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Home My WebLink About FULL PACKET_2005-12-05 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: APPROVED As Recommended As Amended Ordinance on 1" Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For APPROPRIATION ADJUSTMENT RECOGNIZING PRIOR-YEAR RECEIPTS FOR CENTENNIAL PARK IMPRO~S . / / /;' ~hLkj?a--- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve an appropriation adjustment recognizing $99,046 in the Centennial Park Balance from Prior Year revenue account (account no. 77-01-5010) and appropriate same to the Centennial Park, Contractual Services expenditure account (account no. 77-284-6291). DISCUSSION In FY 2003-04, the City of Santa Ana received funding from the County of Orange for the maintenance and operation of Centennial Regional Park. The recommended action will appropriate FY 2003-04 revenues received from the County of Orange to fund improvement projects in the park in the current budget year. Proposed projects include the installation of 240 feet of sidewalk by the Edinger Avenue entrance on the north side of the park, and various landscape improvements. FISCAL IMPACT This appropriation adjustment will Balance from Prior Year revenue appropriate same to the Centennial account (account no. 77-284-6291). recognize $99,046 in the Centennial Park account (account no. 77-01-5010) and Park, Contractual Services expenditure ~ APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet Executive Dir Parks, Recrea ion and Community Services Agency 1;,\('1.\\\\'.\"'-".. ~~~~ {.,( Francisco Gutierrez Executive Director Finance & Management Svcs. Agency 20A-1 20A-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: /} . U J:} 2.. . ./ I. ''-V'~ . J t {'k~__. CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For PURCHASE OF PLAYGROUND EQUIPMENT UNDER THE HEALTHY KIDS GRANT PROGRAM CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract for the purchase of playground equipment under the Healthy Kids Grant Program to Game Time in the amount of $128,176.51 for various parks. DISCUSSION The Parks, Recreation and Community Services Agency submitted an application, under the Healthy Kids Grant Program for the purchase of play equipment for city playgrounds. On November 10, 2005 the City was notified that we were awarded a grant in the amount of $87,387.35. This grant requires a 45% match for the purchase of playground equipment offer by Game Time. The total value of the play equipment is $215,563.86. This action will purchase six maj or play equipment for four park sites (Windsor, Centennial, Sandpointe and Thornton Parks). Similar to the KaBoom Program, the installation of the play equipment will require additional contract services and/or volunteer effort to install. The purchase of play equipment under this program significantly reduces the cost of the equipment. FISCAL IMPACT Funds for this grant are available in the Parks Acquisition and Development Fund Account (account no. 301-232-6631) in the amount of $128,176.51. APPROVED AS TO FUNDS AND ACCOUNTS: ':(\\(',,,,,-1' .1>-"'.. 1\ ,1Sr, Francisco Gutierrez Executive Director Finance & Mgmt Services Agency Gerardo Mou Executive D'rector Parks, Recreation and Community Services Agency 21A-1 21A-2 REQUEST FOR COUNCIL ACTION ~ ;~~.~.~.~'~~-!i~i\. ~v y CITY COUNCil MEETING DATE: CLERK OF COUNCil USE ONLY: DECEMBER 5, 2005 TITLE: CONTRACT RENEWAL FOR MOBILE CAR WASH SERVICES (SPEC. NO. 02-140) APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For L'k. _./ · a ,'Ce... ,,~ ~,\...(c.. CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Renew the contract detailing services exceed $29,305. wi th City Fleet Services for a one-year period in for mobile car wash and an annual amount not to DISCUSSION The Santa Ana Police Department promotes a professional and positive image to the community by providing car wash and auto detailing service for all police vehicles. In addition to off-site car wash vendors, the Police Department contracts for an on.site mobile car wash service. The contract provides on-site washing and detailing on a rotational and on as needed basis. The on- si te service is designed to provide police officers more time in the field by making vehicles clean and available for field service. On December 2, 2002, the City Council awarded a contract to City Fleet Services for a three-year period, with provision for two 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. 22A-1 c ~_; ,Rid Contract Renewal for Mobile Car Wash Services (Spec. No. 02-140) December 5, 2005 Page 2 FISCAL IMPACT Funds are available in the Police Property & Facilities Equipment Maintenance Garage Operation Other Contractual accounts (account nos. 11-343-6291 and 75-111-6291) . and the Services APPROVED AS TO FUNDS AND ACCOUNTS: ~,-f(W l!J- ' Paul M. Walters Chief of Police '":\\\,,"\C' ~ ,,-r ,.,~, Franci~co G~tierrez fJ Executlve Dlrector Finance & Mgmt. Services Agency PMW/WO/02-140R.7:uc 22A-2 REQUEST FOR COUNCIL ACTION flt1 ;~i;\ ""v ~ CITY COUNCIL MEETING DATE: DECEMBER 5, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACTS RENEWAL FOR POLICE MOTORCYCLE REPAIR AND REPAIR PARTS (SPEC. NO. 02-157) APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For {C~Lha~ CONTINUED TO ~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contracts for police motorcycle repair and repair parts for a one-year period in the following annual amounts not to exceed: Vendor: Location: Amount: Advanced Kawasaki Formerly VIP Motorcycles, Inc. Buena Park $25,000 BMW of Hollywood Hollywood $20,000 Seavco d/b/a Irv Seaver Motorcycles Orange $100,000 DISCUSSION The Fleet Maintenance Division of the Finance and Management Services Agency is responsible for the maintenance and repair of the Police Department's 33 motorcycles. Services can range from normal preventive maintenance of brakes, tires, and steering components to repairs due to accident damage. The motorcycles must be maintained in the highest quality condition to meet federal, state, and local codes. The contracts require that maintenance must be provided by factory trained and certified technicians for liability purposes. 228-1 C,;JB.J Contracts Renewal for Police Motorcycle Repair and Repair Parts (Spec. No. 02-157) December 5, 2005 Page 2 On January 21, 2003, the City Council awarded repair contracts to BMW of Hollywood, Seavco d/b/a Irv Seaver Motorcycles, and Advanced Kawasaki, formerly VIP Motorcycles, Inc. for a two-year period, with provisions 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. However, BMW Police motorcycles now constitute 64% of the fleet, thereby increasing requirements from BMW service providers. Staff recommends the final renewal of the contracts. The annual amount is based upon past usage and staff's projection for the next contract period. FISCAL IMPACT Funds are Maintenance 111-6281) . available & Repair in the Equipment Maintenance of Machinery & Equipment account Garage Operation (account no. 75- ':\- \\C'<.." -,s ; "i' 1) Francisco Gutierrez Executive Director Finance and Management ~~'::~, fJ Services Agency FG/KM/02-157R.2:uc 228-2 REQUEST FOR COUNCIL ACTION ~ ~f(\\l""tl()ll I;'i? '"l~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: CONTRACT RENEWAL FOR PREPAID GASOLINE CARDS (SPEC. NO. 04-141) APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For 'id j c. ~L. -~};;2~- CONTINUED TO -.... FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contract with SVM, LP for the purchase of prepaid gasoline cards for a one-year period in the annual amount not to exceed $75,000. DISCUSSION The Community Development Agency's Santa Ana W/O/R/K Center manages several programs including Workforce Investment Act (WIA) , Federal Empowerment Zone (FEZ) and Special Projects. Participant clients are offered supportive services such as gasoline vouchers to find and retain employment. A prepaid gasoline-only card program enables clients to purchase competitively priced gasoline at their local neighborhood gas stations, as opposed to a single station designated by the W/O/R/K Center. The prepaid card program streamlines the current voucher system by eliminating the time required to process the vendor invoices. On December 20, 2004, the City Council awarded a contract to SVM, LP for a one-year period, with provision for two one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract with a 70% reduction in the administrative costs. The increased annual amount reflects changes in fuel prices rather than an increase in usage. Staff recommends authorizing the first renewal of the contract. 22C-1 C.SJdJ Contract Renewal for Prepaid Gasoline Cards (Spec. No. 04-141) December 5, 2005 Page 2 FISCAL IMPACT Funds are available in the various Community Development Grant Programs Client Support Services accounts (object code 6938). APPROVED AS TO FUNDS AND ACCOUNTS: patricia C. Whitaker Executive Director Community Development Agency ~\\~~(' \ o;;:,u- , ... Francisco Gutierrez Executive Director Finance & Mgmt. Service ~J\^ (J Agency PCW/KM/04-141R.l:uc 22C-2 REQUEST FOR COUNCIL ACTION .~ (\,'Oll""tIOI] ,'-, -~ CITY COUNCIL MEETING DATE: DECEMBER 5, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACTS AWARD FOR SERVICE AWARDS AND PROMOTIONAL ITEMS (SPEC. NO. 05-122) APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For /} /: U~~/<I) 1/2 CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award contracts for service awards and promotional items for a two-year period in the following not-to-exceed annual amounts: Vendor: Location: Amount: Corporate Motivators Image Printing Solutions JH Recognition Co. McVicker & Associates Vail Dunlap & Associates Costa Mesa, CA Irvine, CA Portland, OR Laguna Hills, CA Santa Ana, CA $15,000 $15,000 $15,000 $25,000 $10,000 DISCUSSION The City establishes an annual list of vendors providing services that are required by agencies on a consistent basis. The agencies purchase awards and promotional items for a wide variety of functions. The items include, but are not limited to, custom folders and portfolios for seminars, T-shirts, tote bags, pens and pencils for employee award programs, memo paper cubes, letter openers, lapel pins and mugs for agency recognition programs. The Personnel Services Agency orders semi-annual employee service award items such as clocks, pen sets, watches, binoculars and service pins. The Police Department orders plastic bags, license plate frames and bumper stickers for safety campaigns such as the Orange County DUI Task Force. Parks, Recreation and Community Services Agency orders water bottles, imprinted pens and lunch bags for the Volunteer Programs. 220-1 C~ :l8C! Contracts Award for Service Awards and Promotional Items (Spec. No. 05-122) December 5, 2005 Page 2 The recommended vendors have consistently been the lowest responsive bidders based on pricing, quality of goods and delivery schedule. orders are assigned on a per-job basis after competitive bidding. such, staff recommends Council approval for service awards promotional item contracts to provide uninterrupted service to the agencies. FISCAL IMPACT All As and City Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391) '\. \\\:\fu" ~ M " ~. ~:.~ - Francisco Gutierrez fJ Executive Director Finance and Management Services Agency FG/KM/05-122.2:uc 220-2 REQUEST FOR COUNCIL ACTION ~~ \fl\U,",,110Il J,,:i) ~.~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: CONTRACT AMENDMENT FOR INSTALLATION OF ELECTRICAL WIRING (SPEC. NO. 05-124) APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For /h ;' / /7 / I /<:" Ll/-t'_c .'/7(/ c/..~- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Amend the contract with UPSCO Powersafe Systems, Inc. to increase the aggregate limit by $20,000 for the installation of electrical wiring in an annual amount not to exceed $30,000. DISCUSSION In order to consolidate and protect the computer servers operating information services and dispatch systems and to facilitate routine maintenance, the Fire Department relocated its servers to Station 5. To ensure the equipment is operational at all times, an uninterrupted power supply (UPS) system is required. The contract will provide for an enhancement of the existing uninterrupted power supply and installation of wiring to meet the increased power requirements. Because Powersafe Systems, Inc. installed the existing uninterrupted power supply and is familiar with the critical aspects of the system, Fire Department staff recommends approval to ensure the integrity of the system is maintained. The cost of the purchase, when combined with previous purchases by the Fire Department during the current fiscal year exceeds the $10,000 aggregate limit and requires City Council approval. 22E-1 l;SJA3 Contract Amendment for Installation of Electrical Wiring (SPEC. NO. 05-124) December 5, 2005 Page 2 FISCAL IMPACT Funds are available in the Fire Maintenance Machinery & Equipment account (account no. 11-327-6641). + " ! Phillip Garcia Fire Chief PG/BP/05-124A.3:uc 22E-2 APPROVED AS TO FUNDS AND ACCOUNTS: ~(\\i:)~~~C\t...' ,~A.'-, , Francisco Gutierrez rJ Executive Director Finance & Mgmt. Services Agency REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: APPROVED CONTRACT AWARD FOR CIVIC CENTER LAW LIBRARY FOUNTAIN RENOVATION (PROJECT NOS. 9087/05-9094) I i o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading D Implementing Resoiution o Set Pubiic Hearing For / -4 /'. /) 2/~ l~~/. .~<.J /, /<c' "- CITY MANAGER CONTINUED TO FILE NUMBER JI RECOMMENDED ACTION 1. Award a contract to Condor, Inc., the lowest responsible bidder, in accordance with the estimated amount of $238,000 for renovation of the Civic Center Law Library Fountain. 2. Approve a Funding Analysis with a total estimated construction cost of $297,500. DISCUSSION In 1970, the Civic Center Law Library Fountain was constructed in the Plaza of the Fountains adjacent to the Orange County Law Library (Exhibit 1) . This project provides for the renovation of the fountain including the restoration of the interior finish, the installation of a new water spray pattern and new pump equipment. Once completed, these improvements will enhance the visual appearance of the Civic Center. The Notice Inviting Bids was advertised on September 14 and 16, 2005, and bids were opened on October 11, 2005. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 13 Contractors requesting bidding documents: 6 Bids received: 2 Bids received from Santa Ana Contractors: 1 23A-1 Civic Center Law Library Fountain Renovation Project Nos. 9087/05-9094 December 5, 2005 Page 2 NAME OF BIDDER CITY BID AMOUNT $238,000 $388,995 1. Condor, Inc. 2. Hondo Company, Inc. Altadena Santa Ana A total of two bids were received and both were responsive. bid was submitted by Condor, Inc. for $238,000, which is Engineer's estimate of $560,000. The lowest below the ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed proj ect is exempt from further review. Categorical Exemption ER No. 2003-183 will be filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $297,500 for the project (Exhibit 2). Funds are available in the civic Center Capital Projects activity (account no. 74-243-6631). APPROVED AS TO FUNDS AND ACCOUNTS: ~e -? ':t:::' ?~'-z1. - ---;y ,f" </ James G. Ross ~ Executive Director Public Work" Age~ 4:a~1rf Executive Director Parks, Recreation & Community Services Agency ~~~...'\ ';:,1"-. )~. \-. Francisco Gutierrez -- Executive Director Finance & Mgmt. Services Agency K:\Construction\RFCA\9087/05-9094 2005-12-05 45 WD 23A-2 ~ -.JI I I ~ L KTB CIVIC CENTER DR. 0 G . . .... .... I/) I/) >- <( . 0 <( G D 0 LAW LIBRARY a: CD BLVD. a: U / I[ "" CITY . 0 FIFTH ST. ...J "- DD ~I I[ SANTA ANA FOURTH S T. II II PROJECT LOCATION EXHIBIT 1 SANT A ANA 'PWA ' ~~, , , DECa.4BER 5, 2005 P\".It_S~T TItle' CIVIC CENTER LAW LIBRARY FOUNTAIN RENOVATION (PROJECT 9087/05-9094) 23A-3 FUNDING ANALYSIS PROJECT NOS. 9087/05-9094 CIVIC CENTER LAW LIBRARY FOUNTAIN RENOVATION Construction Contract Contract Administration Inspection and Testing Contingencies $238,000 10,500 25,200 23,800 TOTAL ESTIMATED CONSTRUCTION COSTS $297,500 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For AMENDED AGREEMENT WITH WASTE MANAGEMENT INC. FOR REFUSE COLLECTION AND RECYCING / )( /-- . ,/ , .. /'2/ ZL. .. / (~hzl/(/r(p-~ CITY MA AGER 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 amended agreement with Waste Management Inc. for collection and recycling of the City's solid waste. DISCUSSION In 1996 the City entered into an exclusive agreement with Waste Management Inc. to collect and recycle the City's residential, commercial and industrial waste. wi th that agreement the City implemented the three-cart curbside program, the wet/dry commercial program and the sorted industrial waste programs that are currently in place. That agreement has been amended to provide alley and parkway clean-up. The proposed amended agreement will incorporate the additional services to the City into one agreement and extend the term of through the year 2018. In exchange, the City will receive fiscal year 05-06 and $500,000 in each of the remaining agreement. These payments will not affect customer rates. the agreement $1,000,000 in years of the Customer rates will continue to be competitive. In 2004 Santa Ana's curbside rates were mid range and commercial rates were in the lower one- third of the rates in the County. Currently, these rates may be increased each year by 7.5%. With the proposed amended agreement the rates can only be increased each year by 5 percent. Under the proposed amended agreement Waste Management will continue to utilize the trucks purchased by the City in 1996 and will begin replacing them in 2006 with low emission vehicles. In addition, collection of televisions, computers and monitors will be included with the City's large item pickup service for curbside customers. 25A-1 Amended Agreement With Waste Management Inc. December 5, 2005 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The City will receive $1,000,000 in fiscal year 05-06 and $500,000 each year thereafter through the term of the agreement. The funds will be deposited into the refuse collection fund (account no. 69-01-5112). APPROVED AS TO FUNDS AND ACCOUNTS: \ (" \ l' I.. " !-~L ~(~ 7JAJames G. Ross "", Executive Director Public Works Agency Clwf~~-~ l~ranclsco Gutierrez U Executive Director Finance & Mgmt. Services Agency 25A-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o implemenUng Resolution o Set Public Hearing For AGREEMENT FOR CITYWIDE SPEED LIMIT STUDY (PROJECT 06-1017) / \ .. ",) / Z 1 () t<.t::/ ". ~:,-- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Albert Grover & Associates in an amount not to exceed $38,335 to conduct an engineering and traffic survey for speed limit updates. DISCUSSION An engineering and traffic survey is required every five years in order for the City's posted speed limits to comply with the California Vehicle Code requirements for enforcing speed limits. Since the prior study was conducted in 2001, it is time for the City. to update its study. Requests for proposals were sent to 10 qualified consultant firms. Six firms submitted proposals. The proposals were evaluated by a three- member committee comprised of Public Works Agency staff. The proposals were rated on the basis of qualifications, experience with similar proj ects, work plans, and overall proposals. The scores are shown below. Following the evaluation procedure, sealed fee proposals submitted by the three top firms were opened. The scores and costs for each are as follows: AVERAGE FIRM SCORE COSTS 1. Albert Grover & Associates 91 $ 31,950 2 . Wil1dan 83 $105,000 3. RBF 80 $ 83,315 258-1 Agreement for Citywide Speed Limit Study December 5, 2005 Page 2 Staff recommends the selection of Albert Grover & Associates, the number one ranked firm, to provide the requested consulting services. Their proposal demonstrates that the firm has adequate experience with similar projects, a good understanding of the project objectives, and a strong project team. Albert Grover & Associates' proposed costs are significantly lower than the number two and three ranked consultants. In addition Albert Grover & Associates successfully completed the City's prior study for a similar dollar amount and they are very familiar with the City's needs on this project. The consultant's cost for the study of 200 zones is $31,950. The City anticipates requesting the study of 20 additional zones, each of which would be specifically authorized by the City's Traffic Engineer on an as-needed basis. The anticipated additional cost of the study is estimated at $2,900. Therefore, the contract is estimated at a cost of $34,850 plus a ten percent contingency for a contract amount not-to- exceed of $38,335. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this contract are available in the Select Street Construction Fund (account no. 59-551-6631, project no. 06-1017). APPROVED AS TO FUND AND ACCOUNTS: 11 I ceJy.:: 1"'James G. Ross Executive Director Public Works Agency w~~-~ ~ ~~Francisco Gutierrez o Executive Director Finance & Management Services Agency F:\RFCA'S\RFCA-Final\12-05-05 RFCA Citywide Speed Limit Study Proj. No. 06-1017.doc 258-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For AGREEMENT WITH ENVIRONMENTAL ENGINEERING & CONTRACTING, INC. FOR SEWER SYSTEM FATS, OILS AND GREASE CONTROL PR9GRAM MANAGEMENT J // . ~ /K l/~, ./</ ).J(,---.