The URL can be used to link to this page

Home My WebLink About FULL PACKET_2006-12-18ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW AUTOMOBILE REPAIR AND AUTOMOBILE SERVICING IN THE SOUTH MAIN STREET COMMERCIAL DISTRICT WITH A CONDITIONAL USE PERMIT (ZOA NO. 2006-04) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The South Main Street Commercial District was created in April 3, 2000. B. For the property located at 2037 and 2041 South Main Street, the City Council held a duly noticed public hearing on September 5, 2006 regarding the adoption of an ordinance approving Amendment Application No. 2006-01, to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2) to allow the expansion of the auto body shop. The City Council continued the matter to October 2, 2006. C. The public hearing was then renoticed for October 2, 2006 to consider adoption one of the following City Council actions: 1. Adopting a resolution denying Amendment Application No. 2006-01 to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2), or 2. Adopting an ordinance approving Amendment Application No. 2006-01 to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2), or 3. Adopt an ordinance approving a Zoning Ordinance Amendment No. 2006-04 to allow automotive repair and servicing uses in the South Main Commercial (C-SM) zoning district subject to a conditional use permit. D. On October 2, 2006 the City Council continued the matter to December 4, 2006. E. On December 4, 2006, the City Council held a duly noticed de novo public hearing to consider adopting one of the following actions: 1. Adopting a resolution denying Amendment Application No. 2006-01, or 11 A-1 2. Adopting an ordinance approving Amendment Application No. 2006-01, or 3. Adopt an ordinance approving a Zoning Ordinance Amendment No. 2006-04 to allow automotive repair and servicing uses in the C-SM zoning district subject o a conditional use permit. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061 (b)(3). This section exempts the project from further CEQA review as it has been determined that the proposed project will not have a significant effect on the environment. Exemption No. 2006-169 will be filed for this project. Section 2. Section 41-522 is hereby amended to read as follows: Sec. 41-522. Uses subject to a conditional use permit in the C-SM district. The following uses may be permitted in the C-SM district subject to the issuanc e of a conditional use permit: (a) Clubs, lodges and fraternal organizations. (b) Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in section 41- 521. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses. (e) Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (f) Laundromats. (g) Ancillary outdoor dining facilities located in the front yard area. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. Q) Automobile repair and automobile servicing. Ordinance No. NS-XXXX Page 2 of 5 11 A-2 Section 3. Section 41-523.5 is hereby added to the Code to read as follows: Section 41-523.5. Standards for automobile repair and automobile servicing in the C-SM district. Automobile servicing and automobile repair are subject to the following requirements: (1) No outdoor overnight vehicle storage is permitted except as permitted by section 41-1302. (2) No auto repair or auto body activity within three hundred (300) feet of property zoned or used for residential purposes shall be conducted before 7:00 a.m. or after 9:00 p.m. on any day of the week. (3) Driveway Access on through lots shall not be allowed onto streets primarily servicing property zoned or used for residential purposes. (4) Building elevations containing service or repair bays shall not face toward a public street or toward residential property if the elevations are within 300 feet of property zoned or used for residential purposes. (5) A six (6) foot high minimum masonry block wall shall be provided along side and rear property lines not abutting public streets. For properties where at least one C-SM zoned parcel is combined with at least one R2-B zoned parcel, a six (6) foot high minimum masonry block wall shall not be required along the property line between the C-SM and R2-B zoned parcels. Walls or fences excluding chain- link shall not exceed 42 inches high within 15 feet of public streets. If the site abuts a commercial development, the Planning Manager may reduce or delete the wall requirement. Flowering vines should be planted at intervals along the wall to discourage graffiti. (6) Exterior building elevations facing public streets shall be a minimum of 50 percent of the storefront in clear glass. (7) Security fencing, if provided in addition to the perimeter masonry wall, shall be of a decorative design compatible with the masonry wall. All gates and fencing shall remain free of signs or other advertisements. Gates shall remain open during business hours and shall satisfy Public Works Agency requirements for vehicular stacking. 11 A-3 (8) Auto repair buildings shall be designed in consideration of the context of the site and area. The design shall complement and be compatible with the predominant architectural theme of the area or of the integrated development site if the auto repair facility is within such a development. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. All provisions of the Santa Ana Municipal Code, which are repeated herein, are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting anew action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 6. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ay: Kylee O. Otto Assistant City Attorney Ordinance No. NS-XXXX Page 4 of 5 .2006. Miguel A. Pulido Mayor 11 A-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- 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 11 A-5 11 A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FY 2005-2006 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Community Redevelopment Agency Annual Report for FY 2005-2006 consisting of: 1. The Annual Audit Report as prepared by Moreland & Associates. 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 2005-2006 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 Moreland & Associates, 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 2005-2006 December 18, 2006 2. Annual Report of Financial Transactions of Community Redevelopment Agencies The Annual Financial Report delineates the financial activities for all funds within 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 Communit Develo ment Report of Housin Activity of Community Redevelopment A encies 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 and Safety Code mandates that the Annual Report be received by the City Council and filed with the State Controller's office prior to December 31, 2006. FISCAL IMPACT There is no fiscal impact associated with this action. /~ Stephen G. ,rding Deputy City Manager for Development Services Community Development Agency SGH/NTE/mlr H:\ACTIONS\2006 CC\CRA Annual Report 05-06 12-4-06.doc 19C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY 2006 HOMELAND SECURITY GRANT PROGRAM AND RELATED AGREEMENTS (~'~ ~~s --~_ (~ CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager and Chief of Police to enter into an agreement with the City of Anaheim for reimbursement of funds expended for the purchase of equipment, services, and training authorized under the FY 2006 Urban Areas Security Initiative in an amount not to exceed $5,990,000. 2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment, services, or training with the County of Orange or any of the cities located in the designated Anaheim/Santa Ana Urban Area in an aggregate amount not to exceed $5,990,000. 3. Approve an Appropriation Adjustment recognizing the FY 2006 Urban Areas Security Initiative in the amount of $5,990,000 in revenue account (account no. 125-01-5350-6) and appropriate same in the FY 2006 Urban Areas Security Initiative Program Grant expenditure accounts (account nos. 125-334-various, 125-016-6933). DISCUSSION The United States Department of Homeland Security Areas Security Initiative funding program (UASI). local emergency first responders to enhance preparedness to prevent, respond to, and recover The grant specifically provides funding for planning, training, exercises and technical assist has developed the Urban UASI provides funds to security and overall from acts of terrorism. anti-terror equipment, once . In FY 2006 the United States Department of Homeland Security combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area. The City of Santa Ana will continue to be designated as an Urban Area Core City and will share grant administrative responsibilities with the City of Anaheim. 20A-1 FY 2006 Homeland Security December 18, 2006 Page 2 The City of Santa Ana Police and Fire Departments have worked with the City of Anaheim, the County of Orange, and cities within the Anaheim/Santa Ana Urban Area to determine current capabilities and needs and have established goals and objectives for the Anaheim/Santa Ana Urban Area. The City of Santa Ana will work in collaboration with the City of Anaheim to implement complimentary strategies for responding to acts of terrorism. FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY 2006 UASI Grant account (account no. 125-01-5350-6) by $5,990,000 and appropriate same in the FY 2006 UASI Grant expenditure accounts (account nos. 125-334-various, 125-016-6933). APPROVED AS TO FUNDS AND ACCOUNTS: E1 ~ \;~-~ Paul M. Walters Chief of Police Police Department Francisco Gu ierrez Executive Director Finance & Mgt. Services Agency 20A-2 PJC:12/06/06 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND , THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR REIMBURSEMENT OF FUNDS AUTHORIZED UNDER THE FY 2006 URBAN AREAS SECURITY INITIATIVE 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 United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism by providing funding for equipment, planning, training, exercises and technical assistance. B. In FY 2006 the United States Department of Homeland Security combined the Anaheim UASI with the Santa Ana UASI into a single Urban Area with the City of Santa Ana as the designated Urban Area Core City and provided for shared administrative responsibilities with the City of Anaheim. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or his designee(s) to enter into an agreement with the City of Anaheim for reimbursement of funds expended for the purchase of equipment, services, and training authorized under the FY 2006 UASI in an amount not to exceed $5,990,000. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Attorney's Office to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment, services, or training with the County of Orange or any of the cities located in the designated Anaheim/Santa Ana Urban Area. Section 4. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2006 Urban Areas Security Initiative in the amount of $5,990,000 and appropriate same in the FY 2006 Urban Areas Security Initiative Program Grant expenditure accounts. 20A-3 Section 5. 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 , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula J. Coleman Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Resolution No. 2006-XXX to Council of the City of Santa Ana on Date: Council, do hereby attest to and certify the be the original resolution adopted by the City Clerk of the Council City of Santa Ana 20A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: OES-HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT 2006 l ~`~~- CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager to accept a Hazardous Materials Emergency Preparedness Grant in the amount of $22,000. 2. Approve an Appropriation Adjustment appropriating $27,500 of grant funds and transferring from various Fire Department, Fire Prevention, Salary account (011-322-6111) $5,500 in required matching funds into the OES - Hazardous Materials Emergency Preparedness Grant revenue account (account no. 146-O1-5361) and appropriating the same into the OES - Hazardous Materials Emergency Preparedness Grant expenditure account (account no. 146-331-various). DISCUSSION The State of California, Governor's Office of Emergency Services (OES) has awarded the City of Santa Ana Fire Department an additional Hazardous Materials Emergency Preparedness (HMEP) Grant, for the period of Oct. 1, 2006 though Sept. 30, 2007. The grant is for $27,500, consisting of $22,000 in grant funds and a required 20% ($5,500) in matching funds. The grant is for the development or updating of an emergency response plan to mitigate potential incidents involving the transporting of hazardous materials through the City of Santa Ana. 20B-1 OES-Hazardous Materials Emergency Preparedness Grant December 18, 2006 Page 2 FISCAL IMPACT Acceptance of the HMEP Grant and Approval of the Appropriation Adjustment of $27,500 ($22,000 in grant funds and $5,500 from the Fire Department account) will increase the anticipated revenues in the OES - Hazardous Materials Emergency Preparedness (HMEP) Grant revenue account by $22,000 (account no. 146-O1-5361), decrease the Fire Department, Fire Prevention, Salary account (011-321-6111) by $5,500 and appropriate $27,500 into the OES - Hazardous Materials Emergency Preparedness (HMEP) Grant expenditure accounts (account no. 146-331-various). APPROVED AS TO FUNDS AND ACCOUNTS: Phillip M Garcia ~ Francisco Gutierrez Fire Chi f ~xecutive Director Fire Department Finance & Management Services Agency 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: CONTRACT RENEWAL FOR PAINTING SERVICES (SPEC. NO. 04-109) L G~ --~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Solorio, Inc. for painting services for a one-year period in the annual amount not to exceed $75,000. DISCUSSION The City maintains in excess of 50 buildings including Fire stations, recreation and senior centers, park restrooms, and libraries, as well as City Hall and the Corporate Yard. Interior painting services are required at times by all City departments for the purposes of general maintenance, building modifications, and renovation. Exterior painting of buildings is necessary to improve their appearance, repair and prevent damage due to normal exposure to the elements or graffiti, and help maintain clean, attractive facilities. The contract for painting services will provide fixed pricing for painting services for all City departments. On October 4, 2004, the City Council awarded a contract to Solorio, Inc. for a two-year period with provision for two, one-year renewals. The vendor has agreed to renew the contract with no price increase. The vendor has performed satisfactorily during the past contract period and staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair of Buildings & Grounds accounts (object code 6261). Francisco Gutierrez Executive Director Finance and Management Services Agency ~~ FG/BP/04-109RF.2:uc 22A-1 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: CONTRACT AMENDMENT FOR TASER ELECTRONIC CONTROL DEVICES, ANIM[JNITION AND ACCESSORIES (SPEC. NO. 06-096) ~. CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2°d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contract with ProForce Law Enforcement for the purchase of X26 Taser electronic control devices, ammunition and accessories by $42,278 for a total amount not to exceed 5292.273_ DISCUSSION The Santa Ana Police Department utilizes electronic control devices to gain control over violently resisting subjects. Recently, the Santa Ana Police Department purchased X26 Taser electronic control devices (X26 Taser) to replace the M26 Tasers purchased in 2001 which were obsolete and due for replacement. The recommended action will supplement the department's current inventory and allow for issuance of an X26 Taser to new police recruits. Ammunition and accessories for the X26 Tasers are also required. On July 3, 2006, the City Enforcement, the sole source The amendment will allow ammunition and accessories. of the recommended action. FISCAL IMPACT Council awarded a contract to ProForce Law distributor for the X26 Taser for California. for the purchase of additional X26 Tasers, As a result, staff recommends Council approval Funds are available in the Law Enforcement Services Materials & Supplies account (acct. no. 128-349-6391) <,~ ~ Paul M. Walters Chie of Police Fund Operating APPROVED AS TO FUNDS AND ACCOUNTS: y~cFrancisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~,~ PMW/SP/06-096.7A:uc ^ ^ ~~~ 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: CONTRACT AWARD FOR WARNING SYSTEM (BID SPEC. 06-155) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended HAILING AND ^ As Amended ^ Ordinance on 15S Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For -~~ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to Advanced Marketing & Dist, Inc., for the purchase of a hailing and warning system in the amount of $42,776.75. DISCUSSION On September 19, 2005, the City Council accepted a $8.4 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to, and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The Santa Ana Police Department requires a sophisticated hailing and warning system that can be used for long-range communication. The current communication devices, both hand-held and mounted on police units are intended for short-range communication, since they are multi-directional and oftentimes, due to physical barriers or other background noise, it is difficult for the intended recipient to understand what is being said. The recommended action will allow for the purchase of a hailing and warning system that includes a Long Range Acoustic Device (LRAD), that produces a directional, high-intensity, narrow beam of sound used for long-range communications. The operator can precisely focus the LRAD at a particular location without disturbing nearby areas and communication can be clearly heard from a distance of over 100 yards. The LRAD significantly enhances first responder and citizen safety by allowing first responders to give clear and intelligible directions to large crowds during a disaster or terrorist attack. As a result, staff recommends Council approval of the recommended action. 22C-1 Contract Award for Hailing and Warning System December 18, 2006 Page 2 The notice inviting bids was advertised on November 15 and 17, 2006 and bids were solicited. A summary of the bids received is as follows: 6 Invitations For Bid mailed 2 Bids Received Bids were received and opened on November 27, 2006. The bid received from Advanced Marketing & Dist, Inc. is responsive to the specification and meets the City's requirements. Bid results are as follows: Vendor: Amount: Advanced Marketing & Dist, Inc. $42,776.75 Lorimar Group Inc. $43,108.76 FISCAL . IMPACT Funds are available in the Office of Emergency Services (OES} Urban Areas Security Initiative (UASI) Machinery & Equipment account (account no. 125- 333-6641). APPROVED AS TO FUNDS AND ACCOUNTS: t ~~~I~~ ~~~~~ ,~~~ . Paul M. Walters S~ Francisco Gutierrez Chief of Police Executive Director Finance & Mgmt. Services Agenc PMW/TO/06-155.7:uc 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: AGREEMENTS FOR CITY OF SANTA ANA REGIONAL TRANSPORTATION CENTER CITY-INITIATED TRANSIT EXTENSIONS TO METROLINK STiJD~CES PROJECT 06-2502 ~~ R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO ~ ~ -ZC~ .~ FILE NUMBER I ~ - f ~j _ U 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the Orange County Transportation Authority in an amount not to exceed $200,000 to conduct the City of Santa Ana Regional Transportation Center City-Initiated Transit Extensions to Metrolink Studies in partnership with the City of Costa Mesa. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the City of Costa Mesa to create a partnership and to designate Santa Ana as the lead agency in the City-Initiated Transit Extensions to Metrolink Studies. 3. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Parsons Brinckerhoff in an amount not to exceed $200,000 to conduct the City-Initiated Transit Extensions to Metrolink Studies. 4. Approve an appropriation adjustment recognizing $200,000 in unanticipated Measure M Transit funds in account no. 32-01-5053, and appropriate same to the City-Initiated Transit Extensions to Metrolink Studies project account no. 32-551-6631, project no. 06- 2502. DISCUSSION On October 14, 2005, the OCTA Board of Directors approved a package of projects as a substitute for the Centerline Project that would satisfy the air quality goals established for rapid transit projects. The Board 25A-1 RTC Metrolink Extension Studies October 16, 2006 Page 2 of 3 also approved a five-year program of rapid transit projects using the existing Metrolink commuter rail corridor as the backbone of the Orange County's transit system. Additionally, on February 27, 2006, the OCTA Board approved a four-step process for City-Initiated Transit Extensions to Metrolink, now known as the Go Local program as shown below: • Step one allocates up to a total of $3.4 million for cities to develop a local transit vision and conduct initial planning. All cities are eligible to receive $100,000 grants, once they execute a cooperative agreement with OCTA. • Step two is scheduled to commence in the first quarter of 2008 and makes available the remainder of $30 million on a competitive basis to further develop the most promising projects. • Step three is planned to coincide with the availability of renewed Measure M funds, projects may move into project development and implementation, and the major projects will presumably advance into a federally funded preliminary engineering effort. • Step four focuses resources on transforming the Metrolink stations into major multi-modal transportation centers. Additionally, Parsons Brinckerhoff (PB) has been working with City staff and has recently completed the Santa Ana Transit Master Plan (Exhibit 1). In Step one of the Go Local Program PB will be studying in more detail the transit feeder alignment concepts derived from the Transit Master Plan. The four transit feeder service alignments currently under consideration will connect the Santa Ana Regional Transportation Center (SARTC) with the Civic Center and Downtown area, Main Place, Bowers Museum District and the South Coast Metro Area. In addition options to extend this service to the proposed Bus Rapid Transit (BRT) service alonq~ Harbor Boulevard via the former Pacific Electric (PE) Right-of-way, 17t Street, Bristol Street and Edinger Avenue, and the John Wayne Airport via Sunflower Avenue, Bear Street and Interstate 405 will be considered. Santa Ana will function as the lead agency for the South Coast Metro Area alignment study. As the lead agency, Santa Ana will receive the $100,000 allocated to Costa Mesa by OCTA for a Metrolink extension study and will be responsible for managing the consultant contract with PB. Santa Ana will also receive an additional $100,000 to study the Civic Center and Main Street transit feeder alignment concepts described above. Staff recommends that the City execute the cooperative agreement with OCTA and the partnership agreement with Costa Mesa. Staff also recommends that the City execute an amendment to the agreement with PB to 25A-2 RTC Metrolink Extension Studies October 16, 2006 Page 3 of 3 recommends that the City execute an amendment to the agreement with PB to provide consultant support services to conduct the Metrolink extension studies that will meet the various Federal transit agencies' guidelines. This will enable Santa Ana to complete Step one of the Go Local Program and have a project(s) ready for submittal for Step two which makes available $30 million for further development of the most promising projects. As stated previously, the additional $200,000 will be used for consultant services to complete Step one of the Go Local program. The amended contract is estimated at total contract amount not-to-exceed $354,000. FsNVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon approval of the appropriation adjustment, funds available in Measure M Transit Funds (account no. 32-01-5053) will be appropriated to the City-Initiated Metrolink Extension Studies project account (account no. 32-551-6631, project no. 06-2502). APPROVED AS TO FUNDS AND ACCOUNTS: r~ James G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management 25A-3 ~r Services Agency }1 ~ -- ~ , i ._. 4 MAIN ~'~ PLACE `~ CITY .,~# PLACE ~:<, DISCCNER?~ SCIENCE '~; CENTER '; ~. BC~MERS MUSEUM `g .. ~ .. SANTA ASIA ;: COLLEGE e ~~.,~. ~ Alignment 1 Alignment 2 ~ Alignment 3 ~ Alignments4AJ6 ~ ~ Extension Options BRT Routes City Boundary ,~,. SARTC htetroirn;s Extension. Alignment Concepts -Santa ,~7a Focus Area SANTA ANA ~ City Council ^ P~ WA .~ Agenda Date v Oct. 16. 2006 Santa Ana Transit Master Plan Exhibit 1 2 5A-4 ~~~'^~+ ~~~ ,a~;°~ ~ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: AGREEMENT RENEWAL FOR POLICE DEPARTMENT JANITORIAL SERVICES ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15S Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to renew the agreement with Able Building Maintenance Company, for janitorial services at the Police Department for one additional term in an annual amount not to exceed $420,000. DISCUSSION On November 2003, City Council approved an agreement with Able Building Maintenance Company to provide janitorial services at the Police Department. The agreement includes equipment, supplies, and maintenance of the Police Department facility along with an on-site supervisor. Able Building Maintenance Company has performed in a satisfactory manner and staff recommends exercising the one-year renewal option of this agreement. FISCAL IMPACT Funds are available in the Police Department's Property & Building Other Contractual Services Account (account no. 011-350-6291). ~',, ,t ; ~`. ~. Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: ~' nC~Cn~ ~ ~C i ~ ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25B-1 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-10 FOR THE PROPERTY LOCATED AT 713 NORTH SPURGEON STREET "p ~ .r,,,~--~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Lorissa and Roger Nichols, property owners, for the structure located at 713 North Spurgeon 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 Lorissa and Roger Nichols, property owners, for the structure located at 713 North Spurgeon Street at its December 7, 2006 meeting by a vote of 8:0 (Schaeffer absent). DISCUSSION After the public hearing on December 7, 2006, 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. 2006-10 December 18, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $90.90 to $455.39 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay Trevino Executive Director Planning & Building Agency ~~~\ ~ '~ ~nS1~~~ S~3'a ~~ Francisco Gutierrez Executive Director Finance & Management Services Agency `,~ HS:rb hs\historic info\mills act agreements\713_N_Spurgeopn\hppa06-l0.cc 25C-2 REQUEST FOR Historic Resouinoes Commission Action wsroll~c~sou~scon~n~oN n~rNC oaTE: DECEMBER 7, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-10 FOR THE PROPERTY LOCATED AT 713 NORTH SPURGEON STREET Prepared by Hally Soboleske wsrowc ~sou~sc~n~uw sECx~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ~~ Executive Director Planning Man er ti 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 Lorissa and Roger Nichols, property owners, for the structure located at 713 North Spurgeon Street. DISCUSSION Request of Applicants The applicants, Lorissa and Roger Nichols, property owners, request the approval of Historic Property Preservation Agreement No. 2006-10 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a two-story residence located at 713 North Spurgeon Street. The property is within the French Park neighborhood and the surrounding land uses are residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25C-3 HPPA No. 2006-10 December 7, 2006 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 September 2002 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Colonial Revival 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. Rally boleske Associate Planner HS:jm hs\historic info\mills act agreements\713_N_Spu rgeopn\hppa06-l0.hrc 25C-4 H i/} 2 w x i P ~~~ ~~~ta 500' RADIUS ~~~ } ~~ ~~'~z ~, ~ ''~ ~4m 1 ~ I t H P PA-2006-10 Fox House 713 North Spurgeon Street PLAN N I NG AND BUILDING AGENCY EXHIBIT 1 25C-5 EXECUTIVE SUMMARY FOX HOUSE 713 North Spurgeon Street Santa Ana, CA 92701 NAME Fox House REF. NO. ADDRESS 713 North Spurgeon Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1905 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Colonial Revival 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). A "Classic Box" variant of the Colonial Revival style was popular circa 1894 to 1910 and was generally characterized by two-story box-like massing, a hipped roof (often with centered dormers), boxed eaves, a full or partial front porch with columnar roof supports, and Colonial Revival detailing. SUMMARY/CONCLUSION: The Fox House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a textbook example of the Classic Box variant of the Colonial Revival style. Additionally, the Fox House has been categorized as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of the Classic Box variant of the Colonial Revival style (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. cm\historic\templates\Spurgeon N 713 ES (Fox House) 8/20/02 EXHIBIT 2 25~~6 State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Page 1 of 3 Resource name(s) or number lassianed by recorder) Fox House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 713 North Spurgeon Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number 398-233-03 Thomas Add Lot: 2 Por of Lot and Por of Lot:3 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This fwo-story house located on the prominent northeast comer of North Spurgeon Street and Civic Center Drive is a fine example of the Classic Box Variant of the Colonial Revival Style. A steeply pitched, intersecting, hipped roof with matching hipped dormers on the west and south sides crowns the house. Boxed eaves with paired brackets and an unadorned frieze distinguish the roofline. The dormers, mimicking the main roof design, have boxed eaves and brackets in addition to sixteen vent slits bordered by square, four-light windows (currently obscured by paint). Narrow clapboard sheathes the exterior. Windows are primarily wood-framed, double-hung sash with plain surrounds. The second story walls flair out at the bottom where a belt course divides the elevations. An intersecting hipped roof projects towards the northeast comer of the house, proving shelter for a squareo; cantilevered, second- storybay on the north elevation. A full-width porch on the west fagade features a hipped roof accented by paired, carved brackets over boxed eaves. A center, front gable suggests a pediment. Four Tuscan columns, connected by railings of closely spaced (Continued on page 3). *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSa. Photo :- .