied the appeal due to similar concerns that the Planning Commission had identified. The applicant has submitted a new proposal to construct a 50-foot tall flagpole that will again display the American flag. Because the property is lower in elevation than the Santa Ana Freeway, the applicant wants the 50-foot tall flagpole to be identified with his business and serve as a new landmark for the City of Santa Ana. Staff has identified several concerns with the proposal that have resulted in recommending denial of the variance application. First, the Santa Ana Municipal Code establishes a height limit of 35-feet for structures located in the C5 zone and within 140-feet of any property zoned or used for residential purposes. The proposed flagpole exceeds the height limit by 15-feet and is immediately adjacent to single-family residences. Second, the City's General Plan designates the Santa Ana Freeway and Seventeenth Street as primary and secondary street corridors. One of the goals of the General Plan is to discourage the intrusion of excessive signage or structures that create obstructions to views within and from these corridors, such as this flagpole. Third, approval of this variance would set a precedent for similar types of requests, such as signage, for other businesses located along any freeway in Santa Ana seeking greater visibility. Finally, the existing service station is situated at a prominent business location on Seventeenth Street, directly north of the freeway off-ramp and immediately adjacent to the freeway on-ramp. Due to this high visibility location, there is no need for additional signage or identification of the premises. 75A-4 Variance No. 2005-09 June 13, 2005 Page 3 Staff has considered the immediate surroundings, specifically the freeway and the adjacent residential uses, in reviewing the applicant's request. Staff performed a height survey of the most prominent structures in the surrounding area. The subject property has an existing 35-foot tall freestanding sign that was approved in 1995. The top of the freeway sound wall immediately to the west of the property measures approximately 35- feet above street level. Guaranty Chevrolet, to the east, has a 50-foot tall freestanding sign. The Santa Ana Water Tower, which is designated as a historic landmark, is located on the opposite side of the freeway and measures 130-feet above street level (Exhibits 5 through 7) . Additionally, recently approved flagpoles in the City range in height from 20 feet to 35 feet. It has been determined that a need for such a great disparity in height is not warranted when considering the property's close proximity to the freeway on and off-ramps and prominent location on Seventeenth Street. Additionally, the residential uses to the north would be in direct view of the proposed flagpole and its flag. Based on code requirements and attached findings, no special circumstances warrant relief from the municipal code for constructing a 50-foot tall flagpole and exceeding the maximum allowable height (Exhibit 8). Based on the above analysis, staff recommends that the Planning Commission deny Variance No. 2005-09. CEQA Compliance In accordance with the recommended action is not environmental documentation California considered is required. Environmental Quality Act, a CEQA proj ect . Therefore, the no ~\\~ Pedro Guili'en Assistant Planner I PG:JM pg\reports\va05~09.pc 75A-5 R1 i R1 R1 R1 R1 R1 R1 - R1 c R1C ,,,. ! o 5D-21 Rl R1 o Ml R3 R3 M2 r----> ,.-- A1 -B C-SM C1 . C1-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIALJMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 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 R1 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 1m ~~ VA 05-9 STEVE KRIEGER II 617 EAST SEVENTEENTH STREET A rPY' - = 500 FEET 1" = 1000 FEET P LAN N N G AND BU LD EXHIBIT 1 75A-6 N G AGE N C Y I- l w w ..... II: NINETEENTH ST. ~ <( I- en =2: w tE =2: Lu Lu ::J 9 t::I Z t::I <t) <t) W Lu >- Lu ~ ex: LIJ ~ Lu ex: :::! ~ >- <( >- l.C c( ..... ~ ..... ~ ~ ~ lJ.. W lJ.. lJ.. en Lu COMMERCIAL Z Lu 0 ..... \:l c.. STREET 1S\-1. ~~ 4f 4f-ff. "'1~ ~~~ ~~ ~ ~ VA 05-9 STEVE KRIEGER II 617 EAST SEVENTEENTH STREET PLANNING AND BUILDING AGE N C Y EXHIBIT 2 75A-7 COM. A r9(' -- - - I t . II ,I 'I -_. I" IIi I 11~lh ,...1 1.lulll u I , j l , ! .....,\".,."""'.....~ ~ 1 ~. .... .-. , I.. ~ r i ~ .._-,,~~'-", ;".. ; ! . -\ t, 1 j ;-4P-' r:..i- ~- "',tt-- r.:~.-~---: I-! ~ \ ril', , --. .- , t j I ~, , ,-... . i ~_J ~:tf,' 'iT! .... W-_M~) '" /' -i.",~1> 1" ",l' /" 1----'-. ~ I l I I . ,1111 I I .. I ! ! , '\ ", . I I .... T.. j .::> .0 j i ~ ~ 1 [--~...._.,.,."'._.-r-..1 .....--.,~,~,,~,'.--~~-"...._,~~.....----<.._~ -- -I .... .~ .... ~- ,.. '/IIIfI//IIII- -- rr - ...,- -- nM.w 8NfJW ItnIU ..., ww Y.lM'S .JO J.JD I I I I I I I ~- -----' ..... -- [)::(JJ [1:;:,~:J ~I n;;:tii,I"-lril' ,:~[l -, .~Jf-.,....,.f ...' ~ I I ~ I , I i , 'i.l;.,.-,<-,.,.,.,...., . ""'. ~. .,r. C)::J:![! [if:;::i] .".. .'J-- I .~~e-;~~~.i I I i J . I I I I , I i i , ! , ) "'""" ~~, -""""'" Y/4. 05-9 75AillHIBIT 3 __tNU _10 __ ~__! 7" ----,., , I I I li~i~ 75~~i 4 ~ ,.. -,... ~ ~ c.;> o ~ -~ ~,.. ,.. ~ eJ ~ ~ - e~ ,.. ..cOO = ~ 00 ;> = 0 o..c =< ~,.. eJlllllll 0 00 0 ~~ = I eJlllllll I/) ~~ = I = ~ ~ = ~ ~ ~ ~ - ~ ~ - =~ = = ~ = ,..< o o = ~,.. I = I/) = ~OO ~ ~ VA 05-9 1SABIf 0 ....... o o ~ I = If') ....... QJ - = e ell >- .- QJrJ'J. ~ ell U .:: ~~ .......= = ~ ~....... .. \I.) ~ QJ = QJ ~~ 75~Jli6 * * 7~\~ ~ ~ ~ ~ .....- ~ ~ ~ I = ~ ~ I . ~ ~ ~ ~ .....- = OeJ< ~.~ ~ . ~.....- ~ = = .....-oo.~ ~~oo. ~~a ~ {I:J 0 =~~ <~{I:J ~ .....- {I:J .....- = 0 = 0 · ~ 00. eJ 00. '-" < I ,-.... ... ~ ~~ .....- ~ . ~ ~ ~ Q... e~ variance 2005-09 June 13, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subject property where the strict interpretation of the zoning ordinance is found to deprive the subj ect property of privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. The existing service station is situated at a prominent business location, directly north of the freeway off-ramp and immediately adj acent to the freeway on-ramp. Addi tionally, Seventeenth Street is a major arterial street and provides a large volume of traffic in this area. In addition, there is an existing 35-foot freestanding pole sign on the southeast portion of the site that provides additional identification to the site. Therefore, there is no need for additional signage or identification symbols on the premises. This is a typical lot with no unique site features that warrant a structure to exceed the maximum allowable height limit within the zone. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of the variance should not significantly impact the right of the property owner to enjoy the use of their property. Seventeenth Street is a major arterial in the City and has a high traffic volume. The construction of a 50-foot tall flagpole will not guarantee any greater enj oyment or business attraction permitted by code. VA 05-..i. 75_us Variance 2005-09 June 13, 2005 Page 2 of 2 C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance may be detrimental and aesthetically incompatible to the surrounding residential uses, when considering that no other structure is similar in height to the proposed structure and the residential uses located immediately to the north of this site, which are considered a sensitive land use. D. That the granting of a variance will not adversely affect the General Plan of the City. The Santa Ana Freeway is designated as a primary street corridor and Seventeenth Street is designated as a secondary street corridor and major arterial in the City's General Plan. The General Plan discourages the intrusion of unsightly signage and other similar structures, such as the proposed 50- foot tall flagpole, which impact the visual and aesthetic qualities of these corridors. 75A-14 KO -6/20/05 RESOLUTION NO. 2005-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2005-09 SEEKING TO ALLOW A 50-FOOT TALL FLAGPOLE AT AN EXISTING SERVICE STATION AT 617 EAST SEVENTEENTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Variance No. 2005-09 to allow a 50-foot tall flagpole at an existing service station at 617 East Seventeenth Street. B. Variance No. 2005-09 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 13, 2005. C. Applicant is seeking a variance from Santa Ana Municipal Code Section 41-602(c)(2), which establishes a height limit of 35-feet for structures that are located in the C5 zone and within 140-feet of any property zoned or used for residential purposes. 1. As defined in the municipal code, a structure is "anything constructed or erected which requires permanent location on the ground, or attached to something having permanent location on the ground, including signs and billboards". 2. The flagpole exceeds the maximum allowable height for this zone by 15-feet, and is immediately adjacent to single-family residences. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. The Planning Commission determines that the findings necessary to grant the variance have not been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. i. There are no special circumstances applicable to the subject property where the strict interpretation of the zoning ordinance is found to deprive the subject property of 75A-15 Resolution No. 2005-17 Page 1 of 4 privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. ii. The existing service station is situated at a prominent business location, directly north of the freeway off-ramp and immediately adjacent to the freeway on-ramp. Additionally, Seventeenth Street is a major arterial street and provides a large volume of traffic in this area. In addition, there is an existing 35-foot freestanding pole sign on the southeast portion of the site that provides additional identification to the site. Therefore, there is no need for additional signage or identification symbols on the premises. iii. This is a typical lot with no unique site features that warrant a structure to exceed the maximum allowable height limit within the zone. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of the variance will not significantly impact the right of the property owner to enjoy the use of their property. Seventeenth Street is a major arterial in the City and has a high traffic volume. The construction of a 50-foot tall flagpole will not guarantee any greater enjoyment or business attraction permitted by code. