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HomeMy WebLinkAbout FULL PACKET_2007-01-16REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2006 ANNUAL REPORT AND 2007 BUDGET CF- ~ w'-~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1'~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve the 2006 Annual Report and the 2007 Budget for the Downtown Santa Ana Business Improvement District. 2. Adopt a resolution of intention to levy an annual assessment for calendar year 2007 and establish a time and place for a public hearing to be held by the City Council on February 5, 2007. ACTIONS BY COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION 1. Found that the 2005-2006 Downtown Santa Ana Business Improvement District Annual Report complies with the California Streets and Highways Code and approved the 2005-2006 Annual Report. 2. Directed the Deputy City Manager for Development Services to file the Downtown Santa Ana Business Improvement District 2005-2006 Annual Report and 2007 Budget as amended with the City Clerk for City Council approval or modification. 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 recommended actions were approved by the Community Redevelopment and Housing Commission by a vote of 5:1 (Macres No, Turner absent) at its Special Meeting of December 13, 2006. DISCUSSION On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to Section 36500 et seq. of the California Streets and Highways 19C-1 DT S.A. BID 2006 Annual Report and 2007 Budget January 16, 2007 Page 2 Code, creating a Business Improvement District (BID) in Downtown Santa Ana. On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC is responsible for making recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments (including the annual budget). The proposed budget for 2007 has been developed in cooperation with the Downtown Santa Ana Business Council, La Ca11e Cuatro de Santa Ana Association, Cart Vendors and Merchants of Historic Santa Ana, Inc., and the Fiesta Marketplace Partners (Associations). As a result of input from the Associations and the BID Advisory Board, the 2007 BID budget focuses on two key areas: (1) continued promotions and marketing of the BID (as permitted by Ordinance No. NS-1715) and (2) maintenance/safety/security services that equitably cover all the streets in the BID area. The activities described in item (2) require an affirmative action by the City Council and are permitted by California Streets and Highways Code Sections 36513(d), 36533(c), 36534(a)(3), and 36542(a). The activities and improvements described and recommended in the 2007 BID Budget and 2006 Annual Report may be approved pursuant to Sections 36533(c) of the California Streets and Highways Code. The estimated contribution from the 2007 BID budget for items 1 and 2 is $229,100. The 2006 Annual Report/2007 Annual Budget contains the basis and method of levying the assessment, an estimated cost of providing the improvements and activities and the amount of surplus revenue carried over (Exhibit A). In order to comply with State law, the City Council must approve the annual report and budget as well as conduct a public hearing prior to levying the annual assessment. FISCAL IMPACT There is no fiscal impact associated with this action. .~~ ~~ Ste hen G. rding Deputy City Manager for Development Services Community Development Agency SGH/NE/mlr H:\ACTIONS\2007 CC\DTSA BID2006AnnRept2007Bdgt 1-16-07 REVISED by lcp.doc 19C-2 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2006 ANNUAL REPORT EXHIBIT A 19C-3 2006 ANNUAL REPORT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT Back rg ound The Downtown Santa Ana Business Improvement District (BID) was established in February 1984 by the Santa Ana City Council as a means of providing the Downtown business community with funding for promoting the area, increasing security, enhancing maintenance and implementing physical improvements. The Community Redevelopment and Housing Commission (CRHC) of the City of Santa Ana, as the BID Advisory Board, is responsible for the preparation and administration of the BID's budget and annual report, its promotional and marketing programs, security and maintenance plans, and physical improvement projects. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 700 retail, service and professional members (see Attachment A). Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and/or sales volume of the business (see Attachment B). Summary of Improvements and Activities The two representatives Downtown associations (Downtown Santa Ana Business Council and La Calle Cuatro De Santa Ana Association) hosted a variety of major community events and promotions during 2006, they included: • Cinco De Mayo Celebration • July 4`" Celebration • Fiestas Patrias de Orange County El Grito Ceremony, Festival and Parade • Fiestas de las Americas Festival • Art Openings • Car Shows • Concerts • Holiday Events On October 6, 2003, the Santa Ana City Council appointed the CRHC as the Downtown Santa Ana BID Advisory Committee. As the BID Advisory Committee, CRHC is responsible for recommending an annual budget and other policies pertaining to the BID. Working with information provided by staff, the Downtown associations developed the 2007 BID budget. EXHIBIT A 19C-4 2007 Budget Plan As a result of input from the Associations and the BID Advisory Board, the 2007 BID budget focuses on two key areas: (1) continued promotions and marketing of the BID (as permitted by Ordinance No. NS-1715) and (2) maintenance/safety/security services that equitably cover all the streets in the BID area. The estimated contribution from the 2007 BID budget for items 1 and 2 is $229,100. The 2006 Capital Improvement fund will carry forward $352,500, which is dedicated to Phase II of Downtown Streetscape Project and special projects. The Phase II Streetscape Project is anticipated to commence Spring 2007. The City/Agency has dedicated $1.5 million towards the completion of this project. EXHIBIT A 19C-5 ©Z '1S ^^^uv^Y311LLY0ff^• •v^u vvS vv vvv vvvvvvvv^ •v- a W Q Z W W y W Z h m a Q z rii z 0 f- 0 0 ~~ 133a1S ^ N7N3a3 ^ ~~ ^ ^ ^ • 133a1f Ma37tlM5 ~ ^ 0^ D^^D 1{II•^uwv vll'^^~133aiS~uuvvv^~ XSiq ^ ~ 133x15 NIYp ^^^ ^C 3aasmis D^0 ^~C i;i a~ ~~c ~ ~~ ~ a ISI i ~';~ ~ •^vvvveva^vv+ 133Y1S tl3!lalJ _~ ~~ ~1 ~- ~ ^ ~ i ^ ~ L i a ~S W S v 6 19C-6 Attachment B 2007 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District, classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one-half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one-quarter times their annual business license fee. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it cannot be changed without written notice to all businesses with the boundaries of the proposed Business Improvement District and a public hearing held by the City of Santa Ana. EXHIBIT A 19C-7 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2007 BUDGET SUMMARY OPERATING FUND REVENUE BID Assessments -current $ 195,000 Prior Year Carry Forward 34,100 Total Revenue $229,100 EXPENDITURES District-wide Maintenance Programs $ 30,000 District-wide Safety/Security Programs 60,000 Holiday Decorations 9,900 Promotions and Marketing 129,100 Downtown Partner Contracts ^ 4`h St. Promotions Collaborative* $67,132 (52%) ^ SADBC Promotions $61,968 (48%) Total Expenditures $229,100 * The name 4`h Street Promotions Collaborative is not an official name or designation; it is simply a "coined" name - an easier way to refer to this group of business interests. The 4`h Street Promotions Collaborative is a geographic group comprised of Fiesta Marketplace Partners, La Calle Cuatro de Santa Ana and the Push Cart Vendors & Merchants of Historic Santa Ana. They are working together to develop and implement a Promotions and Marketing Program that will benefit the diverse business interests along 4`~' Street. EXHIBIT A 19C-8 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2007 BUDGET SUMMARY CAPITAL IMPROVEMENT FUND (No change -this activity was committed to in prior years; no action required) REVENUE BID Assessments -current 2005 Capital Improvement Carry Forwazd 2005 Operating Fund Carry Forwazd Total C.I. Revenue EXPENDITURES Phase II Streetscape Project District-wide Special Projects Total C.I. Expenditures EXHIBIT A $ -0- 300,000 52,500 $352,500 $ 300,000 52,500 $352,500 19C-9 (LCP, 1/8/07) RESOLUTION NO. 2007-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR THE YEAR 2007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. By Ordinance No. NS-1715, adopted February 6, 1989, the City Council of the City of Santa Ana established the Downtown Santa Ana Business Improvement Area pursuant to sections 36500 et seq. of the California Streets and Highways Code. B. Since the adoption of said ordinance, the City Council has levied an assessment in the following amounts for the improvements and activities of the Downtown Santa Ana Business Improvement Area: 1. For amusement services, pawnbrokers, service stations, and Classification A, including but not limited to, retail sales of goods, hotels, motels, theaters, food establishments: an assessment in an amount equal to one and one-half (1.5) the annual business license fee. 2. For commercial and residential rental property, residential and rooming house: an assessment in an amount equal to one-quarter (0.25) the annual business license fee. 3. For all other businesses: an assessment in an amount equal to the annual business fee. Section 3. The City Council presently intends to continue said assessment in the same amounts during the year 2007. Section 4. The improvements and activities for which the assessment revenues may be used in the Downtown Santa Ana Business Improvement Area pursuant to Ordinance No. NS-1715 are as follows: Resolution No. 2007-XXX 1901 ~ Page 1 of 3 A. Decoration of any public place. B. Promotion of public events. C. Furnishing of music in any public place. D. The general promotion of business activities. Section 5. The activities and improvements, including those identified in Section 4, for which the 2007 BID revenues will be used are: (1) promotions and marketing of the BID and (2) maintenance/safety/security services that equitably cover all the streets in the BID area. Promotions and marketing are authorized under Ordinance No. NS-1715. Maintenance, safety, and security services are authorized by California Streets and Highways Code Sections 36513(d), 36533(c), 36534(a)(3), and 36542(a). A description of these activities and improvements are included in the report on file with the Clerk of the Council. Section 6. The Downtown Santa Ana Business Improvement Area is located as shown on Attachment A, attached hereto and incorporated herein. Section 7. A report is on file with the Clerk of the Council to which reference may be made for a full and detailed description of the improvements and activities to be provided for the year 2007, the boundaries of the area, and the proposed assessments to be levied upon the businesses within the area for the year 2007. Section 8. A public hearing shall be held by the City Council at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California at its regular meeting of February 5, 2007 at 6:00 p.m. or as soon thereafter as the matter may be heard, for the purpose of determining whether to impose the above said assessment for the year 2007 for the improvements and activities described in the report. Section 9. At the public hearing, written and oral protests may be made in accordance with sections 36524 and 36525 of the California Streets and Highways Code. The City Council shall hear and consider all protests. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the Clerk of the Council at or before the time fixed for the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business. If a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. Resolution No. 2007-XXX Page 2 of 3 19C-11 Section 10. 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 , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lorena C. Penaloza 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. 2007-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. 2007-XXX 19C-12 Page 3 of 3 O= Q W Q H Z W W 0 to W Z N Mme' W Q Q d z a V~ f- 0 ~~ ~~ as ~~ ~~ •Y31111YORU4^^u~~~Lu u~~~u~~• ^o ]O 133Y1S ^^^o ~~i r:.~ ^^^o[, ^ ^ •^^^^^•~~^~^^^^^L ~~ ^ *~ ~. :. o. ~ ~. w ^ ~~ I °> ^ I ~ lal ~ 133tl1S tl3:d013 ^I i ~. T ^ ^ ^ ^ ^ ^ ^ a ^ m Ig18i ~'is ~ 4~~ ~^^^u^^~n^s^e a i W S w 4 19C-13 19C-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING BUREAU OF JUSTICE ASSISTANCE PROGRAM GRANT AWARD FUNDS 7 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to approve a Memorandum of Agreement between the City of Santa Ana Police Department, the City of Westminster, and the Community Services Program (CSP) for the purpose of impacting Human Trafficking. 2. Approve an Appropriation Adjustment accepting United States Department of Justice, Bureau of Justice Assistance, 2006 Human Trafficking Task Force Program Grant funds of $26,000 in revenue account (account no. 127-01-5362) and appropriate the same to expenditure account (account no. 127-359-various). DISCUSSION The United States Department of Justice, Bureau of Justice Assistance has awarded the Westminster Police Department a 2006 Human Trafficking Task Force Program Grant in the amount of 197,439. The Grant funding will support the activities of the Orange County Human Trafficking Task Force (OCHTTF) As a participating member, the Santa Ana Police Department will receive $26,000 in grant funds for overtime and training related to the Task Force activities. Staff recommends approval of the recommended actions as the Task Force positively impacts the community by directly aiding in the efforts to eliminate human trafficking. 20A-1 Appropriation Adjustment BJA Program Grant January 16, 2007 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Police Department's BJA 2006 Human Trafficking Task Force Revenue Account (account no. 127-01-5362) by an amount of $26,000 and the expenditure appropriation for Police Department's BJA 2006 Human Trafficking Task Force Expenditure Account (account no. 127-359 -various) by the same. APPROVED AS TO FUNDS AND ACCOUNTS: ~_ C~ L ~ ~` ;,~ ~~~~~~ti ,1 ~~~., y,~ Paul M. Walters Francisco Gutierrez °~ r~ Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: CONTRACT RENEWAL FOR PREVENTITIVE MAINTENANCE FOR DIESEL EXHAUST REMOVAL SYSTEMS (SPEC. NO. 04-097) CITY MANAGER RECOMMENDED ACTION Renew the contract with Air Cleaning maintenance for diesel exhaust removal one-year period in the annual amount not DISCUSSION 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 Systems, Inc. for preventative systems and repair services for a to exceed $26,450. Fire Station apparatus rooms accumulate diesel exhaust smoke and fumes when vehicle engines are started. All ten fire station's front line apparatus are outfitted with a P1ymoVent Diesel Exhaust Removal System. The diesel exhaust removal system provides a hose assembly that collects and removes all exhaust fumes, thereby facilitating a cleaner air quality environment within the fire stations. The diesel exhaust removal systems require a minimum of two preventative maintenance tune-ups per year and repair services from time to time. Air Cleaning Systems, Inc. has been certified by P1ymoVent as an authorized distributor, installer and warranty repair center and has agreed to renew the contract with a minimum increase in pricing. The vendor has performed satisfactorily during the past contract period and staff recommends the renewal of the contract. FISCAL IMPACT Funds are available in the Fire Maintenance Other Contractual Services account (account no. X11-327-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Fi (V ~~~e~~c~~~s _ , Ga is c~ Francisco Gutie~ez of Executive Director Finance & Mgmt. Services AgencyL- PG/S~'/04-097R.3:uc 22/1'1 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: CONTRACTS AWARD FOR. SCREEN-PRINTED CLOTHING (SPEC. NO. 06-197) ~~V~ CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award contracts for screen-printed clothing for a two-year period with provision for three, one-year renewals in the annual amount not to exceed $70,000 with the following vendors: Vendor: Location: Image Printing Solutions Irvine McVicker & Associates Laguna Hills Pacifica T-Shirts Santa Ana Scott's Screenprinting Orange Seaside Embroidery San Clemente DISCUSSION The City establishes an annual list of vendors providing services that are required by agencies on a consistent basis. The Parks, Recreation and Community Services Agency utilizes screen-printed items such as T-shirts, sweatshirts, golf shirts, jackets, and ball caps for various sports and youth guidance programs including softball and soccer, zoo camp and various volunteer programs. Additionally, the City provides