~ ~. ,;~{ ~ ,~ 3 1 s . _.~ .~ ' ~+ 4~ ~~_~ . 1` , ... '- Kky ~1~ ..r _ ~ .. PSb. Photo: (view and date) West and north elevations May 2002 *P8. Date Constructed/Age and Sources: ^historic 1905/ Source: National Register Nomination *P7. Owner and Address: *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SA/C 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: June 17, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Les, Kathleen. "Historic Resources Inventory French Park District," September 1979. Marsh, Diann. "French Park Historic District. " National Register Nomination Form, February 1998. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) *Required information 2~+7 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 1D "Resource Name or #: Fox House 61. Historic Name: Fox House 62. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Multiple-family Residence *B5. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1905. September 30, 1924. Repairs. September 15, 1994. Repair porch and repair at front. March 16, 1933. Replace plaster with novely (sic) siding. April 14, 1933 Rebuilt brick flue. August 11, 1941. Reroof. May 25, 1948. Convert residence into 17 rooms. August 3, 1953. Alteration to apartment building. *B7. Moved? ^No ^Yes ^Unknown Date: Original Location: *68. Related Features: None. 69a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Fox House is architecturally significant as a characteristic example of the Classic Box variant of the Colonial Revival style. It is also important as a contributor to the French Park Historic District. According to previous research, Charles and Ella Fox were the first owners of the house. Charles died in the early 1920s, but Ella continued living in the house until the mid-1940s (Marsh, 1998). (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: (List attributes and codes) *B72. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: June 17, 2002 (This space reserved for official comments.) Sketch Map ~L.__L_~y_i___J ~~ N '. ~ Y.. `~i ~ 4 a Is 'w ~ \\.. fi i +. \'~l w lh i .af ````''~ / ~ ~V 1 Fox House 713 North Spurgeon Street DPR 5236 (1/95) *Required information 25~~8 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Fox House 'Recorded by Leslie J. Neumann, Peter C. Moruzzi, SA/C *Date June 17, 2002 ©Continuation ^ Update Pia. Description: square balusters, support broad porch beams. A narrow door with sidelights opens to a small balcony resting above the pediment. Concrete porch steps with concrete sidewalls lead to the main entrance door. The main door is paneled and flanked with sidelights. Wood replaces the north sidelight's glazing, while the south sidelight appears to have new glass. South of the door, a fixed tripartite window with transom has double-hung sidelights. The house was converted into multiple units in 1948 and, although the building permit records indicate that "novelty siding" was applied in 1933, the property appears to be substantially intact on the exterior . *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southem Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a "Who's Who" of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Fox House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a textbook example of the Classic Box variant of the Colonial Revival style. Popular circa 1894 to 1910, this style was generally characterized by two-story, box-like massing, a hipped roof (often with centered dormers), boxed eaves, a full or partial front porch with columnar roof supports, and Colonial Revival detailing. The Fox House is a textbook example of the style. Additionally, the Fox house has been categorized as "Key" for its distinctive architectural quality. Character-defining exterior features of the Fox House that should be preserved include, but may not be limited to: materials (wood) and finishes (siding); roof configuration and detailing; dormers; balcony,• pedimented porch; columns; windows (including surrounds); and architectural details such as brackets. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC.' National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. DPR 523E 25~+9 MILLS ACT AGREEMENT 713 North Spurgeon 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 §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 18, 2006 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 Lorissa and Roger Nichols, (hereinafter referred to as "Owner"), owner of real property located at 713 North Spurgeon 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 713 North Spurgeon 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- EXI'~LT~_~ 0 MILLS ACT AGREEMENT 713 North Spurgeon 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 18, 2006, 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 of nonrenewal, 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- 25C-11 MILLS ACT AGREEMENT 713 North Spurgeon 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-12 MILLS ACT AGREEMENT 713 North Spurgeon 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 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe 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 maybe 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-13 MILLS ACT AGREEMENT 713 North Spurgeon 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 713 North Spurgeon Street, Assessor Parcel Number, 398-233-03, 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: Lorissa and Roger Nichols 24662 Venablo Drive Mission Viejo, CA 92691 -5- 25C-14 MILLS ACT AGREEMENT 713 North Spurgeon 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 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- 25C-15 MILLS ACT AGREEMENT 713 North Spurgeon 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 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: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Lorissa Nichols Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney By: Roger Nichols -7- 25C-16 MILLS ACT AGREEMENT 713 North Spurgeon Street Santa Ana, CA 92701 Exhibit A Thomas Additi LOT 2 and a Portion of Lot 3 Tract 7 of Thomas Addition, in the City of Santa Ana, County of Orange, State of Calfornia, as per Map Recorded in Miscellaneous Maps in the Office of the County Recorder of said County. Assessor's Parcel Number: 398-233-03 -8- 25C-17 MILLS ACT AGREEMENT 713 North Spurgeon 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-18 MILLS ACT AGREEMENT 713 North Spurgeon 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. - io - 25C-19 MILLS ACT AGREEMENT 713 North Spurgeon Street Santa Ana, CA 92701 Exhibit C (photographs attached) -11- 25C-20 MILLS ACT AGREEMENT 713 North Spurgeon Street Santa Ana, CA 92701 -12- 25C-21 a a z O H Q V O O O W W '"' Z O w c~ o~ a 0 Z M r i o ~~.~ i ', i ~~ i '~, b '. . N ` ~ o `~ I •~ I •`~ L O ~~ o o ~ z Q ~' 25C-22 ~L C U U .~ U REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: AGREEMENT WITH TERRI OKAZAKI FOR ADMINISTRATIVE SERVICES "~~ -~~_ CITY MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to enter into an agreement with Terri Okazaki to provide administrative services in an amount not to exceed $30,000. DISCUSSION On September 19, 2005, the City Council accepted an $8 million Urban Area Security Initiative (UASI) grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency-first responders have adequate equipment, training and systems to prevent, respond to, and recover from acts of terrorism. The Santa Ana Police Department administers the UASI grant and in this capacity often assumes the lead role in acquiring equipment and services. In an effort to facilitate the purchase of UASI grant supported equipment and services, Terri Okazaki was contracted to provide administrative services in support of procurement. Staff recommends entering into a new agreement as Terri Okazaki has performed satisfactorily and the Police Department continues to be in need of her services. FISCAL IMPACT Funds are available in the FY 2005 UASI Grant Other Contractual Services account {account no. 125-333-6291-33112). `\ F I a Paul M. Walters Chief of Police APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director~~~ 25D-1 25D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 18, 2006 TITLE: AGREEMENT FOR PREVENTIVE MAINTENANCE AND REPAIR OF THE FIRE ALARM SYSTEM AT THE POLICE ADMINISTRATION AND HOLDING FACILITY ~ /. ~ ~~ CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15S Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO 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 Siemens Building Technologies for the maintenance and repair of the fire alarm system at the Police. Administration and Holding facility for one year, with provision for two, one-year renewals, in an annual amount not to exceed $32,960. DISCUSSION The Police Administration and Holding facility is equipped with a sophisticated fire monitoring and alarm system that protects the property and personnel who work and visit the facility. The agreement provides for annual maintenance and repair of the system, which includes materials, skilled labor, technical supervision, tools, supplies, and testing equipment. In addition, statutory inspections will be performed in order to maintain the fire alarm system in first class operating condition. The inspections will ensure operation of the system that meets all applicable laws and regulations. On October 31, 2006, requests for proposal were mailed to six vendors. On November 21, 2006 two proposals were received, (one vendor declined the invitation, and three did not reply to the proposal). The proposal from Siemens Building Technologies was responsive to the specifications and meets. the City requirements. The contract includes the replacement of parts up to $500; a contingency of $10,000 is included for the replacement of parts valued greater than $500. 25E-1 Agreement for Fire December 18, 2006 Page 2 FISCAL IMPACT System Maintenance Funds are available in Police Maintenance Other Contractual Services account (account no. 11-350-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Vim` r:.~L-- Paul M. Walters Chief of Police PMW/MGhizzi/Agr.Dec.18,06.7:uc ~n~rnX` ~ ~~ 1 ~ ~.~ 5~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agenc ~~ 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: AMENDMENT TO AGREEMENT WITH VIDEO ENGINEERING SERVICES FOR VIDEO PRODUCTION AND CABLE EQUIPMENT SERVICES .- -~ f,; ~~-. C TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Video Engineering Services for video production and cable equipment services, extending the term of the agreement for one year in an annual amount not to exceed $83,460. DISCUSSION Video Engineering Services provides technical expertise for the purchase, installation and maintenance of City owned audio and video equipment in the City Council Chambers. In addition, Video Engineering Services assists the City Clerk and other users of the Council Chambers with audio recordings and lighting in the Council Chambers, and provides technical assistance on other audio/visual related projects. This year, due to changes in the franchise agreement, Adelphia Cable ceased producing the televised Council meetings and Video Engineering Services began providing production staff to televise one City Council meeting each month. This amendment includes an additional $13,200 for Video Engineering Services to televise the second City Council meeting of each month starting December 18, 2006. This amendment also includes a $6,800 contingency to address any unanticipated production or programming issues. The Parks, Recreation and Community Services Agency is satisfied with the quality of service provided by Video Engineering Services, and requests to extend the term of the agreement for a one-year period. 25F-1 Amendment to Agreement with Video Engineering Services December 18, 2006 Page 2 FISCAL IMPACT Funds for the first seven months of the agreement are available in the FY 2006-07 Community Affairs and PRCSA CATV contract services accounts (account nos. 11-232-6291 and 21-231-6291). Funds for the duration of the agreement will be included in the proposed budget in subsequent fiscal years. APPROVED AS TO FUNDS AND ACCOUNTS: y~ ~ ~-- v Gerardo Mouet Executive Dir~ctor Parks, Recreation Community Services and Agency ~i~CnC~ ~ ~l i ~ ~ . ~. , Francisco Gutierrez Executive Director Finance & Management Services Agency 25F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) .` ,; CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with: ~ Jose Luis Rodriguez for the purchase of the residential property located at 309 S. Bristol in the amount of $510,000; • Bertha Soto for the purchase of the commercial property located at 701 S. Bristol in the amount of $918,940. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue and Pine Street. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. In order to accommodate the widening, the acquisition of entire properties, as listed above, are required (Exhibit 1). The purchase amounts are the appraised value prepared by an appraiser licensed in the State of California. 25G-1 Purchase Agreements December 18, 2006 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-O1 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency,/ 25G-2 MATCHLINE SEE BOTTOM RIGHT RAYMAR TOLLIVER AVENUE x---- 701 ~~ __~ MCFADDEN AVENUE LEGEND SUBJECT PROPERTIES ~~ 11~~ ACQUIRED PROPERTIES WALNUT ST. 1 T CITY COUNCIL TITLE: PURCHASE AC`.,REEMENTS FOR AGENDA DATE BRISTOL STREET CORRIDOR DECEMBER 18, 2006 _ _ ~pROJECT 06-1500) MATCHLINE SEE ABOVE LEFT EXHIBIT 1 25G-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: AGREEMENT WITB THE INTEGRATED LAW AND JUSTICE AGENCY OF ORANGE COUNTY Nl~ -C-~ CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager to execute a Service Level Agreement with the Integrated Law and Justice Agency of Orange County related to the COPLINK Information Sharing Project. DISCUSSION The Integrated Law and Justice Agency of Orange County (ILJAOC~ is a consortium of justice-related entities in Orange County that operate under a Joint Powers Authority. The ILJAOC has implemented a countywide RMS/CMS Information Sharing Project using COPLINK, a system that organizes and rapidly analyzes vast quantities of structured and seemingly unrelated data, which is traditionally housed in various incompatible databases and record management systems, over a highly secure Intranet-based platform. The City of Santa Ana has the role of hosting the COPLINK infrastructure and acts as the Network Administrator. The Service Level Agreement between ILJAOC on behalf of its members and the City, delineates the responsibilities in hosting the COPLINK infrastructure. The City of Santa Ana will identify costs for hosting the COPLINK system between the time the proposed agreement is executed and fiscal year 2007. Based upon experience, costs will be determined on a percentage basis, which ILJAOC will incorporate into their July 2007 budget. There will be a one-time reimbursement for work completed during this interim period. FISCAL IMPACT There is no fiscal impact associated with this action. ^~ /i, C.LL\ I1.. ~~ PAUL M. WALTERS Chief of Police 25H-1 25H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: ACCEPT DONATION OF CAMERA, PRINTER AND SCANNER ~~ ~~~~ CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1u Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing Far CONTINUED TO FILE NUMBER Authorize the acceptance of a digital camera, a printer and a scanner from the National Center for Missing & Exploited Children. DISCUSSION Canon U.S.A., Inc. recognizes the importance of law enforcement agencies for having the necessary equipment and technology available to conduct effective investigations concerning missing and abducted children. Canon U.S.A., Inc., in partnership with NCMEC, is providing this equipment to assist in bringing missing and abducted children safely back to their parents and guardians. Items donated will enable the Department to take, print, and scan digital pictures for use in our investigations related to missing and abducted children. FISCAL IMPACT There is no fiscal impact associated with this action. Paul M. Walters Chief of Police Police Department 29A-1 29A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: SALE OF SURPLUS POLICE VEHICLES TO THE SANTA ANA UNIFIED SCHOOL DISTRICT POLICE DEPARTMENT ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15Y Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the sale of one surplus police vehicles and associated emergency equipment to the Santa Ana Unified School District Police Department. DISCUSSION The Santa Ana Unified School District (SAUSD) Police Department seeks to increase their fleet of marked police vehicles to enhance law enforcement activities. However, due to budget constraints, SAUSD is not in a position to purchase new vehicles and therefore requests the purchase of City surplus police vehicles. The Santa Ana Police Department recently replaced a police K-9 marked vehicle as part of its fleet rotation. The vehicle has been designated as surplus equipment and is available to be sold at a cost of $3,300. The vehicle is equipped with a canine conversion kit, light bar, Unitrol, center console, temperature sensor, and door pop system. Approval of the recommended action will assist the SAUSD Police Department's law enforcement efforts and benefit the City by providing additional marked units patrolling the community's schools. FISCAL IMPACT The increased revenue will be deposited into the Equipment Replacement-Sale Equipment account (account no. 076-01-5715). APPROVED AS TO FUNDS AND ACCOUNTS: - ;. ' i : _ Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 29B-1 29B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: CONDITIONAL USE PERMIT NO. 2006-21 TO CONSTRUCT A 60-FOOT HIGH CELLULAR ANTENNA FOR T-MOBILE AT 2649% WEST FIRST STREET - SEQUOIA DEPLOYME SERVIC S, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2006-21 as conditioned. PLANNING COMMISSION ACTION On November 27, 2006, the Planning Commission approved Conditional Use Permit No. 2006-21 as conditioned by a vote of 5:0 (Benavides and Betancourt absent) to construct a 60-foot high cellular antenna camouflaged as a monopine for T-Mobile in the Light Industrial (M-1) zoning district at 2649% West First Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. a M. Trevino Executive Director Planning & Building Agency ME:rb me\reports\cup06-21.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 27, 2006 TITLE: PUBLIC HEARING - FILED BY SEQUOIA DEPLOYMENT SERVICES FOR CONDITIONAL USE PERMIT NO. 2006-21 TO CONSTRUCT A 60-FOOT HIGH CELLULAR ANTENNA FOR T-MOBILE AT 2649% WEST FIRST STREET Prepared by Marvin Ellenbecker PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO _ --Il2.ti-~(.t Executive Director Planning Mana r RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2006-21 as conditioned. DISCUSSION Request of Applicant Sequoia Deployment Services, representing T-Mobile, is requesting approval of a conditional us e permit to construct a 60-foot high cellular antenna camouflaged as a monopine at 2649% West First Street. Property Description The property is located within the Light Industrial (M-1) zoning district and has a General Plan land use designation of Industrial (IND) (Exhibit 1) The property is bounded by commercial and industrial uses to the north, commercial uses to the west, and commercial and industrial uses to the east. There are duplex units in a planned residential development and a retail use to the south (Exhibit 2). The subject property is owned by Devinder Pal Sarin, doing business as Mel-o-dee Ice Cream, and is approximately 1.29 acres in size, rectangular in shape and improved with various industrial buildings. Project Description T-Mobile is proposing to lease 300 square feet of space in the southeast portion of the parking area at an industrial site to install a 60-foot wireless facility camouflaged as a monopine along with equipment cabinets (Exhibits 3 and 4). EXHIBIT A 31 A-2 Conditional Use Permit No. 2006-21 November 27, 2006 Page 2 The proposed wireless facility will include six panel antennas, six mounted tower amplifiers and coaxial cable mounting in a radome, all of which will be camouflaged as a Canary Island Pine Tree. The monopine and equipment cabinets will be enclosed by a six-foot high wrought iron fence and will be screened with shrubs and vines. Two 48-inch box size Canary Island Pines (Pinus canariensis) will be planted on either side of the monopine (Exhibits 5 and 6). The leased site is behind an auto repair business and located approximately 120 feet north of First Street. Analysis of the Issues In July 1998, the Planning Commission and City Council adopted an ordinance that regulates Wireless Communication Facilities throughout the City. Major wireless facilities are required to have a stealth design and be located on a building or in an area that provides the greatest amount of visual screening and requires the approval of a conditional use permit. The proposed wireless facility is located within an enclosed leased area and the equipment cabinets are screened by new landscaping. Adequate screening is provided for the wireless facility and it is buffered by industrial buildings along First Street. Additionally, the proposed monopine is designed to allow for future co-location by another provider. The applicant has explored alternatives to the monopine structure, such as locating the cellular antenna on the roof of an existing building in the area. Structures in the area, however, are not tall enough to meet the coverage needs of T-Mobile. A 60-foot tall facility is needed in order to improve cellular coverage and increase call capacity and quality. The proposed cellular antenna will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to T-Mobile by closing service gaps in the area and providing additional calling capacity. Equipment for the monopine will be located in metal cabinets within the leased area. All wiring and conduit will be underground or hidden in the interior of the monopole. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to the central section of the City. Based upon the above analysis and findings, staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-21 as conditioned. 31 A-3 Conditional Use Permit No. 2006-21 November 27, 2006 Page 3 CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2006-23 will be filed for this project. \~Q1~~.. Marvin Ellenbecker Landscape Development Associate J~~~ 'V Vince Freg o, CP Senior Pla e ME:jm me\reports\cup06-21.pc 31 A-4 crrr or R1 / R2 Rl rL 12 R ST 1 Garden cove `~ ~ Ri R1 R1 R1 R1 L y P R2 "' Ri ~1 ,o n R2 r ~ R2 az ~ R1 L i Q~ P R1 R2 _---sRi I R1 at L // BTM ST. 0 R2 R2 ~s "'2 ~ ca R1 Rt / a R1 at - - -- - R1 R1 I Ri Rt ~. r,o, C / 0 r P R2 - a~ I L 7tH ST / ? ~ F ~ 0 q,w R1 ]IH sT ~ R1 R2 R2 p WILLOWICK DR. // P ~`P n-E TZ3. ~-~ RZ RZ w RZ _ ~ Mi q q ~.~ ~,,~, f r / _ _ P= 6P Mi ~ Ri ~ I R1~, at a Rt at L 1 -- `' - 5TH __ _- _. _- - - yl 5 2 1 __I "` C2 R2 ~^---,, I , i i~ 0 Mi ~ SD-70 Mi ~ M1 M1 k I 33~ II // '~ Mi ~ I I l ~ r~ 830~+r32~s-.I-- ° cArecoD wv Rl Rl L =-_ ~ ~I ~I II-l~ ~ \ e M1 L R2 R2 R2 ~ R2 I jl II !}~ i ~ R2 R2 _ - R1-PRD / ~~ i~ li M1 i i / IYi WI o m M1 3 M1 150 R1 Rt (~ // it li ii1 ii°tii "-' M1 F~ R2 R2 L // ~ ~ -~ ~_~ ;~ ;'1_ ' AEI ~ Q PROJECT SITE M' C2 C2 ~z E P- - - - - -- 1ST ST. X230 ~., ~ C2 C2 L `fir-~+ti Sr-2 iR2~ `~/ r'7i ~ C2~ R Cp i C2 % R2-PRD ~ I C2 i I=~1\Mi' i ~ ~ C2 Mt ~ R2 a2_ C -'-:4= ~ Ir //// _'/^,j ,eT «is'~ 36 '. II Ij II C2 wALNUr sT-- ~SD-49 1I I1 / /!~/ f ~---_,-~ b II I i - I I - I` C _$--TI- /:. / /'- ` I I I I }I I I I C --- Ri ~ j l I I 11. Mi 0 ~r-_ II / // ~'I~----~I rl II„I //~ --I~ -I I^ s I =1 I S R4-B Ri R1 _______~ ~ // rr I,__ _, II IIRI rL______I I $ N L_ ~ .• .1 / // R2r1 II y I=IlRtll I //------II ~I I~ -~ C / i 1 IL-- * II II I //-------I F ~-___, ~`. /. ~~I 1~ If--~" I_,c_I~ /~ ------II II ~ R4 ;: ~7/ [ I R2 // ' r/ r r ~~ ~ - --~ / Ri II II " --------' =~ cHesTNUT AV J R2 w //~ / r /r r r y II ,I II ~ --------_~ I----- ~T-'ter-~ Ri ~ Rl - --( `~ 1 0 r/ rl 1 r I I o II II I I -- ~~ -----_ > I I ~ I_ ---_7~~-^,1 ~ Mi F Ih~~~. ri it r~ II ° II ii II II .=.;.-. :=:y;-: ~ --1i---===t`~t:! L II t, / -II-- I rr I tr t5 tr t ~, y I tlL/ // r! Ir II II II jl~~ II II II II I _ II~_===-'c__~/ R3 R3 R2 ; atCAMI ST y T at R2 Q R1 at R2 = R2 R2 °s R2 ¢ R2~ ~ 0 s R1 N R1 ~ at R1 R1 Ri R1 R2 2 g I DS T ~ > R1 o wILLIT3 s, at ES at R1 Al ~~ _____ -- _ i ¢ Z ~ I~---IL_-_-_----~ FA1 /a sT R1 ~ R1 I `--- 1t` R3 --.\~``e ;< W R1 y I ~ - t ~ t I ~ w at ~ at R1 ~ R1 o R1 ~ ' I' I at ~ 3 o R1 _ Ri k Ri 'S At D n, Ri R1 ~ I- _ t J LMRK ST w at I------t,R1-- /.--~ CIR. l___-~ R1 at ST. D 0 MONTAVISTAAV Ri Ric ~ R1 ~P. R1 `I PRD E SP-2 Ri at PL R1 R3 ~ ~ r HIGH N ST at 0 0 R3 R3 R1 SASS N ~ Ri R; R1 at I R1 R1 i ~ ~ Ri Al GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE -8 PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN Mt LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS C1-MD COMM. COMMERCIAL-MUSEUM DISTRICT MO MILffARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL O OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST' VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL ~. CUP 06-21 ~ T-MOBILE MONOPINE ~, '~~~"~~~ 2649 3/4 WEST FIRST STREET - - = 500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3~`~B~ 1 0 w 2 R V S T O R A G E ~' W w W m ~ ~ F ¢ a ~ OFFICE '/~ N w E - BUILDING J ~ ~ I ~ N j •j O ¢ OFFICE C7 OFFICE MEAT COMPANY LIGHT INDUSTRIAL Z ~ ~ ~ LIGHT SALVATION 9 APARTMENT ? INDUSTRIAL ~ a OFFICE ~ ARMY UNITS & OFFICES J ~ BUILDING W J PRINTING ~ ~ PROJECTSITE N COMPANY . CLINIC FIRST STREET GAS GAS AUTO A P A R T M E N T S STATION STATION REPAIR CUP 06-21 - ~~``~ T-MOBILE MONOPINE 4.+ ,..~..... 2649 3/a WEST FIRST STREET ~ P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A-6 ul 6 ~ ~ ~ ~ ~~ ~~~ ~~~~~ ~~~ ~~ E _ ~ ~~~~~ _~ rnm s~ d ~ ~~~ m ~ m '~ a ~ °~ s w w O a us ~; ~~~ - ~ ~ ; s m~W~Q ~^~ ~u ~ ~~ ~ ~ N ~u N I I I j Q + aae r I I Zw 5 ; W U ~ ~ ~ ~~ !7 ~ ~ "~ I W Q ~ ~i~ ~ u ~ ~ ~~ ~~ u ~ ~ ~ ~ ~ , F y , l d~ ~ 75 ~ I w I + - - - - ^ ^ 3dll ~ ~ - JN(~ k _ _ _ _ yj _ ~ I ~ zg I m I ~ I 1 i ~ I I I I I IIII 1 I I o I l7 l7 zzF ® l ~ O ~ ~- I / - I I ~ X w d r _ ~nui ~_ __ I I I Zz ~ I ~ _~ X ~ W ~~ N 3 n~'. 22 ~~ N ? IQ ! .. l WV~ WO I I I I ~ I I ~ W I ~ zz~ ~o z ~~ ~~ NO I ~ ~ z SSrr,, ND 4 F, Y33 N~ zz ~ X ~ \ ~. I I NJ Wm ~ ~ ~I zz - - - - - N Q _ _ _ _ _ ~lll A1.1i3dUa{d _ wm I I I z _z F- I \IN~~ I I V ~ '-',lb'fll 0(111 I 133Zl1S f1131~z11V~ "N - 0 J IL _° ~~ ~ ~ 3~ Q4V ~~~Y~~~~WWW~WW~~L~~L~L~~0¢~~~~~ ~~~ ~~ ~ o I I I I I ~ x a a4~~ y N~°® ~ i ~ I 9 s cuP -7 EXH I ~ ~ '~~~ ~~ ~~~~ a~~a ~ w a ~ ~~ ~ ~ o~~ 3 .~ 5 -Q V ^ ~~~ ~ ° ° E ~ ~ ~ ~~~ Boa ~°~ ~~~~~d ®~ ~ ~ ~ 3 Q s 0 io a w w ~~ Q ~ 0' Q7 wa ~ ~~ ~Q w WWry ~~u ~~ o~~ ~~ Q m ~N ~W U ~Q ~m~ ~~ w~ wU v ~ M1m U N .,_.~ - - - ~,.. z N x w w ?WZ ~ m U ~ 0 wO~J U ~ 113 ~ _ I r- - - i I ~ ~ p ~ ww I ~ J m 0 n~ ~ o ~ I 0 I~ °" ~ nl ~~ ~~~~ ~~~~~~~ ~ o I~ J U~ mn ~ `~` r n JF a`~ I m I ~on ~~ u li - ~'~ ~ ~~w ~~ it \>~'~ ~ ~~~ ~Wg m I~ ~ I m r ~ ~~~ Q0 ~K11 ~~ ~" I " ~ I ~i ` o ~-. I~ ~ ~w~ o~oy a it ~ ~~~ ~,? I li ~ r : - il ~ ~ ~. I ~~ / ~; J . ~ J . I ~- I r ° m `m I 1~ I ~ I I u I ff ~m m Q ~- - - 00 I~ ~ ~ W ° w ¢ w I I V N I ~~~ ~~ ~_~~ ~~~m ~m~o ~ ~ i I ~ I~ 1 .~,. ~ev3~ Meow-i m~ a-.a CUP 06-21 EXHIBIT 4 Z -~Z ~ u m=~0 I~ ~ J `wQ~ Iw V I I Iz I~ I? Q W H N Q wa Q? w~ ~ o e e ~ w ^~ ~ ~~ ~ Q ^ ~ ~ ~ a ~ti~ ~ • ~~~ ~ E L ~ m tl ~~~~~~ ~~ ~~ u3~~~ ~ ~' ~a~~ ~ ~~ ~gaa ~~LL m~m m 0 `a '~ ~ u a 9~5 ~~~~~~ S S S S S ~ ~ ~ ~ o~~~ W W n w0 OQrc~ ,~~~ 5~~~0 om8 ~~u~~ '~~ ~UNa m~~ n 2 N ~ z~ J W O ~>~ W~ W 0 C ~~ ~~ ~~ ~ ~ qqq 8 ' ~~ D w Q~~ U ZZ Q• ~Wf N W~ O JW~ ^ J~ ~p pp q WLL Z ~ OW g ~ a0 ~ a ~Sb Z O ~~ OJ Of 3~ m~ ~ W : y gy ~Yd ~~ W a ~ w ? ~ N ~ ~ ~' n g 3 ` ' . ~~ ~,"', o m~ 8~~~~ ~~ ~ ~ ~- ~ n~ .._„~o p. k ~d 4a F Q "s !:~ W W e ~ ~ W 3= y~ ~~d ~ ~ ~ ~ III J u g '~ ~ ~~ ~ W JJO ~ma f ~ w ~ '~~ CUP 06-21 ~ ~~~~0 33WYY Zab EXHIB T ~ a a ~ ee ¢ ~~ wg ° 0 d @ ~~~~~ w ~ ieQ~~ ~~ ~ ~ ~~~~ ~~~ ~ ~~ =ALL ~~~ mra ~ ~' ~~~ ~ ~ ~ g ~~~~~~ ~~~@~~ o~s~ 5Qs W W wOQrc~ ~~~ ~~~~~ om~ NW'"Q mm~ ~~ ~ ~~ Z~ J WQ~ ~ > E- WW z m~ ~~ ~ ~~ ~w ~ ~ g~~~ff ~ ~ ~ ~ s ~ ' 3 g~o~n ~ k~'~ g g ~~Eb~b~ a o ~~~c~n ~ ~ ~~ ~~~ i ~~ ~ " I~ S', z O ~ t~: w o ~ ~ N i~ ~~ 3 i Q W LY y@ Wt- y ~~m 9 OD ~U ~w vv wJ g > ~i '~~~ ~a=- ~~ =s N_J W~ Z~ N ~ ~Y N ~ _ W~ _ W~ ~ 3]o e W W ' ~" J ~ ~ .