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance will be detrimental and aesthetically incompatible to the surrounding residential uses, when considering that no other structure is similar in height to the proposed structure and the residential uses located immediately to the north of this site, which are considered a sensitive land use. 4. That the granting of a variance will not adversely affect the General Plan of the City. The Santa Ana Freeway is designated as a primary street corridor and Seventeenth Street is designated as a secondary street corridor and major arterial in the City's General Plan. The General Plan discourages the intrusion of unsightly signage and other similar structures, such as the proposed 50-foot tall flagpole, which impact the visual and aesthetic qualities of these corridors. E. In accordance with the California Environmental Quality Act, this is not a project; no environmental documentation is necessary for this project. 75A-16 Resolution No. 2005-17 Page 2 of 4 Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby denies Variance Permit No. 2005-09. 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 June 13, 2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference ADOPTED this 13th day of June, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo (1) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney 75A-17 Resolution No. 2005-17 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 13, 2005. Date: Clerk of the Planning Commission City of Santa Ana 75A-18 Resolution No. 2005-17 Page 4 of 4 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 APPEAL APPLICATION :!:ii:: I. OWNER/APPLICANT ApplicantS~'\7~~ ~\.-\~<;"~{L 1\--, c:.. s Full na':l,e of Person, Firm, or Corporation >.._-1\ \ "? <0<;::) \l) ~ c..,. e'\)c.=..,,-,\~~~~ S'\ R.~~\ (1)'1-)-5 ::::L -QO 03 Mailing AC\?\ess ',). '. Area Code Phone No. Legal Owner Name: '$ ","$'L"''--.(L\~~~(L ~"->\~R_.~~,-\S '=-S .~ '\'J~ - J Legal Owner Address~ \'\ 'C._ S(::.~~~~~~~$iT 1l.E.~"\ , S~~~ ~~~ ,cz.~ ~1.l()\ , Phone No.: n\~ ~~ \~J~2, Fax: ( Location i\ ~~\) II. SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) s;:~X- '"'"' ~c....~~D ~~~,~\~ cmlcntr-frm\appeal 5/00 Date:\;- ).0 - ~/ APPEAL APPLICATION NO. fA... PP l- - d DO!? . 3 - A ? c.. EXHIBIT B Applicant's Signature: 75A-19 We do not believe the display of an American flag on our property would aesthetically impact either the local community in the immediate vicinity of the site or the City of Santa Ana. We do not understand how the American flag is considered to be unsightly. The sole purpose of this variance request is to display an American flag that can be properly seen by the local community. The flagpole needs to be 50 feet in height to overcome the physical constraints of the site such as the 35' canopy, freeway sound wall and existing mature trees. We feel the Planning Commission did not take into account the physical constraints associated with our site, which requires us to provide a 50-foot flagpole for the American flag to be appropriately displayed. Our property has physical constraints that occurred after our project was constructed and prevents clear views of the site from the surrounding areas. A 35-foot flagpole, which is the maximum height limit for the site would not allow the American flag to be visible due to these existing physical constraints. The constraints are due largely to the noise walls along the east side of the Santa Ana Freeway. These noise walls are adjacent to and south and west of our property. The noise walls block direct views of our site of motorists traveling northbound on the Santa Ana freeway. Northbound motorists cannot see our site until after they've passed the 17fu Street freeway off-ramp. A 35-foot flagpole would not allow northbound motorists to see the site until after passing the off-ramp exit. A 50-foot flagpole would be visible to northbound freeway motorists before they approach the off-ramp, allowing them time to safely exit the freeway at 17fu Street. We do not feel the approval of this variance request would set a precedent for additional 50-foot flagpoles throughout Santa Ana because other sites do not have the physical constraints that impact our property. Our site has physical constraints and in conjunction with the 35-foot height restriction severely limits site visibility that can only be solved with a 50-foot flagpole. 75A-20 KO -8/23/05 RESOLUTION NO. 2005-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2005-09 (APPEAL NO. 2005-03) SEEKING TO ALLOW A 50-FOOT TALL FLAGPOLE AT AN EXISTING SERVICE STATION AT 617 EAST SEVENTEENTH STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Variance No. 2005-09 to allow a 50-foot tall flagpole at an existing service station at 617 East Seventeenth Street. B. On June 13, 2005, Variance No. 2005-09 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing. The Planning Commission denied Variance No. 2005-09 by a vote of 6:0 (Leo absent). C. On June 20, 2005, the applicant appealed the Planning Commission decision, Appeal No. 2005-03. D. Applicant is seeking a variance from Santa Ana Municipal Code Section 41-602(c)(2), which establishes a height limit of 35-feet for structures that are located in the C5 zone and within 140-feet of any property zoned or used for residential purposes. 1. As defined in the municipal code, a structure is "anything constructed or erected which requires permanent location on the ground, or attached to something having permanent location on the ground, including signs and billboards". 2. The flagpole exceeds the maximum allowable height for this zone by 15-feet, and is immediately adjacent to single-family residences. E. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. The City Council determines that the findings necessary to grant the variance have not been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Resolution No. 2005-079 Page 1 of 4 75A-21 i. There are no special circumstances applicable to the subject property where the strict interpretation of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. ii. The existing service station is situated at a prominent business location, directly north of the freeway off-ramp and immediately adjacent to the freeway on-ramp. Additionally, Seventeenth Street is a major arterial street and provides a large volume of traffic in this area. In addition, there is an existing 35-foot freestanding pole sign on the southeast portion of the site that provides additional identification to the site. Therefore, there is no need for additional signage or identification symbols on the premises. iii. This is a typical lot with no unique site features that warrant a structure to exceed the maximum allowable height limit within the zone. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of the variance will not significantly impact the right of the property owner to enjoy the use of their property. Seventeenth Street is a major arterial in the City and has a high traffic volume. The construction of a 50-foot tall flagpole will not guarantee any greater enjoyment or business attraction permitted by code. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance will be detrimental and aesthetically incompatible to the surrounding residential uses, when considering that no other structure is similar in height to the proposed structure and the residential uses located immediately to the north of this site, which are considered a sensitive land use. 4. That the granting of a variance will not adversely affect the General Plan of the City. The Santa Ana Freeway is designated as a primary street corridor and Seventeenth Street is designated as a secondary street corridor and major arterial in the City's General Plan. The General Plan discourages the intrusion of unsightly signage and other similar structures, such as the proposed 50-foot tall flagpole, which impact the visual and aesthetic qualities of these corridors. Resolution No. 2005-079 Page 2 of 4 75A-22 F. In accordance with the California Environmental Quality Act, this is not a project; no environmental documentation is necessary for this project. Section 2. The City Council of the City of Santa Ana, after conducting the public hearing, hereby denies Variance No. 2005-09 (Appeal No. 2005-03). This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but not is not limited to: the Request for City Council Action dated September 6, 2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference Section 3. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this day of September, 2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Council members 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. 2005-079 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. 2005-079 Page 3 of 4 75A-23 75A-24 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 APPROVED TITLE: PUBLIC HEARING - 2005/06 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For "ViI, '7 (lA{2. CITY MANAGER CONTINUED TO .--"'" FILE NUMBER RECOMMENDED ACTION Adopt a resolution to approve the proposed expenditure plan for the FY 2005/06 Supplemental Law Enforcement Services Fund. DISCUSSION The State of California provides grant funding to State law enforcement agencies through the Supplemental Law Enforcement Services Fund (SLESF). This grant requires that funding be allocated to counties and cities in accordance with specific requirements for front-line law enforcement services. Front-line law enforcement typically includes community oriented policing projects and special law enforcement activities that require use of additional police officers in specially targeted saturation areas. Total funding allocation is based on annual estimated population figures for respective counties and cities. In FY 2004/05, the Police Department received an award of $512,130. The potential funding amount for FY 2005/06 has yet to be authorized through the State budget. In compliance with the requirements of this legislation, the Orange County Supplemental Law Enforcement Oversight Commi ttee has requested that all cities obtain City Council approval of their Description of Planned Expenditures for FY 2005/06 (Exhibit 1). The Police Department plans to utilize these funds for front-line crime reduction efforts such as gang suppression, cruiser enforcement, and career criminal apprehension. FISCAL IMPACT There is no fiscal impact associated with this action. I) ,r .i c~ ~.( LJ.