----. CITY MANAGER CONTINUED TO FILE NUMBER / ,,/ RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a one year agreement with the option to extend for a second one year term at the same contract amount with Environmental Engineering and Contracting, Inc. for management of the City's sewer system fats, oils, and grease control program for an annual not to exceed amount of $182,000. DISCUSSION In October 2004, the City adopted an ordinance amending Chapter 39 of the Santa Ana Municipal Code to control the discharge of fats, oils and grease (FOG) from food service establishments to the City's sewer collection system. In January 2005, the City's Public Works Agency began implementation of a comprehensive FOG control program. The new FOG control program includes regular inspections of all food service establishments to insure compliance with the ordinance. The FOG ordinance and program are required by the California Regional Water Quality Control Board. The City entered an agreement with Environmental Engineering and Contracting, Inc. (EEC) in August, 2003 to perform a FOG study of the sewer collection system and assist with development of the FOG ordinance and control program. EEC completed these tasks and has been assisting with implementation of the FOG control program. EEC has inspected all of the food service establishments at least once and has created a database for continued inspection program tracking. 25C-1 Agreement with Environmental Engineering and Contracting Inc. December 5, 2005 Page 2 EEC, Inc. has provided excellent service to the City in creating and implementing the FOG control program. They have extensive experience both as a firm and at the staff level in developing and operating similar programs throughout Orange County. Their fees are reasonable and all of the services are provided on an as-needed basis. This will enable the City to save money as more of the work load is performed by City staff. It is recommended that EEC, Inc. be retained to provide FOG control program management services for a one-year period with the option to extend for a second one-year period for a not-to-exceed amount of $182,000 per year. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Sanitary Sewer Service Fund (account no. 56- 575-6291) ~(~AJ1f2 James G. Ross Executive Director Public Works Agency , / ,-_/ JGR/rb/RFCA08!04/03Agree. EECforFogStudy APPROVED AS TO FUNDS AND ACCOUNTS: _~JA-~~- f(~ ~rancisco Gutierrez "if- Executive Director Finance & Mgmt. Services Agency 25C-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 APPROVED TITLE: AGREEMENT AMENDMENT FOR UASI COUNTYWIDE STRATEGIC PLAN FOR TERRORISM PREPAREDNESS D As Recommended D As Amended D Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For (' h2/7 i ./i/- // "L ~~. c .;):; ",-,_,2 ,- CITY 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 amend the agreement with URS Corporation, to provide a workshop exercise for the Santa Ana Police and Fire Departments in an additional amount of $40,000, for a total aggregate amount not to exceed $435,100, DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to, and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the federal Office of Domestic Preparedness. The Department of Homeland Security (DHS), through the Office of Domestic Preparedness (ODP), designated the cities of Santa Ana and Anaheim as Urban Areas (UAs) under the FY 2004 Urban Area Security Initiative (UASI). The Santa Ana and Anaheim Urban Areas (UAs) are working with the Orange Operational Area and are pooling resources to develop a countywide strategic plan. On March 7, 2005, the City Council approved an agreement with the URS Corporation to provide a countywide Strategic Plan for Terrorism Preparedness. This plan accurately assesses vulnerabilities and gaps and helps develop effective strategies to fill those gaps on a countywide basis by using existing and future grant funds. 250-1 Agreement Amendment for Countywide Strategic Plan for Terrorism Preparedness December 5, 2005 Page 2 Under the terms of this amendment, URS Corporation will design, develop, and execute a Weapons of Mass Destruction workshop exercise in accordance wi th the Office of Domestic Preparedness Homeland Security Exercise and Evaluation Program for both the Santa Ana Police and Fire Departments. FISCAL IMPACT Funds are available in the FY 2004 UASI Grant Other Contractual Services Account (account no. 125-331-6291-33109). APPROVED AS TO FUNDS AND ACCOUNTS: l~ ,~~. k- paul'M. Walters Chief of Police Police Department 1: ~"'''' ~C' . '> ~. ~ n ~ ~, Francisco Gutierrez Executive Director Finance & Mgmt, Services Agency 250-2 REQUEST FOR COUNCIL ACTION ~ ~ CLERK OF COUNCIL USE ONLY: CITY COUNCIL MEETING DATE: DECEMBER 5, 2005 TITLE APPROVED o As Recommended o As Amended D Ordinance on 1st Reading D Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AMENDMENT TO MASTER FUNDING AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY ! ( / CONTINUED TO /, v'\:.( CL / CITY MANAGER l/ RECOMMENDED ACTION FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute Amendment No. 11 to the Master Funding Agreement with the Orange County Transportation Authority for projects in the Combined Transportation Funding Program and the Bicycle and pedestrian Facilities Program. DISCUSSION On June 5, 1995, the City Council approved a Master Funding Agreement (MFA) with the Orange County Transportation Authority (OCTA). The primary purpose of this agreement was to streamline the funding allocation process for projects funded through the Combined Transportation Funding Program and the Bicycle and pedestrian Facilities Program. The MFA also specifies the roles and responsibilities of the City and OCTA. Amendment No. 11 is required to incorporate minor adjustments made to projects during the semi-annual review conducted in March 2005. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. ames Ross Executive Director Public Works Agency 12-5-05 RFCA MFA Amendment No. 11 (DWB) 25E-1 25E-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For AGREEMENT FOR PAYROLL CONSULTING SERVICES CONTINUED TO / / /} ;; I~'t'<-I' / /r/L(,r.. - CITY MANAGER 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 Dawna Whaley for payroll consulting services in a total amount not to exceed $120,000. DISCUSSION The City currently maintains contracts for its payroll and tax software that include user licenses, upgrade maintenance, training, and program consulting. Highline Corporation, Oracle Corporation, Vertex, Inc., and Dawna Whaley provide the services needed to support the payroll system. These services are vital in ensuring that payroll is processed in an accurate and timely manner. Ms. Whaley is the primary provider of program consulting services related to troubleshooting, testing for software upgrades, and implementation of payroll program changes resulting from labor negotiations. She continues to be the only program specialist for the Highline payroll software located in Southern California. Currently, Ms. Whaley is testing an upgraded version of the Highline payroll software for a conversion scheduled for Spring 2006. In addition, she will continue to provide training to City staff and provide liaison services with Highline Corporation and Vertex regarding any program development issues. FISCAL IMPACT Funds are available in the Information Services Strategic Plan (account no. 109-200 - 62 91) . i:-~~"'",,{',, ~ .~~, --' Francisco Gutierrez Executive Director Finance & Management Services Agency 25F-1 25F-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 APPROVED TITLE AGREEMENT AMENDMENT FOR CONSULTING SERVICES o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For 1(,,;,//712- CITY 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 amend the agreement with CitCom, Inc. to provide consulting services, extending the term of the agreement by an additional six months and increasing the compensation by $175,000, for a total aggregate amount not to exceed $275,000. DISCUSSION The Police Department is currently implementing technology initiatives to upgrade the Computer-Aided-Dispatch, the Jail Management, and Mobile Booking systems as well as wireless reporting for patrol officers. These initiatives are funded through three grant awards from the Department of Justice, Office of Community Oriented Policing Services (COPS). In order to assist in meeting grant and operational goals, consulting services are required. The Fire Department is currently implementing numerous technology initiatives, which require consulting services. Projects include the mobile data computing, personnel accountability system, and a new Computer- Aided-Dispatch system. In addition, CitCom will provide consulting services to evaluate alternative wireless infrastructures and deployment within the City. 25G-1 Agreement Amendment for Consulting Services December 5, 2005 Page 2 FISCAL IMPACT Funds are available in the Police Department Information Systems, Other Contractual Services Account (account no. 011-338-6291) in the amount of $50,000, in the Fire Department's Fire Alarm and Communications, Other Contractual Services Account (account no. 011-322-6291) in the amount of $100,000, in the City Manager's Office General Non-Departmental, Other Contractual Services Account (account no. 011-012-6291) in the amount of $25,000. APPROVED AS TO FUNDS AND ACCOUNTS: " . "{~ k l,,-h-- Paul M.'Walters Chief of Police Police Departm =\'\r\~.:\"''''':::' \~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~ Garcia C ief epartment 25G-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: AGREEMENTS FOR TECHNICAL TEMPORARY PERSONNEL SERVICES AND CONSULTING APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o tmplementing Resolution o Set Public Hearing For /-'\ L(/~L;/7 (;2(;. CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to renew the agreements for temporary personnel services and consulting in a total amount not to exceed $2,850,000 with the following vendors: APR Consulting, Inc. Nakoma Group (formerly Data Design Corporation) International Management Systems Corporation SoftMaster, Inc. Telfords DISCUSSION The use of temporary contractors specialized in information technology continues to be an essential approach to the support of City operations. Contract personnel provide software application development and support; business application and project consulting; telecommunications services; and computer and networking services. The use of these services maximizes the effectiveness of staff resources in the Information Services Division (ISD). This approach ensures timely completion of City information projects and reduces interruptions to the computer infrastructure system. A Request for Proposal (RFP) for Temporary Technical Contract Service and Consulting Services was issued by ISD in November 2001. Some 62 proposals were evaluated and the top five vendors were identified. On December 17, 2001 Council approved agreements with these five vendors for a one-year period, with the option of four renewal terms. During the past four terms, the vendors have provided excellent service and support to the City. In addition, the proposed renewals include some technical support that will be provided to and funded by the Urban Area Security Initiative 2005. 25H-1 Technical Temporary Personnel Services and Consulting November 5, 2005 Page 2 FISCAL IMPACT Funds are available in various Technology Plan, Other Services accounts (accounts 109-200-6291, 109-300-6291, 109-600-6291, & 109-700-6291) . APPROVED AS TO FUNDS AND ACCOUNTS: ':\\\N{\~\\O."., \'0\~o Francisco Gutierrez Executive Director Finance & Management Services Agency 25H-2 Contractual 109-400-6291, REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resoiution o Set Public Hearing For FREEWAY AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE ROUTE 55 /' .. ; ( / , ;/-ZZL.-r- ,/~/ / /2 ! " . . \...IC tVL'-' CITY ANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a Freeway Agreement with the California Department of Transportation for State Route 55. DISCUSSION The California Department of Transportation has requested that the City execute a revised Freeway Agreement for the portion of State Route 55 from just south of MacArthur Boulevard to Seventeenth Street within Santa Ana (Exhibit 1). This agreement will supersede all previous agreements and will provide for the future high occupancy vehicle (HOV) connection to State Route 55 from the Alton Overcrossing. In addition, the Freeway Agreement specifies that all future changes affecting City streets will be made at Caltrans' expense according to plans approved by both parties. The agreement also states that the City will accept control and maintenance over each of the modified street sections within our jurisdiction after construction is completed. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. James G. Executive Director Public Works Agency 12-5-05 RFCA SR 55 Freeway Agreement With Caltrans (DWB) 251-1 lilla, ',.;,.,n,... 1~~;;~5~!~~~.. 'j ,I, ";l:"; .'. ~-! i ~...._~!.'!'l~~ .i, [~ ,-? :;.,~~,..; :' ~~"'''''~7w ...,. ...,..W~'[,,~~ Jl~l_~~~.......!~_!""'':'''"N. m.?~~L~~ . ~ i; If-'v'~ ~.. - I STATE ROUTE 55 ALTON A VENUE HOV INTERCHANGE SANTA ANA City Council ~ Agenda Date WA DECEMBER 5, 2005 Title: FREEWAY AGREEMENT WITH CALTRANS FOR STATE ROUTE 55 Public Worb A(Jency 251-2 ~ ~ REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For LEASE AGREEMENT WITH OMNIPOINT COMMUNICATIONS INC. FOR CELLULAR ANTENNAS AT JEROME AND MADISON PARKS ~ I Ii] i~;"'-- ./;' ~rz(.-- CIT'Y MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute two lease agreements with Omnipoint Communications Inc (T-Mobile) for the installation of cellular monopalms and related equipment at Jerome and Madison Parks, for a total aggregate amount of $28,800 per agreement. 2. Approve an appropriation adjustment recognizing $57,600 in the Capital Outlay, Miscellaneous Recoveries revenue account (account no. 51-01- 5799) and appropriate same to the Capital Outlay, Improvements Other than Buildings expenditure account (account no. 51-250-6631) 3. Receive and file Categorical Exemption for Environmental Review Nos. 2005-196 (Jerome Park) and 2005-197 (Madison Park) . BOARD OF RECREATION AND PARKS At their meeting of September 28, 2005, the Board recommended approval of the lease agreement with Omnipoint Communications Inc. (T-Mobile) for the installation of cellular service at Jerome and Madison Parks, by a unanimous vote of 7:0:0. DISCUSSION Omnipoint Communications Inc (T-Mobile) is proposing the installation of stealth monopalms at Jerome and Madison Parks to improve the communication reception in the area. The Board of Recreation and Parks approved a stealth flagpole antenna and various park improvements on September 28, 2005. On October 27, 2005, the Development Review Committee reviewed the flagpole antenna proposal and, due to the height limitations for flagpoles, recommended the proposed cellular flagpoles be changed to monopalms. The 25J-1 Lease Agreement with Omnipoint Communications Inc. for Cellular Antennas at Jerome and Madison Parks December 5, 2005 Page 2 proposed change from flagpole antennas to monopalms was presented and approved by the Board of Recreation and Parks on November 16, 2005. T-Mobile will install one 65-foot high stealth monopalm at each location to accommodate the new service and a second monopalm along with an equipment space to accommodate collocation for a future carrier. Improvements to be provided by T-Mobile include permanent concrete bleachers for one ball diamond at Jerome Park. At Madison Park, staff has negotiated an additional storage room for the little league and a concession room for community use. T-Mobile agreed to pay the City $28,800 per year at each site, with an annual increase of three percent each year, to be used specifically for deferred maintenance improvements at Jerome and Madison Parks. The T-Mobile lease agreements are for a period of 10 years, with three five-year options for extension. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempted from further review. Categorical Exemption Environmental Review No. 2005-196 (Jerome Park) and 2005-197 (Madison Park) will be filed for this project. FISCAL IMPACT The appropriation adjustment will recognize $57,600 in the Capital Outlay, Miscellaneous Recoveries revenue account (account no. 51-01-5799) and appropriate same to the Capital Outlay, Improvements Other than Buildings expenditure account (account no. 51-250-6631). ~::-:: 1~ APPROVED AS TO FUNDS AND ACCOUNTS: Executive Director Parks, Recreation and Community Services Agency ~~\'Il.I'" \\.~.-, Francisco Gutierrez Executive Director Finance & Mgmt Services 111' Agency 25J-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: EASEMENT DEED TO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AT 1815 E. CHESTNUT AVENUE APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For " / /~A:;!2F'. CITY MANAGER CONTINUED TO FILE NUMBER I RECOMMENDED ACTION 1. Authorize the City Manager and the Clerk of the Council to execute an agreement for ingress/egress easement at 1815 E. Chestnut with the State of California Department of Transportation for $61,000. 2. Approve an appropriation adjustment accepting State of California funds in the amount of $61,000 into the Capital Outlay Zoo Easement fund (account no. 51-01-5799-6) and appropriating funds to the Zoo Improvement fund (account no. 51-250-6631) for ingress/egress easement at 1815 E. Chestnut with the State of California Department of Transportation. DISCUSSION The State of California Department of Transportation (Caltrans) needs to construct an overhead sign structure, adjacent to the southbound Route 5 Interchange and Route 55, near the Santa Ana Zoo (exhibit 1). In order to construct and maintain their sign, Caltrans has requested an ingress/egress easement through a portion of the Santa Ana Zoo, specifically identified as 1815 E Chestnut Avenue. This easement consists of a temporary construction easement for construction and access to maintain the sign. The Zoo currently uses this property for overflow parking, and does not foresee a conflict between granting this easement request, and existing or future use. Construction of the sign is scheduled to begin in June 2006. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed request is not considered a project. No further action is required. 30A-1 Easement at 1815 E. Chestnut Avenue December 5, 2005 Page 2 FISCAL IMPACT Funds in the amount of $61,000 will be recognized in the Capital Outlay fund (account no. 51-01-5799-6) and appropriated to the Zoo Improvement fund (account no. 51-250-6631. APPROVED AS TO FUNDS AND ACCOUNTS: c' .~ ~Z~c;;?~s //t~,// Executive Director Public Works Agency /~a~;;f ::k::r Executive Director Parks, Recreation and Community Services Agency '::t\\.,,~,,: W' " ,,:.....\:-.. Francisco Gutierrez Executive Director Finance & Mgmt. Services (l r-l' Agency..// 30A-2 REQUEST FOR COUNCIL ACTION ~~~ ~.~~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE FILED BY STARBRIDGE COMMUNICATIONS FOR CONDITIONAL USE PERMIT NO. 2005-24 TO CONSTRUCT A 60-FOOT HIGH CELLULAR ANTENNA AT 1316X EAST WARNER AVENUE - STARBRIDGE COMMUNICATIONS, APPLICANT APPROVED D As Recommended o As Amended D Ordinance on 1st Reading D Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For t/>c .1/; J 2'L ,---- CITY MANAGER CONTINUED TO A FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2005-24 as conditioned. PLANNING COMMISSION ACTION On November 14, 2005, the Planning Commission approved Conditional Use Permit No. 2005-24 as conditioned by a vote of 7:0 to construct a 60-foot tall cellular antenna in the Light Industrial (Ml) zoning district at 1316~ East Warner Avenue. