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HomeMy WebLinkAbout FULL PACKET_2007-03-05JS/JWF (2/15/07) ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 2- 325, 2-450 AND 2-451 OF THE SANTA ANA MUNICPAL CODE MODIFYING THE APPOINTMENT PROCESS AND QUALIFICATIONS FOR MEMBERSHIP ON THE YOUTH COMMISSION. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council believes it is important that the Youth Commission members represent a broad cross-section of the youth population of the City. The Council also desires to increase the experience level of the members and to foster greater continuity of membership on the Commission. B. In order to accomplish the above stated goals, the Council desires to amend section 2-451 of the Municipal Code to set different age limit of alternate members of the Commission to permits students up to 20 years of age to serve, to provide for City Council appointment of associate members, and to provide compensation for associate members. C. 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. Section 2. Section 2-450 of the Santa Ana Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS-XXX Page 1 of 4 11 A-1 Sec. 2-450. Commission established; composition. There is hereby created and established a youth commission for the City of Santa Ana, having such powers as set forth in this division. The youth commission shall consist of seven (7) regular members, seven (7) alternate members, and seven (7) associate members, who shall be subject to appointment and removal in accordance with section 901 of the Charter of the City of Santa Ana. The alternate members shall serve on the commission in the absence of any regular member. Section 3. Section 2-451 of the Santa Ana Municipal Code is hereby amended to read as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 2-451. Requirements of Membership. Each member of the youth commission shall be a student enrolled and attending school, as well as a resident of the City of Santa Ana. Regular members shall be ages 16 to 20. Alternate members shall be ages 14 to 18.Associate members shall be ages 11 to14. Should any member cease to reside within the City of Santa Ana, cease to be a student enrolled and attending a school, or exceed the age limit for their respective class of membership, his/her office shall automatically be vacated. All prospective members under the age of 18 shall provide written proof of parental or guardian permission to qualify for appointment. Section 4. Section 2-325 Q) of the Santa Ana Municipal Code is hereby amended to read as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 2-325. Compensation for members of boards, commissions. The members of the following boards and commissions of the city shall receive the compensation as set forth herein: (a) Community Redevelopment and Housing Commission, fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (b) Personnel Board, fifty dollars ($50.00) per meeting. (c) Planning Commission, fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance. (d) Historic Resources Commission, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. Ordinance No. NS-XXX Page 2 of 4 11 A-2 (e) Board of Recreation and Parks, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (f) Human Relations Commission, fifty dollars ($50.00) per meeting, twenty-four (24) meetings maximum, annually. (g) Library Board, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (h) Environmental and Transportation Advisory Committee, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (i) Youth Commission, twenty-five dollars ($25.00) per meeting for each regular member; ten dollars ($10.00) per meeting for each alternate and associate; one (1) meeting per month, three (3) special meetings maximum per year. An alternate serving in place of a regular member due to regular member's absence shall be compensated at the rate of twenty-five dollars ($25.00) per meeting. (j) Early Prevention and Intervention Commission, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2007 Miguel A. Pulido Mayor Ordinance No. NS-XXX Page 3 of 4 11 A-3 APPROVED AS TO FORM: Joseph W. Fletcher, 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 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 4 of 4 11 A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 5, 2007 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING SANTA ANA'S FOCUSED ENFORCEMENT TEAM GRANT FUNDING CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve an Appropriation Adjustment recognizing the Office of Emergency Services Grant funds in the amount of $95,701 and transferring the required matching funds of $31,900 from the Police Department Crimes Against Persons Other Contractual Services Account to appropriate a total amount of $127,601 into the FY 2007 Santa Ana's Focused Enforcement Team Grant expenditure accounts. 2. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the Office of Emergency Services (OES). 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Community Services Program Inc., Family Violence Victim Services, to operate a domestic violence victim advocacy program for a one-year term in an amount not to exceed $59,290. DISCUSSION The California Office of Emergency Services has awarded the Police Department grant funding in the amount of $95,701 for the Santa Ana's Focused Enforcement Team (SAFE-Team) project. This fourth year funding provides for the assignment of an additional domestic violence investigator and a full-time victim advocate to handle cases of domestic violence, sexual assault, and stalking. The Police Department works in a collaborative effort with Community Services Program, Inc. to provide additional personnel to work with victims of domestic violence and violence against women in general. The grant will continue to fund the Victim Information and Notification Everyday (VINE) system, which is located in the Police Department Jail facility. The VINE system allows the victims of domestic violence to call the jail and receive information on inmate release or status. 20A-1 SAFE-Team Grant March 5, 2007 Page 2 The funding provides for training of law enforcement personnel in domestic violence. A portion of the grant funds will be used to maintain police apprehension and suppression teams for domestic violence offenders on an overtime basis. The grant requires a match of twenty-five percent of the total project amount. FISCAL IMPACT Approval of the appropriation adjustment will increase the OES SAFE-Team Grant FY 2007 revenue account (account no. 155-01-5367-4) by $95,701, transfer $31,900 from the Police Department Crimes Against Persons Other Contractual Services Account (account no. 011-341-6291), and appropriate same into the OES SAFE-Team Grant FY 2007 expenditure accounts (account no. 155-360-various). APPROVED AS TO FUNDS AND ACCOUNTS: r 1 Paul M. Walters ~~rancisco Gutierrez ~~,~ Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 20A-2 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE OFFICE OF EMERGENCY SERVICES 2/22/071ss BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The California Office of Emergency Services has awarded to the Santa Ana Police Department, grant funds in the amount of $95,701, to operate Santa Ana's Focused Enforcement Team project. B. This funding provides for the assignment of an additional domestic violence investigator and afull-time victim advocate to handle cases of domestic violence, sexual assault and stalking. C. The grant also will continue to provide a Victim Information and Notification Everyday (VINE) system to allow victims of domestic violence to call and receive information on inmate release or status, provide training of law enforcement personnel in domestic violence, and maintain police apprehension and suppression teams for domestic violence offenders. D. The grant requires matching funds of twenty-five percent. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs The Chief of Police or his designee to execute the grant award agreement with the Office of Emergency Services. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2007. Miguel A. Pulido Mayor 20A-3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy 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 20A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MARCH 5, 2007 TITLE: CONTRACT AWARD FOR HAZARDOUS WASTE DISPOSAL SERVICES (SPEC. NO. 07-006) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CITY ANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to Clean Harbors Environmental Service, Inc., for hazardous waste disposal services for a one-year period, with provision for two, one-year renewals in an annual amount not to exceed $50,000. DISCUSSION During operations where materials such as paint, fuel and solvents are used, hazardous waste material is generated. The waste materials are processed through Central Stores for pick up at the Corporate Yard. Compliance with Environmental Protection Agency regulations requires that an authorized hazardous waste disposal service transport the hazardous materials to an authorized disposal, treatment, or storage facility within 90 days. The notice inviting bids was advertised on January 10 and 12, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 10 Invitations For Bid mailed 2 Invitations For Bid mailed to Santa Ana vendors 7 Bid received 1 Bid received from a Santa Ana vendor Bids were received, opened on January 24, The bid received from Clean Harbors responsive to the specification and meet amounts indicated in the bids reflect evaluation of pricing only. They are not may be spent next year. 2007, and evaluated (Exhibit 1) . Environmental Service, Inc. is s the City's requirements. The selected services needed for representative of the amount that 22A-1 Contract Award for Hazardous Waste Disposal Services March 5, 2007 Page 2 FISCAL IMPACT Funds are available in the City Yard Operations Fund Other Contractual Services account (account no. 85-107-6291) and in the various departmental Other Contractual Services accounts (object code 6291). ~.,, Francisco Gutierrez o~Executive Director G~} Finance and Management Services Agency FG/WO/07-006.2:uc 22A-2 Abstract of Bids Contract Award for Hazardous Waste Disposal Services (Spec. No. 07-006) Vendor Location Price Comparison/ Evaluation Cost Vendor Location 1% Local Vendor Preference Price Comparison/ Evaluation Cost Clean Harbors General Environmental Romic Environmental Environmental Recovery Environmental Service, Inc. Management, Services, Inc. Technologies Inc. Corporation Wilmington Pomona Signal Hill ~ Irwindale $15,389.99 x$20,967.00 x$22,615.90 ~ $23,711.66 Filter California United Pumping Recycling Hazardous Service, Inc. Services, Inc. Services, Inc. Rialto Santa Ana Industry $23,729.48 $34,858.60 -($ 348.58) $34,510.02 EXHIBIT 1 22A-3 $39,728.28 22A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 05, 2007 TITLE: AGREEMENT WITH NEW CINGULAR WIRELESS NATIONAL ACCOUNTS FOR WIRELESS SERVICES AND EQUIPMENT .~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager to sign a participating addendum with New Cingular Wireless National Accounts, LLC under a master agreement with the Western States Contracting Alliance for wireless communications service and equipment for a period beginning January 1, 2007 to December 31, 2010 in an amount not to exceed $350,000 per year. DISCUSSION The Police Department currently employs wireless data communications from Cingular Wireless to link officers in the field with computerized systems. These systems allow officers to obtain critical information faster and in visual format which greatly assists them in the performance of their duties. The wireless links also enable field-based officers to submit reports and other administrative documentation without leaving the field. This aids the productivity patrol/policing activities. The Fire Department is in the process of implementing a wireless data based system to communicate with its vehicles in the field. Other City Agencies including Planning and Building, and Community Development, employ wireless data communications to improve the delivery of services to the community. To provide wireless data communications, the City utilizes services from New Cingular Wireless National Accounts LLC under an agreement through the Western States Contracting Alliance (WSCA) This agreement has just been re-competed and negotiated as of December 2006. As a member, the State of California extends eligibility to join to cities in the state. This contract with New Cingular Wireless National Accounts LLC provides extremely competitive pricing with protections on future price increases. The City may terminate at any time, without penalty, with 30 days notice. 25A-1 Wireless Data Services and Equipment March 05, 2007 Page 2 FISCAL IMPACT Funds are budgeted and are available in the Communication Services Internal Service Fund account for contractual services (account no. 102- 171-6291). \. ~, ~ Francisco Gutierrez Executive Director Finance & Management Services Agency 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 5, 2007 TITLE: RENEW AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR ADULT CROSSING GUARD PROGRAM CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to renew the agreement with All City Management Services, Inc. for the Adult Crossing Guard Program for an additional one- year term, in an annual amount not to exceed $894,447. DISCUSSION On January 18, 2005, Council approved a one-year agreement with All City Management Services, Inc. (ALMS) to staff the Adult Crossing Guard Program per the requirements specified in a Request For Proposals. The original agreement included provisions for two one-year renewals and Council approved the first renewal on February 6, 2006. The Adult Crossing Guard Program ensures safe pedestrian movement of children around elementary schools within Santa Ana. The Police Department's evaluation over the past two years has determined that ACMS has met all the requirements of the agreement. Staff recommends exercising the last one-year renewal option of this agreement as the consultant has performed satisfactorily during the previous agreement period. FISCAL IMPACT Funds for the first four months are available in the Police Department, Traffic Division Other Contractual Services account (account no. 011-333- 6291). Funds for the last eight months of the renewal will be included in the FY 07-08 budget. APPROVED AS TO FUNDS AND ACCOUNTS: --_~ Ck---~~ j ). ~. Paul M. Walters Chief of Police Police Department ~~ ~t~A~ ~~~, Francisco Gutierrez rte, Executive Director "-1S Finance & Mgmt. Services Agency 25B-1 25B-2 REC~UEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 5, 2007 TITLE: CONTRACT AWARD FOR ENGINEERING CONSULTING SERVICES / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on god Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney and authorize the City Manager and Clerk of the Council to execute an agreement with Harris and Associates to provide engineering consulting services in the amount not to exceed $57,000. DISCUSSION One of the City's highest priorities is to improve the pavement condition of local streets. These include over 300 miles of residential, collector and industrial streets, a significant portion of which were built in the 1950'x. The City's Pavement Management System identifies the City's pavement condition and rates the average condition of our local streets as poor. The City historically has lacked a reliable and consistent funding source to rehabilitate residential streets. To that end, City staff proposes to study options available to bond or generate additional revenues dedicated to our neighborhood streets. City staff has solicited proposals for engineering services. These services are to fully examine the City's Pavement Management System to determine actual costs needed for pavement rehabilitation and repair of sidewalks, ramps, curbs and gutters. These services will include a feasibility study on the City's options for funding these improvements. Qualified firms were contacted and four firms submitted proposals. A committee comprised of city staff from the City Manager's Office, Public Works, Finance and Management Services, and the City Attorney's Office 25C-1 Agreement for Assessment District Engineering Services March 5, 2007 Page 2 evaluated the proposals. The final scores for the four firms are as follows: gI~ SCORE Harris and Associates 89.3 Willdan 83.3 David Taussig 77.8 Psomas 62.2 The firms were rated based on experience and capabilities, project manager, project understanding and approach, similar related experience, and commitment to meet time schedules. The bids for the top two firms were opened. The firm of Harris and Associates submitted a proposal of $57,000. In addition their services will include an analysis of the most recent pavement management system to determine if our assumptions and estimates of our backlog are accurate and an analysis of new emerging pavement technologies that might be utilized to reduce reconstruction and maintenance costs. The total amount also includes a 20% contingency. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Residential Street Improvement Fund (account no. 58-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Francisco Gutierrez r~ Executive Director Executive Director y~ Public Works Agency Finance & Mgmt. Services Agency 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 5, 2007 TITLE: CONDITIONAL USE PERMIT NO. 2006-23 TO ALLOW AFTER HOURS OPERATIONS AND CONDITIONAL USE PERMIT NO. 2006-24 TO ALLOW PARKING IN THE R2-B ZONE FOR A PROPOSED WALGREENS AT 1715 NORTH BRISTOL STREET - EVE~GR~EN DEVCO, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2006-23 as conditioned Conditional Use Permit No. 2006-24 as conditioned. PLANNING COMMISSION ACTION On February 12, 2007, the Planning Commission approved and adopted the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-208; adopted a resolution approving Conditional Use Permit No. 2006-23 allowing operations between the hours of 12:00 midnight and 5:00 a.m. as conditioned; and adopted a resolution approving Conditional Use Permit No. 2006-24 allowing parking in the portion of the site that is zoned two-family residence with a B suffix (R2-B) as conditioned by a vote of 7:0 for a proposed Walgreens at 1715 North Bristol Street (Exhibit A). The Planning Commission added a condition to install decorative driveway approaches on the Bristol and Seventeenth Streets entrances to create visual consistency with the development across Bristol Street. In addition, the Planning Commission, in concurrence with the Police Department, removed Police Department condition No. 13J of CUP 2006-23, which required the installation of audio recording component of the closed circuit television system at the public counter. FISCAL IMPACT There is no fiscal impact associated with this action. Jay M. Trevino E utive Director Planning & Building Agency LL:rb 11\reporte\PC and ZA\cup06-23&24.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 12, 2007 TITLE: PUBLIC HEARING - FILED BY EVERGREEN DEVCO FOR CONDITIONAL USE PERMIT NO. 2006-23 TO ALLOW AFTER HOURS OPERATIONS AND CONDITIONAL USE PERMIT NO. 2006-24 TO ALLOW PARKING IN THE R2-B ZONE FOR A PROPOSED WALGREENS AT 1715 NORTH BRISTOL STREET Prepared by Lucy Linnaus 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 Mana r 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-208. 