( ~~.. Paul M. Walters Chief of Police 758-1 EXHIBIT 1 SUPPLEMENT AL LAW ENFORCEMENT OVERSIGHT COMMITTEE ~1~2015 oae: . General Description of Planned Expenditures FY 2005/06 This General Description of Planned Expenditures form is to be completed along and returned along with a City Council Agenda Report denoting planned SLESF appropriations for FY 05/06 to the Orange County Supplemental Law Enforcement Oversight Committee to ensure compliance with Government Code Sections 30061-30065. Except as otherwise allowed by law, Supplemental Law Enforcement Funds must be expended exclusively for personnel, equipment, or programs that support front line law enforcement services, and may not be used to supplant any other existing funding. City Agency: Santa Ana Police Department Contact Name and Phone # Corporal Anthony Bertaqna (714) 245-8029 Description: Based on the Police Department. Senior Manaqement Team's recommendations. staff is proposinq the qrant funding be used to support. overtime programs for front line crime reduction ~ffortsand improvement of public safety throughout .the.community. These programs include.the Ganq SllppreRR i em T;) Rk Forr.e, CrlliRer Enforr.ement, and C;)reer Criminal Apprehension Programs. H:lMy DocwnentslGrant AppJicationslSLESF 04-05\Planned Expenditures Form FY05-06.doc 758-2 Lss:08/17/05 RESOLUTION NO. 2005-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO APPROVE THE PROPOSED EXPENDITURE PLAN FOR THE 2005-2006 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. The California Legislature has established and annually funds the Supplemental Law Enforcement Services Fund (SLESF). B. Said fund requires that moneys be allocated to counties and cities in accordance with specified requirements for front line law enforcement services. C. The total funding allocation is based on annual estimated population figures for respective counties and cities. In 2004-05 the City of Santa Ana, received an award of $512,130. D. The potential funding amount for 2005-06 has yet to be authorized through the State budget. The State requires cities and counties to adopt and submit an expenditure plan to the Supplemental Law Enforcement Oversight Committee prior to funding. E. The Police Department has established a SLESF expenditure account for the grant funds, and is committed to spend the funds on front-line law enforcement, including personnel and equipment for community policing. These programs include the Gang Suppression Task Force, Cruiser Enforcement and Career Criminal Apprehension Programs. F. A duly noticed public hearing was held to consider this item at the Council's regular meeting of September 6, 2005. The City Council considered all testimony, written and oral, before rendering this decision. Section 2. The City Council of the City of Santa Ana hereby approves and authorizes and empowers the Chief of Police to take all actions necessary to Resolution 2005-080 Page 1 of 2 758-3 submit the proposed SLESF expenditure plan to the Supplemental Law Enforcement Oversight Committee. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABST AI N: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2005-080 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana Resolution No. 2005-080 Page 2 of 2 758-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: PUBLIC HEARING - WEST PUMP STATION FACILITY UPGRADES 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 / I / ~ ITV MANAGER CONTINUED TO /' FILE NUMBER RECOMMENDED ACTION Conduct a public hearing soliciting comments from the public on the proposed upgrades to the West Pump Station facility. DISCUSSION In October 2004, the United States Environmental Protection Agency (EPA) approved a grant to upgrade the City's West Pump Station Facility (Exhibit 1). The total project cost is estimated at $876,546. The EPA will supply $482,100 (55%) and the City will be responsible for the remaining $394,446 (45%). The improvements will include the installation of five new booster pumps and electric motors, all new electrical equipment, panels and wiring and a pump building to house the new equipment. One of the requirements of this EPA grant is to hold a public hearing to solicit public comments. Staff will then provide the EPA with documentation of the public meeting including the meeting date, transcripts, proof of publication, and a summary of any public comments or concerns to the project. Staff will address any concerns in the final project design. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 75C-1 Public Hearing - West Pump Station Facility Upgrades September 6, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. J2 1 ~..~ :1.J.v4 James G. Ross Executive Director Public Works Agency JGR/SW/RFCA09/06/05PublicHearingWPumpStation APPROVED AS TO FUNDS AND ACCOUNTS: ~f'e~ ~rancisco Gutierrez Executive Director Finance & Mgmt. Services Agency~ oJ 75C-2 -' , Lj ~~~-\ ()'-IS (;p~' G~ L G~~ ~ J 22 22 WESTMINISTER AVE io., .., ~ V> s: O:l ~ V> ~ > 1ST ST Sl tl ::;, "-l z ;: ~ ~. :l ~ ~ ~ '- PROJEC lOCATION j; (WEST PU",P STATION AND RESERVOIR) w z McFADDEN AVE PROJECT LOCATION ~ NTS NOT TO SCALE EXHIBIT 1 Title: PUBLIC HEARING WEST PUMP STATION FACILITY UPGRADES ) 75C-4 REQUEST FOR AGENCYI COUNCIL ACTION ~ ~dt\catlOn I.., MEETING DATE: SEPTEMBER 6, 2005 TITLE: JOINT PUBLIC HEARING - AMENDMENT APPLICATION NO. 2005-04 TO ALLOW A ZONE CHANGE FROM COMMERCIAL-MUSEUM DISTRICT TO SPECIFIC DEVELOPMENT NO. 78, CONDITIONAL USE PERMIT NO. 2005-20 TO ALLOW A BANQUET FACILITY, LAND USE EXCHANGE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND STEADFAST SPE, LEASE AGREEMENT BETWEEN CITY OF SANTA ANA AND THE BOWERS MUSEUM, AMENDMENT TO OPERATING AGREEMENT BETWEEN CITY OF SANTA ANA AND THE BOWERS MUSEUM, AND APPROPRIATION ADJUSTMENT 3$, ~~~I~~~ ~~{::Ef:;- THE CITY MANAGER r<.lZXECU IVE DIRECTOR \ CLERK OF COUNCIL USE ONLY: APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION CITY COUNCIL ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-45. 2. Adopt an ordinance approving Amendment Application No. 2005-04 and Specific Development Plan No. 78 (SD-78). 3. Adopt a resolution approving Conditional Use Permit No. 2005-20 as conditioned. 4. Adopt a resolution which will: A. Approve a Land Exchange Agreement between the City of Santa Ana and Steadfast SPE; B. Approve a Lease Agreement between the City of Santa Ana and The Bowers Museum for the construction of the museum expansion and related improvements; and, C. Approve an amendment to the Operating Agreement between the City of Santa Ana and The Bowers Museum. D. Authorize the City Manager to accept title to a portion of the Bowers parking lot at 1900 North Main Street owned by the Community Redevelopment Agency of the City of Santa Ana. 750-1 The Bowers Museum Expansion Project September 6, 2005 Page 2 5. Approve an appropriation adjustment authorizing a $200,000 loan repayment from the Central City Redevelopment Project Area and appropriating $200,000 to the Bowers Museum activity in the General Fund. COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Authorize a Redevelopment General Fund. $200,000 loan proj ect Area to repayment from the Central the Bowers Museum activity in City the 2. Authorize the Executive Director to transfer title to the portion of the Bowers parking lot located at 1900 North Main Street it owns to the City of Santa Ana. PLANNING COMMISSION ACTION On July 25, 2005, the Planning Commission recommended that the City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-45; adopt an ordinance approving Amendment Application No. 2005-04 and Specific Development Plan No. 78 (SD-78); and adopt a resolution approving Conditional Use Permit No. 2005-20 as conditioned by a vote of 6:0 (Gartner absent) to allow a zone change from Community Commercial-Museum District (C1-MD) to Specific Development No. 78 (SD-78) and to allow a banquet facility at The Bowers Museum, 2032 North Main Street (Exhibit A). The Planning Commission added two conditions allowing Planning staff to review a redesigned architectural treatment to the proposed northern secondary entry along the Main Street (east) elevation and walls on a ramp along the north elevation to ensure appropriate building materials and design. On August 22, 2005, the Planning Commission reconsidered the actions for the Bowers Museum expansion focusing on the two added conditions. After discussion, the Commission recommended changes to the conditions and are reflected in the conditions of approval. The changes allow a refined and more detailed arch feature at the entry, but retain the requirement that the arch and ramp walls be finished with genuine stone instead of a synthetic stone material. 750-2 The Bowers Museum Expansion Project September 6, 2005 Page 3 DISCUSSION Along with the Planning Commission actions, four additional city council actions will be necessary to allow the Bowers expansion proposal to move forward. The proposed resolution will authorize a land exchange agreement, a lease agreement, an amendment to the operating agreement between the City and The Bowers Museum, and a Redevelopment Agency financial contribution. The land exchange agreement is needed in order to facilitate the transfer of ownership of the existing surface parking lot land at Main Street between 19th and 20th Streets and property to the north, which is adjacent to the Museum expansion. This property to the north is presently owned by Steadfast and this exchange will result in Steadfast's construction of a new surface parking lot on this property. It will also allow Steadfast to move forward with its development proposal. As part of the land exchange, Steadfast will be responsible for constructing the proposed surface parking lot and installing a signal on Main Street. The City's contribution to the parking lot construction will be capped at $70,000. Under the lease agreement, the City will lease the existing north parking lot, and potentially other parking facilities to the Museum corporation on which the Museum will construct the expansion and other improvements. Upon completion, the leased land along with the constructed facilities will revert to City ownership and control. Pursuant to the amendment to the operating agreement, the Museum will agree to operate the expansion as part of the entire museum complex subject to certain annual City appropriations for maintenance and repair of the facility. Finally, the Council and Agency will authorize the City Manager and Executive Director to unify the ownership of the current Bowers parking lot under the City. The repayment of a portion of the Redevelopment Agency's debt from the Central City Redevelopment Project Area to the City's General Fund will provide $200,000 to assist with the predevelopment and other costs for the Bowers expansion. These actions along with the Planning Commission actions will facilitate the entitlements for the Bowers expansion as proposed. 