~jyfy y3~ Q Z ~mW 3W3a Z ~ ~~~ LL V ~~ F Z O 3W3 44mm Z~V ~~ W J . A i x%' W { : ~ . },'~. t W F ~4 h ' ~ : y e } W q p ~ LC y ayg V JJ ~Q goo ~ d °k ,~ BI 2 ~- W `~~~ ~ ~ ~ k~ ~ ~s EXHI T 6 KO- 11 /14/06 RESOLUTION NO. 2006-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2006-21 TO ALLOW A 60-FOOT WIRELESS TELECOMMUNICATIONS FACILITY FOR THE PROPERTY AT 26493/< WEST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2006-21 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 27, 2006. B. Conditional Use Permit No. 2006-21 has been filed with the City of Santa Ana seeking to allow a 60-foot high cellular antenna camouflaged as a monopine for the property located at 26493/ West First Street. C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed 60-foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to T-Mobile services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the central sector of Santa Ana. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Resolution No. 2006-031 31 A-11 Page 1 of 8 Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopine, in conjunction with the existing landscaping, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this industrial area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopine facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Industrial (IND) General Plan designation. 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 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2006-23 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2006-21 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated November 27, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2006-031 31 A-12 Page 2 of 8 ADOPTED this 27th day of November, 2006 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Leo, Lutz (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Benavides, Betancourt (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Rosa Barela, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2006-031 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 27, 2006. Date: Recording Secretary City of Santa Ana 31 A-13 Resolution No. 2006-031 Page 3 of 8 Conditions for Aaaroval for Conditional Use Permit No. 2006-21 Conditional Use Permit No. 2006-21 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No.2006- 3). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed monopine shall be constructed as per approved plans and the existing landscaping shall be protected in place during the construction period for the 60-foot monopine facility. 4. Two 48-inch box Canary Island Pine trees (Pinus canariensis) shall be planted in the leased area along with shrubs and vines per the attached landscape plan (Exhibit 4). 5. The proposed monopine shall be constructed per the following specifications: a. The monopine should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight feet or longer. b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. c. Branches should exceed all antennas by a minimum of 12 inches. Resolution No. 2006-031 31 A-14 Page 4 of 8 d. Branches should start at 15 feet above the ground. e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. Branches should have an upward sweep similar to that of actual Canary Island Pines. g. Branch foliage color should be an olive green with some brown "needles" to match an actual Canary Island Pine. A sample should be submitted for approval prior to fabrication. h. Full bark cladding with a custom color should be submitted for approval prior to fabrication. i. All antennas shall be covered with "pine antenna socks" that match the approved foliage color. j. All "stand-off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). Show the location of the GPS antenna on all elevations. m. Provide a "unistrut" detail for the utility cabinet; an "H-frame" is not acceptable. n. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure". Shrouds on the outside of the pole are not acceptable. o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 6. The permit applicant recognizes that the frequencies used by the cellular facility located at 26493/. West First Street are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Resolution No. 2006-031 Page 5 of 8 31 A-15 Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (permit applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 7. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 8. Before activating its facility, the permit applicant will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or aDivision-approved contractor at the expense of the applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 9. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 10. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and a-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 11. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 12. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 13. The proposed wireless communication structure must be engineered to allow the co-location of other service providers. Resolution No. 2006-031 Page 6 of 8 31 A-16 14. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 15. Conditional Use Permit No. 2006-21 expires five years from the date of City Council approval. Resolution No. 2006-031 Page 7 of 8 31 A-17 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2"d Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2006-031 Conditional Use Permit No. 2006-21) in this action by p acing a rue copy ereof enc-loin sea a enve opes a ressed as follows: [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2006-031 Page 8 of 8 31 A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: RESOLUTION TO PROVIDE TWO YEARS ADDITIONAL SERVICE CREDIT TO ELIGIBLE MEMBERS '1 ~ ~~ ~ ~~- v CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution to provide a designated time period for granting Two-Years Additional Service Credit pursuant to Government Code Section 20903 to eligible members retiring in the Public Employees Retirement System. DISCUSSION On October 7, 1991, the City Council adopted a resolution that amended the City's contract with the California Public Employees Retirement System (CalPERS) to provide Two Years Additional Service Credit to eligible members under Section 20903 of the California Government Code. The criteria required for offering this benefit to employees is that they must be eligible to retire, have at least five years of service with CalPERS and must retire within the period designated by the City Council. Additionally, the program requires the City to provide public notice of the potential cost based on CalPERS actuarial formula. Notice of the costs was made public at the City Council meeting of November 20, 2006, for employees in the following two classifications: Executive Director of Community Development Redevelopment Project Manager III. Adoption of this resolution will provide that option to eligible members retiring between the dates of December 19, 2006 through March 20, 2007. 55A-1 Resolution Authorizing Two Years Service Credit December 18, 2006 Page 2 FISCAL IMPACT The average cost as calculated by using the California Public Employees Retirement System actuarial formula is approximately $65,630 per applicant. CalPERS will amortize the cost for this retirement credit over an amortization period of thirty years. nrique A a Execut~ Di e for Personnel Se ices APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~ ~~r ~ ~ ~L~-.~J Francisco Gutierrez Executive Director Finance & Management Services 55A-2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO DESIGNATE AN ADDITIONAL WINDOW PERIOD TO GRANT TWO-YEARS ADDITIONAL SERVICE CREDIT FOR DESIGNATED CLASSES AND POSITIONS IN THE CITY COVERED BY THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. On October 7, 1991 the City Council amended the contract with the Public Employees' Retirement System (PERS) to provide Two-Years Additional Service Credit Option pursuant to Government Code Section 20903 to eligible members retiring during a designated window period. B. It is now desired to provide an additional designated window period for Two Years Additional Service Credit based on the contract amendment included in said contract for eligible members. C. That designated window period authorized by this Resolution will be from December 18, 2006 through March 20, 2007. D. That the eligible member within this designated window period is in the following classification within the identified department: Classification Executive Director Redevelopment Project Manager III Department Community Development Community Development 55A-3 Resolution No. Page 2 ADOPTED this 18th day of December , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 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 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE: RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM n~ C \~ t CITY MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1S` Reading Ordinance on 2"d Reading Implementing Resolution Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the submittal of a grant application in the amount of $1,000,000 for the California River Parkways Grant Program for the Santa Ana River Enhancement Project. 2. Receive and file Negative Declaration for Environmental Review No. 2006- 170. DISCUSSION The California River Parkways Grant Program was established under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. The program provides funds for recreational acquisition, restoration, protection and development of river parkways. Approximately $32.5 million is available to fund projects during this grant cycle. On October 2, 2006, the City Council adopted a resolution authorizing the Parks, Recreation and Community Services Agency to submit an application in the amount of $1,000,000 to the California River Parkways Grant Program for the Santa Ana River Enhancement Project. The State Resources Agency requested modifications to the resolution, including language that certifies that the Parks, Recreation and Community Services Agency will have the resources to operate and maintain the project after completion. In addition, this resolution authorizes the Executive Director of Parks, Recreation and Community Services to conduct negotiations, execute and submit documents, including all agreements and agreement amendments. The grant will fund the enhancement of five sites identified in the Santa Ana River Vision Plan. The sites to be improved as part of this project are: Edna Park, 17th Street Triangle, Fairview Triangle, McFadden Triangle, and Edinger Equestrian area. The proposed project will improve the sites by 55B-1 California River Parkways Grant December 18, 2006 Page 2 installing native landscaping, irrigation, and trail amenities such as bike racks, natural seating areas, and interpretive signage. The State Resources Agency requires that all applicants comply with the California Environmental Quality Act. The Negative Declaration and Initial Study as well as all referenced documents have been made available for public review for the 20-day review period required by law. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, Negative Declaration Environmental Review No. 2006-170 has been prepared for this project. FISCAL IMPACT There is no fiscal impact associated with this action. ~--c erardo Mou t Executive Director Parks, Recreation and Community Services Agency 55B-2 js/11/14/06 Resolution No: 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (Proposition 50) 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: 1. The Legislature and Governor of the State of California have provided Funds for the California River Parkways Program. 2. The Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures. 3. The procedures established by the State Resources Agency require a resolution certifying the approval of application(s) by the Applicant's governing board before submission of said application(s) to the State. 4. The Applicant, if selected, will enter into an agreement with the State of California to carry out the Project. Section 2. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Ana: 1. Approves the filing of an application for the Santa Ana River Restoration Project. 2. Certifies that Applicant understands the assurances and certification in the application. 3. Certifies that Applicant or title holder will have sufficient funds to operate and maintain the Project(s) consistent with the land tenure requirements; or will secure the resources to do so. 4. Certifies that it will comply with the provisions of Section 1771.8 of the State Labor Code regarding payment of prevailing wages on Projects awarded Proposition 50 Funds. 5. If applicable, certifies that the Project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained. 6. Appoints the Executive Director of the Parks, Recreation and Community Services Agency, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to Resolution No. 2006-XXX Page 1 of 3 55B-3 js/77/74/06 applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned Project(s). 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 18th day of December, 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2006-XXX Page 2 of 2 55B-4 js/7 7/74/06 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2006-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006-XXX Page 3 of 3 55B-5 55B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2006 TITLE RESOLUTION FOR SAFE ROUTES TO SCHOOL GRANT APPLICATIONS ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO ER ~~ ~ducacion 1st RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED FILE NUMBER Adopt a resolution supporting State funding of eight projects in the City and authorizing the Executive Director of the Public Works Agency to submit projects for funding consideration under California's Safe Routes to School Program. DISCUSSION The State of California Department of Transportation has issued a call for projects for the Safe Routes to School Program (SR2S). This is a federally funded program, which provides construction funds for projects to improve school pedestrian safety such as traffic signals, school signage, and in-pavement lighted crosswalks. Staff is requesting authorization to submit eight projects for SR2S funding for Fiscal Year 2006/2007. Given the need for these improvements, staff recommends the City Council adopt a resolution supporting State funding of these projects and authorizing the Executive Director of the Public Works Agency to submit the designated projects for funding consideration under the Safe Routes to School Program. ENVIRONMENTAL IMPACT Environmental reviews will be conducted for those funding and will be presented to the City Council contract(s) is awarded. These types of projects Categorical Exemptions. projects that receive when the construction typically qualify for 55C-1 Pedestrian Safety Grant Applications December 18, 2006 Page 2 FISCAL IMPACT Since the Safe Routes to School Program is 100% federally funded, City no matching funds are required. APPROVED AS TO FUNDS AND ACCOUNTS: James Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance and Management Services Agency ~, 55C-2 LST 12/6/06 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING STATE FUNDING OF EIGHT PROJECTS AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO SUBMIT THE PROJECTS FOR FUNDING UNDER THE STATE'S SAFE ROUTES TO SCHOOL 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. In 1999 the State of California enacted into Law California Streets and Highways Code §2333.5, which calls for Caltrans to establish and administer a "Safe Routes to School" construction program ("Program") and to use federal transportation funds for the construction and improvement of school pedestrian safety such as traffic signals, school signage, in-pavement lighted crosswalks, and traffic calming projects. B. The Program mandates that Caltrans shall make grants available to local governmental agencies under the Program based on the results of a statewide competition. C. Projects eligible for funding include construction projects that improve the safety of pedestrian and/or bicycle routes to and from schools. 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 Program. E. The City Council of the City of Santa Ana supports efforts to improve pedestrian safety in the City of Santa Ana. Section 2. The City Council of the City of Santa Ana supports State funding of projects in the City of Santa Ana under California's Safe Routes to School Program, and authorizes the Executive Director of the Public Works Agency, or his/her designee, to execute in the name of the City of Santa Ana all necessary applications required to be submitted to Caltrans for the eight projects identified in Exhibit 1 for funding under California's Safe Routes to School Program. 55C-3 LST 12/6/06 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 , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2006- 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 55C-4 LST 12/6/06 SAFE ROUTES TO SCHOOL PROGRAM PROJECTS RECOMMENDED FOR GRANT APPLICATION FY 2006-07 Location Improvement Related School Cost Willits/Sullivan New Traffic Signal Lincoln Elementary $412,500 U rade School Si na e McFadden at Newhope Left Turn Signal (E/VV) Fitz Intermediate $231,550 Upgrade School Signage Hazard e/o Caddy Cir New Traffic Signal Rosita Elementary $412,500 Upgrade School Signage Grand at Chestnut Left Turn Signal (E/W) Villa Intermediate $231,550 Up rade School Si ns Hazard e/o Gates New Traffic Signal Hazard Elementary $412,500 Upgrade School Signage 17th / Mabury New Traffic Signal Muir Elementary $412,500 U rade School Si na e Raitt & Glenwood New Traffic Signal with Carr Intermediate $453,750 Ped Countdown Signals (E/W) SA Valley High Upgrade School Signs Widen Sidewalk Raitt / Monta Vista New Traffic Signal Monte Vista Elementary $412,500 Upgrade School Signage Total $2,979,350 EXHIBIT 1 55C-5 55C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-04 TO ALLOW A ZONE CHANGE FROM C3-A TO SPECIFIC DEVELOPMENT ZONE NO. 80 AND CONDITIONAL USE PERMIT NO. 2006-14 AND SITE PLAN REVIEW NO. 2006-07 TO ALLOW MIXED USE DEVELOPMENT WITH FIVE CONDOMINIUM UNITS AND GROUND FLOOR RETAIL LOCATED AT 320 WEST FOURTH STREET - URBAN+W +STRAT IES, APPLICANT r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER ~~ 1$ -~~ 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review No. 2006-07. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. PLANNING COMMISSION ACTION On September 25, 2006, the Planning Commission recommended that the City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-234; adopt an ordinance approving Amendment Application No. 2006-04; adopt a resolution approving Site Plan Review No. 2006-07; and adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned by a vote of 7:0 to allow a zone change from Central Business Artists Village (C3-A) to Specific Development Zone No. 80 and to allow mixed use development with five condominium units and ground floor retail at 320 West Fourth Street (Exhibit A). The Planning Commission added 4 conditions to the project which include: 1. Exterior materials shall include a real stone product on the facade of the first three floors of the building. 75A-1 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 October 16, 2006 Page 2 2. The exterior east wall shall be reviewed in detail for potential aesthetic improvements, and/or the potential for temporary signage in compliance with Article XI of Chapter 41 of the Santa Ana Municipal Code. Additionally, plant material should be included on the roof deck that may spill over the wall to soften the hard edges of the top floors of the building. 3. With regards to Covenants, Conditions and Restrictions (CC&R's), the Planning Commission added the following provisions: a. The CC&R's shall provide notice that a unique on-site parking solution (a hydraulic parking lift) has been utilized for the project, and that owners shall indemnify, defend and hold harmless, the City of Santa Ana for any claims arising from the operation of the parking lifts in a form approved by the City Attorney. b. A covenant shall be recorded for each lot that shall indemnify and hold harmless the City in a form approved by the City Attorney. 4. Site Plan Review approvals shall expire at the same time as the Conditional Use Permit which expires after a period of two (2) years from the date of final approval. If the Final Subdivision Map has been vested, then the site plan review and conditional use permit will remain valid as long as the subdivision map remains valid. Additionally, the Community Development Agency will present for future Redevelopment Agency action a related matter concerning the disposition and development agreement (DDA) for this property. FISCAL IMPACT There is no fiscal impact associated with this action. Ja M. Trevino ecutive Director Planning & Building Agency HS:rb hs\West End Lofts\AA06-04 SPR06-07 CiJP06-14.cc 75A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 25, 2006 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-04 TO ALLOW A ZONE CHANGE FROM C3-A TO SPECIFIC DEVELOPMENT ZONE NO. 80 AND CONDITIONAL USE PERMIT NO. 2006-14 AND SITE PLAN REVIEW NO. 2006-07 TO ALLOW MIXED USE DEVELOPMENT WITH FIVE CONDOMINIUM UNITS AND GROUND FLOOR RETAIL LOCATED AT 320 WEST FOURTH STREET Prepared by Hally Soboleske ~ Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Manager' 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review No. 2006-07. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. DISCUSSION Background and Project Description The subject property is located at 320 West Fourth Street (Exhibit 1) in the Central Business Artists Village (C3-A) zoning district, and has a General Plan land use designation of District Center (DC), and is located within the Downtown Historic National Register District. Surrounding land uses include historic commercial buildings to the east (Semi-Tropic Hotel), west (West End Theater), and south (American Legion Hall) (Exhibits 2 and 3), as well as the Ronald Reagan Federal Building to the north. An alley runs directly behind the property in an east/west configuration. The proposed project consists of the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five residential units occupying the remaining upper floors, EXHIBIT B 75A-3 AA No. 06-04, SPR No September 25, 2006 Page 2 06-07 and CUP No. 06-14 on a 4,000 square foot lot. Parking will be provided in a garage using a mechanical parking lift. The application includes a request for a zone change to create a Specific Development zone with development standards for the proposed project. Analysis of the Issues This project, though small in size, presents a number of complex issues due to its location on a small infill lot within a National Register Historic District with limited site access in an area that is completely built out. The following analysis highlights the policy issues that were considered during the review of this project. The project was also the subject of several study sessions, most recently with the Historic Resources Commission on September 7, 2006 and subsequently with the Planning Commission on September 11, 2006. The questions raised at these meetings have been addressed through the final design and recommendation of approval for the project. T,anr~ TTcc The property is currently zoned C3-A. This zoning designation allows commercial uses by right and live/work communities subject to the approval of a conditional use permit. The proposed mixed-use project includes a commercial component on the ground floor and residential units above (Exhibit 4) The residential units, while they may be used in a live/work manner, are not designed to the standards for live/work communities contained within the C3-A zone. In addition, the property is within the boundaries of the Santa Ana Renaissance Specific Plan study area and, as such, it is anticipated that its zoning will change with the ultimate adoption of the Specific Plan. That being the case, staff believes that the best way to provide a regulatory framework for this project in the interim is to create a Specific Development zone that would address the unique circumstances of the proposed project rather than amending the larger C3-A zone (Exhibit 5). Parking and Site Access Parking will be provided at a comparable amount to that of existing multi-family residential code requirements of one space per bedroom. Since the proposed units have open floor plans, it is proposed to impose the following parking requirements: 7 5A-4 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 September 25, 2006 Page 3 • One parking space for each unit with a size of 1,600 gross square feet or less of residential area per unit. • Two parking spaces for each unit with a size of 1,601 gross square feet up to 3,200 gross square feet of residential area per unit. • Three parking spaces for each unit with a size of 3,201 and larger gross square feet of residential area per unit. This creates a total requirement of eight parking spaces for the project. The parking for the commercial (ground floor) component of the building, as well as any guest parking, would be served by existing street parking and public parking structures. The applicant proposes to supply these eight parking spaces via a stacking parking lift accessed from the rear alley. It has been determined through a study by Kaku and Associates that alley access is a viable solution for this infill project. The parking lift will have assigned spaces per residential unit, and Covenants, Conditions, and Restrictions (CC&Rs) will be in place to educate prospective owners as to any property constraints. Architecture and Historic Compatibility The proposed building will be designed in a modern architectural style with design details and use of building materials to tie it into the existing fabric of the Historic District, while at the same time providing a strong counterpoint to the historic architecture surrounding it (Exhibit 6) . The building will feature a shopfront glass facade at the ground level accented with metal canopies over the retail/gallery entry doors. The front facade of the building for the upper residential floors include large roll-up windows clear non-reflective glass. Stone veneer will clad the facade on the bottom three floors in order to tie in to create a feel of permanence and natural materials found in the historic fabric of the block. Through a study performed by an architectural historian, Kaplan Chen Kaplan, and review by the Historic Resources Commission, it has been determined that the juxtaposition of contemporary style architecture and eclectic historic commercial architecture meets the Secretary of the 75A-5 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 September 25, 2006 Page 4 Interior's Standards as it relates to infill development. Additionally, the Downtown National Register District includes buildings in a variety of heights ranging from single story to six stories. Based on this information and analysis, staff believes that the proposed structure is compatible with the massing and scale of other buildings in the district. Historic Ghost Billboard The project site is located on a lot that has been vacant since 1978. The site has been occupied by a variety of one and two-story buildings over time, with a fire and subsequent demolition, of a commercial building in 1978. The site was cleared and the existing basement was excavated. During the demolition, a "ghost billboard" was uncovered on the adjacent Semi Tropic Hotel building directly to the east (Exhibit 7). This sign is a remnant of billboard advertising painted directly on the building's party wall. While not individually listed on the Santa Ana Register of Historical Properties, it has been determined through a study by a qualified architectural historian that the ghost sign is eligible for listing in the California State Historical Register, thereby rendering it worthy of preservation. Additionally, the Historic Resources Commission had the opportunity to review and comment regarding this project at its September 7, 2006 meeting. The applicant proposes to highlight this ghost sign by creating a courtyard next to the adjacent Semi-Tropic Hotel building. This will be accomplished through a 30-foot setback of the proposed building for a width of approximately 15 feet. This courtyard will be gated, and will highlight the public view of the historic ghost sign through landscaping, a water feature, and an interpretive sign with photos of the sign in its entirety. Additionally, the sign will be fully documented through the completion of a Historic American Building Survey (NABS). This survey includes large format pictorial documentation, as well as historical documentation and drawings. Summary and Conclusion Based upon the analysis detailed above, it is recommended that the Planning Commission recommend that City Council approve Amendment Application No. 2006-04, approve and adopt the Mitigated Negative Declaration for Environmental Review No. 2006-234, Site Plan Review No. 2006-07 and Conditional Use Permit No. 2006-14 (Exhibits 8 and 9). 