2. Adopt a resolution approving Conditional Use Permit No. 2006-23 allowing operations between the hours of 12:00 midnight and 5:00 a.m. as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2006-24 allowing parking in the portion of the site that is zoned R2-B in conjunction with the new commercial building as conditioned. DISCUSSION Request of Applicant Shane Arters of Evergreen Devco on behalf of Walgreens is requesting approval of two conditional use permits in conjunction with the construction of a new retail store at 1715 North Bristol Street. Specifically, the applicant is requesting conditional use permits to allow business operations between the hours of 12:00 midnight and 5:00 a.m. and to allow parking in the portion of the site that is zoned Two-Family Residence with a B suffix (R2-B). Property Description The project site is a 51,525 square foot, rectangular shaped parcel located on the northeast corner of Bristol and Seventeenth Streets. The site is currently developed with a 3,000 square foot Burger King fast-food EXHIBIT A 31 A-2 Conditional Use Permit Nos. 2006-23 and 24 February 12, 2007 Page 2 restaurant with drive-through service and a 6,500 square foot medical/retail building. The site has three zoning designations: Community Commercial (C-1), Two-Family Residence with a B suffix (R2-B) and Bristol Street Corridor Specific Plan (SP-1), with corresponding General Plan land use designations of General Commercial (GC), Low Density Residential (LR-7) and Open Space (OS) (Exhibit 1). Surrounding land uses include residential uses to the north, commercial uses to the east and west, and office and school uses to the south (Exhibit 2). Project Description The applicant proposes to construct a new 11,200 square foot Walgreens retail store building. The store will operate 24 hours a day, seven days a week and will provide a two-lane drive-through for the pharmacy. In compliance with the SP-1 building location and landscape requirements, the building will be located off a pedestrian plaza facing Bristol Street. The plaza will be finished with decorative paving and landscaped with double rows of palm trees that will continue the Bristol Street corridor theme. The proposed building is mostly a single story structure (10,500 square feet) and has a small (700 square feet) mezzanine to be used for general stock. The architecture of the building is contemporary with a simple massing punctuated by raised architectural features at the building corners. The building will be finished with two-tone plaster with decorative split face block at the base and on pilasters, slate accents on pilasters facing Seventeenth Street, aluminum storefront and decorative steel trellises and awnings. Pursuant to the SP-1 architectural standards, the building entrance is located at the building's chamfered corner and faces the streets. To accommodate direct access from the parking lot, a second entrance is provided. Both building entrances are highlighted with a tower element with columns accented in slate with natural color concrete above and metal roof in copper tone supported by rough sawn wood rafters with exposed rafter tails. The maximum height of the building is 30 feet at the tower roof peak. The project provides the required 56 parking spaces and meets the landscape standards for the SP-1, C-1 and R2-B zone districts (Exhibits 3, 4, 5 and 6). In order to construct the new building, the applicant proposes to demolish a 3,000 square foot-fast food restaurant with drive-through service, a 6,500 square foot medical/retail building and their related parking lot and landscape areas. 31 A-3 Conditional Use Permit Nos. 2006-23 and 24 February 12, 2007 Page 3 Analysis of the Issues In 1988, the City Council approved the rezoning of a portion of this site from R2 to R2-B, to allow the construction of the current existing development. The intent of this action was to restrict the future use of the northern portion of the lot to parking only, thus creating a permanent buffer zone between the commercial use facing Seventeenth Street and the residential uses to the north of the property. This action also allowed the City to impose the development standards for the B suffix, which were developed to mitigate noise, light and traffic intrusion into the residential neighborhoods. In 1999, the City modified the Santa Ana Municipal Code (SANG) to require a conditional use permit to allow parking in conjunction with a commercial use on any property with a B suffix in order to allow public participation and appropriate additional conditions should the project and setting warrant. The proposed project will meet all B suffix development standards. A six- foot high masonry wall and a five-foot landscaped buffer will be provided to separate the parking from the residential uses. The site lighting has been designed and located so as not to impact the residential properties to the north. A private access to Baker Street via existing easements running across the parcels facing Seventeenth Street between Bristol and Baker Streets required in 1988 will be preserved (Exhibit 7). The private access to Baker Street is intended to provide an alternative outlet for vehicles which might otherwise utilize Eighteenth Street, a residential street, to travel east to Baker Street. The new retail building and drive-through service will be constructed in its entirety on the portion of the lot that is zoned C1 and is allowed by right. To prevent the site from becoming an attractive nuisance, the Planning Division is recommending conditions of approval, such as an electronic shopping cart system (Cartronics) to be installed over the driveways and plaza to ensure the shopping carts remain within the site, requiring low volume speakers at the drive-through and monitoring of the parking lot have been added. A conditional use permit is also required for retail establishments having less than 20,000 square feet of floor area that are open at anytime between the hours of 12:00 midnight and 5:00 a.m., since these businesses have the potential to impact surrounding businesses and residential neighborhoods. The proposed retail store will operate 24 hours a day, 7 days a week. The proposed store will offer general merchandise, pharmacy and photo services to the community and will not be selling any alcoholic 31 A-4 Conditional Use Permit Nos. 2006-23 and 24 February 12, 2007 Page 4 beverages (Exhibit 8). The use will serve the adjacent commercial and residential neighborhoods and allow the community to purchase items generally unavailable during these hours from other retail establishments. The Planning and Police Departments are proposing conditions of approval to prevent the site from becoming an attractive nuisance and mitigate any potential unforeseen problems. The Police Department's conditions generally refer to business operations and physical improvements to improve employee and customer safety, such as requiring that pay phones be located within the interior of the store and maintaining visibility of the store interior from the street. The police department proposes a review of the project at 90 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. In summary, the project will not create additional negative impacts to the surrounding business and residents and is compatible with the City's General Plan. Therefore, staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-23 to allow parking in the R2-B zone and Conditional Use Permit No. 2006-24 to operate after hours as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15063), Mitigated Negative Declaration and Mitigation Monitoring Program Environmental Review No. 2005-125 has been prepared for this project (Exhibit 9). 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I ~ ~ a ~ - I I ~ C u~~ ~ s~ 3 - w~ I ~=3~ _ _ ~ _ a 1~ tlR u ~ o ~ __ ~ _ ___ - a351Vtl flN1151N3 ~' 0 ~__----- - _ _ _ ~dd~ O60`4b) ~HdW S4) > ~0 > ~ _ w ________133211S1O1SR18 J n ~ a .. +I I CUP ~2$ ~ T~PI06-24 Z C N W O C O rv U O J O ~ ~ ~ •~ O ~ ~ ~ m ~ ~ Cam., ~ O ~ Z _~ fB ~ .--i ,--~ CUP 06-23 & CUP 06-24 ~~2 ,~~ti .taerj. November 20, 2006 City of Santa Ana 20 Civic Center Plaza P.U. Box 1988 Santa Ana, CA 92702 Re: Walgreens #10397, NEC of Bristol and 17d', Santa Ana, CA To Whom [t May Concern: The Walgreens store at the above address will not be selling any packaged or prepared alcoholic beverages. Please contact me with any questions or comments. Sincerely, Walgreens Realty Resources, LLC ~rrtie J. Meyers, AiA Project Architect Facilities Planning, Design & Engineering 106 Wilmot Road, MS #1620 Deerfield, IL 60015 WALGREEN CO CORPORATE OFFICES 106 WILMOT ROAD DEERFIELD, ILLINOIS 60015 www.walgreens.com CUP ~~191B1~T8~6-24 MAYOR Miguel A. Pulido MAYOR PRO TEM Carlos Bustamante COUNCILMEMBERS Claudia C. Alvarez P. David Benavides Michele Martinez Vincent F. Sarmiento Sal Tinajero • • ., CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. Box 1988 • Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 www.santa-ana.org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy OTED JAN 11 2007 TOM DALY,CLERK-RECORDER NOTICE OF INTENT ~ ~`~ °~ TO ADOPT A MITIGATED NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Walgreens Retail Store Project Description: The proposed project consists of the construction of a new 11,127 square foot Walgreens retail store building and related parking and landscape. The proposed store will provide adrive-thru service and operate 24 hours a day. In order to construct the new building, the applicant proposed the demolition of a 3,000 square foot- fast food restaurant with drive-through service, a 6,500 square foot medical/service building and their related parking lot and landscape. Project Location: 1715 North Bristol Street Project Number: CUP No. 2006-23, CUP No. 2006-24 and ER 2005-208 Public Review Period: January 18, 2007 to February 7, 2007 Hearing Date: February 12, 2007 Hearing Location: City of Santa Ana Council Chambers, 22 Civic Center Plaza Santa Ana, CA 92702 The Mitigated Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before February 7, 2007. Please direct your comments to: Lucy Linnaus, Associate Planner, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Lucy Linnaus at (714) 667-2745. 3~Hid-B 14 MAYOR Miguel A. Pulido MAYOR PRO TEM Carlos Bustamante COUNCILMEMBERS Claudia C. Alvarez P. David Benavides Michele Martinez Vincent F. Sarmiento Sal Tinajero • __ ..~,~ • ~::::. , w5° ~ ~;~ /~- 1 CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. Box 1988 • Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 www.santa-ana.org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy POSTED JAN i~ 7 2007 TOM OALY,CLERK•RECORDER BY ~ ~~,~ r ~o _ , MIT~G~ATED NEGATIVE DECLARATION; Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: Conditional Use Permit (CUP) No. 2006-23, CUP No. 2006-24 & Environmental Review No. 2005-208 Applicant: Evergreen Devco: 2390 E. Camelback Rd. Suite 410, Phoenix, AZ 85016 Project Location /Address: 1715 North Bristol Street Project Title /Description: The proposed project consists of the construction of a new 11,127 square foot Walgreens retail store building and related parking and landscape. The proposed store will provide adrive-thru service and operate 24 hours a day. In order to construct the new building, the applicant proposed the demolition of a 3,000 square foot- fast food restaurant with drive-through service, a 6,500 square foot medical/service building and their related parking lot and landscape. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures paced on the project, and agreed to by the applicant, reduce each impact to below a level of significance. Signature: Planner Date: ~ - / 7~ ~ 7 This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 31~A~15 Environmental Checklist CEQA Compliance PLANNING DIVISION Project Title: Walgreens Store Project Numbers: CUP 2006-23. CUP 2006-24 and ER 2005-208 III. Lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Lucy Linnaus (714) 667-2745 V. Project Location: 1715 North Bristol Street VI. Project Sponsor's Name and Address: Shane Arters, Evergreen Devco, 2390 E. Camelback Road, Suite 410, Phoenix, AZ 85016 VII. General Plan Designation: General Commercial (GC) and Low Density Residential (LR) VIII. Zoning: Community Commercial (C1), Two-Family Residential with a B suffix (R2-B) and Bristol Street Corridor Specific Plan (SP-1) IX. Description of Project: The proposed project consists of the construction of a new 11,127 square foot Walgreens retail store building and related parking and landscape on a 51,525 square foot lot. The project will provide the required 56 parking spaces and meet the landscape standards for the zone. The proposed store will provide a two lane drive-thru service for the pharmacy component and operate 24 hours a day. Anew retail building with pharmacy and drive through service will be constructed on the portion of the lot that is zoned C1 and is allowed by right. However, parking in conjunction with a commercial use is permitted on any zone district with a B-suffix subject to a conditional use permit. Retail establishments having less than 20,000 square feet of floor area that are open at any time between the hours of 12:00 midnight and 5:00 am require the approval of a conditional use permit. The retail store with pharmacy is consistent with the General Commercial land use designation of the City's General Plan and meets or exceeds the City's design and development standards for such use. In order to construct the new building, the applicant proposes the demolition of a 3,000 square foot- fast food restaurant with drive-through service, a 6,500 square foot medical/service building and their related parking lot and landscape. X. Surrounding Land Uses and Setting: The project site is a fully developed, rectangular shaped parcel located on the northeast corner of Bristol and Seventeenth Streets with three zoning designations as noted above. Vehicular access to the site is from both Bristol and Seventeenth Streets, which are listed as major arterial streets in the Circulation Element of the City's General Plan. An existing egress and ingress easement to the north of the property that provides access to the parking lot of the adjacent site will be preserved. The surrounding land uses include residential to the north, and commercial to the east, south and west. XI. Other agencies whose approval is required. No approval is required from outside agencies. LL\M:\Environmental\Walgreens checklist & response.doc Page 1 Of 2 3'~-~16 i i i " "; Environme~#~1 ~'~aecklist _, CEQ~q Compliance Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. O Aesthetics O Agricultural Resources O Air Quality O Biological Resources O Cultural Resources O Geology and Soils O Hazards and Hazardous Materials O Hydrology and Water Quality O Land Use and Planning Environmental Determination O Mineral Resources O Noise O Population and Housing O Public Services O Recreation O Transportation and Traffic O Utilities and Service Systems O Mandatory Findings of Significance On the basis of this initial evaluation, I find that: A. ^ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. ® Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. C. ^ The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. ^ Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -)pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. ^ Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. ^ Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significar~ effects no previously discussed. A SUBSEQUENT EIR shall be prepared. Signature /- ~~~t~ ? Date Printed Name LL\M:\Environmental\Walgreens checklist & response.doc P2ge 2 Of 2 3117 2'k r iwi..: - _- Environments-I~~ Gecklist -. ~ CEQA Compliance Evaluation of Environmental Impacts: A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Less than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics -Would the project: A. Have a substantial adverse effect on a scenic vista? ^ ^ ^ B. Damage scenic resources, including but not limited ^ ^ ^ to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? ^ ^ ® ^ D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ^ ^ ® ^ 3'~A~I 8 Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or ^ ^ ^ Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) B. Conflict with existing zoning for agricultural use or a ^ ^ ^ Williamson Contract? C. Involve other changes in the existing environment ^ ^ ^ which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? III. Air Quality -Where available, the significant criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of ^ ^ ^ applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or ^ ^ ® ^ contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase ^ ^ ® ^ of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ^ ^ ® ^ concentrations? 3'~A~I 9 Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact E. Create objectionable odors affecting a substantial ^ ^ ® ^ number of people? IV. Biological Resources -Would the project: A. Have a substantial adverse impact, either directly ^ ^ ^ or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian ^ ^ ^ habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands ^ ^ ^ (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances ^ ^ ^ protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources -Would the project: A. Cause a substantial adverse change in the ^ ^ ^ significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the ^ ^ ^ significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique ^ ^ ^ paleontological resource or site? 31~~~~20 l i " '~~ Environmental ~ecklist i . CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact D. Disturb any human remains, including those ^ ^ ^ interred outside of formal cemeteries? VI. Geology and Soils -Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as ^ ^ ^ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? ^ ^ ® ^ 3. Seismic-related ground failure, including ^ ^ ^ liquefaction? 4. Landslides? ^ ^ ^ B. Would the project result in substantial soil erosion ^ ® ^ ^ or the loss of topsoil? C. Would the project result in the loss of a unique ^ ^ ^ geologic feature? D. Is the project located on strata or soil that is ^ ^ ® ^ unstable or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? E. Where sewers are not available for the disposal of ^ ^ ^ wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? 3'~iA~21 Environmer~t~al~ Checklist CEQA Compliance Less than Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials -Would the project: Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact A. Create a significant hazard to the public or the ^ environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or ^ acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of ^ hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan ^ or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality -Would the project: A. Violate Regional Water Quality Control Board water ^ quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or ^ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage pattern of ^ the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ No Impact 3'~~22 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact D. Create or contribute runoff water which would ^ ^ ® ^ exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? ^ ® ^ ^ F. Place housing within a 100-year floodplain, as ^ ^ ^ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which ^ ^ ^ would impede or redirect flood flows? H. Expose people or structures to a significant risk of ^ ^ ^ loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to ^ ® ^ ^ receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water ^ ® ^ ^ quality during or following construction? K. Could the proposed project result in increased ^ ® ^ ^ erosion downstream? L. Result in increased impervious surfaces and ^ ® ^ ^ associated increased runoff? M. Create a significant adverse environmental impact ^ ® ^ ^ to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as ^ ® ^ ^ listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? 