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Home My WebLink About FULL PACKET_2005-12-19 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 detail'in Exhibit "A" to this ordinance, which is incorporated herein by this reference as though fully set forth 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. 11 A-1 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 11 A-2 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 11A-3 j~ R2 I - ~u.:: I ~ SD-61 Rl !l ~ =rllT1li 8D-17 ---I :~ f1Er R2 1-'--.'ij'~..5"'''''1 ... I I R1 II ~_J C1 R ~~ ~ I C1 " --rSANTAANA BL, R2. R2 '-I 0 I -".' R2 i 2~~T Iii R2 il .. -II If I ~----->>Q -J 1_ 00' !'I 6TH BT. ~; I Rl Rl fSP-11 ! U I~"-I - 6TH ST. ,...~ ~ .J ~ tit SP:1 I..~ - I ~ I ;;-'1 ~~ I.~...~ Rl . C2 J' SP-1 R2 R2 '''-j SP~1 l ti aRC ST. R2~C1 g9~ R2 SP-1!Q SP-1, a: I r:a 2ND ST. I 1 ~f-1M~--i I Rl C1 5TH ST. o R2 A AA05-8 CITY OF SANTA ANA PROPOSED ZONING AMENDMENT C1 to R1 Zoning A #{' PLANNING AND BUILDING AGE N C Y f1l~4 A WESTMINSTER ":!!J "'j',1 --- 1/1///////// I ]; AVE. I ,(17TH ST.) II t 2.$.10 I+LJ'~'lli 1l+10 o t-= fI) RI Rl Rl Rl Rl Rl Rl RI Rl Rl ~~.' " D. "r 'm. 0 MI 10 Rl . Rl Rl- ~ _. -".. ~:R2~"" Rl R2 R2 [~] "..2~ " Rl ~~~.. IJi , Rl Ml ~ Ml 1O.~.11l JI).i$.IO + 11 I:.... 1/ FIRST ,'~rnnnl r I'll ST. + IS.r.1i1 IIH..101 Zoning District IoOOPTED BY RESOlUlION NO. 51lla BY THE SANTA_PlANNING COt.IMISION PART Of ORDlNANCE NO. Ns.M4 ADOPTED BY TflE SANTA_CITY COUIlCl~ AUGUST 17, 1959. ~ IN FEET o 1000 eo.. MINIMUM ~RON'fAGE .OO',}B MINIMUM LOt' AJUIA IJ.Ilftiflll.....I8QnDlllt; ~_1~H6___ IHIS "Aft IS lllE QFFt:1AL sa.'TIOKJi~ I)I3TAICT l.W>OflliE Cn''l'"Of" 3AHT"Ni" AS AUfHO/illZ!!.D 8V CITV COONe.. "~tmONp.jQ. 7"1~fM'I1.D1H.HI,1 I-lIUIESY.liTTllSTlHATTlt!folAPI5An:nJE l;QP'Y OFUalGltoIAl.' IlCTlONAL M.PHO> U.f., AI GENERAl AGAlClIl.TlIRAL .Il' PARKING MODIfICATION C1 COMMUNITY COMMERCIAL CI.uD COMMUNITY COMMERCIAl.MUSEUM DISTRICT C2 GENEFlAL COMMEflCIAL C3 CE:NTAALavSlNESS C:M CEIlTFIAL.BUSINEss.MmSTs' \/lLlAGE C4 PlANNEDSHOPPlNGCENTER os ARTERIAl. COMMERCIAl CR COMMEflCIAl. RESIDeNTIAL C.S!.! SOlIlH MAIN STR€ET OOMMERCIAl DISTRICT GC GOVERNMENT CENTER 1.11 LIGHT INDUSTR.IAL 1.12 HEAVY INDUSTRIAL MD MIlITARY OPERATIONS o OPEN SPACE P PROFESSiONAL PCO Pl.ANNED COMfolUNITY DEVELOPMENT PO PL.ANNED DE\IEl.OPM9IJ PRO Pl.ANNED RESIDENTIAL DEVELOPMENT Rl SJNGLE-FAMI.Y RESIDENCE Al.4000 SMAlL LOT SINGLE. FAMILY RESIDENCE R2 TW<J.FAMIL Y RESIDENCE A3 MUlTIPLE-FAMlLY RESIDENCE: n4 SUBURBAN APARTMENT RE R~'SIDENTIAL ESTAlE so Sl'EClAC DEVELOPMENT SP SPECIFIC PlAN _... Ctttlll:g 0.. .....~P.:T.~1!~r;Jr.'i..1~..... AE$.i/o.,l.,I""OtMO AA1Q2Q Ml05. AAl0S2 MI067 Mftl4 MOl).f3M01.(l:1 MQ2..8. M04.3 M~ <lR[).JN:9-.NO tots.2C04 NS'21)7 NS-~f:>> 2 NS-22Q ..,6.2'51 NS.~ NS-25-tS NS-2eS8 AOOP11in04tB ',"2Q.t1J '-i1 ", 1Ii1 ~,1J.i4 &-3- 1"1 .... 1 ~o.. HI ""MCMO f<<lr f<<lr f<<lr f<<lr -I44r J:S.. / U.I ANll hO 5241 5367 a.ua !.1M Sc:82 5A8 550t OflO.lFlUNQ ~'Hll NS-<<1 ~ NS.l1O NS-.(9(j: f\l:B-410 NS.527 IrOOPTEOOATE> ll.Ns ..IO~ '-1110 il>>8Cl ;'~1 !-Ul ".7'.e" APPPJloveo !&tI !7ll6 51120 S823 6836 sase BG38 11).4,( M15& MBlll Moo. MasS AA:9116 flM NS<<l1 I\l.5.-.8G1 NS4aHI NS-M;.? ___ '''''i.~ ~~41 t.H.e7 12....-57 ),11<<1 >>71 1-2-T'1 1.20.87 1;2-v47 A PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA CALIFORNIA EXHIBIT B 11A-5 11A-6 ( c_ ( CITY COUNCIL COMMITTEE ON NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT Meeting Minutes October 25, 2005 CALL TO ORDER The meeting was called to order at 5:55 p.m. in Training Room 1602, City Hall Ross Annex. ATTENDANCE The following Councilmembers were present: Lisa Sist, Alberta Christy (6:02 p.rn.) and Carlos Bustamante Staff present were: Dave Ream, City Manager; Steve Harding, Deputy City Manager/Development Services; Jay Trevino, Executive Director/Planning and Building Agency; Ben Kaufman, Chief Assistant City Attorney; Bruce Dunams, Community Preservation Manager; Estella Rodarte, Senior Community Preservation Inspector; and Will Hayes, Maintenance Services Manager. AGENDA ITEMS 1. APPROVAL OF MINUTES - SEPTEMBER 27, 2005 MEETING Approved by a vote of 2:0 (Christy absent) 2. SHOPPING CART ORDINANCE DISCUSSION Ben Kaufman presented a draft of the ordinance and discussion followed. Will Hayes provided a six-month report on shopping cart retrieval in the city. The Committee made recommendations to provide incentives for businesses to install loss prevention systems and achieve the goal of reducing the number of carts in the streets. The committee requested information on the costs associated with the different types of loss prevention systems that staff is researching and bring back information on how those different systems operate. 3. STREET CURB ADDRESS PAINTING Will Hayes provided information on curb numbering considerations. Discussion followed with recommendations for staff to bring back additional information concerning the involvement of non-profit organizations and private companies. 138-1 / / ( c ( 4. PUBLIC COMMENTS Evangeline Gawronski asked questions concerning the mobile vending ordinance. Brief discussion of the ordinance ensued. Mr. Dunams informed Ms. Gawronski that enforcement of the new ordinance would begin effective February 13, 2006. 5. COMMITTEE MEMBER COMMENTS - None 6. ITEMS FOR NEXT MEETING A. GPS Tracking System for Mobile Vendors B. Pre-Sale Ordinance C. Shopping Cart Ordinance D. Street Curb Address Painting 7. NEXT MEETING DATE: Tuesday, November 22,2005 T - 6:50 P.M, Br~ie Dunams COtlmunity Preservation Manager BD/rb S:Council CommINlCE CCINICE Minutes 10-25-05 Neighborhood Improvement/Code Enforcement Council Committee Minutes 2 October 25, 2005 138-2 ( CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON MAIN STREET DEVELOPMENT MINUTES September 1, 2005 CALL TO ORDER The meeting convened at 5:40 p.m. in City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE City Council Committee members present: Mayor Pro Tem Lisa Bist and Councilmember Jose Solorio. Absent: Councilmember Claudia Alvarez. ( Staff members present: Deputy City Manager of Development Services, Steve Harding, Community Development Agency Executive Director Patricia C. Whitaker, Planning and Building Agency Executive Director Jay Trevino, Executive Director of Pubic Works Jim Ross, Chief Assistant City Attorney Benjamin Kaufman, Community Preservation Inspector Alvaro Nunez, Redevelopment Assistant, Danell Mercado, and Senior Planner Sergio Klotz. Community members present: None AGENDA ITEMS 1. APPROVAL OF MINUTES - July 7,2005 Action: The minutes were approved 2:0 (Absent: Alvarez) 2. PROPOSED CODE ENFORCEMENT ACTIONS A Notice of Violation (NV) was issued to the Casa de Ceramica property at 2541 South Main regarding the banners and unpermitted signs. Apparently, the business owner has taken ownership of the property. Thus, the NV process seemed more appropriate to follow rather than the citation process. If there is no compliance, the property owner/business owner will be sent to a Hearing. If there is no compliance after the Hearing, the NV may eventually lead to a criminal case. 138-3 The Clear Channel Billboard located just south of 2540 South Main by the railroad was repaired and a new advertisement was displayed, although it was quickly covered by graffiti. Staff is working with SAPO regarding the selling of DVDs and CDs on the streets in the Downtown area. Enforcement regarding windows in the Downtown area is also being conducted. 3. ADAPTIVE REUSE OF SPURGEON BUILDING At this time, Steve Harding informed the Committee that he was still waiting to hear from Jay Mehan. Discussion then ensued regarding parking and tenants living in the building. Staff will follow up on these issues. 4, DOWNTOWN RESIDENTIAL PARKING PERMIT PROGRAM UPDATE ( Ben Kaufman provided a handout with items that need to be considered and decided upon for this program. A map showing parking meter locations was also provided. Following a discussion, it was decided that staff would contact the Loft Owners Association and request to be placed on their next meeting agenda to try and educate Phase 1 & 2 Loft owners about monthly passes and the garage security that is available and answer any other questions or concerns they may have. Staff will update the Committee at the next meeting. 5. LOFT SURVEY UPDATE The survey was mailed and six responses were received. Danell Mercado will make further contact with both Associations and update at the next meeting. 6. PROJECT UPDATES a) 4TH Street Pushcart Status- The carts have been ordered and payment has been made. The vendors now prefer to have all of the carts delivered at once and have a grand event so delivery of all carts is now anticipated to be February or March 2006. At that time, health department stickers will be available for all the carts. Pat Whitaker will contact the vendor for a timeline update and status of actual carts built to date. ( City Council Committee on Main Street Development - Minutes 2 September 1, 2005 138-4 b) SC Gas Buildino Dr. Jimenez of the Orange County Children's Therapeutic Arts Center and the Chapman Film School are interested in possibly occupying the building. Both organizations toured the building with Dave Ream. A decision is yet to be made. c) Phase III Olson Lofts Status Jay Trevino has met with the Olson Company in a series of meetings in the last few months. To date, there is no proforma as yet and density is still an issue. Staff will continue working with the Olson Company on these issues and on receiving a good project design from them. d) Otis Buildino Update Pat Whitaker has been in contact with Rikki Zuckerman, owner of the Otis Building, and the placement of the bus stop continues to be an issue. A possible solution may be to request the owner to paint the building first and then move the bus stop to its original location, which would be coordinated by OCT A and the City. Staff will continue working on this issue. ( e) Construction of Archway Siqn on South Main Street The size and two possible locations (1st and Main and North of Warner) were discussed. At the next meeting, Jim Ross will report on the feasibility of the locations and the cost of the sign. In the meantime, Pat Whitaker will send budget information to the Committee. f) Nexus Entry Sion Update The art concept design was shown to the Committee. The City will be responsible for retaining the artist, Nexus will fund the creation, and the City will pay for maintenance, as the art will be in a public right of way. Having this public art will be a precedent for the City of Santa Ana. A pedestal will also be added. Jim Ross and Jay Trevino will update the Committee at the next meeting. 7. PUBLIC COMMENTS - None 8. COMMITTEE MEMBER COMMENTS - None ( City Council Committee on Main Street Development - Minutes 3 September 1, 2005 138-5 ( ( 9. ITEMS FOR FUTURE MEETINGS Fac;ade Rebate Program 10. NEXT MEETING - October 6, 2005 ADJOURNMENT - The meeting was adjourned at 7:28 p.m. to October 6, 2005. patr~4w~JJhi Recording Secretary Community Development Agency PCW/mlr City Council Committee on Main Street Development. Minutes 4 September 1, 2005 138-6 CITY COUNCil MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCil USE ONLY: DECEMBER 19, 2005 TITLE: APPROVED COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FY 2004-2005 o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO '~~N.~ )k CITY MANAGER FILE NUMBER RECOMMENDED ACTION Receive and file the Community Redevelopment Agency Annual Report for FY 2004-2005 consisting of: 1. The Annual Audit Report as prepared by Conrad & Associates, LLP. 2. The Annual Report of Financial Transactions. 3. Housing and Community Development Report of Housing Activity of Community Redevelopment Agencies. 4. Annual Statement of Indebtedness. DISCUSSION The California Health and Safety Code, which defines the powers and duties of redevelopment agencies, requires the submittal of an annual report to the legislative body within six months of the end of the fiscal year. The 2004-2005 Annual Report must contain three major components: an independent audit report, a fiscal statement for the year, and a description of the Agency's activities affecting housing and displacement. The reports are available in the Clerk of the Council's office for review (Exhibit 1). Following receipt of these documents by the City Council, the report will be submitted to the State Controller's office pursuant to California Redevelopment Law. 1. Audit Report The firm of Conrad & Associates, LLP, has completed the Audit Report, with a separate opinion on compliance. The Executive Director of Finance and Management Services has reviewed the audit and separate opinion and has determined that financial accounting and State Controller's guidelines have been met. 19C-1 Community Redevelopment Agency Annual Report for FY 2004-2005 December 19, 2005 Page 2 2. Annual Report of Financial Transactions of Community Redevelopment Agencies The Annual Financial Report delineates the financial activities for all funds wi thin the redevelopment fund. Additionally, the report documents the achievements completed during the fiscal year as a direct result of the activities of the Community Redevelopment Agency. 3. Housing and Community Development Report of Housing Activity of Community Redevelopment Agencies In addition to general Agency financial transactions, the Annual Report contains information regarding the low and moderate-income housing fund and a description of the effect of redevelopment activities on housing in general. 4. Annual Statement of Indebtedness The Annual Statement of Indebtedness is the annual report filed with the County Auditor describing Agency indebtedness and a reconciliation statement. The Health recei ved by office prior and Safety Code mandates that the Annual Report be the City Council and filed with the State Controller's to December 31, 2005. FISCAL IMPACT There is no fiscal impact associated with this action. Pa ricia C. Whitaker Executive Director Community Development Agency PCW/NTE/mlr H:\ACTIONS\2005 CC\CRA Annual Report for FY 04-05 l2-l9-05.doc 19C-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: APPROVED ECONOMIC DEVELOPMENT ACTIVITY REPORT FOR SEPTEMBER - NOVEMBER 2005 o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~~lv.~ Jl CITY MANAGER FILE NUMBER RECOMMENDED ACTION Receive and file. DISCUSSION The Economic Development status report has been developed to provide City Council with regular updates. The following report covers acti vi ty for September-November 2005. Downtown . Business Improvement District (BID) Consultant The Downtown Associations have entered into a consultant contract with Marco Li Mandri of New City America to review the existing assessment structure and make recommendations to improve the BID. Meetings are being held with stakeholders to develop a comprehensive strategy for the BID. . Vendor Carts Eleven Downtown carts are being replaced with new higher quality carts. The carts are under construction and estimated to be complete by February 2006. . Chiarini Fountain This fountain was donated in memory of George Chiarini and was placed in the Second Street Promenade in the Artist Village. A ribbon-cutting ceremony took place on November 19, 2005. . Fiestas Patrias - This event generated approximately 140,000 visitors to the Downtown over a two-day period. Work is currently underway in planning the 2006 event. 190-1 Economic Development Activity Report for September-November 2005 December 19, 2005 Page 2 Workforce Investment Board/ W/O/R/K Center · Return on Investment (ROI) Study The Workforce Investment Board (WIB) has contracted with Cal State Fullerton to conduct the ROI study. The researchers will survey general users of the W/O/R/K Center in an effort to calculate the ROI of Federal Workforce Funds. The study is near completion with a final report due to be released on January 13, 2006, at a regular WIB meeting. This study will assist with future funding requests. · Orange County Volvo Partnership - W/O/R/K Center staff has partnered with Professional Career College to identify potential candidates for four to seven vacant mechanic positions at Volvo. · Faith-Based Initiative - The City's W/O/R/K Center received a $500,000 funding award and is initiating an RFP to develop partnerships with grassroots faith-based organizations to provide employment opportunities to Santa Ana residents. The RFP closed on December 16, 2005, and organizations will be selected in January. · W/O/R/K Center Client Statistics - During November 2005, the W/O/R/K Center recorded a total of 3,625 visits. Client profile is summarized in the following charts: WORK Center Ethnic Profile I I I . Latino I . Caucasian I I o African American I 10 Other Job Seeker Industry Profile Other African (10% America~ 8% Caucasian Latino 22% 60% Service 11% Transportation 3% Construction 16% Aerospace 2% . Retail . Transportation o Finance DAerospace . Manufacturing III Service . Construction Finance 10% Manufacturing 47% · Standards Exceeded The Workforce Investment Board received confirmation from the State Employment Development Department for the Program Year (PY) 2004-05 Exemplary Performance Incentive Award for meeting its negotiated performance standards. A $4,181 award will be added to the WIB's PY 2005 subgrant. 190-2 Economic Development Activity Report for September-November 2005 December 19, 2005 Page 3 Marketing · The DEPOT Marketing Program Staff has begun cost analysis and research for banners, racks, and other equipment needed to facilitate the implementation of the marketing plan at The DEPOT. A status report will be presented at the Main Street Council Committee meetings. · Manufacturers Roundtable - This quarterly meeting was held in October wi th 21 business representatives in attendance. A panel discussion consisted of Workers Compensation compliance and working with insurance brokers. · Citywide Marketing Plan - Staff is developing a Request for Proposals to assist with the development of a City-wide marketing plan. · OC Small Business Tax Day - Staff participated in the annual event and manned a resource table marketing the City and business incentives. · Business Attraction - Approximately 30 companies have contacted staff regarding relocating to the City. Staff is assisting with property leads, interfacing with the City's development agencies, providing information on tax incentives, and demographic data. · Business Retention- Approximately 50 retention meetings were held with local businesses. The meetings focused on such issues as expanding operations, City services, tax incentive programs, foreign trade zone, and workforce needs. 190-3 Economic Development Activity Report for September-November 2005 December 19, 2005 Page 4 Enterprise Zone (EZ) · Website Award - At its annual statewide conference, the California Association of Enterprise Zones recently awarded Santa Ana recognition as having the "Best Enterprise Zone Website." The website was recognized for easy navigation, depth of information, and use by the business community. · The Enterprise Zone has issued 1,358 vouchers for this reporting period, bringing the year-to-date total to 3,700. Total Num ber of Vouchers Issued Year to Date 23,396 4000 3500 3000 2500 2000 1500 1000 500 o 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 I_ Vouchers I · EZ Extension Bill - EZ staff is working closely with the California Association of Enterprise Zones on legislation that will allow zones throughout the state to apply for two five-year extensions, for a total designation period of up to 25 years. Santa Ana EZ businesses are writing letters in support of these bills. · EZ/FEZ Workshop - The 12th Annual Workshop was held in November at the Delhi Community Center. It was conducted in partnership with a local CPA firm with 91 business representatives in attendance. The workshop is an opportunity to provide in-depth training on the tax benefits and to answer technical questions with experienced accountants. 190-4 Economic Development Activity Report for September-November 2005 December 19, 2005 Page 5 · Enterprise Zone Audit The Enterprise Zone program was recently audited by the State Housing and Community Development Agency (HCD). The auditor was impressed with the internal procedures, quality controls, user guides, and the level of support and resources allocated to the program. It is anticipated that the City will be invited to participate at an upcoming Best Practices forum hosted by HCD next year. Empowerment Zone (FEZ) · Study Session The Santa Ana Empowerment Corporation (SAEC) Board held a study session in November to discuss priori ties and possible sustainability sources beyond 2009. An ad hoc committee has been formed to pursue the topics discussed. · Kidworks Donahue Center - The SAEC joined the community in celebrating the grand opening of this center located in Zone 4 of the Federal Empowerment Zone. Last year, the corporation approved a $628,500 loan and grant for construction of the facility. Weed and Seed · Request for Recognition - Working with Santa Ana Police Department, staff submitted a joint application requesting Official Recognition by the Department of Justice for two Weed and Seed sites. Decision on the proposals will be announced early 2006. · Financial Literacy workshops - Workshops were conducted in partnership with a non-profit organization. More than 40 individuals attended the workshops held at Pio Pi co Elementary School and Corbin Center. The three-night workshop has been an ongoing project for the two existing weed and seed sites. Instruction was conducted in Spanish and on-site childcare was provided in an effort to encourage participation. impact associated with this action. Patricia C. Whitaker Executive Director Community Development Agency PCW/LS/mlr H:\ACTIONS\2005 CC\EconDevActivityRptsept-Nov 2005 - 12-19-05.doc 190-5 190-6 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 APPROVED TITLE: o As Recommended o As Amended o Ordinance on 1S\ Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For APPROPRIATION ADJUSTMENT ACCEPTING COPS 2005 TECHNOLOGY GRANT CONTINUED TO i\U \j~ 'N. ~ Jiu CITY MANAGER FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the D.S, Department of Justice, Office of Community Oriented Policing (COPS) for the COPS 2005 Technology Grant in the amount of $197,329. 