stock T-shirts for uniformed personnel in the Finance and Management Services Agency, Police Department, Public Works Agency, Fire Department, and the Parks, Recreation and Community Services Agency. The recommended vendors have consistently been the bidders based on pricing, quality of goods and deliv~ orders are assigned on a per job basis. As such, the will allow the City to purchase screen-printed competitively bidding each job among the listed interrupted service to the City agencies. lowest responsive =ry schedule. All recommended action clothing, after vendors, without 22B-1 Contracts Award for Screen-Printed Clothing January 16, 2007 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). Francisco Gutierrez Executive Director Finance and Management Services Agency~v~ J FG/SP/06-197.2:uc 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: CONTRACT AWARD FOR STREET SWEEPING SERVICES AT THE DEPOT AT SANTA ANA RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 161 Reading ^ Ordinance on Intl 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 TSCM for street sweeping services at The Depot at Santa Ana for a twelve-month period with two 12-month renewals in an annual amount of $10,000. DISCUSSION The Depot at Santa Ana is a regional transportation hub, combining Amtrak, MetroLink, Orange County Transit Authority and other bus services with office space for various State, County and City departments. Patronage at the facility has escalated in recent years to over a million persons annually. Therefore, consistent, street-sweeping service must be maintained at all times in order to keep the exterior of the facility and the parking structure clean and attractive. A Request for Proposals (RFP) was issued to provide street sweeping services; the RFP was also published on November 6 and 8, 2006, in the Orange County Reporter. The summary of the Request for Proposals is as follows: 5 Invitations for Proposals Requested 2 Proposals Received Each respondent's equipment submittal and price quotations was rated using the following criteria: qualifications, history of firm, reputation of firm, history of like services, clarity and detail of submitted proposal and pricing. The ratings for the two respondents are as follows: 25A-1 Contract Award for January 16, 2007 Page 2 Street Sweeping Services-Depot FIRM LOCATION PRICE PER ANNUM RATING TSCM Huntington Beach, CA $9,900.00 244 So-Cal Sweeping Newport Beach, CA $17,940.00 130 TSCM, based in Huntington Beach, California, received the highest rating based on the evaluation criteria. TSCM currently provides the sidewalk steam cleaning services for other public properties in the City. As such, this new agreement exceeds the $25,000 limit and needs Council approval. FISCAL IMPACT Funds for this contract agreement will be available in the FY 05-06 Depot at Santa Ana Maintenance and Repair Buildings and Grounds account (account no. 67-615-6261). APPROVED AS TO FUNDS AND ACCOUNTS: ~C,f ~ C.G~cti~c.~w Stephen G.(~Harding Deputy Cit Manager for Development Services Community Development Agency SGH/CKF/mlr ~ .nc~~ IJy.~- Francisco Gutierrez Executive Director Finance & Management Services Agency H:\ACTIONS\2007 CC\COntAwardStreetSweepServ-Depot I-16-07.doc 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: AGREEMENT AWARD FOR LANDSCAPING SERVICES ^~ ' ~ ) ~~ lA ' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on 2ntl 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 Specialty Environments Co., Inc. for landscaping services for a two-year period with provision for two one-year renewals, in the annual amount not to exceed $26,300. DISCUSSION Landscape services are required at various public parking lots and right of way locations throughout the City, including Downtown, South Main and North Main. The landscaping program in Downtown allows for Fourth Street from Ross to French and the Artists Walk to be cleaned and maintained twice a week. The program in the public parking lots on South Main and North Main allows for once a week cleaning and maintenance. A Request for Proposals was advertised on November 8 and 10, 2006, and proposals were solicited. A summary of the proposals requested and received is as follows: 25 Requests for Proposals mailed 8 Request for Proposals mailed to Santa Ana vendors 5 Proposals received 3 Proposals received from Santa Ana vendors On December 1, 2006, five proposals were received. Each of the proposals was evaluated in four areas covering experience providing requested services, clarity and detail of submitted proposal, pricing and work plan. The maximum obtainable score is 400. The ratings for the four respondents are as follows: 25B-1 Agreement Award for January 16, 2007 Page 2 Landscaping Services FIRM LOCATION PRICE PER ANNUM RATING Specialty Santa Ana, CA $21,300 228 Environments Co., Inc. S.C. Yamamoto, La Habra, CA $29,400 225 Inc. Master Landscape Westminster, CA $21,840 195 & Maintenance Midori Gardens Santa Ana, CA 49,716 162 Pinnacle. Santa Ana, CA 34,680 132 Landscape Company The proposal from Specialty Environ rating average of fifty-seven specifications and meets the Environments Co., Inc. is currently Downtown, South Main and North Main service. ments Co., Inc. received the highest percent and is responsive to the City's requirements. Specialty providing landscape service in the and has provided a high standard of Staff recommends an agreement with Specialty Environments Co., Inc. for the annual amount of $26,300, which includes $5,000 for additional work, if needed, for color change out, broken sprinkler and tree trimming. The agreement term will be from January 2007 through December 2008. FISCAL IMPACT Funds are available in the Downtown Maintenance Fund (account no. 407- 933-6291). APPROVED AS TO FUNDS AND ACCOUNTS: "ha~r,cu ~- J~~va.cr~o ~(,Stephen~. Harding "~ Deputy ty Manager for Development Services Community Development Agency SGH/DM/mlr ~--~ ~~rancisco Gutierrez Fl Executive Director Finance & Management Services Agency H:\ACTIONS\2007 CC\AgreeAwardLandscapeServices 1-16-07.doc 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: AMENDMENT TO CONTRACT FOR CUSTODIAL MAINTENANCE SERVICES AT THE DEPOT AT SANTA ANA CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on 2ntl 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 amendment to the contract with Pacific Building Care for custodial maintenance services at The Depot at Santa Ana to increase the contract amount by $7,000 for an amount not to exceed $124,280. DISCUSSION The Depot at Santa Ana is a regional transportation hub, combining Amtrak, MetroLink, Orange County Transit Authority and other bus services with office space for various State, County and City departments. Additionally, the facility includes a five-story theme tower that houses additional office space and conference rooms. Patronage at the facility has escalated in recent years, which requires that consistent, high-level custodial service be maintained at all times in order to keep the facility clean and attractive. On June 6, 2005, City Council awarded a contract with Pacific Building Care (PBC) for a twenty-four month period with three 12-month renewals. PBC has been diligent in addressing its work plan in detail, and the company's efforts at The Depot have achieved the required level of cleanliness. On October 23, 2006, the new Pedestrian Bridge opened at The Depot to support the north bound commuters crossing over the railroad tracks. In order to maintain the pedestrian bridge at the same high-level of cleanliness as the rest of the Depot is receiving, additional custodial services are needed. Staff is recommending increasing the contract amount by $7,000 to include additional staffing five days a week, four hours a day. 25C-1 Amendment to Contract for Custodial Maintenance Services at The Depot at Santa Ana January 16, 2007 Page 2 FISCAL IMPACT Funds for this contract amendment in the amount of $7,000 are available in the FY 06-07 Depot at Santa Ana Maintenance and Repair Buildings and Grounds account (account no. 67-615-6241). APPROVED AS TO FUNDS AND ACCOUNTS: a'Yl ~sa~C.~-cL~o ~pl,Stephen Harding Deputy C' y Manager for Development Services Community Development Agency rancisco Gutierrez ~xecutive Director Finance & Management Services Agency PCW/DM/mlr H:\ACTIONS\2007 CC\AmendContCustodialMaintServsatDepot 1-16-07.doc 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: AGREEMENT WITH COASTAL MEDIATION SERVICES FOR HEARING OFFICER SERVICES FOR NUISANCE ABATEMENT ~^ (/ - - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n° 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 agreement with Coastal Mediation Services to provide hearing officer services in an amount not to exceed $30,000. DISCUSSION Since 1997, property owners who have been cited by Community Preservation for code violations have been offered mediation through hearing officer proceedings. As an alternative to court proceedings, hearings are conducted by the City pursuant to the Alternative Abatement Proceedings in accordance with Article VIII of Chapter 17 of the Santa Ana Municipal Code. Recently, the Public Works Agency has begun to offer this alternate for administrative citations issued by the agency. This contract would make available similar hearing officer services by the consultant for both Community Preservation citations and those issued by the Public Works Agency. For the past two years, the City has contracted for hearing officer services with Ms. Barbara A. Echan of Coastal Mediation Services. Her work for the City in this capacity has been exemplary. Her professionalism and knowledge give her the necessary insight to properly mediate these cases, with fairness to all parties. The City Attorney's Office recommends a two-year contract to alleviate the concern for bias rulings by the hearing officer in the City's favor in order to ensure annual renewal of contracted services. Therefore, the proposed agreement is for a two-year period. 25D-1 Coastal Mediation Services Agreement January 16, 2007 Page 2 FISCAL IMPACT Funds in the amount of $20,000 have been allocated for this purpose in the Planning and Building Agency's annual budget for FY 2006-07 in the Community Preservation account for other personnel services (account no. 11-509-6191). Funds in the amount of $10,000 have been allocated for this purpose in the Public works Agency's account for hearing officer charges (account no. 68-632-6291). APPROVAL AS TO FUNDS AND ACCOUNTS: Jam s G. ss ~J1iFrancisco Gutierrez c~ Ex cutive Director Executive Director Ptiiblic Works Agency Finance and Management Services Agency ay Trevino Ex cutive Director Planning and Building Agency SB:rb eb\rfcae\2006-09\COaetal Mediation hearing Officer L09.doc 25D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: AGREEMENT FOR LEASED COPIER, MAINTENANCE AND SUPPLIES (SPEC NO. 06-173) -___-----1~ ~' ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on Intl 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 agreement with Danka Office Imaging Company for the lease of a copier and full maintenance and supplies in an annual amount of $7,000, covering a three-year period, not to exceed $21,000. DISCUSSION Various agencies utilize office copiers within their departments to facilitate the daily management of records and information. Additionally, the City is transitioning from copier purchases to copier lease agreements supervised in Central Services to capture rapidly changing copier technology and optimum cash flow management. Personnel Services Agency's Risk Management copier is experiencing more downtime and the copier setup no longer meets copy demands. Due to condition and increased need for service, a 2000 Canon copier has been approved for replacement in the current fiscal year. Currently, Danka Office Imaging provides maintenance service and supplies for 16 copiers, used throughout the City. As such, this lease exceeds the $25,000 aggregate limit and requires City Council approval. The notice inviting bids was advertised on November 8 and 10, 2006, and bids were solicited. The bid received from Danka Office Imaging Company is responsive to the specifications and meets the City's requirements. To allow for unanticipated copy volume, a 10 percent contingency has been included in the award amount. 25E-1 Agreement for Leased January 16, 2007 Page 2 FISCAL IMPACT Copier, Maintenance and Supplies Funds are available in the Central Services Other Contractual Services and Maintenance & Repair Machinery & Equipment accounts (account nos. 71-176- 6291 and 71-176-6281). ~A~mo~l~' . ~ I Jr, ~ a Francisco Gutierrez y Executive Director Finance and Management Services Agency FG/KM/Agr06-173.2:uc i/" 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 16, 2007 TITLE: PURCHASE AGREEMENT3 FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2n0 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 Leovardo and Maricela Lopez for the purchase of the commercial property located at 522 S. Bristol in the amount of $533,000. 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. 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. 89-01 approved by City Council in 1990. 25F-1 Purchase Agreements January 16, 2007 Page 2 FISCAL IMPACT Funds are appropriated in the (account no. 59-553-6611). Select Street Construction Fund APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency ~,n.~rancisco Gutierrez Ai/l~xecutive Director (V Finance & Mgmt. Services Agenc~ 25F-2 MATCHLINE SEE BOTTOM RIGHT RAYMAR J AVENUE TOLLIVER LEGEND - SUBJECT PROPERTIES ® ACQUIRED PROPERTIES WALNUT ST. J STREET MCFADDEN AVENUE WILLRS BISHOP MATCHLINE EXHIBIT 1 SEE ABOVE LEFT SANTA ANA I r~1e. P~ JAN AR 16,A2oo7 ~.~ ~., mot. PURCHASE AGREEMENT FOR A BRISTOL STREET CORRIDOR (PROJECT 06-1500) 25F-3 ST. i 25F-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE COOPERATIVE AGREEMENT WITH SANTA ANA UNIFIED SCHOOL DISTRICT AND APPROPRIATION ADJUSTMENT FOR TRAFFIC SIGNAL MODIFICATION ON EDINGER AVENUE AND MOHAWK DRIVE CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a cooperative agreement with the Santa Ana Unified School District to modify the traffic signal on Edinger Avenue at Mohawk Drive. 2. Approve an appropriation adjustment accepting funds from the Santa Ana Unified School District in the amount of $70,000 into the Select Street Construction fund (account no. 59-01-5621-6) and appropriating funds to the Select Street Construction fund (account no. 59-551-6631) for the traffic signal installation modification on Edinger Avenue and Mohawk Drive. DISCUSSION The Santa Ana Unified School District (SAUSD) opened the new Hector Godinez High School in Centennial Park (Exhibit 1). Many parents are using the intersection of Edinger Avenue and Mohawk Drive to access the high school and are creating significant traffic congestion at this intersection. To mitigate the congestion a traffic signal modification is necessary. The traffic signal modification will provide for eastbound/westbound left turn arrows, a northbound right turn arrow, and an eastbound right turn lane. The City and the SAUSD agreed to share the cost of this improvement. In order to receive the funds from the SAUSD, a cooperative agreement is needed between the City and the SAUSD. As part of the Cooperative Agreement, the SAUSD will be required to provide the City with $70,000 to fund the modification of a traffic signal on Edinger Avenue and 25G-1 Cooperative Agreement between the City of Santa Ana and SAUSD January 16, 2007 Page 2 of 2 Mohawk Drive. The City will pay for also estimated to be $70,000. The used for design and construction of ENVIRONMENTAL IMPACT the remainder of the cost which is funds received by the City will be the traffic signal. There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $70,000 for the City's share of the cost for this proposed agreement are available in the Select Street Construction fund (account no. 59-551-6631). Funds received from the SAUSD in the amount of $70,000 will be deposited into the Select Street Construction fund (account no. 59-01-5621-6) and appropriated into the Select Street Construction fund (account no. 59-551-6631). 1/!~ ~'~ James G. oss~~~ Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~. ~` ~ .. Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency~~ 25G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE. AMEND AGREEMENT WITH MORELAND & ASSOCIATES, INC., FOR ADDITIONAL COMPREHENSIVE FINANCIAL AUDIT SERVICES ~ ~7G~~-----= ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2"tl 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 bf the Council to execute an amendment to the agreement with Moreland & Associates, Inc., for additional comprehensive financial audit services increasing the total aggregate amount by $26,000. DISCUSSION The City of Santa Ana retained the services of Moreland & Associates, Inc., a certified public accounting firm, to conduct the annual audit of the City's financial statements. In addition to the annual auditing services, the firm was directed to perform other related services such as the study of internal controls at the staff's direction. As a result of the specification development relating to the implementation of a new integrated financial software, staff would like to expand the current scope of work to include the evaluation of additional business processes. Staff is anticipating using this comprehensive study of the city's internal controls and processes to complement the new financial software with the implementation of modern business practices and reporting. It is estimated that the additional work will total up to $26,000. FISCAL IMPACT Funds are available in Finance & Management Services Accounting Other Personal Services account (account 11-171-6191). APPROVED AS TO FUNDS AND ACCOUNTS: ~5~^~~'~L-tom Francisco Gutierrez Executive Director Finance and Management Services Agency FG/PA-K/A.Agr O1-16-2007.2:uc 2 5 H ~1 25H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: AGREEMENT TO PROVIDE LEGAL PUBLICATIONS, SUBSCRIPTIONS AND ON-LINE RESEARCH SERVICES WITH LEXISNEXIS, INC. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl 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 agreement with LexisNexis, Inc. for legal publications, subscriptions, and on-line research services in an annual amount not to exceed $60,000. Various City Departments are required to have the ability to access the latest legal reference materials on an ongoing basis. This is done both through standard publication and on-line formats. Previous contracts with the City have provided continuous on-line access of legal research for all City Attorney Office staff and the Police Department. In addition, LexisNexis has been a primary provider of legal publications and materials for other City Departments as well. LexisNexis has provided these services to the City for the previous three years and is the only publisher of several of the required publications. The recommended action will allow for continuous service to the various City Departments. In addition, a single agreement across departments improves the City's overall coordination and use of legal materials. 251-1 Agreement with LexiaNexis January 16, 2007 Page 2 FISCAL IMPACT Funds are budgeted and available in the City Attorney Other Agency Services, and Books, Records and Video accounts (account nos. 11-031-6251 and 11-031-6651), and in the Other Agency Services, Other Contractual Services, Operating Material and Supplies, and Books, Records and Video accounts (object codes 6251, 6291, 6391 and 6651) of various operating departments. APPROVED AS TO FUNDS AND ACCOUNTS: ~nnm~4n Y'L~~ ~~. Francisco Gutierrez Executive Director C~ Finance & Management Services Agency Paul Walters Chief of Police 251-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: AGREEMENT FOR POLICE DEPARTMENT SECURITY MAINTENANCE SERVICES l k ~ ~""- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` 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 execute a three-year agreement with two, one-year renewal options with MASK Systems, Inc. to provide routine and emergency maintenance services for the jail security systems in an annual amount not to exceed $338,300. DISCUSSION The existing agreement for the jail security system maintenance expires in February 2007. As a result, staff prepared and distributed a Request for Proposal (RFP) seeking the most qualified and cost effective service program. RFPs were sent to three vendors. Of the three vendors who requested the RFP's only MASK System, Inc. responded to the proposal. The Police Department staff recommends the approval of this agreement with MASK Systems, Inc. MASK is the current vendor and has performed satisfactorily. The services identified under this agreement are scheduled preventive maintenance of all security systems, emergency and routine repairs of equipment, and an on-site system technician. Additionally, the agreement includes a $150,000 annual budget for spare parts, system enhancements, and system modifications. 25J-1 Agreement for Police Department Security Systems Maintenance January 16, 2007 Paqe 2 FISCAL IMPACT Funds are available in the Police Department, Jail Contractual Services Account (account no. 011-349-6291) in the amount not to exceed 238,300 and the Police Department Jail Inmate Welfare Fund Account (account no.23-349- 6291) in an amount not to exceed 100,000. APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez L(,g Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25J-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: AMEND AGREEMENT WITH AMERICAN HOMELAND SOLUTIONS FOR ADDITIONAL TRAINING SERVICES "4ti ~ ~/~ C TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2ntl 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 amended agreement with American Homeland Solutions for an additional $6,000 for a total aggregate amount not exceed $56,000 to provide additional training services. DISCUSSION The United States Department of Homeland Security, Office of Domestic Preparedness has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond, and recover from acts of terrorism. The grant specifically provides funding for anti- terror equipment, planning, training, exercises, and technical assistance. Santa Ana has been designated as an Urban Area Core City for the third year. The Santa Ana / Anaheim Urban Area has been awarded funding from the Department of Homeland Security UASI program in the amount of $11,980,000. The UASI grant requires that certain Santa Ana Police, Jail, and City personnel receive training in the National Incident Management System and the Incident Command System. On September 5, 2006, the City Council entered into an agreement with American Homeland Solutions to provide this training. To date, 210 employees have received the required training. However, due to scheduling conflicts, some personnel have not received the training. Staff recommends approval of the recommended action in order to complete this city-wide training effort. 25K-1 Amend Homeland Solutions January 16, 2007 Page 2 FISCAL IMPACT Funds are available in the FY 2006 UASI Grant, Other Contractual Services account (account no. 125-334-6291-33408). APPROVED AS TO FUNDS AND ACCOUNTS: y Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director ~~' Finance & Mgt. Services Agency 25K-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: AGREEMENTS FOR POLICE DEPARTMENT JAIL INMATE FOOD AND COMMISSARY SERVICES <-- CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a three-year agreement with two, one-year renewal options with Aramark Correctional Services, Inc. to provide inmate food services in an annual amount not to exceed $1,090,000. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a three-year agreement with two, one-year renewal options with Keefe Commissary Services, to provide inmate commissary services at a commission rate of 40.5$. DISCUSSION The existing agreement for the Jail inmate food services program expires in February 2007. This food service includes daily meals for all inmates, inmate commissary, and operation of the staff cafeteria in the Police Administration facility. As a result, staff prepared and distributed a Request for Proposal (RFP) seeking the most qualified and cost effective food service program. RFPs were sent to three vendors. Of the three vendors who requested the RFP's only one, Aramark Correctional Services, Inc, responded to the inmate and police facility food service portion of the bid. The remaining two vendors elected to only participate in the inmate commissary portion of the proposal. The Police Department staff recommends Aramark Correctional Services, Inc, for the inmate food services as well as the operation of the staff cafeteria and catering services. Aramark is the current vendor for these services and has preformed satisfactorily. Under the terms of the agreement Aramark will provide 3 meals per day at a rate of $1.95 per meal. 25L-1 Agreement for Police Department Inmate Food Services January 16, 2007 Page 2 The Police Department staff recommends Keefe Commissary Services, for the inmate commissary services portion of the jail food services program. Keefe Commissary is the nation's leading corrections commissary. Estimated annual revenue for this program is $160,000. FISCAL IMPACT Funds for the Aramark food services agreement are available in the Police Department, Jail Contractual Services Account (account no. 011-349-6291). The Keefe commissary services agreement will be paid from the Inmate Commissary Trust Fund (account no. 98-01-3611-399), which is derived from inmate deposits. Commission revenues will be deposited into the Inmate Recovery Account (account no. 23-01-5799-349). APPROVED AS TO FUNDS AND ACCOUNTS: i ~~, v~ : v Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25L-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 STUDdES PROJECT 06-2502 ~~ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO u_zC~...d~ FILE NUMBER I ~ - I ~j _ <J ('p l - l fo - o '"I 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 25M-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 alongh Harbor Boulevard via the former Pacific Electric (PE) Right-of-way, 17` 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 25M-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. ENVIRONMENTAL 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 ~ ~ DDDD T ~ '~ ~jmc ~u James G. Ross Francisco Gutierrez „ /~ (~ Executive Director Executive Director ~"/ Public Works Agency Finance & Management Services Agency 25M-3 SANTA ANA COLLEGE Maw RIACE CITY PLACE SCIENCE ~ ~. CENTER a i ,'~ s ,,' ~i BOWERS MUSEUM ~ Alignment 1 ~ Alignment 2 Algnment 3 ~ Algnments4AlB r i Extension Options BRT Routes City Boundary ~~~~ SARTC CINC Metroltnk Extension alignment Concepts -Santa ana ,~ocus area SANTA ANA ~ City Council P.~ WA : AgendCa rDatce N&1C~NOfIXS ~CEXCY/ OCt• ~V• LOOV Santa Ana Transit Master Plan Exhibit 1 25M-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: VARIANCE NOS. 2006-16 THROUGH 2006- 24 FOR A REDUCTION IN REQUIRED PARKING AT 1201-1233 EAST WILSHIRE AVENUE AND 1401 AND 1439 SOUTH MINNIE STREET - ORANGE HOUSING DEVELOPMENT CORPORATION, APPLICANT CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO ~ ~~ ~~ (/ / `^'~~~ FILE NUMBER CITY MANAGER RECOMM ENDED ACTION Receive and file the staff report approving Variance No. 2006-16, Variance No. 2006-17, Variance No. 2006-18, Variance No. 2006-19, Variance No. 2006-20, Variance No. 2006-21, Variance No. 2006-22, Variance No. 2006-23 and Variance No. 2006-24 as conditioned. PLANNING COMMISSION ACTION On January 8, 2007, the Planning Commission approved Variance Nos. 2006- 16 through 2006-24 as conditioned by a vote of 4:0 (Cribb and Gartner absent) to allow a reduction in required off-street parking of an existing apartment complex located at 1201-1233 East Wilshire Avenue and 1401 and 1439 South Minnie Street in the Light Industrial (M1) zoning district. 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. Ja M. Trevino cutive Director Planning & Building Agency VF:rb of \reporta\VA06-16thru06-24.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 8, 2007 TITLE: PUBLIC HEARING - FILED BY ORANGE HOUSING DEVELOPMENT CORPORATION FOR VARIANCE NOS. 2006-16 THROUGH 2006-24 FOR A REDUCTION IN REQUIRED PARKING AT 1201-1233 EAST WILSHIRE AVENUE AND 1401 AND 1439 SOUTH MINNIE STREET Prepared by Vince Fregoso Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation 1. Adopt a resolution approving Variance No. 2006-16 as conditioned for 1201 East Wilshire Avenue. 2 Adopt a resolution approving Variance No 1209 East Wilshire Avenue. 2006-17 as conditioned for 3 4 5 6 7 8 9 Adopt a resolution approving Variance No 1213 East Wilshire Avenue. Adopt a resolution approving Variance No 1221 East Wilshire Avenue. 2006-18 as conditioned for 2006-19 as conditioned for Adopt a resolution approving Variance No. 2006-20 as conditioned for 1225 East Wilshire Avenue. Adopt a resolution approving Variance No. 2006-21 as conditioned for 1229 East Wilshire Avenue. Adopt a resolution approving Variance No. 2006-22 as conditioned for 1233 East Wilshire Avenue. Adopt a resolution approving Variance No. 2006-23 as conditioned for 1401 South Minnie Street. Adopt a resolution approving Variance No. 2006-24 as conditioned for 1439 South Minnie Street. EXHIBIT A 31 A-2 CONTINUED TO Variance Nos. 2006-16 thru 2006-24 January 8, 2007 Page 2 DISCUSSION Request of Applicant Orange Housing Development Corporation is requesting approval of nine variances to allow a reduction in required off-street parking in conjunction with the rehabilitation of an existing apartment complex located at 1201-1233 East Wilshire Avenue and 1401 and 1439 South Minnie Street. Property Description The project site consists of nine individual parcels that encompass approximately 3.2 acres of land. Each site is occupied by one two-story apartment complex that contains 8 to 12 units per building. A total of 84 units are situated within the nine apartment buildings. The sites also contain a total of 111 on-site parking spaces. Table 1 below provides a breakdown of each parcel. Table 1 Property Profile Address Lot Size Existing Units Existing Parking 1201 East Wilshire .22 acres 8 10 1209 East Wilshire .22 acres 8 10 1213 East Wilshire .23 acres 8 10 1221 East Wilshire .23 acres 8 10 1225 East Wilshire .23 acres 8 10 1229 East Wilshire .22 acres 8 10 1233 East Wilshire .65 acres 12 14 1401 South Minnie .31 acres 12 18 1439 South Minnie .25 acres 12 19 TOTAL 3.21 acres 84 111 The site has a General Plan land use designation of Medium Density Residential (MR-15), which allows residential development at 15 units per acre. The subject site is located within the Light Industrial (M1) zoning district. The property is surrounded by multi-family residential uses to the north and south, single-family residential to the west and County of Orange facilities to the east (Exhibits 1 and 2). 31 A-3 Variance Nos. 2006-16 thru 2006-24 January 8, 2007 Page 3 Project Description Orange Housing Development Corporation/C&C Development Company, LLC have formed Wilshire/Minnie, L.P. to acquire and rehabilitate 17 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. As part of the rehabilitation, the applicant is proposing to reconfigure nine buildings with 84 one- bedroom units into 64 multi bedroom units. The structure and room layouts will be modified by combining existing one bedroom units to create one, two, three and four bedroom units. Units will range in size from approximately 550-610 square feet for a one bedroom apartment, 750 square feet for a two bedroom unit, 950 square feet for a three bedroom unit and 1080 square feet for a four bedroom unit. The overall unit breakdown includes 26 one-bedroom units, 18 two-bedroom units, 18 three-bedroom units and 2 four-bedroom units. Rents will be restricted to affordable low and very low-income households as described in Exhibit 3. 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. Various exterior and interior improvements are proposed for the project. Exterior improvements will include new stucco and paint for the exterior walls, repairing and repainting all decks and the removal of exterior doors where units are removed. Interior enhancements will include the reconfiguration of walls and the installation of new bathrooms and kitchens within each unit. Additionally, new paint, windows, doors and flooring will be provided for each apartment (Exhibits 4 and 5). Also, new landscaping will be provided throughout the project. Analysis of the Issues Orange Housing Development Corporation, in partnership with the City's Housing Division, is in the process of purchasing 17 apartment buildings near the Minnie Street (Cornerstone Village) apartment complexes. Once the purchase is completed and necessary funding is obtained, the applicant intends to rehabilitate all 17 buildings within the complex and provide affordable, rent controlled units with occupancy restrictions. However, due to the rehabilitation, which involves adding bedrooms to some of the units, a variance for a reduction in parking for nine of the properties is needed. 