3 ~-~23 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact O. Tributary to other environmentally sensitive areas? ^ ® ^ ^ If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact ^ ® ^ ^ on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on ^ ® ^ ^ groundwater quality? R. Cause or contribute to an exceedance of applicable ^ ® ^ ^ surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? ^ ® ^ ^ IX. Land Use and Planning -Would the project: A. Physically divide an established community? ^ ^ ^ B. Conflict with any applicable land use plan, policy, or ^ ^ ^ regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation ^ ^ ^ plan or natural community conservation plan? X. Mineral Resources -Would the project: A. Result in the loss of availability of a locally- ^ ^ ^ important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 3 ~t~-~24 Environmen~tal~ Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact XI. Noise -Would the project result in: A. Exposure of persons to or generation of noise ^ ^ ® ^ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ^ ^ ® ^ groundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise ^ ^ ® ^ levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ^ ^ ® ^ ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan ^ ^ ^ or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing -Would the project: A. Induce substantial population growth in an area, ^ ^ ^ either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, ^ ^ ^ necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, ^ ^ ^ necessitating the construction of replacement housing elsewhere? 3 ~~9-~ 5 Environmer~t~l G~ecklist CEQA. Compliance ess an Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: 1. Fire protection? ^ ^ ® ^ 2. Police protection? ^ ® ^ ^ 3. Schools? ^ ^ ^ 4. Parks? ^ ^ ^ 5. Other public facilities? ^ ^ ^ XIV. Recreation A. Would the project increase the use of existing ^ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or ^ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ^ ^ ^ ^ XV. Transportation /Traffic A. Cause an increase in traffic which is substantial in ^ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? 31~A-~26 _ :<..:.: Environmental C~~ecklist CEQ~4 Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Su pporting Information Sources Impact Incorporated Impact Impact B. Exceed, either individually or cumulatively, a level ^ ^ ® ^ of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including ^ ^ ^ either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature ^ ^ ^ (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E. Result in inadequate emergency access? ^ ^ ^ F. Result in inadequate parking capacity? ^ ^ ^ G. Conflict with adopted policies supporting alternative ^ ^ ^ transportation (e.g., bus turnouts, bicycle racks)? XVI. Uti lities and Service Systems A. Exceed wastewater treatment requirements of the ^ ^ ^ applicable Regional Water Quality Control Board? B. Require or result in the construction of new water ^ ^ ^ or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm ^ ^ ^ water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the ^ ^ ^ project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater ^ ^ ^ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 31~~~27 Environmer~ta~ Ci~ecklist CEQA Compliance ess tan Significant Potentially with Less Than Significant Mitigation Significant No Issues 8 Supporting Information Sources Impact Incorporated Impact Impact 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? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the ^ ^ ^ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually ^ ^ ^ limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects.) C. Does the project have environmental effects which ^ will cause substantial adverse effects on human beings, either directly or indirectly? ^ ^ 31~~8 Res~ror~s to Environments ~Che+~klist For CEQA Compliance The following is an analysis of potential environmental impacts associated with the proposed project based upon the City of Santa Ana Environmental Checklist. The analysis incorporates by reference information from the Santa Ana General Plan Land Use Element No. EIR 97-1. I. Aesthetics- A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? No Impact According to the City's General Plan Land Use Element FEIR, there are no scenic vistas within the immediate vicinity of the project site. The Orange Freeway (SR-57), Newport Freeway (SR-55), and Garden Grove Freeway (SR-22) are the three state highways that can be found in the City of Santa Ana. The proposed project site is not visible from any of those highways and therefore will not damage or destroy any scenic resources that are located within the vicinity of these highways. C. Substantially degrade the existing surrounding? D. Create a new source of substantial nighttime views in the area? Less than significant impact visual character or quality of the site and its light or glare, which would adversely affect day or The proposed project with extended hours of operation for the business will alter the visual quality of the site, but impacts are anticipated to be beneficial, not adverse. The project will replace the existing development with equal or better materials. Major sources of light and glare in the project area include light from street and parking lot lights, illuminated signage, headlights from vehicles, security lighting, and indoor lighting. The proposed project will not introduce substantial new lighting which will be discernable over existing conditions. II. Agricultural Resources A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non- agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact The proposed project will replace an existing similar urban development on the site, which is not in agricultural production. Additionally, 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. Presently, there are no areas in the City that are under existing Williamson Contracts. Therefore the proposed project will not result in any adverse impacts to agricultural resources. 3 ~~~ 9 Res~or~~es to Environmental f~Checklist For CEQA:Compliance III. 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 the General Plan. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in the City's General Plan. The proposed project would not impact the growth projections in the General Plan. Therefore, approval of the proposed zoning ordinance amendment would not be in conflict with the South Coast AQMP. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? D. Expose sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? Less than significant impact As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin is currently anon-attainment area for carbon monoxide, ozone, and particulate matter. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified below. EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Da Quarter Pounds/Da Carbon Monoxide 550 24.75 550 Reactive Organic Com ounds 75 2.5 55 Nitro en Oxides 100 2.5 55 Particulate Matter 150 6.75 150 Long-Term Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the City's General Plan and would not exceed the air pollutant emission projections established in the General Plan Land Use Element EIR. 3 ~~1~3 0 Respt~n~ses to Environmental C`~ecklist For CEQA .Compliance Short-term Constructed Related Air Quality Impacts Construction operations associated with the proposed project could potentially result in short-term increases in particulate matter, and to a lesser degree increases in carbon monoxide and ozone. Peak day construction emissions for most pollutants arising from construction of the proposed project would occur during the grading and demolition phases. Using the South Coast Air Quality Management District CEQA Air Quality Handbook as a general guideline, the threshold for potentially significant short-term air quality impacts would involve the grading of 1,309,000 square feet of area and the demolition of 23,214,000 cubic feet of building area. The proposed project would require the demolition of approximately 100,000 cubic feet of building area and re-grading of 52,000 square feet of lot area only The amount of grading and demolishing activities for the proposed project would be considerably less than the threshold of significance outlined in the CEQA Air Quality Handbook. While the construction related emissions associated with the proposed project would not exceed the thresholds established by the SCAQMD, the emissions could be a nuisance to other existing land uses in the nearby vicinity of the project site. To minimize short-term construction related air impacts within the project area the following project enhancement measure shall be implemented. Project Enhancement Measure During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: 1. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. 2. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 3. Streets surrounding the project site shall be cleaned at the end of each day of construction. 4. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 5. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 6. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 7. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. In addition, it has been determined that implementation of the proposed project would not result significant long-term or short-term air quality impacts. Therefore, the proposed project area would not be exposed to substantial concentrations of air quality pollutants. Finally, the proposed project is a retail land use and would not generate significant long-term operational odors. Construction equipment and operations associated with the proposed project could potentially result in odor impacts. However, the odors would be short-term and would not be considered significant. 31~-~31 Responses to ,:. Environmental "~~~cklist For CEQA Compliance IV. Biological Resources A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The City of Santa Ana General Plan Land Use Element EIR indicates that Santa Ana is predominantly built-out and that all sizable expanses of undisturbed native vegetation have been eliminated. Approval and implementation of the proposed project with extended hours of operation will not result in impacts to any on-site biological resource. V. Cultural Resources A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact According to the National Register of Historical Structures and the City of Santa Ana Local List of Historical Properties, there are no historical structures located on the project site. Therefore, implementation of the proposed project would not result in significant impacts to any historic resource. 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, there are no known or recorded archaeological or paleontological resources on or within the vicinity of the project site. Additionally, the project site is currently developed. The probability for the discovery of unknown cultural resources would be low. Therefore, implementation of the proposed project would not result in impacts to unknown cultural resources. 4 31,~~2 Res~,oi~t~s to Environmental Checklist For CEQA Compliance VI. Geology and Soils A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the City's General Plan Land Use Element EIR, the project site is not located within a current Alquist-Priolo Earthquake Fault Zone. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project would be considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic region of Southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the project site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subject to a maximum credible horizontal ground acceleration of 0.30g from a magnitude 6.9 earthquake along the Newport/inglewood fault zone. A seismic event of this scale could potentially result in significant damage to the project site. However, the risks at the project site are similar to many other areas in the Southern California region. To minimize potential seismic shaking impacts, the proposed project would be subject to Seismic Safety Standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential impacts associated with seismic shaking activity to a level that would be less than significant. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the water table are subject to large ground accelerations generated from seismic events. According to the City's General Plan Land Use Element EIR, the project site is located in an area that is characterized with very low liquefaction hazard potential. To minimize potential liquefaction impacts, the proposed project would be subject to Seismic Shaking Standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential liquefaction impacts to a level considered less than significant. A-4. Landslides No Impact The project site is flat without any topographical relief. According to the City's General Plan, there are no landslide planes on the project site. Therefore, implementation of the proposed project would not result in adverse impacts in regards to landslides. B. Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant With Mitigation Incorporated 3~~4~33 Re~~~Qn,~'es to Environmental C~he~~klist For CEQA Compliance rosion re ers to t e remova o soi rom expose edrock su aces by water or win he a ects o erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Construction operations for the proposed project would require excavation of onsite soils. The uncovered soils on the project site could potentially result in erosion and sedimentation impacts to onsite and offsite drainage facilities. This potential impact could increase during periods of rain. To minimize potential erosion impacts, the proposed project would be required to employ the following Best Management Practices during construction operations. Mitigation Measure Prior to the issuance of grading permits, the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (b) Two copies of the Storm Water Pollution Prevention Plan. Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design" structural "Source Control" and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). Submit for approval a surface drainage/grading/erosion control plan. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. C. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR, the project site does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact According the City's General Plan Land Use Element EIR, the project site is located on soils that have low shrink/swell potential, high corrosion potential to uncoated steel and low corrosion potential to concrete. The soil conditions on the project site would not provide a constraint that would prevent the development of the proposed project. As part of the City's development review process a geotechnical study would be prepared to identify geotechnical design recommendations to ensure the long-term geotechnical stability of the project site. 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 The project site is an improved building site with an improved sewer system. In terms of geological stability, the project will not require the expansion of additional sewer facilities. 3 ~,/~~4 6 Re~~an~es to Environmental C~:+klist For CEQA Compliance VII. Hazards and Hazardous Materials A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed retail development would have no impact on transport or disposal of hazardous material in that the proposed project would not involve activities that would emit hazardous or acutely hazardous material. Additionally, according to the City of Santa Ana Fire Department and the City's General Plan, the project site is not included on a list of hazardous material sites. Implementation of the proposed project would not create a significant hazard to the public or the environment. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones, nor is the proposed project located within a John Wayne Airport Planning Area. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed project would not increase the potential for safety hazards for people residing in or working within the City. VIII. Hydrology and Water Quality A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? I. Resulting an increase in pollutant discharges to receiving waters? J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? 3~~~5 ~, ., Res~-Qnses to i .. Environmental G`~~klist For CEQA.Compliance 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? Q. Have a potentially significant adverse impact on the groundwater quality? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? Less Than Significant With Mitigation Incorporated The City of Santa Ana is included within four watersheds, San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana implements the goals, objectives and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. Storm water flows from the project site would be conveyed to an underground storm drain before ultimately discharging into Santa Ana River watershed. The Santa Ana Regional Water Quality Control Board has identified Santa Ana River as impaired by nutrients, sediments, metals and pesticides. The primary source of potential adverse water quality impacts associated with the construction and operation of the proposed project would be from nuisance flows. Nuisance flows is defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since nuisance flows usually originates in the street, they commonly contain many common pollutants found in streets such as oil and grease and sediment. Additionally, surface water runoff generated from the project site during construction operations could be degraded potentially resulting in adverse water quality impacts to downstream receiving waters. Mitigation Measures • Prior to issuance of grading permits, the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes; (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (B) Two copies of the Storm Water Pollution Prevention Plan. • Prior to issuance of grading permits, the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. • Provide two copies of the Water Quality Management Plan that would include the following: a. Site Assessment 3~~~6 1 ~ Resans~s to Environments#;,~~~klist For CE~A .Compl lance ite esign est anagement ractices c. Applicable Routine Source Control BMP d. Selecting and sizing the Treatment Control BMP e. Mechanisms by which funding for long-term operation and maintenance of all structural BMP will be provided Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP and to identify the entity in charge of implementation • The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. No Impact The proposed project would not interfere with ground water recharge because the project area is not located in an area that is known to recharge the ground water system. Additionally, construction operations for the proposed project would not encroach onto the underground water basin. Implementation of the proposed project would not result in significant impacts to any underground water supplies. 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? Less than Significant Impact The project site is located within an urbanized area with improved drainage facilities. The proposed project would not introduce additional impervious surfaces unto the project site. There would be no significant increase in the surface water flows generated from the project site because the site is currently imperious and the project would just replace similar materials. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact 3 ~~~7 Res~o-uses to ~Environmenta~ ~~hecklist For CEQA Compliance The City of Santa Ana is a participant in the National Flood Insurance Program (NFIP). Communities participating in the NFIP must adopt and enforce minimum floodplain management standards, including identification of flood hazards and flood risks. Participation in the NFIP allows communities to purchase low cost insurance protection against losses from flooding. The published Flood Insurance Rate Maps (FIRM) for the project site is included on Community Panel No. 06023202144H. The project site is located entirely in Zone X, which is defined as areas beyond the limits of the 100-year flood and 500-year flood. Implementation of the proposed project would not significantly increase the potential for flood risks. IX. Land Use and Planning A. Physically divide an established community? C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact The project site is currently developed with a commercial development oriented towards two arterial streets. The new development will continue the existing development pattern and will not divide existing neighborhoods. The proposed project is located in an urbanized setting and no locally designated species or natural communities are known to exist in the project area. The site is not part of any habitat conservation plan or natural community preservation plan. 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 General Plan land use designation for the site is dual. The site is purposely split so that General Commercial land use designation is located parallel to Seventeenth Street and includes the corner with Bristol Street and Low Density Residential designation is located adjacent to the residential development perpendicular to Bristol Street. The intent of the split general plan designation and their corresponding zoning designation is to create a buffer between two adjacent dissimilar uses. The zoning for the site reflects the intent of the general plan in that the General Commercial designation portion of the site has a corresponding Community Commercial (C-1) zone designation, while the Low Density Residential has a Two-Family Residence (R2) zone designation. The Santa Ana Municipal Code allows the addition of the B-Suffix to any zone adjacent to a commercial zone to allow for parking in conjunction with a commercial use, thus creating a buffer area between the actual residential development and the commercial building. The site is currently developed with this pattern. The proposed project will continue the existing development pattern and will not create a conflict with any applicable land use plan, policy or regulations adopted for the purpose of avoiding or mitigating an environmental effect. X. Mineral Resources A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact 3'~~ 3~ 8 i o Responses to En:wironmental Checklist For CEQA Compliance ccor ing tote ity s pate enera an an se ement , t ere are no areas m anta na that are designated significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. Noise 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. C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Less Than Significant Impact The project site is subject to noise standards and guidelines in the General Plan Noise Element and Municipal Code Noise Ordinance. The primary purpose of the City of Santa Ana Noise Element is to "Prevent significant increases in noise levels in the community and minimize the adverse effects of currently-existing noise sources." In accordance with the Noise Element, the City has adopted noise standards and guidelines for land use planning. These guidelines for exterior noise levels are presented in Table N-1. Table N-1 c:it Ut Santa Ana Land Use Gui delines For Exterior Noise Land Use Noise Level dBA CNEL or Ldn Desirable Maximum Maximum Acce table Low Densit Residential 55 65 Medium Densit Residential 60 65 Hi h Densit Residential 65 70 Schools 60 70 Commercial, Office 65 75 Industrial 70 75 A significant noise impact would occur if a proposed land uses does not comply with the General Plan noise standards identified in Table N-1, or when a proposed land use results in an 3dB increase to existing noise levels when the existing noise level is at least 65 d6 CNEL. The operation of the proposed project would not significantly increase noise levels within the project site. A significant increase in noise would be a 3dB increase over existing noise levels. Typically, a 3db increase in noise levels occurs when existing traffic volumes are doubled. The proposed project would not double existing traffic volumes within the project area. Therefore, implementation of the proposed project would not result in a 3db increase to existing noise levels within the project area. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Less Than Significant Impact 11 3~~~9 Responses to Environments ~hcklist For CEQA:Compliance e construction o the propose project wou invo ve conventions construction equipment resu tmg m less than significant ground borne vibration impacts. No mitigation measures are necessary. Implementation of the proposed project would result in short-term construction related noise impacts. Short-term noise impacts would result from site preparation, excavation, grading, and other construction operations. The construction-related short-term noise levels would be higher than the existing or ambient noise levels in the project area today, but would no longer occur once construction of the project is complete. The Municipal Code recognizes that some forms of noise are required for urban development and maintenance and are difficult to control. Section 18-314(e) exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. Compliance with Noise Ordinance would reduce construction noise impacts to a level considered less than significant. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No impact There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within atwo-mile radius of the airport. According to the Santa Ana General Plan Draft Environmental Impact Report, no area of the City of Santa Ana is within the noise impact area or 65 CNEL of John Wayne International Airport. Therefore, people residing or working in the project area will not be exposed to excessive noise levels. No impact is anticipated. XII. Population and Housing A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed project would replace an existing commercial development with another commercial use. Implementation of the proposed project would not increase the population within the project area or displace existing households within the project area. The proposed project is consistent with the General Plan and local and regional growth projections for the project area. XIII. Public Services Fire Protection: Less than Significant Impact The City of Santa Ana Fire Department will provide fire protection and emergency services to the project site. The City maintains ten fire stations throughout the City. The stations are situated where no location in the City is outside of an approximate 1.5 radius of a fire station. Additionally, the City maintains a Mutual 3 ~~43~40 ~2 Responses to Environmental Checklist For CEQA Compliance utua id greement or ire protection services wit t e neighboring ides o ountain a ey, ar en Grove, Tustin, Irvine and Costa Mesa. According to the City of Santa Ana Insurance Service Organization, the City has a low fire risk rating. Fire Station No. 1 located at 1029 West Seventeenth is the closest fire station to the project site. According to the Santa Ana Fire Department, implementation of the proposed project would not increase the demand for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment the Fire Department would be able to provide an adequate level of service. Police Protection: Less than Significant With Mitigation Incorporated The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, implementation of the extended hours of operation may potentially increase the demand for police protection services over current levels of manpower and equipment. In order to minimize the potential impacts associated with the extended hours of operation, the Police Department is recommending the following mitigation measures: Mitigation Measures: • The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. • The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. • Front cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Pharmacy cash registers located at the rear of the store are exempt. • Window displays must be kept to a minimum for maximum visibility and shall not exceed 25% of window coverage. • Windows shall be kept clear of any advertising materials between three and six feet in height. • Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. • Atimed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. • Install a silent armed robbery alarm. • There shall be no coin-operated games maintained on the premises at any time. • All pay telephones shall be located inside the premises. • The petitioner(s) shall be responsible for maintaining the premises free of litter. 32'~,d~;41 >3 Re~p~ns to Environmental ~~ecklist For CEQA C©mpliance • The Conditional Use Permit for extended hours of operation shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. • "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification as follows: o A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. o A minimum of one color camera that views the full length side of a customer at the cash register area. o A color camera recorder capable of recording events on all cameras simultaneously. o A tape or disc storage library of recorded cameras kept for a minimum of 60 days. o If video tape is used, tapes can not be taped over more than six times. o An audio recording component that will record sounds occurring at the customer counter. • Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at 5' and ending at 6'-6". • Deliveries cannot occur between the hours of 10 p.m. and 7 a.m. daily. Schools, Parks, Other Facilities: No Impact Implementation of the proposed project would not generate demand for additional school services above the current conditions, nor would it generate demand for additional park services. No adverse impacts to schools, parks or other public services would occur. XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact Implementation of the proposed project would not generate additional demands on existing recreation facilities or require the construction of new recreation facilities. No adverse impacts to recreation services and facilities would occur. XV. Transportation/Traffic 3 ~~~,42 14 - Res~~~s to Environmental C~e~klist For CEE,~~4iCompliance A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less than Significant Impact The implementation of the proposed project would not increase vehicle trips in the project area in that the project replaces a restaurant use and amedical/retail building with a retail use. A retail use is considered less intense use by the City as it generates fewer trips than a restaurant. Table B-1 below shows the comparison of the trip generated by the current use with the estimated project trip generation prepared by the City of Santa Ana Traffic Division. Since the project is consistent with the General Plan, the traffic projections for the proposed project would be consistent with the traffic estimates projected in the Circulation Element. Implementation of the proposed project would not change the level of service or any roadway segment or intersection within the project area. Table B-1 SUMMARY OF PROJECT TRIP GENERATION Tri Generation Rates Pro'ect Tri Generation A M PM AM PM Land Use Unit Quantity SF Dail In Out In Out Dail In Out In Out Medical-Dental Office Buildin KSF 2.000 36.13 1.96 0.52 1.00 2.72 72 4 1 2 5 Convenience Market KSF 2.000 490.8 15.51 15.51 16.94 17.63 982 31 31 34 35 Sho in Center KSF 2.500 42.94 0.63 0.40 1.80 1.95 107 2 1 5 5 Fast Food Restaurant KSF 3.000 716 26.32 17.55 13.34 12.81 2148 79 53 40 38 TOTAL EXISTING 3309 115 136 80 134 Pharmacy/Drugstore with Drive-Thru KSF 11.200 88.16 1.52 1.14 4.22 4.4 987 17 13 47 49 TOTAL PROPOSED 98T 17 13 47 49 C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within atwo-mile radius of the airport. The maximum height of the building is 30 feet. No impact is anticipated. D. Substantially increase hazards to a design feature No Impact Through the City's development review process, the City's Public Works Agency has determined that implementation of the proposed project would not increase traffic hazards within the project area. E. Result in inadequate emergency access No Impact 3 ~~~,43 15 Re~~ac~r~~s to Erwironmental ~C~iecklist For G~QA ~Gornpliance s part o t e ity s evelopment review process, t o propose project was reviewed y t e o ice Department and the Fire Department to ensure adequate emergency access. No adverse emergency access impacts would be associated with the proposed project. F. Result in inadequate parking capacity No Impact The project's parking requirement, based on the City of Santa Ana parking code is 56 parking stalls. The project is 56 parking stalls; therefore the project complies with the City's parking requirement. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any City policies regarding alternative modes of transportation. Nor would implementation of the proposed project displace any existing modes of public transportation provided within the project area. XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. No Impact The Orange County Sanitation District (OCSD) regulates wastewater treatment for the City of Santa Ana. The proposed project will not cause any violation of those standards set forth by the OCSD. The City of Santa Ana and OCSD would provide wastewater service to the proposed project. The project area is currently improved with wastewater sewer facilities. Implementation of the project would not increase wastewater demands in the project area over current condition. The wastewater demands of the project would be accounted for in the City's Urban Water Management Plan. Additionally, implementation of the project would not increase the amount of surface water runoff currently generated from the project site. The project would not require the construction of new drainage facilities. 3 ~,~-~,44 16 Res~Q~~s to En~ironmental?~ttecklist For CEQA Co~xtpliance e ity o anta Ana ater epartment woul prove a omestic water service or t e propose project. Implementation of the proposed project would not increase water demand within the project area over the current condition. The proposed project is consistent with the General Plan and water demands are accounted for in the City's Urban Water Management Plan. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste collection services to the project site. Solid waste is transported to the Environmental Service transfer station in Irvine, and then taken to the Bowerman Landfill. The Bowerman Landfill is permitted to accept 8,500 tons per day and is anticipated to close in year 2024. The California Integrated Waste Management Act of 1989 (AB 939) mandates all cities and counties in California to divert fifty percent of solid waste generated from landfill disposal. As part of the General Plan, the City of Santa Ana has prepared a Source Reduction and Recycling Element, which describe how the City complies with the mandates of AB 939. In order to comply with the requirements of AB 939, the City has implemented several waste reduction programs including green waste programs, source reduction programs, and recycling programs. The proposed project would not significantly increase the demand for solid waste disposal. Compliance with the City's recycling program would reduce long-term solid waste disposal service impacts to a level considered less than significant. XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No Impact Implementation of the proposed project would not substantially reduce the habitat of fish or wildlife species, in that no fish, wildlife populations or cultural resources are known to exist on the project site. Additionally, it is unlikely that unknown cultural resources would be discovered on the project site as it has previously been developed. B. Does the project have impacts that are individually limited but cumulatively considerable? No Impact Implementation of the proposed project would not result in cumulative impacts to the environment. The proposed project would comply with the applicable requirements of the Uniform Building Code, conditions of approval and mitigation measures, which provide specific requirements that would avoid any significant cumulative impacts within the project area. 3 ~~~,45 17 Res~ones to Environmental Ctleklist For CEQA Compliance C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? No Impact Construction and operation of the proposed project would not involve any activities that would cause substantial adverse effects on human beings, either directly or indirectly. Mitigation measures have been identified to reduce potential impacts to the environment and human beings to a level considered less than significant. XVIII. References City of Santa Ana Updated General Plan Land Use Element February 1998. City of Santa Ana Updated General Plan Land Use Element Environmental Impact, January, 1998, SCH 97071058 City of Santa Ana Zoning Ordinance, December 1998 City of Santa Ana Urban Design Element, July 6, 1998 City Santa Ana Local Register of Historic Structures National Register of Historic Structures Flood Insurance Rate Map Community Panel No. 0602320144H City of Santa Ana Development Review Committee, December 2006 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, January 1999 Site Visit by Lucy Linnaus, Associate Planner, November 2006 Integrated Waste Management Solid Waste Generation Rate City of Santa Ana 2000 Urban Water Management Plan XX.PREPARERS Lucy Linnaus, City of Santa Ana Associate Planner 3~~~~6 1g WALGREENS STORE MITIGATION MONITORING PLAN ENVIRONMENTAL REVIEW N0.2005-208 MITIGATION MEASURE AGENCY APPROVAL Prior to issuance of Gradin Permit and durin construction • During construction, the contractor shall comply with Public Works SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: o All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. o All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. o Streets surrounding the project site shall be cleaned at the end of each day of construction. o All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. o The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. o Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. o To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. • The project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (b) Two copies of the Storm Water Pollution Prevention Plan. • Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design" structural "Source Control" and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 3 ~~4~~7 • Submit for approval a surface drainage/grading/erosion control plan. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. • The project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes; (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (b) Two copies of the Storm Water Pollution Prevention Plan. • The project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. • Provide two copies of the Water Quality Management Plan that would include the following: o Site Assessment o Site design Best Management Practices (BMP) o Applicable Routine Source Control BMP o Selecting and sizing the Treatment Control BMP o Mechanisms by which funding for long-term operation and maintenance of all structural BMP will be provided o Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP and to identify the entity in charge of implementation • The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Ente rise Fees. Prior to the.: issuance of Certificate of Occu anc • The existing building and parking lot must conform to the Police provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 3 ~~~~48 • The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. • Front cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Pharmacy cash registers located at the rear of the store are exempt.. • Window displays must be kept to a minimum for maximum visibility and shall not exceed 25% of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. • Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. • Atimed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. • Install a silent armed robbery alarm. • There shall be no coin-operated games maintained on the premises at any time. • All pay telephones shall be located inside the premises. • The petitioner(s) shall be responsible for maintaining the premises free of litter. • The Conditional Use Permit for extended hours of operation shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. • "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. • Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification as follows: 3 3 ~~,49 o A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. o A minimum of one color camera that views the full length side of a customer at the cash register area. o A color camera recorder capable of recording events on all cameras simultaneously. o A tape or disc storage library of recorded cameras kept for a minimum of 60 days. o If video tape is used, tapes can not be taped over more than six times. o An audio recording component that will record sounds occurring at the customer counter. • Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at 5' and ending at 6'-6". • Deliveries cannot occur between the hours of 10 p.m. and 7 a.m. daily. 4 3 ~~~A-~b0 KO- 2/7/07 RESOLUTION NO.2007-14 A RESOLUTION OF THE PLANNING COMMISSION OF ~ THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2006-23 AS CONDITIONED TO ALLOW AFTER HOURS OPERATIONS AND CONDITIONAL USE PERMIT NO. 2006-24 TO ALLOW PARKING IN THE R2-B ZONE FOR THE PROPERTY LOCATED AT 1715 NORTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2006-23 to allow after hours operations and Conditional Use Permit No. 2006-24 to allow parking in the R2-B zone for a proposed Walgreens at 1715 North Bristol Street. B. Conditional Use Permit No. 2006-23 and Conditional Use Permit No. 2006-24 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 12, 2007. C. Pursuant to Santa Ana Municipal Code Section 41-365.5 Retail markets having less than twenty thousand square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. are permitted in the C1 district subject to the issuance of a conditional use permit. 1. Conditional Use Permit No. 2006-23 has been filed with the City of Santa Ana seeking to allow after hours operations for the property located at 1715 North Bristol Street. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed business hours between 12:00 midnight and 5:00 a.m. will contribute to the general Resolution No. 2007-14 Page 1 of 14 31 A-51 well being of the community by providing general merchandise and pharmacy services to the community and allowing the community to purchase items generally unavailable during these hours from other retail establishments. Conditions have been placed on the extended hours or operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed business hours between 12:00 midnight and 5:00 a.m. will provide additional service to the store patrons and the adjacent community. The conditions of approval will require the store to maintain a safe environment and are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The addition of the proposed business hours between 12:00 midnight and 5:00 a.m. to the retail establishment will generate City tax revenue and employment for the community thereby enhancing the profitability of the business, which will contribute to the economic stability of surrounding properties in the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit for the operation of a business between the hours of 12:00 midnight and 5:00 a.m., the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. Resolution No. 2007-14 Page 2 of 14 31 A-52 v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed retail establishment is located in three general plan designations, General Commercial (GC) Low Density Residential (LR) and Open Space. The proposed use as designed will not adversely affect the General Plan or the Bristol Street corridor Specific Plan. Retail establishments with pharmacy and photo services are permitted within the General Commercial (GC) land use General Plan designation, while parking in conjunction with a retail establishment is permitted in the Low Density residential designation and landscaping is permitted in the Open Space designation. In addition, the project meets the goals and policies established in the Urban Element of the General Plans, as the project will be developed with the highest quality design, materials, finishes and construction and a Plaza connecting to the public right-of-way to encourage public interaction will be provided. D. Pursuant to Santa Ana Municipal Code Section 41-611, parking is permitted in a B-suffix district with a conditional use permit. Conditional Use Permit No. 2006-24 has been filed with the City of Santa Ana seeking to allow parking in the R2-B zone for the property located at 1715 North Bristol Street. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed parking will occur in conjunction with the construction of a new retail store and will contribute to the general well being of the neighborhood by providing a permanent buffer zone between the commercial and residential uses. Conditions have been placed on the parking area that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2007-14 31 A-53 Page 3 of 14 ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed parking area in conjunction with the construction of a retail building will provide a required and necessary service to the store patrons. The conditions of approval will require the store to maintain a safe environment parking and are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The parking provides a required and necessary service to the store patrons. The retail establishment will generate City tax revenue and employment for the community thereby enhancing the profitability of the business, which will contribute to the economic stability of surrounding properties in the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit to allow parking in conjunction with a retail building, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed retail establishment is located in three general plan designations; General Commercial (GC), Low Density Residential (LR) and Open Space. The proposed use as designed will not adversely affect the General Plan or the Bristol Street corridor Specific Plan. Retail establishments with pharmacy and photo services are permitted within the General Commercial (GC) land use General Plan designation, while parking in conjunction with a retail establishment is Resolution No. 2007-14 Page 4 of 14 31 A-54 permitted in the Low Density residential designation and landscaping is permitted in the Open Space designation. In addition, the project meets the goals and policies established in the Urban Element of the General Plans, as the project will be developed with the highest quality design, materials, finishes and construction and a plaza connecting to the public right-of-way to encourage public interaction will be provided. Finally, the project meets Goal 6.0 of the Circulation Element as an easement across the parcels facing Seventeenth Street to prevent the use of residential streets to service non-residential development. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2005-208, prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission 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 Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The Planning Commission after conducting the public hearing hereby approves for the property located at 1715 North Bristol Street: Conditional Use Permit No. 2006-23, as conditioned in Exhibit °A" attached hereto and incorporated herein, to allow after hours operations. 2. Conditional Use Permit No. 2006-24, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow parking in the R2-B zone These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 12, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2007-14 Page 5 of 14 31 A-55 ADOPTED this 12th day of February, 2007 by the following vote: AYES: Commissioners: Alderete,Betancourt,De La Torre,Gartner,Leo,Mill, Munoz (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-14 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 12, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-14 Page 6 of 14 31 A-56 Conditions for Approval for Conditional Use Permit No 2006-23 Conditional Use Permit No. 2006-23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2005-79. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. A six-foot high masonry wall shall be maintained at the north property line to separate this use from adjacent residential use. 4. All site lighting shall be designed and located so as not to impact the residential properties north of the project. 5. An electronic shopping cart system (Cartronics or equivalent) shall be installed over the driveways and plaza to ensure the shopping carts remain within the site. 6. At minimum, a store associate shall be provided to monitor and collect carts hourly to ensure that all carts do not encroach into the required parking spaces. 7. Signage shall be provided on site to direct traffic wishing to travel east on Seventeenth Street toward the easement that accesses Baker Street. 8. The two public entrances shall remain operable and usable and not blocked/obstructed. 9. No darkening or covering of windows on the first floor. Exhibit A Resolution No. 2007-14 Page 7 of 14 31 A-57 10. Display, merchandise or signage located within a 12-foot radius area of the building entrances must be kept to a maximum height three feet and shall not block/obstruct any windows. 11. Speaker for the drive-through shall be a low volume unit and not oriented towards residences. B. Police Department 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Front cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Pharmacy cash registers located at the rear of the store are exempt. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 6. Atimed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. Resolution No. 2007-14 Page 8 of 14 31 A-58 11. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification as follows: a. A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. b. A minimum of one color camera that views the full length side of a customer at the cash register area. c. A color camera recorder capable of recording events on all cameras simultaneously. d. A tape or disc storage library of recorded cameras kept for a minimum of 60 days. e. If video tape is used, tapes cannot be taped over more than six times. 14. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. 15. Deliveries cannot occur between the hours of 10:00 p.m. and 7:00 a.m. daily. Resolution No. 2007-14 Page 9 of 14 31 A-59 Conditions for Aaproval for Conditional Use Permit No 2006-24 Conditional Use Permit No. 2006-24 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2005-79. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. A six-foot high masonry wall shall be maintained at the north property line to separate this use from adjacent residential use. 4. All site lighting shall be designed and located so as not to impact the residential properties north of the project. 5. An electronic shopping cart system (Cartronics or equivalent) shall be installed over the driveways and plaza to ensure the shopping carts remain within the site. 6. At minimum, a store associate shall be provided to monitor and collect carts hourly to ensure that all carts do not encroach into the required parking spaces. 7. Signage shall be provided on site to direct traffic wishing to travel east on Seventeenth Street toward the easement that accesses Baker Street. 8. The two public entrances shall remain operable and usable and not blocked/obstructed. 9. No darkening or covering of windows on the first floor. Exhibit B Resolution No. 2007-14 Page 10 of 14 31 A-60 10. Display, merchandise or signage located within a 12-foot radius area of the building entrances must be kept to a maximum height three feet and shall not block/obstruct any windows. 11. The egress and ingress easement which runs across parcels facing Seventeenth Street shall be preserved. 12. No structures shall be located within 107 feet of the northern property line. This land shall be maintained as a parking and landscape buffer for the duration of the project. 13. A decorative driveway approach to be installed on the Bristol and Seventeenth Streets driveway entrances. Mitigation Measures 14. During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: a. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. b. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. c. Streets surrounding the project site shall be cleaned at the end of each day of construction. d. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. e. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. f. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. g. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. 15. Prior to the issuance of grading permits, the project developer shall provide proof of coverage under NPDES General Construction Activity Resolution No. 2007-14 Page 11 of 14 31 A-61 Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number; (b) Two copies of the Storm Water Pollution Prevention Plan. 16. Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design" structural "Source Control" and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 17. Submit for approval a surface drainage/grading/erosion control plan. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 18. Prior to issuance of grading permits, the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes; (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (b) Two copies of the Storm Water Pollution Prevention Plan. 19. Prior to issuance of grading permits, the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. 20. Provide two copies of the Water Quality Management Plan that would include the following: a. Site Assessment b. Site design Best Management Practices (BMP) c. Applicable Routine Source Control BMP d. Selecting and sizing the Treatment Control BMP. e. Mechanisms by which funding for long-term operation and maintenance of all structural BMP will be provided. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP and to identify the entity in charge of implementation. Resolution No. 2007-14 Page 12 of 14 31 A-62 21. The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees. Resolution No. 2007-14 Page 13 of 14 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 foregoing document described as: Resolution No. 2007-14 Conditional Use Permit Nos. 2006-23 and 2006-24 m is ac ion y p acing a true copy t ereo enc ose m sea a enve opes a resse as follows: Shane Arters Alan Kalman Evergreen Devco, Inc. Nathan Ogints Trust 2390 East Camelback Rd., #410 1715 North Bristol Street Phoenix, AZ. 85016 Santa Ana, CA. 92706 [ ] 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. 2007-14 Page 14 of 14 31 A-64 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 5, 2007 TITLE: RESOLUTION AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT AGREEMENTS REQUIRED BY ADMINISTERING AGENCY-FEDERAL MASTER AGREEMENT NO. 12-5063R f. i ~/~ CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute the program supplement agreements required by Administering Agency-Federal Master Agreement No. 12-5063R with the State of California Department of Transportation to reimburse the City for federally funded projects. DISCUSSION The City has an existing Administering Agency-Federal Master Agreement No. 12-5063 with the California Department of Transportation (Caltrans) that was revised on January 12, 2007. This agreement provides for the City to receive reimbursement for federally funded projects. This resolution will authorize the Executive Director of Public Works Agency to execute all program supplement agreements required by Administering Agency-Federal Master Agreement No. 12-5063R. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. ,~°y James G. R ss Executive Director Public Works Agency 55A-1 2/13/07 les RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE THE REVISED ADMINISTERING AGENCY-FEDERAL MASTER AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO REIMBURSE THE CITY OF SANTA ANA FOR FEDERALLY FUNDED PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana ("City") has an existing Administering Agency-Federal Master Agreement No. 12-5603 ("Agreement") with the California Department of Transportation ("CalTrans"). This Agreement provides for the City's reimbursement of federally funded projects. B. CalTrans presented the City with a revised Administering Agency- Federal Master Agreement No. 12-5603 on January 12, 2007. This Agreement has been revised to incorporate various changes in regulations and policies. Section 2: The City Council hereby authorizes the Executive Director of the Public Works Agency to execute all program supplement agreements required by the revised Administering Agency-Federal Master Agreement No. 12-5603R. Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 55A-2 2/13/07 les ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: 2007. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-3 55A-4 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: FEBRUARY 5, 2007 TITLE: APPROVAL OF RELOCATION AND REPLACEMENT HOUSING PLANS FOR WILSHIREfMINNIE APARTMENTS Ci ~~; , CITY MANAGER EX CUTIVE RECTOR RECOMMENDED ACTION CITY COUNCIL CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED 70 FILE NUMBER Adopt a resolution approving the Relocation Plan for the residential property 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. COMMUNITY REDEVELOPMENT AGENCY Adopt a resolution approving the Replacement Housing Plan for the residential property 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. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its Regular Meeting of January 16, 2007, the Community Redevelopment and Housing Commission voted 5:1 (Turner, NoJ on the following recommendations. CITY COUNCIL Recommended that the City Council adopt a resolution approving the Relocation Plan for the residential property located at 1201, 1209, 80A-1 Approval of Relocation and Replacement Housing Plans for Wilshire/Minnie Apartments February 5, 2007 Page 2 1213, 1221, 1225, 1229, and 1233 East Wilshire, and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie. COI~1[JNITY REDEVELOPMENT AGENCY Recommended that the Community Redevelopment Agency adopt a resolution approving the Replacement Housing Plan for the residential property located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire, and 1401, 1403, 1409, 1413, 1421, 1925, 1429, 1433, 1437, and 1439 South Minnie. DISCUSSION On December 18, 2006, the City Council and the Community Redevelopment Agency authorized the preparation and execution of loan agreements with Wilshire/Minnie, L.P. for the acquisition and rehabilitation of seventeen properties located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie (Exhibit 1). The project currently has 164 one-bedroom units. After the reconfiguration, there will be 144 units with a mix of one, two, three, and four bedroom sizes. Permanent relocation of approximately 55 households will be necessary because of the reduction in units due to the reconfiguration and income restrictions required by the Low Income Housing Tax Credit Program. The California Health and Safety Code (Code) requires that when a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property that would lead to displacement of people from their homes, the legislative body must adopt, by resolution, a relocation plan. The attached Relocation Plan (Exhibit 2) addresses this displacement and has been prepared in accordance with the Code. Additionally, the Code requires the Agency to adopt, by resolution, a replacement housing plan whenever it destroys or removes dwelling units from the low- and moderate-income housing stock. Among other things, this replacement housing plan shall specify how and where the Agency shall provide replacement housing units. The attached Replacement Housing Plan (Exhibit 3) has been prepared for the property in accordance with the Code. 80A-2 Approval of Relocation and Replacement Housing Plans for Wilshire/Minnie Apartments February 5, 2007 Page 3 ENVIRONMENTAL COMPLIANCE In accordance with the National Environmental Policy Act and the California Environmental Quality Act, this project is exempt from further review. Categorical Exemption No. ER 2006-203 has been filed for this project. FISCAL IMPACT Funds are available in the HOME Program account in the amount of $2.4 million (account no. 130-148-6951) and Tax Increment Housing Set-Aside Fund in the amount of $8.1 million (account no. 507-936-6951). APPROVED AS TO FUNDS AND ACCOUNTS: Nancy T. dwards Francisco Gutierrez Assistant Director Executive Director r" ;~ Community Development Agency Finance and Management Services Agency SGH/SLB/mlr H:\ACTIONS\2007 CC\JT CC-CRA AppReloc&ReplaceHsgPlansWilshire-MinnieApts 2-5-07.doc 80A-3 . _. - - w W ... _.. a i r w 3 w ~. _. N OXFORD STREET it ...._._ . L f GRIFFITH PLACE ',. '.. _. WILSHIRE AVENUE WILSHIRE ~MAVENUE 19~y ""~ . _... _.. -- z W w ~, ., "• isix~ ~ ~ ~ ~ _._ ~ W .h^^1 y:Y.. ..._.... . ~._. Q i~{Q$ . UI ` e i~~l~ ' rat ~ w _ _. r~~ -- - - m sad : _. ~~~ z`~ ',. ~~ ~ g ~+l~7 u' BORCHARD AVENUE WILSHIRE AVE NUE W F ' "`r ~ ~' ~ i N L _..... w ._. __... LL __. _. Q fp EORCHARD AVENUE p I I Z a ~ ~ I -- ~ i ..__ _..._....... MADISON AVE. ',, i EDINGER AVENUE - ~ n n r--~-~ r-- n Exhibi# 1 80A-4 RELOCATION PLAN FOR THE LITTLE MINNIE STREET PROJECT PREPARED FOR WILSHIRE 8c MINNIE, L.P. AND THE CITY OF SANTA ANA BY OVERLAND, PACIFIC 8c CUTLER, INC. JANUARY 3, 2007 Exhibit 2 80A-5 INTRODUCTION ............................................................. 1 I. PROJECT LOCATION AND DESCRIPTION ....................... .......... 2 A. LOCATION ............................................ .......... 2 B. PROJECT NEIGHBORHOOD CHARACTERISTICS ........... .......... 3 C. PROJECT DESCRIPTION ............................... .......... 5 11. ASSESSMENT OF RELOCATION NEEDS ........................ .......... 6 A. METHODOLOGY ....................................... .......... 6 B. SURVEY RESULTS ..................................... .......... 6 1. Occupancy ...................................... .......... 6 2. Householdlncome ................................ .......... 6 3. Demographic Summary ............................ .......... 7 4. Profile of Potentially Displaced Residents .............. .......... 8 III. HOUSING RESOURCES ................................................ 9 IV. THE RELOCATION PROGRAM ......................................... . 10 A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES .......... . 10 B. RELOCATION ADVISORY ASSISTANCE ........................... . 11 C. RELOCATION BENEFITS (FINANCIAL ASSISTANCE) ................ . 12 1. Temporary Displacees ..................................... . 13 2. Permanent Displacees ..................................... . 13 3. Summary ............................................... . 17 D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS .. . 17 E. LAST RESORT HOUSING ....................................... . 18 F. IMMIGRATION STATUS ......................................... . 19 G. RELOCATION TAX CONSEQUENCES ............................. . 19 H. GRIEVANCE PROCEDURES ..................................... . 20 I. EVICTION POLICY ............................................. . 20 J. PROJECTED DATES OF DISPLACEMENT .......................... . 21 K. CITIZEN PARTICIPATION ....................................... . 21 L. ESTIMATED RELOCATION COSTS ............................... . 21 80A-6 Table 1: Project Neighborhood Amenities ............................... .......... 4 Table 2: Distribution of Households by Family Size ........................ .......... 6 Table 3: Income Levels .............................................. .......... 7 Table 4: 2000 Census Population -City of Santa Ana 8 Tract 744.03 ......... .......... 7 Table 5: Rental Unit Availability and Cost by Bedroom Size ................. .......... 9 Table 6: Schedule of Fixed Moving Payments ............................ ......... 14 Table 7: Example Computation of URA Rental Assistance Payments ......... ......... 15 Exhibit A: HUD Income Limits -Orange County Exhibit B: Notice of Non-Displacement Exhibit C: Plan Addendum (Public Comments & Response to Public Comments) 80A-7 The following relocation plan (the Plan) has been prepared for submission to the Redevelopment Agency of the City of Santa Ana (the Agency) in conformance with the applicable provisions of the California Relocation Assistance Law (California Government Code Section 7260 et seq.), the Relocation Guidelines (California Code of Regulations Title 25, Chapter6) and Handbook 1378 of the United States Department of Housing and Urban Development (HUD). The subject of the Plan is the rehabilitation ofmulti-family apartment units at 1201-1229 East Wilshire Avenue and 1425-1439 Minnie Street in Santa Ana (the Project) being undertaken by the Wilshire & Minnie, L.P. (the Developer). The Project involves the rehabilitation of 17 apartment buildings and reconfiguration of certain units to create larger sized dwellings in a densely occupied and highly impacted residential area of South Santa Ana. Funding being used to complete the rehabilitation will be from Tax Increment, HOME, and Developer funds. The statutory basis for this Plan arises from the anticipated need to displace households temporarilyoron apermanent basis subjectto qualifying occupancyand income standards to return to the rehabilitated units. The Plan is presented in 4 Sections: Section I: Project description and general demographic data Section II: Profile of tenants who may be displaced Section III: Description of available housing resources Section IV: Description of the relocation assistance program The Plan has been prepared by Overland, Pacific & Cutler, Inc. (OPC) for Wilshire & Minnie, L.P., who is responsible for submitting a plan to the Agency. Prepared by Overland, Pacific F~ Cutler, Inc. Page 1 80A-8 I. PROJECT LOCATION AND DESCRIPTION A. LOCATION The Project is located at the northeastern corner of Standard Avenue and Wilshire Avenue in the City of Santa Ana, encompassing all properties along Wilshire Avenue and northern apartment complexes on Minnie Street, to the west of Interstate 5 Freeway and State Route 55. The Project is generally bounded by East McFadden Avenue to the north, East Borchard Street to the south, South Grand Avenue to the east and South Standard Avenue to the west. (see Figures 1 and 2). ~-b• 4oI1N Cse ~( ~YYOw lul ~~ _. LYrowmee L O S N G E L yke. N-lertl~Mey N~Y~e R:. -..__.~~ ° YA ~YMiusote YUSy WeMRe d e Putlele 0 otixb OYIp 87. oMUeMer w~~r r-. Ne1pYe . Ye1M Loe Serrano YMIIYIere ... .. .___... i Xabe .~ Br. -'.. _. ~ MOII }+YSisa 1 [ A L 1 F-~O R N I G ~e nOe LYMe ~ 1(' ... d0 ..... m0i ~.ca FVaEOpI®.,. ~YSertle ~~® N Nq iQ u ~FYMw arl~ aomnrwm S A N B F R N A R D I N C I.te aPodeY NwFBYe, E W llcoln A. ® ~ n. ~ laYe MAbpvr e~~e FIVER fNlJB11~ O ar .wale-ell .bibs Ave SSe1G Ane® ~~ Sae PeROBay ~ d Nb,s.Aw. FautlYr ~~ ~ o f ei ^ R A ,E '; aro avn H ~ N a ~ 'Pn •~ y ~ 4lewluW ~ m" 'a ® IYtiawl ® CoYla Yoke *. Ol' ~ Lrrs ~ Rswlo SerM le b~ ..:flap Mc NelFOwl° eh1p i l ~ Oul'afSnla eeWne Lplew lees »~ ~`4~'• L N yf; 9 ii rLasur eew co I ht®]BB MiP soa CBrFeONOrds au Iers Al n Ms RSehxa: - ia rigors I: xegional rro~ect t,ocatlon Prepared 6y Overland, Pacific fd Cutler, Inc. Page 2 80A-9 Relocation Plan or the Little Minnie Street Project Santa Ana _ i ~ E McFadden Ave " ~ °1 rn o' 4 Ave ~ Sl m Oxford St 0 I GdRth PI Pro cMbn ffi ~ is i w Sarna Ana y ~ E Wilshire Ave E Elder Ave rn F saran E B0`~'a'0 A4s ~ ~.~~ serna nne E Borchard qve E rn e ~~ Aye v ~ d ~ _ -E. Etlinger. AVe c F yya~~ ~ f v, ¢' T ~ ~ ~. ~ c mane St = a Co Ihl®4005 Microsoa COr andlarits su Ilers. All ri mreservetl. rfgure Z: Yro~ect Site Location B. PROJECT NEIGHBORHOOD CHARACTERISTICS The Project is located in the high density residential area of the City of Santa Ana, close to schools, shopping and with easy access to the I-5 Freeway and State Route 55. Table 1 lists some neighborhood amenities and their distance from the Project. Prepared by Overland, Paafic fd Cutler, Inc. Page 3 80A-10 _ Relocation Plan for the Little Minnie Street Project Santa Ana .Table 1: Project Neighborhood Amenities Facility Miles from Project Medical • Pacific Medical Clinic ~,~ • Medical Center of Santa Ana ~.2 • Tustin Hospital 1.5 School • Madison Elementary p,f • Kennedy Elementary 0.3 • Century High School 0.3 • Lathrop Intermediate School O,g • Cesar E. Chavez High School f,p • Currie a G Middle School t.7 Library • Orange County Public Library O,g • Tustin Branch Library 22 Entertainment • Santa Ana Zoo ~,~ • Fiesta Twin Theatre t,q • Marconi Automotive Museum ~.6 • Bowers Museum of Cultural Arl 2.5 • Edwards Brislol IV Cinema 2.8 Community • Delhi Community Center t.2 Center • Southwest Senior Citizen Center 7,g • EI Modena Community Cenler q,g Police/Safety • South District Police t,g • Tustin Police Department 2.3 Shopping • Stater Bros Markets O,Z • 7-Eleven 0 2 • Nun Brothers Markel 0.3 • Metro Town Square 2.9 • South Coast Plaza 3.3 Transportation • Amtrak -Santa Ana t.s • Greyhound -Santa Ana ~,5 • Amtrak -Anaheim 6 q • Greyhound -Anaheim 6.6 Prepared by Overland, Pacific Fi Cutler, Inc. Page 4 80A-11 _ Relocation Plan for the Little Minnie Street Project Santa Ana C. PROJECT DESCRIPTION The Developer is proposing to rehabilitate the 17 Project buildings and will undertake all needed improvements to the individual units, up to an entire floor at a time. Interior rehabilitation activities will include replacement of major kitchen appliances, new paint and bathroom enhancements as well as replacement of floor coverings, doors and windows as well as reconfiguration tocreate units with larger living space and more bedrooms. Exterior improvements will include the addition, repair or replacement of roofs, staircases, balconies, landscaping, water heaters, decking, trash enclosures, parking lots and building facades. The rehabilitation and construction cycle will last between six weeks to two months per phase and the construction is expected to begin immediatelyfollowing theAgencyapproval and close of escrow in summer of 2007. As a result of the rehabilitation, residents will be required to move temporarily from their units. Upon completion of the rehabilitation, residents will be able to return to a rehabilitated unit in the building/complex if they qualify based on the income restrictions to be imposed to the newly constructed and renewed units. Households exceeding the criteria of 60% of median income will be required to relocate permanently and may be eligible for relocation assistance consistent with the applicable relocation law. Prepared IrY Overland, Pacific £r Cutler, Inc. Page 5 80A-12 A. METHODOLOGY To obtain information necessary for the preparation of this Plan personal interviews were conducted with 135 of 152 occupied households, followed up by efforts to compare gathered information to the data provided by the Developer's property management staff. Data forthis Plan are accurate as of January 3, 2007. Seventeen households could not be reached despite several attempts and the Developer's information, when available, was used for preparation of this Plan. Eleven units were confirmed vacant at the time of the interviews and one unit is and will remain an office. B. SURVEY RESULTS The known resident population within the Project totals 583 individuals. Among this group, there are 392 adults and 191 children. The 164 units included in this Plan now contain 163 rentable one bedroom apartments and one office. 1. Occupancy The breakdown of households by family size is as follows: Table 2: Distribution of Households by Family Size (~sz nousenoids)' # in Household One Two Three Four Five Six #ofHouseholds 6 17 27 58 34 10 There is an average of 3.8 occupants per unit in the Project. In accordance with the State Building Code, all households will meet the necessary occupancy standards and be able to return to a rehabilitated unit in the Project. 2. Household Income Income data were obtained from all 152 affected households. The figures below include income provided by the property management staff for the non-respondent Prepared by Overland, Pacific Fd Cutter, Inc. Page 6 80A-13 Relocation Plan or the Little Minnie Street Project Santa Ana households. According to income standards for the County of Orange (Exhibit A) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD), 24 Project area households qualify as extremely low income (30% or less of median), 55 qualify as very low income (31 %-50% of median), 50 as low income (51%-80% of median), 18 as moderate income (81%- 120% of median), and five qualify as above moderate or high income (over 120% of median) as seen in Table 3 below. Table 3: MEOme Le~rels (168nouseho-ds) Extremely Low Very Low Low (below 60%) Low (above 60%) Moderate High 24 55 18 32 18 5 3. Demographic Summary The ethnic distribution in the Project is 96.7% Hispanic with Spanish reported as their primary household language in majority of households. Four households reported their ethnicity as White and one as Asian with English as their primary language. This generally resembles the rankings and pattern in the Census Tract Area but deviates from the overall Census figures for the City. Table 4:.2000 Census Population -City of Santa Ana & Tract 744.03` Population Tract 744.03 % City White 3,019 47.4% 144,425 42.7% Black or African American 46 0.7% 5,749 1.7% American Indian and Alaska Native 78 1.2% 4,013 1.2% Asian 160 2.5% 29,778 8.8% Native Hawaiian and Other Pacific Islander 11 0.2% 1,160 0.3% Some Other Race 2,690 422% 137,360 40.6% Two or More Races 370 5.8% 15,492 4.6% Hispanic or Latino (of Any Race) 5,861 92.0% 257,097 76.1 Preyared by Oaerland, Pacific tb Cutler, ]ne Page 7 80A-14 Relocation Plan {or the Little Minnie Street Project Santa Ana 4. Profile of Potentially Displaced Residents Funding source requirements limit occupancy in the Project to those households which earn less than 60% of the median income standard adjusted for family size as established bythe United States Department of Urban Development (HUD) (See Exhibit A). Based upon the most currently available tenant income data, there are 55 households whose income exceeds the permitted limit. Of the 55 households to be permanently displaced for not meeting the qualifying income criteria to return to the rehabilitated Project units, 40 will need aone- bedroom replacement unit and 15 will be referred to the two-bedroom units based on a typical occupancy standards allowing up to four persons in cone-bedroom and up to six people in atwo-bedroom unit. The longest known tenure of the 55 potentially permanently displaced households in the Project is 10 years with most households residing in the project between one and three years. There are no senior households (head of household 62 years or older) nor any reported disabilities that could affect the relocation process. When asked, most of the respondents prefer to remain in the Santa Ana neighborhood to remain closeto employment and schools children attend. Alternate communities mentioned were Anaheim, Tustin, Garden Grove and Corona. Prepared by Overland, Pacific £+ Cutler, Inc. Page 8 80A-15 Rehabilitation work in the Project will result in the need to temporarily displace residents from their units. Temporary relocation needs will be met by utilizing available on-site units. The Developer anticipates that all households will be accommodated on-site and no temporary units off-site will be required. Additionally, 55 households exceed the income criteria to return to the Project once the units are rehabilitated. A survey was conducted during the month of December 2006 to determine the availability of rental housing resources within the City of Santa Ana. The results, summarized below, indicate the number of found units by bedroom size, the cost range in each category and median market rent for each category. Housing availability is not expected to be a factor in the relocation process, given the balance between needs and available resources. Table 5: ,,.Rental Unit Availability and Cost by Bedroom Size 1 bedroom 2bedroom 3 bedroom Found 143 47 18 Rent Range $500-$1,160 $935-$1,275 $1,395-$1,600 Market Median Rent $900 $1,100 $1,450 Since it is anticipated that all temporary housing needs will be met by utilizing the on-site units, it is expected that there will be more than adequate resources to house the 55 potentially permanent relocatees. Concurrent Displacement There are currently no known public projects within the City of Santa Ana that would compete with the Little Minnie Street Project for the available existing market housing opportunities. Prepared by Overland, Pacific fa Cutler, Inc. Page 9 80A-16 The relocation program and assistance offered by the Developer will conform to provisions of the California Relocation Law, Government Code Section 7260 et seq., the California Relocation Guidelines, California Code of Regulations Title 25, Chapter 6, as amended January 1, 1998, thefederal Uniform RelocationAssistance and Real Property Acquisition Policies Act of 1970 (URA) and the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), as appropriate. A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES 1. Fully inform eligible project occupants of the nature of, and procedures for obtaining relocation assistance and benefits, including the date and approximate duration of temporary relocation. 2. Determine the needs of each residential displacee household eligible for assistance. 3. Provide an adequate number of referrals with addresses to comparable, decent, safe and sanitary housing units within a reasonable time prior to displacement and supply information concerning the terms and conditions under which the tenant may lease and occupy said housing. 