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~/ Jay . Trevino Exe tive Director Planning & Building Agency ME:rb me\reports\cupOS-24.CC 31A-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2005 TITLE: PUBLIC HEARING - FILED BY STARBRIDGE COMMUNICATIONS FOR CONDITIONAL USE PERMIT NO. 2005-24 TO CONSTRUCT A 60-FOOT HIGH CELLULAR ANTENNA AT 1316~ EAST WARNER AVENUE APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Marvin Ellenbecker ~ lYxecutive Director 1~~p~F RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2005-24 as conditioned. DISCUSSION Request of Applicant Starbridge Communications, representing Sprint PCS, approval of a conditional use permit to construct cellular antenna at 1315% East Warner Avenue. is requesting a 60-foot tall Property Description The property is located within the Light Industrial (M-l) zoning district and has a General Plan land use designation of Industrial (IND) (Exhibit 1). The property is bounded by industrial uses to the north, south, east and west (Exhibit 2). The subj ect property, known as the Johanna Substation, is approximately 16.7 acres in size, rectangular in shape and improved with a utility substation, utility transmission lines, and recreational vehicle storage. Project Description Sprint PCS currently leases 576 square feet near the entrance to the Southern California Edison Johanna Substation property for an existing 35- foot wireless facility and equipment cabinets. The current facility is not camouflaged and has an array of three antennas at the top. No changes are proposed for the existing equipment cabinets and landscaping (Exhibit 3). Sprint is proposing to remove the 35-foot wireless facility and replace it with a 50-foot high wireless facility monopole. EXHIBIT A 31A-2 Conditional Use Permit No. 2005-24 November 14, 2005 Page 2 The proposed facility would have flush mounted antennas and is being proposed because the high voltage power lines at the Southern California Edison Johanna Substation preclude the use of any other type of camouflaged equipment (Exhibit 4). Analysis of the Issues In July 1998, the Planning Commission and City Council adopted an ordinance that regulates Wireless Communication facilities throughout the City. Major wireless facilities are required to have a stealth design and be located on a building or in an area that provides the greatest amount of visual screening. These antennas also require the approval of a conditional use permit. The proposed wireless facility is located more than 500 feet from Warner Avenue and is also screened from Warner and Grand Avenues by an industrial building. In addition, the wireless facility is screened from Grand Avenue by an existing landscaped berm in front of the Johanna Substation. The proposed monopole is designed to allow for future collocation by another provider. The applicant has explored alternatives to the monopole structure, such as locating the cellular antenna on the roof of an existing building in the area. Structures in the area, however, are not tall enough to meet the coverage needs of Sprint PCS. A 60-foot tall facility is needed in order to improve cellular coverage and increase call capacity and quality. The proposed antenna will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS by closing service gaps in the area and providing additional calling capacity. Equipment for the monopole will be located in existing cabinets within the leased area. All wiring and conduit will be underground or hidden in the interior of the monopole. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to the southeast section of the City. Based upon the above Planning Commission conditioned. analysis and findings, staff recommends that approve Conditional Use Permit No. 2005-24 the as 31A-3 Conditional Use Permit No. 2005-24 November 14, 2005 Page 3 CEQA Compliance 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 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2004-237 will be filed for this project. Marvin Ellenbecker Landscape Development Associate ~~~~ Vince Fregoso, Senior Planner ME:JM me\reports\cup05-24.pc 31A-4 ~ ~ M1 M1 SD.69 M1 M1 M1 g ~ NEWPOFlTC, , " < M1 M1 0 , M1 M1 z < M1 ~ 6 " , ~ ~ I R1.!L~:wlJ ~1jJ ~ ~ R1 ~ z Rl u Rl ~ Rl Rl Rl Rl Rl jB"' GO 38 R1 8G R1 R1 o R2 R2 -R2 M1f I R2 R2 , I M1 5D-63 M1 M1 DYER RD. " " " 11___ I r--~ ~ , M1 I M1 "' M2 M1 ~ M1 A1 -B C-SM C1 C1-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS.ARTlsr VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL I / M1 " t;;MA~V M1 \ PROJECT M1, SITE .. M1 WARNER AV. SO-8 LlOW II <i2f9:~~%"'" II <17X"" ......:.:,\/f/SO-8 II \f 1/ 11 " I SO-8 II -:'::,1 /~I " " 'I " " // SD-8\\___~/ I~~/-I-' II ~I M1 M1 50-12 f?-!J J' ,-fif M1 g!'- I, 'I " " -, // 80-12 , ,\ CR GC "' "2 "0 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 R' RE SD SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN A CUP 05-24 SPRINT PCS MONOPOLE 13163/4 EAST WARNER AVENUE A .gy" 1" "" 1000 FEET - ",,500 FEET P LAN N N G AGE N C Y AND BUILD EXHIBIT 1 31A-5 N G A P LAN N ...,: MAVWOOD AVE. STORAGE J i ~E I VACANT WARNER AVENUE INDU RIAL g ~ '" ~ ~ WAREHOUSE INDUS 'AL HOrEL ~ ~ ~ RESTAURANT HOTEL INDUSTRIAL CUP 05-24 SPRINT pes MONOPOLE 13163/4 EAST WARNER AVENUE N G AND B U L 0 N G EXHIBIT 2 31A-6 w => z w ~ OFFICES! COMMERCIAL o z <I: II: " IA IN AGE N C Y CUP 05-24 SPRINT pes MONOPOLE 1316314 EAST WARNER AVENUE EXHIBIT 3 31A-7 " . , I . , I r ,.J .,.~ CUP 05-24 SPRINT PCS MONOPOLE 13163J. EAST WARNER AVENUE EXHIBIT 4 31A-8 KO - 11/4/05 RESOLUTION NO. 2005-74 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-24 TO ALLOW A 60-FOOT WIRELESS TELECOMMUNICATIONS FACILITY FOR THE PROPERTY LOCATED AT 1316 :y. EAST WARNER 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. Conditional Use Permit No. 2005-24 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 14, 2005. Conditional Use Permit No. 2005-24 has been filed with the City of Santa Ana seeking to allow a 60-foot wireless telecommunications facility for the property located at 1216 :y. East Warner Avenue. B. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. C. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed 60-foot tall cellular monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS wireless service by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the southeast sector of Santa Ana. 31A-9 Resolution No. 2005-74 Page 1 of3 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopole, in conjunction with the existing landscaping, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this industrial area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopole facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Industrial (IND) General Plan designation. D. 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 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2004-237 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2005-24 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at 31A-10 Resolution No. 2005-74 Page 2 of 3 the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated November 14, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of November, 2005 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz, Rodriguez (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christopher Leo Vice-Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-74 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 14, 2005. Date: Planning Commission Secretary City of Santa Ana 31A-11 Resolution No. 2005-74 Page 3 of 3 Conditions for Approval for Conditional Use Permit No. 2005-24 Conditional Use Permit No. 2005-24 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 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. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 04- 93). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed monopole shall be constructed as per approved plans and the existing landscaping shall be protected in place during the construction period for the 60-foot monopole facility. 4. The permit applicant recognizes that the frequencies used by the cellular facility located at 1316 :y. East Warner Avenue are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (Permit Applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. EXHIBIT "A" P~, A~!(2 5. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 6. Before activating its facility, the permit applicant will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor at the expense of the Applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 7. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 8. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 9. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 10. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 11. The proposed wireless communication structure must be engineered to allow the collocation of other service providers. 12. Locate all equipment and related appurtenances (Appleton plug and electric meter) on the inside of the equipment enclosure or inside the building. 13. Conditional Use Permit No. 2005-24 expires five years from the date of City Council approval. EXHIBIT "A" Pa{je 2 of 2 31A-13 31A-14 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: NOVEMBER 7, 2005 TITLE: RESOLUTION IN SUPPORT OF AIR FAIR APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For tZ-dE CI MANAGER CONTINUED TO DEe " ~ 2005 FILE NUMBER RECOMMENDED ACTION Adopt a resolution in support of Air Fair, an organization dedicated to securing noise limitations, maintaining comprehensive curfews, and halting the expansion of John Wayne Airport. DISCUSSION Formed in May 2002, Air Fair seeks to inform residents of the John Wayne Airport corridor cities about the airport and its effect on the environment and citizen's health, specifically in the areas of noise and pollution. Air Fair's goal is to limit flights and passengers at John Wayne Airport. Under the extended settlement agreement completed in 2003, the top passenger allowance is 10.3 million annual passengers until 2011. Current airport projections suggest that John Wayne will have reached its passenger cap by 2006. Between 2011 and 2015, the agreement raises the passenger allowance to 10.8 million. Air Fair's mission is to secure a permanent cap on passenger allowance of 10.8 million passengers per year. Airport expansion increases noise, environment, public health and other quality of life issues related to aviation operations. The City of Costa Mesa and villa Park have adopted similar resolutions in support of Air Fair. FISCAL IMPACT There is no fiscal impact associated with this action. 55A-1 lO/ll/05les RESOLUTION NO. 2005-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF AIR FAIR, A POLITICAL ACTION COMMITTEE, TO HALT EXPANSION OF THE JOHN WAYNE AIRPORT 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 people who live and work under the John Wayne Airport ("JWA") flight path have done more than their fair share to live with the impacts of Orange County air travel. B. A strong community-driven citizen force is needed to say "NO" to further expansions of JWA. C. The annual passenger cap (Million Annual Passengers - "MAP") will now allow for 10.8 MAP along with new gates and additional flights to accommodate the increased passenger loads. D. The new agreement extends through the year 2015, with curfew through year 2020. E. The pressure to expand JWA will continue to occur and grow during the time span of the agreement. F. A political action committee named Air Fair has been formed to create a strong and broad citizen force, and is premised on the belief that residents throughout the JWA flight path must unite and actively work together to secure permanent caps, noise limitations and comprehensive curfews at JWA. G. Air Fair will act cooperatively with other groups such as the Airport Working Group, but fill the void that is needed to focus specifically on limits at JWA. H. The efforts of Air Fair can be significantly enhanced by sponsoring organizations including the support of the City of Santa Ana. Section 2. The City of Santa Ana hereby expresses its support of Air Fair and its purpose, and will join the organization by allowing its name to be used as a Sponsoring Organization. ADOPTED this day of ,2005. Resolution 2005-103 Page 1 of 2 55A-2 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution NO.2005-103 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resoiution 2005-103 Page 2 of 2 Clerk of Council City of Santa 55A-3 55A-4 REQUEST FOR COUNCIL ACTION (.~".~ liI.~ )1' ~taA~!~; ~ CITY COUNCIL MEETING DATE: DECEMBER 5, 2005 TITLE PUBLIC HEARING - AMENDMENT APPLICATION NO. 2005-08 TO CHANGE THE ZONING DISTRICT FROM COMMUNITY COMMERICAL (C1) TO SINGLE FAMILY RESIDENCE (R1) FOR 17 PROPERTIES ALONG WEST SANTA ANA BOULEVARD BETWEEN RAITT STREET AND HESPERIAN STREET ~ c/) ,7/) l/ P-~ Y / ,I >:.( "'-~-' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED D As Recommended D As Amended o Ordinance on 1 sl Reading D Ordinance on 2"' Reading D Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Amendment Application No. 2005-08 excluding properties located at 1725 West Santa Ana Boulevard and 312 North Forest Avenue. PLANNING COMMISSION ACTION On November 14, 2005, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2005-08 excluding properties located at 1725 West Santa Ana Boulevard and 312 North Forest Avenue by a vote of 7: 0 to change the zoning designation from Community Commercial (Cl) to Single-Family Residence (Rl) for 17 properties along West Santa Ana Boulevard between Raitt Street and Hesperian Street: 1402, 1410, 1416, 1418, 1422, 1602, 1604, 1606, 1614, 1618-1618~, 1626, 1630, 1702, 1710, 1714, 1720 A & B, and 1731 West Santa Ana Boulevard, 312 North Hesperian Street, and 312 North Western Avenue. At the written request of the property owner, Planning Commission modified planning staff's original recommendation and included 1410 North Santa Ana Boulevard in the proposed zoning amendment application (Exhibit A). A letter supporting the zoning amendment was submitted on behalf of the Artesia pillar Neighborhood Association (Exhibit B) . FISCAL IMPACT There is no fiscal impact associated with this action. ~~vino E utive Director Planning & Building Agency MGM,rb mgm\plancomm\aa05-08.cc 75A-1 REQUEST FOR Planning Commission Action ~I ~la~ ~ PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2005 PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2005-08 TO CHANGE THE ZONING DISTRICT FROM COMMUNITY COMMERICAL (C1) TO SINGLE FAMILY RESIDENCE (R1) FOR 16 PROPERTIES ALONG WEST SANTA ANA BOULEVARD BETWEEN RAITT STREET AND HESPERIAN STREET Prepared by Melanie G. McCann APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~ve Director ~W'A ~=.-' ~ Planning Man er RECOMMENDED ACTION Recommend that the City Council adopt an ordinance approving Amendment Application No. 2005-08 excluding properties located at 1410 West Santa Ana Boulevard, 1725 West Santa Ana Boulevard and 312 North Forest Avenue. DISCUSSION Request of the Applicant The City of Santa Ana is requesting the approval to change the zoning district for the following 16 properties from Community Commercial (Cl) to Single-Family Residential (Rl): Property Address Property.owner 1402 West Santa Ana Blvd.! 312 Hesperian St. Jose Anqel Carranza 1416 West Santa Ana Blvd. Rafael & Maria Carrazco 1418 West Santa Ana Blvd. Santiago & Esperanza M Alvarez 1422 West Santa Ana Blvd. Artemio Gonzales 1602 West Santa Ana Blvd. Leobardo Ramirez 1604 West Santa Ana Blvd. Arnulfo & Engracia Pablo 1606 West Santa Ana Blvd. Antonio & Martina Gonzlez 1614 West Santa Ana Blvd. Cruz Ophelia M Trust 1618-16181/2 West Santa Ana Blvd. Felipe Chavez 1626 West Santa Ana Blvd. Rafael Huante 1630 West Santa Ana Blvd. Esparza Guadalupe Trust 1702 West Santa Ana Blvd.! 312 N. Western Ave. Antelma & Ubaldo Torres 1710 West Santa Ana Blvd. Esparza Guadaluoe Trust 1714 West Santa Ana Blvd. Oliva Dennis & Mary Trust 1720 West Santa Ana Blvd., A & B Mrs. William M Bebermeyer 1731 West Santa Ana Blvd. Cruz Casiano Exl-Jr6-A.-2 Amendment Application No. 2005-08 November 14, 2005 Page 2 Property Description The rezoning proposal involves 16 properties located along West Santa Ana Boulevard between Raitt Street and Hesperian Street (Exhibit 1). The existing General Plan land use designation for the affected properties is Low Density Residential (LR-7) allowing a maximum density of seven dwelling units per acre of land (Exhibit 2). Presently, these properties are assigned with a Community Commercial (Cl) zoning district. As presented in Exhibit 3, the project sites are built-out primarily as single family residences, with four properties developed with two residential units. The surrounding area includes additional single family residences as well as a limited amount of existing non-conforming commercial businesses, elementary schools, duplexes and a few multiple family developments. Analysis of the Issues In August 2004, the City Council approved a similar zoning amendment proposal affecting seven properties located along this same portion of West Santa Ana Boulevard. This prior amendment application was initiated by the property owners to change their properties from Community Commercial (Cl) to Single Family Residence (Rl). The catalyst for this clean up is a request by the Pablo Family, property owners at 1604 West Santa Ana Boulevard, to make structural alterations to their single family home. As detailed in the Zoning Code (Section 41.681.4), structural alterations or additions may only be made to an existing single-family or two-family dwelling if the property is located in a residential zone, with the exception of the Professional (P) zoning district. Thus, the owners are unable to proceed with structural home improvements until the zoning of the property is changed from General Commercial (Cl) to Single Family Residence (Rl). In August 2005, Planning staff sent a courtesy notice to property owners of existing single-family and two-family homes located along West Santa Ana Boulevard between Raitt Street and Bristol Street regarding the proposed zone change. Additionally, in late October, Planning staff hand delivered a second copy of the bilingual courtesy notice to these properties to educate property owners and residents of the opportunity to participate in this zoning amendment cycle. Planning staff addressed owners' questions regarding the benefits and issues related to the zone change. 75A-3 Amendment Application No. 2005-08 November 14, 2005 Page 3 Through these outreach efforts, 16 property owners requested to be included in the proposal to amend the zoning district to the Single Family Residence (Rl). Ideally, the zoning amendment would include all existing residential properties to provide continuity in the zoning pattern within the affected blocks. However, three property owners within this portion of Santa Ana Boulevard have chosen not to submit a request to change their property to the Rl zoning district. Therefore, it is recommended that the three Cl properties located at 1410 West Santa Ana Boulevard, 1725 West Santa Ana Boulevard, and 312 North Forest not be included in the proposed zoning amendment. A total of 16 properties are recommended for rezoning as shown in Exhibit 4. Exhibit 5 provides a table detailing additional information regarding the proposal and the affected properties located within the Artesia Pilar neighborhood. The proposed action will result in consistency between the General Plan land use designations, zoning district and existing residential land uses for the project area. Based on the above analysis and the resulting General Plan land use consistency, approval is recommended of Amendment Application No. 2005-08. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from CEQA under General Exemption 15061(b) (3) Environmental Review No. 2005-179 will be filed for this project. ~iL- Melanie G. McCann, AICP Associate Planner MGM:JM mgm\plancomm\aa05-08.pc 75A-4 UI :~":o"" luoil o :: ;~{ :: [ill] 30" R1 DR1r ---:l R1 R1 I ~<Xl AV Rl .3 R1 '""I Rl;1,"'j7o: "l(" ~, ~~" R21: :~J: R1'~. R1~ M1 ~ ~ / ~ ~( '1' C2 M1 _J 1_ -'1 I~_ R4-B _I~/;_~\ 1'____ R4Ir--) ~-::;.::;-< '- -" r- \:;;5_~ : ~ 'i:::;::./ R3 , A1 -8 C-SM C1 Cl-MD C2 C3 C3.A C4 C5 ~~ 1" == 1000 FEET P LAN N 50-61 r12 __ ~ Rl Rl :;l Cl........ Cl "' M1 ~ 82J Cl I 0 8BetiI5:'~'~~"[QJ\~' R2 I R2""-..1'" R2 R2 R2 I R2 I R2 I R2 IMl R2 z~2 '" R2 c:::fL) I C2 I 52. C2 C2 "., ~ Cl ~ ~~~~"~. C2 ~I ~ WAlNVTST GG: R1R1 m>{l BB~5J' R1 ~ R1 . R1 ,\, ~ R1 llj R1 ~ I R1 R1 R1 R2 M1 C2 1ST ST. o CHEST>llJTAV. M1 R3 R1 R1 A fAil A fRill GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL R1 "'H' R1 "'H ~I R1 R1"';' 9TH .. R1 R1 ltJt[E "' '~II '~~2t":,:,', "' -' '5 [ e R1 ~ Rl Rl ;"~~t ~f Rl ~ Rl Rl fl' i:l~ 's' (Ii -'SD2O \:',,~ . p~~.~.;'~~[ lr C4 R1 R1 D j) '~R"'I~' R2 ,.,.~R1 W Cl ,5tJsp-,:bJ lEBo I r-::-ll ~I I P ~ ~+-i'1 ~:~~~; I: R2 ll[ I~ R2 I~ R1 R1 ~ R2 lilE:: II R11~ I~~ rn ~~, :: I~i, R3 o ~ n Ii II I Rl PROJECT ,;01 SITES C1 R1 R1 R1 R1 R1 R1 \rnlTI '8 Rl C2 iSP-, R2"'~ p., ~ 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 AA 05-8 CITY OF SANTA ANA R2 R1 II N G AND BUILD EXHIBIT 1 75A-5 FI , N G R1 R2 R2 R1 R1 R1 R1 R1 R2 R3 R4 R' so SP GC \-/ C~) GC [ L p P lISD->5 J~ P P 01 C1 R2 ICE: I@:: SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN A 6Y' - = 500 FEET AGE N C Y B ]~ ]~ _!m1j .. .... ~,ITE33IB8 .. llilWJ~ THIRD ~m>-.!!.~ ~ ffi !!: ffi en a: 0 a.. w 0 :!- (/j ~ ~ - ~ EWlillJ SIXTH nr SECOND I I I I I w " z w ~ I II I I , OOl ...J 000, ~ 000, is: 000, m 0 O~( 00' STREET IIIII ~ 1"10 PLANNING AND BUILDING AGE N C Y AA 05-8 CITY OF SANTA ANA GENERAL PLAN LAND USE DESIGNATIONS 1 1 LR-7 (Low Density Residential) r:::::::::::::j IND (Industrial) 1.:.:.:.:.:/.:< I MR-15 (Medium Density Res.) I >>1 INS (Institutional) .. GC (General Commercial) 1 . I Subject Properties ~ ~ EXHIBIT 2 75A-6 BLVD. A oW' ~ ~~ ~< <' SCHOOL COM, ;! i Q o VACANT 1] ] T[l STREET IS!N4>Lf,J?~LY ,; ff= I ff= I c~ ~ I RgSI NT L 'IJ '" ;:'i , . ISI^pL~ FAf'J1Lt R~SIDFN1AL I I~ I ~ I %r~tf . RES I [I SfR ~ I SfR ,!f:E1 SI/'IGLEr:Afw, lit 'IJ RES , AA 05-8 CITY OF SANTA ANA A EXISTING LAND USES p L A N N N G A N o B u L o N G A G E EXHIBIT 3 75A-7 If ~~ ~ t [ ~ " ~ ff o " ~ ~ ~ ii' .. ~f~ o " , R , f'IR A .gy' N c y 'i' R2 I R1 Il!--g--ll~;o R1 II R1 ~'II U ~ I 6TH ST 6TH ST. _~ R1 ~ EJ I ~~ ;1.:C1Igel ~11 ''"il_>IL! ~~~ R1 Jl 5TH ST ~!a88GI 0 ~I;~,:; ~;""rlmn []}[]J]]ll~~AAAiRmm: R1 I", iFl R2 R2 O~~>~ ~~ R2~.j~~J -- t-!~~c::J3RDST ;;:G;;:GfB~<Il I~~ST R2 J I 50" II I- U J: C1 ...J e ,I R R2 ~ R2 ~ R2 ~ R2 R2 ~ SP-1 R2 R2 I w 0 <( P-1 - I ?; l.L a.; a: ]__'825'~ 2. 