31 A-4 Variance Nos. 2006-16 thru 2006-24 January 8, 2007 Page 4 Section 41-681.3(3) of the Santa Ana Municipal Code (SANG) requires nonconforming multiple-family residential properties to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through a rehabilitation project. Therefore, based on current parking requirements, a total of 235 spaces are required, which includes 188 for the units and 47 guest spaces, while 111 are provided. In analyzing this request for a reduction in parking, staff considered the following information. The applicant will be reducing the number of units on the sites by 20 units, as shown on Table 2 below. This will effectively reduce the parking demand for the project. Additionally, through deed restrictions and covenants, the overall occupancy of the project will be reduced from 315 to a maximum of 274 (3 persons per one- bedroom unit, 4 persons per two-bedroom unit, 6 persons per three-bedroom unit and 8 persons per four-bedroom unit), also reducing the demand for parking. Also, the applicants will be instituting a permit only parking program. Permit parking, in conjunction with reserved parking, will also assist in reducing the parking demand for the properties. Finally, since the applicant has completed several similar projects, it has been found that the need for parking has been reduced with this type of project. Table 2 Unit Summary 2sss .gtinQ units P,toposed ~_ 1201 East Wilshire 8 6 1209 East Wilshire 8 6 1213 East Wilshire 8 6 1221 East Wilshire 8 6 1225 East Wilshire 8 6 1229 East Wilshire 8 6 1233 East Wilshire 12 8 1401 South Minnie 12 10 1439 South Minnie 12 10 TOTAL 84 64 Orange Housing Development Corporation has completed several successful, similar projects in the City, including the conversion of the former Howard Johnson's Motel into a senior apartment complex on East Seventeenth 31 A-5 Variance Nos. 2006-16 thru 2006-24 January 8, 2007 Page 5 Street and the rehabilitation of two apartment complexes on North Ross and North Durant Streets. This project, as with the prior projects completed by Orange Housing, will preserve and improve the character and integrity of the surrounding neighborhood through the numerous improvements proposed for the site. The reduction in the overall number of units, in conjunction with the strict occupancy limits, will result in a reduction in the parking demand for the complex. Approval of this project will ensure the future integrity of the neighborhood by retaining control of 17 contiguous buildings under one owner, which will be rehabilitated and will have affordability and occupancy covenants. It will also increase the availability of larger affordable housing units. The acquisition and rehabilitation of these properties will assist the City and Housing Agency to meet their affordable housing goals as identified in the Consolidated Plan, Redevelopment Implementation Plan and Housing Element. As a result, staff recommends that the Planning Commission approve Variance Nos. 2006- 16 through 2006-24 as conditioned. CEQA Compliance In accordance with the California Environmental quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. "~/ ~- Vince Frego o, AIC Senior Plan er VF:jm cr\reports\VA06-16thru06-24.pc 31 A-6 R1 o R1 I I q~ q~ RQ M2 M2 Al M1 R1 ~ R1 R, R1 R1 q1 R1 4 M, R4 "s Ri ~ R1 ~Erv R1 Rt R, M, ~ M1 ~R1~~• M~ ~ R4 R1 qi M1 R1 R1 R1 R1 R1 R, ~ qz m "' ~ Mt _~= M1 R3 "At Rl q~ R1 R1 Rl q2 R3 R3 ~ Ra R1 R1 R1 R1 R1 R1 qz M1 ~°""" M1 R1 ~ R1 ~ a, ne qi Ct C6 qi R1 R1 R1 C4 ~ MCFAD o ~ Mt M1 R1 Rt R4 -~- oR o R1 R1 R1 R1 w ~~ ~ ~AR TMo. R, ~ A,,,R; °` - ~ \ M1 ~ 3 q1 w R1 " , R, w~RNrv ~R1rv~ h PROJECT SATE ~ M1 R1 Rt R1 gl_HO~' M1 M1 RRD R1 R1 ~ ~ ~a~ ~ R1 R1~ R1~rv 0 ~ M1 ~. aR, ~ M1 ~ ~ M1• M1 R1 ~ M1 ~ un M1 R1 o R1 R1 rv R1 e M1 R1 ~ A R2 ~ Mp M, EDINGER AV M1 F Rl Rl - R, ~~ C1 C7 ~ ~.o a.. ~~ fl3 q3 M sr. M1 ~ Mau ~~~ E. . R1 Rl R1 ~~ R qa C2 ~ q1 Rt 5 R i M1 R1 R1 R1 R1 ooao g, _ SD-69 M1 SD-69 ~ Rl R~~' R1 R1~ Rl R2 0 q2 R1 a Rt R1 R1 ~ R1 ~ R1 ° q1 R1 LR, M1v SD-69 M1 ~~ SD-69 At GENERALAGRICULTURAL CR COMMERCIAL RESIDENTIAL Po SINGLE-FAMILV RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILV RESIDENCE C-SM COMMERCIAL SOUTH MAIN M, LIGHT INDUSTRIAL R3 MULTIPLE-FAMILV RESIDENCE C, COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R6 SUBURBAN APARTMENTS Ct-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 C3A CENTRAL BUSINESS-ARTIST'VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL _ VA 06-16 THROUGH 24 -- ORANGE HOUSING DEVELOPMENT CORP. ---~- 1201-1233 EAST WILSHIRE AVENUE, ~'' 1401 AND 1439 SOUTH MINNIE STREET - - =5oa FEET • _ , o0o 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 EXHIBIT 1 31 A-7 SINGLE FAMILY Q ¢ i gESID TI ~ - ~ Q U ~ RUSSEL L AV. SFR ~' ~ Q W Li -+ SI G E FAMI Y ~ ¢ ES D N IA - OXFORD ST w . p 2 W p wg SI G E FAMI Y O 2 ~ - h R S O N IA W ¢ F In MULTI FAMILY Y o W ¢ W GRIFFITN PL. N RESIDENTIAL T > > J _ ¢ ¢ SI G E F MI Y ~ ~ N - O 2 j ES D N IA Z 2 4 Q ¢ LL W F ¢ N W W U WILSHIRE p z w AV. y LL p SI G E F MI Y p 2 ti ti ES D N lA = > p O O ~ W W 2 Q Q N O 4 LL W U ~ W 2 mg s s o= v~ U o `~ BORCHARD AV. f J ¢ N M LT FA IL RE ID TIAL W Q LL ti F 2 m a 41 MOBILE HOME PARK O 2 MULTI F MI q SI NT L VA 06-16 THROUGH 24 _= ORANGE HOUSING DEVELOPMENT CORP. ~\ 1201-1233 EAST WILSHIRE AVENUE, ~ ~- 1401 AND 1439 SOUTH MINNIE 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-8 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 SOo 2 3 $878 (very-low) 3 5 $999 4 1 $1,115 1 63 $885 60% 2 10 $1,0611 (low) 3 11 $1,210 4 1 $1,350 ,.ri6THROUGH 24 EXHIBIT 3 31 A-9 t I tl--- '- - lay ~s (" ~ a~ ~'~e~[ i~ i~~ ~i ~i ali I~~ ~ ~ Y >f~ ~ Y yvo.~a~ E Q O li i Y Y $~ Y J'f Y i Y i ~ tl01 ~~ I ~ 0 120y on i?R 25 1119 ~ o a ~ ' a ~ ; - N M ! °9 ~ sv o ~ ~ ~ ( ~ - s _ Ik 9 ~' ~ ~~ Y ~ i i ~~ ~ „~ " P N ~ I i Q !eG _ ~Im mn ~ ~ ,e ~ y Ys. +' ~ ~I __ __ ~. ~ , _,. - - ~ __' Wilshire Ave =~ ~ ,,Y _ in ~ I ~ ~ Igoe I I S ~~~ I ~ N f e~° y i YM1M' •Lp s • N1 IOQTIf]II OYIJ ~ ~~ p YY i ~ a ~ • M.. . aew ~ ~,r~ ` 3.. ~,. ~ ~ gg !< Y h ~ E , ~g C ~ ut¢~ ~ ~ ~r aw~ovoe ~ 1 ~~ ~ ~ ~~ I E e e unxim a+Y Vicinity Map ~. W /v i ~ ~ ~ o l G I ~ S b ~- Site Plan (anena) ~3~V VA 06-16THROUGH 24 EXHIBIT 4 31A-10 .n .n a~ .n L i O ~-+ .~ O ~~ --r ~ i ~ _~ ~ ~ ~ 1_ - ~ ~~ N ~Y ~ O VA 06-16THROUGH 24 EXHIBIT 5 Pag~~~fCy _11 Z J ~ -o _~ ~~ _ 0 0 LL Q z z 0 ~ I ~ W DO ~ ~ I " ' / ^ ~ _~ ~~ '^ ~1.J ~ W Z Q J a ~o ~ ~~ 0 J LL ~ Z _ Z ~ 0 ~ U ~ W ti Cn ~ cn ~ ~ ~ Z (n ~ ~ '~ ao IL DO 31 ~9e~~6 _z J_ m 0 z a 0 J Z U W C~ .A ~i _~ ti r .~ m 31~g=~~6 I i _. _` l i III i ~~~ ~ I~ ~', ~ f ~~~ ~ ,I~~ ~rTl ~ ~I~, ~ +; ~ -r iit~~ c E m 0 m d c m v 0 m m G O c 3 c d ~~ ^~ W 0 ~~ 4~of 614 E pS 25 y c ~I~ ~'~I _. _. 0 _ AA`,, W a~ m a~ L ~ a ~ ' u u C H ~ _ ~ ~u J i`, V--- ICI ~, i~ i i-+ 4. C 0 N i t~ ~ - ~4- - ~n '~ ~ r i~.i C;~., .._. Ili C~ III J _~ n ~~ fr - ~ d ~i '~- 39~i~615 E C 1 _~ ~. ~.. 5 ~ I~_._..._... e Ali .. ~~ _.~1 ~.s~ ~ ~~i ~ ~_ z O W J W ~_ ~". ~1 ~ f~ ~ ~_~ ~_ ~ ~ J 1 ~~f 1 6 KO -1 /4/07 RESOLUTION NO. 2007-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-16 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1201 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-16, for a reduction in the required parking for the property located at 1201 East Wilshire Avenue. B. Variance No. 2006-16 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires twenty-two (22) parking spaces for the proposed project site. The current site only has ten (10) parking spaces available. As such, a variance of twelve (12) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-16 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Resolution No. 2007-04 Page 1 of 6 31A-17 2. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains ten (10) parking spaces, 1.66 for each unit. The applicant will be reducing the number of units on the premises from eight (8) to six (6), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 3. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 4. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F. In acwrdance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Resolution No. 2007-04 Page 2 of 6 31A-18 Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-16 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 8th day of January, 2007 by the following vote AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-04 Page 3 of 6 31A-19 Conditions for Approval for Variance No 2006-16 Variance Nos. 2006-16 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 variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. Exhibit A Resolution No. 2007-04 Page 4 of 6 31 A-20 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the Standard/Wilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-04 Page 5 of 6 31 A-21 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 2nd Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2007-04 Variance No. 2006-16 in this action by placing a true copy ereo enc ose In sealed enve opes a resse 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. 2007-04 Page 6 of 6 31 A-22 KO -1/4/07 RESOLUTION NO. 2007-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-17 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1209 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-17, for a reduction in the required parking for the property located at 1209 East Wilshire Avenue. B. Variance No. 2006-17 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires twenty-two (22) parking spaces for the proposed project site. The current site only has ten (10) parking spaces available. As such, a variance of twelve (12) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-17 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains ten (10) parking spaces, 1.66 for each Resolution No. 2007-05 Page 1 of 6 31 A-23 unit. The applicant will be reducing the number of units on the premises from eight (t3) to six (6), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-17 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-05 Page 2 of 6 31 A-24 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-05 Page 3 of 6 31 A-25 Conditions for Approval for Variance No. 2006-17 Variance Nos. 2006-17 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 rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannins~ Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Resolution No. 2007-05 Exhibit A Page 4 of 6 31 A-26 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the Standard/Wilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-05 Page 5 of 6 31 A-27 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 2nd Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2007-05 Variance No. 2006-17 in this action by placing a true copy ereo enc ose In sealed enve opes a resse 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. 2007-OS Page 6 of 6 31 A-28 KO -1 /4/07 RESOLUTION NO. 2007-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-18 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1213 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-18, for a reduction in the required parking for the property located at 1213 East Wilshire Avenue. B. Variance No. 2006-18 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires twenty-two (22) parking spaces for the proposed project site. The current site only has ten (10) parking spaces available. As such, a variance of twelve (12) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-18 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains ten (10) parking spaces, 1.66 for each Resolution No. 2007-06 Page 1 of 6 31 A-29 unit. The applicant will be reducing the number of units on the premises from eight (8) to six (6), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-18 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-06 Page 2 of 6 31 A-30 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Bv: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-06 Page 3 of 6 31 A-31 Conditions for Aaaroval for Variance No. 2006-18 Variance Nos. 2006-18 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 wndition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Exhibit A Resolution No. 2007-06 Page 4 of 6 31 A-32 4. Repair the damaged s ction of pavement (approximately 6 feet by 10 feet) in the knuckle areas o Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Str et. 5. Either provide eviden of dedication or dedicate a 10-foot by 10-foot corner cutoff at the en rance to the alley on Minnie Street between 1421 and 1425 S. Minnie Str et. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the Standard/Wilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-06 Page 5 of 6 31 A-33 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 2nd Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2007-06 Variance No. 2006-18 in this action by placing a true copy ereo enc ose in sealed enve opes a resse 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. 2007-06 Page 6 of 6 31 A-34 KO -1/4107 RESOLUTION NO. 2007-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-19 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1221 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-19, for a reduction in the required parking for the property located at 1221 East Wilshire Avenue. B. Variance No. 2006-19 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires twenty-two (22) parking spaces for the proposed project site. The current site only has ten (10) parking spaces available. As such, a variance of twelve (12) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-19 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains ten (10) parking spaces, 1.66 for each Resolution No. 2007-07 Page 1 of 6 31 A-35 unit. The applicant will be reducing the number of units on the premises from eight (8) to six (6), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-19 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-07 Page 2 of 6 31 A-36 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution Na. 2007-07 Page 3 of 6 31 A-37 Conditions for Augroval for Variance No. 2006-19 Variance Nos. 2006-19 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 rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Deaartment 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Resolution No. 2007-07 Exhibit A Page 4 of 6 31 A-38 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the Standard/Wilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution Na. 2007-07 Page 5 of 6 31 A-39 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 2nd Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2007-07 Variance No. 2006-19 in this action by placing a true copy ereo enc ose In sealed enve opes a resse 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. 2007-07 Page 6 of 6 31 A-40 KO -1 /4/07 RESOLUTION NO.2007-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-20 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1225 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-20, for a reduction in the required parking for the property located at 1225 East Wilshire Avenue. B. Variance No. 2006-20 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires twenty-two (22) parking spaces for the proposed project site. The current site only has ten (10) parking spaces available. As such, a variance of twelve (12) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-20 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains ten (10) parking spaces, 1.66 for each Resolution No. 2007-08 Page 1 of 6 31 A-41 unit. The applicant will be reducing the number of units on the premises from eight (8) to six (6), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-20 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-08 Page 2 of 6 31 A-42 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-08 Page 3 of 6 31 A-43 Conditions for Approval for Variance No. 2006-20 Variance Nos. 2006-20 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every wndition listed below rior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Resolution No. 2007-08 Exhibit A Page 4 of 6 31 A-44 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the Standard/Wilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-OS Page 5 of 6 31 A-45 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 2nd Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2007-08 Variance No. 2006-20 in this action by placing a true copy ereo enc ose In sealed enve opes a resse 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. 2007-08 Page 6 of 6 31 A-46 KO -1 /4/07 RESOLUTION NO. 2007-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-21 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1229 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-21, for a reduction in the required parking for the property located at 1229 East Wilshire Avenue. B. Variance No. 2006-21 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires twenty-two (22) parking spaces for the proposed project site. The current site only has ten (10) parking spaces available. As such, a variance of twelve (12) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-21 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains ten (10) parking spaces, 1.66 for each Resolution No. 2007-09 Page 1 of 6 31 A-47 unit. The applicant will be reducing the number of units on the premises from eight (8) to six (6), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-21 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-09 Pa®e 2 of 6 31 A-48 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-09 Page 3 of 6 31 A-49 Conditions for Approval for Variance No. 2006-21 Variance Nos. 2006-21 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in wmpliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Resolution No. 2007-09 Exhibit A Page 4 of 6 31 A-50 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the Standard/Wilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-09 Page 5 of 6 31 A-51 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 2nd Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2007-09 Variance No. 2006-21 in this action by placing a true copy ereo enc ose m sealed enve opes a resse 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. 