2. Approve an appropriation adjustment accepting the COPS 2005 Technology Grant funds in the amount of $197,329 into the revenue account (account no. 127-01-5359-4) and appropriate same into the COPS 2005 Technology Grant expenditure accounts (account no, 127-357-various), DISCUSSION The Santa Ana Police Department has received a $197,329 grant award to fund specific technology expansions to enhance Santa Ana's Technological Approach To Target Responses Against Crime (STAT-TRAC). In 2002, the implementation of STAT-TRAC developed a comprehensive self-examination process department-wide. The STAT-TRAC meetings are an integral component of a comprehensive interactive management strategy, enhancing accountabili ty and enabling the Division Commanders and Managers with a communications link to the Department's Senior Management Team. The process has been tremendously successful for the Police Department, and its benefits have literally created a revolution in terms of how detectives, crime analysts and police managers think about the relationship between suspects, crime victims, and methods of operation. The system has allowed police professionals to identify trends, temporal variables, potential serial crimes and criminals, and most importantly, the review of activity and geographical hotspots of crime in an organized, graphical, and consistent manner. 20A-1 COPS 2005 Technology Grant December 19, 2005 Page 2 The natural progression of the STAT-TRAC concept involves the expansion of the program to ensure all stakeholders, internal and external, receive the information in a timely manner and in the same graphical manner as presented to the detectives and management. Thus, the Police Department plans to utilize this grant funding to expand and improve the STAT-TRAC process by equipping the field officer Roll Call Room, the Community Room, and one of the Training classrooms with the same technology and equipment currently in the STAT-TRAC room, FISCAL IMPACT Approval of the appropriation adjustment will enhance the COPS Technology Grant revenue account (account no. 127-01-5359-4) expenditure accounts (account nos. 127-357-various) by $197,329. 2005 and APPROVED AS TO FUNDS AND ACCOUNTS: d~ U---- Paul M. Walters Chief of Police Police Department '::\'\O~ ~~.l.J ~ ~:D ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services /'~ . vr Agency 20A-2 LSS 12/12/05 RESOLUTION NO. 2005-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES 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 Santa Ana Police Department has been awarded a COPS 2005 Technology grant in the amount of $197,329.00 to fund specific technology expansions to enhance Santa Ana's Technological Approach To Target Responses Against Crime (STAT-TRAC) system. B. STAT-TRAC is a comprehensive self-examination process for the Police Department which allows detectives and management to identify trends, temporal variables, potential serial crimes and criminals, and review activity and geographical hotspots of crime in an organized, graphical and consistent manner. C. The new grant funding will be utilized to equip additional areas of the Police Department with the equipment and technology currently available only in the STAT-TRAC room. Enhancing the availability of the STAT-TRAC system will ensure the entire Police Department receives the information in a timely manner and in the same graphical form presently available to detectives and management. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs The Chief of Police or his designee to execute the grant award agreement with the United States Department of Justice, Office of Community Oriented Policing Services (COPS). Section 3. The City Council of the City of Santa Ana hereby appoints the Chief of Police, or his designee, as agent for the City of Santa Ana to conduct all negotiations I execute and submit all documents I including but not limited to applications I agreements, amendments and payment requests which may be necessary for the acceptance and maintenance of the aforementioned grant. 20A-3 Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of _ 2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEAL Y, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-116 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 20A-4 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 APPROVED TITLE: o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For APPROPRIATION ADJUSTMENT ACCEPTING SANTA ANA'S FOCUSED ENFORCEMENT TEAM GRANT FUNDING ~lJ ~~1u~ L CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the State of California, Office of Emergency Services (OES) for the Santa Ana's Focused Enforcement Team project in the amount of $95,701. 2. Approve an appropriation adjustment accepting the Office of Emergency Services Grant funds in the amount of $95,701 and the required matching funds of $31,900 from the Police Department Crimes Against Persons, Other Contractual Services account into the FY 2006 Santa Ana's Focused Enforcement Team revenue account (account no. 155-01-5367-3), for a total project amount of $127,601, and appropriate same into the FY 2006 Santa Ana's Focused Enforcement Team Grant expenditure accounts (account no. 155-357-various), 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Community Services Program Inc., Family Violence Victim Services, to operate a domestic violence victim advocacy program for one year in an amount not to exceed $42,690. DISCUSSION The California Office of Emergency Services has awarded the Police Department grant funding in the amount of $95,701 for the Santa Ana's Focused Enforcement Team (SAFE-Team) proj ect. This third year funding provides for the assignment of an additional domestic violence investigator and a full-time victim advocate to handle cases of domestic violence, sexual assault, and stalking. The Police Department works in a collaborative effort with Community Services Program, Inc, to provide additional personnel to work with victims of domestic violence and violence against women in general. 208-1 SAFE-Team Grant December 19, 2005 Page 2 The grant will continue to provide the Victim Information and Notification Everyday (VINE) system, which is located in the Police Department, Jail facility. The VINE system allows victims of domestic violence to call the jail and receive information on inmate release or status. The funding provides for training of law enforcement personnel in domestic violence. A portion of the grant funds will be used to maintain police apprehension and suppression teams for domestic violence offenders on an overtime basis. The grant requires a match of twenty-five percent of the total project amount, FISCAL IMPACT Approval of the appropriation adjustment will enhance the FY 2006 SAFE-Team Grant revenue account (account no, 155-01-5367-3) by $95,701, transfer $31,900 from the Police Department Crimes Against Persons, Other Contractual Services account (account no. 011-341-6291), and appropriate same into the FY 2006 SAFE-Team Grant expenditure accounts (account no. 155-357-various) . APPROVED AS TO FUNDS AND ACCOUNTS: 4/~ ~ Paul M. Walters Chief of Police Police Department ~~~<:' ~ ~ A) ~~.. , Francisco Gutierrez Executive Director Finance & Mgmt. Services << Agency 208-2 RESOLUTION NO. 2005-117 12/07/05Iss A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE OFFICE OF EMERGENCY SERVICES 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 California Office of Emergency Services has awarded to the Santa Ana Police Department, grant funds in the amount of $95,701, to operate Santa Ana's Focused Enforcement Team project. B. This funding provides for the assignment of an additional domestic violence investigator and a full-time victim advocate to handle cases of domestic violence, sexual assault and stalking. C. The grant also will continue to provide a Victim Information and Notification Everyday (VINE) system to allow victims of domestic violence to call and receive information on inmate release or status, provide training of law enforcement personnel in domestic violence, and maintain police apprehension and suppression teams for domestic violence offenders. D. The grant requires matching funds of twenty-five percent. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs The Chief of Police or his designee to execute the grant award agreement with the Office of Emergency Services. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor 208-3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEAL Y, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-117 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 208-4 REQUEST FOR COUNCIL ACTION ~ ""~ CiTY COUNCIL MEETING DATE: DECEMBER 19, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AMENDMENT FOR CLEANING DISPENSING SYSTEM SUPPLIES (SPEC, NO. 02-104) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO "\' ./ 1/, ,/1 , ,/ " rJ.Jvt{,A,' h). f\-4..../ )I, " CITY MANAGER FILE NUMBER RECOMMENDED ACTION Amend the contract with AmSan West (formerly Easterday Janitorial Supply Company) for the purchase of cleaning dispensing system supplies by $17,000 for a total not to exceed $32,030i and extend the term of the contract through February 28, 2006. DISCUSSION The Police Department's Holding Facility utilizes a janitorial chemical blend center to dispense cleaning chemicals for use throughout the jail. The blend center is a water-powered mixing system that automatically proportions concentrated cleaning chemical with water for an accurate dilution. Cartridge meters inside the individual cleaning chemical bottles ensure the proper dilution measurement for every concentrate, and are therefore cost-efficient. On October 7, 2002, the City Council awarded a contract for a period of one year with options for two one-year renewals. All of the renewal options to the contract have been exhausted however i AmSan West has been providing the City with reliable and quality service over the past year. Approval of the recommended action will allow for continuous service while a bid for cleaning dispensing system supplies is being prepared. Staff recommends authorizing the renewal to the contract. 22A-1 CS :J8J Contract Amendment for Cleaning Dispensing System Supplies (Spec. No. 02-104) December 19, 2005 Page 2 FISCAL IMPACT Funds are budgeted and available in the Police Detention Services Operating Materials & Supplies Account (account no. 11-349-6391). C]~tUc Paul M. Walters Chief of Police PMWjTOj02-104-A.7:uc APPROVED AS TO FUNDS AND ACCOUNTS: \\$} ,c,\"\, l~ .F. ) $\-,-^~L~~ ~)~ Francisco Gutierrez Executive Director Finance & Management Services Agency)/ 22A-2 REQUEST FOR COUNCIL ACTION ~ ~~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: CONTRACT RENEWAL FOR PARAMEDIC SUPPLIES (SPEC. NO. 02-141) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For__ CONTINUED TO '\ J Q' t. ." ,I f , , i ~.. I f \J, ~j .J ~) ..LMJ ;/:. , FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contract with Bound Tree Medical for the purchase of paramedic supplies for a one-year period in the annual amount not to exceed $183,564. DISCUSSION The Fire Department's Paramedic Division provides emergency paramedic services as necessary within the City of Santa Ana. Paramedic supplies are purchased for such services, and patients are billed directly when services are rendered. The Police Department Jail Facility also orders supplies such as latex gloves for use during daily operations. On December 2, 2002, the City Council awarded a contract to Bound Tree Medical 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 lncrease In pricing. Staff recommends the first renewal of the contract. 228-1 CS 383 Contract Renewal for Paramedic Supplies (Spec. No. 02-141) December 19, 2005 Page 2 FISCAL IMPACT Funds for the first seven months under the contract are available In the Fiscal Year 2005-2006 Fire Department Operating Materials & Supplies account (account no. 11-323-6391). Funds for the remaining five months of the contract will be included in the proposed Fire Department budget for FY 2006-07. Funds for the Police Department are available in the Police Detention Services Operating Materials & Supplies account (account no. 11-349-6391). .1 ./-----~), \<,J/;/, /j (/1 ( , / '- " .! :' ,./ ----...-./, - -f .' /! , J '/ II' !. \', ."t/ /1,\ V " i/ . " f---- \ j'/ II ( " l,/ "" j " 1\...).' 4-/ l hi~llp-/Garcia iFir~ Chief APPROVED AS TO FUNDS AND ACCOUNTS: . \\ \' :t\\~\W ~,r. ) '--...::&~ ~Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency~- ~lJL Paul M. Walters Chief of Police PGjPMWjTOj02-141.37:uc 228-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: DECEMBER 19, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT RENEWAL FOR DIESEL FUEL (SPEC. NO, 02-146) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO \ ~' , ' . 1\ i . \0 ~,) ~\). (#UJ )J FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contract with SC Fuels under the Cooperative Purchase provision of Orange County for the purchase of diesel gasoline fuel for a one-year period in the annual amount not to exceed $325,000. DISCUSSION The Finance and Management Services Agency's Fleet Maintenance. Division orders diesel fuel for the City's diesel-operated vehicles. The County of Orange awarded a contract to SC Fuels based on a competitive bid process. The price is based on the index published in the Oil Pricing Information Service (OPIS) newsletter for Southern California, plus taxes and delivery charges. On January 6, 2003, the City Council awarded a contract to SC Fuels for a one-year period, with provision for three one-year renewals. The vendor has performed satisfactorily during the past contract period, and pricing continues to be based upon the index published in the OPIS newsletter. The recommended contract amount is increased due to the volatility of fuel costs. Staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Operation Gasoline and Diesel Fuel account (account no. 75-111-6382). \\\ -\ '.:t\~.\~-~~ )~. ~"- ~ Francisco Gutierrez Executive Director Finance and Management Services AgenC~t-. FGjKMj02-146-R3.2:uc 22C-1 C~ JIB Diesel fuel prices adjusted as published - SC FUE,=-~ ---...--- __u_______. -----T-- '--..----- -------- ------,--. __..___._. ________.. _____ ___ ___ 2004 , --+--- 1/7/2004 --- ---- 1/21/2004 1/28/2004 ----- --- 2/25/2004 3/25/2004 3/2!1!20(~~i 4/22/2004 · 5/19/2004 ------ ----- -~--_.._.- 5/27/2004 6/24/2004 - ____no. ..____n __'u_ 6/30/2004 i 7/14/2004 r ----- --..----- 7/28/2004 i --------- ------ 8/4/2004 9/1/2004 --------- ------- 9/9/2004 - --..- -------- ..,----- 9/23/2004 ----- -- -+-- 11/12/2004 i ____on _ ____ ___ . 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U",I i~I~~~~i~!~I~I~ ~ - l~l~j~I~"a; ~~$I~I~r ~ Mlcvjl~IMIC\icvj C\i~~j ~ ~~,~~1~,~1~ ~,~ ~ ~ C\J r-- LO r--'C")IC") 0 LO 0 W <( Ill'! "! "! ~ ll'!ll'! 0 C\JjO (!:l f- iOIC\JiLO 0 m 0 O'i ~ Oi Z'Z I""" -,..... """,""" ,..... ,.....,,......, <( , ii, i ' 10::1,0 ~1~i~I~~~~~~!OO -1- , ---+-- - --t C\J C")I~'LO ~ r-- CX) m ,... ": ,... M ,... ,~ ---. ------- -: .- 0 mlo Oim 0 r-- 01 ll'! ~ "! '"":'"":I"!~ C? <Xl ~, IC") C") ~ ~I~:~IC") LO C") ~i ~~~~~I~~I~~ ----, ---rl-~----- -~+,--- '01010 0 0 0 010 LO', UJ 010,0 LO LO 0 0 0 r-- ~ O'i 0 ,..: 0 i 0 ,..: 0 cvj O'i, a:: ,..... ,..... ""'1""" .,.... ,..... ,.... ~1~~~~i~~I~~~ -+----.- 1_ -- + +____ +___-1 __~__ __ __~_~ .- C\J C") ~ LOi~ r--ICX) m o Z 0:: W ~ o UJ 0.. f-, Z ~I <( 0: ! ~ t _~_I I , a.. ::) -..J <( f- i o f-i -.----+ T- 0:: iO o Z W > 22C-4 REQUEST FOR COUNCIL ACTION ~ C-Cdl.1CBtIOn I~) ~ CITY COUNCIL MEETING DATE: DECEMBER 19, 2005 CLERK OF COUNCIL USE ONLY: TITLE: CONTRACT AWARD FOR GENERATOR FILTER REPLACEMENT (SPEC. NO. 05-117) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ___ CONTINUED TO \~., l' JJ. ~~I O~J-lj.j 1u. -'f~ . CITY MANAGER FILE NUMBER RECOMMENDED ACTION Award a contract to Quinn Power Systems for generator filter replacement at Fire Station No.1 in the amount not to exceed $19,225. DISCUSSION The generator located at Fire Station No. 1 was installed in June of 2003 and is used to provide power to maintain station operations in case of electrical power interruptions. The South Coast Air Quality Management District (AQMD) has determined that the generator must meet certain noise and particulate standards due to its proximity to a school. The contract will provide for reduce both noise and exhaust these filters will bring the standards. the installation of filters that will particulate matter. Installation of generator into compliance with AQMD The notice inviting bids and bids were solicited. received is as follows: was advertised on November 16 and 18, 2005, A summary of the bid invitations and bids 7 Invitations For Bid mailed 1 Bid received 220-1 CS 383 Contract Award for Generator Filter Replacement (Spec. No. 05-117) December 19, 2005 Page 2 Bids were received and opened on November 29, 2005. The results are as follows: Vendor: Quinn Power Systems Location: City of Industry Total Cost $19,225 The bid was evaluated and the bid received from Quinn Power Systems is responsive to the specification. FISCAL IMPACT Funds are available in Fire Maintenance Machinery & Equipment account (account no. 11-327-6641) /:,," II l/ '~':;.IJ;Jj. (-. )' ti / /J.I 14~4-! / / \. \ \ / \7/--.<"/ . . '-,+->< ,.---'( . -,' APPROVED AS TO FUNDS AND ACCOUNTS: Pill P Garcia' ,/ ,~ ' FlLre Chief ---- . '-:\ 10..C'\. "-'.!'.}. '\ _, 1'. ) ~\... ~L< . . qI;.. Francisco Gutierrez - Executive Director Finance & Mgmt. Services Agency t, PGfs~/05-117.3:uc 220-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: CONTRACT AWARD FOR DATABASE SUBSCRIPTION SERVICE (SPEC, NO. 05-125) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For____ CONTINUED TO .,^ Ji \". " ~i LN'I"H).) 1-). ~.(Vv..) CITY MANAGER FILE NUMBER RECOMMENDED ACTION Award a contract to The Gale Group for database subscription services for a three-year period in the amount not to exceed $20,000. DISCUSSION The Santa Ana Library subscribes to databases that access print articles from various business journals, trade journals, and periodicals. The databases are also tracked throughout all branches of the library and the Children's Learning Centers. Multiple users have access to three separate databases, including a database in Spanish (Informe) . Providing access to the databases eliminates storage and maintenance requirements for the subj ect periodicals. The Gale Group is the sole source for the subscription to the required databases. To allow for additional print book purchases from The Gale Group and its subsidiaries, an additional contingency amount has been included. FISCAL IMPACT Funds are available in the Library Adult Services Other Agency Services account (account no. 11-212-6251). APPROVED AS TO FUNDS AND ACCOUNTS: fl/ ;2/1 Rob Richard Library Director =\.t\f::>.\"<;,,\, ~~ f"'A) ~~.:,---- ,I Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~/ RR/BP/05-125.4:uc 22E-1 CS 383 22E-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: DECEMBER 19, 2005 TITLE: CLERK OF COUNCIL USE ONLY: AGREEMENT WITH MANAGEMENT PARTNERS, INC. TO EVALUATE THE CREATION OF A JOINT FIRE DISPATCH CENTER APPROVED o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ('\X:~' ~~1v.~4 CITY MANAGER FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Management Partners Inc. to evaluate the creation of a joint fire dispatch center in an amount not to exceed $29,500. DISCUSSION The Fire Departments from Huntington Beach and Fountain Valley have expressed interest in having Santa Ana Fire Dispatch provide fire dispatching service to them. In order to evaluate the feasibility of creating this type of j oint fire dispatch center, the Santa Ana Fire Department recommends the expertise of Management Partners Inc. Management Partners, Inc. was created in 1994 and has worked for clients by analyzing service levels, identifying improvements and evaluating consolidation alternatives. Using their experience, Management Partners, Inc. will analyze the potential of a consolidated Fire Dispatch Center. As part of the agreement, Management Partners will perform a thorough evaluation and create a plan of action, including estimating start-up operation costs. The j oint dispatch center would be under the authority of the Santa Ana Fire Chief and has the potential to create a significant revenue source for the City. 25A-1 Agreement with Management Partners, Inc. December 19, 2005 Page 2 FISCAL IMPACT Funds are available in the Contractual Services account Fire Department's Fire Communication (account no. 11-322-6291). Other /:. .c'./f /c" ;::-~ 4J~hillip M. Garcia / Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: 'i-C\~~'\.