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'" :; EXHIBIT 5 75A-9 RECEIVED Ruby Gonzales Woo 2234 North Pacific Avenue Santa Ana, CA 92706 NOli 1 4 2005 SANTA ANA PLANNING DEPT November 8, 2005 Mayor Miguel Pulido Conncilman Brett Franklin Councilman Jose Solorio Councilwoman Lisa Bist Councilwoman Claudia Alvarez Councilwoman Alberta Christy Councilman Mike Garcia City of Santa Ana 20 Civic Center Drive Santa Ana, CA 9270 I Re: Amendment Application No. 2005-08 Honorable Mayor and members of the City Council: After over 26 years of struggling to maintain the integrity of the Artesia Pilar neighborhood and protect it from commercial intrusion into the our neighborhood, we wholly support the property owners and the proposed plan to amend the zoning district from Community Commercial (C-l) to Single-Family Residence (R-l) to be consistent with the Low Density Residential General Plan designation at 312 North Forest Ave" 312 North Hesperian St, 1402, 1410,1418,1422,1602,1604,1606,1614,1618,1626, 1630, 1702, 1710, 1714, 1720, 1725, and 1731 West Santa Ana Blvd. It should be noted that the Artesia Pilar Neighborhood Association and residents have supported a similar anienclment (2004-03) and the Council approved the amendment in order to preserve the residential character and neighborhood integrity, The Artesia Pilar Neighborhood Association supports the continuation of the City Council's policy to improve the quality of our older neighborhoods by protecting the integrity of our neighborhoods and reversing decline. This application will amend the zoning district for those neighborhood properties to Single-Family Residence and further the preservation of our neighborhood and is consistent with the General Plan. Also, as a property owner of a Single Family residence at 1901 West 2nd Street nearby where my mother resides, I also support the application. With the severe housing shortage in the county and the need for housing, the best use and highest use for those properties would be Single Family Residential. We urge the City Council to finalize the application and approve the amendment to Single Family Residential. ~ Sincer.e,IY, ().. /J _ L" '. . l:2, ~:. n~~ e..J:::= \ C' . RUDY Gon es Woo~ resident Artesia Pilar Neighborhood Association EXHIBIT B 75A-10 ORDINANCE NO. NS-2706 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA REZONING THE PROPERTY GENERALLY LOCATED ALONG WEST SANTA ANA BOULEVARD BETWEEN RAITT STREET AND HESPERIAN STREET TO SINGLE FAMilY RESIDENCE (R1) (AA NO. 2005-08) 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 City is requesting approval of Amendment Application No. 2005-08 to change the zoning designation of seventeen (17) properties along West Santa Ana Boulevard between Raitt Street and Hesperian Street. The zoning of the project site will be changed from Community Commercial (C1) to Single Family Residence (R1), as shown in more detan'in Exhibit "A" to this ordinance, which is incorporated herein by this reference as though fully setforth herein. B. On November 14, 2005, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2005-08. C. On December 5, 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. D. Amendment Application No. 2005-08 is consistent with the General Plan, including but not limited to its goals and policies to preserve and improve the character and integrity of existing neighborhoods. land Use Element Goal No. 3.0. E. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project is consistent with the purpose of the general plan. F. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 14, 2005 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2005-08 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. 75A-11 G. In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from CEQA under General Exemption 15061(b)(3). Environmental Review No. 2005-179 will be filed for this project. Section 2. Amended Sectional District Map number 11-5-10 showing the above described change in zoning district designation, is hereby approved and attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein. (AA No. 2005-08). . Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that 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 75A-12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2706 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-13 II ~I C1 jR _J ~ C1 1",1 I ~~ I"USAN~A1ANA ll. ~1THT l;;~~t.1 0 I C1 R2 ~ ~I sD-17TR2I,J-R2! :~ jl PHR2 III :~~:T Iii R2 ~I . i;'- 'a~".., . I r 1 . j~1 R2 II ;~I IU 1'1 R1 C1 , J IH o R1 R1 6TH ST. SD-61 R2 ,~, ~~ AA 05-8 CITY OF SANTA ANA PROPOSED ZONING AMENDMENT I I C1 to R1 Zoning P LAN N N G AND B U l 0 fSl~'1.a 5TH ST. o R2 I f N G R1 R1 C1 i:;,,;li I .~ 6TH ST. "' I -' SP-1 'I R1 I~"',,- , , 6J b= SP-1 R1 R2 R1 R2 C21 Il~;~;1 R2 ,"4 _ ' SP-1 i ti 3RD ST. [ill; SP,1 R2 I 1 <<XL_. 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IKi9 Al GENEFlALAGRICUL'rLJRAI 8 PAAKINGMODIFICATlON Gl COMMUNITY COMM[RCIAL Cl MO COMMUNrTy('.tJMMEIlCIALMJ$[UM DIS1AICT C2 GHIEfiM COMI.IEflCIAL (;3 GFNIHl\tB\lSIN~SS eJ.A CENmALfll)SlNlSS~l1nfi'IS'VILLAGE (;4 "lANNFDSHOPPINGCENlER G5 AFlTFlilAtCOMMU1CIAL CR c;OMMERCIALflESIDENTIAl C-SM SOllfHM/lINiHBEErCOMMEflCI/lL 1l1[;THICl OC GOVfRNMFN1CfNTER MI lIGHTINOlJ5TFlIAL M2 Hl/lVYINDlISllll/lL MO MILITARY OPERATIONS (l OP[NSPACE I' 1'11Ofr.8SIONAl I'CD PLANNED GQMMUNI1Y GfVHOPMENI PO PL),NNEODEVHOPMFNT PflO PLANNEDfl[SIQENTIAlDEVrLOPMrNT HI SINGLEh\MltYFlf:~llENCI: H14000 SMALL un SIN(jLE~/lMIL Y RES,DENCE R~ TWQrAMILYflFSIOENCf H3 MUlllI'lUAMILY RESIDENCE Rol SU(lUHfJ.o.NIIP"",TMHIT flF RESIl)r:NTIAlFSTAlt so SPEClFlC!l(Vn.QPMun SP SPECIHCI'lAN r,[s.cu."""''''' A,'),O All,!),;' M.'Ml AA'''''I MOll-, M~MQI-OI M01-O'''-''."''-3 .>Al&& 0<<0 .'~,~....., ~s.n," ~qm !lS-J'''' fj<;-Z~2" NS--1"&:' ...."" M;.'''''' NS"""M'.-",,-," ".'~-"" 1",.9' a-'~.&1 ,.,~..., !l-)<;/j '?'~QO "'H' ~'lHl ij '0'0_ P."'~ ^""""D~,,, ~ +r$4t- ~ ~ i44r AVE, , ~01' , '1.~. ,~ o '" Ul ~ Ii II R' 'v:t B' ." .. '~:1 ~:I E R> R' R1 R' ,-- Y;"lf'''~''ET , W> "000 ,~ M,f-ll'A"MF",)N',."f ...".....""'01""'"., :.;"" ".-,""", r"" I ~:t5-O$ ''''>;''''PIS''""Qf'fot.~;.f>R'7P;>'( ,,,",,,,cr""'O""";I1''''''''''1.'.'''> ""^"'f<O"'t!:OllYC"'OOi!NCIk ",,,,w,,,,",,,,,.,~,,,,.o,t[o,,.,p_, ~,nUl'M1U;tt><^,n""lM","^,n"" ~::~' :~:;:~"~'".'. ':tJ~q~'Cl, .!;!,~"w"",, [~I'IJT"'h'''''''i''-''>C~1 ' I>'w,."""r"''''''''<:I:il c.",,-,~_.......,.E:".l.'.M'1".~..I>,.I~. ".:c.~ ~.'H' '''H' ",,&,....,.N~"". 5~" 5:001 ;'>1 !>4"l' ~'lk M% $.\08 Boa) M1) ~~," SoW; ~n" ~ &Il<"J IJIJ6 SW! 00J6 >l(l" MT'J.. ""fill' MWo ""~&6 ""001; ....~!~ N~'41~ NS-'" 1>5-_ !-.15_". f!.;..M\ %.K,' ~S'W, NS.~01 ~S""~ ~._ NS_'~N 1<,<;_,,,, M;."~J "S"-l4~ ~,.I"'I~ "S-"" M.,'I5.' "";.,,,. ~~_,~" .n.e' nnw 1<-,'.,J j.p-, ~>-'" ..".,,", ".'-~' I!ICJ "1'1-"1'1- ,1[ "'" "'" "'" 'J>P"'OVl'D Ai"....,'. ;'.' I. ." .~ PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA CALIFORNIA EXHIBIT B 75A-15 75A-16 REQUEST FOR COUNCIL ACTION ~ ~ta,~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2005-01, TENTATIVE TRACT MAP NO. 2005-07, AND VARIANCE NOS. 2005-53 THROUGH 2005-56 TO ALLOW THE CONSTRUCTION OF 44 RESIDENTIAL TOWNHOMES AT 2823-2929 WEST EDINGER AVENUE - JOHN LAING HOMES, APPLICANT APPROVED D As Recommended D As Amended D Ordinance on 1" Reading D Ordinance on 2nd Reading D Implementing Resolution o Set Public Hearing For " )7 (~'/L/J jLlA CITY MANAGER CONTINUED TO A FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-198. 2. Adopt a resolution approving General Plan Amendment No. 2005-01. 3. Adopt a resolution approving Tentative Tract Map No. 2005-07 as conditioned. 4. Adopt a resolution approving Variance No. 2005-53 from number of required parking spaces as conditioned. 5. Adopt a resolution approving Variance No. 2005-54 from maximum allowable height as conditioned. 6. Adopt a resolution approving Variance No. 2005-55 from required front landscaped setback as conditioned. 7. Adopt a resolution approving Variance No. 2005-56 from floor plan configuration as conditioned. PLANNING COMMISSION ACTION Recommended that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-198. 2. Adopt a resolution approving General Plan Amendment No. 2005-01. 758-1 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 December 5, 2005 Page 2 3. Adopt a resolution approving Tentative Tract Map No. 2005-07 as conditioned. 4. Adopt a resolution approving Variance No. 2005-53 from number of required parking spaces as conditioned. 5. Adopt a resolution approving Variance No. 2005-54 from maximum allowable height as conditioned. 6. Adopt a resolution approving Variance No. 2005-55 from required front landscaped setback as conditioned. 7. Adopt a resolution approving Variance No. 2005-56 from floor plan configuration as conditioned. At its November 14, 2005 meeting by a vote of 7:0 to allow the construction of 44 residential townhomes at 2823-2929 West Edinger Avenue. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~~~~~~ctor Planning & Building Agency VC:rb vc!reports/GPAOS-01JohnLaing.cc 758-2 REQUEST FOR Planning Commission Action ~~ ~l~ ~~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2005 TITLE: FILED BY JOHN LAING HOMES FOR GENERAL PLAN AMENDMENT NO. 2005-01, TENTATIVE TRACT MAP NO. 2005-07, AND VARIANCE NOS. 2005-53 THROUGH 2005-56 TO ALLOW THE CONSTRUCTION OF 44 RESIDENTIAL TOWNHOMES AT 2823-2929 WEST EDINGER AVENUE Prepared by Verny Carvaj al APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO ~/1~ _ Executive Director RECOMMENDED ACTION t~~+~ Planning Mager Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-198. 2. Adopt a resolution approving General Plan Amendment No. 2005-01. 3. Adopt a resolution approving Tentative Tract Map No. 2005-07 as conditioned. 4. Adopt a resolution approving Variance No. 2005-53 from number of required parking spaces as conditioned. 5. Adopt a resolution approving Variance No. 2005-54 from maximum allowable height as conditioned. 6. Adopt a resolution approving Variance No. 2005-55 from required front landscaped setback as conditioned. 7. Adopt a resolution approving Variance No. 2005-56 from floor plan configuration as conditioned. DISCUSSION Request of Applicant John Laing Homes is requesting approval to develop 44 townhomes at 2823- 2929 West Edinger Avenue. To allow the proposed project, the applicant is requesting approval of a General Plan Amendment from Low Density EXHIBIT A 758-3 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 2 Residential (LR-7) to Medium Density Residential (MR-15). Additionally, the request includes a tract map in order to consolidate six existing parcels and create 44 residential units for condominium purposes. As proposed, variances are required to allow a reduction from the City's townhouse development standards for parking, height, side yard setbacks, and ground floor access. Property Description The development site is rectangular in shape and is approximately 3.1 acres in size. The site is located on the north side of Edinger Avenue, just west of Fairview Street. The site is currently vacant and is located within the Two-Family Residence (R2) zoning district with a General Plan Land Use designation of Low Density Residential (LR-7). The zoning for the subject site allows two-family dwellings and townhomes. Surrounding land uses include single family residential uses to the north, multiple family residential to the east and west, and Centennial Park to the south (Exhibits 1 and 2) . Project Description The proposed project involves the development of 44 townhomes on a site of approximately 134,000 square feet in size oriented towards Edinger Avenue in a courtyard style setting. Each townhome will be two or three stories in height and include a two-car enclosed garage on the ground floor level. Units will range from 989 to 1,690 square feet in size and will consist of two and three bedroom layouts. Vehicular access to the site will occur along Edinger Avenue through a private gated system and include an internal looped drive aisle with access to individual units and parking areas. A total of 142 parking spaces will be provided for the project, with 88 enclosed parking spaces and an additional 54 open guest stalls. As part of the proposed proj ect, the applicant is requesting approval of a variance to allow a reduction in the parking requirements from 4 parking spaces per unit to 3.2 parking spaces per unit. Amenities such as individual private provided on-site in a 5,400 square foot recreation and barbeque area, courtyards and a common pedestrian paseo will be order to encourage casual social interaction. 758-4 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 3 The townhomes are designed to complement the surrounding community. There are two building types for the proposed project, including two 6- plex buildings and four 8-plex buildings. The 6-plex buildings will be located at the project entrance and will serve to frame the entry into the community. The 8-plex buildings will face each other forming an open space courtyard conducive to family activities and social interaction. The project will tier down from three to two-stories along the northern property line to maintain privacy and ensure sensitivity to the existing single family uses. The townhomes will feature Monterey style architecture with wooden balconies and wrought-iron elements serving to reduce the scale of the buildings and help individualize each townhome. Exterior finishes for the proposed project will consist of smooth plaster with neutral earth tone colors. Additionally, proj ect entrances and pedestrian walkways will include enhanced paving and individual interlocking pavers (Exhibits 3, 4, 5, 6 and 7) . Analysis of the Issues General Plan Amendment The City's Land Use Element provides for three distinct residential land use designations which correlate to specific zoning districts. The proj ect site currently has a General Plan Designation of Low Density Residential with maximum density of seven units per acre. The intent of the Low Density designation is to allow for the development of single family homes. However, the zoning for the project site (R2) allows for two-family dwellings and townhomes. This zoning establishes the benchmark land use regulations for this property; it permits a maximum density of 22 units. In order to allow the proposed 44 townhomes at a density of 14.3 units per acre, the applicant is requesting an amendment to the General Plan to Medium Density Residential, which permits a maximum of 15 units per acre. The City promotes the rehabilitation of vacant properties. townhomes are consistent with the Land Use Element's goal development that has a net benefit to the community and quality of life. The project will provide a pleasant The proposed of promoting enhances the medium-density 758-5 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 4 residential development within the context of higher density and single family residences. The architecture for the project will contribute to the sense of community in the area through street-oriented building elevations that create architectural and landscape interest along Edinger Avenue. Exhibit 8 includes revised text and land use map exhibits for General Plan Land Use Element. The proposed General Plan Amendment No 2005-01 to change 3.1 acres to the Medium Density Residential is included in these revisions, as well as general plan amendments previously adopted by City Council. These revisions to the Land Use Element document also reflect various corrections and transportation improvement such as the widening of the Santa Ana Freeway and the realignment of McFadden Avenue at Main Street. Tract Map The proposed tentative tract map for this project satisfies two objectives. First, it consolidates the six existing parcels into one comprehensive development site. The consolidation allows the development of the proposed townhomes and satisfies critical development criteria such as minimum lot size and street frontage requirements. The second objective of the map is to create a condominium subdivision for each of the 44 townhomes. The condominium subdivision is necessary to provide for-sale units which encourage home ownership and ensure a true owner-occupied product (Exhibit 9). Parking Variance As part of the proposed project, the applicant is requesting approval of a variance to reduce the project parking requirements. Section 41-282 of the code requires off-street parking for townhomes to be provided at a rate of two parking spaces per unit plus two guest spaces. This project provides a total of 142 parking spaces on-site, though 176 parking spaces are required per code. Therefore, a reduction of 34 parking spaces is being requested. The request to decrease the number of guest parking spaces resulted from a comparison of the parking standards of neighboring Orange County cities and other similar projects within the City such as the lofts in the downtown area. 758-6 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 5 Staff surveyed the townhome parking requirements of seven neighboring cities, namely Tustin, Newport Beach, Anaheim, Fullerton, Orange, Huntington Beach and Garden Grove (Exhibit 10). In this research, staff found that all of the cities surveyed have a parking requirement that would be less than the 3.2 parking spaces per unit as proposed by the applicant. All of the cities surveyed indicated that their parking requirement was adequate and has not resulted in project parking shortages. Based on the results of the parking survey, it is anticipated that the proposed request to reduce the parking requirement of the project from 4 to 3.2 parking spaces per unit will not result in inadequate parking capacity. Additionally, recent city projects such as City Place, Santiago Street Lofts, and the downtown lofts were approved with a comparable parking standard. Height Variance Section 41-277 (a) of the code limits the height of townhomes to 27 feet and no more than two stories in height. In order to introduce the tuck- under two car garages for each townhome, the applicant is requesting a maximum height of 35 feet and three stories in height for 30 units. The remaining 14 units will comply with the height limit. All of the units will provide a minimum setback of 60 feet from the property line to the closest single family residential uses to the north in order to ensure privacy. In evaluating the applicant's request for added mass and height, the architecture and the distance from adjacent buildings was closely considered. The proposed project features smaller-scale forms such as recessed windows, projecting balconies and other significant elements which visually reduce the height and scale of the proposed buildings. These features were utilized to emphasize and define the individual units while adding visual interest to the development. Additionally, the proposed ground-level garages will allow for enclosed parking in garages immediately available to each homeowner. The proposed three-story units utilize space well, will conceal visible parking through enclosed garages at the ground level and create a privacy buffer to the adjacent residential uses. 758-7 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 6 Setback Variance Section 41-280 of the code requires townhome units to provide a minimum 10-foot landscaped buffer between the buildings and Edinger Avenue. Although the applicant has satisfied this requirement on 42 of the units, a seven-foot landscaped setback from the site perimeter wall is requested for two of the units, affecting a total of 30 feet of street frontage. The two townhomes placed closer to Edinger Avenue will create a greater presence reflecting the urban design of the project, which emphasizes pedestrian oriented spaces. These townhomes will have entrances directly accessible from Edinger Avenue, providing archi tectural interest at the street level. The townhomes along Edinger Avenue will be heavily landscaped and will allow for appropriate decorative hardscape, trees and courtyard entry gates. It is not anticipated that the applicant's request for a three-foot reduction will affect the aesthetic or functional integrity of the proposed project. Floor Plan Access Variance Section 41-286 (a) of the townhome standards requires a minimum of 40 percent of living area to be accessible from the ground level. As proposed, the applicant will provide units that have private courtyards and entries to each unit from the ground level. However, the applicant is requesting relief from the living area requirement in the code due to the clustered nature of the development and provision of a two-car garage for each unit on the ground level. The proposed tuck-under garages create a challenge in providing a large portion of living area on the first level. Although a majority of units will contain a living area on the ground level, 10 of the units will be accessed via a landing to the primary living areas on the second and third floors. The intent of this standard was to provide direct ground access to each unit and to minimize aesthetic concerns related to outdoor stairwells and second story front entries typically found in multi-unit developments. All staircases for the proposed project are enclosed within the individual units and each townhome will be directly accessible and visible from the street. Additionally, all units will have direct garage access from the first floor. As a result, it is not anticipated that the lack of 40 percent living area on the ground floor for each unit will affect the aesthetic or functional quality of the project. 