2007-09 Page 6 of 6 31 A-52 KO -1 /4/07 RESOLUTION NO. 2007-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-22 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1233 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-22, for a reduction in the required parking for the property located at 1233 East Wilshire Avenue. B. Variance No. 2006-22 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires 35 parking spaces for the proposed project site. The current site only has 15 parking spaces available. As such, a variance of 20 parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-22 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains fifteen (15) parking spaces, 1.87 for Resolution No. 2007-10 Page 1 of 6 31 A-53 each unit. The applicant will be reducing the number of units on the premises from twelve (12) eight (8), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in z lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-22 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-10 Page 2 of 6 31 A-54 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-10 Page 3 of 6 31 A-55 Conditions for Approval for Variance No. 2006-22 Variance Nos. 2006-22 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 rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannins~ Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Resolution No. 2007-10 Exhibit A Page 4 of 6 31 A-56 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the Standard/Wilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-10 Page 5 of 6 31 A-57 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 2nd Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2007-10 Variance No. 2006-22 in this action by placing a true copy ereo enc ose In sealed enve opes a resse 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. 2007-10 Page 6 of 6 31 A-58 KO -1/4/07 RESOLUTION NO.2007-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-23 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1401 SOUTH MINNIE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-23, for a reduction in the required parking for the property located at 1401 South Minnie Avenue. B. Variance No. 2006-23 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires thirty-two (32) parking spaces for the proposed project site. The current site only has eighteen (18) parking spaces available. As such, a variance of fourteen (14) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-23 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject Resolution No. 2007-11 Page 1 of 6 31 A-59 site currently contains eighteen (18) parking spaces, 1.80 for each unit. The applicant will be reducing the number of units on the premises from twelve (12) to ten (10), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-23 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-11 Page 2 of 6 31 A-60 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-11 Page 3 of 6 31 A-61 Conditions for Approval for Variance No. 2006-23 Variance Nos. 2006-23 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 rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Resolution No. 2007-11 Exhibit A Page 4 of 6 31 A-62 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the StandardlWilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-11 Page 5 of 6 31 A-63 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 2nd Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2007-11 Variance No. 2006-23 in this action by placing a true copy ereo enc ose In sealed enve opes a resse 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. 2007-11 Page 6 of 6 31 A-64 KO -1 /4/07 RESOLUTION NO. 2007-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-24 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1439 SOUTH MINNIE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-24, for a reduction in the required parking for the property located at 1439 South Minnie Avenue. B. Variance No. 2006-24 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires thirty-two (32) parking spaces for the proposed project site. The current site only has eighteen (18) parking spaces available. As such, a variance of fourteen (14) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-24 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject Resolution No. 2007-12 Page 1 of 6 31 A-65 site currently contains eighteen (18) parking spaces, 1.80 for each unit. The applicant will be reducing the number of units on the premises from twelve (12) to ten (10), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-24 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-12 Page 2 of 6 31 A-66 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-12 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-12 Page 3 of 6 31 A-67 Conditions for Approval for Variance No. 2006-24 Variance Nos. 2006-24 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 riD or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Resolution No. 2007-12 Exhibit A Page 4 of 6 31 A-68 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the Standard/Wilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-12 Page 5 of 6 31 A-69 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 2nd Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2007-12 Variance No. 2006-24 in this action by placing a true copy ereo enc ose In sealed enve opes a resse 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. 2007-12 Page 6 of 6 31 A-70 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ORDINANCE AMENDING CHAPTER 33 OF ^ As Recommended THE MUNICIPAL, CODS REGULATING ^ As Amended NSWSBOXS3 ^ Ordinance on 2ntl Readt ng ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO .C~• - FILE NUMBER CI MANAGER RECOMMENDED ACTION Adopt an ordinance amending Chapter 33 of the Santa Ana Municipal Code regulating newsboxes in the public right-of-way. DISCUSSION The Santa Ana Municipal Code regulating newsboxes is found in Chapter 33, Article V, and was last amended by Ordinance No. NS-2246 adopted June 5, 1995. A newspaper publisher has requested a minor modification of our current newsbox standards in order to accommodate the display of two publications from a single newbox. Currently the required height of newsbox case dimensions in the public right of way is limited to 3134 inches which excludes some of the newer boxes available. Additionally, a newsbox is limited to a single publication. It is recommended that the Council adopt an ordinance amending Chapter 33 to allow case dimensions that are 3634 inches in height in order to accommodate two display windows in a single newsbox. Changes to the definition of the term "newsbox" are also proposed in order to clarify the distinction between a newsbox and a case. No changes are proposed that would limit or hinder valid first amendment activity. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, a Notice of Exemption has been filed for this project. 50A-1 Ordinance Amending The Municipal Code January 16, 2007 Page 2 FISCAL IMPACT Chapter 33 Of Regulating Newsboxes There is no fiscal impact associated with this action. /~. ~~ ~ James G. Ross Executive Director Public Works Agency 50A-2 (iXS t2izaios~ ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGULATING NEWSBOXES IN THE PUBLIC RIGHT OF WAY 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. Regulations of newsboxes in the public right of way have been in place since 1984. At that time, installation and location standards were adopted as part of the comprehensive newsbox ordinance. The Santa Ana Municipal Code relating to newsboxes is found in Chapter 33, Article V, and was last amended by Ordinance No. NS- 2248 adopted June 5, 1995. B. A newspaper publisher has requested a minor modification of our current newsbox standards in order to accommodate the display of two publications from a single newbox. C. Currently the code does not allow newsboxes that have a case dimension greater than thirty one and one half (31 ''/z) inches in height to be placed in the public right of way. D. Permitting a five (5) inch increase in case height dimensions will allow the placement of newboxes that accommodate two display windows in a single newsbox. E. Two display windows would allow the display of two publications. F. Changes to the definition of the term "newsbox" are also proposed in order to clarify the distinction between a newsbox and a case. G. No changes are proposed that would limit or hinder valid first amendment activity. H. 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 Ordinance No. NS-XXX 5U w _A Page 1 of 5 restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. Section 3. Section 33-151 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 33-151. Definitions. (a) Newsbox means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of any written or printed material, including but not limited to newspapers and news periodicals; except that cardboard, plywood or plastic boxes or crates and containers made of similar materials shall not constitute newsboxes. For purposes of this Article, a newsbox shall consist of a single pedestal and case as more specifically described in section 33-161 of this code. Section 4. Section 33-157 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 33-157. Placement. (a) Newsboxes shall only be placed near a wall or a building or adjacent to the property line. Newsboxes placed adjacent to the property line shall be placed parallel to such property line and not more than four (4) inches from the property line. Ordinance No. NS-XXX Page 2 of 5 50A-4 (b) No newsbox shall be placed on any parkway. ~^ ~•~~~"" ^^~' ~~~^ ""°°' ~^ ~'°^'". No placement of one (1) newsbox above another is permitted. (d) Every newsbox shall be installed on a single pedestal or up to four (4) may be installed horizontally on a multiple post which shall be securely anchored to the surface and shall be constructed, installed and maintained in a safe and secure condition, approved by the director. Section 5. Section 33-161 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 33-161. Standards. All newsboxes shall comply with the following standards: (1) Each newsbox case shall contain a plastic display window, a "^"^^`^' ° ^ '^^~'^~' ~'' '~ " 'f and an automatic coin return for those newsboxes which are coin operated. In the case of a newbox divided into two compartments, there shall be two display windows, one for each compartment. A newsbox shall not be divided in order to display more than two written or printed material. (2) Each case shall be reinforced with steel angles. (3) Each support frame shall be reinforced with angle iron. (4) Each support frame pedestal shall contain athree-inch to six-inch width steel tube having one-quarter-inch wall thickness. (5) Each support frame and pedestal shall be attached to a steel pad. (6) Case dimensions shall not exceed the following: Height.... 36 1/2 inches Length....20 1/2 inches Width....16 1/4 inches (7) Support frame dimensions shall not exceed the following: Ordinance No. NS-XXX 5U w _~ Page 3 of 5 Length....20 3/4 inches Width....16 1/4 inches Height....1 1/2 inches (8) Steel pad dimensions shall not exceed the following: Length and width....10 inches Thickness.... 3/16 inch (g) The height of the pedestal shall not exceed sixteen and one-half (16 1/2) inches. (10) The height of the entire newsbox shall not exceed fifty-two (52) inches. Section 6. 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 , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ordinance No. NS-XXX Page 4 of 5 50A-6 (name) City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX 50A_~ Page 5 of 5 50A-8 THIS PAGE INTENTIONALLY LEFT BLANK MATERIALS TO FOLLOW 50B-1 50B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-05 TO REZONE A PARCEL FROM PROFESSIONAL (P) TO SINGLE-FAMILY RESIDENCE (Rl) AT 1051 WEST THIRD STREET - PMR INC., APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Amendment Application No. 2006-05. PLANNING COMMISSION ACTION On November 27, 2006, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2006-05 by a vote of 5:0 (Benavides and Betancourt absent) to change the zoning designation from Professional (P) to Single-Family Residence (R1) in order to allow the construction of a single-family dwelling at 1051 West Third Street. The Planning Commission made no changes to the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. 1 Ja M. Trevino cutive Director Planning & Building Agency CR:rb cr\reporte\aa06-Oi cc 75A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 27, 2006 TITLE: PUBLIC HEARING - FILED BY PMR INC. FOR AMENDMENT APPLICATION NO. 2006-05 TO REZONE A PARCEL FROM PROFESSIONAL (P) TO SINGLE-FAMILY RESIDENCE (Rl) AT 1051 WEST THIRD STREET Prepared by Carlos Rodriguez Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Man er Recommend that the City Council adopt an ordinance approving Amendment Application No. 2006-05. DISCUSSION Request of Applicant Pacific Maintenance, Inc. is requesting approval of a zone change to change the zoning classification of an existing parcel to Single-Family Residence (Rl) at 1051 West Third Street. Property Description The subject site is a vacant parcel located on Third Street between Shelton Street and Flower Street. The lot is rectangular in shape and is 5,950 square feet in size. The property is bounded by multi-family residences and offices to the north, and single-family and multi-family residences to the south, east and west (Exhibits 1 and 2). The current zoning classification for the subject property is Professional (P) with a General Plan land use designation of Low Density Residential (LR-7). Project Description The applicant is proposing to construct a one-story, single-family residence with a detached two-car garage. The house will be approximately 1,451 square feet in size and includes four bedrooms, two baths and a den. The proposed exterior finishes include a composite wood siding, a front EXHIBIT A 75A-2 Amendment Application No. 2006-OS November 27, 2006 Page 2 porch with decorative columns, and wood trim around the single hung windows (Exhibits 3, 4, 5 and 6). The detached garage at the rear of the property is 427 square feet in size and matches the architectural features of the house. Analysis of the Issues The applicant is requesting approval of a zone change to allow a single family home. The subject site is located just west of the intersection of Flower and Third Streets. The land uses found along Third Street in the surrounding area consist of residential uses, government offices, and Angels Park. The pattern of residential uses on the block includes a mixture of single-family, two-family and multi-family residences. The zoning for the entire block is Professional (P), which allows office development. Section 41-680 of the Santa Ana Municipal Code (SANG) allows existing residential uses in the P zone to remain since they are legal nonconforming uses. Additionally, Section 41-681.4 (SANG) allows existing single-family and two-family residences located in a Professional (P) zoning district to add additional square footage to the structure; however, no new residential units can be added. The project site is located within the area in the City that permits bail bond businesses. Bail bond uses are permitted in the Professional (P) zone with an approved conditional use permit and must be within 2,000 feet of a jail facility. Additionally, a bail bonds use must be a minimum of 150 feet away from any property with a residential zoning designation. As proposed, the zone change to R1 will limit the area in which bail bonds may be located. Based on the City's data for existing bail bonds, the zone change will make one existing bail bond business nonconforming and would remove 17 properties as potential bail bond locations. Existing bail bonds without an approved conditional use permit are non- conforming and may continue to operate as long as the building does not go vacant for 12 consecutive months. After 12 months of vacancy, the bail bonds use would need to comply with all provisions of the City's zoning code. A conditional use permit would be required and all current development standards such as parking, landscaping, and building setbacks would need to be met. 75A-3 Amendment Application No. 2006-05 November 27, 2006 Page 3 The existing zoning and general plan designations for the subject property are inconsistent. The current general plan designation allows for the development of single-family residences while the zoning allows professional offices. As the General Plan for the City indicates this area as Low Density Residential (LR-7), the long range vision for the area encourages the development of single-family residential uses. Although current zoning would allow the construction a professional office, the inconsistency creates issues for property owners who are trying to use the General Plan as the guide for development. Policy 5.4 of the Land Use Element states that the City should support projects that are consistent with the General Plan designation. Policy 5.4 of the Land Use Element focuses on encouraging development that is compatible with and supportive of surrounding land uses. The entire Third Street block is zoned Professional and allows office development, including the conversion of residences into professional offices. However, the existing land uses on the block are comprised of residential uses. A professional office at the project site would be inconsistent with the pattern of development for this neighborhood. An office building at the subject site would be bounded by residential uses on all four sides and would break the continuity of residential structures for this section of Third Street. Policy 3.5 of the Land Use Element encourages development that is compatible in scale and consistent with the architectural style and character of the neighborhood. The proposed home has been designed to blend with the existing neighborhood. The new residence is designed with Craftsman style elements and blends with several of the existing homes on the block. Key features include siding, hung windows with wood trim, and a front porch with large columns. Additionally, the proposed garage is detached and located at the rear of the subject site to match the existing development pattern of the neighborhood. Therefore, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2006-05. 