750-3 The Bowers Museum Expansion Project September 6, 2005 Page 4 FISCAL IMPACT Upon approval of the loan repayment and appropriation adj ustment, funds will be available for predevelopment and other costs related to the Bowers expansion (account no. 11-221-6631). APPROVED AS TO FUNDS AND ACCOUNTS: ay M. Trevino x utive Director Planning & Building Agency ~ ~~}\\.~ \. ~l' U ~ ~=- , Francisco Gutierrez J Executive Director 1 Finance & Management Services Agency r7/vn ?f!f!ALcJO->(dCj fr~patricia . Whltaker Executive Director Community Development Agency SK:rb sk/Bowers/AAOS-04CUPOS-20.joint cc-cra 750-4 REQUEST FOR Planning Commission Action (~'1'ff1 ~~~ /. "'ucation 1 ~, /'-~---~U::. -v '\i PLANNING COMMISSION MEETING DATE: JULY 25, 2005 PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2005-04 TO ALLOW A ZONE CHANGE FROM COMMERCIAL-MUSEUM DISTRICT TO SPECIFIC DEVELOPMENT NO. 78 AND CONDITIONAL USE PERMIT NO. 2005-20 TO ALLLOW A BANQUET FACILITY Prepared by Sergio Klotz APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO Executive Director Planning Manager MENDED ACTION Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-45. 2. Adopt an ordinance approving Amendment Application No. 2005-04 and Specific Development Plan No. 78 (SD-78). 3. Adopt a resolution approving Conditional Use Permit No. 2005-20 as conditioned. DISCUSSION Request of Applicant The Bowers Museum is requesting an amendment application in order to allow the expansion of the existing museum and the allowance of ancillary uses at 2032 North Main Street. Specifically, the applicant is requesting a zone change from Community Commercial-Museum District (C1-MD) to Specific Development No. 78 (SD-78). Additionally, a conditional use permit for a banquet facility will be required in the Specific Development No. 78 zoning district. Property Description The project site is approximately 3.62 acres in size and rectangular in shape located primarily along Main Street, north of Twentieth Street. The site is improved with the existing two-story museum building, which EXHIBIT A 750-5 Amendment Application No. 2005-04 Conditional Use Permit No. 2005-20 July 25, 2005 Page 2 includes 61,200 square feet. Immediately to the north of the museum is a former motel site currently utilized by the museum as ancillary office and storage space as well as employee parking. Additionally, to the south of the museum exists a surface parking lot. The current (C1-MD) with Surrounding facility to uses to the and 2) . zoning designation is Community Commercial-Museum District a General Plan land use designation of District Center (DC). land uses include the Kidseum and Saint Josephs Ballet the south, residential and office uses to the west, office north and various commercial uses to the east (Exhibits 1 Project Description The Bowers Museum intends to expand the existing museum building to provide additional exhibit and special events space. The proposed addi tion will be one story, 33,100 square feet structure constructed to the north of and contiguous with the existing museum. The addition will provide a new main lobby to the museum, two additional exhibit galleries, an atrium for both rotating exhibits and events, a 340 seat theater/auditorium for lectures and seminars, restrooms, a gallery service and preparation area and a cafe/catering kitchen. A new gated and walled landscaped sculpture garden/courtyard is planned adj acent to the atrium and will provide overflow space for special events as well as providing a visual amenity (Exhibit 3) . The new entry courtyard and building lobby is oriented to Main Street and is distinguished by a grove of orange trees reminiscent of historical Orange County. The existing entry through the historic bell tower arch will remain as an entry for group tours. All other patrons will enter through the new entry lobby and courtyard located at the center of the new museum facilitating equal access to the galleries located in both the existing and new expansion. As part of a separate transaction, the existing south parking lot site will be swapped with the existing office site to the north of the museum. The terms of the land swap will facilitate the demolition of the existing office structures to the north, construction of a new surface parking lot and the installation of a traffic signal. The existing southern surface parking lot will be processed through a separate applicant and entitlement requests. A new landscaped parking lot for approximately 131 parking spaces will be located adjacent to the expansion. 750-6 Amendment Application No. 2005-04 Conditional Use Permit No. 2005-20 July 25, 2005 Page 3 The Specific Development Plan is necessary to maintain the integrity of the existing site and provide consistent uses and appropriate development standards throughout the 3.62-acre parcel. The establishment of a Specific Development Plan will allow for flexibility in the site planning and design, while ensuring development of a high quality museum campus. The project will change the zoning designation of the existing site from Community Commercial-Museum District (C1-MD) to Specific Development No. 78 (Exhibit 4). The intent of the Specific Development Plan is to accommodate the expansion of the museum and its ancillary uses. Additionally, the proposed zoning amendment would address development standards appropriate for a museum setting. Parking for the museum facility will be accommodated utilizing the new surface parking lot adjacent to the expansion, a new surface parking lot at the southeast corner of Main Street and Interstate 5 (I-5) southbound on-ramp and shared parking with the Orange County Federal Credit Union facility at 2115 North Broadway and Rancho Santiago office site at 2323 North Broadway. A total of 622 parking spaces will be provided through these parking arrangements to accommodate the built out museum and ancillary uses (Exhibit 5) . Analysis of the Issues Amendment Application The City's Specific Development District was authorized and established for the purpose of protecting and enhancing the value, appearance and orderly development of property. In order to facilitate the proposed expansion of the museum use and allow flexibility in the development standards, the proposed zone change to Specific Development No. 78 would be most appropriate. The Specific Development would allow the museum and its ancillary uses to be accommodated in a comprehensive setting. The proposal supports the General Plan policies of encouraging commercial development along arterial streets, supporting developments that are harmonious with existing development in the area, provides the community and region economic and service benefits, and promotes the City's image as a regional acti vi ty center. The further establishment of the Bowers Museum as a regional attraction and the positive image reflected by a high quality facility will strengthen the areas commercial uses, encourage further development and provide additional cultural services to the City and region. 750-7 Amendment Application No. 2005-04 Conditional Use Permit No. 2005-20 July 25, 2005 Page 4 Conditional Use Permit In order to maintain consistency with the Bowers Museum Specific Development Plan No. 78 would require a conditional use permit to operate a banquet facility. The current development proposal includes a 6,300 square foot atrium that would be utilized for banquets and special events. Currently, the Bowers Museum hosts approximately 625 banquets and special events per year in their outdoor courtyard, conference center, north parking lot, galleries and restaurant. These events have included weddings, academic seminars, fundraising galas and corporate meetings. The proposed atrium space is intended to house most of these events. The events have ranged in size from a dozen to hundreds of participants. The parking for the proj ect will be directly tied to the specific floor plan submitted. Any future expansion of the assembly areas or deviation from the approved uses or floor plan resulting in a higher parking demand would require a re-evaluation of the conditional use permit by the Planning Commission. Bowers Museum currently manages the parking through a professional parking company that arranges shared parking agreements. These agreements typically coordinate events in the evening and weekends when surrounding parking supplies are available. This method has proved successful due to the willingness of surrounding properties to participate and the availability of spaces. The proposed Specific Development 78 would allow the continued practice of shared off-site parking through the use of a professional parking management company. A parking study was conducted analyzing the existing and future proj ect conditions. As a part of that analysis, parking was studied during weekend peaks, large assembly events and weekday peaks. The study concludes that a peak demand of 369 parking spaces are needed on the weekends, 213 on weekdays and 450 during large assemblies. Approximately 221 parking spaces will be provided between the new parking lot along the north side of the expansion and the triangle parking lot at Main Street and the southbound 1-5 on-ramp. Additionally, there is a small parking lot (approximately 20 spaces) located directly across from the museum along Main Street. These locations will accommodate any weekday peak demands. For weekend and large assembly events, the use of additional parking at the Orange County Teachers Federal Credit Union and the Rancho Santiago sites will sufficiently provide parking. Approval is recommended for the proposed amendment application and conditional use permit as the Bowers Museum will continue to provide a use that will serve the community and region through the provision of exhibit, 750-8 Amendment Application No. 2005-04 Conditional Use Permit No. 2005-20 July 25, 2005 Page 5 lecture, seminars and special events space. Based upon the above analysis of the proj ect, consistency with the City's General Plan, existing and proposed uses on-site, and applicable zoning requirements, it is recommended that Amendment Application No. 2005-04 and Conditional Use Permit No. 2005-20 be approved as conditioned (Exhibits 6 and 7) . CEQA Compliance In accordance with the California Environmental Quality Act, a mitigated negative declaration Environmental Review No. 2005-45 has been prepared for this project. sk/Bowers/AA05-04CUP05-20.072505.pc 750-9 R1 R1 R1 ~ R1 < z ~ ~ R1 =:!~L R1 I PARK N i R1 B[:JGd ?8"0 R1 122' RO ] "" ( "9 ~ R1 R1 ( R1 R1 i R1 R1 R1 R1 ~ ] ] l~I~'~ C5 I II f[~J ]jj :1, ":;'0 ]rn[J~D : ~ ~ A1 -B C-SM C1 C1-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 CR GC Ml M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP 1m ~~ AA 05-4/CUP 05-20 BOWERS MUSEUM EXPANSION 2032 NORTH MAIN STREET A &V' - = 500 FEET l' = 1000 FEET P LAN N N G AND BU LD EXHIBIT 1 750-10 N G AGE N C Y ~ ~~ P LAN N ~ f- ~ -J <: a <:( () <:( a: v Lu -J ~ <:( <:( ~ ::,. a () () -J a: <:( -J Lu ....