758-8 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 7 Public Outreach and Project Revisions A public hearing was held on September 12, 2005. At the conclusion of the public hearing, the item was continued in order to address issues raised by both the Planning Commission and the Windsor Village Neighborhood Association related to privacy, light impacts, density, parking, and amenities. Staff held multiple neighborhood meetings in order to clarify and address all outstanding issues. As a result of these discussions, the applicant has revised their plans to scale-back all units to two stories along the northerly property line to ensure privacy to existing neighbors. Further, the applicant has revised their landscape plan to provide a visual screen comprised of juniper trees spaced at four-foot intervals along the northern property line and the addition of light shields to prevent light intrusion onto the existing residential uses. Lastly, the applicant has added a total of 10 fireplaces to the project and will adhere to all conditions regarding interior amenity features (refer back to Exhibits 5, 6 and 7) . Although additional concerns relating to parking intrusion into the existing neighborhood to the north and perceived project density were brought up by various neighborhood representatives, staff's analysis did not find evidence sufficient to conclude that parking intrusion would occur as a result of the reduced parking ratio, nor that the density would be unsuitable for the parcel and its location along Edinger Avenue. The proposed subdivision contains adequate street frontage and lot size for the proposed development. Additionally, a survey conducted by staff revealed that the nature of this type of development requires less parking than is required by the current code. Lastly, a mitigated negative declaration was prepared that incorporates various mitigation measures to ensure that any project impacts are reduced to a level below significance. The applicant has been responsive to concerns brought forth by the neighborhood and has designed the architecture to contribute towards the positive appearance of the community. The proposed townhome development will enhance and provide a positive improvement to the west side of the City through the development of a previously underutilized property adj acent to Centennial Regional Park along Edinger Avenue. The development of this site with high quality design, materials and finishes, the inclusion of private open spaces, pedestrian paseos, and heavy use of landscaping will create a visual link along the Edinger Street arterial corridor and will help in 758-9 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 8 energizing and strengthening this westerly gateway area. The project will reinforce an active, vibrant urban lifestyle while ensuring that any impacts of the development are mitigated through careful building placement and design. Additionally, the project will be a direct benefit to the community by providing additional housing opportunities in the City. The project addresses many goals and policies of the General Plan by assisting in the growth of an economically viable corridor, provision of a variety of residential land uses and the construction of a high quality development. In summary, it is recommended that the Planning Commission recommend that the City Council approve and adopt Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-298, and adopt a resolution approving General Plan Amendment No. 2005-01, Tentative Tract Map No. 2005-07, Variance No. 2005-53, Variance No. 2005- 54, Variance No. 2005-55 and Variance No. 2005-56 pursuant to the findings and conditions attached (Exhibits 11 through 21) . CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-198 has been prepared for this project. This document was distributed to the Planning Commission on August 24, 2005 and is not included within this report. The Public Review period for the document opened on August 23rd and closed on September 21st. At the conclusion of the public review period, no comments were received. The negative declaration identified impacts pertaining to noise, water quality, soils and air quality. However, these impacts have been mitigated to a level that is less than significant. , ., . -- - ~I'" /,... Verny Carvajal Associate Planner Vince Fregos , Senior Planne VC:JM vc/reportS/GPA05-01JohnLaing.111405.pc 758-10 SP-2 Ls :/, Rl ~~., 1Z2U R1 Rl R1 a: t;; ,,;mmt;; 1 R1 Rl ~:I<~ 1 I~ S1R1 r C5.. iSP-2 ! Il A1 I~ 'OJ<:"'. ~:,,:'! 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COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VilLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC "' "2 "0 o P PCO PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT -@J R1 R1 lINe"'''LN R1 R1 R2 R2 M r---w;;-SH;F'1;;" Rl R1 Rl , '''''''Rl C1 R. 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II .~ co o ~Q ::i~ ::i: , ~ ClJ < ~!- lJ...J ~ a:: (] I I I, , I . ..." o ~.,.g -.5 0 'IJ ....0 Ox -= :.u :~ " % >. t " :::.. :;J c = " .- ::",.J 'c ~ '0 ~ ~ Co! Ii~ f5~117 ~, V Ijl '....,.': 0 '. -:', ~ \ - j ....'.. l:: ~ .!!. s ~ .~ .... u OJ ill OJ - '" - OJ ~ .~ ... CI m Q) S o .......c: ;:: ~ rS .... Q) "OJ) ;:: .- ..---0 II! LAND USE ELEMENT SANTA ANA GENERAL PLAN lm Of ~1~\1i~ ~: ~I~' (JE\ER...\L " ! I PL\\ ! ' J , , City of Santa Ana Planning Division Adopted February 2, 1998 The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Council February 2, 1998 (GPA 1997-05): GPA 2005-01 (adoption date), GPA 2005-02 (October 17, 2005), GPA 2004-04 (July 19, 2004), GPA 2004-06 (July 6,2004), GPA 2003-02 (June 16, 2003), GPA 2003-01 (February 18, 2003), GPA 2002-01 (September 3, 2002), GPA 2002-03 (August 19, 2002), GPA 2001-03 (February 19, 2002), GPA 2001-02 (January 7, 2002), GPA 2000-09 (May 7, 2001), GPA 2000-08 (February 5, 2001), GPA 2000-03 (December 4, 2000), GPA 200Q- 02 (November 20, 2000), GPA 1999-02 (October 18, 1999), GPA 1999-01 (AlJ9ust 16, 1999), GPA 1998-04 (October 5, 1998), GPA 1998-05 (September 21, 1998), GPA 1998-01 (May 4, 1998). t!f!~f~a ~ , -.- , r tIl ~ a. C (fl CD m "'0 ; OJ g ~ ~ .I..I..~~'~[ ..... 2 R ";::, 'l' ;>:J -..l ~ g ~ ~ ~ ~ ~ W ~ ~ ~ W ro ~ ~ ~ ~ ~ ~ · · ~ ~ ~ 0 o ~ ~,V1 " g. ~ ~ ~ ~ ~ $: m '1i~~.~~~~2.~cQ. ~,,~~o ~".3~:J o;;~ ~~q~~9l. '~ o'l~,~_. ~ 3 . ~ ~ 0 0 !~ 011 ill ~ ~ i! ~ ~ .:::; ~ g ~ II 758-19 ~ " , .~o --~--- , ~ " )l '" ~ ~ f C1l r .., ! '" III ~ ~ en '" , ;::;: 00. c ~ ~ '< I. ~ !' 'TIUl~C q ~ 0 )>~C1len . ~ ~ ;:0 III - C1l . ~ '" 0 ~ I m )> 0. 1:1 "'ll ~ 0 '" .., III 3 III ~ CDaCO::J J:: lllen",Ro en_~ ij:~~~ <;.;;:;: '~'i .rg wrm ,."1"1' or< 'l" oo! ~fo h~ i: , 'l',- ~ if a ., ~ l' . I: i. ~~~~~~~b~b~i~b~bb~b~~~ 758-20 ." ~ ":;;;~''::';;''''-. M , ~, , ...1 ! , .10..... ., I. @ z " z ~ ~ g R c. ~ c f , q fa j S' R I .. j ~ ~ :;ijj l- . [ ~ " if: II I ~ ~ I !-ol'i c ~.~ , ~ ~ ~ . "I ~ ! h j 0 , , , g! c ~ . ~~ -'- c ~ ~~. " .: 0 ~ 1; 0 0 0 0 0 0 N ~ " " .. .. " " <0 " ~ ~ LAND USE ELEMENT . To encourage lot consolidation for optimal site design, the floor area ratio can be calculated on an area wide basis for contiguous parcels which are part of a large, multi-structure project. . To qualify for an area wide floor area ratio calculation, a project must be integrated in design and function, and the owner/developer must record deed restrictions limiting the project area to the legally allowed floor area ratio. Land Use Designations The Santa Ana Land Use Plan includes .w land use designations. These designations indicate the types and intensity of development to be allowed on the property which they cover. Generally, the designation also reflects the predominant development character of the area. As is typical in older, urbanized communities like Santa Ana, there are some areas where existing development does not completely reflect the land use designation of the Land Use Plan. Where these occur the properties are deemed legal conforming and may continue until such time as the property has been vacant for twelve months or more. Each land use designation and a brief description are discussed below. Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Residential/Industrial. The Santa Ana Land Use Plan includes the following residential land use designations: . The Low Density Residential (LR-7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (~ 6,474 acres) representing J+ 4'7 percent of the City's total land area. . The Low-Medium Density Residential (LMR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 443 acres. The great majority of the land designated as Low-Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile Revised (adoption date) pag1t'S-21 LAND USE ELEMENT home parks, a mixture of duplexes and single family residences, or small lot subdivisions. . The Medium Density Residential (MR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 400 ",i10 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple-family development projects. . The Residential/Industrial designation permits either residential development up to 15 units per acre or industrial uses. The designation applies to the Logan neighborhood, which was established near the turn of the century. Since the 1930s, this M1.~m~-acre area has developed with a mixture of residential and industrial uses. . The District Center designation permits residential development up to 90 units per acre when it is a component of a mixed-use, master planned project, approximately aas $QI;! acres are in this designation. This category is described in greater detail later in this section. Professional and Administrative Office The Professional/Administrative office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions of east and west Seventeenth Street. A total of ~ 7gS acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. Revised (adoption date) The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are the predominant land use. The purpose for maintaining and supporting these areas exclusively for office and office-related uses is to encourage major employment centers at locations which significantly lessen the impact to the City's local street system. The First StreetlTustin Avenue office corridor between the Santa Ana (1-5) and Costa Mesa (SR-55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/emPIOY~SS,~~2 LAND USE ELEMENT The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The Tustin Avenue/First Street corridor area is unique because of its location between two freeways and three major arterial streets. This area is where major office development is targeted. The PAO area located adjacent to the Civic Center contains office development which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: . Professional and administrative offices/office parks; . Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and . Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. General Commercial Districts The General Commercial district (GC) applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 - 1.0, though most General Commercial districts have a FAR of 0.5. A total of 1,115.21,108 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. Revised (adoption date) pa91SB-23 00 r ANA~~ LAND USE ELEMENT The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: . Business and professional offices; . Retail and service establishments; . Recreational, cultural, and entertainment uses; and . Vocational schools. General Commercial Districts have a floor area ratio of 0.5 with the exception of the Mid-town area which has an floor area ratio of 1.0. District Centers The District Center (DC) land use designation includes the major activity areas in the City. Five areas of the City, totaling ~ ~fl:9 acres, are designated as District Center. The intensity standard for the District Center ranges from a floor ratio of 1 .0 to 2.0. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high- rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. Residential developments within District Centers are allowed at a density of up to 90 units per acre when developed as an integral component of a master planned, mixed-use project with the exception of the One Broadway Plaza District Center. These areas serve as major employment centers locally and regionally, and should include development which promotes the City as a regional activity center while creating an environment conducive to business on a regional scale. District Centers in Santa Ana include the following: . The Main Place District Center includes a regional shopping center and office complex. Additional high intensity mixed-use development is programmed for this district. Revised (adoption date) 7580124 LAND USE ELEMENT Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,497 ~~~~!il~~ acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: . Light and heavy product manufacturing and assembly; and . Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of &W a~~;lil acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of ~ liQ~1:l acres are included in this land use designation. Of this total, 375 acres of public park land is included in this land use designation. Revised (adoption date) PageBof11 758-25 LAND USE ELEMENT Revised (adoption date) Table A-4 indicates the development possible under the build-out of the Land Use Plan. The build-out for residential land uses considered two scenarios. Effective build-out for residential development is calculated by adding the ~ai~a~ units possible in the areas designated as District Center to the existing 74,588 units presently found in the City. Theoretical build-out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build-out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, four of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build-out considered the development possible under the lower range of FAR intensities while theoretical build-out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between 60,2~8 59,171116 to 77,810 77,a~O housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical build-out scenario are a reflection of the higher density multiple-family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as its applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to 50,338,807 54,552,017 square feet of commercial and office development, and ~9,138,293 44,891,128 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. 7SS~26 Land Use Residential Low Density Residential Amended Table A-4 Land Use Plan Build-out Capacities Acres LR-7 6,552.7 ac. .......H..rll."'.i~....4.... J!m~~]f:~r",:! Low Medium Density Residential LMR-11 Medium Density Residential Residential/Industrial, District Center, SubTotal Commercial Prolessional & Administrative Office General Commercial District Center, MR-15 R/J -15 DC PAO GC DC ~ac. ~ac. Mac. ~ac. mmm!!~~I~! 7.150.5 ac. m!mll~~II~!l!i Intensity/ Density Standards 7 d. u/ac. 11 d.u/ac. 15 d.u/ac. 15 d.u/ac. Effective Build-out, Theoretical Build-out 4,875 d.u. 90 d.u/ac. J,222 !l.U. .mHi mmm!~~~~!!!lHl!i! 77.810 d.u. 4 60,218 d. u. m!jmmm!!!!!!ll!~~~gO!~~~*I!~i 'EHW ;!III!IH~ml~~ll~~~~l ~ ac. FAR 0.5-1.0 11,149,749S.t. 22,899,492s.t. i'i!!mil!!lml~~~~~~~~ml\!illml!! !1!1!~mm~~H~~~!~I\!~m 1,116.2 ac. mll!!W~m.ll~I~!! FAR 0.5-1.0 24,J10,8J9S.f. 48,921,972 5.1. Hi. 11~~I!~~~~m!i!~.II~I\!~i!ml\!~~i~i~~~!!~I~W ~ ac. FAR 1.0-2.0 14,OJ5,OJ2s.t. 28,070,054 s.1 'i!mml\!l~~~Il~~i~~II~lmlii '!IW~~~ml~~I~~~!~I\!~l\!i SubTotal One Broadway Plaza District Ctr, OBPDC 4.3 ac. Industrial Industrial Residential/Industrial, SubTotal Other Institutional. Open Space SubTotal IND R/J -15 INS OS 1,968.1 ac. ii.m~~~l)~l!lii . };497.2 ac. ..'2,~8Q." Mac. 2.506.8 ac. H2,290.1 3-1-M ac. 1,Q21.0 ac. 1,019.0 3,663.0 ac. 1,831.6 FAR 2.9 FAR 0.45 FAR 0.45 FAR 0.2-0.5 FAR 0.2 7SS11121 543,193 s. I. 543,193 s. I. 50.338,8076.f. 100,131,121 d. Hii!!i!i!m~~i$ll~~Il~7;!!lIitii i'I1Il~~~.~~!!it1!!~ifHi HFii!...iii4..4........4..8.......i.:,i...i~.ii.....,.51.....".0..i..i.I..2..1.....i.O..1......2.4i..........i.~.....:.~...........1... .FiFi44~:.9fl51~i:.2112~.il~:~ 1:: . ~ . iOl<it~ '>;:;,:)';r:;;LJU,.r:LJi",>~H";:' 188,1795.1. ..,160i~6s,f. 19,138.2936,f. '. 44,891 i128 ,S.f. 7,080,205 s.l. 7,Qfl9j02S s.l. 8,894,9525.1. 8,877,876 $.1. 15.955, 157 s.f. 15.956,899 s,t. 188,179 sf. '.' 180;926$:1. 19,138.2936.1. 44,891..128$,f, 17,850,512s.f. 1fl,69Z!,$o7 s,f. 8,894,952 s.l. 8,877,876 s,l. 26.515,461 6.f. 26.575,433 s.f. Notes: , Effective capacity lor non-residential development assumes development possible under the lower range 01 FAR intensity standards. Residential effective capacity was calculated by adding the ~ 3,232 units possible in the District Center with the existing 74,588 (Census 2000) housing units. , Land use desi9nation permits both residential and industrial development. Build-out assumed 50% 01 the land area will be developed as residential and 50% as industrial development. , Land use desgination permits both residential and commercial development. Build-out assumes 90% 01 land area will be developed as commercial and 10% will be developed as residential. FAR - fioor area ratio, d.u.-dwelling units, s.f. - square leet (01 fioor area). Acreage shown in table does not include roads in ri9ht-ol-way. . Effective capacity assumes FAR 010.2. 5 Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS Land Use Map illustrated in Exhibit 2. 7 5S~28 .....r ~!~;;g:f~11~ 0 - it :! ~~' SI'IM, 1111'1TNOJ , ."" ";S . 'AlJ. 9N11SlX3 :L_ ;"_"Jll\IlJa ~' _1 ,<C '~ -~'~ '~1 '" I ."^' lVlJH3V1/IN OJ $-81.1,3 1m'ill 1.1:Ill.'QW.Jl.:)'fl!..l. g.uOIEA! -.,--- 9N11SrX3 VIN'MO:lIL J'NVV1NVS A1IWVd-LL'InW'lIaONIa3! ,-;\ttr"J.S1 M3JAl:IIV.::f " , ,-'I i ')~" i // II! ':r'~-~:-L~ II, ,D -l-----r:=-::t- !!i'iE,+' f)" I J, : * . I' II , , , , I' , , tt , , 'f I'" , , , I , , , , , " , " , , I' II " , , , " " , , , , , , k I , , I' , j , , , , I' " , , , I , , , I , , , , , , , , , , 1..1 , , , I , , , , , , , I , , , , , , , , I' ,! " '! I: !I I' :j V Ii I i I ~! " !I I , , , , , , I , , , , , , , , , , , I Ili I': " I,i II': 1:1 jl i II: II: 1:1 :,1 ,.11 I, " " I: :1 ~:- tlll, I I , 1 I , ,I I , 1 , , , , 1 1 i I I I , ! I , : ,r-'" ,. III "'!II " ,I I: ~ ......-.., UJ ~ UJ > < II: ~ '0; b UJ "e,__;':':,>:'<< .' ~",.. 9 tL 0 !u z <{ 0 1-> z <{ !D P ~~ en ~! i'i 0 ~ ['j Ii: ~ ~ ! ! II II Ii 11111 II i illlillli..jl:! 111111111111111 1" II I i II ~ II, I I " , I ~: ~ !ntji~~iil I '''' I '" 0 i g _ '!i ~I!!I ~!IU ~lh ~!iil 1-1 jlll ~ !1l1 ,I. ' !ill.1I ,IJI... ~ din ~ m!! 1II ~~~~n rlJlil ~ II,!II I:I! il;; I:,' II.: , ";1 I;;S ~ !!lll ~ ,-01. J I!il! Ii! ~! 'II ,:!ii ~ Ii: 1!;iG I', 11,1 pii .1 1 IIi ,i Ilml III.!I "1,1 ~u. II l!:I'j' :!:I:,;I 'H _ ~llll __ _,,_,,". ""oI~~,,"." ;, Vl , , u , 0"- Il n !t~ '" I. '-0 >'-< 0 z~ ",::: u;2 <'" "-< ~;: < ,..,~ :;; ~ ..,- .., >== > >'-<>: - ""0 ,.., <0 < ,..,~ '" Zu Z ..,'" .., ,..,;2 ,.., Iji 1..1 11I1 @ I ; li~ TOWN HOME PARKING SURVEY RESULTS SURROUNDING ORANGE COUNTY CITIES p~..... TUSTIN 2.25 spaces per unit NEWPORT BEACH 2,25 spaces per unit ANAHEIM 2,25 spaces per 2 bedroom unit and 3,0 spaces for 3 bedroom unit FULLERTON 2,50 spaces per 2 bedroom unit and 3,0 spaces for 3 bedroom unit ORANGE 2,0 spaces per 2 bedroom unit and 2.2 spaces for 3 bedroom unit HUNTINGTON BEACH 2.50 spaces per 2 bedroom unit and 3.0 spaces for 3 bedroom unit GARDEN GROVE 2.75 spaces per 2 bedroom unit and 3.0 spaces for 3 bedroom unit "5BL~ EDINGER TOWN HOMES MITIGATION MONITORING PROGRAM ER 2004-198 Mitigation Measure The developer shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction of the project to the maximum extent feasible. Building plans shall identify the architectural coatings proposed for the project. Prior to commencement of construction activities, the project developer shall identify to the City a construction relation officer to act as a community liaison concerning onsite construction activity impacts. The name and phone number of the construction relation officer shall be posted on the project site To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: All material excavated or graded will be sufficiently watered to prevent Timing Prior to Building Permits Prior to Construction Prior to Grading Permits 1!1!f!~1f 1 of 10 Agency Planning/ Building Agency Approval Planning/ Building Agency excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage I or Stage 2 smog episodes. Streets surrounding the project site should be cleaned at the end of each day of construction. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. To the extent feasible, gasoline powered equipment 758-32 2 of 10 shall be used for onsite and offsite construction activities. Prior to the issuance of grading permits, the applicant shall prepare a site- specific geotechnical study that addresses the seismic and liquefaction constraints and soil conditions on the project site, the building load requirements and identifies design recommendations to ensure the geotechnical stability of the project. Prior to issuance of grading permits, the applicant shall submit for review and approval a surface drainage/grading/ero sion control plan prepared by a registered civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street shall be directed beneath the sidewalk and through the curb. Prior to Grading Permits Prior to Grading Permits 758-33 3 of 10 Planning/ Building Agency Public Works Agency Prior to the issuance of grading permits, the project developer shall show proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: A copy of the project's permit issued by the State Water resource Control Board that identifies the project's permit number (WDID). Two copies of the Storm Water Pollution Prevention Plan. Prior to the issuance of grading permits, the applicant shall prepare a Phase II Environmental Site Assessment to determine if there is any residual agriculture chemicals in the soil. In the event agriculture chemicals are present remediation of the soils shall occur prior to the commencement of grading operations. Prior to the issuance of grading permits, the applicant shall Prior to Grading Permits Prior to Grading Permits Prior to Grading Permits 758-34 4 of 10 Public Works Agency Planning/ Building Agency Planning/ Building Agency coordinate with the utility company to determine the presence of PCBs in the transforms along the project site. In the event PCBs are present the applicant shall coordinate with the utility company on the removal of the transformers. Prior to the issuance of grading permits, 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. Prove two copies of the Water Quality Management Plan that include the following: Site Assessment Site design BMPs Applicable Routine Source Control BMps Electing and sizing the Treatment Control BMPs Prior to Grading Permits Prior to Grading Permits 758-35 50t 10 Public Works Agency Public Works Agency Mechanisms by which funding for long- term operation and maintenance of all structural BMPs shall be provided Operation and Maintenance Plan to describe the long- term operation and maintenance requirements of all applicable structural BMPs and to identify the entity in charge of implementation Prior to issuance of grading permits the project applicant shall receive approval of NPDES Permit for the State regional Water Quality Control Board for proposed ansite dewatering operations. The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees Prior to issuance of grading permits the applicant shall identify if dewatering operations are necessary for the construction of the project. In the dewatering operations Prior to Grading Permits Prior to Grading Permit Prior to Grading Permits event Prior to Grading are Permi ts 756ij1"o36 Public Works Agency Public Works Agency Planning! Building Agency Public Works Agency required, prior to the issuance of grading permi ts, the applicant shall provide proof to the City of an NPDES permit from the Regional Water Quality Control Board for onsite dewatering operations. Prior to issuance of a grading permit, the project applicant shall submit a final surface water runoff evaluation for review and approval showing existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. Building Plans shall reflect that Sound- Rated windows with a Sound Transmission Class (STC) of 30 or greater shall be installed on all windows for the southern building fac;:ade fronting Edinger Avenue. Building Plans shall reflect that Sound- Rated windows with a Sound transmission Class (STC) of 28 or greater shall be installed on all windows for the Prior to Grading Permit Prior to Building Permits Prior to Building Permits 7 5,1~h;3 7 Public Works Agency Planning! Building Agency Planning! Building Agency eastern building fac;:ade facing Fairview Street. Building Plans shall reflect that Sound- Rated doors with a Sound Transmission Class (STC) of 30 or greater shall be installed on all doors for the southern building fac;:ade fronting Edinger Avenue. Building Plans shall reflect that building facades facing Edinger Avenue and Fairview Street are provided with mechanical ventilation with a minimum of two fresh air exchanges so that residential units can operate with a closed window condition. Building Plans shall reflect that building facades facing Edinger Avenue and Fairview Street are provided with roofing systems that have a minimum of Yz-inch plywood sheathing and minimum insulation of R-19 for all attic spaces. All Attic vents shall be oriented away from Edinger Avenue and Fairview Prior to Building Permits Prior to Building Permits Prior to Building Permits Prior to Building Permits 7 5~;;38 Planning/ Building Agency Planning/ Building Agency Planning/ Building Agency Planning/ Building Agency Street Grading Plans and Building Plans for the proposed project shall note "Construction activities on the project site shall only take place between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday and no construction activity shall take place on Sundays or federal holidays". Grading Plans and Building Plans for the proposed project shall note "No construction equipment on the project site shall operate including warming up until after 7:00 a.m". Grading Plans and Building Plans for the proposed project shall note "All construction equipment shall be properly maintained and tuned to minimize noise emissions and all equipment shall be fitted with properly operating mufflers and air intake silencers" . Grading Plans and Building Plans for the proposed project shall note "Stockpiling and vehicle staging Prior to Grading Permit and Building Permit Prior to Grading Permit and Building Permit Prior to Grading Permit and Building Permit Prior to Grading Permit and Building Permit 7Sa'139 Planning/ Building Agency Planning/ Building Agency Planning/ Building Agency Planning/ Building Agency areas shall be located away from existing residential uses". 7q~1~O Tentative Tract Map No. 2005-07 November 14, 2005 Page 1 of 2 Findings of Fact A. The proposed project, as conditioned, and its design and improvements are consistent with the Medium Density Residential land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. Tentative Tract Map No. 2005-07 is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. B. The proposed proj ect , as requirements of the zoning applicable City ordinances. conditioned, conforms and subdivision codes, to all applicable as well as other The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Tentative Tract Map No. 2005-07 is in keeping with the provisions of the site plan review (Development Project No. 2004-73) and Chapters 34 and 41 of the Santa Ana Municipal Code, all of which pertain to the subdivision of land and development standards for the site. C. The project site is physically suitable for the type and density of the proposed project. The proj ect site consists of approximately 3.1 acres of land within the Two-Family Residence zoning district. The proposed subdivision contains adequate frontage and lot size for the development. The parcel and its location have been determined to be capable of supporting the type and density of the proposed proj ect . There are no physical constraints on the site to preclude development. D. The design and improvements of the proposed proj ect substantial environmental damage or substantially injure fish or wildlife or their habitat. will not cause and avoidably There are no wetlands or unusual proj ect site. No development substantially affected by this flora or fauna on or around the surrounding this site will be proposal. Mitigated Negative fm!lJ1f Tentative Tract Map No. 2005-07 November 14, 2005 Page 2 of 2 Declaration No. 2004-198 has been prepared for the proposed proj ect, identifying potential impacts and mitigation measures aimed at reducing any environmental impact associated with this project. E. The design or improvements of the proposed proj ect will not cause serious public health problems. The proposed infill development is for a 44 unit residential townhome development and will be in compliance with all regulations and conditions specified in the Santa Ana Municipal Code with the exception of parking, height, setbacks and access. The proposed variances will not cause any serious health impacts or health problems. Additionally, mitigation measures such as sound rated windows and doors will be incorporated into the buildings to avoid any noise impacts. F. The design of improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. There are no easements that would affect the use or development of this site. Approval of Tentative Tract Map No. 2005-07 will not create conflicts with the easements necessary for public access through the property, as no such easements currently exist. 758-42 NOVEMBER 14, 2005 PAGE 1 OF4 Conditions for Approval Tentative Tract Map No. 2005-07 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 subdivision. The applicant must remain in compliance with all conditions listed below throughout the life of the subdivision. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 04-73) . 2. The Covenants, Conditions and Restrictions (CC&Rs) must approved by the Planning Division prior to the issuance of building permit. Such CC&Rs must contain at a minimum, following: be any the a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. h. Parking limitations including no parking in driveways. 3. A final map must be approved and recorded prior to issuance of building permits. 4. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 18'frJ4! NOVEMBER 14, 2005 PAGE20F4 5. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division and Public Works Agency within 10 days of recordation. 6. Prior to the issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, tile walls, tiled shower enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum they will include a product line for the high grade appliances, all cabinets be made of a stain grade, the use of smooth wall and ceiling interior drywall finish and washers and dryers in each residential unit. 7. Provide for lighting and landscape maintenance. The lighting plan and design will be reviewed by the Planning Division during the lighting plan check phase. 8. Development, operational and maintenance standards shall be established for the number, style and location of benches. These benches shall be reviewed and approved when the landscapes are submitted into plancheck. 9. Common area amenities shall comply with the following: a. Pursuant to the Plan (Exhibits 6 and 7), plazas, drive aisles, pedestrian walkways and common area amenities for the proj ect shall be completely installed prior to the issuance of a certificate of occupancy for the proj ect phase that includes the open space. 10. pedestrian walkways shall be provided throughout the proj ect site as shown on the Plan (Exhibits 6 and 7). The amenities to be provided along this pathway shall include decorative concrete, accent lighting, landscape planters with vertical landscape as shown on the Landscape Plan. These improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 758-44 NOVEMBER 14, 2005 PAGE 3 OF4 11. A minimum seven-foot high wall shall be constructed around the perimeter of the site and consist of a decorative block such as splitface or slumpstone, with contrasting pilasters and decorative trim caps. Prior to the issuance of building permits, a wall and fencing plan shall be submitted for review and approval by the Planning Division. 12. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. Prior to the issuance of building permits, a site furniture plan shall be submitted to the Planning Division for review and approval. 13. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. 14. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. 15. The courtyards shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees and plant material. 16. Prior to the issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. All exterior plaster surfaces shall have a smooth-troweled finish. 17. Prior to the issuance of building permits, the applicant shall submit for review and approval by the Planning Division a window schedule detailing the proj ect windows. Acceptable windows for the project are wooden or metal-clad wooden materials with substantial use of detail. 18. The courtyards and all paving shall be completely installed prior to the issuance of any certificate of occupancy. 19. An open space area measuring a minimum of 5,400 square feet in area shall be located at the rear of the project entry adjacent to the northerly property line. The open space shall include informal modern outdoor furniture, seating areas, playground equipment and landscape trees and material to be reviewed and approved by the Planning Division prior to Building Permit issuance. 758-45 NOVEMBER 14, 2005 PAGE40F4 20. All garages shall contain double wall insulated garage doors with an automatic opener and transmitter. 21. All units along the northerly property line shall be limited to 27 feet, or two stories in height. 22. Light shields shall be installed for all light standards adjacent to residential uses to avoid light intrusion and comply with Chapter 41-1304 (c) and Chapter 8-211 (m) (4) of the Santa Ana Municipal Code. 23. All third story windows shall utilize obscure surrounding neighbors. facing glass the to northerly property ensure privacy to line the Mitigation Measures 24. The project shall comply with the attached Mitigation Monitoring Plan (Exhibit 11). 758-46 Variance No. 2005-53 (parking) November 14, 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 proposed townhomes are a unique type of residential product that has not been constructed in the city for several years. Although the City's established townhome standards require guest parking in the amount of four parking spaces per unit, a survey conducted by staff revealed that the nature of this type of development requires less parking than is addressed by the current code. Based on the results of the parking survey, it is anticipated that the proposed request to reduce the parking requirement of the proj ect from 4 to 3.2 parking spaces per unit will not result in inadequate parking capacity. The variance will allow the applicant the ability to use the property in a manner that is consistent with the current requirements for townhomes in surrounding cities. 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 applicant's ability to develop an otherwise underutilized site which has been vacant for several years. John Laing Homes would like to proceed with a request for a decrease from 4 to 3.2 parking spaces which is consistent with other similar sized projects that have been built without negative impacts. 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 as the unit orientation and location of proposed townhomes have been situated to avoid impacts to the homeowners to the north and east of the site. Townhome parking will be provided directly below each townhome, with guest parking situated to the north of the site and screened from existing residences 7tm~~1 variance No. 2005-53 (parking) November 14, 2005 Page 2 of 2 with a seven-foot high decorative wall and landscaping. Additionally, a mitigated negative declaration was prepared which incorporated various mitigation measures to ensure that any impacts are reduced to below any level of significance. 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 Two-Family Residence (R2) zoning and proposed Medium-Density Residential land use designation are consistent with the proposed townhome proposal. 758-48 NOVEMBER 14, 2005 PAGEI0Fl Conditions for Approval Variance No. 2005-53 (parking) 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. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04-73. 2. The project shall provide a minimum of 142 parking spaces including 88 enclosed garage spaces and 54 guest parking spaces. The minimum parking stall size is 8 -1/2 feet wide by 18 feet in length. All stalls shall be double striped and shall not encroach into required landscaped areas. ~~~~ Variance No. 2005-54 (height) November 14, 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 current height requirement of 27 feet and two stories in height would not allow for a townhome project with a courtyard configuration to include tuck-under garages accessed off an alley motor court. In order to provide the additional amenity of enclosed parking garages immediately available to each homeowner and ensure adequate amounts of open space and landscaping, a maximum height of 35 feet and three stories in height is proposed. Additionally, the proposed project features smaller-scale forms such as recessed windows, projecting balconies and other significant elements which visually reduce the height and scale of the proposed buildings. 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 ability to develop a townhome community featuring and amenities that suit the needs of prospective two-story product would limit the bedroom count areas which would potentially jeopardize the ability to develop the subject site. applicant's unit sizes buyers. A and 1 i ving applicant's 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 as the unit orientation and location of proposed townhomes have been situated to avoid impacts to the homeowners to the north and east of the site. The individual units will provide a minimum setback of 60 feet to the closest single family residential units along the northerly property line in order to ~!!50 Variance No. 2005-54 (height) November 14, 2005 Page 2 of 2 ensure privacy and reduce any potential noise impacts. The proposed three-story units utilize space well, will conceal visible parking through enclosed garages at the ground level and create a privacy buffer to the adjacent residential uses. 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 Two-Family Residence (R2) zoning and proposed Medium-Density Residential land use designation are consistent with the proposed townhome proposal. The variance will allow for the ground floor space of the project to be utilized for enclosed parking areas and will not add additional living area which would not result in any impacts to the General Plan. 758-51 NOVEMBER 14, 2005 PAGE10F1 Conditions for Approval Variance No. 2005-54 (height) 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. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04-73. 2 . The project shall not height, as measured from the top of the structure. exceed 35 feet or three stories in the lowest grade of the structure to 3. All townhome units facing or immediately adjacent to the northerly property line at the rear of the project site shall not exceed two stories in height. 4. Accessory structures shall not exceed 15 feet or one story in height. ~~5~ Variance No. 2005-55 (setbacks) November 14, 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. A minimum 10-foot landscaped buffer is required along Edinger Avenue per Section 41-280 of the Santa Ana Municipal Code. Due to the configuration of the units along Edinger Avenue and an attempt at creating a varied street presence, the applicant is requesting a three-foot relief from the code on two of the units. The two units will have entrances directly accessible from Edinger Avenue providing architectural interest at the street level. Due to the layout and configuration of the clustered townhome concept, it would be difficult to accommodate the 10 feet requirement at this location. 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 setback variance will preserve the applicant's ability to develop the property as a well-designed townhome community that is consistent with the Two-Family Residence (R2) zoning district. A proj ect that has a direct relationship to the street with a varied setback along Edinger Avenue will provide visual interest to the project site. Upgraded architectural materials and landscape palette will be incorporated throughout the proposed John Laing Homes development to compensate for the reduction in setbacks. 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 setback variance will not be materially detrimental to the public welfare or injurious to surrounding property. Mitigated Negative Declaration No. 2004-198 identified any potential or adverse impacts will be mitigated through mitigation measures identified in the document. t!B!~ Variance No. 2005-55 (setbacks) November 14, 2005 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The proposed project will not adversely affect the General Plan. The townhome concept is consistent with the proposed General Plan Land Use Element designation of Medium-Density Residential (MR-15) The proposal is supported by the Land Use Element Goal: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, to promote a balance of land uses to address basic community needs. 758-54 NOVEMBER 14, 2005 PAGEI0Fl Conditions for Approval Variance No. 2005-55 (setbacks) 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. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04-73. 2. The three-foot reduction in required landscape setback shall not exceed 30 linear feet, as measured from the front property line along Edinger Avenue. tfn!!5~ Variance No. 2005-56 (floor plan configuration) November 14, 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. A minimum of 40 percent of living area is required on the ground level per the City's townhome standards. Gi ven that the proposed townhome product includes two-car enclosed garages for each homeowner, there is not enough floor space within the site to provide 40 percent of floor space on the ground level. Although a majority of units will contain a living area on the ground level, ten of the units will be accessed via a landing to the primary living areas on the second and third floors. It is not anticipated that lack of 40 percent living area on the ground floor for each unit will affect the aesthetic or functional quality of the project. 