75A-4 Amendment Application No. 2006-05 November 27, 2006 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15332. This Class 32 exemption allows the construction of infill projects on sites less than five acres in size. Categorical Exemption No. 2006-26 will be filed for this project. 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M3N ~NI w ~ ~ ; ~ I~~~k zg m Q ~ "~ zi a a s ~ I ~~ N e;~'~ P ga .t_ : a. s . ae s ~ s ~ @S ~ 8~ 9 i es ~ ciao C~ ~ a ~~ ~ ~ e€~~ 5f4a c3 ~ 3 ~ GPs ~~~~ ~ „ ~ b~ SCg w~ m ~c P ~ aeF ~ 5 0o i~or-~ ~ c o00 z J a w a a U O Z Q J 6 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1051 WEST THIRD STREET FROM PROFESSIONAL (P) TO SINGLE-FAMILY RESIDENCE (R1) (AA NO. 2006-05) 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. Amendment Application No. 2006-05 has been filed with the City of Santa Ana to rezone the property located at 1051 West Third Street from Professional (P) to Single-Family Residence (R1). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on November 27, 2006 on Amendment Application No. 2006-05. The Planning Commission determined by a vote of 5:0 (Benavides and Betancourt absent) to recommend that the City Council adopt a resolution approving Amendment Application No. 2006-05. C. On January 16, 2007 the City Council held a duly noticed public hearing regarding the adoption of an ordinance approving Amendment Application No. 2006-05, to rezone the property located at 1051 West Third Street from Professional (P) to Single-Family Residence (R1). D. The existing zoning and general plan designations for the subject property are inconsistent. As the General Plan for the City indicates this area as Low Density Residential (LR-7), the long range vision for the area encourages the development of single-family residential uses. Additionally, the existing land uses on the block are comprised of residential uses. E. Policy 5.4 of the Land Use Element states that the City should support projects that are consistent with the General Plan designation. F. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the proposed Amendment Application No. 2006-05 to rezone property located at 1051 West Third Street from Professional (P) to Single-Family Residence (R1) bears a substantial and reasonable relationship to the public welfare. 75A-12 G. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the rezoning of 1051 West Third Street would be consistent with the appropriate planning and land use criteria. H. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15332. This Class 32 exemption allows the construction of infill projects on sites less than five acres in size. Categorical Exemption No. 2006-26 will be filed for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Amendment Application No. 2006-05. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated January 16, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The real property located at 1051 West Third Street in Santa Ana is hereby reclassified from Professional (P) to Single-Family Residence (R1). Amended Sectional District Map number 12-5-10 showing the above described change in zoning district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2006-05). Section 4. This Ordinance 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 Ordinance. ADOPTED this _ day of , 2007. Miguel A. Pulido Mayor 75A-13 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- 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-14 z3^J le~.,o SE`ENTEL ENTH~ L_D u u u v ~ ST• L_~,U Le-ss + 1 -sn n ® C1 s C s C1 ~ a C1 Ct C1 C5 ~Y ~ „6F SP i SP-3 I[ CS I SP-3 SP-3 - R7 R1 , R1 R1 q3- q3- R3- y w. 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C1 COMMUNITY COMMERCIAL M1 LIGHT INDUSTRIAL R2 PNO~FAMIIY RESIDENCE olsrFgr MnGOP WFCmoFSNlrA UU. C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M2 HEAW INDUSTRIAL R3 MULTIPLE~FAMILV RESIDENCE seurxox¢EOevcm couwli PESMV11d1 NO. a41 W, ~PiE~ x-161<, I C2 GENERAL COMMERCIAL MO MILITARY OPERATIONS R4 SUBURBAN APARTMEM AnssrwArwls MAPls Arxus C3 CENTRAL BUSINESS 0 OPEN SPACE RE RESIDENTIAL ESTATE MvrwTMEOxlsnusscrlorvu Dlsrxla w. i~s,a C3~A CENTRAL BUSINESS~ARTISTS'VILLAGE P PROFESSIONAL SD SPECIFIC DEVELOPMENT ~~ C4 PLANNED SHOPPING CENTER PCD PLANNED COMMUNTY DEVELOPMENT SP SPECIFIC PLAN Eaiuirnioncron CS ARTERIAL COMMERCIAL PD PLANNED DEVELOPMEM PuNrvwneulLOwwsxcr CR COMMERCIAL RESIDENTIAL PRD PLANNED RESIDENTIAL DEVELOPMENT uw,z Ewe uaNem oeu { _._ 6 ~9 N PAC65 , PES. xa NS3,~ NSSd NS1]Sa N633.~ NSx3i NSRSfl Pxtllp POOPiEO ¢9rE 4z1 B3 ]18& -,5-68 4JU9 APPflOVEO ~~ ~~ ~a ~~ w ~'i xE P „X OPD / ES O E PPPflOVEO PREPARED RV THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA N //1~ rl 1 V Q N A' ~ REVISED II-2406 75A-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2006-03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH NEW REGULATIONS FOR SUPERSTORE RETAIL ~~ USES ~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on ts' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve and adopt the Negative Declaration for Environmental Review No. 2006-74. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03. BACKGROUND On August 7, 2006, the City Council reviewed an ordinance for the regulation of Superstore retail uses. After discussion, a motion was made to continue the ordinance for 30 days. The motion failed, and another motion was made to place the ordinance on first reading and authorize its publication. This motion also failed by a vote of 2:4 (Solorio and Garcia in favor, Pulido absent). On January 2, 2007, the City Council requested that this ordinance, and associated environmental documents, be brought back for Public Hearing on January 16, 2007. PLANNING COMMISSION ACTION On July 24, 2006, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2006-74 and adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03 by a vote of 3:1 (Leo opposing, Gartner and Lutz absent) to amend Chapter 41 of the Santa Ana Municipal Code to establish new regulations for Superstore retail uses. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). 75B-1 Zoning Ordinance Amendment No. 2006-03 January 16, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Ja M. Trevino ecutive Director Planning & Building Agency HS:rb he\big box\zoa06-03.cc2 75B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 7, 2006 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT N0. 2006-03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH NEW REGULATIONS FOR SUPERSTORE RETAIL USES r , C./~____~ CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt the Negative Declaration for Environmental Review No. 2006-74. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03. PLANNING COMMISSION ACTION On July 24, 2006, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2006-74 and adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03 by a vote of 3:1 (Leo opposing, Gartner and Lutz absent) to amend Chapter 41 of the Santa Ana Municipal Code to establish new regulations for Superstore retail uses. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja M. Trevino E cutive Director Planning & Building Agency HS:rb hs\big_box\zoa06-03.cc 75B-3 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 24, 2006 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDME: NO. 2006-03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH NEW REGULATIONS FOR SUPERSTORE RETAIL USES 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 ~L Planni Manager 1. Approve and adopt the Negative Declaration for Environmental Review No. 2006-74. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03. DISCUSSION Background Numerous cities in California are adopting ordinances regulating "Superstore" retail stores due to the potential of local negative impacts. At City Council request, research was conducted and work study sessions held with the Planning Commission at its March 13, 2006 meeting and with the City Council at its March 20, 2006 meeting to discuss the potential of amending the Santa Ana Municipal Code (SANG) by adopting regulations for Superstore retail. Current provisions of SAMC do not address the potential impacts associated with these establishments. Analysis of the Issues Superstore retail establishments are a relatively recent trend in local economies and are not without controversy. Although there are several positive effects related to their presence, such as the generation of sales tax and employment, there are also concerns related to the environmental and economic impacts, such as business displacement, stemming from their operation. Concerns include increased traffic and air quality impacts, as well as the preservation of existing community commercial establishments that serve the local neighborhood. EXHIBIT A 75B-4 d Zoning Ordinance Amendment No. 2006-03 July 24, 2006 Page 2 Superstore retail is not conducive to a pedestrian environment due to typical bulk-type purchases, as well as the size of the building with the resulting size of the parking lot to accommodate the use. However, there are areas within the city that are well-suited to Superstore retail such as those areas located along arterial roads. There are several such businesses presently operating within the City's boundaries in commercial zones, and although the SAMC differentiates between various types of retail sectors (e.g., community commercial versus arterial commercial), it does not specifically address Superstore retail uses. Additionally, staff reviewed for context the "Shils Report" (1997) by Edward B. Shils, Ph.D., and "Impact of Big Box Grocers on Southern California" (1999) by the Orange County Business Council. These reports discuss the economic impacts associated with Superstores. The proposed ordinance defines Superstore retail as any retail use that utilizes 120,000 square feet or more of gross floor area (Exhibit 1), and uses more than 10 percent of sales floor area for non-taxable merchandise. "Sales floor area" is defined as interior space only devoted to the sales of merchandise and does not include restrooms, office space, storage space, automobile or personal service area, open-air retail or garden area, or restaurant area. Superstore retail shall be defined in SAMC Chapter 41. Parking requirements of 5:1000 for typical retail uses would also be applicable to Superstore retailers. To address the compatibility of Superstore retail with other nearby uses, it is proposed that it be conditionally permitted in C1, C2, C4 and C5 zones. Superstore retailers would not be a permitted use in the Central Business, Commercial-Museum District, Commercial South Main, Central Business-Artist Village or Residential Commercial zones where the unique retailer and pedestrian environment are essential to the purpose of the zone. This would allow the City to assess any potential impacts on a case-by-case basis. Additionally, the application will include an economic impact analysis report to examine the potential impacts on existing businesses in a three- mile buffer area. Any such report shall be completed by a pre-approved list of consultants selected by the City and funded by the applicant. Superstore retailers already in possession of a valid Certificate of Occupancy will not be subject to this new ordinance, if adopted. In concert with the City's economic development goals established by the City's Economic Development Element of the General Plan to maintain and enhance diversity of the local economic base, and Goals 1, 2 and 5 of the Land Use Element, it is recommended that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment 2006-03 (Exhibits 2 and 3). 75B-5 Zoning Ordinance Amendment No. 2006-03 July 24, 2006 Page 3 CEQA Compliance In accordance with the California Environmental Quality Act, Negative Declaration Environmental Review No. 2006-74 has been prepared for this project (Exhibit 4). Q~ Hally So leske Associate Planner HS:jm hsAbig_box\zoa06-03.pc 75B-6 bk/7-20-06 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 41-27.5, 41-646.5, 41-1361, AND AMENDING SECTIONS 41- 365.5, 41-377.5, 41-412.5 AND 41-424.5 OF THE SANTA ANA MUNICPAL CODE RELATING TO THE DEVELOPMENT OF SUPERSTORES 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. [Findings to follow after public hearing.] Section 2. Section 41-27.5 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-27.5. Superstore. A Superstore is any retail use that sells from the premises goods and merchandise, primarily for personal and household use, and whose total interior space exceeds 120,000 square feet, and which devotes more than ten percent (10%) of its total interior space to the sale of merchandise which are not subject to State sales tax. For purposes of determining total interior space, restrooms, office space, storage space, and service areas (e.g., automobile service, doctor or dental service, or restaurant/fast food service) shall be excluded, but the aggregate space of adjacent stores that share common check stands, management, operation, controlling ownership, or warehouse or distribution facilitates shall be included. Section 3. Section 41-365.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Ordinance No. NS-XXX ~I~1 Page 1 of 8 Sec. 41-365.5. Uses subject to a conditional use permit in the C1 district. The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit: (a) Clubs. (b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift shops, purchase and loan, pawn shops. (e) Eating establishments with drive-through window service. (f) Eating establishments open at any time between the hours of 12:00 a.m. 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. (g) Laundromats, subject to the development and performance standards set forth in section 41-199. (h) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (i) Check cashing facilities, as defined by section 41-42.7 of this Code. Q) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (k) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (I) Adult day care facilities. (m) Superstores. Section 4. Section 41-377.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Ordinance No. NS-XXX Page 2 of 8 75B-8 Sec. 41-377.5. Uses subject to a conditional use permit in the C2 district. The following uses may be permitted in the C2 district subject to the issuance of a conditional use permit: (a) Any use which may be permitted subject to the issuance of a conditional use permit in the C1 district pursuant to section 41-365.5. (b) Open-air car washes. (c) Trailer parks and camps. (d) Thrift shops, food distribution centers, and counselling service establishments operated by nonprofit or government-subsidized organizations or by public agencies. (e) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (f) Superstores. Section 5. Section 41-412.