4. Assure that no residential occupant is required to move without a minimum of 90 days written notice to vacate. 4. Provide assistancethatdoesnotresultindifferent,orseparatetreatmentdue to race, color, religion, national origin, sex, sexual orientation, marital status, or other arbitrary circumstances. 5. Supply information concerning federal, and state housing programs and other governmental programs providing assistance to displaced persons, as needed. Prepared by Overland, Pacific & Cutler, Ittc. Page 10 80A-17 _ Relocation Plan for [he Little Minnie Stseet Project Santa Ana 6. Assist each eligible person to complete applications for benefits. 7. Make relocation benefit payments in accordance with State and HUD guidelines. 8. Inform all persons of the Developer's property management policies including criteria for pursuing tenant evictions. B. RELOCATION ADVISORY ASSISTANCE As a function of the overall relocation assistance program, technical and advisory assistance will be provided to all residents by Agency staff, the Developer and contracted relocation representatives. The following services and tasks will be undertaken: 1. Each displaced household will be personally interviewed to gather information appropriate to determine needs and preferences with regard to the replacement of existing accommodations. Inquiries made of residential occupants by relocation personnel will cover the following areas: family size, ethnic background, immigration status, age and health considerations, current employment status, family income, transportation needs, and preferences relative to replacement housing. 2. Non-displaced residents will be provided a formal Notice of Non- Displacement (see Exhibit B). Permanent displacees will be referred to the Agency personnel to determine possible eligibility for assistance under the Section 8 Program. 3. As soon as feasible, the relocation representative shall explain the relocation payments and other assistance forwhich households and individuals maybe eligible, including related eligibility requirements and the procedures for obtaining such assistance. 4. Assistance will be provided to complete rental application forms and coordinate move-in arrangements. Temporary displacees will be kept informed of project timing and receive appropriate notice to prepare for Prepared by Overland, Pacific £> Cutler, lnc. Page 11 80A-18 _ Relocation Ptan or the Little Minttie Sfreet Project Santa Ana required moves. Claims for compensable expenses associated with the temporary displacement process will be processed expeditiously. 5. Special assistance in the form of referrals to governmental and social service agencies will be made, as appropriate. 6. Bilingual (Spanish-English) assistance will be provided, as needed. C. RELOCATION BENEFITS (FINANCIAL ASSISTANCE) Relocation benefits will be offered to all households temporarily or permanently displaced in accordance with the California Relocation Law, Government Code Section 7260 et seq., the California Relocation Guidelines, California Code of Regulations Title 25, Chapter 6, as amended January 1,1998, the federal Uniform Relocation Assistance and Real Property Acquisition PoliciesAct of 1970 (URA) and the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), as appropriate. Benefits will be paid to eligible displaced persons upon submission of required documentation in accordance with approved procedures. Eligibility requirements and benefit plans will be discussed with all temporary and permanent displacees. In the course of personal interviews and follow-up visits, each displacee will be counseled as to available options and the consequences of any choice with respect to housing choices and potential financial assistance. The Developer will process advance payment requests in order to alleviate hardships for tenants who do not have access to sufficient funds to pay move-in costs such as first month's rent and/or security deposits. Requests for advance payments will be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing. The relocation process includes: household interviews; needs analyses; appropriate replacement housing referrals; preparation and service of appropriate notices; file documentation, eligibility determinations, processing of claims; moving coordination; and other general services intended to assist displacees. Prepared lry Overland, Pacific £~ Cutler, Ittc Page 12 80A-19 _ Relocation Plan or fhe Little Minnie Street Project Santa Ana 1. Temporary Displacees Temporary displacees will be entitled to compensation for all reasonable out-of- pocketexpenses incurred in connection with the temporary relocation including, but not limited to, the cost of moving to and from the temporarily occupied unit, furniture storage, utility connection charges, and any increase in housing costs, if any. 2. Permanent Displacees a. Residential Moving Expense Payments All residential occupants to be relocated will be eligible to receive a payment for moving expenses. Moving expense payments will be made based upon the actual cost of a professional move or a fixed payment based on a room- count schedule. i. Actual Cost (Professional Move) Displacees may elect to have a licensed professional mover perform the move. The actual cost of the moving services, based on at least two acceptable bids, will be compensated by the Developer in the form of a direct payment to the moving company upon presentation of an invoice. Transportation costs are limited to a distance of 50 miles in either case. In addition to the actual move, costs associated with utility re-connections (i.e., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement. ii. Fixed Payment (based on Room Count Schedule) An occupant may elect to receive a fixed payment for moving expenses which is based on the number of rooms occupied in the displacement dwelling. In this case, the person to be relocated takes full responsibility for the move. The fixed payment includes all utility connections as described in (a), above. Prepared 6y Overland, Pacific Fy Cutter, Inc. Page 13 80A-20 Relocation Plan for the Little Minnie Street Project Santa Ana At a minimum, the fixed schedule payment for single occupancy efficiency units, furnished with the tenants own personal property, is $625 including all utility connections at the replacement location. The current schedule for fixed moving payments is set forth in Table 6 following: Table 6: Schedule of Fixed Moving Payments (effective s-15-o5) Unfurnished Dwelling One room $625 Two rooms $800 Three rooms $1,000 Four rooms $1,175 Five rooms $1,425 Six rooms $1,650 Seven rooms $1,900 Eight rooms $2,150 each additional room $225 Furnished Dwelling First Room $400 Each additional room $65 b. Rental Assistance To qualify for a rental assistance payment, tenants who are permanently displaced must have legally occupied their Project residence for a minimum of 90 days prior to the Developer's acquisition of the property. To be eligible to receive the rental assistance benefits the displaced tenant households have to rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the displacement dwelling. Tenants who occupied the property less than 90 days and have not occupied the property for the sole purpose of obtaining benefits, may be entitled to benefits under Last Resort Housing provisions. Prepared 6y Overland, Pacific £~ Cutler, Ine Page 14 80A-21 Relocation Plan for the Little Minnie Street Project Santa Ana Based upon the available data regarding Project displacees, the permanently displaced households may qualify and may be eligible to apply for relocation benefits under URA provisions. Utility allowance amounts are based upon the standards of the local housing authority for a similar type dwelling unit assuming services include gas, water and electric utilities. Table 7 portrays the benefits determination under the URA: Table 7: Example Computation of URA Rental Assistance Payments 1. Old Rent $650 Old Rent, plus Utility Allowance or 2. Ability to Pay $700 30% of the Gross Household Income 3. Lesser of lines 1 or 2 $650 Base Monthly Rental Subtracted From: 4. Actual New Rent $750 Actual New Renf including Utility Allowance or 5. Comparable Rent $775 Determined by Authority; includes Utility Allowance 6. Lesser of lines 4 or 5 $750 7. Yields Monthly Need: $700 Subtract line 3 from line 6 Rental Assistance $4,200 Multiply line 7 by 42 months Rental Assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: (i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or (ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person. Prepared by Overland, Pacific Fa Cutler, /nc. Page75 80A-22 Relocation Plan for the Little Minnie Streei Project Sattta Ana The base monthly rent for the displacement dwelling is the lesser of: (i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period priorto displacement, as determined by the Developer. For owner-occupants or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or (ii) Thirty percent (30%) of the displaced person's average, monthly gross household income if the amount is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs. HUD's Survey is shown as Exhibit A. If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling; or (iii) The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities. c. Downpayment Assistance The displacee household may opt to apply the entire benefit amount they are eligible for toward a purchase of a replacement unit (Guidelines 49 CFR 24.4O2(b) and HUD 1378). Permanently displaced households, who choose to utilize up to the full amount of their rental assistance eligibility (including any Last Resort benefits) to purchase a home, will have the funds deposited in an open escrow account, provided that the entire amount is used for the downpayment and eligible, incidental costs associated with the purchase of a decent, safe, and sanitary replacement home. Provision shall be made in the escrow arrangements for the prompt return of the Developerfunds, inthe event escrow should fait to close within a reasonable period of time. Prepared by Oaerland, Pacific F~ Cutler, Inc. Page 16 80A-23 Relocation Plan for the Little Minnie Street Project Santa Ana 3. Summary All Project area residents will be personally informed in writing of their status as a temporary or permanent dispfacee and will be provided advance written notice of the date, approximate duration and location of the temporary dwelling to be made available. Each affected household will receive printed information concerning the benefits and assistance to which they may be entitled and the terms and conditions under which the tenant may lease and occupy a suitable dwelling in the building/complex upon completion of the project. Temporarydisplaceeswill beprovided compensation forreasonable and necessary out-of-pocket expenses. All temporary displacement needs will be accommodated on-site and should not exceed 60 days. The Developerwill make timely payments to all eligible claimants. This may include, where necessary to avoid hardship, advance payments to help secure appropriate replacement housing. D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the Developer no later than 18 months from the date the claimant moves from the acquired Project property. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: 1. Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance to OPC staff. 2. Recommended assistance amounts will be determined by OPC in accordance with the provisions of URA. 3. Required claim forms will be prepared by OPC staff for claimant signature. Prepared by Overland, Pacific fa Cutler, Inc. Page 17 80A-24 Relocation Plan for the Little Minnie StreetProject Santa Ana 4. Claims will be submitted by OPC staff to the Developer for review, approval, and payment. 5. Benefit checks will be issued to OPC for distribution to claimants. 6. Replacement housing payments to residential occupants will be issued approximately three weeks after confirmation that the Project premises have been vacated and residency at the replacement unit is verified, with final payments being made as a lump sum or possibly on a periodic basis. 7. Receipts of payment will be obtained and archived by OPC staff in individual relocation case files. E. LAST RESORT HOUSING Based on data derived from the surveys and analyses of the occupants in the Project area and costs of replacement housing resources, it is anticipated that "comparable replacement housing" will not be available as required within the maximum relocation amounts provided by the applicable regulations. Specifically, when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceed 30% of the person's average monthly income. Therefore, if the Project proceeds, the Developer will authorize its funds orfunds authorized for the Project to provide housing of last resort. Due to the demonstrated number of available replacement housing resources for the occupants, as shown above in Section I II, development of a replacement housing plan to produce sufficient numberof comparable replacement dwellings will not be necessary. Rather, funds will be used to make payments in excess of the monetary limits specified in the statute; hence, satisfying the requirement that "comparable replacement housing" be available. A permanently displaced household will be entitled to consideration for supplementary benefits in the form of Last Resort Housing assistance when comparable replacement dwellings are not available within the monetary limits for tenants ($5,250) as specified above in Section IV, C.1.b., as well as, for tenants who fail to meet the 90 day length of Prepared by Overland, Pacific Fd Cutler, Inc. Page 1 S 80A-25 Relocation Plan for the Little Minnie Street Project Santa Ana occupancy requirement unless such tenant occupied the property for the purpose of obtaining assistance and benefits. The Developer will have the option to pay Last Resort rental assistance payments on a periodic basis or in a lump sum. Recipients of Last Resort assistance who intend to purchase rather than re-rent replacement housing, have the right to request a lump sum payment of all benefits for the purpose of making a downpayment and paying standard, non-recurring closing costs. Displacee households receiving periodic payments may elect, at any time, to request a lump sum payment of all remaining benefits to assist with the purchase of a decent, safe, and sanitary dwelling. F. IMMIGRATION STATUS Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien's spouse, parent or child. The Developer may elect to authorize the payment of relocation assistance benefits to any otherwise eligible displacee from non-federally authorized reimbursable funds. In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years and older. G. RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1968, or the Personal Income Tax Law, Part 10 of the Revenue and Taxation Code. Displaced persons are encouraged, however, to consult with personal tax advisors concerning the tax consequences orsocial service providers to obtain information concerning the tax consequences associated with relocation payments. Prepared by Overland, Pacific F~ Cntler, Inc. Page19 80A-26 _ Relocation Platt or the Little Minnie Sfreet Project Santa Ana H. GRIEVANCE PROCEDURES The Developer's Grievance Policy follows the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. All displaced persons have the right to ask for administrative review concerning determinations of eligibility; relocation payment amount; the failure by the Developerto provide comparable replacement housing referrals; or, the property management practices of the Developer. I. EVICTION POLICY 1. Eviction may affect eligibility for relocation assistance and benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken for one, or more of the following reasons: (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and/or illegal act in the unit; (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice; (d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of offers of replacement dwellings; and/or, (f) A requirement under State, or local law or emergency circumstances Prepared by Overland, Pacific & Cutler, Inc. Page 2D 80A-27 Relocation Plan for the Little Minnie Street Project Santa Ana that cannot be prevented by reasonable efforts on the part of the Developer. J. PROJECTED DATES OF DISPLACEMENT It is anticipated that 90-day Notices-to-Vacate will be issued to the permanent displacees in summer of 2007 and the first temporary relocatees approximately 60 days later. K. CITIZEN PARTICIPATION The Developer will fully meet its obligations under the Relocation Guidelines with respect to the following activities: 1. Full and timely access to documents relevant to the relocation program; 2. Provision of technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 3. Distribution of a general notice concerning the availability of this Plan for public review, as required, 30 days prior to its proposed adoption. Notice recipients will include affected Project residents and all other interested parties; 4. The opportunity to submit written or oral comments concerning the Plan and to have these comments attached to the Plan when it is forwarded to the Agency Board for adoption; 5. Final review of Plan to ensure its feasibility, compliance with applicable environmental standards and compatibility with the City's General Plan and relocation guidelines. L. ESTIMATED RELOCATION COSTS The Project will be funded with a combination of local, state, federal and Developer funds. The estimate of relocation benefits is based on tenant data and current market rental rates. Prepared 6y Overland, Pacific £d Cutler, Inc. Aage 21 80A-28 Relocation Plan for the Litfle Minnie Street Project Santa Ana Estimated relocation costs for the Project are $363,000. The estimated relocation budget does not include consideration of relocation administrative services nor any related consulting services which may be necessary for the implementation of the Plan and Project. Prepared 1iJ Overland, Pacific Fi Cutler, Inc. Page 22 80A-29 80A-30 80A-31 The following figures are approved by the U. S. Department of Housing and Urban Development (H.U.D.) for use in the County of Orange to define and determine housing eligibility by income level. Figures are per the Department of Housing and Community Development, Division of Housing Policy Development, March 8, 2006. HUd Income Limits - Orrapge Courtty+(2006) Fatuity Stze Extremely Low- Very 4ow , Low Moderatie 1 Person 17,050 28,400 45,450 65,800 2Person%': 19,500 32,450 51,900 75,200 3 Person 21,900 36,500 58,400 84,600 4 Person 24,350 40,550 64,900 94,000 ',5 Person 26,300 43,800 70,100 101,500 6 Person ' 28,250 47,050 75,300 109,000 7Person' 30,200 50,300 80,500 116,600 8 Person 32,150 53,550 85,650 124,100 80A-32 80A-33 zoos Dear The Wilshire & Minnie, L.P. (Developer) has submitted an application for financial assistance with the City of Santa Ana to rehabilitate the building which you occupy. This notice is to inform you that, if the assistance is provided and the building is rehabilitated, you will not be required to move permanently. Therefore, we urge you not to move anywhere at this time. (If you elect to move for reasons of your choice, you will not be provided relocation assistance.) You will be able to lease and occupy your present apartment (or another suitable, decent, safe and sanitary apartment in [he same building/complex), owned by the Developer, upon completion of the rehabilitation. Ofcourse, you must comply with standard lease terms and conditions. After the rehabilitation, your initial