= Cf) <:( ~ () a W () I- () en Lu a: RESIDENTIAL Lu COMMERCIAL (,) ~ RESIDENTIAL a ~ (J) ~ COMMERCIAL a: () a 3: Lu Cl D. PARKING < LOT () 0 () a: COMMERC AL al COMM TWENTIETH ST. lJ.. ~ h -J I RE /DENTI L f- a <:( a a -J Z () -J lJ.. COMM. (:J <i: () <: - :!: Lu ;;:: '" a RE IDE TlAL a: COMM RC L a: <:( ~ Q a () NINTEENTH ST. '\1 AA 05-4/CUP 05-20 BOWERS MUSEUM EXPANSION 2032 NORTH MAIN STREET N G AND B U L D N G AGE N C Y EXHIBIT 2 750-11 A d{' ~ R1 I ~ L PA~1 N ~ R1 ~-GYc R1 R1 ] R1 tJ I-~:; R1 R1 Al .B C.SM C1 C1-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 COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT CR GC M1 M2 MO o P PCD PRD 1m ~---~ AA 05-4/CUP 05-20 BOWERS MUSEUM EXPANSION 2032 NORTH MAIN STREET c=J ZONE CHANGE: FROM C1-MD TO SD 78 1" = 1000 FEET R1 R1 EA EJ R1 r~~Yr ( B :1~1 ST. ( ~r ST = ~ R1 ( ( - R1 R1 R1 R1 R1 R1 ~ R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP fA rPI' - = 500 FEET P LAN N N G AGE N C Y N G AND BU LD EXHIBIT 3 750-12 BOWERS MUSEUM AA 05-4/CUP 05-20 EXHIBIT 4 I 750-13 Specific Development Plan No. 78 City of Santa Ana TABLE OF CONTENTS PAGE SECTION 1. APPLICABILITY OF ORDINANCE ...........................................1 SECTION 2. PURPOSE ........................................................................ ...1 SECTION 3. OBJECTIVES ......................................... .......................... ..1-2 SECTION 4. USES PERMITTED ................................................................2 A. Permitted Uses ................................................................. ....2 B. Conditionally Permitted Uses .................................................. ..2 C. Uses Not Permitted .......................................................... ......3 SECTION 5. MAXIMUM PERMITTED BUILDING INTENSITY ........................3 SECTION 6. DEVELOPMENT STANDARDS .. ................................... ........ ...3 A. Building Height ... ....................................................... .... ..... ..3 B. Setbacks .............................................................................3 C. Parking ...............................................................................4 D. Walls and Screening... ............................................. .. . ............ ...4 E. Landscaping Standards ...................................................... ....4-5 F. Architectural Design Features ............................................. ........5 SECTION 7. ENFORCEMENT............................................................ .......5 SECTION 8. SIGNAGE .............................................................. ......... ...5-6 SECTION 9. REFUSE COLLECTION AREA AND LOADING ................ ...... ... ...6 SECTION 10. TELEPHONE, ELECTRICAL, WATER, GAS AND CABLE ............6 A TT ACHED EXHIBITS Exhibit A - Overall Site Plan Exhibit B - Landscape Plan ii 750-14 Section 1. BOWERS MUSEUM Specific Development Plan No. 78 Applicability of Ordinance The specific development zoning district for the Bowers Museum as authorized by Chapter 41, Division 26, Sec. 41- 593 et/seq. of the Santa Ana Municipal Code (SAMC) , is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 78 (SD-78), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. Bowers Museum SD-78 sets the development and design criteria for a development consisting of approximately 3.62 acres. The purpose of this specific development plan is to permit flexibility in the site planning and design to respond to market conditions while assuring high quality development. SD-78 specifically following: Section 3. establishes for the the property . Permitted uses Development standards, including building height limits, required setbacks, parking, landscaping provisions and enforcement policies Operational standards Maximum authorized development intensity Signage provisions . . . . Objectives The obj ecti ves of the Bowers Museum Specific Development Plan No. 78, include provisions of the following: . A long term development that is architectural quality and design. highest of the 75D-15 . A landscaping plan that is complementary to a large scale museum development and sensitive to the surrounding community. . A visually harmonious development as viewed both internally and externally. · A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent and policies of the General Plan. . Concentrated and internally integrated development rather that development that spreads activities into adjacent residential neighborhoods. · A circulation system that is responsive to the needs of both vehicular and pedestrian travel. · provision of cultural amenities and facilities serving the visual and performing arts which are open for public patronage. · A landmark museum facility with appropriate ancillary uses along north Main Street. Section 4. Uses Per;mitted The categories of land uses to be included within the project area are galleries, eating establishments, offices, retail, banquet facility and storage and preparation rooms. If a use is for any reason omitted from those specified as permissible or if ambiguity arises concerning the approximate classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Planning Commission whose decision is final. A. Permitted Uses. a. Museums and ancillary uses such gift shop, general offices, library and boardroom, storage and surface parking areas. b. Eating establishments. c. Theaters. as galleries, retail conference rooms, and fabrication shop B. Conditionally Permitted Uses. a. Banquet facilities, subject to development and operational standards set forth in SAMC 41-199.1. b. Uses open between Midnight to 5:00 a.m. c. Establishments selling or serving alcoholic beverages. 75D-16 C. Uses not permitted. a. Schools, private or public. b. Medical office or clinics. c. Commercial uses with vehicular drive-through lanes or windows (i.e. drive-through restaurants, pharmacy or similar uses) . d. Fast food or exclusively take-out restaurants. e. All other uses not expressly permitted or conditionally permitted in this ordinance. Section 5. Maximum per.mitted Building Intensity The maximum authorized building intensity for the Bowers Museum is 91.072 square feet for museum and ancillary uses. The maximum floor area ratio allowed is 1.5. Section 6. Development Standards A. Building Height. All future on-site structures will be subject to a height limitation of 35 feet above ground level, which is defined as the vertical distance measured from the curb level to the highest point of the roof surface. An additional 10 percent may be allowed for architectural features such as archway entries and towers, subject to the Executive Director of Planning and Building Agency review and approval. B. Setbacks. a. Main Street i. A minimum twelve feet five inches (12'5") to the first building element or structure. b. Twentieth Street i. A minimum twenty-seven (27) feet to the first building element or structure. c. Surface Parking Areas i. A minimum landscape setback of five (5) feet from edge of sidewalk. d. Interior Property Line Setback i. A minimum five (5) feet of landscaping along any edge adjacent to a residential use. 75D-17 C. Parking The Bowers Museum has successfully utilized a parking management plan that facilitates parking in various off - si te locations to supplement parking on- si te. As such, the following parking is required: a. On-site surface parking of a minimum of 131 spaces. b. Off-site parking facilities totaling 576 spaces at locations, such as but not limited to, a new surface parking area at the southeast corner of Main Street and the Interstate 5 (I - 5) southbound freeway on- ramp and utilization of existing parking areas at the Orange County Teachers Federal Credit Union (insert address) and Rancho Santiago office plaza (insert address) . c. Utilization of off-site parking facilities shall be accompanied by a signed contract allowing use of parking at either after hours or for special events exclusively for the Bowers Museum. A copy of such contract(s) shall be kept on file with the Planning and Building Agency. d. A professional parking management company shall be utilized to coordinate and manage the parking. D. Walls and Screening. Any equipment, whether on the roof, side of building, or ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of materials, color, shape, and size. E. Landscaping Standards. All areas not used for buildings, parking or storage shall be landscaped using the following guidelines consistent with the Commercial Landscape Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The proj ect shall provide landscaping consistent with the existing landscape theme and existing improvements on-site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by City Landscape Associate. The minimum required landscaping for the proj ect has been reflected by Exhibit A. All required setback areas shall be landscaped except for approved walkways and driveways. Landscaping throughout the proj ect 750-18 shall be in compliance with the landscape plan attached. Further, the landscape plan shall be fully implemented prior to the issuance of any certificate of occupancy. F. Architectural Design Features. · Exterior Materials: Exterior materials and finishes to comply with approvals granted through the Historic Resources Commission and approved materials board. Trash enclosure and similar ancillary structures are to match the texture, materials and color palette of the proposed building. · Design Features: Shall be designed to be integrated with the existing buildings. Any new additions shall be in keeping with the original in terms of scale, rooflines, materials, and color. · Lighting Standards/fixtures: A minimum of 1 foot candle of light shall be provided throughout the parking area. Specifications of light standards/fixtures and photometries plan shall be submitted to Planning Division and Police Department for approval. Section 7. Enforcement. The penal provisions and permit requirements of the SAMC (effective as of the date of adoption of this SD-78) shall apply to all development within the Bowers Museum Specific Development Plan No. 78. Section 8. Signage. A. All signage shall comply with the Santa Ana Municipal Code unless explicitly identified below. B. A comprehensive sign program for the entire site, including freestanding, wall, directional and permanent temporary signs and graphics shall be submitted