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Sec. 41-412.5. Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. 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. Ordinance No. NS-XXX 75B-9 Page 3 of S (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (g) Check cashing facilities, as defined by section 41-42.7 of this Code. (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) Adult day care facilities. (k) Superstores. Section 6. Section 41-424.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Sec. 41-424.5. Uses subject to a conditional use permit in the C5 district. The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) Hospitals. (d) Public utility structures, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. Ordinance No. NS-XXX Page 4 of 8 ~ ~ ~ _ ~ O (f) Service stations and automobile servicing. (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (j) Eating establishments open at any time between the hours of 12:00 a.m. 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. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. (I) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (m) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (o) Adult day care facilities. (p) Superstores. Section 7. Section 41-646.5 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-646.5. Findings for Conditional Use Permits related to Superstores. a. Findings. In making the findings otherwise required by this article for approval of a conditional use permit, prior to approval of a Superstore the Planning Commission or City Council, as appropriate, may take into consideration of all economic benefits and costs to the city, and as relevant, the region, of the proposed use based upon information Ordinance No. NS-XXX 75B-1 ~ Page5of8 contained in an economic impact analysis, as provided below, and any additional information submitted by staff or the public. b. Procedure. An application fora conditional use permit for a Superstore shall follow the procedures otherwise required by this chapter, and in addition the applicant shall prepare and submit an economic impact analysis report as defined herein. The analysis, at a minimum, shall identify the benefits and costs to the city of the proposed Superstore on grocery or retail shopping centers within athree-mile radius. The city manager or designee (i) shall approve in advance the individual or firm preparing the report; which approval may, at the city's option, be satisfied by use of an individual or firm identified on apre-approved list; and (ii) such list may designate additional information on benefits and cost that shall be included in the analysis. Section 8. Section 41-1361 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1361. Superstores. The minimum off-street parking required for Superstores is one (1) space for each two hundred (200) square feet of gross floor area. Section 9. No Superstore which is legally operating in the city as of the effective date of this ordinance shall be affected by the adoption of this ordinance, unless it loses its legal nonconforming status pursuant to the provisions of Article VI of Chapter 41 of the Code. Section 10. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. 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 Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. 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 negative declaration for Environmental Review No. 2006-74 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 Ordinance No. NS-XXX Page 6 of 8 75B-12 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. ADOPTED this day of 2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXX 7 ~ ~ _ ~ ~ Page 7 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page8of8 ~~~_~ w i ~~ ECONOMIC DEVELOPMENT ELEMENT The goals and policies presented by the Element offer the framework for the ROLICY PLAN Policy Plan and the Implementation Plan. The following list of goals and policies has evolved along with the demographic and business characteristics of the community since adoption of the current General Plan sixteen (16) years ago. Economic Development Goals Goal 1 Increase employment opportunities for local residents. Goal 2 Maintain and enhance the diversity of the City's economic base. Goal 3 Increase Santa Ana's share of the regional economy. Goal4 Expand the tax base of local government to improve and maintain the level of public services. Goal 5 Promote a "business friendly" atmosphere by keeping taxes and fees at a fair level competitive with those of comparable communities, and by assisting desirable business growth. Goal 6 Establish numerical benchmarks for measuring the success of economic development program activities, as well as analyzing various economic trends. The City's first industrial zonin district was created in 1953 on Harbor Boulevard on property owned by the Segerstrom family. ~1'v`-T1~5 LAND USE ELEMENT Land Use Policies Goal 1.0 Promote a balance of land uses to address basic community needs. Policy 1.1 Promote medium density housing in and around the downtown area. Policy 1.2 Support high density residential development within the City's District Centers as a part of master-planned mixed use development. Policy 1.3 Encourage high intensity office development to attract major tenants that will contribute to cultural and business activities of the central city. Policy 1.4 Support development ofsingle-family residential lots on a minimum area of at least 6,000 square feet. Policy 1.5 Maintain and foster a variety of residential land uses in the City. Policy 1.6 Support "live/work" opportunities within specifically defined areas. Policy 1.7 Support open space in under served areas. Policy 1.8 Encourage the development of commercial and nonprofit recreational facilities and services. Policy 1.9 Coordinate street and parkway designs that are attractive, functional, and compatible with adjacent on- site development. Policy 1.10 Encourage the location of commercial centers at arterial roadway intersections in commercial districts. Policy 1.11 Support the location of regional governmental facilities in the downtown and Civic Center areas. 1136 LAND USE ELEMENT Goal 2.0 Promote land uses which enhance the City's economic and. fiscal viability. Policy 2.1 Discourage the intrusion of commercial land uses in industrial areas. Policy 2.2 Support commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Policy 2.3 Encourage the location of child care facilities within employment centers. Policy 2.4 Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity. Policy 2.5 Balance the economic and fiscal benefits of commercial development with its impacts on the quality of life in the The comer ofFOUrth Street C ~ and Main Street was the ' ' first commercial lot sold in the city (the lot sold for Policy 2.6 Encourage the creation of new employment opportunities $t 5'0°x' in developments which are compatible with surrounding land uses, and provide a net community benefit. Policy 2.7 Support projects that contribute to the redevelopment and revitalization of the central city urban areas. Policy 2.8 Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Policy 2.9 Support developments that create a business environment that is safe and attractive. Policy 2.10 Support new development which is harmonious in scale and character with existing development in the area. Policy 2.11 Create Class A office space suitable for acquisition of major, high profile tenant in the Downtown Development Area. Policy 2.12 ,Encourage large-scale office development with ancillary retail in the proximity of the Civic Center Complex, Downtown and Midtown urban areas. 75317 i~ I~ I~ i~ LAND USE ELEMENT Goal 5.0 Ensure that the impacts of development are mitigated. Policy 5.1 Promote development which has a net community benefit, and enhances the quality of life. Policy 5.2 Protect the community from incompatible land uses. Policy 5.3 Minimize the impact of future right-of-way expansion on existing development and neighborhoods through the use of transportation system management programs and traffic demand management to relieve traffic congestion. Policy 5.4 Support land uses which are consistent with the Land Use Plan of the Land Use Element. Policy 5.5 Encourage development which is compatible with, and supportive of surrounding land uses. Policy 5.6 Discourage access to commercial and industrial areas by way of residential streets. Policy 5.7 Anticipate that the intensity of new development will not exceed available infrastructure capacity. Policy 5.S Encourage the placement of educational facilities in close proximity to public parks. Policy 5.9 Encourage development which provides a clean and safe environment for the City's residents, workers, and visitors. Policy 5.10 Support a circulation system which is responsive to the needs of pedestrians and vehicular travel. Policy 5.11 Encourage development which does not generate obnoxious fumes, toxins, or hazardous materials. Policy 5.12 Provide appropriate permanent measures to reduce storm water pollutant loads in storm water from a development site. 7518 REQUEST The proposed project is a request to amend the City of Santa Ana Municipal Code to establish an ordinance to define and regulate "Big Box" retail uses. PROJECT DESCRIPTION The proposed amendment to the Municipal Code would establish a definition and regulations for the operation of "Big Box" retail uses. The regulations would establish location criteria as a conditionally permitted use. Below are the standards for the proposed bail bonds ordinance. "Big Box" Retail Use Proposed Regulations Item Recommendation Definition Big Box retail store shall mean any retail use that utilizes gross floor area of 120,OOOsf or more) Zones Permitted Cl, C2, C4 and CS with a Conditional Use Permit Pazkin Retail use: 5:1000 O erational Standards Standazds a 1 for all new retail uses laz er that 12QOOOsf Typical Conditions of A royal Focus on impacts on case by case basis Nonconformance Grandfather only those businesses that were legally operating at the time of the ordinance. RESPONSES TO ENVIRONMENTAL CHECKLIST The following is an analysis of potential environmental impacts associated with the proposed amendment to the Municipal Code to establish an ordinance to regulate Big Box retail uses. 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 B. Damage scenic resources, including trees, rock outpourings and historic State highway? scenic vista? but not limited buildings within to a IT14~ 8 No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in adverse impacts to any scenic vista, or scenic resource, in that future Big Box retail uses implemented under the proposed ordinance would not be located in areas that contain scenic vistas. Additionally, Big Box retail uses would not be located within State Highways. C. Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not degrade the visual character of the City, in that the proposed ordinance would establish criteria to help minimize potential visual impacts associated with location and operation of Big Box retail uses. Through the conditional use permit process, proposed Big Box retail uses would be subject to site plan review to ensure compliance with the standards established in the proposed ordinance as well as evaluated for potential aesthetic impacts. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No Impact The proposed amendment to the Municipal Code to regulate Big Box retail uses would not introduce substantial amounts of new light and glare impacts, in that the proposed ordinance would establish criteria to regulate onsite lighting. Additionally, Big Box retail uses permitted under the proposed ordinance would typically be located in areas with onsite or nearby street lighting. 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? 7~~s20 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-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 regulate Big Box retail uses would not result in impacts to agriculture resources, in that the proposed ordinance would not permit Big Box retail uses in areas that contain Prime Farmlands or Unique Farmlands. I22. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact 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. The proposed amendment to the Municipal Code to regulate Big Box retail uses would not have any effect on the growth projections in the City's General Plan. Therefore, approval of the proposed ordinance would not be in conflict with the South Coast AQMP. 8. 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~~i,g21 D. Expose Sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in any short-term construction related or long- term operational air quality impacts or odor impacts, in that approval of the proposed ordinance would not involve any activities that would emit long-term or short-term air quality emissions or odor pollutants. Through the conditional use permit process future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential long-term and short-term air quality impacts and odor impacts. I22. 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 an ordinance for the regulation of Big Box retail uses would not result in any adverse impacts to any sensitive biological resources, in that 7~~,g22 the proposed ordinance would not be permit Big Box retail uses in areas that contain sensitive biological resources. IV. CULTURAL 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 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 known to contain known cultural resources. Additionally, according to the General Plan Land Use Element EIR there is high probability that unknown cultural resources may exist in the City. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in impacts to any cultural resource, in that approval of the proposed ordinance would not involve any activities that would disturb known or unknown cultural resources. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential impacts to known and unknown cultural resources. 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, 7 a~i,$23 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 an ordinance for the regulation of Big Box retail uses would not increase the potential for seismic impacts, and liquefaction impacts, in that the approval of proposed ordinance would not involve the development of any structures that would be subject to seismic shaking impacts or liquefaction hazards. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential seismic risks. 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 an ordinance for the regulation of Big Box retail uses would not result in or increase the potential for soil erosion or sedimentation impacts, in that the approval of the proposed ordinance would not involve any activities that would disturb soils. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential soil erosion impacts and would be subject to the City's erosion control requirements. 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 an ordinance for the regulation of Big Box retail uses 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 75~i,$24 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 an ordinance for the regulation of Big Box retail uses would not involve the construction of any structures that would be subject to geotechnical constraints. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential soil constraints. Additionally, future Sig Box retail uses implemented under the proposed ordinance would be required to use sewer systems. V2. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? 8. 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 an ordinance for the regulation of Big Box retail uses 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. Future Big Box retail uses implemented under the proposed ordinance could involve the handling of incidental amounts of hazardous materials such as paints and solvents. However, the 7~~i,g25 Big Box retail uses would be subject to local, state and federal regulations regarding the handing 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. 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. VI2. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? 2. 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. 7~~,~26 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 an ordinance for the regulation of Big Box retail uses 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. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. 8. 