rent, including the estimated average monthly utility costs, will not exceed the greater of (a) your current rent, or (b) 30 percent of your average monthly gross household income. Households moved to larger sized units to satisfy state occupancy standards will be charged rents at a level based upon the relocation plan prepared by Overland, Pacific & Cutler, Inc. If you must move temporarily so that the rehabilitation can be completed, suitable housing will be made available to you for the temporary period, and you will be reimbursed for all reasonable extra expenses, including all moving costs and any temporary increase in housing costs. As a result of the necessity for temporary relocations, the Developer is required to prepare a Relocation Plan to assess the relocation needs of those being temporarily displaced as well as to identify the relocation program that will be followed to assist in the relocation of occupants. Therefore, the Developer has retained Overland, Pacific & Cutler, Inc. (OPC) to prepare an assessment of your relocation needs. In order [o prepare this relocation plan, OPC staff will need to conduct personal interviews with you in order to prepare this Plan. Again, we urge you not to move. If the project is approved, you can be sure that we will make every effort to accommodate your needs. Because Federal assistance is involved, you would be protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This letter is important and should be retained. You will be contacted soon. In the meantime, if you have any questions or want to schedule an appointment for the personal interview, please contact Craig Justesen of Overland, Pacific & Cutler, Inc., 100 West Broadway, Suite 500, Long Beach, CA 90802-4432, telephone (562) 304-2000. Sincerely, [NAME) [TITLE] [AGENCY] 80A-34 80A-35 REPLACEMENT HOUSING PLAN Statement of Pumose and Objective This Replacement Housing Plan is prepared in accordance with California Health and Safety Code Section 33413. The project consists of the acquisition and reconfiguration of seventeen apartment buildings. The reconfiguration will result in the removal of the following multifamily residential units: 1201 E. Wilshire units 2 and 6, 1209 E. Wilshire units 2 and 6, 1213 E. Wilshire units 2 and 6, 1221 E. Wilshire units 2 and 6, 1225 E. Wilshire units 2 and 6, 1229 E. Wilshire units 2 and 6, 1233 E. Wilshire units 2, 5, 8, and 11, 1401 S. Minnie units 2 and 8, 1439 S. Minnie units 2 and 8. These units are all one bedroom in size, and are occupied by low-, very low- and moderate-income households. Therefore they are subject to replacement in accordance with the legal requirements of the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.). Replacement units will initially be made available for occupancy at any time during the period beginning one year before the Agency's submission of the information required under the plan and ending four years after commencement of reconfiguration. All replacement housing will be provided within four years of commencement of demolition. Before entering into a contract committing the Community Redevelopment Agency of the City of Santa Ana to provide funds for the proposed activity that will result in removal of units from the low-, very low- and moderate-income housing market the Agency will make public by publication in a newspaper of general circulation the information listed below. Project Propertv Description The affected properties are shown on the map attached as Attachment 1. Each property is listed by address with parcel number and number of bedrooms in Attachment 2. Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.) all occupied and vacant occupiable units will be replaced in kind. Replacement Housing Units Attachment 3 delineates by number of bedrooms the location where the replacement units are or will be located. Income Level of Replacement Units The replacement dwelling units will be affordable and occupied exclusively by tenants with the same income levels as the persons displaced from the dwelling units that are Exhibit 3 80A-36 being removed from the low-, very low- and moderate-income housing market. Therefore, all units will be made affordable to low-, very low- and moderate-income households. Funding Source The Agency and the City of Santa Ana have committed sufficient Tax Increment funds to finance the acquisition and demolition and the required replacement units. Low/Moderate Income Assurance All agreements related to replacement housing units will contain a covenant guaranteeing units remain available at affordable housing cost to, and occupied by, persons and families oflow-income, very low-income, and moderate-income households for not less than 55 years for rental units and 45 years for homeownership units, as required by the Health and Safety Code Section 33413. Article 34 Compliance The replacement housing to be provided pursuant to this Replacement Housing Plan does not require the approval of the voters pursuant to Article 34 of the California Constitution, in that all of the replacement housing units fall within exceptions to the definition of "low-rent housing project" in California Health and Safety Code 37001. Availability of Plan In accordance with the Community Redevelopment Law, a copy of this Replacement Housing Plan will be made available for review and comment by other public agencies, and the general public during regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Friday in the offices of the Housing Department, 20 Civic Center Plaza, 3`d Floor, Community Redevelopment Agency, 20 Civic Center Plaza, 6~h Floor, and in the office of the City Clerk, 8`h floor, Santa Ana, California. 80A-37 W 2 W a wl~ rn O%FORD STREET GRIFFI7H PLACE '.. WILSNIRE AVENUE z w I O w ~ ~ WILSHIRE AVENUE ~"~~T ~ ta~a w ...... F hfU9 tA7~i ._.. .. _.... ........ 142? 742a -----._-.___ _----------- w __._. Ian z _. _.. z rasa tom, BORCHARD AVENUE ,,_, n a 0 a N --{ MADISON AVE. W1LSHIRE w w x w w z a N RORCHARp AVENUE ~ n ~ r-n AVENUE AVENUE Attachment 1 80A-38 EDINGER LIST OF UNITS TO BE REMOVED A.P.N. Address Removal Bedrooms Use Date 014- 1201 E. Wilshire, 2007 One Multifamily 251-41 Unit 2 Dwellin Unit 014- 1201 E. Wilshire, 2007 One Multifamily 251-41 Unit 6 Dwellin Unit 014- 1209 E. Wilshire, 2007 One Multifamily 251-42 Unit 2 Dwellin Unit 014- 1209 E. Wilshire, 2007 One Multifamily 251-42 Unit 6 Dwellin Unit 014- 1213 E. Wilshire, 2007 One Multifamily 251-43 Unit 2 Dwellin Unit 014- 1213 E. Wilshire, 2007 One Multifamily 251-43 Unit 6 Dwellin Unit 014- 1221 E. Wilshire, 2007 One Multifamily 251-44 Unit 2 Dwellin Unit 014- 1221 E. Wilshire, 2007 One Multifamily 251-44 Unit 6 Dwellin Unit 014- 1225 E. Wilshire, 2007 One Multifamily 251-45 Unit 2 Dwellin Unit 014- 1225 E. Wilshire, 2007 One Multifamily 251-45 Unit 6 Dwellin Unit 014- 1229 E. Wilshire, 2007 One Multifamily 251-46 Unit 2 Dwellin Unit 014- 1229 E. Wilshire, 2007 One Multifamily 251-46 Unit 6 Dwellin Unit 014- 1233 E. Wilshire, 2007 One Multifamily 251-47 Unit 2 Dwellin Unit 014- 1233 E. Wilshire, 2007 One Multifamily 251-47 Unit 5 Dwellin Unit 014- 1233 E. Wilshire, 2007 One Multifamily 251-47 Unit 8 Dwellin Unit 014- 1233 E. Wilshire, 2007 One Multifamily 251-47 Unit 11 Dwellin Unit 014- 1401 S. Minnie, 2007 One Multifamily 251-48 Unit 2 Dwelling Unit 014- 1401 S. Minnie, 2007 One Multifamily 251-48 Unit 8 Dwellin Unit 014- 1439 S. Minnie, 2007 One Multifamily 251-17 Unit2 Dwellin Unit 014- 1439 S. Minnie, 2007 One Multifamily 251-17 Unit 8 Dwellin Unit Attachment 2 80A-39 LIST OF PROJECTED REPLACEMENT UNITS Parcel Address of Replacement Bedrooms Date To Re lace Re lacement APN Available 1201 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1201 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 6 1209 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1209 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 6 1213 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1213 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 6 1221 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1221 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 6 1225 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1225 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 6 1229 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1229 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 6 1233 E. Wilshire, 1501 N. Ross 005-112-19 One 2007 Unit 2 1233 E. Wilshire, 1411 N. Durant 398-522-25 One 2007 Unit 5 1233 E. Wilshire, 1411 N. Durant 398-522-25 One 2007 Unit 8 1233 E. Wilshire, 1411 N. Durant 398-522-25 One 2007 Unit 11 1401 S. Minnie, Unit 1411 N. Durant 398-522-25 One 2007 2 1401 S. Minnie, Unit 1411 N. Durant 398-522-25 One 2007 8 1439 S. Minnie, Unit 1029 S. Minnie 011-257-14 One 2007 2 1439 S. Minnie, 1029 S. Minnie 011-257-14 One 2007 Unit 8 Attachment 3 80A-40 1/23/07 les RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY 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 STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana ("Council") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency ("Agency") is assisting Wilshire/Minnie, L.P. with the acquisition and rehabilitation of real property 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 Street ("the Property"). B. The Property is comprised of seventeen buildings which currently have 164 one bedroom units. After the rehabilitation and reconfiguration, there will be 144 units with a mix of 1, 2, 3, and 4 bedroom sizes, with occupancy restricted to households with annual incomes at or below 60 percent of area median income. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. D. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25), as well United States Department of Housing and Urban Development regulations. E. The relocation plan is required because of the displacement of fifty five households due to the reduction in the number of units and the income restrictions imposed by the Low Income Housing Tax Credit Program. Resolution No. 2007- 80A-41 1/23/07 les Section 2: The City Council hereby approves the relocation plan for the residential properties located at the aforementioned addresses, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2007- 80A-42 1/23/07 les ADOPTED this day of Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: 2007. Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- 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- 80A-43 80A-44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 5, 2007 TITLE: CONTRACT AMENDMENTS FOR THE CITY HALL PARKING GARAGE CITY MANAGER RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a third amendment to the professional services agreement with Gordon & Williams, Inc. in the amount of $3.36 million for a total contract in the amount of $9.36 million to provide program management services for construction of the parking structure in front of City Hall. 2. Adopt a resolution authorizing and directing the execution of certain lease financing documents related to construction of the parking garage, and authorizing and directing certain actions with respect thereto. SANTA ANA FINANCING AUTHORITY ACTION Adopt a resolution authorizing and directing the execution of certain lease financing documents related to construction of the parking garage, and authorizing and directing certain actions with respect thereto. DISCUSSION On June 20, 2005, the City Council approved a purchase and sale agreement with the State of California for the sale of the property on the northwest corner of Santa Ana Boulevard and Ross Street, for the new Fourth District Court of Appeal. The City agreed to the demolition of the vacant jail facility and the preparation of the site for the State 80B-1 Contracts Amendments for The City Hall Parking Garage March 5, 2007 Page 2 funded construction of the courthouse. The City also agreed to construct a 300 space parking structure in front of City Hall. With construction of the new parking structure nearing completion, a review of all pre-architectural design elements relating to the new State Appellate Court and surrounding site was initiated. It was determined that in order to maintain a consistent level of design and provide a welcoming experience for all visitors and Civic Center employees an upgrade to the approximately 50 year infrastructure surrounding the parking structure is required. The proposed improvements would incorporate a redesigned entry into the Civic Center parking area as well as new hardscape, landscaping, and security lighting surrounding the new parking structure. In addition, a new plaza entrance between the parking structure and City Hall would be developed as well as revamping ADA access to the Council Chambers for visitors. Finally, the State's final design provides for additional improvements which includes security fencing; and the County has requested that a new electronic entry system be incorporated within the new entry design. The County has committed to reimbursing the City $885,000 for the new the entry system. In order to fund the additional project costs as well as any escalated material costs, the original lender (All Points Capital) was contacted to evaluate different options. The recommended financing option would supplant the first bond allowance of $5.9 million with a new bond totaling $8.47 million. Since interest rates have increased from the original financing term of 4.71% to 4.95°x, All Points Capital has agreed to maintain the favorable terms under the first financing by providing a blended rate of 4.78. The new rate would reflect the same total payment as if the City would have selected to maintain two distinct bonds. Total annual payments would increase from $475,000 to approximately $680,000 under the new financing terms. It is anticipated that the parking garage will be completed in early March 2007 with the site work completed by June 2007. The State plans to begin construction of the courthouse facility by late summer 2007 and move the court personnel into their new permanent home in the Santa Ana Civic Center by the end of 2008. FISCAL IMPACT Funds for construction of the parking garage site work and preparation of the courthouse development site will be generated from the financing and will be available in the capital projects account for the Civic Center 80B-2 Contracts Amendments for The City Hall Parking Garage March 5, 2007 Page 3 Parking Structure Project (account no. 51-012-6621, Project No. 2740)and the Civic Center Improvements Other Than Buildings Fund (account no. 74- 243-6631) . r ~_.. ~ James G. oss Executive Director Public Works Agency '_~ APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~~~ Francisco Gutierrez Executive Director Finance & Management Services Agency 80B-3 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council (the "Council") of the City of Santa Ana (the "City") hereby finds, determines and declares as follows: A. The City proposes to finance the costs of the construction of a parking structure on City-owned property located adjacent to the proposed State Appellate Court Building in Santa Ana, California (the "Improvements"); B. In 2005, the City entered into alease/leaseback transaction with the Authority to finance the Improvements and the City agreed to make lease payments to the Authority with a principal component of $5,970,000 and an interest component calculated at the rate of 4.71 % per annum; C. The Authority assigned its right to receive the lease payments to All Points Public Funding, LLC ("All Points") which advanced the principal component of the lease payments to the City to finance the Improvements; D. The City experienced construction cost increases, utility undergrounding complications and other problems in connection with the Improvements and requires additional funds to complete the Improvements; E. The City approached All Points to finance the remaining amounts required for the Improvements and All Points agreed to do so on substantially the same terms as the original 2005 transaction; F. The City and All Points agreed that the City would prepay the 2005 lease agreement, with no prepayment penalty, and would enter into a new lease/leaseback transaction that would provide for the total amount required to finance the Improvements; G. The City has determined to enter into a new site lease (the "Site Lease") and a new lease agreement (the "Lease Agreement") with the Authority with a total principal component of $8,470,000 and an interest component calculated at the rate of 4.78191 % per annum; Resolution No. 2007- 80B_A Page 1 of 3 H. The Authority will assign its rights under the Site Lease and the Lease Agreement to All Points; It is in the public interest and for the public benefit that the City authorize and direct execution of the Site Lease and the Lease Agreement with the Authority and certain other financing documents in connection therewith; and J. The documents below specified have been filed with the City and the members of the Council, with the aid of its staff, shall review said documents; Section 2. The below-enumerated documents be and are hereby approved, and the City Manager, the Executive Director of Finance and Management Services, or the designee of any such official, is hereby authorized and directed to execute said documents, with such changes, insertions and omissions as may be approved by such official, and the City of the Council is hereby authorized and directed to attest to such official's signature: A. A termination agreement, by and among the City, the Authority and All Points, terminating all documents relating to the 2005 lease/leaseback transaction; B. The Site Lease, by and between the City, as lessor, and the Authority, as lessee, pursuant to which the City will lease certain real property (the "Site") to the Authority; C. The Lease Agreement, by and between the Authority, as lessor, and the City, as lessee, pursuant to which the Authority will lease the Site and the Improvements back to the City, in a principal amount equal to $8,470,000, with a final payment date of May 1, 2026, and with an interest component of 4.78191 % per annum; and D. A reimbursement agreement, by and between the City and the Community Redevelopment Agency of the City of Santa Ana (the "Agency"), pursuant to which the Agency will agree to reimburse the City for payments made by the City under the Lease Agreement, to the extent such amounts are available. Section 3. The firm of Northcross Hill & Ach Inc. is hereby retained as financial advisor to the City in connection with the lease financing approve by this resolution. The City Manager is authorized to execute a financial advisory agreement with such firm in such form as shall be approved by the City Attorney. Section 4. The firm of Quint & Thimmig LLP is hereby retained as bond counsel to the City in connection with the lease financing approve by this resolution. The City Manager is authorized to execute a financial advisory agreement with such firm in such form as shall be approved by the City Attorney. Resolution No. 2007- Page 2 of 3 80B-5 Section 5. The City Manager, the Executive Director of Finance and Management, the City of the Council and all other appropriate officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this resolution and the financing herein authorized. Section 6. This Resolution shall take effect upon its adoption by this Council. ADOPTED this 5th day of March, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, ,Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on March 5, 2007. Date: Clerk of the Council City of Santa Ana Resolution No. 2007- Page 3 of 3 ~:~i