and approved by the Planning Division prior to the issuance of any sign permit. C. Permanent Wall Banners will be permitted to announce special exhibits or events along the east elevation. There shall be a maximum of three (3) such banners along Main Street and architecturally integrated with 5 750-19 the building. Such banners shall be a maximum of 10 feet wide by 16 feet high. D. Wall Hung Banner will be permitted to announce special exhibi ts or events along the east elevation. There shall be a maximum of one (1) such banner along Main Street and architecturally integrated with the building. Such banners shall be a maximum of 20 feet wide by 20 feet high. E. Secondary Wall Sign will be permitted along the east elevation. There shall be a maximum of one (1) secondary wall sign along Main Street and archi tecturally integrated with the building. Such sign shall be a maximum of one (1) foot in height by thirty (30) feet in length. Such sign shall be a pin mounted bronze anodized letters with backlit illumination. Section 9. Refuse Collection Area and Loading. An area to handle the delivery and refuse for the development site shall be integrated. At minimum, the refuse collection area shall provide the equivalent of five (5) bins. The loading and unloading of materials and goods shall be an area measuring a minimum twenty (20) feet by forty (40) feet and appropriately screened from view. Section 10. Telephone, Electrical, Water, Gas and Cable. A. All "on-site" utilities shall be placed underground. B. Transformers of terminal equipment shall be visually screened from view from streets and adjacent properties and may be located in concrete vaults below grade. c. 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J~ U I. ~Ifi! ~~H- l~' U~ ~~ I~ ~~~ II !~ ~h sl ~. ~I q !i~i ~~ Ij~H. ~ U il; Ii U, . UnH j..~II~ I::i ~! ~i~'i !' 5~~!" IJi ~~ i~ ". l~ h~", .2 ~~i~~~I~~I~~I~ ~~ ~l~~~ i ~I~ D.i~ ~!~ Conditional Use Permit No. 2005-20 July 25, 2005 Page 1 of 2 Findings of Fact A. Will the proposed contribute to the community? use provide a general well service or being of facility which will the neighborhood or The development of the Bowers Museum, as conditioned, will allow the expansion of a regional museum providing cultural arts and a banquet facility to further promote, enhance and support the museum operation. A banquet facility will allow the museum to host a cross section of social, academic and community groups promoting education and enhancing city image through a unique community asset. B. will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The Bowers Museum banquet facility, as conditioned, is not anticipated to present any detrimental affects to persons residing or working in the area. Parking will be facilitated through a combination of on and off-site parking accommodations. The provision of a signalized intersection adj acent to the new surface parking lots will further enhance the circulation pattern for the area. Any anticipated impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed banquet facility, as conditioned, is not anticipated to create any negative or detrimental impacts on the economic viability of the surrounding area. The allowance of a banquet facility provides the Bowers Museum the ability to host or compliment on-site functions that are anticipated to draw people to the area. The Banquet use should provide a positive addition to the surrounding area, which will supplement and improve the existing Bowers Museum. AA 05-4/CUP 05-20 7!151~~o Conditional Use Permit No. 2005-20 July 25, 2005 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed banquet facility will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code. Moreover, Specific Development No. 78 and the conditions of approval of the use provides conditions to ensure compatibility and restricts the applicant to the submitted floor plan square footage. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed Art Institute will not pose any adverse affects on the General Plan designation of Industrial (IND). The Specific Development plan No. 74 will continue to allow the existing industrial uses in addition to the proposed trade school use. 750-31 JULY 25, 2005 PAGE 1 OF 1 Conditions of Approval Conditional Use Permit No. 2005-20 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 05-18. 2. Off-site parking accommodations to satisfy Specific Development No. 78 shall be accompanied by a fully executed shared parking contract between the Bowers Museum and off-site property owners. Such contract shall be filed with the Planning Division. 3. The parking provided for the project is based on the floor plan configuration approved for the development project (DP No. 05- 18). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. AA 05-41CUP 05-20 EXHIBIT 7 750-32 ORDINANCE NO. NS-2696 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE BOWERS MUSEUM SPECIFIC DEVELOPMENT DISTRICT NO. 78 (SD-78) AND REZONING THE PROPERTY LOCATED AT 2032 NORTH MAIN STREET FROM COMMUNITY COMMERCIAL- MUSEUM DISTRICT (C1-MD) TO SPECIFIC DEVELOPMENT NO. 78 (SD-78) (AA NO. 2005-04) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The Applicant is requesting approval of an amendment application, and a conditional use permit in order to allow the expansion of the existing museum and the allowance of ancillary uses at 2032 North Main Street. B. On July 25, 2005, the Planning Commission held a duly noticed public hearing and voted by a vote of 6: 1 (Gartner absent) to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-45. 2. Adopt an ordinance approving Amendment Application No. 2005-04 and Specific Development Plan No. 78 (SD-78). 3. Adopt a resolution approving Conditional Use Permit No. 2005-20 as conditioned. C. On August 22, 2005, the Planning Commission voted to reconsider the July 25, 2005 action and voted by a vote of 6:1 (Cribb opposed) to amend two conditions. D. On September 6, 2005 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. E. Amendment Application No. 2005-04 has been filed with the City of Santa Ana to adopt the Bowers Museum Specific Development District No. 78 (SD-78) and to rezone the properties located at 2032 North Main Street from Community Commercial-Museum District (C1-MD) to Specific Development No. 78 (SD-78) (AA No. 2005-04) 750-33 F. SD-78 would allow museums and ancillary uses such as galleries, retail gift shop, general offices, conference rooms, library and boardroom, storage and fabrication shop and surface parking areas; eating establishments; theaters; banquet facilities, subject to development and operational standards set forth in SAMC 41-199.1 (with a Conditional Use Permit); uses open between Midnight to 5:00 a.m. (with a Conditional Use Permit); and establishments selling or serving alcoholic beverages (with a Conditional Use Permit). G. Amendment Application No. 2005-04 is consistent with the General Plan, including but not limited to its goals and policies to enhance development sites and districts which are unique community assets that enhance the quality of life. Land Use Element Goal No. 4.0. H. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the Bowers Museum project is consistent with the purpose of the general plan. I. The City Council also adopts as findings all facts presented in the Requests for Council Action dated September 6, 2005 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2005-04 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. J. The Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2005-45, was approved and adopted by resolution which came before the City Council on September 6, 2005. This ordinance incorporates by reference, as though fully set forth herein, this resolution and the Mitigated Negative Declaration and Mitigation Monitoring Program. Section 2. The real property located at 2032 North Main Street is hereby reclassified from Community Commercial-Museum District (C1-MD) to Specific Development No. 78 (SD-78). Amended Sectional District Map number 1-5-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2004-04). Section 3. Bowers Museum Specific Development District No. 78(SD-78) as set forth in Exhibit "B", attached hereto and incorporated as though fully set forth herein, is approved adopted in its entirety. 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, 750-34 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 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2696 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 750-35 36-4-10 00 R1 R151~ 0 R1 R1 R1 ...J 510'-------+-324 0 I- R2 R1 R1 R1 UJ R1 a: In R1 R1 C1 1--135' 145' 'C1 if! C1 + >- ~ r-----l r-I f 1 I SEVENTEENTH Zoning Dist..i<t ADOPTED BY RESOLUTION NO. 5186 BY THE SANTA ANA PLANNING COMMISION PART OF ORDINANCE NO, NS-394 ADOPTED BY THE SANTA ANA CITY COUNCIL, AUGUST 17, 1959. SCALE IN FEET A1 -B C1 C1-MD C2 C3 C3-A C4 C5 CR GENERAL AGRICULTURAL PARKING MODIFICATION COMMUNITY COMMERCIAL COMMUNITY COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS.ARTISTS' VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL COMMERCIAL RESIDENTIAL CSM GC M1 M2 MO o P PCD PO PRO SOUTH MAIN STREET COMMERCIAL DISTRICT GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R1.4000 SMALL LOT SINGLE FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SO SPECIFIC DEVELOPMENT SP SPECIFIC PLAN 1000 60- MINIMUM FRONTAGE -6000 MINIMUM lOT AREA LalestRevisionDate: ~-99_ THIS MAP IS THE OFFICiAl SECTIONAl DISTRICT MAP OF THE CITY OF SANTA ANA. AS AUTHORIZED BY CITY COUNCIL RESOLUTION NO. 74-163, DATED '1-18-74, I HEREBY ATTEST THAT THIS MAP IS A TRUE COPY OF THE ORIGINAl SECTIONAl DISTRICT :;:O~~~J__ PLA~m & BlA.DINGAGENCY Certificate Oa>> SEPTEMBER 10 1982 RES. 1 A.A I ANX, NO M 98-15 ORD.I RES. NO NS-23n ADOPTED DATE 11-9-98 APPPOOVED ~ RES. I A.A. 1 ANX. NO. 5522 5621 5650 5664 5690 5693 5713 5714 5745 5607 5809 5898 6044 ORD, {RES. NO. NS-533 N5-670 NS-694 N5-713 NS-739 NS-742 NS-744 N5-n7 N5-822 NS-885 NS-8B7 NS-999 NS-1193 ADOPTED DATE 104...62 6-15-65 11-18-65 2.3-64 7.20-64 6-3-64 1-18-65 1-18-65 9-20-65 8-7-67 8-7-67 1-19-70 12-17-73 APPPAQVED M799 M816 M891 M1002 M1020 M1029 Ml030 M1051 AA96-4 M96-7 AA98-3 NS-1449 NS-14S9 N5-1714 N5-1969 N5-2008 NS-2036 NS-2027 NS-2137 N5-2298 N5-2299 NS-2362 9-5-78 6-4-78 1-16-84 7.18-88 6-5-89 11.20-89 9-5-89 6-17-91 10-7-96 9-3-96 7-20-98 A f!1t3 f!1t3 ~(~~ ~ ~~ ~ ~~ ~ PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA CALIFORNIA EXHIB7m-36 BOWERS MUSEUM Exhibit "B" Page 1 of 8 750-37 Specific Development Plan No. 78 City of Santa Ana TABLE OF CONTENTS PAGE SECTION 1. APPLICABILITY OF ORDINANCE .............................................1 SECTION 2. PURPOSE ........................................................................ ...1 SECTION 3. OBJECTIVES ................................................................... ..1-2 SECTION 4. USES PERM ITTED ................................................................2 A. Permitted Uses .....................................................................2 B. Conditionally Permitted Uses ....................................................2 C. Uses Not Permitted ................................................................3 SECTION 5. MAXIMUM PERMITTED BUILDING INTENSITY ..........................3 SECTION 6. DEVELOPMENT STANDARDS ............................................. ...3 A. Building Height .......................................................................3 B. Setbacks .... ............................................................. .......... ....3 C. Parking ................................................................ ..... ..... ..... ..4 D. Walls and Screening................................................... ........... ....4 E. Landscaping Standards ........................................ .............. ....4-5 F. Architectural Design Features .....................................................5 SECTION 7. ENFORCEMENT ................................................................. ...5 SECTION 8. SIGNAGE .............................................................. ......... .....5-6 SECTION 9. REFUSE COLLECTION AREA AND LOADING ............................6 SECTION 10. TELEPHONE, ELECTRICAL, WATER, GAS AND CABLE ............6 ATTACHED EXHIBITS Exhibit A - Overall Site Plan Exhibit B - Landscape Plan Exhibit "B" Page 2 of 8 750-38 BOWERS MUSEUM Specific Development Plan No. 78 Section 1. Applicabilitv of Ordinance The specific development zoning district for the Bowers Museum as authorized by Chapter 41, Division 26, Sec. 41-593 etlseq. of the Santa Ana Municipal Code (SAM C), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 78 (SD-78), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. Bowers Museum SD-78 sets the development and design criteria for a development consisting of approximately 3.62 acres. The purpose of this specific development plan is to permit flexibility in the site planning and design to respond to market conditions while assuring high quality development. SD-78 specifically establishes for the property the following: · Permitted uses · Development standards, including building height limits, required setbacks, parking, landscaping provisions and enforcement policies · Operational standards · Maximum authorized development intensity · Signage provisions Section 3. Obiectives The objectives of the Bowers Museum Specific Development Plan No. 78, include provisions of the following: · A long term development that is of the highest architectural quality and design. · A landscaping plan that is complementary to a large scale museum development and sensitive to the surrounding community. · A visually harmonious development as viewed both internally and externally. Exhibit "B" Page 3 of 8 750-39 · A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent and policies of the General Plan. · Concentrated and internally integrated development rather that development that spreads activities into adjacent residential neighborhoods. · A circulation system that is responsive to the needs of both vehicular and pedestrian travel. · Provision of cultural amenities and facilities serving the visual and performing arts which are open for public patronage. · A landmark museum facility with appropriate ancillary uses along north Main Street. Section 4. Uses Permitted The categories of land uses to be included within the project area are galleries, eating establishments, offices, retail, banquet facility and storage and preparation rooms. If a use is for any reason omitted from those specified as permissible or if ambiguity arises concerning the approximate classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Planning Commission whose decision is final. A. Permitted Uses. a. Museums and ancillary uses such as galleries, retail gift shop, general offices, conference rooms, library and boardroom, storage and fabrication shop and surface parking areas. b. Eating establishments. c. Theaters. B. Conditionally Permitted Uses. a. Banquet facilities, subject to development and operational standards setforth in SAMC 41-199.1. b. Uses open between Midnight to 5:00 a.m. c. Establishments selling or serving alcoholic beverages. C . Uses not permitted. a. Schools, private or public. b. Medical office or clinics. c. Commercial uses with vehicular drive-through lanes or windows (Le. drive-through restaurants, pharmacy or similar uses). d. Fast food or exclusively take-out restaurants. e. All other uses not expressly permitted or conditionally permitted in this ordinance. Exhibit "B" Page 4 of 8 750-40 Section 5. Maximum Permitted BuildinQ Intensitv The maximum authorized building intensity for the Bowers Museum is 91.072 square feet for museum and ancillary uses. The maximum floor area ratio allowed is 1.5. Section 6. Development Standards A. Building Height. All future on-site structures will be subject to a height limitation of 35 feet above ground level, which is defined as the vertical distance measured from the curb level to the highest point of the roof surface. An additional 10 percent may be allowed for architectural features such as archway entries and towers, subject to the Executive Director of Planning and Building Agency review and approval. B. Setbacks. a. Main Street i. A minimum twelve feet five inches (12'5") to the first building element or structure. b. Twentieth Street i. A minimum twenty-seven (27) feet to the first building element or structure. c. Surface Parking Areas i. A minimum landscape setback of five (5) feet from edge of sidewalk. d. Interior Property Line Setback i. A minimum five (5) feet of landscaping along any edge adjacent to a residential use. Exhibit "B" Page 5 of 8 750-41 c . Parking The Bowers Museum has successfully utilized a parking management plan that facilitates parking in various off-site locations to supplement parking on-site. As such, the following parking is required: a. On-site surface parking of a minimum of 131 spaces. b. Off-site parking facilities totaling 576 spaces at locations, such as but not limited to, a new surface parking area at the southeast corner of Main Street and the Interstate 5 (1-5) southbound freeway on-ramp and utilization of existing parking areas at the Orange County Teachers Federal Credit Union (insert address) and Rancho Santiago office plaza (insert address). c. Utilization of off-site parking facilities shall be accompanied by a signed contract allowing use of parking at either after hours or for special events exclusively for the Bowers Museum. A copy of such contract(s) shall be kept on file with the Planning and Building Agency. d. A professional parking management company shall be utilized to coordinate and manage the parking. D. Walls and Screening. Any equipment, whether on the roof, side of building, or ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of materials, color, shape, and size. E . Landscaping Standards. All areas not used for buildings, parking or storage shall be landscaped using the following guidelines consistent with the Commercial Landscape Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on-site. A six- inch raised concrete curb shall be required around all landscape planters unless approved by City Landscape Associate. The minimum required landscaping for the project has been reflected by Exhibit A. All required setback areas shall be landscaped except for approved walkways and driveways. Landscaping throughout the project shall be in compliance with the landscape plan attached. Further, the landscape plan shall be fully implemented prior to the issuance of any certificate of occupancy. Exhibit "B" Page 6 of 8 750-42 F. Architectural Design Features. · Exterior Materials: Exterior materials and finishes to comply with approvals granted through the Historic Resources Commission and approved materials board. Trash enclosure and similar ancillary structures are to match the texture, materials and color palette of the proposed building. · Design Features: Shall be designed to be integrated with the existing buildings. Any new additions shall be in keeping with the original in terms of scale, rooflines, materials, and color. · Lighting Standards/fixtures: A minimum of 1 foot candle of light shall be provided throughout the parking area. Specifications of light standards/fixtures and photometries plan shall be submitted to Planning Division and Police Department for approval. Section 7. Enforcement. The penal provisions and permit requirements of the SAMC (effective as of the date of adoption of this SD-78) shall apply to all development within the Bowers Museum Specific Development Plan No. 78. Section 8. Sianaae. A. All signage shall comply with the Santa Ana Municipal Code unless explicitly identified below. B. A comprehensive sign program for the entire site, including freestanding, wall, directional and permanent temporary signs and graphics shall be submitted and approved by the Planning Division prior to the issuance of any sign permit. C. Permanent Wall Banners will be permitted to announce special exhibits or events along the east elevation. There shall be a maximum of three (3) such banners along Main Street and architecturally integrated with the building. Such banners shall be a maximum of 10 feet wide by 16 feet high. D. Wall Hung Banner will be permitted to announce special exhibits or events along the east elevation. There shall be a maximum of one (1) such banner along Main Street and architecturally integrated with the building. Such banners shall be a maximum of 20 feet wide by 20 feet high. E. Secondary Wall Sign will be permitted along the east elevation. There shall be a maximum of one (1) secondary wall sign along Main Street and architecturally integrated with the building. Such sign shall be a maximum of one (1) foot in height by thirty (30) feet in length. Such sign shall be a pin mounted bronze anodized letters with backlit illumination. Exhibit "B" Page 7 of 8 750-43 Section 9. Refuse Collection Area and Loadina. An area to handle the delivery and refuse for the development site shall be integrated. At minimum, the refuse collection area shall provide the equivalent of five (5) bins. The loading and unloading of materials and goods shall be an area measuring a minimum twenty (20) feet by forty (40) feet