~ ~k~ Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency lor I 25A-2 REQUEST FOR COUNCIL ACTION ~-~ ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-13 FOR THE PROPERTY LOCATED AT 301 SOUTH CYPRESS STREET APPROVED D As Recommended D As Amended D Ordinance on 1 sl Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For A ,~<,.4z;:,--- 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 Helen R. Brown for the structure located at 301 South Cypress Street. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Helen R. Brown for the structure located at 301 South Cypress Street at its December 1, 2005 meeting by a vote of 6:0 (Bustamante, Seeley and Sarmiento absent) . DISCUSSION After the public hearing on December 1, 2005, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 258-1 HPP Agreement No. 2005-13 December 19, 2005 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $22.97 to $114.25 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: J~VinO Ex tlve Dlrector Planning & Building Agency 1-~r-.. ~t", j:o- [' . ') ~,~ ~. __ Francisco Gutierrez Executive Director Finance & Management Services Agenc~_;- HS:rb hs\historic info\mills act agreements\hppa05-13-301_S_Cypress.cc 258-2 REQUEST FOR Historic Resources Commission Action ~ ~ HISTORIC RESOURCES COMIIIIISSION SECRETARY HISTORIC RESOURCES COMMISSION MEETJ1K3 DATE: DECEMBER 1, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-13 FOR THE PROPERTY LOCATED AT 301 SOUTH CYPRESS STREET APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske :!1~ Executive Director ~~r<- Planning Ma ager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Helen R. Brown for the structure located at 301 South Cypress Street. DISCUSSION Request of Applicant The applicant, Helen R. Brown, request the approval of Historic Property Preservation Agreement No. 2005-13 (Mills Act) between the applicant and the City of Santa Ana. Property Description The subject property includes a two-story residence and a detached two- car garage located at 301 South Cypress Street, and is within the Eastside neighborhood. Surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 258-3 HPPA No. 2005-13 December I, 2005 Page 2 One of the eligibility requirements for the property must be listed on the Santa Ana Properties. The subject property was placed on categorized as Landmark in September 2002 by Commission (Exhibit 1) Mills Act is that the Register of Historical the local register and the Historic Resources Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2). A review of the property indicates that this Craftsman styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ~ Assistant Planner II HS:JM hs\historic info\mills act agreements\hppa05-13-301_S_Cypress.hrc 258-4 EXECUTIVE SUMMARY CROSE HOUSE 301 South Cypress Avenue Santa Ana, CA 92701 NAME Crose House I REF. NO. ADDRESS 301 South Cypress Avenue CITY Santa Ana ZIP I 92701 I ORANGE COUNTY YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT IN/A NEIGHBORHOOD 1 Eastside NATIONAL REGISTER CRITERIA FOR EV ALVA nON I B,C NATIONAL REGISTER STATUS CODE ISSI Location: D Not for Publication ~ Unrestricted D Prehistoric ~ Historic D Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of fonn, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1 920s. SUMMARY/CONCLUSION: The Crose House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1, as an intact and representative example of the distinguishing characteristics of a Craftsman residence from the first decades of the twentieth century, and under Criterion 4b, for its association with the Crose family. Additionally, the house has been categorized as "Key" for its distinctive architectural style and quality as a Craftsman House from the early twentieth century in Santa Ana (Municipal Code, Section 30-2.2). or that represent the distinguishable entity · National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 5S1: Not eligible for the National Register but of local interest because the resource is eligible for listing under an existing local ordinance. EXHIBIT 1 258!;o5 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Page -1- of ..L P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *b. USGS 7.5' Quad TCA 2555 *c. Address 301 South Cypress Avenue *e. Other Locational Data: Assessor's Parcel Number BLK F Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) Date Crose House *a. County Orange County Date: City Santa Ana Zip 92701 404-095-03; BLEES 2ND ADD LOT BLK F, AND N 8 FT LOT 2 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations. size, setting, and boundaries.) A distinctive combination of details and features distinguishes the appearance of this two-story Craftsman house. Capped by a complex cross-gabled roof of medium pitch, the building is primarily clad in narrow clapboard. Carved rafter tails and knee braces, arrow-tipped bargeboards, and notched beam-ends characterize the roof treatment. Square butt shingles face the north gable end, and a wide belt course separates the upper and lower stories. Latticework vents are located below the peaks of the gables. Windows are broadly proportioned, with slightly extended lintels and sills and upper sashes treated as multi-light transoms in the more prominent openings. A shed-roofed dormer located on the north half of the far;;ade contains a tripartite window set above a row of four rectangular, fixed lights and may once have been an open sleeping porch. Below it, the front porch features heavy stone piers and a stone foundation, and is enclosed by non-original wrought iron railings. Porch beams are carved to form flattened arches. The original entrance door is solid wood with three vertical lights topped (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: _Building DStructure DObject DSite DDistrict -Element of District DOther P5b. Photo: (view and date) North and west elevations August 2002 *P6. Date Constructed/Age and Sources: -historic 1911/ Source: Pleasants, 1931. *P7. Owner and Address: Civic Center Barrio 1665 E. Fourth Street Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: September 18, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Les, Kathleen. "Historic Resources Inventory, Southeast Quad", September 1979. *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) *Required information 25Bb6 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUilDING, STRUCTURE, AND OBJECT RECORD Page ....L of ~ *NRHP Status Code 5S1 *Resource Name or #: Crose House B1. Historic Name: Crose House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *85. Architectural Style: Bungalow/Craftsman *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1911. March 5, 1940. Reroof December 10, 1948. Reshingle garage. November 7, 1985. Repair garage, interior partition add bedroom hall. June 18, 1993. Demolish detached garage. January 3, 1994. Rebuild 3-car garage. *87. Moved? _No DYes DUnknown Date: *88. Related Features: Original Location: None. B9a. Architect: Unknown b. Builder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1873-1931 Property Type: Single-family Residence Applicable Criteria: B, C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The 1911 Crose House is architecturally significant as a representative example of a Craftsman house from the early years of the twentieth century in Santa Ana and historically notable for its association with a prominent family of the period. Charles F. and Nina Crose moved from Iowa to Santa Ana in 1910 because of Nina's ill health. According to Pleasants' biography of the family, Mr, Close "erected a beautiful home at Cypress and Pine streets" upon his arrival. He also purchased a walnut grove upon which his daughter and her husband settled. Mr. Crose soon became secretary of the Santa Ana Walnut Growers Association and manager of its packing house. Mr. Crose was also connected with the Orange County Farmer's Mutual Fire Insurance Company and was elected president of the State Mutual Insurance Association. Mr. Crose attained the Knight Templar degree of the Masonic order, and was a member of the Nobles of the Mystic Shrine and the Independent Order of Odd Fellows. Mrs. Nina Crose became active in philanthropic and social affairs, serving as president of the missionary society of the Congregational Church, president of the Ebell Club of Santa Ana, and president of the County Federated Clubs, as well as an officer of several other clubs and organizations (Pleasants, 1931). (See Continuation Sheet 3 of 4.) B 11. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps Sketch Map ~ CYPRESS ..' Crose House 301 S. Cypress Avenue ..,. ..,. 0~ ~e @: '1 ~ l <I' I ) ... '" . " " i;l )0" '4 at e c:: \, 03 ~@ - 0 'l ~e .... (See Continuation Sheet 4 of 4.) (This space reserved for official comments.) B 13. Remarks: *814. Evaluator: Leslie J. Heumann *Date of Evaluation: September 18, 2002 DPR 5238 (1/95) *Required information 25B~7 I State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Trinomial Page .....;L of....1... Resource Name or # (Assigned by recorder) *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date September 18, 2002 Primary # HRI# Crose House 00 Continuation o Update *P3a. Description (continued): by three small square lights. An unusual, two-sided bay window extends from the first floor north elevation adjacent to the front porch. At the east end of this elevation, a secondary entrance features a cut stone foundation and trellised porch. The south elevation is distinguished by an attached stone chimney with small, high windows on each side. A non-original metal fence surrounds the property, which is landscaped with a front lawn and shrubs. The house appears to be substantially original and is in good condition. *810. Significance (continued): Located southeast of downtown Santa Ana, the Eastside neighborhood is bounded by First Street on the north, McFadden Avenue on the south, Standard Avenue on the east and Main Street on the west. Situated south of the tract purchased by William Spurgeon in 1869 and recorded as original town of Santa Ana in 1870, the neighborhood's beginnings date to the same period. In 1868, Nelson O. Stafford and Columbus Tustin, both from Petaluma, California, purchased 1359 acres of the Rancho Santiago de Santa Ana south of what would become First Street. The following year, the two men split the property, with Mr. Tustin obtaining 703 acres of the eastern portion upon which he founded the town of Tustin in 1870. Stafford's western acreage, thereafter called the Stafford Tract, lay south of First Street, east of Main Street, and north of McFadden Street, the area now known as Eastside. After selling a portion of this property, Nelson Stafford settled on his land in 1873, building a large house for his young wife and their children. Stafford died in 1878, and his widow, Amanda, opened the house to boarders, one of whom was Robert James Blee, formerly of Pennsylvania. In 1880, Blee bought 36 acres of land at the corner of First and Main Streets from Mrs. Stafford, including the Stafford residence. Blee married Amanda Stafford in 1882. Monroe David Halladay was another pioneer who made a significant contribution to the development of the Eastside neighborhood. Halladay came from Michigan to Santa Ana in 1876 for health reasons and purchased 20 acres from Nelson Stafford. Halladay built his first home in 1877 on East First Street, surveying and selling a few lots of his property but never platting it. In 1887, Chestnut, Pine, and Walnut Streets were laid out on his land; then, in 1888, Halladay sold ten acres of the property. On his remaining ten acres he grew raisins, walnuts, and apples. Also in 1888, Halladay built and occupied the magnificent Stick/Eastlake (Late Victorian) house that still stands on the southwest corner of East Chestnut and Halladay Streets. An 1887 map of Santa Ana, drawn a year after Santa Ana's incorporation as a city, documents the early growth of the neighborhood, with house-sized lots lining both sides of Cypress Street and the west side of Orange Avenue between First and Chestnut Streets as well Walnut, Pine, and Chestnut Streets between Maple and Hickory Streets. The remainder of the Eastside area was divided into large parcels owned by Blee, Halladay, his elder brother, banker Daniel Halladay, and others. Maps drawn in 1898 and 1913 reveal that the neighborhood had expanded to south, with additional subdivisions along Cypress and Orange platted during this period. As a result of this pattern of development, the northwestern section of the neighborhood was improved with homes in the Victorian era Queen Anne and Eastlake styles. Colonial Revival turn-of-the- century residences and later Craftsman bungalows followed in the southwest portion of the neighborhood. The southeastern section of the neighborhood was the last portion to be subdivided and was initially developed in the 1920s, with the Craftsman, Colonial Revival, Tudor Revival, and Spanish Colonial Revival styles predominating. Post World War" construction consumed the remaining unimproved land. Despite unsympathetic infill, dating primarily to the last quarter of the twentieth century, and inappropriate alterations, the Eastside neighborhood retains numerous intact examples of residences from the significant period of its development which occurred between 1873, when Stafford built his house (no longer extant), and 1931, when construction tapered off as a result of the Great Depression. The Crose House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1, as an intact and representative example of the distinguishing characteristics of a Craftsman residence from the first decades of the twentieth century, and under Criterion 4b, for its association with the Crose family. Additionally, the house has been categorized as "Key" for its distinctive architectural style and quality. Characteristic Craftsman features include asymmetrical massing; horizontal lines keynoted by the roof, siding, and window treatments; exposed structural elements such as carved knee braces, exposed beams and rafter tails; incorporation of stone as a secondary material. Character-defining exterior features of the Crose House that should be preserved include, but may not be limited to: sheathing (clapboard and shingles); roof configuration; massing; windows; porch; bays; and architectural details such as carved knee braces, exposed beams and rafter tails, and original front entrance door. DPR 523L 25B~8 I State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page -1... of -1... Resource Name or # (Assigned by recorder) Crose House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date September 18, 2002 l&J Continuation 0 Update *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel, editor. Historv of Oranae County. California. Los Angeles: Historic Record Company, 1911. WP.A. Research Project #3105, Oranae County California Bioaraphies. Santa Ana: Board of Education, 1937. Pleasants, Mrs. J.E. Historv of Oranae County California. Bioaraphies. Vol. III, 1931. Santa Ana City Directory 1910-11 and 1912-13. DPR 523L 25S~9 MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE ~61 03 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 19, 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Helen R. Brown, (hereinafter referred to as "Owner"), owner of real property located at 301 South Cypress Street, Santa Ana, California, 92701 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 301 South Cypress Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. - 1 - EX~I~1 0 MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 19, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision ofnonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner ofnonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property, During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 258-11 MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information, The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. - 3 - 258-12 MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 12) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provlSlons to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by - 4 - 258-13 MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 301 South Cypress Street, Assessor Parcel Number, 404-095-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9, Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Helen R. Brown P.O. Box 1999 Tustin, CA 92781 - 5 - 258-14 MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 10, General Provisions, a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restnctlOns contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation oflaw on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the prOVISIons of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. - 6 - 258-15 MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12, Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice ofthis Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager Property Owner: Date: By: Helen R. Brown APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 7 - 258-16 MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 Exhibit A Parcel One: Lots 1 and 2 in Block "F" of Blees Second Addition, in the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 30, page 75 of Miscellaneous Maps, in the office of the County Recorder of said County. Except the South 41 feet of said Lot 2, Assessor Parcel No, 404-095-01 - 8 - 258-17 MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with - 9 - 258-18 MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. lO. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity ofthe structure would be unimpaired. - 10 - 258-19 MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 Exhibit C (photographs attached) - 11 - 258-20 MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 e Left side (north) elevation facing Pine Street - 12 - 258-21 -;... " - MILLS ACT AGREEMENT 301 South Cypress Street Santa Ana, CA 92701 o North elevation facing Pine Street - 13 - 258-22 a.. <( :E z o - .... <( o o ...J o .... o :I: a.. .... w w ~ .... en en en w ~ a.. >- o :I: .... ::J o en ~ o M o _D-. :-Z.u:.... . _ . _ . ~ a. _ . _ . _ I 8 CJ) CJ) 0 W l'- g: U) 8 >- () I .>- I~ ....J .<( I . I . I . I . 8 . I . I e · ------------______1 ~-J. 258-23 258-24 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-14 FOR THE PROPERTY LOCATED AT 506 SOUTH BIRCH STREET APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For / I ) Lcci-/ ) ,f'd. 'r{MANAGER CONTINUED TO A ----- 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 Miguel A. Mejia for the structure located at 506 South Birch Street. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Miguel A. Mej ia for the structure located at 506 South Birch Street at its December I, 2005 meeting by a vote of 6:0 (Bustamante, Seeley and Sarmiento absent) . DISCUSSION After the public hearing on December I, 2005, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25C-1 HPP Agreement No. 2005-14 December 19, 2005 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $84.93 to $424.66 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Ja~inO Executive Director Planning & Building Agency '1 \1 ~ ---.. '"'tN)~~:\..\:::.I' L) ~ Francisco Gutierrez Executive Director Finance & Management Services Agency/~, HS:rb hs\historic info\mills act agreements\hppa05-14-506_S_Birch.cc 25C-2 REQUEST FOR Historic Resources Commission Action ~ ~ HISTORIC RESOURCES COMMISSION SECRETARY HISTORIC RESOURCES COMMISSION MEETN3 DATE: DECEMBER 1, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-14 FOR THE PROPERTY LOCATED AT 506 SOUTH BIRCH STREET APPROVED D As Recommended D As Amended D Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ~~ ~ec6ttve Director tGuLv'-~?- ~ Planning Mager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Miguel A. Mej ia for the structure located at 506 South Birch Street. DISCUSSION Request of Applicant The applicant, Miguel A. Mejia, requests Property Preservation Agreement No. 2005-14 applicant and the City of Santa Ana. the approval (Mills Act) of Historic between the Property Description The subject property includes a two-story residence and a detached single-car garage located at 506 South Birch Street, and is within the Heninger Park neighborhood. Surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for el igible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25C-3 HPPA No. 2005-14 December 1, 2005 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in May 2002 by the Historic Resources Commission (Exhibi t 1). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2). A review of the property indicates that this American Foursquare subset of the Prairie style of architecture structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ~ II HS:JM hs\historic info\mills act agreements\hppaOS-14-S06_S_Birch.hrc 25C-4 EXECUTIVE SUMMARY CRANE HOUSE 506 South Birch Street Santa Ana, CA 92701 NAME ADDRESS CITY Crane House REF. NO. 506 South Birch Street Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1912 HISTORIC DISTRICT N/ A LOCAL REGISTER CATEGORY: Key NEIGHBORHOOD Heninger Park CALIFORNIA REGISTER CRITERIA FOR EV ALUA TION 3 CALIFORNIA REGISTER STATUS CODE 5Sl Location: D Not for Publication [8] Unrestricted D Prehistoric [8] Historic D Both ARCHITECTURAL STYLE: Prairie Style The Prairie School refers to a group of architects centered in Chicago at the beginning of the twentieth century. Primary amongst them was Frank Lloyd Wright, under whom Prairie School designs reached their apex. Echoing the uninterrupted horizontal lines of the American prairie, Prairie style homes-it was largely a domestic movement-are usually characterized by broadly pitched hipped roofs with deep overhangs; two stories in height, often with one story wings; front porches with massive porch roof supports; and detailing which emphasizes the horizontal. A common, vernacular interpretation of the type, sometimes referred to as the Prairie Box or the American Foursquare, is box-like in massing and plan, with hipped or gabled dormers, porches across all or a portion of the fa<yade, and detailing culled from the vocabularies of a variety of styles, including Mission Revival, Colonial Revival, and Craftsman. SUMMARY/CONCLUSION: The Crane House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of the American Foursquare subtype of the Prairie Style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as a largely intact and characteristic example of the American Foursquare subtype of the Prairie Style (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: · California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4,2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual ro e that is listed or desi ted locall . 2~~51 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) Page --.L of L P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *b. USGS 7.5' Quad Tustin TCA 2555 *c. Address 506 South Birch Street *e. Other Locational Data: Assessor's Parcel Number Crane House Date *a. County Orange County Date: City Santa Ana Zip 92701 010-141-11; HENINGERS;!'JD ADD BLOCK: H LOT: 4 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The characteristic hipped roof and box-like proportions identify this two-story house as an example of the American Foursquare subtype of the Prairie Style. A dormer with a hipped roof is centered over the fayade, and both the main roof and the dormer roof feature exposed rafters with carved tails in the eaves. The dormer contains two small attic windows that flank a central louver vent. Narrow clapboard sheathes the house, with a plain belt course located between stories. A pent hipped roof, accented by an open front gable, tops the attached porch that spans the fayade. Heavy brick piers at each end, as well as brick pedestals flanking the central entry and stairs, appear to have been rebuilt. Heavy beams, notched to form pointed arches. rest on the porch piers and support the roof. A simple vertical slat railing encloses the porch space. The front door is slightly offset to the north and is pierced by a large, oval window. Large, rectangular, fixed windows are located to either side of the entry. Pairs of one-over-one double-hung sash windows define two bays on the upper story fayade. Side elevations feature additional one-over-one windows, some of which are shaded by pent roof hoods with exposed rafters in the eaves. Other than the replacement of the porch supports, the house appears unaltered. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: _Building DStructure DObject DSite o District -Element of District DOther P5b. Photo: (view and date) East and south elevations March 2004 *P6. Date Constructed/Age and Sources: _historic 19121Source: Les, 1979. *P7. Owner and Address: John T. Clawson 506 South Birch Street Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: March 22, 2004 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Les. Kathleen. "100-500 Blocks of South Birch Street." Historic Resources Inventorv. September 1979. Dianne Marsh& the Heninger Park Neighborhood Association. Heninaer Park Neiahborhood Survey. 1986. *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet _Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) 25C'f6 *Required information State of California - The Resources Agency Primary I DEPARTMENT OF PARKS AND RECREATION HRII BUilDING, STRUCTURE, AND OBJECT RECORD Page -.L of ~ *CHR Status Code 5S1 *Resource Name or I: Crane House 81. Historic Name: Crane House 82. Common Name: Same 83. Original Use: Single-family Residence 84. Present Use: Single-family Residence *B5. Architectural Style: Prairie Style *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1912. January 6, 1943. Reroof. October 13, 1944. Addition to residence, 6 x 7. October 18, 1949. Reroof residence. June 18. 1990. Demo 1st & ;I'd floor addition. replace drywall. repair porch per Notice and Order (finaled July 26. 1994). *B7. Moved? .No DYes DUnknown Date: *B8. Related Features: Original Location: None. 89a. Architect: Unknown b. 8uilder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Crane House is architecturally significant as a characteristic example of the American Foursquare subtype of the Prairie Style. According to previous research, it was constructed in 1912 and was originally owned by Wiliam and Inez Crane (Les, 1979). Mr. Crane was a traveling salesman. By 1915, James R. and Elva L. Wilcox, both of whom were optometrists with offices at 214 West Fourth Street, were the residents (Santa Ana City Directory, 1915). In the 1920s, the PIa van family, who were ranchers, occupied the home (Marsh, 1986). (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 813. Remarks: Sketch Map . ....I ~ CA_EII (This space reserved for official comments.) HeNlNGER'S @ *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: March 22, 2004 "0~ H ... J :: @~ -'-@ ~l) 11)' CD @ 1i (0 II' HIRD..o. j ~o V Crane House 506 South Birch Street DPR 5238 (1195) *Required information 25C~7 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page ~ of ~ Resource Name or # (Assigned by recorder) Crane House *Recorded by Leslie J. Heumann, SAIC *Date March 22. 2004 IRI Continuation 0 Update *810. Significance (continued): The Crane House is located in Heninger Park, a residential neighborhood that developed south of the original city core, primarily between 1910 and 1930. Generally bounded by West First Street on the north, West McFadden Avenue (originally Fairview Avenue) on the south, South Sycamore Street on the east, and South Flower Street on the west, the neighborhood had a few homes, mostly located in the northern half, when the area was partially mapped in 1895 by the Sanborn Company. Most of the land was agricultural in use. The City utilized the southwest corner of West First and South Garnsey (then called Palm) for the municipal water works, and the City stables were located on the northwest corner of Palm and West Walnut. Brothers H. B. and Martin Heninger were responsible for developing and platting the tract following their purchase of thirty- four acres of what was known as the Palmer Tract in 1907. The Heningers planted trees, put in sidewalks and curbs. and paved the streets on what had been a barley field. Later they bought additional tracts of ten and eighteen acres which they also platted and improved. These properties were known as Heninger Additions Numbers 1, 2, 3, and 4. In 1921, Orange County historian Samuel Armor described the Heninger tracts as "... the finest residence section of the city, built up with fine homes...," adding, "Mr. [Martin] Heninger and his brother have erected 150 houses on the property" (Armor, p. 1777). The major landmark of the neighborhood was Santa Ana Polytechnic High School, which occupied a campus that stretched from West Walnut to West Camille between South Ross and South Parton Streets. The majority of homes in the area showcase the Craftsman and Colonial Revival styles, and, to a lesser extent, the other revival styles of the 1920s. Homes range in size from one to two stories and are unified by common setbacks, the repetition of gabled rooflines and front porches, the use of similar materials, and on some blocks, by the canopy of street trees. Portions of South Birch Street and South Broadway, in particular, present intact Craftsman streetscapes. After replacement of some of the earlier homes with high density apartments in the 1970s and 1980s, the City of Santa Ana recognized the integrity of the Heninger Park neighborhood in 1986, by creating a Specific Development (SO) zoning district intended to preserve its historic character, the second such SO in the City. (French Park was the first.) The Crane House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of the American Foursquare subtype of the Prairie Style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as a largely intact and characteristic example of the American Foursquare subtype of the Prairie Style. The hipped roof, echoed by the central hipped dormer and pent roof of the porch, is a signature feature of this uniquely American building type, and the treatment of the porch beams and rafter tails add an element of originality to the design. If the porch supports were restored appropriately, the Crane House would be eligible for categorization as "Landmark." Character-defining exterior features of the Crane House that should be preserved include, but may not be limited to: sheathing (clapboard) and materials (brick, original and restored); roof configuration and detailing; massing; windows and doors; porch configuration and detailing; and architectural details (such as the beams, rafter tails, and belt course). *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclopedia. New York, WW Norton. 1998. Marsh,Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1901-1935. Armor, Samuel. Historv of Oranae County. Los Angeles: History Record Company, 1921. DPR 523L 2S.c48 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE ~61 03 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 19, 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Miguel A, Mejia, (hereinafter referred to as "Owner"), owner of real property located at 506 South Birch Street, Santa Ana, California, 92701 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 506 South Birch Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. - 1 - E>!5C69 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 19, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner ofnonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal ofthe Agreement, whichever may apply. 3. Standards and Conditions for Historic Property, During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 25C-1 0 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4, Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. - 3 - 25C-11 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 12) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion ofthe City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6, Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by - 4 - 25C-12 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 506 South Birch Street, Assessor Parcel Number, 010-141-11, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice, Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Miguel A. Mejia 506 South Birch Street Santa Ana, CA 92701 - 5 - 25C-13 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the prOVlSlons of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. - 6 - 25C-14 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice ofthis Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager Property Owner: Date: By: Miguel A. Mejia APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 7 - 25C-15 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 Exhibit A Parcel One: Lot 4 of Block H of Tract Heninger's Second Addition in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 8, Page 25 of Miscellaneous Maps, in the office of the County Recorder of said Orange County. Assessor Parcel No. 010-141-11 - 8 - 25C-16 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with - 9 - 25C-17 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 10- 25C-18 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 - 11 - 25C-19 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 - 12 - 25C-20 MILLS ACT AGREEMENT 506 South Birch Street Santa Ana, CA 92701 - 13 - 25C-21 D.. e:( :e z o - l- e:( (.) o ..J o I- o :I: D.. I- W W ~ I- en :I: (.) ~ - CO :I: I- ~ o en CD o It) o C\l CO ..... -----------------.- e e o I g ~ 88 e I ._._._._._._0_._._i ~~ 25C-22 I . I . I . I . I .>- I~ ....J .<( I . I . REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-15 FOR THE PROPERTY LOCATED AT 419 WEST NINETEENTH STREET APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For A . ~. /) ~f-l~JlU("- 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 Sheryl L. Harvey for the structure located at 419 West Nineteenth Street. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Sheryl L. Harvey for the structure located at 419 West Nineteenth Street at its December I, 2005 meeting by a vote of 6:0 (Bustamante, Seeley and Sarmiento absent) . DISCUSSION After the public hearing on December I, 2005, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 250-1 HPP Agreement No. 2005-15 December 19, 2005 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $26.76 to $133.81 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: . Trevino E ec tive Director ning & Building Agency "\C\~\\,,~\~r- 1'J ~-\-~. Francisco Gutierrez Executive Director Finance & Management Services Agencyt~ -- HS:rb hS\historic info\mills act agreements\hppa05-14-419_W_19th.cc 250-2 REQUEST FOR Historic Resources Commission Action ~ ~ HISTORIC RESOURCES COMMISSION SECRETARY HISTORIC RESOURCES COMMISSION MEE'J'N; DATE: DECEMBER 1, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-15 FOR THE PROPERTY LOCATED AT 419 WEST NINETEENTH STREET APPROVED D As Recommended D As Amended D Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ~ve Director ~~~a~ RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Sheryl L. Harvey for the structure located at 419 West Nineteenth Street. DISCUSSION Request of Applicant The applicant, Sheryl L. Harvey, requests Property Preservation Agreement No. 2005-15 applicant and the City of Santa Ana. the approval (Mills Act) of Historic between the Property Description The subj ect property includes a single story residence and a detached single-car garage located at 419 West Nineteenth Street, and is within the Floral Park neighborhood. Surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 250-3 HPPA No. 2005-15 December 1, 2005 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in February 2003 by the Historic Resources Commission (Exhibit 1) Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2). A review of the property indicates that this Colonial Revival style of architecture structure is in good condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an addi tional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ~~. \/ i..,. ~.. Ha ly SO~leSke Assistant Planner II HS:JM hs\historic info\mills act agreements\hppa05-14-419_W_19th,hrc 250-4 EXECUTIVE SUMMARY YEARY HOUSE 419 West Nineteenth Street Santa Ana, CA 92706 NAME ADDRESS CITY YEAR BUILT Yeary House REF. NO. 419 West Nineteenth Street Santa Ana ZIP 92706 ORANGE COUNTY 1922 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EV ALUA nON 3 CALIFORNIA REGISTER STATUS CODE 5SI Location: D Not for Publication r8J Unrestricted D Prehistoric r8J Historic D Both ARCHITECTURAL STYLE: Colonial Revival; Bungalow/Craftsman The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Yeary House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of a typical bungalow from the early 1920s. The house also contributes to the historic character of Floral Park through its age, style, and scale. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Floral Park, and, as an intact and representative example of an early 1920s bungalow, "is a good example of period architecture" (Municipal Code, Section 30-2.2). 2m~51 EXPLANA nON OF CODES: · California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 200 I.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. · California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. 25D~6 Primary I HRII State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page -.L of ~ Resource name(s) or number (assigned by recorder) Yeary House P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 Date: *c. Address 419 West Nineteenth Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number Block: Lot: 002-101-19 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Located on the north side of West Nineteenth Street, this one-story bungalow displays both Craftsman and Colonial Revival stylistic features. It is side-gabled, with carved braces exposed in the overhanging eaves of the gable ends. A front-gabled attic vent is centered on the ridgeline. Narrow clapboard sheathes the building. Offset to the east, an attached portico is defined by a front gable with a swept design. Centered in the gable face, a vent repeats the arched shape of the gable. A pair of elephantine posts on brick pedestals supports the porch gable. Brick was also used for the chimney attached to the west elevation. The entry consists of an eighteen-light door flanked by full height, twelve-light sidelights. A pair of multi-light casements east of the entry is balanced by a cluster of three casements to the west. In the northeast corner of the property, a one-story, front-gabled garage echoes the design of the house. Both appear to be substantially unaltered. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: -Building DStructure DObject DSite o District -Element of District DOther P5a. Photo *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. P5b. Photo: (view and date) South and west elevations November 2004 *P6. Date Constructed/Age and Sources: -historic 1922/Source: City of Santa Ana Building Permit *P7. Owner and Address: Sheryl L. Harvey 419 West 19th Street Santa ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: November 30, 2004 *P10. Survey Type: Intensive Survey Update *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) 25D~7 *Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUilDING, STRUCTURE, AND OBJECT RECORD Page 2 of ~ *CHR Status Code 5S1 *Resource Name or #: Yea/}' House 81. Historic Name: Yea/}' House 82. Common Name: Same 83. Original Use: Single-family Residence 84. Present Use: Single-family residence *65. Architectural Style: Colonial Revival, Bungalow/Craftsman *66. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1922. December, 1922. Residence and garage. July 17, 1928. Repair fire damage. May 13, 1933. Rebuild chimney. October 7, 1948. Rebuild fireplace. *67. Moved? -No DYes DUnknown Date: *68. Related Features: Original Location: Garage. 89a. Architect: Unknown b. 8uilder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Yea/}' House is architecturally significant as a characteristic example of the middle class bungalows built in the southern portion of the Floral Park area prior to its development as Santa Ana's most upscale neighborhood in the mid 1920s. Physician Howard N. Brothers applied for the permit to build this $4.200 house and garage in December 1922. Apparently Dr. Brothers intended to use the property as an investment; he lived on North Broadway and maintained an office in downtown Santa Ana. The first residents of the bungalow, according to city directories, were Fred R. and Emily E. Yea/}', who occupied the house in 1926 and 1927. They were followed in 1928 by William E. Otis. Junior, vice-president of the Santa Ana Finance Company, and his wife, Pearl. Dr. Brothers still owned the house as of July 1928. Subsequent residents included Mrs. Mabel W. Blee, a clerk at Williard Junior High School and Har/}' Blee, a student, in 1934-1935, and Joe W. and Amalia S. McLoney, from 1936 through at least 1948. Mr. McLoney was an electrician. (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana Histo/}' Room Collection, Santa Ana Public Libra/}' Sanborn Maps 813. Remarks: Sketch Map MI:TCIIII4 lIIIK ~i-; " VE" '0, 0 e " !) (!)@ <0 12 @ e (See Continuation Sheet 3 of 3.) *614. Evaluator: Leslie J. Heumann (This space reserved for official comments.) 419 West Nineteenth Street *Date of Evaluation: November 30, 2004 DPR 5238 (1/95) 25D~8 *Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page -L of -L Resource Name or # (Assigned by recorder) Yea/}' House "Recorded by Leslie J. Heumann "Date November 30, 2004 lB] Continuation 0 Update *810. Significance (continued): The Yea/}' House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados. and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls. New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Oranae Countv Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. 'When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Oranae Countv Reaister, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War /I, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large. Colonial Revival mansion at 2009 Victoria Drive. In the early post World War /I years. Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Yea/}' House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of the a typical bungalow from the early 1920s. Typically, bungalows from this period combined Colonial Revival and Craftsman characteristics. The Yea/}' House demonstrates this marriage of two styles, with its nearly symmetrical fa9ade, ent/}' portico, and multi-paned windows and doors referencing the Colonial Revival and its elephantine posts and exposed braces suggesting Craftsman traditions. The house also contributes to the historic character of Floral Park through its age, style, and scale. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and histo/}''' of Floral Park, and, as an intact and representative example of an early 1920s bungalow, "is a good example of period architecture." Character-defining exterior features of the Yea/}' House that should be preserved, include, but may not be limited to: materials and finishes (clapboard, brick); roof configuration and detailing; massing; original windows and doors; portico; chimney; architectural details such as the braces, attic vent, and porch supports; and garage. *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclovedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch. National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiff en, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies." Oranae County Reaister. September 15, 1981. "Histo/}' of Floral Park." http.//www.floral-park.com/page2.html Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Includina Bio/oaical Sketches of Leadina Citizens. Volume I. Whittier, Historical Publishers, 1963. Santa Ana and Orange County Directories, 1922-1936. CPR 523L 25D~9 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE 96103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 19, 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Sheryl L. Harvey, (hereinafter referred to as "Owner"), owner of real property located at 419 West Nineteenth Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 419 West Nineteenth Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. - 1 - EXt!5{)-1 0 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 ofthe California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 19, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2, Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property, During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 250-11 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. - 3 - 250-12 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement ifit determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 12) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provlSlons to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by - 4 - 250-13 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 419 West Nineteenth Street, Assessor Parcel Number, 002-101-19, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Sheryl L. Harvey 419 West Nineteenth Street Santa Ana, CA 92706 - 5 - 250-14 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason ofthe Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the prOVISIOns of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. . g. This Agreement shall be construed and governed in accordance with the laws of the State of California. - 6 - 250-15 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk ofthe Council DAVID N. REAM City Manager Property Owner: Date: By: Sheryl L. Harvey APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 7 - 250-16 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 Exhibit A Parcel One: Lot(s) 9 in Block A of Tract No 256, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 14 Page(s) 23 of Miscellaneous Maps, in the Office of the County Recorder of said County. Assessor Parcel No. 002--101-19 - 8 - 250-17 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with - 9 - 250-18 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 10- 250-19 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 Exhibit C (photographs attached) .. - 11 - 250-20 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 - 12 - 250-21 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 1 - - 13 - 250-22 MILLS ACT AGREEMENT 419 West Nineteenth Street Santa Ana, CA 92706 - 14 - 250-23 c. et :E z e - I- et (.) e ..J e l- e J: c. I- W W a: I- en J: I- en ,... . 3: en ,... ~ ~ C\I co ~ T""" -----.---.-.-.-.-.- I 8 e . I . I . I 8 . I . I . I . I . I . ~ ~ 8 L.. LO ....... ~ (f) .I:: m ~ · - · - · - . - . - . - . _ . _ . _I i I @. z 250-24 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: DECEMBER 19, 2005 TITLE: CLERK OF COUNCIL USE ONLY: AGREEMENT WITH TAIT ENVIRONMENTAL MANAGEMENT, INC. APPROVED o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO Nfl ~~N.~ AJJ CITY MANAGER FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Tait Environmental Management, Inc. in an amount not to exceed $32,000. DISCUSSION The Santa Ana Fire Department has received grant funding to further develop its Hazardous Material Emergency Response Area Plan. This plan is used by the Fire Department to mitigate potential incidents involving the transporting of hazardous materials through the City of Santa Ana. Once completed, the plan will include items such as protocol and procedures for emergency response, facilities identification and likely routes to avoid sensitive areas, like water supplies and schools. In order to prepare the plan, the Fire Department recommends the assistance Tait Environmental Management Inc. Tai t Environmental is the only company that can provide three crucial elements to prepare a successful plan. These include a "web- based" database for delivery in a wireless environment, no "outsourcing" of plan design, and employee training. FISCAL IMPACT Funds are available in the Fire Department's HMEP Grant Other Contractual Services account (account no. 146-331-6291). / ,'..' '- -' _.~ /1//(/'--- //u: /C-- .r ~ Phillip M." Garcia ....-"< Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: ~ \~ '\ '\ ;'\~'';;''--.k:>.. '~ r , ;;', ,\ :-s..-: Francisco Gutierrez ~ Executive Director Finance and Mqmt. Services Aqency 25E-1 25E-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: APPROVED THIRD RENEWAL OPTION TO AGREEMENT FOR SECURITY GUARD SERVICE AT THE DEPOT AT SANTA ANA AND THE CORPORATE YARD AND THE SANTA ANA ZOO AT PRENTICE PARK (SPEC NO. 01-057) o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~~rv.~ 4 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 a twelve-month renewal to Agreement No. 01-057 with Securitas USA, Inc. for security guard services at The Depot at Santa Ana, the City Corporate Yard, City Hall, and the Santa Ana Zoo at Prentice Park in the annual amount not to exceed $313,040. DISCUSSION Currently, regular security guard services are provided at The Depot at Santa Ana, the City Corporate Yard, City Hall, and the Santa Ana Zoo at Prentice Park to protect property, provide a safe and orderly environment wi thin City buildings and adj acent areas, as well as assist the public when conducting business with City agencies. Additionally, extra security services are provided for Homeland Security Alerts and special events. Currently security services are also required to provide a continuous fire watch at City Hall while an obsolete fire detection system is replaced. On October 1, 2001, City Council awarded an Agreement to Securitas Security Services USA, Inc., for guard service at The Depot at Santa Ana for a twenty-four month period with three 12-month renewal options. On August 5, 2002, City Council approved an amendment to said agreement to include the Corporate Yard and the Santa Ana Zoo at Prentice Park. 25F-1 Third Renewal Option to Agreement for Security Guard Service at the Depot, Corporate Yard and the Santa Ana Zoo November 21, 2005 Page 2 Securitas has provided security services in a very professional and competent manner. Staff recommends exercising the final renewal of the agreement for the annual amounts stated below: The Depot at Santa Ana $ 186,000 Homeland Security Alerts $ 10,000 Corporate Yard $ 82,040 Santa Ana Zoo $ 15,000 City Hall Fire Inspections $ 10,000 Contingency security coverage $ 10,000 Total annual expenditure: $ 313,040 The renewal term will be from December 1, 2005, through November 30, 2006. FISCAL IMPACT Funds are available in the departments' Other Contractual Services accounts (object code 6291). f:t tu~ Patricia C. Whitaker Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~l\" \ .~~. '"\'\'Il\.\.'l,~" \...~)~ J..J \~ ..-....:"\.::L 0 Franci~co G~tierrez ~u ~ Executlve Dlrector 1 Finance & Management Services Agency ~~ Gerardo Moue Executive D' ector Parks, Recr ation & Community Services Agency PCW/GM/CF/mlr H:\ACTIONS\2005 CC\3RdRenewa10pttoAgree Securitas 11-21-05 iv.doc 25F-2 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: APPROVED CONTRACT AWARD FOR CONSULTING SERVICES FOR THE DOWNTOWN PARKING STRUCTURES AUTOMATION o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~~1v,~A 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 Parking Design Group for consulting services for the Downtown Parking Structures Automation in the amount of $72,600. DISCUSSION In the late 1980s, the City/Agency constructed a number of parking structures to meet the growing demand for parking in the Downtown. The facilities and equipment in these parking structures are deteriorated and no longer cost efficient. Current automation technology will allow for more efficient operations of the parking structures. The addition of automated pay stations would decrease the need for front-line cashiers, thereby reducing staff support requirements. In order to accomplish the Downtown Parking Structure Automation Project, a parking consultant is needed to assist staff in three phases. In Phase One, an operations review of the four parking structures will be performed with a cost/benefit analysis for replacing the existing equipment with a state-of-the-art system. In Phase Two, a Request for Proposals package will be developed and sent out to parking management companies. In Phase Three, specifications and drawings will be produced for the successful bidder to install the automated parking control system in the four garages. The summary of the Request for Proposals respondents is as follows: 4 Invitations for Proposals requested o Invitations for Proposals to Santa Ana vendors 3 Proposals received 25G-1 Contract Award for Consulting Services for the Downtown Parking Structure Automation December 19, 2005 Page 2 Each respondent's submittal was qualifications, history of firm, services, clarity and detail of ratings for the three respondents rated using the following criteria: reputation of firm, history of like submi tted proposal, and pricing. The are as follows: FIRM LOCATION PRICE RATING Parking Design Group Integrity Parking Systems, LLC Walker Parking Consultants Sherman Oaks, CA Chagrin Falls, OH San Francisco, CA $ 72,600 $ 68,000 $111,200 337 321 292 Parking Design Group in Sherman Oaks, California, received the highest rating based on their experience with projects with similar scope, years of experience in the parking industry, and addressing the proposal work plan in detail. FISCAL IMPACT Funds for this contract agreement are available in the FY 05/06 Parking Enterprise Fund account (account no. 027-013-6291). L9L ~ tJ~ APPROVED AS TO FUNDS AND ACCOUNTS: Patricia C. Whitaker Executive Director Community Development Agency ~C\E)\'>-.; \. '0.[' A.~ M'..~ "- , Francisco G~tierrez ~~ Executive Dlrector T Finance & Management Services Agency PCW/DM/mlr H:\ACTIONS\2005 CC\ContAwardConsultingServDTParking Struction Automation 12-19-05.doc 25G-2 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: EXTENSION OF VARIANCE NO. 2003-04 TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING AT 1101 WEST SANTA ANA BOULEVARD - JOHN DRAKE, APPLICANT APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For \J~7G.~ JL CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution approving a one year extension of Variance No. 2003- 04. DISCUSSION Request of Applicant John Drake is requesting a one year extension for Variance No. 2003-04 In order to construct an office building at 1101 West Santa Ana Boulevard. Property Description The project site is a 0.19-acre parcel of land located on the northwest corner of Santa Ana Boulevard and Shelton Street. The site is currently composed of two parcels of land. The first parcel is a remnant property created from a street widening proj ect and is currently vacant. The second parcel contains an existing house approximately 700 square feet in size with a detached two-car garage. The zoning designation for the site is Professional (P) with a General Plan land use designation of Professional and Administrative Office (P). The site is surrounded by residential uses to the north and west; government facilities to the east; and commercial offices and residential to the south (Exhibits 1 and 2) . Project Description The applicant is proposing to construct a 2,277 square foot office building. The existing detached garage will be demolished while two walls of the existing house will remain and be incorporated into the new building. A portion of the new building will remain at zero property line along the front property line abutting Santa Ana Boulevard, while the rest 31A-1 Extension of Variance No. 2003-04 December 19, 2005 Page 2 of the building will meet the 15-foot front and side yard setback requirement. Lastly, a total of seven parking stalls are required and provided (Exhibits 3 and 4) . Analysis of the Issues On November 17, 2003, the City Council approved Variance No. 2003-04 to allow the construction of a 2,277 square foot office building. A variance was required to allow for the reduction of the rear yard setback. The applicant submitted an extension request in October to the Planning Division as the variance was set to expire on November 17, 2005, and permits have not been issued for the construction of the proposed building (Exhibit 5). Section 41-647 of the Santa Ana Municipal Code (SAMC) provides that a variance is void after two (2) years from the approval date if the owner fails to erect or build as specified by the variance. Section 41-647 of the SAMC allows the applicant to request an extension for the variance. The City Council may by resolution extend the variance by no more than a total of three (3) years past the expiration date. The applicant is continuing with the preparation of the construction plans and is interested in extending the variance for another year. The applicant wishes to construct an energy efficient, "green building" and has had limited success finding materials and a suitable building contractor. Additionally, the building plan check process has taken more time than expected. Staff has supported similar requests in the past. As a result, it is recommended that the variance for the office building be extended for an additional one year. ENVIRONMENTAL IMPACT In accordance with Section 15061 of the California Environmental Quality Act, the proposed action is not subject to CEQA. FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino Ex cutive Director Panning & Building Agency CR:rb cr\reportS\VA03-04.time.cc 31A-2 '~'"'l1 -It~;;,~ 8 ~". 8 '''~~~~ ~i Rl" R1 :;\::'jl '1f-1 r.J.' ~~ u~ ~ ~! o R1 R1 l:lIH ~I Rl Rl l1rH ~1 R1 Rl ...r- '- 10TH ::;1 R1 R1 9TH 8T Rl R1 R1 R1 PINEST. Rl ~ ~1 R1 R1 J' R1 ) ~ R1 Rl R1 Al -B C-SM C1 C1-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL ~~ R2 149j'R2 I _ R2 -1169 ' 1-" Rl Rl S2~ '" 5D.20 P C1 Rl R2 R1 .B P SO-20 f-' (/) a: 80 ~ [] o o SO-13 SD. 39 R1 Rl --....) "-175 SO-20 R1 I C1 I R2 I~ R2 R1 ~ P'NF RTR2 II R1 II 10IC~~=Ts~V [] R f'Rfl1 SO-2 50.18 SO-l : : ~~ I ~m 0 I[ I~g: W^,NUTST :oo-o-I[ I~LJ: 0 18~ iBO[ R2 18 : :nSTDNUT AV[ ~'" -1J~~Dnfu n-"'''Iirl nil nn nn, AND BUILD EXHIBIT 1 31A-3 R1 R1 CR GC Ml M2 MO o P PCD PRD R2 R3 COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP ~ ~~ VA 03-4 EXTENSION JOHN AND MELODY DRAKE 1101 WEST SANTA ANA BOULEVARD A rfl(' 1" = 1000 FEET - = 500 FEET P LAN N N G AGE N C Y N G SINGLE FA ILY R SIDEN IAL FIFTH ST. ).. ....J....J -<:( ::<- 11~ i- SINGLE FAMILY MULT FAMILY RESIDE ""TlAL <: RESID NTlAL Lu <:( LuQ (.) ....J- <.clUJ <:( <:Lu :>. _0:: UJ NGLE AMILY MULTI FAMIL Y flESIDE TlAL PROJECT ~ESIDE NTlAL SITE r I S SANTA ANA COMM RCIAL MUL T FAMILY RESIDE TlAL ....J <:( G 0:: Lu ::< ::< o (.) SINGLE FA IL Y RESIDENTI L COMMER IAL CHU CH G 0 V ERN MEN T t-= en G 0 V ERN MEN T BLVD. ).. ....J....J -<:( ::<- 11~ Lu LuQ ....J- <.clUJ <:Lu _0:: UJ COMMERCIAL z o !:i w J: en SINGL FAMIL RESI ENTlAL ~ ~~ VA 03-4 EXTENSION JOHN AND MELODY DRAKE 1101 WEST SANTA ANA BOULEVARD A GY' P LAN N B U AGE N C Y N G AND EXHIBIT 2 31A-4 L 0 N G !O'-O" II SLCUflI1Y :MAlIlh POLl. -.-.-/ M [I AL CAn:".........----- (PAINTED) 0" H. CI~U WALL PORTION OF : RESIDENCE ; CHAIN LINK o BE REMOVED ~ <{ 3: o , :::> ~ a ,-- 10'-0" H. CMU WI,LL \ LU U 1 42" H. CMl WALl'--- - LIGHT STANDARD r Ll :;z 0:: <( u Vl o :;z <( -" z o f- J W I U) o , ',n L - 20'-0" H. SLCU I1Y CAM[RA POLE. "1= (-.J :;z D_ <C (..J U) C :;z ~I I I I I I I I I I I I I I t5 I ;::: I u I D:::: V)! ~&t ~I -'1 G ~I ~ 23tnl [ <{ I 2r ~! >- I 32 g I ~ <( I C2 (/1 I co I I :~TREE WELL I TO B[ REMOVED I OR RELOCATED I I I I I I I I I TREE WELL (E) : I o ~)5 15'-G" 5'-0" -0 o n SCREEN WALL 7 Ie;:; rn > g: He gJi:5 CD ~ Ll :;z 0:: <( u Vl 0 :;z :s lJ- f- (n 00 I I SCORED I CONCRETE PAVING I I I I I I 44' -0" ---1- I I I I }o- I I I I I I I I I I I I I I I I I I I I I OFFICE o c=J 11'-5" x 15'-0" 32'-0" 'L -" CONFERENCE F. 4~ "OL~-t FO~ L--..J II......' '......'.' I,fo",=, b;:,,!,l fr_"'=. ~e:Tl 11.-. I,ll 'of,,,,-- ",0.:"" ff=';""I F=T\ 11','1 1,::11 I"!,=,,a 1:-=c!J r::~ r-- - It':::JJ I I S: w co i7i L__-lu 26'-6" t _1 ~ / ift-- ___..L - - - EX.ISlltJG S NGLE STORY RESIDENCE 1.;_:\:___ -_-=-J IOBlRENOVATEO ~ WIDSCAPING ' "'-- WIIIDOW GANOPY @ 110'-6" : LINE OF EXISTING RESIDEIKE GUY WIRE :i 'D , 0, ";;, l ! I PI. 0_ CURB RMAP SIDEWALK (E) 0 , N r~-. [liSTING LAWI~ "'" 'I ' I \ 'I - P i \ Lpp I~I~UY WIRE VAOI.T " ~--------------- I ",-~_ TRAFFIC VAlIL T LSTREET/TRArFIC LIGHT I 12'-0' ~ 1REIAOVE E/IST ElnRY DRIVE i I I co-c -,(_______ JU I IIEvi ClIRB MID GlITTeR/R[PAIR 24" 'T! -~i , , , ====-) SEC 11011 or ASPHALT PAVIIIG I ~. [''',J I /-'". 3 fAdS /--'--. E:=::s L/ D " ,..---." "-1.-..::_ VA 03-4 EXHIBIT 3 ~~ \5... ~1\ ~~ " ~, L_ z z 0 0 ~ c 1=:. ~ e-- <::<: '" I > ~ >" I;; "'-l < ~! z ....l z }- < ~ ....l ., g "'-l ~ ~ z "'-l :;l ~ ::r: z "- / u '" < 01 ~". ~ ..... Ie rn :::> c==J <: 0 "'-l rn g ~ U ~" ~9 ~~ J '> " . ~ D ~ b M ~t . " " " " ~~ " l.......... z ~~E z 0 ~ 0 , 1=: ~ ~ z L <: ~ 8 > !;( > Tr !;( "'-l O!: ~ "'-l O!: ~ ....l ....l ~ "'-l ~ '" "'-l < '" ~ ~ ,. Q ::r: ..... i'i ..... e! rn " l>::: "'-l ~ I 0 ~ ~ r Z -~-,JL .0-,," ~~- ~~E: T : - -j rr=t ~I <I "I ;1 -+-~--_.~ i l-i I ~I VA 03-4 ~ ,j ij f-< l>::: III /Xl o l>::: Z l>::: III f-< Vl f-< U III t:: :I: u l>::: 0( N < d Z o do ~~ Q:l :; ~ ~ u < ...... ~ ~ ~ ~ f- o !:l < '" z g < < F- Z < [Z) U-l ~ Oi< o~ ~o z "';;.