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 66~ 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 an ordinance for the regulation of Big Box retail uses 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 75~~,~27 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 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 an ordinance for the regulation of Big Box retail uses would not alter existing drainage patterns or increase existing rates of surface water runoff, in that approval of the proposed ordinance would not introduce additional impervious surfaces or involve the development of any activities that would impact existing drainage patterns. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential drainage impacts. 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? 7~~8 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 an ordinance for the regulation of Big Box retail uses would not facilitate development 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 channels and by the removal of groundcover, which leaves the soil exposed. Approval of the proposed ordinance would not result in erosion impacts, in that the proposed amendments would not involve any construction activities that would disturb or uncover soils to facilitate erosion impacts. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance 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 75,E3~29 that convey drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could adversely impact sensitive marine resources. Approval of the proposed ordinance would not result in any activities that would discharge pollutants into sensitive downstream marine resources. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance 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 The proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would provide location criteria and operational standards to ensure that Big Box retail uses would not encroach into or physically divide any established communities or neighborhoods in Santa Ana. No adverse land use impacts would be associated with the approval of the proposed ordinance. 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? No Impact The proposed project would amend the City's Municipal Code by establishing an ordinance that provides criteria for the location and operation of Big Box retail uses. Approval of the proposed ordinance would not be in conflict with the City's General Plan or any other relevant planning program in the City. 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 would not be in 7~®re30 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 Mineral Aggregate Resource Areas. Therefore, approval of the proposed ordinance 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. No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses 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 or short term construction related noise impacts. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential noise impacts and would be subject to the City's noise standards. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of 7~~3,~31 a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact 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 to establish an ordinance for the regulation of Big Box retail uses would not facilitate development within areas impacted with aircraft noise. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential aircraft noise impacts and would be subject to the City's noise standards. XI. POPULATION/HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. 8. 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 an ordinance for the regulation of Big Box retail uses would not induce substantial growth in the City or displace substantial numbers of existing housing or population, in that approval of the proposed ordinance would not involve any activities that would generate additional population or displaces homes and/or population. XI2. PUBLIC SERVICES Fire Protection, Police Protection, Schools, Parks, Other Public Facilities No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not increase the demand for additional public services 7~d,~r~2 over current levels of service being provided in the City, in that the approval of the proposed ordinance would not involve any activities that would substantially increase the demands for public services. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential public service impacts. XI22. 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. No Impact Approval of the proposed ordinance would not increase the use of any recreational facilities or result in the significant need for additional recreational facilities, in that the proposed ordinance would not involve any activities that would increase the demands for recreational facilities. No adverse impacts to recreation facilities would be associated with the approval of proposed ordinance. 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? 8. 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. Result in inadequate emergency access F. Result in inadequate parking capacity G. Conflict with adopted policies supporting alternative transportation 7~E3,~33 No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not have an impact on traffic volumes, roadway configurations, parking capacities, emergency access or level of services established in the County of Orange Congestion Management Plan, in that the proposed ordinance would not involve any activities that would generate additional traffic or parking needs. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential traffic, circulation and parking impacts. XV. UTILITIES/SERVICE SYSTEMS A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 8. 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 an ordinance for the regulation of Big Box retail uses would not increase the demand for additional utilities and service systems over current levels of service being provided in the City, in that the proposed ordinance would not involve any activities that would increase the demands for utility systems. 7a~i~~4 Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential impacts to utility service systems. 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. No Impact The proposed ordinance would not have a direct impact on any plant or wildlife species or historical property in Santa Ana, in that the proposed ordinance would not involve any activities that would impact plant, wildlife or historic resources or degrade the quality of the environment. B. Does the project have impacts that are individually limited but cumulatively considerable? No Impact Approval of the proposed ordinance would not result in any significant cumulative impacts, in that the proposed ordinance would not involve any activities that would result in cumulative impacts to the environment. 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 ordinance would not cause any substantial adverse effects on human beings, in that the proposed ordinance would not involve any activities that would result in adverse effects to human beings or the environment. XVIII. DETERMINATION 7535 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 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 XX. PREPARER Rally Soboleske, Assistant Planner II, City of Santa Ana 75~s36 bk/8-01-06 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 41-27.5, 41-646.5, 41-1361, AND AMENDING SECTIONS 41- 365.5, 41-377.5, 41-412.5 AND 41-424.5 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE DEVELOPMENT OF SUPER STORES 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. Numerous studies and published court opinions have determined that the establishment of a superstore, as defined herein, in a community offers unique challenges and special concerns to the residents of that community. Such studies and opinions include: 1. "The Potential Economic and Fiscal Impacts of Supercenters in San Diego: A Critical Analysis" (2000) published by the San Diego County Taxpayers Association. 2. "The Impact of Big Box Grocers on Southern California: Jobs, Wages and Municipal Finance" (1999) published by the Orange County Business Council. 3. "The Potential Impact of Big Box Stores in New York City" (2005) prepared by New York City Economic Development Committee 4. "Measuring the Economic and Sociological Impact of the Mega-Retail Discount Chains on Small Enterprise in Urban, Suburban and Rural Communities" (aka "The Shils Report") (1997) published by The Wharton School, University of Pennsylvania. 5. Wal-Mart Stores, Inc., et. al. v. City of Turlock, 138 Cal. App. 4th 273, 41 Cal. Rptr. 3d 420 (2006), review denied 2006 Cal. LEXIS 8623, 2006 D.A.R. 9169 (July 12, 2006). Ordinance No. NS-XXX Page 1 of 75B-37 6. Wal-Mart Stores, Inc., etc., et al. v. City of Turlock, 2006 U.S. Dist. LEXIS 47924 (E.D. Cal. 2006). 7. "California Responses to Supercenter Development: A Survey of Ordinances, Cases and Elections" (2004) published by Public Law Research Institute at Hastings College of the Law. 8. "Regulating Discount Superstores: Ordinances Restricting Big Box Retailers with Grocery Departments' (2004) presented at the League of California Cities Annual Conference. These reports, studies and cases, true and correct copies of which are on file with the Executive Director of the Planning and Building Agency, are incorporated herein as though fully set forth. B. In adopting this ordinance, the City Council expressly relies upon and incorporates herein the findings, conclusions and opinions set forth in the reports, studies and cases included above. C. The City's General Plan, including but not limited to Goal Number 2.0 of the Economic Development Element, and Goal Numbers 1.0, 2.0 and 5.0 of the Land Use Element, provides for maintenance of and enhancement of the City's economic base by promoting a balance of land uses designed to address community needs and which enhance the City's economic and fiscal viability by, in part ensuring that impacts of development in the City are fully mitigated. D. Adoption of this ordinance is in furtherance and implementation of the City's General Plan. E. It is advisable and necessary that Chapter 41 of the City's Code be amended to regulate superstores appropriately and to afford them adequate review. F. It is the intent of the City Council that superstores proposed to be established in Special Development Districts in the City which permit retail land uses be subject to similar review as that provided for herein. G. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Ordinance No. NS-XXX Page 2 of 75B-38 Section 2. Section 41-27.5 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-27.5. Superstore. A Superstore is any retail use that sells from the premises goods and merchandise, primarily for personal and household use, and whose total interior space exceeds 120,000 square feet, and which devotes more than ten percent (10%) of its total interior space to the sale of merchandise which are not subject to State sales tax. For purposes of determining the total interior space, restrooms, office space, storage space, and service areas (e.g., automobile service, doctor or dental service, or restaurant/fast food service) shall be excluded, but the aggregate space of adjacent stores that share common check stands, management, operation, controlling ownership, or warehouse or distribution facilitates shall be included. Section 3. Section 41-365.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Sec. 41-365.5. Uses subject to a conditional use permit in the C1 district. The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit: (a) Clubs. (b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift shops, purchase and loan, pawn shops. (e) Eating establishments with drive-through window service. (f) Eating establishments open at any time between the hours of 12:00 a.m. 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. Ordinance No. NS-XXX Page 3 of 75B-39 (g) Laundromats, subject to the development and performance standards set forth in section 41-199. (h) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (i) Check cashing facilities, as defined by section 41-42.7 of this Code. Q) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (k) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (I) Adult day care facilities. (m) Superstores. Section 4. Section 41-377.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Sec. 41-377.5. Uses subject to a conditional use permit in the C2 district. The following uses may be permitted in the C2 district subject to the issuance of a conditional use permit: (a) Any use which may be permitted subject to the issuance of a conditional use permit in the C1 district pursuant to section 41-365.5. (b) Open-air car washes. (c) Trailer parks and camps. (d) Thrift shops, food distribution centers, and counselling service establishments operated by nonprofit or government-subsidized organizations or by public agencies. (e) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (f) Superstores. Ordinance No. NS-XXX Page 4 of 75B-40 Section 5. Section 41-412.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Sec. 41-412.5. Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. 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. (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (g) Check cashing facilities, as defined by section 41-42.7 of this Code. (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) Adult day care facilities. (k) Superstores. Ordinance No. NS-XXX Page 5 of 75B-41 Section 6. Section 41-424.5 of the Santa Ana Municipal Code is hereby amended to add Superstores as a permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Sec. 41-424.5. Uses subject to a conditional use permit in the C5 district. The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) Hospitals. (d) Public utility structures, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. (f) Service stations and automobile servicing. (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. Q) Eating establishments open at any time between the hours of 12:00 a.m. 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. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. (I) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. Ordinance No. NS-XXX Page 6 of 75B-42 (m) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (o) Adult day care facilities. (p) Superstores. Section 7. Section 41-646.5 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-646.5. Findings for Conditional Use Permits related to Superstores. a. Additional Findings. In making the findings otherwise required by this article for approval of a conditional use permit, prior to approval of a Superstore the Planning Commission or City Council, as appropriate take into consideration of all economic benefits and costs to the city, and as relevant, the region, of the proposed use based upon information contained in an economic impact analysis, as provided below, and any additional information submitted by staff or the public. b. Procedure. An application fora conditional use permit for a Superstore shall follow the procedures otherwise required by this chapter, and in addition the applicant shall prepare and submit an economic impact analysis report as defined herein. The analysis, at a minimum, shall identify the benefits and costs to the city of the proposed Superstore on grocery or retail shopping centers within athree-mile radius. The city manager or designee (i) shall approve in advance the individual or firm preparing the report; which approval may, at the city's option, be satisfied by use of an individual or firm identified on apre-approved list; and (ii) such list may designate additional information on benefits and cost that shall be included in the analysis. Section 8. Section 41-1361 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1361. Superstores. The minimum off-street parking required for Superstores is one (1) space for each two hundred (200) square feet of gross floor area. Ordinance No. NS-XXX Page 7 of 75B-43 Section 9. No Superstore which is legally operating in the city as of the effective date of this ordinance shall be affected by the adoption of this ordinance, unless it loses its legal nonconforming status pursuant to the provisions of Article VI of Chapter 41 of the Code. Section 10. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. 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 Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. 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 negative declaration for Environmental Review No. 2006-74 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 wnsidering 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 11. 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. Ordinance No. NS-XXX Page 8 of 75B-44 ADOPTED this day of , 2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 9 of 75B-45 75B-46