and appropriately screened from view. Section 10. Telephone, Electrical, Water, Gas and Cable. A. All "on-site" utilities shall be placed underground. B. Transformers of terminal equipment shall be visually screened from view from streets and adjacent properties and may be located in concrete vaults below grade. C. There shall be no exposed downspouts, scupper drains, electrical or mechanical limes on the building. All mechanical equipment shall be screened from view in an architecturally integrated manner. Exhibit "B" Page 8 of 8 750-44 KO - 8/30/05 RESOLUTION NO. 2005-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-20 AS CONDITIONED FOR BANQUET FACILITY FOR THE PROPERTY LOCATED AT 2032 NORTH MAIN 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. Amendment Application No. 2005-04 and Conditional Use Permit No. 2005-20 came before the City Council of the City of Santa Ana for a public hearing September 6, 2005. B. Conditional Use Permit No. 2005-20 has been filed with the City of Santa Ana seeking to allow a banquet facility for the property located at 2032 North Main Street (The Bowers Museum). C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 25, 2005. After conducting the public hearings, the Planning Commission determined that Amendment Application No. 2005- 04 is consistent with the General Plan of the City of Santa Ana, and recommended by a vote of 6:0:1 (Gartner absent) that the City Council approve Amendment Application No. 2003-08 and Specific Development Plan No. 78 and Conditional Use Permit No. 2005-20. D. On August 23, 2005 Planning Commission voted to reconsider the July 25,2005 action. After a discussion regarding the conditions, the Planning Commission voted by a vote of 6:1 (Crib opposed) recommended that the City Council approve Amendment Application No. 2003-08 and Specific Development Plan No. 78 and Conditional Use Permit No. 2005-20. E. 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 the community? The development of the Bowers Museum, as conditioned, will allow the expansion of a regional museum providing cultural arts and a banquet facility to further promote, Resolution No. 2005-081 Page 1 of 4 750-45 enhance and support the museum operation. A banquet facility will allow the museum to host a cross section of social, academic and community groups promoting education and enhancing city image through a unique community asset. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The Bowers Museum banquet facility, as conditioned, will not present any detrimental affects to persons residing or working in the area. Parking will be facilitated through a combination of on and off-site parking accommodations. The provision of a signalized intersection adjacent to the new surface parking lots will further enhance the circulation pattern for the area. Any anticipated impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed banquet facility, as conditioned, will not create any negative or detrimental impacts on the economic viability of the surrounding area. The allowance of a banquet facility provides the Bowers Museum the ability to host or compliment on-site functions that are anticipated to draw people to the area. The Banquet use should provide a positive addition to the surrounding area, which will supplement and improve the existing Bowers Museum. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed banquet facility will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code. Moreover, Specific Development No. 78 and the conditions of approval of the use provides conditions to ensure compatibility and restricts the applicant to the submitted floor plan square footage. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2005-081 Page 2 of 5 750-46 The proposed Conditional Use Permit would be in furtherance of general plan policy number 4.4; to encourage the development of projects which promote the City's image as a regional activity center. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2005-45, prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the 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") S 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code S 711.2 and Title XIV, CCR S 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2005-20 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 4. This Conditional Use Permit is expressly conditioned upon adoption by the City Council of a zoning ordinance amendment rezoning the property located at 2032 North Main Street from Community Commercial-Museum District (C1-MD) to Specific Development No. 78 (SD-78) zoning (AA No. 2005-04). The rights of the applicant under this Conditional Use Permit shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then this Conditional Use Permit is null and void and of no effect. ADOPTED this _ day of September, 2005. Miguel A. Pulido Mayor Resolution No. 2005-081 Page 3 of 4 750-47 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABST AI N: 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. 2005-081 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2005-081 Page 4 of 5 Clerk of the Council City of Santa Ana 750-48 Conditions for Approval for Conditional Use Permit No. 2005-20 Conditional Use Permit No. 2005-20 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 05-18. 2. Off-site parking accommodations to satisfy Specific Development No. 78 shall be accompanied by a fully executed shared parking contract between the Bowers Museum and off-site property owners. Such contract shall be filed with the Planning Division. 3. The parking provided for the project is based on the floor plan configuration approved for the development project (DP No. 05-18). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. 4. The secondary arched entry along Main Street shall be detailed and articulated similar to the Old Orange County Courthouse structure design as submitted in plan dated August 22, 2005. 5. Natural stone shall be utilized surrounding the secondary arched entry along Main Street. Any changes in materials from those submitted on August 22, 2005 or the use of artificial materials shall be reviewed by the Planning Commission as a business calendar item. Exhibit A Resolution No. 2005-081 Page 5 of 5 750-49 bk:8/30/05 RESOLUTION NO. 2005-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIOUS AGREEMENTS AND LAND EXCHANGES BETWEEN THE CITY, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, CHARLES W. BOWERS MUSEUM CORPORATION AND STEADFAST COURTYARDS, L.P. RELATING TO PROPERTIES LOCATED AT 1900 TO 2110 NORTH MAIN STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Charles W. Bowers Museum Corporation has proposed an expansion to the Bowers Museum of Cultural Arts. B. The City Council has, concurrently with the consideration of this resolution, approved this expansion by introducing Amendment Application No. 2003-08 and approving Conditional Use Permit No. 2005-20. C. Pursuant to section 2-710 of the Municipal Code, the City Council may authorize the exchange of real property based on negotiation when recommended to do so by the City Manager. The City Manager has recommended that the City Council exchange the Bowers Museum parking lot, located at 1900 North Main Street, with property owned by Steadfast Communities, L.P. located immediately north of the Bowers expansion bearing Assessors Parcel Numbers 399-102-5, 399-102-06 and 399-102-07 (generally known as 2110 to 2110 North Main Street), pursuant to certain provisions and conditions. D. The City and Community Redevelopment Agency of the City of Santa Ana ("Agency") each own a portion of the current Bowers Museum Parking Lot. The City desires to accept title to that portion owned by the Agency to unify title of the parcel to be exchanged with Steadfast Communities, L.P. E. The City and Charles W. Bowers Museum Corporation are parties to that certain Amended and Restated Operating Agreement. The expansion of the Bowers Museum requires this agreement to be amended. F. Charles W. Bowers Museum Corporation has agreed to construct the Bowers Museum expansion. It is appropriate for the City and Charles W. Resolution No. 2005-082 Page 1 of 3 750-50 Bowers Museum Corporation to enter into an agreement for Charles W. Bowers Museum Corporation to construct the Museum expansion on the City's property. G. The Request for Agency/Council Action dated September 6, 2005 relating to this item is hereby incorporated by this reference. H. The Mitigated Negative Declaration and Monitoring Program for Environmental Review No. 2005-45, which covers these actions has been approved and adopted this day. Section 2. The City Council of the City of Santa Ana hereby directs the City Attorney to prepare and authorizes the City Manager and the Clerk of the Council to execute a Land Exchange Agreement and Escrow Instructions between the City of Santa Ana and Steadfast Courtyards, L.P. The City Manager may approve as to content and the City Attorney as to form, minor modifications to the agreement before its execution to the extent that such modifications are in keeping with the purpose and intent of this approval. Section 3. The City Council of the City of Santa Ana hereby directs the City Attorney to prepare and authorizes the City Manager and the Clerk of the Council to execute an First Amendment to the Amended and Restated Operating Agreement between the Charles W. Bowers Museum Corporation and the City. The City Manager may approve as to content and the City Attorney as to form, minor modifications to the agreement before its execution to the extent that such modifications are in keeping with the purpose and intent of this approval. Section 4. The City Council of the City of Santa Ana hereby directs the City Attorney to prepare and authorizes the City Manager and the Clerk of the Council to execute a Ground Lease between the City of Santa Ana, as Lessor and The Charles W. Bowers Museum Corporation, as Lessee. The City Manager may approve as to content and the City Attorney as to form, minor modifications to the agreement before its execution to the extent that such modifications are in keeping with the purpose and intent of this approval. Section 5. The City Manager is authorized to take all actions necessary to accept title to that portion of the Bowers Museum parking lot, located at 1900 North Main Street, currently owned by the Community Redevelopment Agency of the City of Santa Ana. ADOPTED this _ day of ,2005. Miguel A. Pulido Mayor Resolution No. 2005-082 Page 2 of 3 750-51 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-082 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. 2005-082 Page 3 of 3 750-52