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 for access will preserve the applicant's ability to develop the property as a well-designed townhome community that is consistent with the Two-Family Residence (R2) zoning district. In order to satisfy the needs of the prospective buyers and the City requirement for an enclosed two-car garage per unit, the majority of the living area for each townhome will be on the second and third floors. In order to ensure that the visual quality of the project is preserved, all staircases for the proposed project are enclosed within the individual units and each townhome will be directly accessible and visible from the street. 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 for access will not be materially detrimental to the public welfare or injurious to surrounding property. Mitigated Negati ve Declaration No. 2004 -198 identified any potential or adverse impacts will be mitigated through mitigation measures identified in the document. 7m!f~~ Variance No. 2005-56 (floor plan configuration) November 14, 2005 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The proposed project will not adversely affect the General Plan. The townhome concept is consistent with the proposed General Plan Land Use Element designation of Medium-Density Residential (MR-15) The proposal is supported by the Land Use Element Goal: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, to promote a balance of land uses to address basic community needs. 758-57 NOVEMBER 14, 2005 PAGE 1 OF1 Conditions for Approval Variance No. 2005-56 (floor plan configuration) 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. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04-73. t~!~ KO-11/29/05 RESOLUTION NO, 2005-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM (ENVIRONMENTAL REVIEW NO, 2004-198); APPROVING TENTATIVE TRACT MAP NO. 2005-07 AS CONDITIONED, VARIANCE NO. 2005-53 AS CONDITIONED FOR A REDUCTION IN THE NUMBER OF REQUIRED PARKING SPACES, VARIANCE NO. 2005-54 AS CONDITIONED TO EXCEED THE MAXIMUM ALLOWABLE HEIGHT, VARIANCE NO. 2005-55 AS CONDITIONED TO REDUCE THE REQUIRED FRONT YARD LANDSCAPING AND VARIANCE NO. 2005-56 AS CONDITIONED TO REDUCE THE FLOOR PLAN CONFIGURATION FOR THE PROPERTY LOCATED AT 2823-2929 WEST EDINGER AVENUE 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 to develop 44 townhomes at 2823-2929 West Edinger Avenue. To allow the proposed project, the applicant is requesting approval of a General Plan Amendment from Low Density Residential (LR-7) to Medium Density Residential (MR-15). Additionally, the request includes a tract map in order to consolidate six existing parcels and create 44 residential units for condominium purposes. As proposed, variances are required to allow a reduction from the City's townhouse development standards for parking, height, front yard setbacks, and ground floor access. B. The Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2004-188, General Plan Amendment No. 2005-01, Tentative Tract Map No, 2005-07, Variance No. 2005-53 from number of required parking spaces, Variance No, 2005-54 from maximum allowable height, Variance No. 2005-55 from required front landscaped setback, and Variance No. 2005-56 from floor plan configuration, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 14, 2005. The Planning Commission 758-59 unanimously voted to recommend that the City Council approve the above referenced actions. C, On December 5, 2004, the City Council of the City of Santa Ana held a duly noticed public hearing on Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2004-188, General Plan Amendment No. 2005-01, Tentative Tract Map No. 2005-07, Variance No. 2005-53, Variance No. 2005-54, Variance No. 2005-55, Variance No. 2005-56. D. Tentative Tract Map No. 2005-07 consolidates the six existing parcels into one comprehensive development site and creates a condominium subdivision for each of the 44 townhomes, The City Council of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Medium Density Residential land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans, Tentative Tract Map No. 2005-07 is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes, as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act provisions, Tentative Tract Map No, 2005-07 is in keeping with the provisions of the site plan review (Development Project No. 2004-73) and Chapters 34 and 41 of the Santa Ana Municipal Code, all of which pertain to the subdivision of land and development standards for the site, 3. The project site is physically suitable for the type and density of the proposed project. The project site consists of approximately 3.1 acres of land within the Two-Family Residence zoning district. The proposed subdivision contains adequate frontage and lot size for the development. The parcel and its location have been determined to be capable of supporting the type and 758-60 density of the proposed project. There are no physical constraints on the site to preclude development. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no wetlands or unusual flora or fauna on or around the project site. No development surrounding this site will be substantially affected by this proposal. Mitigated Negative Declaration No, 2004-198 has been prepared for the proposed project, identifying potential impacts and mitigation measures aimed at reducing any environmental impact associated with this project. 5. The design or improvements of the proposed project will not cause serious public health problems, The proposed infill development is for a 44 unit residential town home development and will be in compliance with all regulations and conditions specified in the Santa Ana Municipal Code with the exception of parking, height, setbacks and access, The proposed variances will not cause any serious health impacts or health problems. Additionally, mitigation measures such as sound rated windows and doors will be incorporated into the buildings to avoid any noise impacts. 6, The design of improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. There are no easements that would affect the use or development of this site, Approval of Tentative Tract Map No. 2005-07 will not create conflicts with the easements necessary for public access through the property, as no such easements currently exist. E. Santa Ana Municipal Code Section 41-282 requires off-street parking for town homes to be provided at a rate of two parking spaces per unit plus two guest spaces. The applicant is requesting approval of Variance No. 2005-53 to reduce off-street requirements by 34 parking spaces. The City Council determines that for Variance No, 2005-53, 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: 758-61 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 proposed town homes are a unique type of residential product that has not been constructed in the city for several years, Although the City's established town home standards require guest parking in the amount of four parking spaces per unit, a survey conducted by staff revealed that the nature of this type of development requires less parking than is addressed by the current code, Based on the results of the parking survey, it is anticipated that the proposed request to reduce the parking requirement of the project from 4 to 3,2 parking spaces per unit will not result in inadequate parking capacity, The variance will allow the applicant the ability to use the property in a manner that is consistent with the current requirements for townhomes in surrounding cities. 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 applicant's ability to develop an otherwise underutilized site which has been vacant for several years, John Laing Homes would like to proceed with a request for a decrease from 4 to 3,2 parking spaces which is consistent with other similar sized projects that have been built without negative impacts. 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 as the unit orientation and location of proposed townhomes have been situated to avoid impacts to the homeowners to the north and east of the site. Townhome parking will be provided directly below each townhome, with guest parking situated to the north of the site and screened from existing residences with a seven-foot high decorative wall and landscaping. Additionally, a mitigated negative declaration was prepared which incorporated various mitigation measures to ensure that any impacts are reduced to below any level of significance. 758-62 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 Two-Family Residence (R2) zoning and proposed Medium-Density Residential land use designation are consistent with the proposed town home proposal. F. Santa Ana Municipal Code Section 41-277(a) limits the height of town homes to 27 feet and no more than two stories in height. The applicant is requesting approval of Variance No. 2005-54 to allow a maximum height of 35 feet and three stories in height for 30 units with the remaining 14 units complying with the height limit. The City Council determines that for Variance No. 2005-54, 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, 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 current height requirement of 27 feet and two stories in height would not allow for a town home project with a courtyard configuration to include tuck-under garages accessed off an alley motor court. In order to provide the additional amenity of enclosed parking garages immediately available to each homeowner and ensure adequate amounts of open space and landscaping, a maximum height of 35 feet and three stories in height is proposed. Additionally, the proposed project features smaller-scale forms such as recessed windows, projecting balconies and other significant elements which visually reduce the height and scale of the proposed buildings. 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 applicant's ability to develop a townhome community featuring unit sizes and amenities that suit the needs of prospective buyers, A two-story product would limit the bedroom count and living 758-63 areas which would potentially jeopardize the applicant's ability to develop the subject site. 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 as the unit orientation and location of proposed town homes have been situated to avoid impacts to the homeowners to the north and east of the site, The individual units will provide a minimum setback of 60 feet to the closest single family residential units along the northerly property line in order to ensure privacy and reduce any potential noise impacts. The proposed three-story units utilize space well, will conceal visible parking through enclosed garages at the ground level and create a privacy buffer to the adjacent residential uses. 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 Two-Family Residence (R2) zoning and proposed Medium-Density Residential land use designation are consistent with the proposed town home proposal. The variance will allow for the ground floor space of the project to be utilized for enclosed parking areas and will not add additional living area which would not result in any impacts to the General Plan, G. Santa Ana Municipal Code Section 41-280 requires townhome units to provide a minimum 10-foot landscaped buffer between the buildings and Edinger Avenue, The applicant is requesting Variance No. 2005-55 to allow a seven-foot landscaped setback from the site perimeter wall for two of the units. The City Council determines that for Variance No. 2005-55, 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, 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. 758-64 A minimum 10-foot landscaped buffer is required along Edinger Avenue per Section 41-280 of the Santa Ana Municipal Code. Due to the configuration of the units along Edinger Avenue and an attempt at creating a varied street presence, the applicant is requesting a three-foot relief from the code on two of the units. The two units will have entrances directly accessible from Edinger Avenue providing architectural interest at the street level. Due to the layout and configuration of the clustered townhome concept, it would be difficult to accommodate the 10 feet requirement at this location. 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 setback variance will preserve the applicant's ability to develop the property as a well-designed town home community that is consistent with the Two-Family Residence (R2) zoning district. A project that has a direct relationship to the street with a varied setback along Edinger Avenue will provide visual interest to the project site. Upgraded architectural materials and landscape palette will be incorporated throughout the proposed John Laing Homes development to compensate for the reduction in setbacks. 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 setback variance will not be materially detrimental to the public welfare or injurious to surrounding property, Mitigated Negative Declaration No. 2004-198 identified any potential or adverse impacts will be mitigated through mitigation measures identified in the document. 4, That the granting of a variance will not adversely affect the General Plan of the City. The proposed project will not adversely affect the General Plan. The townhome concept is consistent with the proposed General Plan Land Use Element designation of Medium-Density Residential (MR-15), The proposal is supported by the Land Use Element Goal: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, to promote a balance of land uses to address basic community needs. 758-65 H. Santa Ana Municipal Code Section 41-286(a) requires a minimum of 40 percent of living area to be accessible from the ground level. The applicant is requesting Variance No. 2005-56 for relief from this code requirement. The City Council determines that for Variance No. 2005-56, 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, 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. A minimum of 40 percent of living area is required on the ground level per the City's townhome standards, Given that the proposed town home product includes two-car enclosed garages for each homeowner, there is not enough floor space within the site to provide 40 percent of floor space on the ground level. Although a majority of units will contain a living area on the ground level, ten of the units will be accessed via a landing to the primary living areas on the second and third floors, It is not anticipated that lack of 40 percent living area on the ground floor for each unit will affect the aesthetic or functional quality of the project. 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 for access will preserve the applicant's ability to develop the property as a well-designed town home community that is consistent with the Two-Family Residence (R2) zoning district. In order to satisfy the needs of the prospective buyers and the City requirement for an enclosed two-car garage per unit, the majority of the living area for each townhome will be on the second and third floors. In order to ensure that the visual quality of the project is preserved, all staircases for the proposed project are enclosed within the individual units and each townhome will be directly accessible and visible from the street. 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 for access will not be materially detrimental to the public welfare or injurious to surrounding 758-66 property. Mitigated Negative Declaration No. 2004-198 identified any potential or adverse impacts will be mitigated through mitigation measures identified in the document. 4. That the granting of a variance will not adversely affect the General Plan of the City. The proposed project will not adversely affect the General Plan. The town home concept is consistent with the proposed General Plan Land Use Element designation of Medium-Density Residential (MR-15). The proposal is supported by the Land Use Element Goal: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, to promote a balance of land uses to address basic community needs, 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 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") 9 735.5(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 9 711.2 and Title XIV, CCR 9 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council after conducting the public hearing hereby approves: A. Tentative Tract Map No, 2005-07 as conditioned in Exhibit "A" attached hereto and incorporated herein, B. Variance No, 2005-53 from number of required parking spaces as conditioned in Exhibit "B" attached hereto and incorporated herein. C. Variance No. 2005-54 from maximum allowable height as conditioned in Exhibit "C" attached hereto and incorporated herein. 758-67 D. Variance No. 2005-55 from required front landscaped setback as conditioned in Exhibit "0" attached hereto and incorporated herein. E. Variance No. 2005-56 from floor plan configuration as conditioned in Exhibit "E" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated December 5, 2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. 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 ,2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W, Fletcher, City Attorney By: Kylee 0, Otto Assistant City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members 758-68 CERTIFICATE OF ATTESTATION AND ORIGINALITY I , PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-114 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 758-69 Conditions for Approval for Tentative Tract Map No. 2005-07 Tentative Tract Map No. 2005-07 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 subdivision. The applicant must remain in compliance with all conditions listed below throughout the life of the subdivision. A. Plannina Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 04-73). 2. The Covenants, Conditions and Restrictions (CC&Rs) must be approved by the Planning Division prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a, Project Maintenance, b, Standards shall be established for the exterior maintenance of each unit within the community. c, Graffiti removal will be required within 48 hours. d, Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage, e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. h. Parking limitations including no parking in driveways. 3. A final map must be approved and recorded prior to issuance of building permits. 4. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 5. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division and Public Works Agency within 10 days of recordation, Exhibit A Page 1 of 4 758-70 6. Prior to the issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, tile walls, tiled shower enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum they will include a product line for the high grade appliances, all cabinets be made of a stain grade, the use of smooth wall and ceiling interior drywall finish and washers and dryers in each residential unit. 7, Provide for lighting and landscape maintenance. The lighting plan and design will be reviewed by the Planning Division during the lighting plan check phase. 8, Development, operational and maintenance standards shall be established for the number, style and location of benches. These benches shall be reviewed and approved when the landscapes are submitted into plan check. 9. Common area amenities shall comply with the following: a, Pursuant to the Plan (Attachment 1 and 2), plazas, drive aisles, pedestrian walkways and common area amenities for the project shall be completely installed prior to the issuance of a certificate of occupancy for the project phase that includes the open space. 10. Pedestrian walkways shall be provided throughout the project site as shown on the Plan (Attachment 1 and 2), The amenities to be provided along this pathway shall include decorative concrete, accent lighting, landscape planters with vertical landscape as shown on the Landscape Plan. These improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 11. A minimum seven-foot high wall shall be constructed around the perimeter of the site and consist of a decorative block such as splitface or slumpstone, with contrasting pilasters and decorative trim caps. Prior to the issuance of building permits, a wall and fencing plan shall be submitted for review and approval by the Planning Division. 12. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. Prior to the issuance of building permits, a site furniture plan shall be submitted to the Planning Division for review and approval. Exhibit A Page 2 of 4 758-71 13. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. 14. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. 15, The courtyards shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees and plant material. 16. Prior to the issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. All exterior plaster surfaces shall have a smooth- troweled finish. 