-. ~o 00 oJ....J i::;U-l "':::8 ...J ~Q "'Z ~< :>: I'Q 80 <I'Q "' z~ <~ ...J ~ "'~ au ~i z"' ;;:>: 0< "'t;; ~8 317 Robin Hood Lane Costa Mesa, CA 92627 (949) 642-2239 RECEIVED OCT 2 5 20r~ SANTA ANA PLANNING OEPT September 20, 2005 Mr. Carlos Rodriguez Assistant Planner I City of Santa Ana, Planning and Building 20 Civic Center Plaza Santa Ana, CA 92702 RE: Project ] lOl (1107) W. Santa Ana Blvo. Building - Plan Check #10150206-08 Plumbing - Plan Check #30117990 Electrical - Plan Check #20130754 Mechanical - Plan Check #40113136 Dear Carlos, I am writing to request a one year extension of time beyond our November 17, 2005 deadline to have our project under way. There are a few reasons we need to request an extension of time to begin our project. First, we have vacillated back and forth, even after submitting our plans, on the best design for our structure weighed against the amount of money were are spending. We started with a two story building, but we became overwhelmed with the costs and scope of the project. We opted for a 900 ft.2 smaller building, in a one story design, which should reduce costs significantly. Second, we have been concerned about investing in this area of Santa Ana. While the lot for our building is zoned and has a land use of "Professional," all of the surrounding structures are residential and it appears they will remain that way indefinitely. To complicate matters further, the City of Santa Ana was adopting additional zoning restrictions on bail bond companies during this period and we were concerned about the impact on our business. If the city required all bail bond companies to be in a different area, our building would be worthless to us and we would need to look elsewhere. Not because we could not build there, but if all similar companies are grouped in one area, we would be the "odd man out" where no other bail offices were. After the resolution of the zoning issue we feel our site is desirable and our investment is warranted. Finally, when we returned to the 'drawing board" after the zoning issue was resolved, there were issues with our "green" construction methods, materials and who would be willing to work on our project. I am committed to building a highly energy efficient and VA 03-4 EXTENSION EXHIBIT 5 31A-7 environmentally friendly structure - a "green building." Despite the increased awareness and popularity, it is easier said than done. For example, we are using "RASTRA" for our exterior support walls, a system similar to ICF filled with concrete. This product uses recycled, plastic two liter soda bottles instead of foam and requires 50% less concrete while retaining the same strength as traditional ICF - very impressive and good for the environment. Also, we are using a passive solar design and making provisions for "off- grid" solar powered office operation. In short, this structure will be a show piece for energy efficiency and "green building" here in Santa Ana. Unfortunately, finding designers and construction companies willing to undertake such a project has been a challenge. Finally, we had our meeting to submit our detailed building plans on June 23, 2005. We believed we had ample time for the initial submission as well as time to make corrections with a resubmission of our plans for final approval. At the meeting June 23rd, you suggested I prepare a letter to request an extension of time for starting our project - even though our deadline was 5 months away. At the time I thought it would not be necessary, but it has been three (3) months and we still have not had our first review completed. I'm sure we will need at least one set of corrections and I understand "re-checks" are running in excess of two months. Whenever we receive our final plan approval, we are ready to "pull permits" and begin demolition, grading and construction. Please support our request for an extension so we can complete our project. This will be a terrific project that will be both a showcase of efficient, environmental building techniques and the start of development along West Santa Ana Boulevard - the gateway to Santa Ana. Thank you. If you have any questions or comments, I can be reached at (714) 547-7138. Sincerely, )/1 ~ . l I, (~{--<( John R. Drake L Enclosure: City of Santa Ana Miscellaneous Receipt (copy) cc: Robert Stern, Stern Architects, Inc. 31A-8 KG - 12/13/05 RESOLUTION NO. 2005-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GRANTING VARIANCE NO. 2003-04 AS CONDITIONED A ONE (1) YEAR EXTENSION FOR THE PROPERTY LOCATED AT 1101 WEST SANTA ANA BOULEVARD 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. November 17, 2003, the City Council received and filed the Planning Commission resolution approving Variance No. 2003-04 to reduce of the rear yard setback to allow the construction of a 2,277 square foot office building at 1101 West Santa Ana Boulevard. B. The applicant has requested a one (1) year extension of Variance No. 2003-04. C. The extension request came before the City Council on December 19, 2005. D. Santa Ana Municipal Code Section 41-647 authorizes the City Council to extend the date which a variance becomes void for a period for not to exceed three (3) years. E. In accordance with Section 15061 of the California Environmental Quality Act, the proposed action is not subject to CEQA. Section 2. The City Council of the City of Santa Ana hereby, approves a one (1) year extension of Variance No. 2003-04 as conditioned for the property located at 1101 West Santa Ana Boulevard. ADOPTED this _ day of December, 2005. Miguel A. Pulido Mayor 31A-9 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-118 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 31A-10 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: TENTATIVE PARCEL MAP NO. 2005-08 (COUNTY MAP NO. 2004-178) AND VARIANCE NO. 2005-61 TO SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AT 2106-2230 NORTH TUSTIN AVENUE - ROBERT H. ELSNER, APPLICANT APPROVED o As Recommended o As Amended D Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For \J~ 1J.fW )it CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report denying Tentative Parcel Map No. 2005- 08 (County Map No. 2004-178), Variance No. 2005-61(a), Variance No. 2005- 61(c) and Variance No. 2005-61(c). PLANNING COMMISSION ACTION On November 28, 2005, the Planning Commission adopted resolutions denying Tentative Parcel Map No. 2005-08 (County Map No. 2004-178), Variance No. 2005-61 (a) to allow a reduction in parking spaces, Variance No. 2005- 61 (b) to allow a reduction in minimum setbacks and Variance No. 2005- 61(c) to allow a reduction in landscaping by a vote of 6:0 (De La Torre absent) in the Arterial Commercial (C5) zoning district at 2106-2230 North Tustin Avenue (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~eVino E utive Director Planning & Building Agency AN:rb an\plancomm\tpmOS-08vaOS-61.cc 32A-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: NOVEMBER 28, 2005 TITLE: PUBLIC HEARING - FILED BY ROBERT H. ELSNER FOR TENTATIVE PARCEL MAP NO. 2005-08 AND VARIANCE NO. 2005-61 TO SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AT 2106-2230 NORTH TUSTIN 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 Ann Hsin-An Ni fI~ . Executive Director Planning Manager RECOMMENDED ACTION Adopt resolutions denying: 1. Tentative Parcel Map No. 2005-08 (County Map No. 2004-178). 2. Variance No. 2005-61(a) to allow a reduction in parking spaces. 3. Variance No. 2005-61(b) to allow a reduction in minimum setbacks. 4. Variance No. 2005-61(c) to allow a reduction in landscaping. DISCUSSION Request of Applicant Robert H. Elsner, on behalf of the Heinecke Family Trust, approval of a tentative parcel map and variances to allow parking, setbacks, and landscaping in order to subdivide a two parcels at 2106-2230 North Tustin Avenue. is requesting reductions in property into Property Description The property is located in the Arterial Commercial (C5) zoning district and has a General Plan land use designation of General Commercial (GC). The site is surrounded by commercial uses to the north, south and east and multi-family residential to the west (Exhibits 1 and 2) . EXHIBIT A 32A-2 Tentative Parcel Map No. 2005-08 Variance No. 2005-61 November 28, 2005 Page 2 The subject property is approximately 3.17 acres in area. The property is flat, slightly irregular in shape and is currently occupied by three commercial buildings with a total floor area of 31,100 square feet. The property is located on the west side of Tustin Avenue between Santa Clara Avenue and Seventeenth Street. Project Description The applicant is proposing to subdivide the existing nonconforming property into two parcels. Parcel 1 will consist of 0.50 acres of area with 259 feet of street frontage. Parcel 2 will consist of 2.63 acres with approximately 580 feet of street frontage. Parcel 2 currently does not conform to the provisions of the zoning code with respect to parking, setbacks and landscaping. A total of 170 parking spaces are provided for Parcel 2, while 181 spaces are required by code (Exhibit 3). Access to the proposed proj ect will be provided from Tustin and Santa Clara Avenues. Tustin Avenue is designated as an Arterial Street in the City's Circulation Element. Analysis of the Issues Regulating the subdivision of property for purposes of sale and development is a core function of local legislative bodies, such as cities. Whenever a new subdivision of land is proposed, staff must carefully evaluate the proposal in order to ensure that the design will result in a high quality project that will endure over time. In order to accomplish this evaluation, staff relies on the State Subdivision Map Act, goals and policies contained in the City's General Plan, and standards contained in the City's Chapter 34 of the subdivisions and Chapter 41 of the Zoning Ordinances. Section 66473 of the Subdivision Map Act states that the city shall disapprove a map for failure to meet or perform any of the requirements or conditions imposed by this division or local ordinance. Further, Section 34-67 of the Santa Ana Municipal Code states that no map shall be approved for any subdivision which, if subdivided, developed or used in the manner proposed would result in a violation of Chapter 8 (Buildings and Structures) or Chapter 41 (Zoning) of this Code. However, a tentative map may be approved subject to conditions that the subdivider obtain permits, variances or modify the proposed subdivision as necessary to conform to the requirements of said chapters. 32A-3 Tentative Parcel Map No. 2005-08 Variance No. 2005-61 November 28, 2005 Page 3 In this case, which includes a request for a variance from the City's standards in order to effectuate the sub-division, there is no special circumstance applicable to the subject property, including size, shape, topography, location or surroundings. The subject site is approximately 3.17 acres in area, located on the southwest corner of Tustin and Santa Clara Avenues. The adjacent commercial buildings are developed on sites with similar lot size and configurations. There is no basis to make the findings for the proposed variance that would allow reductions in parking, setback and landscaping. Section 66474(b) of the Subdivision Map Act also states that the legislative body of a city shall deny a tentative map if it makes the finding that the design or improvement of the proposed subdivision is not consistent with the applicable general and specific plans. In the case of the proposed project, the applicant is proposing to create a new legal parcel of land that could be owned in fee by a potential purchaser. After analyzing the proj ect, staff finds that the applicant's proposal to create new legal parcels through the proposed map is not consistent with the City's General Plan. In addition, the subdivision of a larger parcel into two smaller lots may result in adverse long-term impacts to the orderly development of this property and, therefore, the area of the city in which it is located. The subdivision of land into small parcels, as proposed by the applicant, is not consistent with Policy 2.7 of the Land Use Element of the General Plan, which is intended to promote the rehabilitation of commercial properties. The proposed subdivision of an existing parcel into two smaller parcels makes it difficult to reassemble property for future development as property continues to be subdivided, especially large-scale development proj ects. Under the current ownership conditions, the vacant parcel (proposed Parcell) would be developed as an integrated parcel with proposed Parcel 2, which contains an existing retail center. Upon the sale of one parcel to another owner, it becomes extremely difficult to maintain an integrated development due to dual ownership. Further, the development of proposed Parcel 1 would be further constrained in site and physical design, which could present challenges in attracting and maintaining long-term viable uses and, therefore, result in blighting conditions. 32A-4 Tentative Parcel Map No. 2005-08 Variance No. 2005-61 November 28, 2005 Page 4 Setback and Landscaping Variance The existing landscape setback along Tustin Avenue ranges from three feet to eight feet. There is no landscaping provided along the west property line adjacent to residential uses. A yard of not less than 15 feet is required when it is adjacent to a street and a landscaped area not less than five feet wide is required abutting a residential use. Tustin Avenue is one of the designated paths in the Urban Design Element of the General Plan. Policy 3.3 of the Urban Design Element encourages enhanced landscaping to be provided to visually strengthen the path and enhance adjacent development. Adequate setbacks and landscaping are utilized to create visual continuity and a consistent streetscape that contributes to the urban commercial character of Tustin Avenue. If approved, the proposed project would not implement these landscape standards and thus it would be inconsistent with the General Plan in this respect as well. Parking Variance A total of 170 parking spaces were provided when the shopping center was constructed in 1965. Under today's code, 181 spaces are required for all the current uses on site, representing a non-conformity of 11 parking spaces or six percent. The proposed subdivision of an existing parcel into two smaller parcels makes it difficult to coordinate rehabilitation of the buildings, parking areas and landscaping as each parcel may suffer as a "stand alone" parcel. In the past, the City has only approved variances to allow parking reductions for large commercial developments with a shared parking analysis to demonstrate two or more individual land uses could share parking spaces without conflict or encroachment. Accordingly, the proposed parking reduction is not recommended. The proposed subdivision was reviewed by the Zoning Administrator on June 22, 2005. The Zoning Administrator determined that the proposed subdivision would result in a new parcel (Parcel 2) with nonconforming setbacks, landscaping and parking. The proposed subdivision may be approved provided these variances are approved by the Planning Commission. Since the Zoning Administrator has no authority to approve or disapprove variances, the Zoning Administrator referred the proposed subdivision to the Planning Commission for action. 32A-5 Tentative Parcel Map No. 2005-08 Variance No. 2005-61 November 28, 2005 Page 5 Based upon the above analysis and findings, the proposed subdivision and variance request are not in compliance with the City's General Plan Land Use Element nor are there any special circumstances related to the property that would make it eligible for a variance. As a result, staff recommends denial of Tentative Parcel Map No. 2005-08 (County Map No. 2004-178) and Variance No. 2005-61a, band c. CEQA Compliance This proj ect was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15270. This exemption applies to projects which a public agency disapproves. 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M F R AV, " " < o ~ 'E ~~ .::" C1 ~ ~ C1 ~r-~'~ ~ R1 R4 i '....Il I~' t I __J J -' R4-PWQ 'I L::=.:::-I'l ~-~ S)_J R4-PRD A1 -B C-SM C1 C1-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT a t$P.~ TPM 05-08/ VA 05-61 TUSTIN AVENUE SHOPPING CENTER PARCEL MAP 2106-2230 NORTH TUSTIN AVENUE l' = 1000 FEET r? \\ C i t Y of T us tin ~ ~ == W w a: u.. II> II> L ~[ ~~ R1 R2 R3 R4 RE SO SP SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN A cW' - = 500 FEET N G AGE N C Y P LAN N AND BU LD EXHIBIT 1 32A-7 N G 1m ~~ COMMERCIAL COMMERCIAL A c9I' AGE N C Y COMMERCIAL VACANT RETAIL SALES SANTA CLARA AVENUE " CHILDCARE W CENTER ::::l -.J Z W "'--- ~ '" - C> PROJECT SITE ct RESIDENTIAL lu ~ ::, z i= 0 COMMERCIAL CJ) ::::l ~ C> RES DE~TI L VACANT / CATALINA AVENUE RtjSIDIEN TjIA LI COMMERCIAL '1 r TPM 05-08/ VA 05-61 TUSTIN AVENUE SHOPPING CENTER PARCEL MAP 2106-2230 NORTH TUSTIN AVENUE PLANNING AND BUILDING EXHIBIT 2 32A-8 ~ ~ - .J I ~ ~ Il:~ <:) ~c:s <:) ~~i ~~ C\i ~~! ~ 0; . i;~ ~ ~ '~I ~ 1:1 I!I i;d t) n; ~' Cc: ~ "'~ ~ ~:s ...... ~i! ~ ~~f ~ih ~ ~ t-.:: ., u ~~ (133~S :JI7Bnd) 3nN3/1 V VI:/V7:J V.1NVS ~~ -- - - - ~ - ~ - -----. -~ -.~_. ~ i:~ { ~~~ I, ~ ~~~ ~.~ ~ji ~~~ r ~ "" i1 "'~ ~ ~~~ I:! !,~ O!; ~ ~ ~~ ~ r~ l~ ~ ~ ~ ~~~ G:J ~ ~~~ ~i~ ~ ~ ; il~~ t:J ~ . , @ I @ " w~~ -~- ~~ ~ai ~ 1;; ~ ~ . 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" ,'~,. ~ '-.'- ~, ~ !l! j:: ~ ~ .... ~~~ eu ~~~ ~~ti ~~~ .~E~ 'u, <' :oJ;:, ~~ ct:~ "'l:~ Cl ~ ~\ "\,).''-* ~ '\).... ., ~ .,..., i1' D ~ '" r..., &5 I I~ I ~" I ~lj I '" f" II ~~ f..:~ 9)~ 2 0~ I I -0 "" " ~ ~ ~ ~~ ~ ~ ~ u ~ ~ ~ ~ ~"- i~S ~~~ ~ ~ ~ IHg g~El ~ ~ i I I I 1. ~ ~ j"'C' Iii C> C> '" u,,' f ~ ~' ~ .' ~ ~ h l.) '( l'-' ~ r;'6t " I I I l I I +. I I I I I I ~" I E;~ I 't ~~'O( ~~~ ~~" ~s~ I "N h a ---1 KO -11/22/05 RESOLUTION NO. 2005-78 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING TENTATIVE PARCEL MAP NO. 2005-08 (COUNTY MAP NO. 2004-178); VARIANCE NO. 2005-25(A) FOR A REDUCTION IN PARKING SPACES; VARIANCE NO. 2005-25(B) FOR A REDUCTION IN MINIMUM SETBACKS; AND DENYING VARIANCE NO. 2005-25(C) FOR A REDUCTION IN LANDSCAPING FOR THE PROPERTY LOCATED AT 2106-2230 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Tentative Parcel Map No. 2005-08 (County Map No. 2004-178); Variance No. 2005-25(a) to allow a reduction in parking spaces; Variance No. 2005-25(b) to allow a reduction in minimum setbacks; and Variance No. 2005-25(c) to allow a reduction in landscaping for the property located at 2106-2230 North Tustin Avenue. B. Tentative Parcel Map No. 2005-08, Variance No. 2005-25 (a)(b) and (c) came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 28, 2005. C. Applicant is requesting approval of Tentative Parcel Map No. 2005-08 (County Map No. 2004-178) for the property located at 2106-2230 North Tustin Avenue. 1. For Tentative Parcel Map No. 2005-07, the Planning Commission determines that the findings necessary to grant the Tentative Parcel Map have not been established: i. The proposed project, as conditioned, and its design and improvements are consistent with the General Commercial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision is not consistent with the Land Use element of the General Plan. As property continues to be subdivided, it becomes difficult to reassemble property for future development or rehabilitation, especially large-scale development projects. The subdivision of land into small parcels, 32A-10 Resolution No. 2005-78 Page 1 of 6 as proposed by the applicant, is not consistent with Policy 2.7 of the General Plan which is intended to promote the rehabilitation of commercial properties. ii. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision does not conform to the provisions of the Subdivision Map Act. Section 66474{b) of the Subdivision Map Act states that the legislative body of a city shall deny a tentative map if it makes the finding that the design or improvement of the proposed subdivision is not consistent with the applicable general and specific plans. Under the current ownership conditions, the vacant parcel (Parcel 1) would be developed as an integrated parcel with Parcel 2, which contains an existing retail center. Upon the sale of one parcel to another owner, it becomes extremely difficult to maintain an integrated development due to dual ownership. The coordinated rehabilitation of the buildings, parking areas and landscaping would suffer as each parcel would be a "stand alone" parcel. iii. The project site is physically suitable for the type and density of the proposed project. The proposed site is not physically suitable for the subdivision as proposed since new nonconformance in the parking requirement existed at Parcel 2. A total of 181 parking spaces are required for Parcel 2, only 170 parking spaces are provided. iv. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Since the project site is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. v. The design or improvements of the proposed project will not cause serious public health problems. There are no new buildings or building square footage proposed as part of this project and, therefore, no alterations are proposed to the development project 32A-11 Resolution No. 2005-78 Page 2 of 6 that would create public health problems. The subdivisions proposed in Tentative Parcel Map No. 2005-08 will not affect the health or safety of persons residing in the vicinity since the project does not involve any new buildings on the project site. vi. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The subdivision proposed will not create any conflicts with existing easements found on the site. If approved, Covenants, Conditions and Restrictions (CC&Rs) will be required to ensure the appropriate easements such as access, egress, drainage, utility and other necessary easements are maintained over both parcels. D. Applicant is requesting approval of Variance No. 2005-25(a) to allow a reduction in parking spaces; Variance No. 2005-25(b) to allow a reduction in minimum setbacks; and Variance No. 2005-25(c) to allow a reduction in landscaping for the property located at 2106-2230 North Tustin Avenue 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. The Planning Commission determines that the findings necessary to grant the Variances have not been established: i. 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. There is no special circumstance applicable to the subject property. The subject site is approximately 3.17 acres in area, located on the southwest corner of Tustin and Santa Clara Avenues. The property is flat, slightly irregular in shape and is currently occupied by three commercial buildings with a total floor area of 31,100 square feet. The site is surrounded by commercial uses to the north, south and east and multi-family residential to the west. The adjacent commercial buildings are developed on sites with similar lot size and configurations. As such, the subject property is not being deprived of privileges that are not otherwise at variance with the intent and purpose of the provisions of SAMC Chapter 41 because of strict application of the zoning ordinance. 32A-12 Resolution No. 2005-78 Page 3 of 6 ii. 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 is not necessary for the preservation and enjoyment of property right since the property currently exists as a legal parcel with nonconforming setback, landscaping and parking. A legal non-conforming building and/or site could continue to be used or occupied without the need to comply with current code. The granting of the setback, landscaping and parking variances will prohibit this property to be brought into conformance with the city development standards when future development occurs. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Adequate setbacks and landscaping are utilized to create visual continuity and a consistent streetscape that contributes to the urban commercial character of Tustin Avenue. Further, the City has only approved variances to allow parking reductions for large commercial development with a shared parking analysis to demonstrate two or more individual land uses could share parking spaces without conflict or encroachment. Further, Tustin Avenue is one of the designated paths in the Urban Design Element of the General Plan. Policy 3.3 of the Urban Design Element encourages enhanced landscaping to be provided to visually strengthen the path and enhance adjacent development. Adequate setbacks and landscaping are utilized to create visual continuity and a consistent streetscape that contributes to the urban commercial character of Tustin Avenue. The granting of the parking, setbacks and landscaping variances will be materially detrimental to the public welfare or injurious to the surrounding property by allowing a commercial development that is not in scale and character with existing development in the area. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the General Plan of the City. Tustin Avenue is one of the designated paths in the Urban Design Element of the 32A-13 Resolution No. 2005-78 Page 4 of 6 General Plan. Policy 3.3 of the Urban Design Element encourages enhanced landscaping to be provided to visually strengthen the path and enhance adjacent development. Adequate setbacks and landscaping are utilized to create visual continuity and a consistent streetscape that contributes to the urban commercial character of Tustin Avenue. Policy 2.7 of the Land Use Element of the General Plan promotes the rehabilitation of commercial properties while Policy 2.9 of the Land Use Element supports new developments which are harmonious in scale and character with existing development in the area. The granting of the variance will prohibit this property to be brought into conformance with the city development standards when future development occurs. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15270. This exemption applies to projects which a public agency disapproves. Statutory Exemption Environmental Review No. 2004-178 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby denies for the property located at 2106-2230 North Tustin Avenue: 1. Tentative Parcel Map No. 2005-08 (County Map No. 2004-178). 2. Variance No. 2005-25(a) to allow a reduction in parking spaces. 3. Variance No. 2005-25(b) to allow a reduction in minimum setbacks. 4. Variance No. 2005-25(c) to allow a reduction in landscaping. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated November 28,2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference ADOPTED this 28th day of November, 2005 by the following vote: AYES: Commissioners: Betancourt, Cribb, Gartner, Leo, Lutz, Rodriguez(6) NOES: Commissioners: None (0) ABSENT: Commissioners: De La Torre (1) ABSTENTIONS: Commissioners: None (0) 32A-14 Resolution No. 2005-78 Page 5 of 6 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, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-78 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 28, 2005. Date: Clerk of the Planning Commission City of Santa Ana 32A-15 Resolution No. 2005-78 Page 6 of 6 32A-16 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: APPROVED RESOLUTION FOR HAZARD ELIMINATION SAFETY GRANT APPLICATION AND APPROPRIATION ADJUSTMENT ACCEPTING HAZARD ELIMINATION SAFETY FUNDS FOR TRAFFIC SIGNAL AT 5TH AND JACKSON STREETS o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO 0aNJJ l'v. ~ CITY MANAGER FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution supporting federal funding for a traffic signal proj ect at 5th. Street and Jackson Street and authorizing the Executive Director of the Public Works Agency to submit the project for funding consideration under the Hazard Elimination Safety Program. 2. Approve an appropriation adjustment accepting $237,600 into the Hazard Elimination Safety fund revenue account (account no. 147-01-5350) and appropriate the funds to expenditure account (account no. 147-651-6631). DISCUSSION Last year staff submitted an application for 5th Street and Jackson Street for Hazard Elimination Safety (HES) funding. The City has received approval of the proposed grant of $237,600. The City Council must also adopt a resolution and authorize the Executive Director of the Public Works Agency to formally submit the project for funding as required by Caltrans. This grant will provide for the design and construction of a traffic signal at the intersection of 5th Street and Jackson Street. City matching funds in the amount of $26,400 are required. Traffic signal design is underway and installation is expected in September 2006. ENVIRONMENTAL IMPACT Environmental review will be conducted for this project and will be presented to the City Council when the construction contract is awarded. This type of project typically qualifies for a Categorical Exemption. 55A-1 Resolution for HES Grant Application And Appropriation Adjustment For 5th and Jackson Street December 19, 2005 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Hazard Elimination Safety revenue account (account no. 147-01-5350) by $237,600 and the expenditure account (account no. 147-651-6631) by $237,600. The City's matching funds in the amount of $26,400 will be budgeted in the City's FY 2006/2007 Capital Improvement Program. -f'~ C' APPROVED AS TO FUNDS AND ACCOUNTS: r :\:~"~ >,'" " ,J.-....~ Francisco Gutierrez Executive Director/~ Finance & Management Services Agency James G. Ro s Executive Director Public Works Agency F:\RFCA'S\RFCA-Final\12 19 05 Reso & Recognizing HES funds.doc 55A-2 12/07/05Iss RESOLUTION NO. 2005-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING FEDERAL FUNDING OF PROJECT AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO SUBMIT THE PROJECT FOR FUNDING UNDER THE HAZARD ELIMINATION SAFETY PROGRAM 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 State of California Department of Transportation (Caltrans) has been authorized to select projects for funding through the Hazard Elimination Safety Program (Program) for Federal fiscal year 2005/2006, to use federal transportation funds for correction of roadside obstacles and unmarked or poorly marked roads, which may constitute a danger to motorists, bicyclists and pedestrians; and B. Caltrans makes grants available to local governmental agencies under the Program based on the results of a statewide competition; and C. Projects eligible for funding include traffic signals; and D. The City Council of the City of Santa Ana possesses the legal authority to nominate, finance, acquire, and construct projects that are eligible for funding under the HES Program; and E. The City Council of the City of Santa Ana supports efforts to eliminate roadway hazards in the City of Santa Ana. Section 2. The City Council of the City of Santa Ana authorizes the Executive Director of the Public Works Agency or his designee to execute, in the name of the City of Santa Ana, all necessary applications required to be submitted to Caltrans for the project identified in Exhibit 1 for funding under California's Hazard Elimination Safety Program. 55A-3 12/07/05Iss Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2005-119 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 55A-4 12/07/05155 Hazard Elimination Safety Program Project Recommended For Grant Application FY 2005-2006 Location Improvement Cost 5th / Jackson Install new traffic signal $237,600 Total $237,600 EXHIBIT 1 55A-5 55A-6 REQUEST FOR COUNCIL ACTION I...il~\ ~~~, (~<1u"altOIl is,"', ~~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For PUBLIC HEARING - ISSUANCE OF TAX-EXEMPT BONDS FOR ROSS AND DURANT PROPERTIES ,~ , )~;' ~4~-~12 CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution approving the issuance of tax-exempt, multi-family housing revenue bonds by the Housing Authority of the City of Santa Ana for the purpose of financing the acquisition and rehabilitation of the properties located at 1501 N. Ross Street and 1411 and 1401 N. Durant Street. DISCUSSION In 1982, the Tax Equity and Fiscal Responsibility Act imposed new requirements for tax exempt bonds to ensure that bonds issued after December 31, 1982, became subject to public hearing requirements. Before bonds can be sold, the legislative body within the jurisdiction where the project is located must hold a public hearing at which time the public may discuss the proj ect and the issuance of the bonds. Any future bonds issued by the Authority shall not be an obligation of the Authority or the City. On December 4, 2005, notification of the public hearing was published in the Orange County Register. Ross & Durant, LP, a partnership of Orange Housing Development Corporation and C & C R&D, LLC, and the Limited Tax Equity Partner, is requesting that the City Council hold a public hearing to consider the issuance of multi- family housing revenue bonds by the Housing Authority of the City of Santa Ana, and that subsequent to the public hearing the City Council adopt a resolution approving the financing of their proposed project by the Housing Authority. If approved, the bond proceeds will provide for the acquisition and rehabilitation of two apartment complexes located at 1501 N. Ross Street and 1411 N. Durant Street, and a single family residence located at 1401 N. Durant Street (Exhibit 1). They anticipate 75A-1 Public Hearing - Issuance of Tax-Exempt Bonds for Ross and Durant Properties December 19, 2005 Page 2 reconfiguring the sixty-six studio and one bedroom units in the two apartment complexes into one, two and three bedroom units. The single- family residence is a historic property. It will be rehabilitated in a manner that will protect and enhance its historic character and be used to provide learning and recreational opportunities for neighborhood youth. The acquisition and rehabilitation of these properties will assist the City in meeting its overall affordable housing goals. FISCAL IMPACT There are no fiscal or economic liabilities or obligations assumed or imposed upon the City of Santa Ana as a result of the public hearing or the adoption of the resolution. Patricia C. Whitaker Executive Director Community Development Agency PCT/SL-B/mlr H:\ACTIONS\2005 CC\PH - IssuanceTaxExemptBondsRoss-Durantprops 12-19-05.doc 75A-2 11/21/05LES RESOLUTION NO. 2005-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA FOR THE PURPOSE OF FINANCING THE ACQUISITION AND REHABILITATION OF MULTIFAMILY RENTAL HOUSING FACILITIES 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 Housing Authority of the City of Santa Ana (the "Authority") is authorized by Chapter 1 of Part 2 of Division 24 (commencing with Section 34200) of the Health and Safety Code of the State of California (the "Law"), to issue and sell its revenue bonds for the purpose of financing the acquisition, construction, rehabilitation or development of multifamily rental housing for families and individuals of low and very low income. B. Ross & Durant, L.P., a California limited partnership, or a limited partnership or a limited liability company to be formed by Orange Housing Development Corporation, a California nonprofit public benefit corporation (the "Developer"), has requested the Authority to issue and sell revenue bonds in a principal amount not to exceed ten million dollars ($10,000,000) (the "Bonds") pursuant to the procedures specified in the Law for the purpose of financing the acquisition and rehabilitation by the Developer of certain land and facilities consisting of a 30-unit multifamily rental housing development located at 1501 N. Ross Street, Santa Ana, California, a 35-unit multifamily rental housing development located at 1411 N. Durant Street, Santa Ana, California and a single family structure located at 1401 N. Durant Street, Santa Ana, California (collectively, the "Project"). 75A-3 C. The Bonds will be considered to be "qualified exempt facility bonds" under Section 142 (a) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 147(f) of the Code requires that the "applicable elected representatives" with respect to the Authority hold a public hearing with respect to the issuance of the Bonds. D. The Authority has determined that the City Council of the City of Santa Ana is the "applicable elected representatives" to hold said public hearing. E. Notice of said public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing and operation of the Project and the Authority's issuance of the Bonds therefore. F. The City Council of the City of Santa Ana, as the "applicable elected representatives" of the Authority, approves of the issuance of the Bonds as in the public interests of the Authority. G. The appropriate officers or staff of the Authority are hereby authorized, for and in the name of and on behalf of the Authority, to make an application to the California Debt Limit Allocation Committee for an allocation of private activity bonds for the financing of the Project. Section 2. The City Council hereby approves the financing of the acquisition and rehabilitation of the Project by the Authority under the Law. Section 3. The issuance of the Bonds shall be subject to approval by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority to the underwriter thereof. Section 4. This resolution shall take effect immediately. 75A-4 ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-120 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-5 75A-6 REQUEST FOR AGENCY! COUNCIL ACTION ~ ~ CLERK OF COUNCIL USE ONLY: MEETING DATE: DECEMBER 19, 2005 TITLE: JOINT PUBLIC HEARING - FIRST IMPLEMENTATION AGREEMENT AND AMENDMENT TO VARIANCE NO. 1998-06 SAINT JOSEPH BALLET APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO '01 ~ (/ :J;;fJ 2~~ C&l X tLuJ~ FILE NUMBER CITY MANAGER ~ECLQWE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Community Redevelopment Agency pursuant to the First Implementation Agreement with the Saint Joseph Ballet Company for the sale of certain real property in the Merged Redevelopment Project Area and approving the sale of said real property upon the terms and conditions contained in the agreement. 2. Adopt a resolution approving an amendment to Variance No. 1998-06 as conditioned. REDEVELOPMENT AGENCY ACTION Adopt a resolution approving the First Implementation Agreement with the Saint Joseph Ballet Company. PLANNING COMMISSION ACTION Recommended that the City Council adopt a resolution approving an amendment to Variance No. 1998-06 as conditioned at its December 12, 2005 meeting by a vote of 7:0. DISCUSSION In August 3, 1998, the City Council and Redevelopment Agency approved the Disposition and Development Agreement (DDA), and related documents and actions needed in order to proceed with development of a new facility for the Saint Joseph Ballet Company (SJBC). In August 1999, SJBC moved into its new 21,500 square foot facility in the Museum District between Kidseum and 19th Street. The proj ect continues to be a success and has 80A-1 JT Public Hearing - First Implementation Agreement And Amendment to Variance No. 1998-06 Saint Joseph Ballet December 19, 2005 Page 2 enhanced the overall success of the City's arts and culture corridor along Main Street. As part of the August 1998 official actions, shared parking arrangements were initiated with Bowers Museum. To ensure that parking was readily available for the SJBC proj ect, as well as Bowers Museum, a joint parking lease agreement was approved that established the rights and responsibility for use of the Agency-owned parking lots south of Bowers and west of Kidseum and SJBC (see Exhibit A). That agreement assured that both parties would be able to use either lot and would coordinate to ensure that special events are not held on the same date and time to avoid parking shortfalls. The agreement also provided that the Agency would retain development rights to the lots so long as replacement parking is provided within a reasonable distance of the facilities. The Bowers Museum expansion, which is now underway , involves a 30,000 square foot building expansion and a new surface parking lot. The new parking lot will be developed on three parcels of property located immediately north of the existing facility. The property is currently owned by the Steadfast Communities. A land exchange between the City and Steadfast Communities will be facilitated in order to provide parking for the expanded Bowers Museum and to develop Steadfast's mixed-use luxury housing project. The site on which the Steadfast project will be developed is currently owned by the City/Agency and used as the main parking lot for Bowers Museum and SJBC. The First Implementation Agreement addresses the loss of parking at Bowers Museum's existing south parking lot as a result of the proposed land exchange between the City and Steadfast. Under the implementation agreement, SJBC will receive 50 parking spaces in the new north parking lot under the same provisions as its current 50-space allocation in the existing Bowers south parking lot. Addi tionally, the Agency will grant SJBC fee simple title to the two parking lots behind Kidseum and SJBC for $1.00, with the exception of the row of parking immediately adjacent to the Kidseum and east of the north/south alley between 18th and 19th Streets. SJBC will then lease the property back to Kidseum under the same terms and conditions that presently exist for shared parking. Lastly, the Agency will allow SJBC the first right of offer and the first right of refusal to purchase the Kidseum property at any time in the future if the City and Bowers no longer desire to operate a Kidseum and/or museum programs in the Kidseum facility. 80A-2 JT Public Hearing - First Implementation Agreement And Amendment to Variance No. 1998-06 Saint Joseph Ballet December 19, 2005 Page 3 On December 12, 2005, the Planning Commission recommended that the City Council adopt a resolution approving an amendment to Variance No. 1998-06 as conditioned by a vote of 7:0 to amend the conditions of approval for the St. Joseph's Ballet Studio located at 1818 North Main Street in the Community Commercial-Museum District (C1-MD) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit B) . FISCAL IMPACT Funds from the sale of Agency-owned property will be deposited in the Merged Project Area Sale of Land Account (account no. 570-01-5721). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Ja . Trevino Ex tive Director Planning & Building Agency t?~ ~-I--' D ~ Franci~co G~tierrez 0 Executlve Dlrector f Finance & Management Services Agency ~~ftc;i~~ Executlve Dlrector Community Redevelopment Agency PCW/JLQ/mlr H:\ACTIONS\200S CC\JT P.H. CC-CRA FirstlmpAgree&VarianceNo1998-06StJosephBallet 12-19-0S.doc 80A-3 [=:J &:0:-"':-..('-3 :,..~-~,. X"...: "" _._ ~ ~ 19th Street ] DIII L J [ 18th Street 18th Street ] I rnm ~ ] l I 0 N 17th Street I f 1 r 1 r ~ .. : .. .. : .. .. .- .. .- : .. .- .- .. .'" .- .. .- .- ..- .- .-.....:.'"...-.-...-.-....-.- .. .. .... .. .. .... .. .. .. . . . ".." .." .." .." .. .. .-.-.. .....- ....... .....- ......- ......- .. ................ .. .." ........ .." .." .." .. =- CQ 3:: "C CQ o .... co - Q) Q) .... . - . - '. - - . - - - G;,) .. .............. .. ".." _ :-:-'-'-'-:'::-::-::':_': c - - - - - - - -' - - . - - . - - - . . - . CQ .. ......-.- .......-.-.-.. ~ . - .- - .: :::: -:: :: _ : : _ : : . : : . . 0:::;;; .. ........ .." .." .." ........................ .. .. .- .. ..... ._ ..... ..'" '": ,,_ .: .e,: ._ ...... ._ .-,: .'" ....... .. .. ...... .. 20th Street . . . .. .." ...... .4.......... .. .......................... .. ".. .. .. .. .. .. .. .. .. ................. BOWERS MUSEUM SJBCIKIDSEUM PARKING ST. JOSEPH BALLET KIDSEUM EXHIBIT A 80A-4 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: DECEMBER 12, 2005 TITLE: PUBLIC HEARING - TO ALLOW AN AMENDMENT TO VARIANCE NO. 1998-06 FOR THE ST. JOSEPH BALLET STUDIO APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Sergio Klotz V/lW.!..~~ ~ Planning M age ~~cutive Director RECOMMENDED ACTION Recommend that the City Council adopt a resolution approving an amendment to Variance No. 1998-06 as conditioned. DISCUSSION Request of Applicant An amendment to the conditions of approval for Variance No. 1998-06 at 1818 North Main Street. Property Description The proj ect Streets and (Exhibit 1). is located at the improved with a southwest two-story corner of Nineteenth and Main studio and office structure The General Plan designation for the property is District Center (DC). The corresponding zoning designation for the property is Community Commercial-Museum District (C1-MD). The surrounding uses include a surface parking lot (future Cordoba mixed use proj ect) and the Bowers Museum to the north; the Kidseum to the south; residential uses to the west; and a variety of commercial uses to the east (Exhibit 2). EXHIBIT B 80A-5 Variance No. 1998-06 December 12, 2005 Page 2 Project Description The proj ect consists of deleting one of the conditions of approval for Variance No. 1998-06. Specifically, a Planning Division condition reads, "In the event the Kidseum or Bowers Museum South Lot parking facilities are removed, replacement parking facilities must be located on a site within 300 feet of the St. Joseph Ballet parcel." The land exchange to facilitate the new expansion of the Bowers Museum to the north between the City and the private developer, Steadfast Companies, will result in noncompliance with this condition. Analysis of the Issues A land exchange was agreed and approved to facilitate the Bowers Museum and the Cordoba proj ects, one of the outcomes being the removal of the current surface parking lot located between the museum and St. Joseph Ballet. During the public hearings for both the Bowers Museum and Cordoba projects, the availability of parking for the St. Joseph Ballet was discussed. As discussed during the meetings, staff has worked with St. Joseph Ballet to reach a solution. In an effort to honor the condition imposed on the St. Joseph Ballet variance, satellite parking has been identified within the surrounding area. Consequently, it is recommended that the condition specifying the lineal distances to the parking be deleted in order to afford St. Joseph Ballet with maximum flexibility. The condition deletion would allow the use of up to 50 parking spaces at the new Bowers parking lot under construction to the north of the museum. By removing this condition, more flexibility would be granted for future parking considerations. Attached for consideration are the findings and conditions for Variance No. 1998-06 (Exhibits 3 and 4). In concert with this action, the City Council will be considering an agreement committing parking directly behind the St. Joseph facility, the Kidseum and a surface parking lot (2011 North Main Street) for use by St. Joseph Ballet. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed is Categorically Exempt. No further environmental review is Env' nmental Review No. 97-116(a) will be filed for this sk\reports\va98-06.amend.pc 80A-6 LllitJl:J\j ] R1 > R1 w , R1 ~ R1 " R1 R1 [ [ R1 [ { I[ R1 R1 R1 R1 R1 R1 R1 R1 R1 ~ R1 " R1 ~ i R1 ~ R1 R1 R1 R1 R1 R1 Gr& R2 ~ C1 _135 C4 Cl ; SD-73 ~ C1 ~.~ Cl I Cl II ;> ;" 0 IJffi. :1; :1; 0 m ~.. jDrn[J~~ ' R8ffi I 0~~~ ' SP-3 Al -B C-SM Cl Cl-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-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 R4 RE SO SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN ~ ~~ AMENDMENT TO VA 98-6 ST. JOSEPH BALLET 1818 NORTH MAIN STREET A cW' - = 500 FEET 1" = 1000 FEET P LAN N N G AND BU LD EXHIBIT 1 80A-7 N G AGE N C Y I ....J <>: <:l I- - <: <:l w I ~ <: w (.) a: 0: :.:: I- 0: <>: 0: en OJ.. <>: l.lJ 0.. ~ ~ :::> ~ SINGLE F ~MILY I ESIDE^ T1AL Lu :::> ~ CI) Lu - I :::> CI) a ~ :::> ~ (.) - NINETEENTH STREET .--- '\ CAR WASH SINGLE 'AMIL Y RESIDE T1AL PARKING PROJECT SITE / ------ <:l <: EIGHTEENTH ST. SI VGLE f AMIL Y F ESIDH T1AL :.:: MUSEUM 0: I <>: 0.. J "- OFFICE EIGHTEENTH STREET I SFR Z PARKING PA R K I ~ G MEDICAL < :::!: "- ./ 1 COMMERCIAL r 1m ~-"'-~ AMENDMENT TO VA 98-6 ST. JOSEPH BALLET 1818 NORTH MAIN STREET A c9f' PLANNING AND BUILDING AGE N C Y EXHIBIT 2 80A-8 Variance No. 1998-06 December 12, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the Municipal Code; The proposed condition deletion will allow the St. Joseph Ballet the ability to continue to share parking with the Bowers Museum. The amendment to the condi t ion of approval will allow the continued use of parking between the two facilities. The continued use of the Bowers Museum parking will help to prevent parking intrusion into the residential neighborhood and ensure that the use will not negatively affect the surrounding community. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; Approval of the condition amendment would allow for the continued orderly development of the St. Joseph Ballet and the museum corridor. The amendment to the condition of approval would allow the two facilities to continue their successful parking coordination and agreement. The deletion of the condition will allow St. Joseph Ballet similar flexibility as the Bowers Museum is experiencing sharing parking with existing facilities in the area. c. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property; The approval of the variance modification will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. The amendment to the conditions of approval would allow the continued use of the Bowers parking lot for the St. Joseph Ballet. The deletion of the condition language would allow the sharing of parking between the two facilities, as well as potentially other facilities, thereby ensuring parking outside of the residential neighborhood. 80J('!~T 3 Variance No. 1998-06 December 12, 2005 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the CitYi The granting of the variance will not adversely affect the Ci ty I S General Plan land use designation of District Center (DC). The amendment of the condition of approval to allow the continued shared parking between two facilities is consistent with and thereby helping to achieve Goal 5.0 of the Land Use Element, "Ensure that the impacts of development are mi tigated. " The sharing of parking along a maj or arterial would assist in protecting the residential neighborhood from parking intrusion. 80A-1 0 DECEMBER 12, 2005 PAGE 1 OF 1 Conditions for Approval Should modification to Variance No. 1998-06 be approved, the project shall comply 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. In addition, it shall meet the following conditions: 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. Compliance with DP No. 97-61 Site Plan Review comments with the exception of the items covered by the variance. 2. A parking plan needs to be submitted that identifies additional parking facilities that will be used during those days that events between the ballet studio, Bower's Museum and the Kidseum are held simultaneously. 3. In thc cvcnt thc KidocUFR or I3o.y;cr' 0 P1uocum South Lot p.:J.rking f.:J.cilitico .:J.rc rcm07cd, rcpl.:J.ccmcnt p.:J.rking f.:J.cilitico ffiUOt bc 10c.:J.tcd on .:J. oitc .yJithin 300 fcct of thc Ct. Joocph I3.:J.llct p.:J.rccl. 4. Any changes to the building elevations, including materials and colors, must be submitted to staff for review. 5. The crushing of any demolition materials will not be permitted on the site. All construction debris must be removed from the premises within five working days. B. Police Department 1. The alcove created by the patio on the north perimeter of the proj ect needs to be fenced off with materials acceptable to the Planning Division and Police Department. 2. The existing parking lot immediately west of the studio, the student drop-off area, and the entrances to the facility located at each gate and on the north perimeter must be illuminated to a minimum maintained one footcandle of light. 80A+ti31r 4 bk:12/12/05 RESOLUTION NO. 2005-121 A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO THE FIRST IMPLEMENTATION AGREEMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AND THE SAINT JOSEPH BALLET COMPANY, FOR THE SALE OF CERTAIN REAL PROPERTY IN THE MERGED REDEVELOPMENT PROJECT AND APPROVING THE SALE OF SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THE FIRST IMPLEMENTATION AGREEMENT 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 Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Project Area, in the area formerly known as the Central City Project. B. In order to implement the Redevelopment Plan, the Agency has previously agreed, subject to the approval of this Council, to lease for fifty (50) years for one dollar ($1.00) certain real property in the Project Area, pursuant to the terms and provisions of that certain Disposition and Development Agreement (hereinafter referred to as the "Agreement") between the Agency and the Saint Joseph Ballet Company, which is on file in the office of the Executive Director of the Agency, in which said real property, located between 18th and 19th Streets in the City of Santa Ana, County of Orange (collectively "the Site") is described. The properties are required to be utilized as free parking for employees and guests of the Saint Josephs Ballet. D. The Developer has requested, by way of a First Implementation Agreement, to acquire the Site for its fair reuse value of one dollar ($1.00) rather than continue to lease the Site for fifty (50) years for one dollar ($1.00). 80A-12 E. The First Implementation Agreement, a true and correct copy of which is on file with the Secretary, contains all of the provisions, terms, conditions and obligations required by the state and local laws. F. Pursuant to Environmental Review No. 97-116a, a categorical exemption has been issued in compliance with the California Environmental Quality Act. G. Pursuant to the provisions of the California Redevelopment Law, the Agency and the City Council have held a duly noticed joint public hearing on the proposed sale of the Site pursuant to the Agreement. Section 2. The City Council has considered all terms and conditions of the proposed sale and hereby finds and determines that the sale and the redevelopment of the Site as provided for in the First Implementation Agreement is the best interests of the City of Santa Ana and the health, safety and welfare of its residents, and is in accord with the public purpose and provisions of the applicable state and local laws. Section 3. The City Council hereby finds and determines that the consideration for the revised sale price for the Site pursuant to the First Implementation Agreement is not less than the fair reuse value of the Site determined in accordance with the covenants and conditions governing the sale in consideration of the use and with the covenants and conditions and development costs authorized by the sale. Section 4. The sale of the Site by the Agency to Saint Josephs Ballet Company, upon the terms and conditions contained in the First Implementation Agreement is hereby approved. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor 80A-13 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2005-121 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 80A-14 KO-12/13/05 RESOLUTION NO. 2005-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT TO VARIANCE NO. 1998-06 AS CONDITIONED TO ALLOW VARIANCES FOR A REDUCTION IN THE REQUIRED SIDE YARD SETBACK AND PARKING FOR THE SAINT JOSEPH BALLET STUDIO LOCATED AT 1818 NORTH MAIN STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On August 3, 1998 the City Council approved Variance No. 1998-06 to allow variances for a reduction in the required side yard setback and parking for the Saint Joseph Ballet Studio located at 1818 North Main Street. B. To facilitate the new expansion of the Bowers Museum to the north between the City and the private developer, Steadfast Companies, a land exchange is proposed. This land exchange will result in noncompliance with one of the conditions of Variance No. 1998-06, which reads "In the event the Kidseum or Bowers Museum South Lot parking facilities are removed, replacement parking facilities must be located on a site within 300 feet of the St. Joseph Ballet parcel." C. On December 12, 2005 the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council approve the amendment of Variance No. 1998-06 to remove the above condition. D. On December 19, 2005, the City Council held a duly noticed public hearing on the amendment of Variance No. 1998-06. E. The City Council of the City of Santa Ana determines that the following findings have been established to amend Variance No. 1998-06: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at 80A-15 variance with the intent and purpose of the provisions of the Municipal Code. The proposed condition deletion will allow the St. Joseph Ballet the ability to continue to share parking with the Bowers Museum. The amendment to the condition of approval will allow the continued use of parking between the two facilities. The continued use of the Bowers Museum parking will help to prevent parking intrusion into the residential neighborhood and ensure that the use will not negatively affect the surrounding community. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Approval of the condition amendment would allow for the continued orderly development of the St. Joseph Ballet and the museum corridor. The amendment to the condition of approval would allow the two facilities to continue their successful parking coordination and agreement. The deletion of the condition will allow St. Joseph Ballet similar flexibility as the Bowers Museum is experiencing sharing parking with existing facilities in the area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of the variance modification will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. The amendment to the conditions of approval would allow the continued use of the Bowers parking lot for the St. Joseph Ballet. The deletion of the condition language would allow the sharing of parking between the two facilities, as well as potentially other facilities, thereby ensuring parking outside of the residential neighborhood. 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 City's General Plan land use designation of District Center (DC). The amendment of the condition of approval to allow the continued shared parking between two facilities is consistent with and thereby helping to achieve Goal 5.0 of the Land Use Element, "Ensure that the impacts of 80A-16 development are mitigated." The sharing of parking along a major arterial would assist in protecting the residential neighborhood from parking intrusion. Section 2. The City Council after conducting the public hearing hereby approves amendment of Variance No. 1998-06 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated December 19, 2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this day of ,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 80A-17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-122 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 80A-18 Amendment to Conditions for Approval for Variance No. 2005-25 Amendment of Variance No. 1998-06 is hereby approved. The project shall comply 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. In addition, it shall meet the following conditions: 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. Compliance with DP No. 97-61 Site Plan Review comments with the exception of the items covered by the variance. 2. A parking plan needs to be submitted that identifies additional parking facilities that will be used during those days that events between the ballet studio, Bower's Museum and the Kidseum are held simultaneously. 3. In the evont tho Kidsoum or Bower's Musoum South Lot parking f3cilities are removod, repl3comont parking f3cilitios must bo locatod on a sito \Nithin 300 foot of tho 8t. Josoph Ballot parcol. 4. Any changes to the building elevations, including materials and colors, must be submitted to staff for review. 5. The crushing of any demolition materials will not be permitted on the site. All construction debris must be removed from the premises within five working days. B. Police Department 1 . The alcove created by the patio on the north perimeter of the project needs to be fenced off with materials acceptable to the Planning Division and Police Department. 2. The existing parking lot immediately west of the studio, the student drop- off area, and the entrances to the facility located at each gate and on the north perimeter must be illuminated to a minimum maintained one footcandle of light. Exhibit A 80A-19 80A-20 MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: REQUEST FOR AGENCYI COUNCIL ACTION DECEMBER 19, 2005 TITLE: JOINT PUBLIC HEARING FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE SANTIAGO STREET LOFTS DEVELOPMENT APPROVED o As I~ecommended o As i~mended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For . () /l CONTINUED TO (jd,"h~2._7;:k;C~ FILE NUMBER CITY MANAGER EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Community Redevelopment Agency pursuant to the First Amendment to a Disposition and Development Agreement between the Agency and Santa Ana Transit Village, LLC for the sale of certain property in the Merged Redevelopment Project Area and approving the sale of said real property upon the terms and condi tions contained in the First Amendment to the Disposition and Development Agreement. 2. Approve transfer of property from the City of Santa Ana to the Community Redevelopment Agency for $2,050,000. REDEVELOPMENT AGENCY ACTION 1. Adopt a resolution approving a First Amendment to the Disposition and Development Agreement between the Community Redevelopment Agency and Santa Ana Transit Village, LLC. 2. Approve acceptance of property from the City of Santa Ana. DISCUSSION In April of 2004, the City and Redevelopment Agency approved a Disposition and Development Agreement (DDA) for the development of the Santiago Street Loft proj ect. The development will consist of 10 8 live/work units with sizes ranging from 1,500 to approximately 2,300 sq. ft. Each unit will also have a designated "commercial" space on the ground floor to encourage the development of small entrepreneurial businesses and provide an active pedestrian scene immediately adjacent to The Depot. 808-1 JT Public Hearing - Santiago Street Lofts Development December 19, 2005 Page 2 In order to comply with all of the terms and conditions of the DDA, the Developer has requested an amendment to the agreement. The original DDA provided for the sale of Agency-owned property for the combined fair reuse value. The First Amendment to the DDA now provides for the Developer to purchase one of the two remaining parcels from the Agency, at the current fair market value of $2,050,000. This action will allow for the assemblage of the five lots required to create a 4.38-acre development site. The project is strategically located immediately adjacent to The Depot and the 5 Freeway and will serve as a gateway into the Downtown. The DDA and the corresponding development it facilitates fulfill the City's goals for the area by improving land-use potential and implementing market rate housing along Santa Ana Boulevard. FISCAL IMPACT Funds from the sale of Agency-owned property will be deposited in the Merged Project Area Sale of Land account (account no. 570-01-5721). {j, patr{zg~~~ APPROVED AS TO FUNDS AND ACCOUNTS: Executive Director Community Development Agency ~(\~~~ \~L~__ Francisco Gutierrez Executi ve Director ~ @ Finance & Management Services Agen:~_ PCW/DM/mlr H:\ACTIONS\2005 CC\JT JT P.H. CC-CRA FirstAmendPrivateDDASantiagoStLoftsDev 12-19-05.doc 808-2 bk:12/05/05 RESOLUTION NO. 2005-123 A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO THE FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AND SANTA ANA TRANSIT VILLAGE, LLC, FOR THE SALE OF CERTAIN REAL PROPERTY IN THE CENTRAL CITY REDEVELOPMENT PROJECT AND APPROVING THE SALE OF SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THAT AGREEMENT 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 Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Project Area, in the area formerly known as the Inter City Commuter Station Redevelopment Project. B. In order to implement the Redevelopment Plan, the Agency has previously agreed, subject to the approval of this Council, to sell certain real property in the Project Area, pursuant to the terms and provisions of that certain Disposition and Development Agreement (hereinafter referred to as the "Agreement") between the Agency and Santa Ana Transit Village, LLC, which is on file in the office of the Executive Director of the Agency, in which said real property, commonly referred to as 901 & 927 East Santa Ana Boulevard, County of Orange Assessor Parcel Numbers 398-201-05 & 398-201-07 (collectively "the Site") is described. C. The sale previously agreed to, included the sale of one of the two parcels, 901 East Santa Ana Boulevard, at its fair reuse value. 808-3 D. The Developer has requested, by way of a First Amendment to the Agreement, to acquire 901 East Santa Ana Boulevard for its fair market value, rather than at a subsidized fair reuse value. E. The First Amendment to the Agreement, a true and correct copy of which is on file with the Secretary, contains all of the provisions, terms, conditions and obligations required by the state and local laws. F. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2003-182, was approved and adopted by resolution which came before the City Council on April 19, 2004. Except for financial terms, the project as described in this Mitigated Negative Declaration has not been altered in any way, and for this reason the subsequent use of this Mitigated Declaration is appropriate, and is hereby approved. This resolution incorporates by reference, as though fully set forth herein, said Council resolution and the Mitigated Negative Declaration and Mitigation Monitoring Program. G. Pursuant to the provisions of the California Redevelopment Law, the Agency and the City Council have held a duly noticed joint public hearing on the proposed sale of the Site pursuant to the Agreement. Section 2. The City Council has considered all terms and conditions of the proposed sale and hereby finds and determines that the sale and the redevelopment of the Site as provided for in the First Amendment to the Agreement is the best interests of the City of Santa Ana and the health, safety and welfare of its residents, and is in accord with the public purpose and provisions of the applicable state and local laws. Section 3. The City Council hereby finds and determines that the consideration for the revised sale price for 901 East Santa Ana Boulevard pursuant to the First Amendment to the Disposition and Development Agreement is not less than the fair market value of the Site determined in accordance with the covenants and conditions governing the sale. Section 4. The revised sales price and sale of 901 East Santa Ana Boulevard parcel by the Agency to Santa Ana Transit Village, LLC, upon the terms and conditions contained in the First Amendment to the Agreement is hereby approved. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. 808-4 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2005-123 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 808-5 808-6