75A-6 AA No. 06-04, SPR No September 25, 2006 Page 5 CEQA Compliance 06-07 and CUP No. 06-14 In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration Environmental Review No. 2006-234 has been prepared for this project (Exhibit 10). Rally S oleske Sergi 1 Associate Planner Senio 1 HS j m hs\West_End_Lofts\AA06-04 SPR06-07 CI7P06-14.pc A~CP er 75A-7 R1 R7 R R3- R3- 0 Noe Ro u ~~ R2 R2 R2 r R1 R1 az R2 P P P 0000 0 sM 00000 MI CHESTNUT AV I 00 0 sM nnnr~; C2- Cz- ` C2-Hmi C2-eou C2-eon MDiI Hou o~ O R2 O C2 C2 i RS R3 R3 R3 R3 R3 R3 s R3 R3 R3 R3 f R3 R3 R3 R3 R3 R3 ~ R3 R3 R3 m - R3 o R3 R3 R3 R2 R1~ R1 R1 R1 R1 R2 R2 M 00 R1 R1 R1 R2 R1 R1 R1 R1 l At GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL Rt SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS C1-MD COMM. COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL O OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL AA-2006-4-S D/C U P-2006-14/ S P R-2006-07/E R-2004-234 ~ -~~~ ~ WEST END LOFTS ~ - - = 500 FEET 1"= 1000 FEET 320 WEST FOURTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 75A-8 G O V M E N 7 COMMERCIAL C O M E C I A L G O V R M E N 7 FOURTH STREET Q U Q W C O M 1 E C I A L W ~ ~ Q C ` 5 U ;'A^/ Q V C O M M E R C I A L O Q M ~ 2 W ~ C O M M E R C I A L C O M M E R I A L ~ U THIRD SREET OPEN SPACE C O M M E R C I A L MULTI-FAMILY AA-2006-4-SD/CUP-2006-14/ ~- SPR-2006-07/ER-2004-234 /~~ -- WEST END LOFTS ~ 320 WEST FOURTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y Q ~ UW ~ ~ ~. C O M M E R C I A L O Q :J LAND USE MAP EXHIBIT 2 75A-9 AA 06-4-SD/CUP 06-14! SPR_06-7/ ER 04-234 ~~~T ~ 0 ~ ~ W ~ J.bM~/0218 c 3 ~ _ ~ ~ ~ / ~ ___.. _._._ M ~' p M ~,~ ~ ...__- ~, _ _.____. _.._-__ __-_- O N ~ O ~ O n 8 ~ ~F ~ ~~ ~~ ~~ N N ZZ ~ W ~ S ~., o~o Z~ V G ~' i &Z ~5~ ~~ ~~~ ~ ~ 6g QE~G~~~ o~'~ ^~ a ~~~~~pg~ ~~~ ~ 6 GGGG ~ a II .~. ~j ~Y~~~~ „~~ HX 8 $~~ - o ~~ LL~ N ~ ~ ~ J ~ ~„ ~~ ~ ~ ~~ ~ ~ ~ ~ i F $ A_ I 1 ~ ~ ~ ~~ a H s \ _ __. _ k ~ 3 < S U& a Fi ro ~ O U1 ~ ~~~ ..~~:~ ~ 3 ~ ~ ~ ~ w s `~ ~ `~~ ~~l~~ oe ~ u.~, a ~ ~ g Ig ~ e uS~" ~S ~~~~ 3 - ~~ ~ ~ G 2 ~~~-' ~~~ ~ ~ ~ ' , I ~~## ~~ ~ ~ ~~ ti ~ 5 ~~5~ ~~~ ~~~~~~~5~3~5~3~ ~ ~F ~ ~ + ~ "' - G 0 ~ ~ ZW .. .. '° "< m o - - ~ ~ ~~ ~ L - ~ ~ NJ + ~., ~" - ~ ~J s~ z a • ~ ~ ~ m ~ H ~ ~ ° ~~ s~ a ~ m < ~ ~ ~, ~~~~ LlJ 3 g ~ i ~ ~ _n ~ -- ~ e ~° c~. ~/ I ~ 3 __ ! 1 a _ ~ ! H O I ! ! ~ ~ .. S ~ - O Z Oz UQ J ~ ..a.. ~ I '^ V d Z W ~ ~ ~ h . (n x W AA 06-4-SD/CUP 06-14/ SPR 06-7/ ER 04Q-234 ~I~ 1 Specific Development Plan No. 80 Section 1. Applicability of Ordinance The specific development zoning district for amixed-use (commercial land use with a residential component) project as authorized by Chapter 41, Division 26, Section 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this ordinance. All terms contained herein shall be defined by the SAMC, unless specifically defined herein. Section 2. Purpose Specific Development Plan No. 80 (SD-80), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. SD-80 sets the development and design criteria fora development consisting of approximately four thousand (4,000) square feet, within the Downtown Historic National Register District. The purpose of this specific development is to allow for flexibility in site planning and design to respond to market conditions while assuring high quality development in this architecturally significant location. SD-80 specifically establishes for the property the following: • Permitted uses. • Development and operational standards, including building height limits, require setbacks, parking, landscaping provisions, and enforcement policies, as well as a provision for the protection of historic resources. • Maximum authorized intensity. • Signage provisions. • Refuse collection. • Utility requirements. Section 3. Objectives The objectives of SD-80 include provisions of the following: A long-term development that is of the highest architectural quality and design, and that architecturally complements the Downtown National Register District. A landscaping plan that is complementary to a mixed-use development and sensitive to the surrounding community. A visually harmonious development as viewed both internally and externally. EXHIBIT 5 Specific Development Plan No. 80 7 5A- ~ ~ September 2006 Page 1 of 7 • A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent of policies of the General Plan. • A circulation system that is responsive to the needs of both vehicular and pedestrian travel. • The provision of a mixture of high quality housing and ground level commercial uses along Fourth Street so as to enhance the viability and vibrancy, and pedestrian-friendly qualities of the Downtown. • A mixed-use project complementing an adjacent historic resource "ghost sign" located on the structure immediately east of this site, as well as other culturally and architecturally significant structures in the area. • A mixed-use project blending with adjacent office and retail/service land uses. Section 4. Permitted Uses The categories of land uses to be included within the project area are retail and services uses, art galleries and studios, offices and a live work community. If a use is for any reason omitted from those specified as permissible or if ambiguity arises concerning the classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Panning Commission whose decision is final. A. Permitted uses on the first floor. The following land uses are permitted on the first floor: 1. Retail and service uses 2. The following creative art uses: a. Fine art galleries which may include a studio as an ancillary use. b. Fiber art galleries which may include a studio as an ancillary use. c. Photography studios. B. Conditionally Permitted Uses on the first floor only. The following uses may be permitted in the first floor subject to the issuance of a conditional use permit: 1. Printing, lithography, and calligraphy studios. 2. Glass blowing and sculpturing studios. 3. Ceramic and pottery studios. 4. Cyber cafes and subject to compliance with the requirements of SAMC Section 41-198.200. C. Permitted Uses on floors above the first floor: 1. Professional and administrative offices, design professionals, but excluding medical, dental, and massage therapy offices. 2. Fine art studio. Specific Development Plan No. 80 7 5A-13 September 2006 Page 2 of 7 3. Fiber art studio. 4. Photography studio. D. Conditionally Permitted Uses on floors above the first floor: 1. Multiple-family dwelling. 2. Live-work community. 3. Printing, lithography, and calligraphy studios. 4. Glass blowing and sculpturing studios. 5. Ceramic and pottery studios. E. All other uses not expressly permitted or conditionally permitted in this ordinance are prohibited. Section 5. Maximum Permitted Building Density/Intensity for dwelling units Irve/work community units or commercial tenant saaces This development has specific constraints due to the limited site capacity and availability of parking, and therefore, there is a maximum of five (5) dwelling units, live/work community units or commercial tenant spaces within the floors above the first floor. Section 6. Development Standards A. Building height and basement. 1. Structures are subject to a height limitation of sixty-eight (68) feet above ground level, which is defined as the vertical distance measured from the curb level to the highest point of the roof surface. This excludes elevator override area, appurtenances, and rooftop railings. 2. The building shall incorporate a full basement, which shall be used solely for vehicular parking and storage. B. Setbacks. 1. Front setback (Fourth Street). Maximum setback is zero; however, any appurtenance such as awnings, canopy, flagpoles, signage must obtain an easement and/or encroachment permit in order to be located so as to project into or over the right-of-way. A step-back of not less than one (1) foot from the front property line shall be implemented for the floors over three (3) stories, excluding basement. 2. Side (west). Maximum setback is zero. 3. Side (east). Specific Development Plan No. 80 7 5A-14 September 2006 Page 3 of 7 The historic "ghost sign" located on the adjacent building directly to the east of the subject site must be preserved and the north end of the "ghost sign" shall not blocked from public view. Therefore, the eastern side setback shall be a minimum of fifteen (15) feet for a length of thirty-seven (37) feet from the front property line so as to leave a clear view of the resources. Once at this thirty-seven (37) feet distance, no setback is required. C D E 4 Rear (south). No setback required although, if parking is located off the alley, a minimum twenty-three feet, six inches (23'6") setback from the alley centerline shall be maintained to allow for driveway turning radius. Standards for dwelling units, live work community units, or commercial tenant spaces above first floor 1. A maximum of five (5) dwelling units, live work community units, or commercial tenant spaces for this project. 2. Each dwelling unit, live work community unit, or commercial tenant space shall be at least one-thousand (1,000) gross square feet in size. 3. Each dwelling unit, live work community unit, or commercial tenant space shall have bathroom facilities apart from other residential units, including a water closet, wash basin, and a bathtub or shower. 4. Each dwelling unit, live work community unit, or commercial tenant space shall have kitchen facilities apart from other units, including a kitchen sink, cooking appliances, and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front of and perpendicular to it. 5. Each dwelling unit, live work community unit, or commercial tenant space first floor shall have its own storage area in the in the basement of the building. Standards for commercial tenant space at first floor. 1. Each commercial tenant space shall space shall be at least one-thousand, one-hundred (1,100) gross square feet. 2. Each commercial tenant space shall be provided a minimum of seven hundred-eighty (780) square feet of storage space which shall be made available within the basement of the building. Parking. 1. Parking provided on-site shall be provided by interior garage and parking lift. 2. Units above ground/street level shall be provided at a minimum of standards defined as: a. One (1) parking space for each unit with a size of one-thousand, six- hundred (1,600) gross square feet or less. . Specific Development Plan No. 80 75A 15 September 2006 Page 4 of 7 b. Two (2) parking spaces for each unit with a size of one-thousand, six- hundred and one (1,601) gross square feet up to three-thousand, two- hundred (3,200) gross square feet. . c. Three (3) parking spaces for each unit with a size of three-thousand, two-hundred and one (3,201) and larger gross square feet. . 3. No additional parking shall be required on site. 4. No guest parking shall be permitted within the parking lifts. F. Walls and Screening. 1. Except as provided in Section 6(G)(1)(c) below, any wall or fence shall be constructed in compliance with the SAMC and is subject to approval of the Planning Division. 2. Any equipment, whether on the roof, side of the building, or in the courtyard area, or on the ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of material, color, shape, and size. G. Landscape/Hardscape Standards. The final design satisfying the following requirements shall be subject to the review and approval of the Planning Manager: A minimum of afive-hundred fifty-five (555) square foot courtyard shall be maintained at the front of the property so as not to obscure the historic "ghost sign" on the structure immediately east of the proposed building. a. This courtyard shall maintain a water feature, hardscape and landscape features to complement and highlight the historic "ghost sign". b. The courtyard area shall incorporate uplighting to highlight the historic "ghost sign" to enhance the visibility, attractiveness, and preservation of this cultural feature. This uplighting feature shall be on a timer so as to minimize the amount of exterior lighting from 10:00 p.m. to 7:00 a.m. c. The courtyard area shall incorporate seating, seat walls, water feature, lighting, artwork (such as sculpture or sculpturally designed fence and gate) and landscaping to provide visual interest and additional amenities within the area. All seating, benches, and surfaces shall be made of a durable material such as concrete, stone, or painted iron, and be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. d. Landscaped areas within the courtyard area shall be irrigated using an automatic sprinkler system. The project shall have an approved Landscape Plan prior to construction permits being issued, and shall be fully implemented prior to issuance of Certificate of Occupancy. 2. First floor pedestrian amenities shall include lighting, and planters. These amenities shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. Additional pedestrian amenities are Specific Development Plan No. 80 7 5A-16 September 2006 Page 5 of 7 encouraged for the site. 3. Roof deck amenities shall be provided for the use of each dwelling unit, live/work community unit, or commercial tenant space. These amenities shall include seating, seat walls, and landscape planters. Any permanent landscape feature must be irrigated using an automatic sprinkler system. The rooftop amenities shall be maintained and shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. H. Architectural Design Features. The final design satisfying the following requirements shall be subject to review and approval of the Planning Manager: 1. Exterior Materials: Exterior materials and finishes will comply with site plan review approvals granted through the Planning Commission or City Council. Exterior materials on the first three floors shall include real stone on the facade. Exterior enclosures and similar ancillary structures are to match the proposed structure in terms of texture, materials, and color palette. 2. Design Features: Any minor alterations and/or additions shall be in keeping with the original approved design of the structure in terms of scale, rooflines, materials, and color palette. Additionally, a written report shall be prepared by a qualified architectural historian and submitted to and approved by the Planning Manager demonstrating how the overall architectural design is compatible with the Downtown National Register District. 3. Lighting Standards/Fixtures: A minimum of one (1) foot candle of light shall be provided throughout the parking area and the parking apron. Specifications of light standards/fixtures and photometrics shall be submitted to the Planning Division and Police Department for approval prior to issuance of construction permits. 4. Except as provided in Section 4(G)(1)(b) above, there shall be no glare or spillover lighting into adjacent properties. All exterior glass materials on the exterior of the building shall be non-reflective. 5. The ceiling of the parking facilities shall be painted white, and be maintained to improve illumination and enhance safety within this area. The Planning Manager may approve minor modifications to the standards specified in this SD-80, provided that such changes are consistent with the purpose, scope, and intent of this document. The Planning Manager has the sole and absolute discretion to determine what constitutes a "minor modification". Section 7. Signage A. All signage shall comply with the Santa Ana Municipal Code. A comprehensive sign program for the entire site, including, but not limited to, freestanding, wall, directional, addressing, permanent signs and graphics, shall be submitted and approved by the Planning Manager prior the issuance of any sign permit. Specific Development Plan No. SO 7 5A- ~ ~ September 2006 Page 6 of 7 B. The elevation directly facing Fourth Street shall be considered the primary elevation for signage purposes. Section 8. Refuse Collection Area Areas to handle the refuse for the development site shall be integrated into the building. At minimum, the project shall provide two (2) refuse collection areas measuring a minimum of eleven feet by seven feet (11' x 7') each. One collection area is to be used for refuse, and the other shall be for recycle materials. Such collection areas shall be enclosed and viewable by refuse collectors, with exterior materials such as concrete block with metal doors. Additionally, each collection area shall provide "chutes" to allow refuse from upper floors to collect within these areas to the extent required by AB239 or City of Santa Ana Ordinance and that determined by the Planning Division. Section 9. Telephone, Electrical Water Gas and Cable A. All on-site utilities shall be placed underground. B. Transformers of terminal equipment shall be visually screened from view from streets, and adjacent properties. C. There shall not be exposed downspouts, scupper drains, electrical or mechanical lines on the exterior of the building. All mechanical equipment shall be screened from view in an architecturally integrated manner, and shall not be visible from a distance of three-hundred feet (300') from ground level at a pedestrian height. D. Each unit shall be provided its own gas, electric, and water meters Q Specific Development Plan No. 80 7 5A- ~ V September 2006 Page 7 of 7 J .d~ ~ ~ •~ ~ , •, i ~- AA 06-4-SD/CUP 06-14/ SPR 06-7/ ER 04-234 EXHIBIT 6 75A-19 ;.. ,f ~~ d 4 <~,.:. A~'t i~w ij9 ~-~'° ~ ~. I~ Q~ ~ F ~W ~_ Z°< Z f a a z Q N N W ~• ~ W ~. ~ O Q DC J ~ N Z `" W W ^~ Z v I Q ~ w m 3 °` AA 06-0-SD/CUP 06-14/ SPR 06-T/ ER 04-234 EXHIBIT 7 75A-20 Conditional Use Permit No. 2006-14 September 25, 2006 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed new building will contribute to the general well being of the area by providing new pedestrian friendly commercial space along the predominantly commercial Fourth Street corridor on a lot that has been vacant for a long period of time. Further, the proposed residential land use in the upper floors of the proposed building will only enhance the vibrancy of the Downtown by bringing additional consumers and entrepreneurs directly to the area. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed residential land use in the upper floors of the proposed building will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The parking garage is secured via remote control access only to allow for secure use of the parking area for residents. Additionally, the alley will be well-lit to as to offer increased safety and more visibility to drivers. The parking area will also be enhanced through a mirror to allow drivers backing into the alley to see oncoming traffic. Oncoming traffic will be notified when a vehicle is backing out of the parking area through the use of a flasher light triggered by the garage door opening. The front courtyard area of the building will be enclosed with a safety gate to prevent vandalism and graffiti. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The new building, in conjunction with high quality landscape, hardscape and architectural style and materials, will be visually pleasing and offer a highly improved appearance from the vacant lot. The overall economic stability of the area will be strengthened as a result of new commercial services being added to the area. EXHIBIT 8 75A-21 Conditional Use Permit No. 2006-14 September 25, 2006 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed building with commercial on the ground floor/street level and residential uses on the upper floors will operate in compliance with Specific Development 80 and the Santa Ana Municipal Code. The courtyard which will be visible from the public right-of-way will be landscaped and provide visual interest through the use of high quality hardscape, seating, seat walls, and water feature. The proposed project meets the intent of live/work projects that are allowed via C3- A zoning. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use is in keeping with the density and uses identified by the General Plan designation of District Center. The project supports General Plan Land Use Policy Number 1.0 which calls for the promotion of a balance of land uses to address basic Land Use Policy Number 2.0 which calls for the promotion of land uses to enhance the City's economic and fiscal viability. The mixed use project accomplishes both these goals simultaneously. 75A-22 SEPTEMBER 25, 2006 PAGE 1 OF 5 Conditions for Approval Conditional Use Permit No. 2006-14 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP2004-91) . 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The buildings shall be of wood or steel construction with a quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this project. Exterior materials shall include a real stone product on the facade of the first three floors of the building. 4. The exterior east wall shall be reviewed in detail for potential aesthetic improvements, and/or the potential for temporary signage. Additionally, plant material should be included on the roof deck that may spill over the wall to soften the hard edges of the top floors of the architecture. 5. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning EXHIBIT 9 75A-23 SEPTEMBER 25, 2006 PAGE 2 OF 5 Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, the walls, tiled showery enclosures and kitchen countertops of stone the or stone slab, or their equivalent. At minimum, the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. 6. Prior to issuance of building permits, size specifications and details regarding each unit's access to elevators, shall be provided to the Planning Division. 7. The project shall include eight parking spaces utilizing a Klaus P310 parking lift. Detailed drawings and specifications shall be provided regarding the parking lift's operation, size, and mechanics. Each residential unit shall be allotted parking per the standards stated in Specific Development 80. 8. The parking garage shall provide insulated garage door(s) with automatic opener, transmitter and remotes. 9. Prohibit all first levels from any encroachment for use as bedroom space. The first floor (street level) is to be used for retail/gallery area as defined in Specific Development 80. 10. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project and site maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls/fencing will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. h. The site restrictions regarding to number of parking spaces. i. The site restrictions regarding the turning radius into the garage area. 75A-24 SEPTEMBER 25, 2006 PAGE 3 OF 5 j. Types of commercial/businesses allowed in the residential areas. k. Number of employees to be limited to two per 1,000 square feet of gross floor area of the unit. 1. No more than one business per residential unit. m. Standards shall be established for the ongoing maintenance of the parking lift. n. The use of a unique parking facility (parking lift) shall indemnify the City of Santa Ana for any liability for any potential accidents or injuries resulting from this facility. o. A covenant establishing the City of Santa Ana's release of liability regarding the unique parking facility (parking lift) shall be recorded with the County of Orange Recorder's Office. 11. A tentative tract and final tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 12. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 13. The proposed structure shall be built to all applicable commercial codes established by the 2001 California Building Code, and shall be compliant with the Americans with Disabilities Act to allow for the commercial uses on upper floors. 14. Prior to issuance of building permits, the exterior building amenities, materials and finishes, and balcony railings shall be submitted for review and approval by the Planning Division. Exterior glass shall be Class "A" and blue or green non- reflective, safety material. 15. Prior to issuance of building permits, specifications and details of the rollup window covers shall be provided to the Planning Division for review and approval. 16. Prior to issuance of building permits, the exterior building amenities, specifically the courtyard area at street level, water feature, street furniture and seating, security fencing, as well as materials and finishes shall be submitted for review and approval by the Planning Division. 75A-25 SEPTEMBER 25, 2006 PAGE 4 OF 5 17. The applicant shall provide a plan for lighting and landscape maintenance. The lighting and landscape plan and design will be reviewed by the Planning Division during the plan check phase. 18. Prior to issuance of building permits, the exterior building amenities, specifically for the roof deck area, as well as materials and finishes, and roof deck railings, and accessibility shall be submitted for review and approval by the Planning Division. This submittal shall include landscape and hardscape details, as well as furniture, any proposed water feature, and/or any recreational amenity. 19. Prior to issuance of building permits, details regarding each unit's access to the roof deck, as well as elevator specifications, shall be submitted for review and approval by the Planning Division. 20. Prior to issuance of building permits, details of the building's security feature for visitors to contact individual units for entry shall be submitted to the Planning Division and Police Department for review and approval. 21. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location, as well as automatic fire sprinklers, fire alarms, and standpipe systems. 22. Prior to issuance of building permits, submit a plan for review indicating the location of utility vaults, transformers, check valves, air conditioning units, and gas and water meters. These appurtenances shall be screened from public view and be integrated into the building's architecture. 23. Prior to issuance of building permits, submit a plan for review indicating the location of all water heaters. These mechanical items are to be within the footprint of the building. 24. Prior to issuance of building permits, submit a Historic American Building Survey (HABS) related to the historic ghost sign on the easterly adjacent building that is completed by a qualified Architectural Historian to the Planning Division for review and archival purposes. 75A-26 SEPTEMBER 25, 2006 PAGE 5 OF 5 25. Prior to issuance of building permits, submit a proposal for an interpretative sign and display to be mounted on the Fourth Street building facade at street level related to the historic ghost billboard for review and approval by the Planning Division. This interpretative sign shall include photographs of the billboard, as well as a narrative description of the billboard's historical aspects. 26. Prior to issuance of building permits, an address directory/plan with accompanying floor plan must be submitted to the Planning Division for approval. 27. Prior to issuance of building permits, an onsite mailbox location for all units must be submitted to the Planning Division and approved by both Planning and the United States Post Office for location and method of operation. 28. Prior to issuance of Certificate of Occupancy, a mirror shall be installed in such a way to allow those backing into the alley from the project's parking garage, to see oncoming traffic from said alley. This mirror may not project into the right-of-way. Should the mirror be required to be installed on an adjacent property, an easement shall be obtained from the owner of said adjacent property. 29. Prior to issuance of Certificate of Occupancy, a flashing traffic/warning light shall be installed to alert drivers headed east in the alleyway that a vehicle is emerging from the project's parking garage. Should the flasher be required to be instal led on an adjacent property, an easement shal l be obtained from the owner of said adjacent property. 30. Prior to issuance of Certificate of Occupancy, the building address number shall be posted on the building's facade, facing Fourth Street, in a minimum of four-inch letters. 31. Prior to issuance of Certificate of Occupancy, a sign program shall be submitted to the Planning Division for review and approval which includes a building address directory. 32. Site Plan Review approvals shall expire in conjunction with the expiration of this Conditional Use Permit in a period of two (2) years from the date of final approval if the Tentative or Final Subdivision Map has not been vested. 75A-27 MAY .R Miguel A. Pulido MAYOR PRO TEM Lisa Bist COUNCIL MEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio CITY OF SANTA ANA PLANNING 8 BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. Box 1988 • Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 www.santa-ana.org CITY MANAGER David N. Ream .CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy POSTED AUG 3:1 20~ TOM DALY, Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: DP-2004-91 Applicant: Urban+West+Strategies Project Location /Address: 320 West Fourth Street, Santa Ana, CA 92701 Project Title /Description: The subject property is located in the Central Business Artists Village (C3-A) zoning district and has a General Plan use designation of District Center (DC). The proposed project consists of the construction of a new 16,000 square foot mixed-use building, with retail on the first level and five residential units on five levels above, on a 4,000 square foot lot. Parking will be provided in a garage using a lift. Project will require a zone change to create a Specific Development zone with development standards for the zone. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures placed on the project, and agreed to by the applicant, reduce each impact to below a level of significance. Signature: Date: (J(J U!O As ciate Planner This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. SPR 06-T,ER 04 2 41 EXHIBIT 10 7~~28 Environmental Checklist CEQA Compliance PLANNING DIVISION I. Project Title: SD-80 II. Project Numbers: AA-2006-4 SP and ER 2004-234 III. Lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Halle Soboleske (714) 647-5842 V. Project Location: South side of West Fourth Street. east of Birch Street west of Broadwa VI. Project Sponsor's Name and Address: David DiRienzo, Urban+West+Strategies, Inc. 421 North Main Street, Santa Ana, CA 92701 VII. General Plan Designation: District Center (DC) VIII. Zoning: C3-A Downtown Commercial -Artists Village IX. Description of Project: The project is the creation of a specific plan to facilitate the infill development of the downtown project area to improve the pedestrian streetscape, reduce blight, and encourage an urban lifestyle, thereby promoting the use of transit. The intensity of development is in keeping with that allowed per the General Plan designation of District Center that allows ninety dwelling units per acre; however, the subject site will be developed at a six-story height (with one story being below grade). The proposed project consists of the construction of a new 16,000 square foot mixed use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five residential units occupying the remaining upper floors. X. Surrounding Land Uses and Setting: The project is located in the central urban core of Santa Ana, and is comprised of a 4,000 square foot lot in the Downtown National Register District. The surrounding land uses include the Ronald Regan Federal Courthouse just north and across the street from the subject site. Additionally, there are retail and office land uses to the south, east, and west. A public alley runs perpendicular and directly behind/south of the site. XI. Other agencies whose approval is required. There are no outside agencies that require approval. LL1M:\West_End_Lofts\West_End_Checklistrlv_2.doc P2ge 1 of 2 7~~29 Environmental Checklist CEQA Compliance Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. O Aesthetics O Agricultural Resources O Air Quality 0 Biological Resources O Cultural Resources O Geology and Soils 0 Hazards and Hazardous Materials O Hydrology and Water Quality O Land Use and Planning Environmental Determination On the basis of this initial evaluation, I find that: O Mineral Resources O Noise O Population and Housing O Public Services 0 Recreation O Transportation and Traffic O Utilities and Service Systems O Mandatory Findings of Significance A. ^ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. ® Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. C. ^ The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. ^ Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -)pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. ^ Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. ^ Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. Signature Hally Soboleske. Associate Planner Printed Name August 30. 2006 Date LL\M:\West_End_Lofts\West_End_Checklistrlv_2.doc Page 2 of 2 7~~30 Environmental Checklist CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. Ilt. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Less Than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Issues & Supporting Information Sources I. Aesthetics -Would the project: Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact A. Have a substantial adverse effect on a scenic vista? ^ ^ ® ^ B. Damage scenic resources, including but not limited ^ ^ ® ^ to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? ^ ^ ® ^ D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ^ ^ ® ^ 7 531 "'~~' ' Environmental Checklist j j CEQA Compliance Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or ^ ^ ^ Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) B. Conflict with existing zoning for agricultural use or a ^ ^ ^ Williamson Contract? C. Involve other changes in the existing environment ^ ^ ^ which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? 111. Air Quality -Where available, the significant criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of ^ ^ ® ^ applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or ^ ^ ® ^ contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase ^ ^ ® ^ of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ^ ^ ® ^ concentrations? 7~~32 i 1 " `~ Environmental Checklist 1 1 CEQA Compliance Less Than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact E. Create objectionable odors affecting a substantial ^ ^ ® ^ number of people? IV. Biological Resources -Would the project: A. Have a substantial adverse impact, either directly ^ ^ ^ or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian ^ ^ ^ habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands ^ ^ ^ (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances ^ ^ ^ protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources -Would the project: A. Cause a substantial adverse change in the ^ ® ^ ^ significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the ^ ^ ^ significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique ^ ^ ^ paleontological resource or site? 7 ~~43 3 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? VI. Geology and Soils -Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? C. Would the project result in the loss of a unique geologic feature? D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ No Impact 7v~~34 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact VII. Hazardous and Hazardous Materials -Would the project: A. Create a significant hazard to the public or the ^ ^ ^ environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or ^ ^ ^ acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of ^ ^ ^ hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan ^ ^ ^ or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality -Would the project: A. Violate Regional Water Quality Control Board water ^ ^ ^ quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or ^ ^ ^ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage pattern of ^ ^ ^ the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? 7535 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources D. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? E. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? F. Place within a 100-year floodplain structures which would impede or redirect flood flows? G. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? IX. Land Use and Planning -Would the project: A. Physically divide an established community? B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation plan or natural community conservation plan? Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact ^ ^ ^ ^ ^ ^ ^ No Impact ^ ^ ^ X. Mineral Resources -Would the project: A. Result in the loss of availability of a locally- ^ important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? ^ ^ 736 Environmental Checklist CEQA Compliance Issues ~ Supporting Information Sources Less than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XI. Noise -Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ^ ^ ® ^ B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ XII. Population and Housing -Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ^ ^ ® ^ ^ ^ ^ ^ ^ ^ 7~-~~7 Environmental Checklist CEQA Compliance otentia y Significant Potentially Unless Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: 1. Fire protection? ^ ^ ® ^ 2. Police protection? ^ ^ ® ^ 3. Schools? ^ ^ ® ^ 4. Parks? ^ ^ ® ^ 5. Other public facilities? ^ ^ ® ^ XIV. Recreation A. Would the project increase the use of existing ^ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or ^ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ^ ^ XV. Transportation /Traffic A. Cause an increase in traffic which is substantial in ^ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? 7 ~,~-~~ 8 Environmental Checklist CEQA Compliance Issues & Supporting Information Sources B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ^ ^ ® ^ ^ ^ ^ ^ ® ^ ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ^ XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 739 Environmental Checklist CEQA Compliance otent~a y Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact F. Is the project served by a landfill with sufficient ^ ^ ® ^ permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and ^ ^ ^ regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the ^ ® ^ ^ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually ^ ^ ® ^ limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects.) C. Does the project have environmental effects which ^ ^ ^ will cause substantial adverse effects on human beings, either directly or indirectly? 7~-~0 Responses to Environmental Checklist For CEQA Compliance Aesthetics A. The Scenic Corridors Element of the Santa Ana General Plan identifies certain corridors that serve as major views and vantage points to the City of Santa Ana. These corridors consist of existing scenic vistas or views open to the public. The proposed project is not within a scenic corridor and will not obstruct any scenic vista in the City. Impacts would be less than significant. B. The Orange Freeway (SR-57), Newport Freeway (SR-55), and Garden Grove Freeway (SR-22) are the three state highways that can be found in the City of Santa Ana. The project area is not visible from these highways, and the proposed project will not damage or destroy any scenic resources that are located within the vicinity of these highways. Impacts would be less than significant. C. Implementation of the proposed project would alter the visual quality of the site. However, impacts are anticipated to be beneficial, not adverse. The intent of the project is to improve the aesthetics in the planning area. The architectural style will be designed to complement the Downtown National Register District. The project includes development standards. D. Major sources of light and glare in the planning area include light from street and parking lot lights, illuminated signage, headlights from vehicles, security lighting, and indoor lighting. The proposed project will not introduce substantial new lighting that will be discernable over existing conditions. Impacts would be less than significant. II. Agricultural Resources A. Section 66474.4 of the Subdivision Map Act identifies certain categories of agricultural resources that are significant and, therefore, require special consideration. According to the Santa Ana General Plan, the City of Santa Ana does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Therefore, the proposed project will not adversely affect these categories of farmland. B. The Williamson Contract applies to parcels consisting of at least 20 acres of Prime Farmland or at least 40 acres of land not designated as Prime Farmland. Santa Ana does not contain any parcels of Prime Farmland, nor does it contain any parcel consisting of more than 40 acres of farmland. Therefore, the Williamson Contract is not applicable to the City of Santa Ana. C. The proposed project will not disrupt or damage the operation and/or productivity of any farmland in the City of Santa Ana. No impacts would occur. III. Air Quality A. The project will not introduce substantial new growth in population to the downtown area. The project includes five residential units, which would generate a negligible population growth consistent with population projections used to develop the Air Quality Management Plan. Impacts are less than significant. 7~-~1 Responses to Environmental Checklist For CEQA Compliance B. During the demolition construction associated with the proposed project, short-term construction-related activities will impact air quality in the local area. Long-term, new development and vehicle trips will not result in substantial or significant emissions due to the relatively small scale of this infill development. C. The proposed project will not result in an increase of criteria pollutants in the City of Santa Ana since the thresholds of the region due to the commercial nature of the downtown commercial area account for the contribution of pollutants to the region. This relatively small infill development will not contribute significantly to the region's overall pollutant level. The impact will be less than significant. D. Sensitive receptors include land uses such as homes, schools, day care centers, and hospitals. This project will not expose sensitive receptors to pollutants. Impacts will be less than significant. E. Construction and implementation of the proposed project could ultimately involve materials/uses, such as drycleaners and salons, in the retail space on the first floor that may create objectionable odors. Impacts will be less than significant. IV. Biological Resources A. According to the Natural Diversity Database operated by the California Department of Fish and Game, sensitive species in Santa Ana are limited to a possible occurrence of the San Diego Horned Lizard. The site of the proposed project is not known to be a habitat for the species named above. No impacts would occur. B. Santa Ana is a built-up, urban community. As a result, readily apparent resources, such as natural habitat and wildlife, are limited. The proposed project does not interfere with the sustenance of any riparian habitat or natural community in the City of Santa Ana. No impacts would occur. C. The project site is located in an urbanized area. Due to the presence of this developed environment, and lack of natural water bodies in the area, no wetland habitat exists on the site. No impacts would occur. D. The official City tree is the Jacaranda. The proposed project will not damage or destroy existing Jacarandas in the area as it is developed. No impact would occur. V. Cultural Resources A. According to the Historic Resources Exhibit in the Santa Ana General Plan Revised Draft Land Use Element, the building immediately east of the subject site includes a historically and culturally significant ghost sign that may be affected by this project. Additionally, the subject site is located within the Downtown National Register District. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to obscure the historic ghost sign on the adjacent building's wall. Additionally, the building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be differentiated from old. Impacts will be mitigated to a less than significant level, and 7~-~2 Responses to Environmental Checklist For CEQA Compliance will be urther analyzed with the help o special studies by a quali ied architectural historian. B. The project area is located within an urbanized area and has been disturbed by previous and existing development. Therefore, it is unlikely that any significant archaeological resources exist on-site. The construction phase of this project will be monitored so as to identify an archeological resources unearthed during the implementation portion of this project. C. The project site is located within an urbanized area and has been disturbed by previous and existing development. Therefore, it is unlikely that any significant paleontological resources exist on-site. Implementation of the proposed project is not anticipated to disturb any known paleontological resources, and less than significant impacts on such resources are expected. D. The project site is not known to contain human remains interred inside or outside formal cemeteries. Discovery of human remains is governed by State Law, which requires stop of work and reporting to authorities. No impact would occur. VI. Geology and Soils A-1 According to the most recent Alquist-Priolo Zoning Map, no known fault traces are located in the City of Santa Ana. No impact would occur. A-2 Seismic hazard from ground shaking is typical for large areas of Southern California. However, the implementation of seismic design provisions for structural safety will help to minimize threats to human safety in the event of an earthquake. All structures will be designed in accordance with the seismic design provisions of the Uniform Building Codes to promote maximum safety in the event of an earthquake. No impact would occur. A-3 According to Exhibit 3-8 of the Santa Ana General Plan Draft Environmental Impact Report, the project site is located in an area of very low/low liquefaction hazard. No impact would occur. A-4 The project area is generally flat and implementation of the proposed project will, therefore, not require slope cuts that could result in landslides. No unstable hills or cliffs are located in the project vicinity. No impact would occur. B. Localized erosion of on-site soils may occur as a result of the proposed project. Individual projects that meet certain criteria are required to comply with the Orange County Stormwater Program and Stormwater Permit, and implement best management practices for each site, including post-construction. Given the relatively level slope and urban nature of the planning area, along with existing regulations, the potential for significant erosion such that a geologic hazard would be created is considered low. No impact would occur. C. The project site has been disturbed in the past and does not contain any unique geological or physical feature. No impact is anticipated. D. The proposed project is not located on sensitive or unstable soil. No impacts are anticipated. 7~-~3 Responses to Environmental Checklist For CEQA Compliance E. Sewer access is available in the project area. No impacts would occur. VII. Hazards and Hazardous Materials A. Implementation of the proposed project is not associated with the use, storage, or disposal of hazardous substances. No impact would occur. B. The proposed project is less than one-half mile of an existing school. Due to the small number of units, and low additional traffic count. No impact would occur. C. The proposed project area does not include sites located on a Hazardous Material Site List. There are no impacts. D, There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within atwo-mile radius of the airport. The proposal does not include structures which exceed 200 feet in height, and is not within the John Wayne Airport Planning Area. No impact would occur. VIII. Hydrology and Water Quality A. Runoff from the project area will not result in ongoing or new violations of water quality or waste discharge standards imposed by the various agencies (RWQCB, Orange County Water District, etc.). This is a relatively small infill development project, and does not include an unanticipated amount of discharge into drainage. No significant impact would occur. B. The proposed project, in conjunction with other past, present, and reasonable foreseeable future projects, will contribute to the utilization of public water. The level of development anticipated under the proposal is such that it does not necessitate the preparation of an assessment to ensure water supplies are not adversely affected. Impacts are insignificant due to the relatively small scale of this project as an infill development project.. C. The proposed project is within a developed and urbanized area. The project will not result in a significant change in surface drainage patterns or absorption, as the site is currently impervious, and will continue to be post-construction. The site is less than one acre, and would not require preparation of a Water Quality Management Plan. No significant impact would occur.. D. Surface waters in the region could be degraded by runoff from the proposed project; however, do the relatively small scale of the project (less than one acre). In impact would occur. E. The proposed project includes new housing development. According to Exhibit 3-11 of the Santa Ana General Plan Draft Environmental Impact Report, the proposed project is not located within a 100-Year Flood Zone. No impacts would occur. F. The project does not consist of a structure that would impede or redirect flood flows. No impacts would occur. 7~i~~44 Responses to Environmental Checklist For CEQA Compliance G. The proposed project will be designed in compliance with applicable flood control ordinances and will not expose persons or property to water-related hazards. No impacts would occur. IX. Land Use and Planning A. The proposed project area does not include existing residential neighborhoods. The project will not divide existing neighborhoods. No impact would occur. B. The project area is in an urban setting that does not harbor any significant environmental resources. However, the project includes amendment of the Zoning Code and associated maps, and to create a Specific District with development standards. The project has been analyzed for consistency with all applicable planning documents, and meets the intent of the C3-A zoning district by including retail land uses at the ground level to augment the primarily commercial nature of the Downtown. Additionally, the General Plan Land Use Element District Center designation considers residential population density for this area. This mixed use project meets this requirement, and therefore, the project meets the intent of the all applicable planning documents. A Specific District zone will clarify and bring consistency to the zoning and General Plan in this location. C. The proposed project is located in an urbanized setting and no locally designated species or natural communities are known to exist in the project area. The site is not part of any habitat conservation plan or natural community preservation plan. Therefore, no impacts would occur. X. Mineral Resources A. Pursuant to Section 3.8 of the Santa Ana General Plan Draft Environmental Impact Report, there are no areas in the City of Santa Ana designated as Significant Mineral Aggregate Resource Areas (SMARA). No mineral resources are known to exist in the project area; therefore, no impacts would occur. XI. Noise A. The proposed project will not expose the public to noise levels in excess of the standards set forth in the City of Santa Ana General Plan. However, during the construction phase of the proposed project, there will be an increase in existing noise levels. Adjacent land uses will be affected by construction-related noise, but this is a temporary condition and a singular occurrence due to development. Impacts are less than significant. B. Construction grading could generate vibrations; however, impacts are less than significant since this is a temporary condition and a singular occurrence due to development. C. Due to the relatively small scope of the project, the implementation of the project will not generally increase ambient noise levels in the area, and impacts will be less than significant. Adjacent land uses will be affected by construction-related noise, but this is a temporary condition and a singular occurrence due to development 7~9-~5 Responses to Environmental Checklist For CEQA Compliance D. Re er to XI.A. E. There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within atwo-mile radius of the airport. According to the Santa Ana General Plan Draft Environmental Impact Report, no area of the City of Santa Ana is within the noise impact area or 65 CNEL of John Wayne International Airport. Therefore, people residing or working in the project area will not be exposed to excessive noise levels. Impacts will be less than significant. XII. Population and Housing A. The project includes the development of housing and would result in an increased population in the planning area. According to the 2003 United States Census, the City's average household size was 4.6 persons per household. Therefore, this project has the potential for 23 additional persons to be added to the overall population if household members were from outside the City. The direct and indirect impacts of this growth are less than significant with an overall City population to be approximately 337,977 according the 2000 U.S. Census. B. The project will not displace existing housing as the subject site is currently vacant. There will be no impacts. C. The project would not displace existing population as no housing currently exist onsite. The project will result in an overall increase in housing in the planning area. No impact would occur. XIII. Public Services A.1 Implementation of the proposed project may result in an increased demand for fire protection and emergency medical services in the local area, but at a small scale. Impacts are less than significant. A.2 The proposed project may result in an increased demand for police services, but at a small scale. Impacts are less than significant. A.3 The proposed project may generate additional students, but at a small scale. Impacts are less than significant. A.4 The project will increase demand for recreational facilities, but at a small scale. Impacts are less than significant. A.5 The project may impact other governmental facilities, but at a small scale. Impacts are less than significant. XIV. Recreation A. The proposed project will not result in a substantial or significant increase in residents and employees in the area. However, the project does propose an onsite courtyard at the street level, and may be used for passive recreation. Since this project is infill development, and is of a relatively small scale, the project does not affect long term City goals for recreational land uses. Additionally, a roof deck is proposed that will 7~~~46 Responses to Environmental Checklist For CEQA Compliance allow or additional recreational space or residents. Impacts will be less than significant. B. The proposed project entails the construction passive recreational facilities that will not adversely impact the environment. The impacts of these facilities are included in the analysis for the respective issues. Impacts will be less than significant. XV. TransportationITraffic A. The implementation of the proposed project would increase vehicle trips in the project area. However, due to the small scale of the proposed project, impacts will be less than significant. B. The Circulation Element of the City of Santa Ana declares a minimum acceptable Level of Service - D (LOS - D) for major intersections in the City. This is above and beyond what is required by the County's Congestion Management Plan. Due to the small scale of this project, the implementation will not result in a less than significant impact. C. The project is not within the John Wayne Airport's Planning Area, and the proposed project does not include any heliports/helipads. Therefore air traffic will not be affected. No impact is anticipated. D. The proposed project will incorporate all applicable civil engineering standards to ensure that its implementation will not result in hazardous design features for vehicular traffic. A traffic study regarding the maneuverability of the public alley access was completed, and the results indicate a less than significant impact. A mitigation measure to have a mirror will be installed that will help the drivers leaving the proposed parking lift see oncoming alley traffic. E. Construction of the proposed project is not anticipated to result in inadequate emergency access to the site. Impacts are less than significant. F. The project includes underground parking with a parking lift to allow for eight parking spaces -one per bedroom of the proposed housing project thereby meeting the requirements for the City's multi-family residential parking ordinance. This measure will mitigate any effects for the need for additional parking capacity. Guest and consumer parking will be supplied through existing street parking and existing parking structure facilities. No significant impact will occur. G. The project will not negatively impact alternative transportation. There is no impact. XVI. Utilities and Service Systems A. The Orange County Sanitation District (OCSD) regulates wastewater treatment for the City of Santa Ana. The proposed project will not cause any violation of those standards set forth by the OCSD as it is a small infill development. No adverse impacts are anticipated, and no mitigation measures are required. B. The project will not cause a significant increase on existing water supply and wastewater facilities due to the relatively small scale of this infill development project. 7~~~7 Responses to Environmental Checklist For CEQA Compliance There will be no signi icant impact as previous analysis or water supply has included the build-out of this project area. C. The Santa Ana Public Works Agency has reviewed the proposed project and has not identified a need for new or altered systems to meet the increased demand for water drainage facilities resulting from this project. No impact will occur. D. The proposed project will not require modifications to the existing water system. No impact would occur. E. Refer to XVI.B. F. The project will generate additional solid waste. A preliminary review of landfills currently serving the project area shows significant remaining capacity. www.ciwmb.ca.gov. Santa Ana disposed of a total of 379,259 tons in the year 2000, at a rate of 2 pounds/resident/day and 10.9 pounds/employee/day. A study of the area landfills and their remaining capacity is presented in the following table. Landfill Closure Year Remaining Capacity million cubic ards Santa Ana Contribution tons 2000 Arvin 2008 2.2 23.0 Bradley West and West Ex ansion 2007 4.7 4.0 Colton 2006 0.6 3.0 Frank R. Bowerman 2022 63 290,175 Olinda AI ha 2013 38 74,965 Prima Deshecha 2067 87.4 2,158 Puente Hills #6 2013 62.3 2.0 Simi Valley Landfill and Rec clin Center 2034 9.5 33.0 Remaining Capacity in S stem 267.7 There is sufficient current capacity to accommodate waste generated in the project area. Impacts will be less than significant due to the relatively small scale of this project. G. The solid waste disposal needs of the proposed project will be served by Great Western Reclamation. Great Western Reclamation complies with all federal, state, and local statutes and regulations related to solid waste. The City's current diversion rate is 59 percent, more than the 50 percent required by state law. No significant impact is anticipated, and no mitigation measures are required. XVII. Mandatory Findings of Significance A. The project may impact historic resources, but to a less than significant level. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to obscure the historic ghost sign on the adjacent building's wall. Additionally, the building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be 7~~~8 Responses to Environmental Checklist For CEQA Compliance di erentiated rom old. The architecture and potential impact will be urther analyzed with the help of a qualified architectural historian. B. It is anticipated that air quality and traffic are less than significant due the small scale of this project. C. Implementation of the proposed project is expected to have no environmental impacts that are not expected to cause substantial adverse effects on human beings, either directly or indirectly. There will be no significant impact. XVIII. References City of Santa Ana General Plan: General Plan, Adopted September 1982. Draft Environmental Impact Report for the Proposed Santa Ana General Plan Draft Land Use Element. Prepared for the City of Santa Ana. Whittier, California: Blodgett/Cunningham and Associates, August 1, 1997. Draft Land Use Element. Prepared for the City of Santa Ana. Whittier, California: Blodgett/Cunningham and Associates, August, 1997. Secretary of the Interior's Standards. National Parks Service. 7~~49 REQUEST The proposed project is to create a Specific Development Zone 80 and development standards for a site located in the Central Business Artists Village (C3-A) zoning district with a current General Plan use designation of District Center (DC). PROJECT DESCRIPTION The subject property is located in the Central Business Artists Village (C3-A) zoning district and has a General Plan use designation of District Center (DC). The proposed project consists of the construction of a new 16,000 square foot mixed- use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five residential units occupying the remaining upper floors., on a 4,000 square foot lot. Parking will be provided in a subterranean garage using a lift. Project will require a zone change to create a Specific Development zone with development standards for the zone. RESPONSES TO ENVIRONMENTAL CHECKLIST The following is an analysis of potential environmental impacts associated with the proposed amendment to the Municipal Code to establish a Specific District. The analysis is based upon the City of Santa Ana Environmental Check List. The analysis focuses on impacts associated with approval of the proposed amendment to the municipal code. I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? Less than significant. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District would not result in adverse impacts to any scenic vista, or scenic resource. The project area is not located within a Scenic Corridor as identified in the Santa Ana General Plan. 7~~~0 Additionally, the subject site is not located near a State Highways. C. Substantially degrade the existing visual character or quality of the site and its surroundings? Less than significant Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District would not degrade the visual character of the City, in that the proposed project would establish development standards to help minimize potential visual impacts associated with the project. Additionally, the architectural style will be designed to complement the Downtown National Register District, and not creating a "faux historic" appearance thereby meeting the Secretary of the Interior's Standard Number Nine. The proposed new structure will be designed to provide a beneficial visual quality to the Downtown area. Additionally, the project will include a courtyard area that will possess multiple amenities such as seating, landscape, public art, and a water feature. These amenities will add, rather than detract from, the visual character and aesthetics of the downtown. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less than significant Major sources of light and glare in the project area will stem from existing street lighting. The proposed project will not introduce substantial new lighting that will be discernable over existing conditions. Parking and residential areas will have interior lighting, and the parking entrance lighting will be activated by the garage door opening. Glass on the exterior of the proposed structure will be non-reflective. Up-lighting will be utilized to highlight the historic ghost sign during evening hours, but will not be on past 10:00 p.m. II. AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or 7~~~~1 cumulatively result in loss of Farmland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the City of Santa Ana contains a limited amount of Prime and Unique Farmlands. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District would not result in impacts to agriculture resources, in that the subject area does not contain Prime Farmlands or Unique Farmlands. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? Less than significant The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and local general plans. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not have any effect on the growth projections in the City's General Plan. The estimated growth project is approximately 23 additional persons, and is not considered substantial growth. Therefore, approval of the proposed ordinance amendment would not be in conflict with the South Coast AQMP. B. Violate any stationary source air quality standard or contribute to an existing or proposed 'air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? 7~~~2 D. Expose Sensitive concentrations? E. Create objectionable of people? Less than significant receptors to substantial pollutant odors affecting a substantial number Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent project adhering to this zoning document would not result in any short-term construction related or long-term operational air quality impacts or odor impacts. The approval of the proposed ordinance would not involve any activities that would emit long-term or short-term air quality emissions or odor pollutants. III. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact According to the City's Updated General Plan Land Use Element EIR and the California Department Fish and Game Natural Diversity Data Base, there is a limited amount of sensitive biological resources within the City. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent project adhering to this zoning document would not result in any adverse impacts to any sensitive biological resources. The project site is in an 7~4~~3 urbanized area, and the project will not be disturbing any wetland site or existing City tree (Jacaranda). IV. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Less than significant with mitigation incorporated. According to the Historic Resources Exhibit in the Santa Ana General Plan Revised Draft Land Use Element, the building immediately east of the subject site includes a historically and culturally significant ghost sign that may be affected by this project. Additionally, the subject site is located within the Downtown National Register District. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to completely obscure the historic ghost sign on the adjacent building's party wall. That portion which will be obscured may be impacted negatively over time due to it being obscured; however it has been determined by special studies that current ambient conditions will have a greater impact over time than if a structure is built on the subject site. If left open to the elements, sunlight and inclement weather will continue to cause the historic sign to deteriorate at a greater pace that if it were sheltered. That portion of the ghost sign that will not be obscured will be highlighted for public view through landscaping, a water feature, up-lighting, and an interpretative sign that will offer photos and description of the historic sign. The un-obscured portion of the historic ghost sign is that area closest to the public right-of-way so as to allow more persons the ability to see the resource. Additionally, this portion of the sign is the most intact and visually interesting. The entire historic sign will be fully documented through a HABS survey. Additionally, the proposed building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be differentiated from old. Impacts will be mitigated to a less than significant level through the measures noted above, and will be further analyzed with the help of special studies by a qualified architectural historian. 7~~4 B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. No Impact According to the City's General Plan Land Use Element EIR, the City of Santa Ana is unlikely that any significant paleontological, archeological our human remains at located the project site. Additionally, the site is located within an urbanized area that has been disturbed by previous and existing development. The project will be monitored during the construction phase to ensure that no cultural resources are affected. V. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as most recent Alquist-Priolo Earthquake issued by the State geologist for the other substantial evidence of a known fau A-2. Strong Seismic Ground shaking? A-3. Seismic-related ground failure, including A-4. Landslides No Impact delineated on the Fault Zoning Map area or based on Lt? liquefaction? According to the City' s General Plan Land Use Element EIR there are no active earthquake faults, Alquist-Priolo Earthquake Zones or landslides within the City. However, several active faults are located within fifty miles of the City. In the event a moderate to high earthquake occurs along one of these faults, portions of the City could experience moderate seismic shaking impacts. However, the seismic risks in Santa Ana are similar to other areas in the southern Californian region. Additionally, according to the General Plan Land Use Element EIR, the potential for liquefaction hazards within the City ranges from very low to very high. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not increase the potential for seismic impacts, and liquefaction 7~9-~55 impacts, in that the approval of proposed ordinance amendment would not involve the development of any structures that would be subject to seismic shaking impacts or liquefaction hazards. B. Would the project result in substantial soil erosion or the loss of topsoil? No Impact Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in or increase the potential for soil erosion or sedimentation impacts. Short-term erosion potential would be subject to the City's erosion control requirements, and would therefore not cause an impact. C. Would the project result in the loss of a unique geological feature? No Impact According to the City' s General Plan Land Use Element EIR there are no known geological hazards or unique geologic features in the City. Therefore, Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in the loss of any unique geologic features. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact According to the City's General Plan Land Use Element EIR, Santa Ana contains a wide variety of soil types and associated geotechnical constraints. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to 7~9-~~6 this zoning document would not involve the construction of any structures that would be subject to geotechnical constraints. VI. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in the creation of or increase the potential of any significant hazardous material impacts to the public, in that the approval of the proposed ordinance would not involve any activities that would include the handling, storage or distribution of hazardous materials or emit hazardous emissions. Any retail use that operates from this site in the future would be subject to local, state and federal regulations regarding the handling of hazardous materials. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones, nor is the proposed project located within a John Wayne Airport Planning Area. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed amendment to the. Municipal Code would not increase the potential for safety hazards for people residing in or working within the City. 7~~7 VII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? I. Result in an increase in pollutant discharges to receiving waters? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact The City of Santa Ana is included within four watersheds; San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana does not contain any impaired water bodies, as defined by Section 303 of the Clean Water Act. However, the City does contain several drainage facilities that convey surface water runoff into bodies of water that are classified as impaired. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not directly involve routine waste discharges that would be in conflict with water quality standards established by the State Regional Water Quality Control Board, in that the approval of the proposed ordinance would not involve any long term operations or construction activities that would involve the discharge of water. This project would be subject to the City' s storm water protection requirements. 7~~~8 B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact The City of Santa Ana receives 66o of its water from underground water supplies. The underground water basin in the City ranges from -50-feet to +40-feet above sea level. Presently, the City pumps underground water from 21 water wells. Fourteen of the water wells pump ground water into small surface reservoirs. The remaining seven water wells pump underground water into the City's distribution system. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in adverse impacts to underground water supplies or prevent the recharge of underground water supplies, in that approval of the proposed ordinance would not involve any activities that would impact underground water supplies or provide impervious surfaces that would prevent the recharge of underground water supplies. Additionally, Big Box retail uses would not be permitted in areas where underground water recharge occurs. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. No Impact 7 ~0 4~ v The City of Santa Ana has a Master Plan of Drainage to guide the construction of adequate drainage facilities in the City. The facilities include a series of underground storm drain systems, open storm drain systems, catch basins and natural drainages. A significant drainage impact can occur when existing rates of surface water runoff are increased and existing drainage facilities are unable to accommodate the additional rates of runoff. Existing rates of surface water runoff can increase through the introduction of additional amounts of impervious surfaces, or through changes to existing drainage patterns. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not significantly alter existing drainage patterns or increase existing rates of surface water runoff due to the project's relatively small scale (less than one acre). F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact The City's General Plan identifies that portions of Santa Ana are within the 100-year flood Zone. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not cause development to occur within areas subject to 100-year flood risks. J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? No Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff 7 ~a~4 channels and by the removal of groundcover, which leaves the soil exposed. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not facilitate erosion impacts. Construction would be evaluated for potential soil erosion impacts and would be subject to the City's erosion control requirements. O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? S. Impact aquatic, wetland or riparian habitat? No Impact According to the City's General Plan Land Use Element EIR, there are no sensitive marine waters, fresh waters or wetlands in the City. However, the City does contain several drainage systems that convey drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could adversely impact sensitive marine resources. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in any activities that would discharge pollutants into sensitive downstream marine resources. All new construction would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. VIII. LAND USE/PLANNING A. Physically divide an established community? No Impact Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not physically divide any established community. No residential community exists within this immediate or adjacent areas, and therefore, no impact would occur. 7~~~~ 1 B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Less than significant with mitigation measures incorporated The project area is in an urban setting that does not harbor any significant environmental resources. However, the project includes amendment of the Zoning Code and associated maps, and to create a Specific District with development standards. The project has been analyzed for consistency with all applicable planning documents, and meets the intent of the C3-A zoning district by including retail land uses at the ground level to augment the primarily commercial nature of the Downtown. Additionally, the General Plan Land Use Element District Center designation considers residential population density for this area. This mixed use project meets this requirement, and therefore, the project meets the intent of the all applicable planning documents. A Specific District zone will clarify and bring consistency to the zoning and General Plan in this location. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan Land Use Element EIR, there are no habitat conservation plans or natural community conservation plans established within the City of Santa Ana. Therefore, approval of the proposed ordinance amendment and subsequent project would not be in conflict with any habitat conservation or natural community conservation plan. IX. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact The City's General Plan Land Use Element EIR identifies that there are no areas in Santa Ana that contains Significant 7~4a~2 Mineral Aggregate Resource Areas. Therefore, approval of the proposed ordinance amendment and subsequent project would not result in adverse impacts to any significant mineral resource. X. NOISE A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. B. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. C. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less than significant impact The proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation would not result in any long-term noise or ground borne vibration impacts, in that the proposed ordinance would not involve any activities that would emit long term operation noise impacts. The project's implementation will cause short term construction related noise impacts. This is a temporary and single-occurrence due to development, and will be mitigated through the requirement to meet the City's Noise ordinance and standards. According to the Orange County Airport Environs Land Use Plan portions of Santa Ana are impacted by aircraft noise. Approval of the amendment to the Municipal Code would not facilitate development within areas impacted with aircraft noise. XI. POPULATION/HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. 7~~~3 Less than significant The project includes the development of housing and would result in an increased population in the planning area. According to the 2003 United States Census, the City's average household size was 4.6 persons per household. Therefore, this project has the potential for 23 additional persons to be added to the overall population if household members were from outside the City. The direct and indirect impacts of this growth are less than significant with an overall City population to be approximately 337,977 according the 2000 U.S. Census. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed amendment to the Municipal Code to establish a Specific District for a mixed use project would not induce substantial growth in the City or displace substantial numbers of existing housing or population, in that approval does not displace homes and/or population. XII. PUBLIC SERVICES Fire Protection, Police Protection, Schools, Parks, Other Public Facilities Less than significant impact Approval of the proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation, would not significantly increase the demand for additional public services over current levels of service being provided in the City. The project site is located in an urbanized area, and this relatively small scale infill development will not significantly impact the need for public services. XIII. RECREATION 7~~~4 A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than significant impact. The proposed project will not result in a substantial or significant increase in residents and employees in the area. However, the project does propose an onsite courtyard at the street level, and may be used for passive recreation. Since this project is infill development, and is of a relatively small scale, the project does not affect long term City goals for recreational land uses. Impacts will be less than significant. B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact A roof deck is proposed that will allow for additional recreational space for residents. No adverse impacts would occur as a result of these new recreation facilities. XIV. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less than significant impacts It is projected that implementation of this proposed project would result in an increase of 80 daily trips with a four A.M. peak hour trips and seven P.M. peak hour trips. This is not considered a substantial increase to existing traffic load and capacity of the street system. The Circulation Element of the City of Santa Ana states that minimum acceptable Level of Service to be a "D" for major 7~~5 intersections in the City. This is above and beyond what is required by the County's Congestion Management Plan. This project would not have a less than significant impact to Level of Service. C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact The project area is not within the John Wayne Airport's Planning Area, and does not include any proposed helipads/heliports. No impact will result. D. Substantially increase hazards to a design feature E. Result in inadequate emergency access Less than significant with mitigation measures incorporated The Public Works Agency has expressed concerns regarding access to the site due to the width of the alley and the inadequate site distance when egressing the parking garage. A traffic consultant completed an access study which concluded that maneuverability into the parking area proposed by the project will be satisfactory provided the drivers use caution to avoid collisions with adjacent buildings and vehicles in the alley. Residents will, overtime, become adept at maneuvering from alley to parking area. A mirror will be installed to allow those emerging from the parking area to see any oncoming traffic. Any easements required for this mitigation will be obtained. Emergency access will not be inadequate since there is access to the building is proposed from both the front of the structure. F. Result in inadequate parking capacity G. Conflict with adopted policies supporting alternative transportation No Impact The project includes underground parking with a parking lift to allow for eight parking spaces at one per bedroom of the proposed housing project thereby meeting the requirements for the City's multi-family residential parking ordinance. This measure will mitigate any effects for the need for additional 7 °a~6 parking capacity. New retail in the area must apply for a C3 Parking Waiver to seek permission to utilize the public parking structures. One such structure is located within one block (within 200') of the proposed location. Guest and consumer parking will be supplied through existing street parking and existing parking structure facilities. No significant impact will occur. The project does not directly involve alternative transportation. There is no impact. XV. UTILITIES/SERVICE SYSTEMS A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? No Impact Approval of the proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation will be evaluated for potential impacts to utility service systems. There are no difficulties related to capacity at this time in the City, and wastewater discharge related to this project would be negligible. Since is relatively small scale infill development, no impact would occur. 7~~~7 XVI. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Potentially significant unless mitigation incorporated The project may impact historic resources, but to a less than significant level. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to obscure the historic ghost sign on the adjacent building's wall. Additionally, the building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be differentiated from old. The architecture and potential impact will be further analyzed with the help of a qualified architectural historian. B. Does the project have impacts that are individually limited but cumulatively considerable? Less than significant impact Approval of the proposed ordinance would not result in any significant cumulative impacts, due to the small scale of this project . C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? No Impact Approval of the proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation would not cause any substantial adverse effects on human beings, in that 7 ~9-~~ 8 the proposed ordinance would not involve any activities that would result in adverse effects to human beings or the environment. XVIII. DETERMINATION Based upon the evidence in light of the whole record documented in the above evaluation and cited references, I find that the proposed project would not have a significant impact on the environment and a Mitigated Negative Declaration has been prepared. XVIV. REFERENCES City of Santa Ana General Plan, 1997 City of Santa Ana, General Plan EIR, 1997 California Environmental Quality Act Guidelines California Department of Conservation Farmland Mapping and Monitoring Program South Coast Air Quality Management District Air Quality Management Plan California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan Secretary of the Interior's Standards. National Park Service. XX. PREPARER Hally Soboleske, Associate Planner, City of Santa Ana 7~~69 MITIGATION MONITORING PLAN INTRODUCTION Section 15097 of the California Environmental Quality Act (CEQA) Guidelines requires all state and local agencies to establish monitoring or reporting plans for projects approved by a public agency whenever approval involves the adoption of either a "mitigated negative declaration" or specified environmental findings related to environmental impact reports. The mitigation monitoring plan (MMP) contained herein is intended to satisfy the requirements of CEQA as they relate to the Subsequent Initial Study/Mitigated Negative Declaration (IS/MND) for the West End Loft Project/Specific Development 80 (SD80). This MMP is intended for use by City staff to ensure compliance with mitigation measures during project implementation. Mitigation measures identified in this MMP were identified in the Subsequent IS/MND prepared for the proposed project. The Subsequent IS/MND presents a detailed set of mitigation measures that will be implemented throughout the lifetime of the project. Mitigation is defined by CEQA as a measure which: • Avoids the impact altogether by not taking a certain action or parts of an action. • Minimizes impacts by limiting the degree or magnitude of the action and its implementation. • Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment. • Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project. • Compensates for the impact by replacing or providing substitute resources or environments. Note: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21002, 21002.1, 21081, and 21100(c), Public Resources Code. The intent of the MMP is to ensure the effective implementation and enforcement of adopted mitigation measures and permit conditions. The MMP will provide for monitoring of construction activities as necessary and in-the-field identification and resolution of environmental concerns. Compliance Checklist City staff will coordinate monitoring and document the implementation of mitigation measures. City staff will be responsible for fully understanding and effectively implementing the mitigation measures contained within the MMP. Table 1 of this report identifies the mitigation measure, the monitoring action for the mitigation measure, the responsible party for the monitoring action, and timing of the monitoring action. 7 " ~~70 . ~ . co m • ~ ~ ~ c Q c Q c • ~ Q .~ 0 o Q 'y Q .~ (9 o (II •y C Q O > O~ • • (per N~ (Cpl (/~ (~ ~ (nom C t0 ~ Z • • ~ ~ ~ •~ ~ C O ~ O N ~ ~ p ~ ~ O:~ O C O~ ~ C•N V.