17. Prior to the issuance of building permits, the applicant shall submit for review and approval by the Planning Division a window schedule detailing the project windows, Acceptable windows for the project are wooden or metal-clad wooden materials with substantial use of detail. 18. The courtyards and all paving shall be completely installed prior to the issuance of any certificate of occupancy. 19. An open space area measuring a minimum of 5,400 square feet in area shall be located at the rear of the project entry adjacent to the northerly property line. The open space shall include informal modern outdoor furniture, seating areas, playground equipment and landscape trees and material to be reviewed and approved by the Planning Division prior to Building Permit issuance. 20. All garages shall contain double wall insulated garage doors with an automatic opener and transmitter. 21. All units along the northerly property line shall be limited to 27 feet, or two stories in height. 22. Light shields shall be installed for all light standards adjacent to residential uses to avoid light intrusion and comply with Chapter 41-1304(c) and Chapter 8-211 (m)(4) of the Santa Ana Municipal Code. 23. All third story windows facing the northerly property line shall utilize obscure glass to ensure privacy to the surrounding neighbors. Exhibit A Page 3 of 4 758-72 MitiQation Measures 24, The project shall comply with the attached Mitigation Monitoring Plan (Attachment 3) Exhibit A Page 4 of 4 758-73 ~ ~ - j "-I '. ' , !.>I!i. ~ ;. '" t I ' ~.1;9 .i:,;:.:l"6....'" QI'1! 1!!~ii !h, <".,.. g. ""..,,.... -I . " _1! " H .1FI E ~ei&i~pu ':;:B~~l" ?-,:"".h ~ "., ...... 0 ~ r ..... ~"" ~hfm,g~^J ~~: :' ~':<' :: :" '" R ~::: t:; il; lW'l.UII3a1S31f !JNUSID , ~ @ J .~ I I 1 , 1 I Iii 1 , ATIA~L7 4 lYI:n'3WWO=- f>NIJ.$IX3 ,f ; .~:: ~ J ,; ,; ~ ,~ ;- .\I .~ ~ ~ ~ l' ~~ " j', ~ ~ "' iJj - ~ . . ~ ! ' i ! J' J ~ ill . " "~ -:' I . J ~ f ; ~ ~'! [dl!!~jj,jlil; fJ ; ~ 11 \ I ~', . . ", j'l i "'it,li H tht!J] , , il} H:! 1 Jj j ; 0 , , I j J , J , , , " ~ " , II ..?:-- 'E o 1.1;-.2 ..::s,t :): 0 ~'~ (0 i.3 ~ ~ 0,1 ~ ,- i ~'IL,I' d l..U l;;.. !~ 8 JI. I ! 1;. .. ~ ~ ~ :;. :;. . ! ! j , , ! j J . . j , , J ; ~ ; ~ ~ . i " ~ J '~ j C i ! f ! ~ . j i ~ ~ , ; i , .' I .", : ! ~ } ~ J ~ ~ ,f oS. ~ l .1 ; _ ~ ~ ~- " :l. i ~ > J J \ ! l i; j ~ J ; { } ~..s......o... j: tj: , >\ ll, 1 ; " , f . ",1 =-f '-e ,j .;:;~ UJ '0 . z e , :1 i-- '" '" ~ ~ . .- ~ o .- "00 "" A'75!f.!7 5 '!"l ~ g;~ =>~ ~! o ~i~ a: ':;::'i~ (j .:i~ ~~ :;~ ~!;H o I 'lJ,_:,:c . - " , . ' ~ i >= o .~ 'tj " ill " - '" ...... " ;. .;:: o 00 <I.) s o ~ ~ ~ .... <I.) 'O/l) ~ ..... ~ ]:.I..:! EDINGER TOWN HOMES MITIGATION MONITORING PROGRAM ER 2004-198 Mitigation Measure The developer shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction of the project to the maximum extent feasible. Building plans shall identify the architectural coatings proposed for the project. Prior to commencement of construction activities, the project developer shall identify to the City a construction relation officer to act as a community liaison concerning ansite construction activity impacts. The name and phone number of the construction relation officer shall be posted on the project site To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: All material excavated or graded will be sufficiently watered to prevent Timing Prior to Building Permi ts Approval Agency Planning/ Building Agency Prior to ConstTuction Planning/ Building Agency Prior to Grading Permits ATIACIIMENT 3 758-76 1 of 10 excessive amounts 0= dus t . IiJa ter ing wi th complete coverage shall occur at least twice daily, once lD the late morning and once after work lS done for the day. AI] clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes_ Streets surrounding the project site should be cleaned at the end of each day of construction. All material transported offsite shall either be sufficiently wa~ered or securely covered to prevent excessive amounts of dust. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications_ To the extenL feasible, gasoline powered equipment 7~~-77 shall be used for onsite and offsite cOllf',truction activities. Prior to the issuance of grading permits, the applicant shall prepare a site- specific geotechnical study that addresses the seismic and liquefaction constraints and soil conditions on the project site, the building load requirements and iden~ifies design recommendations to ensu~e the I geotechnical stability of the project. Prior to issuance of grading permits, the applicant shall submit for review and approval a surface drainage/grading/ero sian control plan prepared by a registered civil Engineer, showing the direction and means of flow to the adjacent street. The plan ~s to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street shall be directed beneath ~he sidewalk and through the C'.lrD. Prior to Grading Permits Planning/ Building Agency Prior to Grading Permits Public Works Agency 7~~-78 Prior to the lssuance of grading permits, the project developer shall show proof or coverage under NPDES General Construction Activity Storm Water Permit that includes: A copy of the project's permit issued by the State Water resource I Control Board that identifies the project's permit number (WDID). Two caples of the Storm Water Pollution Prevention Plan. Prior to the lssuance of grading permits, the applicant shall prepare a Phase II Environmental Site Assessment to determine if there lS any residual agriculture chemicals in the soil. In the event agriculture chemicals are present remediation of the soils shall occur prior to the commencement of grading operations. Prior to the issuance of grading permits, the applicant shall Prior to Grading Permits Public Works Agency Prior to Grading Permits Planning! Building Agency Prior to Grading Permits Planning! Building Jl~gency 7.Po~-79 coordinate with the utility company to determine the presence of PCBs in the transforms along the project site. In the event PCBs are present the applicant shall coordinate with the utility company on the removal of the transformers. Prior to the Prior to Public Works issuance of grading Grading Agency permits, the Permits 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. Prove two copies of Prior to Public Works the Water Quality Grading Agency Nanagement Plan that Permits include the following: Site p.~ssessment Site design BMPs P,pplicable Eoutine Source Control BMps Electing and sizing the 'Treatment Control BlvIPs 7 Po~-80 Mechanisms by which funding for long- term opeyation and maintenance of all structural BMPs shall be provided Operation and Maintenance Plan to describe the long- term operation and maintenance requirements of all applicable structural BMPs and to identify the entity in charge of implementation Prior to issuance of grading permits the project applicant shall receive approval of NPDES Permit for the State regional Water Quality Control Board for proposed onsite dewatering operations. The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees Prior to issuance of grading permits the applicant shall identify if dewatering operations are necessary for the construction of the project. Prior to Grading Permits Prior to Grading Permit Prior to Grading Permits In the dewatering operations event Prior to Grading are Permi ts 7 ~~-81 Public Works Agency Public Works Agency Planning/ Building Agency Public Works l,gency required, prior to the lssuance or grading perroi ts, the applicant shall provj de proof to the City of an NPDES permit rrom the Regional Water Quality Control Board for onsi te dewatering operations. Prior to issuance of a grading permit, the project applicant shall submit a final surface water runoff evaluation for review and approval showing existing and proposed racilities and methods of draining the site without exceeding the capaci ty of any street or adjacent storm drain racility. Building Plans shall reflect that Sound- Rated windows with a Sound Transmission Class (STC) of 30 or greater shall be installed on all windows for the southern building fa<;:ade fronting Edinger Avenue. Building Plans shall reflect that Sound- Rated windows with a Sound transmission Class (STCI of 28 or greater shall be installed on all windows ror the Prior to Grading Permit Prior to Building Permits Prior to Building Permits 7 9J~o-82 Public Works Agency Planning/ Building Agency Planning/ Building Agency eastern building fac;ade racing Pairview Street. Building Plans shall reflect that Sound- Rated doors with a Sound 'Transmission Class (STC) of 30 or greater shall be installed on all doors for the southern building fac;ade fronting Edinger Avenue. Building Plans shall reflect that building facades facing Edinger Avenue and Fairview Street are provided with mechanical ventilation with a minimQ~ of two fresh air exchanges so that residential units can operate with a closed window condition. Building Plans shall reflect that building facades facing Edinger Avenue and Fairview Street are provided with roofing systems that have a minimum of %-inch plywood sheathing and minimum insulation I of R-19 for all I attlc spaces. i p~ll Atti.c vents I i shall be oriented I away from Edinger I <I'.,venue and Fairview Prior to Building Permits Planning/ Building Agency Prior 'Co Building Permits Planning/ Building Agency Prior to Building Permits Planning/ Building Agency Prior to Building Permits planning/ Building F.gency 7 pJ~o-83 Street Grading Plans and Building Plans for the proposed project shall note "Construct.ion activities on the project site shall only take place between ~he hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday and no construction activity shall take place on Sundays or federal holidaysH. Grading Plans and Building Plans for the proposed project shall note "No construction equipment on the project site shall operate including warming up until after 7:00 a.m". Grading plans and Building Plans for the proposed project shall note "All construction equipment shall be properly maintained and tuned to minimize noise emissions and all equipment shall be fitted with properly operating mufflers and air intake silencers If . Grading Plans and Building Plans for the proposed project shall note n Stockpil ing and vehicle staging Prior to Grading Permit and Building Permit Prior to Grading Permit and Building Permit Prior to Grading Permit and Building Permit I Prior to Grading Permit and Building Permit 7~~-84 Planning/ Building Agency Planning/ Building Agency planning/ Building Agency Planning/ Building Agency areas shall be located away from existing residential uses" . 719J~;85 Conditions for Approval for Variance No. 2005-53 Variance No. 2005-53 (parking) 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 1. The project shall remain in compliance with Site Plan Review DP No. 04- 73, 2. The project shall provide a minimum of 142 parking spaces including 88 enclosed garage spaces and 54 guest parking spaces. The minimum parking stall size is 8-1/2 feet wide by 18 feet in length. All stalls shall be double striped and shall not encroach into required landscaped areas. Exhibit B 758-86 Conditions for Approval for Variance No. 2005-54 Variance No, 2005-54 (height) 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. Planninq Division 1. The project shall remain in compliance with Site Plan Review DP No. 04- 73, 2. The project shall not exceed 35 feet or three stories in height, as measured from the lowest grade of the structure to the top of the structure. 3. All townhome units facing or immediately adjacent to the northerly property line at the rear of the project site shall not exceed two stories in height. 4, Accessory structures shall not exceed 15 feet or one story in height. Exhibit C 758-87 Conditions for Approval for Variance No. 2005-55 Variance No. 2005-55 (setbacks) 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 1. The project shall remain in compliance with Site Plan Review DP No. 04- 73. 2, The three-foot reduction in required landscape setback shall not exceed 30 linear feet, as measured from the front property line along Edinger Avenue. Exhibit 0 758-88 Conditions for Approval for Variance No. 2005-56 Variance No. 2005-56 (floor plan configuration) 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. PlanninQ Division 1. The project shall remain in compliance with Site Plan Review DP No, 04- 73. Exhibit E 758-89 KO- 11/29/05 RESOLUTION NO. 2005-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE GENERAL PLAN OF THE CITY OF SANTA ANA TO CHANGE 3.1 ACRES ON WEST EDINGER TO MEDIUM DENSITY RESIDENTIAL AND TO REFLECT CORRECTIONS AND REALIGNMENT OF TRANSPORTATION IMPROVEMENTS (GPA NO, 2005-01) 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 to develop 44 townhomes at 2823-2929 West Edinger Avenue. To allow the proposed project, the applicant is requesting approval of a General Plan Amendment from Low Density Residential (LR-7) to Medium Density Residential (MR-15). Additionally, the request includes a tract map in order to consolidate six existing parcels and create 44 residential units for condominium purposes. As proposed, variances are required to allow a reduction from the City's townhouse development standards for parking, height, side yard setbacks, and ground floor access. B, The Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2004-188, General Plan Amendment No. 2005-01, Tentative Tract Map No. 2005-07, Variance No. 2005-53 from number of required parking spaces, Variance No. 2005-54 from maximum allowable height, Variance No. 2005-55 from required front landscaped setback, and Variance No, 2005-56 from floor plan configuration, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 14, 2005. The Planning Commission unanimously voted to recommend that the City Council approve the above referenced actions, C, On December 5, 2004, the City Council of the City of Santa Ana held a duly noticed public hearing on Mitigated Negative Declaration and Monitoring Program, Environmental Review No, 2004-188, General Plan Amendment No. 2005-01, Tentative Tract Map No. 2005-07, Variance No. 2005-53, Variance No, 2005-54, Variance No. 2005-55, Variance No. 2005-56, 758-90 D. General Plan Amendment No. 2005-01 has been filed with the City of Santa Ana to change 3.1 acres on West Edinger to Medium Density Residential, as well as general plan amendments previously adopted by City Council. These revisions to the Land Use Element document also reflect various corrections and transportation improvement such as the widening of the Santa Ana Freeway and the realignment of McFadden Avenue at Main Street E. The Council finds that General Plan Amendment No. 2005-01 is consistent with the General Plan, including but not limited to its policies and goals of: 1. Promote the balance of land uses to address basic community needs, Land Use Element Goal 1.0. 2. Enhance development sites and districts which are unique community assets that enhance the quality of life. Land Use Element goal 4,0. F, The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that these General Plan amendments are consistent with the purpose of the general plan. G. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No, 2004-198 was adopted by resolution which also adopted Tentative Tract Map No. 2005-07, Variance No. 2005-53, Variance No. 2005-54, Variance No, 2005-55, Variance No. 2005-56 which came before the City Council of the City of Santa Ana this same night. This resolution incorporates by reference, as though fully set forth herein, this resolution including the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-198. Section 2. The City Council hereby, approves General Plan Amendment No, 2005-01. The pages changed in the Land Use Element (Exhibit A) are attached hereto and incorporated herein by this reference as though fully set forth. Section 3. The Clerk of the Council shall attest to and certify the vote adopting this Resolution, ADOPTED this _ day of ,2005. Miguel A, Pulido Mayor 758-91 ~ APPROVED AS TO FORM: Joseph W, Fletcher, City Attorney By: Kylee Otto Assistant City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Council members 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. 2005-115 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 758-92 REQUEST FOR COUNCIL/AGENCY ACTION MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE: APPROVED o As Recommended o As Amended D Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For REHABILITATION LOAN AGREEMENTS WITH MERCY HOUSE TRANSITIONAL LIVING CENTERS AJt [2JJ;;2v. CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION CITY COUNCIL ACTION 1. Direct the City Attorney to prepare and authorize the Executive Director of the Community Development Agency to execute a $71,328 loan agreement with Mercy House Transi tional Living Centers for rehabilitation of Joseph House. 2. Direct the City Attorney to prepare and authorize the Executive Director of the Community Development Agency to execute a $31,360 loan agreement with Mercy House Transitional Living Centers for rehabilitation of Regina House. COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Direct the Agency Executi ve Director House Transitional House. General Counsel to to execute a $71,327 Living Centers for prepare and authorize the loan agreement with Mercy rehabilitation of Joseph 2. Direct the Agency Executive Director House Transitional House. General Counsel to prepare and authorize the to execute a $31,361 loan agreement with Mercy Living Centers for rehabilitation of Regina JT25K-1 Rehabilitation Loan Agreements with Mercy House Transitional Living Centers December 5, 2005 Page 2 COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION: 1. Recommended that the City Council: a) Direct the City Attorney to prepare and authorize the Executive Director of the Community Development Agency to execute a $71,328 loan agreement with Mercy House Transitional Living Centers for rehabilitation of Joseph House. b) Direct the City Attorney to prepare and authorize the Executive Director of the Community Development Agency to execute a $31,360 loan agreement with Mercy House Transitional Living Centers for rehabilitation of Regina House. 2. Recommended that the Community Redevelopment Agency: a) Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a $71,327 loan agreement with Mercy House Transi tional Living Centers for rehabilitation of Joseph House. b) Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a $31,361 loan agreement with Mercy House Transi tional Living Centers for rehabilitation of Regina House. By a vote of 4:0 at its Regular Meeting of November 15, 2005. DISCUSSION Mercy House Transitional Living Centers (Mercy House) is a nonprofit corporation that provides housing and supportive services for the homeless populations. Joseph House consists of four attached townhouses, which provides services to single men. Regina House consists of two single-family homes, which provides services to women and their children. Site maps are not provided to protect the confidentiality of the residents. JT25K-2 Rehabilitation Loan Agreements with Mercy House Transitional Living Centers December 5, 2005 Page 3 Both projects are requested financial in need of rehabilitation, and Mercy assistance from the City and Agency. House has Mercy House has obtained three competi ti ve bids from licensed general contractors. The bid submitted by Construction Restoration, Inc. (CRI) is considered the most responsive. The table below is the construction budget. Construction Costs Contingency TOTAL LOAN COSTS Regina House $57,835 $4,886 $62,721 Joseph House $131,377 $11,278 $142,655 The proposed City and Agency loans will provide for the total cost of rehabilitation. The loans will be originated at a zero percent interest rate with annual residual receipts payments. These loans will be due and payable or subject to renegotiation in fifty-five years. Fifty-five year affordable housing covenants will be recorded on both properties, which will be restricted to household incomes at or below eighty percent of the area median as determined by the U. S. Department of Housing and Urban Development. Rents will be restricted to those affordable to such households, less a reasonable allowance for tenant paid utilities. These loans will assist the City and low-income affordable housing goals Plan and Redevelopment Implementation Agency in meeting as identified in Plan. its very-low and the Consolidated ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed projects are exempt from further review. Categorical Exemption Nos. ER 2005-195 and ER 2005-199 will be filed for these projects. JT25K-3 Rehabilitation Loan Agreements with Mercy House Transitional Living Centers December 5, 2005 Page 4 FISCAL IMPACT Funds for these loan agreements are available in the HOME Program (account no. 130-148-6951) and the Tax Increment Housing Set-Aside account (account no. 507-508-6951). APPROVED AS TO FUNDS AND ACCOUNTS: .. ~ ~ tJftL Patricia C. Whitaker Executive Director Community Development Agency ':\i\lC\"Z\0" :-'J:'_o ~~_, -: Francisco G~tierrez fJ Executlve Dlrector Finance & Management Services Agency PCW/TG/mlr H:\ACTIONS\2005 CRA\JT cc-eRA RehabLoanAgreesMercyHouse 12-05-05.doc JT25K-4