- O . C O~ a ~m va t~m c~ao N¢= tin. ~m Q O ~ w °' ~ . ~ Z W ~ ~ ~ ~N ~N °'N r- V ~ No •NO ~ . No ~ Z ~ • . O O O~ ~ O O N ~ W ~ ' ~uQi •~w Q D ~v~i I- d ~ a = a •s = cn n..5 z N Q C C °c' _ L 0 C H ~ o ,~ o ~ 3 0 LL U L ~ O ~ J ~ w U ~ " • ~' N C N C C N ~ ' ~ U (0 y C z ~ U O. N U ~ tNA 7~ C O O V W ~ ~ L ~~ ~ ~ U i `~ O~ C >O N c U U ~ ~ L (/~ W ~ ~ ~ ~ ~ O n ~ •C U d o. Q • Q.y V 0 ca -0 m ~ ~ • C O >, c o >, N 7 V d L . m e C N V ~ a~ a> >, °~ N C O N ~, L N C . . ~•L~ E (6 ~a ~ w ~ m r-. LO w (D ~ ~ ~ •> ~ ~ ~ N V ~ __ ~ ~ O L N V °~aNiL-a LOO-v°i 3.~0>. ~ m oo ~ N~` ~u~ ~y LL • _ ~~ 0 0 ~ 'O ~ _O 'O . C "O . C O L O O V) O Z "O ~ Z Z Q~ ' z O , ~ N 0 N V> O -+ ~ i i .' Q Q~ Q~ ~ d _Q) L (~ ~ ~ T N 2 ~. fA N Z (n O `i C _ -O (/~ O Q 3 O O N N N !A >, fn N Q O O N coo c C ~ O C O °~ O~ O •i ~ N ~ ~ 0) to .N•c o~ 3 ~ •y o•~ a~ ~ O o~v~~ ~cn ~ ~ o d N m~ w ~ = y UY >+ yam. L Q C > to Z • J s>,m~0 ~3~'3 ~ a~~=o~co Z a~~c o Q ~=0oc`o 3 ~ c~rnrno-~ . c~'> co~ L ~ ca~v>j-~ a J ~~ c~a?E ~ ~ ~ 0~ ~' c~ V •i C C E C 0.3=0 0=0 'L U~~ ~ °• ~ ~~ N E C .~. CO C 0~ w g _ „" N~ ~'N'0 C d C ~~ C ~~ ~ o ~ ' ' ° • ~ 2 > ~ $ ~ 2 0_ ,4? N ~ H ~ m v 3 z ~ cn v ~ X i o Q ~ ~ a 771 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING SPECIFIC DEVELOPMENT NO. 80 (SD-80) AND REZONING THE PROPERTY LOCATED AT 320 WEST FOURTH STREET FROM CENTRAL BUSINESS - ARTIST'S VILLAGE (C3-A) TO SPECIFIC DEVELOPMENT NO. 80 (SD-80) (AA NO.2006-04) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006-04 rezoning the property from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD-80), Conditional Use Permit No. 2006-13 to allow alive-work community and approval of Site Plan Review No. 2006-07 to allow the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five live-work community units occupying the remaining upper floors for the property located at 320 West Fourth Street. B. On September 25, 2006, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review No. 2006-07 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. C. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006-04, Conditional Use Permit No. 2006-13, and Site Plan Review No. 2006-07 came before the City Council of the City of Santa Ana for a public hearing October 16, 2006, and at that time considered all testimony, written and oral. 75A-72 D. Amendment Application No. 2006-04 has been filed with the City of Santa Ana to adopt Specific Development No. 80 (SD-80) and to rezone the property located at 320 West Fourth Street from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD-80). (AA No. 2006-04) E. SD-80 would allow on the first floor retail and service uses; fine art galleries which may include a studio as an ancillary use; fiber art galleries which may include a studio as an ancillary use; photography studios; printing, lithography and calligraphy studios (with a Conditional Use Permit); glass blowing and sculpturing studios (with a Conditional Use Permit); Ceramic and pottery studios (with a Conditional Use Permit); and cyber cafes (with a Conditional Use Permit). On the floors above the first floor, SD-80 would allow professional and administrative offices, design professionals, but excluding medical, dental and massage therapy offices; fine art studios; fiber art studios; photography studios; multiple-family dwellings (with a Conditional Use Permit); live-work communities (with a Conditional Use Permit); printing, lithography and calligraphy studios (with a Conditional Use Permit); glass blowing and sculpturing studios (with a Conditional Use Permit); and ceramic and pottery studios (with a Conditional Use Permit). F. Amendment Application No. 2006-04 is consistent with the General Plan, including but not limited to its goals and policies: To promote a balance of land uses to address basic community needs. Goal 3.0 of the Land Use Element of the General Plan. 2. To promote land uses which enhance the City's economic and fiscal viability. Goal 2.0 of the Land Use Element of the General Plan. G. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 320 West Fourth Street is consistent with the purpose of the general plan. H. The City Council also adopts as findings all facts presented in the Requests for Council Action dated October 16, 2006 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2006-04 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. The resolution approving and adopting the mitigated negative declaration and mitigation monitoring program for Environmental Review No. 2004-234 which came before the City Council on October 16, 2006. This ordinance incorporates by reference, as though fully set forth herein, that resolution and mitigated negative declaration and mitigation monitoring program. Section 2. The real property located at 320 West Fourth Street is hereby reclassified from Central Business -Artist's Village (C3-A) to Specific Development No. 75A-73 80 (SD-80). (AA No. 2006-04) Amended Sectional District Map number 12-5-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 3. Specific Development No. 80 (SD-80) as set forth in Exhibit "B", attached hereto and incorporated as though fully set forth herein, is approved and adopted in its entirety. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75A-74 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-75 z-s-1D +-s-1° SEVENTEENTH ST. as.1° J 11 I I 1 L_J L~ 1 ~J L 1 ~J l 1 ~J 1 1 L 1 659 u L + , -- -- - - - -r- - - + ns.l9 SP , „ C1 $ Cl ~ i ~ C1 ° is C1 Cl Cl i o I ri-s-9 r „SN ze g ~ ~ F C5 CS ~ SP-3 L ~ie ~ 8 , N ~ SP-3 SP-3 ! ~ R1 R1 ,BTN s p1 R1 R3- R3- R3- ~ 2695 I I-r R~ ~Rl, R2 ~I HD II HD II HD 11 ~ SP I 1 R3- R3- L E Non r°I' Ron 3 F ,sTN sT. - - r rA R1 ~ h 2,q Lf~!1 ~R2 0 R2 Rl ; R1 R1 o Rl oR1R2 R3- R3- 0 Roll HD II HDU R3- sP SP-3 SP-3 r HDU 3 IL - -- A w ToN A -- R _ I SP f I "v~ R2 R2 _ R2 R2 R2 P P RZ ~e9 ~ ' I.~p . -3 p-3 ~i R1 m R1 ~ R1 R1 R1 R2 R2 P R2 SP-3 SD- SP-3 P P P 75 SP R1 o Rt R1 a R2 R2 ~ C -~ 10 SP-3 I P Ir I Rt 3 R1 R1 R1 RI RB P P L I %o~ cR. I <P P P P-3 SP-3 SP-3 ,/s .+ P 1. !. & o n SD-20 sD.xD SD-20 Oja ~INI~ ~FNT SP 1 P P Y C4 1 GC GC R1 R1 GC S i SP-t 1 TN Si. ~ J~ sP-I R1 R1 i O 1 ,,,. _ 5 ~ GC ~. ; ~~ „° R2 N sP-1 R1 R1 sv5/ R2 P © sD-ss © SD-55 $D-55 J cl R2 P I sP-I 0 11 sP-1 P ~ P sD-Is 11-5-ID I Ct Cl C1 - - 1/-5-101 ~ -~ ~ ~ - 1St0 FIRST ~~- GC SAN - p3u STN ST NDII ~.~.~ aL~ - NDII C3 ~ Np Ca `~ NDU on r Z poll ¢ -Iron C ~ cs-a 39 ~~ SD-1 ~ ~~ ~ ~ ST C3-A C3-A C3-A C3-A ]-5-9 II 13-5.10 '18-5-9 SECTgNAL DLSTRICT MAP 12-5-10 SCALE IN FEET ~ ~ ' ADOPTED BY THE SANTA ANA CITY COUNCIL, JULY 20, 1959 BY ORDINANCE NS-381 o loon Ai GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT R7 SINGLE-FAMILY RESIDENCE 5O- MINIMUM FRONTAGE -FOOD MINIMVM LOT AREA -B PARKING MODIFICATION GC GOVERNMENT CENTER R7-4000 SMALL LOT SINGLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE TNIS MAP IS THE OFFICIAL SECTIONAL DISTRICT MAPOF rNE CrtvoF SAND Aru. C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE AS AVTHORIZED BY dTY COUNCIL C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT RESOLlf110N NO. ]L183. DATED 11-18-]<, I NEREDV ArTESr THAT TNIS NpP LSATNDE C3 CENTRAL BUSINESS O OPEN SPACE RE RESIDENTIAL ESTATE coPVOF THE ON~cIw,L SecraNAL Dlsrvacr MAP No. Izs/B. C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE P PROFESSIONAL SD SPECIFIC DEVELOPMENT C4 PLANNED SHOPPING CENTER PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN See - - iAr TREnNO CS ARTERIAL COMMERCIAL PD PLANNED DEVELOPMENT PUNNINGA &1kDING AGENCY CR COMMERCIAL RESIDENTIAL PRD PLANNED RESIDENTIAL DEVELOPMENT c.nnKme Dale RES.I A.A.IAN%. NO. AA. 1058 A.A.I088 A. A. %3 AA. 98A A. A. 965 A.AIXt2 A. A.08-0 ORD. I RES. NO. NS-21 ]] NS-2129 NS228T NS-2308 NS-235] NS-283° Pendrg ADOPTED DATE 32182 ]-1690 41598 12-2-98 61598 33-03 APPRWED ~~ ~~ ~~, 1l_A T~~ {~ RES. /A.A. /AN%. NO. ORD. /RES. NO. ADOPTED DATE APPRWEO • ~ , • ~ ~ , S _ PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA F.xx-B~7• ~ 75A-76 Specific Development Plan No. 80 Section 7. Applicability of Ordinance The specific development zoning district for amixed-use (commercial land use with a residential component) project as authorized by Chapter 41, Division 26, Section 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this ordinance. All terms contained herein shall be defined by the SAMC, unless specifically defined herein. Section 2. Purpose Specific Development Plan No. 80 (SD-80), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. SD-80 sets the development and design criteria for a development consisting of approximately four thousand (4,000) square feet, within the Downtown Historic National Register District. The purpose of this specific development is to allow for flexibility in site planning and design to respond to market conditions while assuring high quality development in this architecturally significant location. SD-80 specifically establishes for the property the following: • Permitted uses. • Development and operational standards, including building height limits, require setbacks, parking, landscaping provisions, and enforcement policies, as well as a provision for the protection of historic resources. • Maximum authorized intensity. • Signage provisions. • Refuse collection. • Utility requirements. Exhibit B Specific Development Plan No. 80 Page 1 of 8 75A-77 Section 3. Objectives The objectives of SD-80 include provisions of the following: • Along-term development that is of the highest architectural quality and design, and that architecturally complements the Downtown National Register District. • A landscaping plan that is complementary to amixed-use development and sensitive to the surrounding community. • A visually harmonious development as viewed both internally and externally. • A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent of policies of the General Plan. • A circulation system that is responsive to the needs of both vehicular and pedestrian travel. • The provision of a mixture of high quality housing and ground level commercial uses along Fourth Street so as to enhance the viability and vibrancy, and pedestrian- friendly qualities of the Downtown. • A mixed-use project complementing an adjacent historic resource "ghost sign" located on the structure immediately east of this site, as well as other culturally and architecturally significant structures in the area. • A mixed-use project blending with adjacent office and retail/service land uses. Section 4. Permitted Uses The categories of land uses to be included within the project area are retail and services uses, art galleries and studios, offices and a live work community. If a use is for any reason omitted from those specified as permissible or if ambiguity arises concerning the classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Panning Commission whose decision is final. A. Permitted uses on the first floor. The following land uses are permitted on the first floor: 1. Retail and service uses 2. The following creative art uses: a. Fine art galleries which may include a studio as an ancillary use. b. Fiber art galleries which may include a studio as an ancillary use. c. Photography studios. B. Conditionally Permitted Uses on the first floor only. The following uses may be permitted in the first floor subject to the issuance of a conditional use permit: Specific Development Plan No. 80 Page 2 of 8 75A-78 1. Printing, lithography, and calligraphy studios. 2. Glass blowing and sculpturing studios. 3. Ceramic and pottery studios. 4. Cyber cafes and subject to compliance with the requirements of SAMC Section 41-198.200. C. Permitted Uses on floors above the first floor: 1. Professional and administrative offices, design professionals, but excluding medical, dental, and massage therapy offices. 2. Fine art studio. 3. Fiber art studio. 4. Photography studio. D. Conditionally Permitted Uses on floors above the first floor: 1. Multiple-family dwelling. 2. Live-work community. 3. Printing, lithography, and calligraphy studios. 4. Glass blowing and sculpturing studios. 5. Ceramic and pottery studios. E. All other uses not expressly permitted or conditionally permitted in this ordinance are prohibited. Section 5. Maximum Permitted Building Density/Intensity for dwelling units live/work community units or commercial tenanf spaces This development has specific constraints due to the limited site capacity and availability of parking, and therefore, there is a maximum of five (5) dwelling units, live/work community units or commercial tenant spaces within the floors above the first floor. Section 6. Development Standards A. Building height and basement. 1. Structures are subject to a height limitation of sixty-eight (68) feet above ground level, which is defined as the vertical distance measured from the curb level to the highest point of the roof surface. This excludes elevator override area, appurtenances, and rooftop railings. 2. The building shall incorporate a full basement, which shall be used solely for vehicular parking and storage. Specific Development Plan No. 80 Page 3 of 8 75A-79 B. Setbacks. Front setback (Fourth Street). Maximum setback is zero; however, any appurtenance such as awnings, canopy, flagpoles, signage must obtain an easement and/or encroachment permit in order to be located so as to project into or over the right-of-way. A step-back of not less than one (1) foot from the front property line shall be implemented for the floors over three (3) stories, excluding basement. 2. Side (west). Maximum setback is zero. 3. Side (east). The historic "ghost sign" located on the adjacent building directly to the east of the subject site must be preserved and the north end of the "ghost sign" shall not blocked from public view. Therefore, the eastern side setback shall be a minimum of fifteen (15) feet for a length of thirty-seven (37) feet from the front property line so as to leave a clear view of the resources. Once at this thirty-seven (37) feet distance, no setback is required. 4. Rear (south). No setback required although, if parking is located off the alley, a minimum twenty-three feet, six inches (23'6") setback from the alley centerline shall be maintained to allow for driveway turning radius. C. Standards for dwelling units, live work community units, or commercial tenant spaces above first floor 1. A maximum of five (5) dwelling units, live work community units, or commercial tenant spaces for this project. 2. Each dwelling unit, live work community unit, or commercial tenant space shall be at least one-thousand (1,000) gross square feet in size. 3. Each dwelling unit, live work community unit, or commercial tenant space shall have bathroom facilities apart from other residential units, including a water closet, wash basin, and a bathtub or shower. 4. Each dwelling unit, live work community unit, or commercial tenant space shall have kitchen facilities apart from other units, including a kitchen sink, cooking appliances, and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front of and perpendicular to it. Specific Development Plan No. 80 Page 4 of 8 75A-80 5. Each dwelling unit, live work community unit, or commercial tenant space first floor shall have its own storage area in the in the basement of the building. D. Standards for commercial tenant space at first floor. 1. Each commercial tenant space shall space shall be at least one-thousand, one-hundred (1,100) gross square feet. 2. Each commercial tenant space shall be provided a minimum of seven hundred-eighty (780) square feet of storage space which shall be made available within the basement of the building. E. Parking. 1. Parking provided on-site shall be provided by interior garage and parking lift. 2. Units above ground/street level shall be provided at a minimum of standards defined as: a. One (1) parking space for each unit with a size of one-thousand, six-hundred (1,600) gross square feet or less. . b. Two (2) parking spaces for each unit with a size of one-thousand, six-hundred and one (1,601) gross square feet up to three- thousand, two-hundred (3,200) gross square feet. . c. Three (3) parking spaces for each unit with a size of three- thousand, two-hundred and one (3,201) and larger gross square feet. . 3. No additional parking shall be required on site. 4. No guest parking shall be permitted within the parking lifts. F. Walls and Screening. 1. Except as provided in Section 6(G)(1)(c) below, any wall or fence shall be constructed in compliance with the SAMC and is subject to approval of the Planning Division. 2. Any equipment, whether on the roof, side of the building, or in the courtyard area, or on the ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of material, color, shape, and size. G. Landscape/Hardscape Standards. The final design satisfying the following requirements shall be subject to the review and approval of the Planning Manager: Specific Development Plan No. 80 Page 5 of 8 75A-81 1. A minimum of afive-hundred fifty-five (555) square foot courtyard shall be maintained at the front of the property so as not to obscure the historic "ghost sign" on the structure immediately east of the proposed building. a. This courtyard shall maintain a water feature, hardscape and landscape features to complement and highlight the historic "ghost sign". b. The courtyard area shall incorporate uplighting to highlight the historic "ghost sign" to enhance the visibility, attractiveness, and preservation of this cultural feature. This uplighting feature shall be on a timer so as to minimize the amount of exterior lighting from 10:00 p.m. to 7:00 a.m. c. The courtyard area shall incorporate seating, seat walls, water feature, lighting, artwork (such as sculpture or sculpturally designed fence and gate) and landscaping to provide visual interest and additional amenities within the area. All seating, benches, and surfaces shall be made of a durable material such as concrete, stone, or painted iron, and be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. d. Landscaped areas within the courtyard area shall be irrigated using an automatic sprinkler system. The project shall have an approved Landscape Plan prior to construction permits being issued, and shall be fully implemented prior to issuance of Certificate of Occupancy. 2. First floor pedestrian amenities shall include lighting, and planters. These amenities shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. Additional pedestrian amenities are encouraged for the site. 3. Roof deck amenities shall be provided for the use of each dwelling unit, live/work community unit, or commercial tenant space. These amenities shall include seating, seat walls, and landscape planters. Any permanent landscape feature must be irrigated using an automatic sprinkler system. The rooftop amenities shall be maintained and shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. H. Architectural Design Features. The final design satisfying the following requirements shall be subject to review and approval of the Planning Manager: Exterior Materials: Exterior materials and finishes will comply with site plan review approvals granted through the Planning Commission or City Council. Exterior materials on the first three floors shall include real stone on the facade. Exterior enclosures and similar ancillary structures are to match the proposed structure in terms of texture, materials, and color palette. Specific Development Plan No. 80 Page 6 of 8 75A-82 2. Design Features: Any minor alterations and/or additions shall be in keeping with the original approved design of the structure in terms of scale, rooflines, materials, and color palette. Additionally, a written report shall be prepared by a qualified architectural historian and submitted to and approved by the Planning Manager demonstrating how the overall architectural design is compatible with the Downtown National Register District. 3. Lighting Standards/Fixtures: A minimum of one (1) foot candle of light shall be provided throughout the parking area and the parking apron. Specifications of light standards/fixtures and photometrics shall be submitted to the Planning Division and Police Department for approval prior to issuance of construction permits. 4. Except as provided in Section 4(G)(1)(b) above, there shall be no glare or spillover lighting into adjacent properties. All exterior glass materials on the exterior of the building shall be non-reflective. 5. The ceiling of the parking facilities shall be painted white, and be maintained to improve illumination and enhance safety within this area. The Planning Manager may approve minor modifications to the standards specified in this SD-80, provided that such changes are consistent with the purpose, scope, and intent of this document. The Planning Manager has the sole and absolute discretion to determine what constitutes a "minor modification". Section 7. signage A. All signage shall comply with the Santa Ana Municipal Code. A comprehensive sign program for the entire site, including, but not limited to, freestanding, wall, directional, addressing, permanent signs and graphics, shall be submitted and approved by the Planning Manager prior the issuance of any sign permit. B. The elevation directly facing Fourth Street shall be considered the primary elevation for signage purposes. Section 8. Refuse Collection Area Areas to handle the refuse for the development site shall be integrated into the building. At minimum, the project shall provide two (2) refuse collection areas measuring a minimum of eleven feet by seven feet (11' x 7') each. One collection area is to be used for refuse, and the other shall be for recycle materials. Such collection areas shall be enclosed and viewable by refuse collectors, with exterior materials such as concrete block with metal doors. Additionally, each collection area shall provide "chutes" to allow refuse from upper floors to collect within these areas to the extent required by AB239 or City of Santa Ana Ordinance and that determined by the Planning Division. Specific Development Plan No. 80 Page 7 of 8 75A-83 Section 9. Telephone, Electrical, Water, Gas, and Cable A. All on-site utilities shall be placed underground. B. Transformers of terminal equipment shall be visually screened from view from streets, and adjacent properties. C. There shall not be exposed downspouts, scupper drains, electrical or mechanical lines on the exterior of the building. All mechanical equipment shall be screened from view in an architecturally integrated manner, and shall not be visible from a distance of three-hundred feet (300') from ground level at a pedestrian height. D. Each unit shall be provided its own gas, electric, and water meters. Specific Development Plan No. 80 Page 8 of 8 75A-84 KO -10/10/06 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2006- 07 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2006-14 AS CONDITIONED FOR LIVE-WORK COMMUNITY FOR THE PROPERTY LOCATED AT 320 WEST FOURTH STREET WHICH IS WITHIN SPECIFIC DEVELOPMENT NO. 80 (SD-80) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006-04 rezoning the property from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD- 80), Conditional Use Permit No. 2006-13 to allow alive-work community, and approval of Site Plan Review No. 2006-07 to allow the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five live-work community units occupying the remaining upper floors for the property located at 320 West Fourth Street. B. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006- 04, Conditional Use Permit No. 2006-13, and Site Plan Review No. 2006- 07 came before the City Council of the City of Santa Ana for a public hearing October 23, 2006, and at that time considered all testimony, written and oral. C. On September 25, 2006, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004- 234. 2. Adopt an ordinance approving Amendment Application No. 2006- 04. 3. Adopt a resolution approving Site Plan Review No. 2006-07 as Resolution No. 2006- Page 1 of 11 75A-85 conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. D. Conditional Use Permit No. 2006-13 has been filed with the City of Santa Ana seeking to allow alive-work community for the property located at 320 West Fourth Street. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed new building will contribute to the general well being of the area by providing new pedestrian friendly commercial space along the predominantly commercial Fourth Street corridor on a lot that has been vacant for a long period of time. Further, the proposed residential land use in the upper floors of the proposed building will only enhance the vibrancy of the Downtown by bringing additional consumers and entrepreneurs directly to the area. ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed residential land use in the upper floors of the proposed building will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The parking garage is secured via remote control access only to allow for secure use of the parking area for residents. Additionally, the alley will be well-lit to as to offer increased safety and more visibility to drivers. The parking area will also be enhanced through a mirror to allow drivers backing into the alley to see oncoming traffic. Oncoming traffic will be notified when a vehicle is backing out of the parking area through the use of a flasher light triggered by the garage door opening. The front courtyard area of the building will be enclosed with a safety gate to prevent vandalism and graffiti. Resolution No. 2006- Page 2 of 11 75A-86 iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The new building, in conjunction with high quality landscape, hardscape and architectural style and materials, will be visually pleasing and offer a highly improved appearance from the vacant lot. The overall economic stability of the area will be strengthened as a result of new commercial services being added to the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed building with commercial on the ground floor/street level and residential uses on the upper floors will operate in compliance with Specific Development No. 80 and the Santa Ana Municipal Code. The courtyard which will be visible from the public right-of-way will be landscaped and provide visual interest through the use of high quality hardscape, seating, seat walls, and water feature. The proposed project meets the intent of live/work projects that are allowed via C3-A zoning. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use is in keeping with the density and uses identified by the General Plan designation of District Center. The project supports General Plan Land Use Policy Number 1.0 which calls for the promotion of a balance of land uses to address basic Land Use Policy Number 2.0 which calls for the promotion of land uses to enhance the City's economic and fiscal viability. The mixed use project accomplishes both these goals simultaneously. E. Site Plan Review No. 2006-07 has been filed with the City of Santa Ana seeking to allow the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five live-work community units occupying the remaining upper floors for the property located at 320 West Fourth Street. Resolution No. 2006- Page 3 of 11 75A-87 Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2004-234, prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council of the City of Santa Ana hereby, approves Site Plan Review No. 2006-07 as conditioned in Exhibit "A" attached hereto and incorporated herein and Conditional Use Permit No. 2006-14 as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 16, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 4. This Conditional Use Permit and Site Plan Review is expressly conditioned upon adoption by the City Council of an Amendment Application rezoning the property located at 320 West Fourth Street from Central Business -Artist's Village (C3-A) to Specific Development No. 80 (SD-80) (AA No. 2006-04). The rights of the applicant under this Conditional Use Permit and Site Plan Review shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then this Resolution is null and void and of no effect. Resolution No. 2006- Page 4 of 11 75A-88 ADOPTED this day of .2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attomey 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. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2006- Page 5 of 11 Clerk of the Council City of Santa Ana 75A-89 Conditions for Approval for Site Plan Review No. 2006-07 Site Plan Review No. 2006-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rior to exercising the rights conferred by this site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review approval. A. Planning Division Site Plan Review No. 2006-07 shall become void at such time as Conditional Use Permit No. 2006-14 becomes void pursuant to the Santa Ana Municipal Code, Chapter 41. EXHIBIT A Resolution No. 2006- Page 6 of 11 75A-90 Conditions for Approval for Conditional Use Permit No. 2006-14 Conditional Use Permit No. 2006-14 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. B. Planning Division Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP2004-91). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The buildings shall be of wood or steel construction with a quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this project. Exterior materials shall include a real stone product on the facade of the first three floors of the building. 4. The exterior east wall shall be reviewed in detail for potential aesthetic improvements, and/or the potential for temporary signage. Additionally, plant material should be included on the roof deck that may spill over the wall to soften the hard edges of the top floors of the architecture. 5. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, the walls, tiled showers enclosures and kitchen countertops of stone the or stone slab, or their equivalent. At minimum, the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. Exhibit B Resolution No. 2006- Page 7 of 11 75A-91 6. Prior to issuance of building permits, size specifications and details regarding each unit's access to elevators, shall be provided to the Planning Division. 7. The project shall include eight parking spaces utilizing a Klaus P310 parking lift. Detailed drawings and specifications shall be provided regarding the parking lift's operation, size, and mechanics. Each residential unit shall be allotted parking per the standards stated in Specific Development 80. 8. The parking garage shall provide insulated garage door(s) with automatic opener, transmitter and remotes. 9. Prohibit all first levels from any encroachment for use as bedroom space. The first floor (street level) is to be used for retail/gallery area as defined in Specific Development 80. 10. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project and site maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls/fencing will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. h. The site restrictions regarding to number of parking spaces. i. The site restrictions regarding the turning radius into the garage area. j. Types of commercial/businesses allowed in the residential areas. k. Number of employees to be limited to two per 1,000 square feet of gross floor area of the unit. I. No more than one business per residential unit. m. Standards shall be established for the ongoing maintenance of the parking lift. n. The use of a unique parking facility (parking lift) shall indemnify the City of Santa Ana for any liability for any potential accidents or injuries resulting from this facility. Resolution No. 2006- Page 8 of 11 75A-92 o. A covenant establishing the City of Santa Ana's release of liability regarding the unique parking facility (parking lift) shall be recorded with the County of Orange Recorder's Office. 11. A tentative tract and final tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 12. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 13. The proposed structure shall be built to all applicable commercial codes established by the 2001 California Building Code, and shall be compliant with the Americans with Disabilities Act to allow for the commercial uses on upper floors. 14. Prior to issuance of building permits, the exterior building amenities, materials and finishes, and balcony railings shall be submitted for review and approval by the Planning Division. Exterior glass shall be Class "A" and blue or green non-reflective, safety material. 15. Prior to issuance of building permits, specifications and details of the rollup window covers shall be provided to the Planning Division for review and approval. 16. Prior to issuance of building permits, the exterior building amenities, specifically the courtyard area at street level, water feature, street furniture and seating, security fencing, as well as materials and finishes shall be submitted for review and approval by the Planning Division. 17. The applicant shall provide a plan for lighting and landscape maintenance. The lighting and landscape plan and design will be reviewed by the Planning Division during the plan check phase. 18. Prior to issuance of building permits, the exterior building amenities, specifically for the roof deck area, as well as materials and finishes, and roof deck railings, and accessibility shall be submitted for review and approval by the Planning Division. This submittal shall include landscape and hardscape details, as well as furniture, any proposed water feature, and/or any recreational amenity. Resolution No. 2006- Page 9 of 11 75A-93 19. Prior to issuance of building permits, details regarding each unit's access to the roof deck, as well as elevator specifications, shall be submitted for review and approval by the Planning Division. 20. Prior to issuance of building permits, details of the building's security feature for visitors to contact individual units for entry shall be submitted to the Planning Division and Police Department for review and approval. 21. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location, as well as automatic fire sprinklers, fire alarms, and standpipe systems. 22. Prior to issuance of building permits, submit a plan for review indicating the location of utility vaults, transformers, check valves, air conditioning units, and gas and water meters. These appurtenances shall be screened from public view and be integrated into the building's architecture. 23. Prior to issuance of building permits, submit a plan for review indicating the location of all water heaters. These mechanical items are to be within the footprint of the building. 24. Prior to issuance of building permits, submit a Historic American Building Survey (HABS) related to the historic ghost sign on the easterly adjacent building that is completed by a qualified Architectural Historian to the Planning Division for review and archival purposes. 25. Prior to issuance of building permits, submit a proposal for an interpretative sign and display to be mounted on the Fourth Street building facade at street level related to the historic ghost billboard for review and approval by the Planning Division. This interpretative sign shall include photographs of the billboard, as well as a narrative description of the billboard's historical aspects. 26. Prior to issuance of building permits, an address directory/plan with accompanying floor plan must be submitted to the Planning Division for approval. 27. Prior to issuance of building permits, an onsite mailbox location for all units must be submitted to the Planning Division and approved by both Planning and the United States Post Office for location and method of operation. Resolution No. 2006- Page 10 of 11 75A-94 28. Prior to issuance of Certificate of Occupancy, a mirror shall be installed in such a way to allow those backing into the alley from the project's parking garage, to see oncoming traffic from said alley. This mirror may not project into the right-of-way. Should the mirror be required to be installed on an adjacent property, an easement shall be obtained from the owner of said adjacent property. 29. Prior to issuance of Certificate of Occupancy, a flashing traffic/warning light shall be installed to alert drivers headed east in the alleyway that a vehicle is emerging from the project's parking garage. Should the flasher be required to be installed on an adjacent property, an easement shall be obtained from the owner of said adjacent property. 30. Prior to issuance of Certificate of Occupancy, the building address number shall be posted on the building's facade, facing Fourth Street, in a minimum of four-inch letters. 31. Prior to issuance of Certificate of Occupancy, a sign program shall be submitted to the Planning Division for review and approval which includes a building address directory. Resolution No. 2006- Page 11 of 11 75A-95 75A-96 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: DECEMBER 4, 2006 TITLE: ACQUISITION OF 1002, 10021-~, 1004 NORTH FRENCH STREET, AND 313, 3131-~, 315, 317 EAST TENTH STREET, AND APPROVAL OF RELOCATION AND REPLACEMENT HOUSING PLANS CITY MANAGER EXE UTIVE (RECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the Relocation Plan for the residential property located at 1002, 1002, 1004 North French Street and 313, 313%x, 315, 317 East Tenth Street. COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute an agreement for the acquisition of real property and escrow instructions acquiring the real property located at 1002, 10021, 1004 North French Street and 313, 313'x, 315, 317 East Tenth Street, Santa Ana, AP# 398-027-15, from the Cort Stricker Separate Property Trust for the amount of $880,000 plus normal escrow and closing costs and rent loss for vacant units. 2. Adopt a resolution approving the Replacement Housing Plan for the residential property located at 1002, 10021-~, 1004 North French Street and 313, 313%2, 315, 317 East Tenth Street. 80A-1 Acquisition of 1002, 1002 =~, 1004 North French Street, and 313, 313 ~, 315, 317 East Tenth Street, and Approval of Relocation and Replacement Housing Plans December 4, 2006 Page 2 COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION CITY COUNCIL ACTION Recommend that the City Council adopt a resolution approving the Relocation Plan for the residential property located at 1002, 1002'x, 1004 North French Street and 313, 313'x, 315, 317 East Tenth Street. COMMUNITY REDEVELOPMENT AGENCY ACTION Recommend that the Community Redevelopment Agency: 1. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute an agreement for the acquisition of real property and escrow instructions acquiring the real property located at 1002, 1002'-~, 1004 North French Street and 313, 313%x, 315, 317 East Tenth Street, Santa Ana, AP# 398-027- 15, from the Cort Stricker Separate Property Trust for the amount of $880,000 plus normal escrow and closing costs and rent loss for vacant units. 2. Adopt a resolution approving the Replacement Housing Plan for the residential property located at 1002, 1002'-~, 1004 North French Street and 313, 313'-~, 315, 317 East Tenth Street. This item was continued from the November 7, 2006, Community Redevelopment and Housing Commission meeting by a vote of 4:0 (Jauregui, Turner, Yanez absent). At its Regular Meeting of November 21, 2006, the Community Redevelopment and Housing Commission voted 2:2 on this item (Turner, Yanez, No) (Jauregui, Sarmiento and Welty absent). DISCUSSION The property located at 1002, 1002, 1004 North French Street and 313, 313'-~, 315, 317 East Tenth Street, shown on Exhibit 1, encompasses 9,234 square feet of land and is improved with a single-family residence, which has been subdivided into three units and a four-plex. The 80A-2 Acquisition of 1002, 1002 %z, 1004 North French Street, and 313, 313 '-~, 315, 317 East Tenth Street, and Approval of Relocation and Replacement Housing Plans December 4, 2006 Page 3 purchase price of $880,000 represents the current fair market value for the property. In an effort to preserve the historic integrity of the original home, the property will be rehabilitated in coordination with the French Park Neighborhood Association and in accordance with state historic requirements. Once the property is rehabilitated, it will be sold to a moderate-income household. At the time the property is sold, there will be restrictions regarding re-sale affordability and maintenance standards recorded against the property. The California Health and Safety Code (Code) requires that when a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property that would lead to displacement of people from their homes, the legislative body must adopt, by resolution, a relocation plan. The acquisition of the property and subsequent demolition of the existing improvements will result in the displacement of seven households. The attached Relocation Plan (Exhibit 2) addresses this displacement and has been prepared in accordance with the Code. Additionally, the Code requires the Agency to adopt, by resolution, a replacement housing plan whenever it destroys or removes dwelling units from the low- and moderate-income housing market. Among other things, this replacement housing plan shall specify how and where the Agency shall provide replacement housing units. The attached Replacement Housing Plan (Exhibit 3) has been prepared for the property in accordance with the Code. CEQA COMPLIANCE In accordance with the California Environmental Quality Act, Categorical Exemption No. ER 2006-176 will be filed for this property. 80A-3 Acquisition of 1002, 1002 '-~, 1004 North French Street, and 313, 313 '~, 315, 317 East Tenth Street, and Approval of Relocation and Replacement Housing Plans December 4, 2006 Page 4 FISCAL IMPACT Funds are available in the Housing Set-Aside Fund, Santa Ana Boulevard Development Plan account (account no. 507-936-6611, project no. 07- 8042). APPROVED AS TO FUNDS AND ACCOUNTS: `~1cvr1 ado Nancy T. dwards Francisco Gutierrez C~ Assistant Director Executive Director Community Development Agency Finance and Management Services Agency SGH/SLB/mlr H:\ACTIONS\2006 CC\JT CC-CRA Acqui1009NorthFrench 12-4-06.doc 80A-4 H W W ~ ~ N N N ELEVENTH ST. Pd~N~ TENTH STREET y~ ~~~,~~ = 9 z Z LL vPNGE 0 W @3 2 ~ N ~ ~ a m N NINTH STREET N~9 ~~ e~ 1004 North French Street Exhibit 1 80A-5 RELOCATION PLAN FOR THE FRENCH STREET RELOCATION PROJECT COMMUNITY REDEVELOPMENT AGENCY OF SANTA ANA Copies are available in the 6`~ Floor, Community Development Agency Room 626 EXHIBIT 2 80A-6 REPLACEMENT HOUSING PLAN Statement of Purpose and Objectives This Replacement Housing Plan is prepared in accordance with California Health and Safety Code Section 33413. The project consists of the acquisition and removal from the housing market of the residential property located at 1004 North French Street in the City of Santa Ana by the Community Redevelopment Agency of the City of Santa Ana (Agency). The property consists of a single family home that has been divided into three rental units and afour-plex. Six of these units are one bedroom, and the seventh is a studio unit. All were occupied by very low-income households. Therefore they are subject to replacement in accordance with the legal requirements of the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.). Replacement units will initially be made available for occupancy at any time during the period beginning one year before the Agency's submission of the information required under the Plan and ending four years after acquisition of the property and its removal from the low- and moderate-income housing market. All replacement housing will be provided within four years of acquisition of the property and its removal from the low- and moderate-income housing market. Project Property Descri tU ion The location of the project property is identified in a site map, attached as Exhibit 1. The property is further described in Exhibit 2, which identifies the property by address with parcel number and number of bedrooms. Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.) all occupied and vacant occupiable units will be replaced in kind. Replacement Housing Units Exhibit 3 delineates by number of bedrooms the location where the replacement units are or will be located. It is anticipated that 1411 North Durant Street and 1501 North Ross Street units will be utilized for replacement housing purposes. Any replacement units not accommodated in these projects will be developed on infill sites or will be acquired or otherwise caused by regulation or agreement for the purchase of long term affordability covenants that meet replacement obligations for the 1004 North French Street project. In addition, the City's Housing Element identifies potential sites where any remaining replacement units maybe located. Income Level of Replacement Units The replacement dwelling units will be affordable and occupied exclusively by tenants with the same income levels as the persons displaced from the dwelling units that are EXHIBIT 3 Page 1 of 4 80A-7 being removed from the low-, very low- and moderate-income housing market. Therefore, all units will be made available to low-, very low- and moderate-income households. Funding Source The Agency and the City of Santa Ana have committed sufficient Tax Increment funds to finance the required replacement units. Low/Moderate Income Assurance All agreements related to replacement housing units will contain a covenant requiring that units remain available at affordable housing cost to, and occupied by, persons and families of very-low, low- and moderate-income for not less than fifty-five years for rental properties and for not less than forty-five years for homeownership units, as required by the Health and Safety Code Section 33413. Article 34 Com lip ance The replacement housing to be provided pursuant to this Replacement Housing Plan does not require the approval of the voters pursuant to Article 34 of the California Constitution, in that all of the replacement housing units fall within exceptions to the definition of "low-rent housing project" in California Health and Safety Code Section 37001. Availability of Plan Section 33413.5 of the Health and Safety Code requires that, for a reasonable period of time prior to its adoption by resolution, the Agency make available a draft of this Replacement Housing Plan for review and comment by the project area committee, other public agencies, and the general public. Beginning October 23, 2006 and ending November 3, 2006, the Plan will be available Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. in the following locations: Housing Department 20 Civic Center Plaza, 3`d Floor Community Redevelopment Agency 20 Civic Center Plaza, 6~" Floor Office of the City Clerk 20 Civic Center Plaza, 8~" Floor The availability of the draft Plan will be made known by means of a public notice published in the Orange County Register, a local newspaper of general circulation, on October 21, 2006. EXHIBIT 3 Page 2 of 4 80A-8 UNITS TO BE REMOVED FROM LOW-AND MODERATE-INCOME HOUSING MARKET Unit Address Current Use Assessor's Parcel Number Number 1 313 E. 10` Street, Santa One Bedroom 398-027-15 Ana Apartment 2 313 % E. 10` Street, Santa One Bedroom 398-027-15 Ana Apartment 3 315 E. 10` Street, Santa Studio Apartment 398-027-15 Ana 4 317 E. 10` Street, Santa One Bedroom 398-027-15 Ana A artment 5 1002 N. French Street, One Bedroom 398-027-15 Santa Ana A artment 6 1004 N. French Street, One Bedroom 398-027-15 Santa Ana Apartment 7 1004 %2 N. French Street, One Bedroom 398-027-15 Santa Ana Apartment EXHIBIT 2 EXHIBIT 3 Page 3 of 4 80A-9 PROJECTED REPLACEMENT PROPERTIES Parcel # To Replace A.P.N Address #Bedrooms Date Unit Available 1 005-112-19 1501 N. Ross 1 2007 2 005-112-19 1501 N. Ross 1 2007 3 005-112-19 1501 N. Ross 1 2007 4 005-112-19 1501 N. Ross 1 2007 5 005-112-19 1501 N. Ross 1 2007 6 005-112-19 1501 N. Ross 1 2007 7 398-522-25 1411 N. Durant 1 2007 EXHIBIT 3 Page 4 of 4 80A-10 11 /3/06 les RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 1002, 1002 %2 ,1004 NORTH FRENCH STREET, AND 313, 313 '/2, 315, 317 EAST TENTH 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 ("Council") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency ("Agency") is purchasing real property located at 1002, 1002 %2, 1004 North French Street, And 313, 313 '/2, 315, 317 East Tenth Street ("the Property"). B. The Property encompasses 9,234 square feet of land, and is improved with asingle-family residence which has been subdivided into three (3}units, and afour-plex. C. The Property will be rehabilitated in coordination with the French Park neighborhood and in accordance with state historic requirements, in an effort to preserve the historic integrity of the original home. Once rehabilitated, the house will be sold to a moderate income household. D. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. E. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25), as well United States Department of Housing and Urban Development regulations. F. The relocation plan is required due to the displacement of seven households. Section 2: The City Council hereby approves the relocation plan for the residential property located at the aforementioned addresses, and the 80A-11 11!3/06 les establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. 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 , 2006. 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. 2006- 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-12 REQUEST FOR COUNCIL/ AGENCY/HOUSING AUTHORITY ACTION MEETING DATE: DECEMBER 18, 2006 TITLE: PUBLIC HEARING - MORTGAGE REVENUE BOND INDUCEMENT AND TEFRA ON ISSUANCE OF TAX-EXEMPT BONDS AND LOAN AGREEMENTS WITH WILSHIRE/MINNIE, L.P. t/~-G~ '-''_ J CITY M NAGER EX CUTIVE D RECTOR RECOMMENDED ACTION FILE NUMBER CITY COUNCIL ACTION 1. Hold a TEFRA (Tax Equity and Financial Responsibility Act) Hearing in consideration of the issuance of 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 seventeen properties located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie by Wilshire/Minnie, L.P. 2. Adopt a resolution approving the issuance of tax-exempt bonds for the project. 3. Direct the City Attorney to prepare a loan agreement with Wilshire/Minnie, L.P., for the acquisition and rehabilitation of 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie in a total amount not to exceed $2.4 million. COMMUNITY REDEVELOPMENT AGENCY ACTION Direct the Agency General Counsel to prepare and authorize the Executive Director to execute loan agreements for the acquisition and rehabilitation of 1201, 1209,1213, 1221,1225,1229,and 1233 East Wilshire and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1st Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO 80B-1 P. H. - Mortgage Revenue Bond Inducement and TEFRA on Issuance of Tax-Exempt and Loan Agreements with Wilshire/Minnie, L.P. December 18, 2006 Page 2 Minnie with Wilshire/Minnie, L.P. in a total amount not to exceed $8.1 million. HOUSING AUTHORITY ACTION Adopt a resolution relating to the issuance of bonds for the purpose of financing the acquisition and rehabilitation of seventeen properties located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie by Wilshire/Minnie, L.P. CON~lLJNITY REDEVELOPMENT AND HOUSING CONIl~lISSION RECODIl~NDATION At its Regular Meeting of December 5, 2006, the Community Redevelopment and Housing Commission voted 6:0 (Turner absent) to continue this item to a Special Meeting on December 13, 2006. The results will be reported to the City Council. DISCUSSION Orange Housing Development Corporation, a non-profit 501(c)(3) (OHDC), and C & C Development Company, LLC (C & C) have formed a partnership, Wilshire/Minnie, L.P. to acquire and rehabilitate seventeen apartment buildings containing 164 units located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie (Exhibit 1). OHDC has successfully partnered with the City of Santa Ana and the Community Redevelopment Agency to acquire and rehabilitate 424 units in the City. Its projects include Santiago Villas, an 89 unit seniors only project, Ross-Durant, an acquisition-reconfiguration project offering larger units for families, and the acquisition and rehabilitation of 178 units in Cornerstone Village. OHDC owns and manages 2,626 units located throughout California. C & C has many years of residential development and management experience and previously partnered with OHDC in the Santiago Villas and Ross-Durant projects. As part of the rehabilitation, the partnership is proposing to reconfigure the 164 one-bedroom units into 144 one, two, three and four bedrooms. After the reconfiguration, the unit mix will be 108 one- bedroom, 16 two-bedroom, 18 three-bedroom and 2 four-bedroom units. In 80B-2 P. H. - Mortgage Revenue Bond Inducement and TEFRA on Issuance of Tax-Exempt and Loan Agreements with Wilshire/Minnie, L.P. December 18, 2006 Page 3 addition, the partnership is proposing to provide a community/learning center for the residents. Rents will be restricted to those affordable low- and very low-income households as described in Exhibit 2. The maximum occupancy will also be restricted to three persons for one-bedroom, four persons for two- bedrooms, six persons for three-bedrooms and eight persons for four- bedrooms. The total cost to acquire, rehabilitate and provide for the level of affordability for these properties will not be met solely through the issuance of bonds and tax credit allocation. Staff is recommending the gap be filled with $2.4 million funded from HOME and $8.1 million from the Community Redevelopment Agency (Exhibit 3). Repayment will be based on residual receipts. These loans are contingent on approval of the bond allocation and tax credits, approval of the relocation plan and any necessary variances by the Planning Commission. In order for the Housing Authority to apply for a bond allocation from the California Debt Limitation Allocation Committee on behalf of the partnership, the Housing Authority must adopt an Inducement resolution relating to the bonds. The Inducement resolution confirms the Housing Authority's intent to issue the bonds and identifies the time at which costs expended on the project qualify for financing with the tax-exempt bonds. The bonds are considered "conduit" obligations. This means that although the Housing Authority will issue the bonds, the owner is actually the borrower and has sole responsibility for repayment. The bonds will be repaid strictly out of the project's cash flow. There is no recourse to the Housing Authority, the City of Santa Ana or the Community Redevelopment Agency. Prior to bonds being sold, the City Council must hold a public hearing as required by the Tax Equity and Fiscal Responsibility Act (TEFRA). The public hearing is to solicit comments on the project and the issuance of the bonds. Holding the TEFRA is also a precondition to applying for the bond allocation. Approval of this project will ensure the future integrity and stability of the neighborhood by retaining ownership of seventeen contiguous buildings under one owner, which will be rehabilitated and will have affordability and occupancy covenants. It will also increase the 80B-3 P. H. - Mortgage Revenue Bond Inducement and TEFRA on Issuance of Tax-Exempt and Loan Agreements with Wilshire/Minnie, L.P. December 18, 2006 Page 4 availability of larger affordable housing units. The acquisition and rehabilitation of these properties will assist the City and Agency to meet their affordable housing goals as identified in the Consolidated Plan, Redevelopment Implementation Plan and Housing Element. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 06-203 will be filed for this project. FISCAL IMPACT Funds for the acquisitions and rehabilitation loans are available in the HOME Program in the amount of $2.4 million (account no.130-148-6951) and Tax Increment Housing Set-Aside Fund in the amount of $8.1 million (account no. 507-936-6951). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~ Nancy T. dwards Assistant Director Community Development Agency SGH/SLB/mlr ~~'e,,~',rancisco Gutierrez PP``~ ~``~ 'Executive Director Finance and Management Services Agency ,~ H:\ACTIONS\2006 CC\JT CC-CRA-HA MortRevBondInduceTefra 12-18-06.doc 80B-4 w z w c r ~ OXFgRt? STREET GRIFFtTH PLACE WILSHIRE AVENUE a ~ w ' s ' t~ w 3 WILSHIRE AVENUE w w w z at rn 80RCHARQ AVENUE G Kt F MApiSON AVE. AVENUE ~~~ Exhibit 1 80B-5 EDINGER APARTMENT AFFORDABILITY AND UNIT MIX WILSHIRE/MINNIE APARTMENTS Affordability Level Bedrooms N0. of Units Max. Allowable Rent 1 11 $581 400 2 2 $696 (very-low) 3 2 $788 1 34 $733 500 2 3 $878 (very-low) 3 5 $999 4 1 $1,115 1 63 $885 600 2 10 $1,0611 (low) 3 11 $1,210 4 1 $1,350 EXHIBIT 2 ~:~i WILSHIRE/MINNIE SOURCES AND USES BUDGET Funding Sources Amount Tax Exempt Bonds $7,967,109.00 Community Redevelopment Agency (Housing Setaside) $8,100,000.00 City of Santa Ana (HOME Funds) $2,400,000.00 Capital Contribution -General Partner $1,100,000.00 Capital Contribution -Limited Partner (Tax Credits) $7,804,080.00 $27,371,189.00 Funding Uses Amount Acquisition $16,750,000.00 Residential Construction and Related Costs $10,621,189.00 $27,371,189.00 EXHIBIT 3 806'7 12/11 /06 les RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AMOUNT NOT TO EXCEED FIFTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS FOR THE PURPOSE OF FINANCING THE ACQUISITION AND REHABILITATION OF SEVENTEEN BUILDINGS OF MULTIFAMILY RENTAL HOUSING BY WILSHIRE/MINNIE, L.P. 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 revenue bonds for the purpose of financing the acquisition, construction, rehabilitation and development of multifamily rental housing for families and individuals of low and very low income. B. Orange Housing Development Corporation, a California nonprofit public benefit corporation, on behalf of Wilshire/Minnie, L.P., a California limited partnership, formed by Orange Housing Development Corporation and C&C Development Company LLC, has requested the Authority to issue and sell revenue bonds in an expected principal amount of $15,500,000 (the "Bonds") pursuant to the procedures specified in the Law for the purpose of providing financing for the acquisition and rehabilitation of 164-units of multifamily rental housing located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 E. Wilshire Avenue and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 S. Minnie Street in the City of Santa Ana, California (the "Project"), located within the area of operation of the Authority. 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 Project is located wholly within the geographic jurisdiction of the City. ~:~1 ~ :~ G. 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 2. The City Council hereby finds and determines that the foregoing recitals are true and correct. Section 3. Pursuant to the Code, the City Council hereby approves the issuance of the Bonds by the Authority to finance the Project. It is the purpose and intent of this City Council that this resolution constitute approval of the issuance of the Bonds by the applicable elected representatives of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with the Code. Section 4. 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 5. This resolution shall take effect immediately. ~,~j ~ J ADOPTED this day of , 2006. 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: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2006- 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 80B-10