HomeMy WebLinkAbout FULL PACKET_2013-11-04MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
OCTOBER 21, 2013
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:10 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
NONE
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS
• Barbara Lamere, member of Windsor Village Neighborhood Association,
commented on need for open space at Centennial Park; land granted by Federal
government to be used for recreational purposes.
• Steve McGuigan, representing Riverview West Neighborhood Association, spoke of
Santa Ana College facilities at Centennial Park
o Executive Director of Parks, Recreation and Community Services, Gerardo
Mouet indicated that matter would be agendized at upcoming Parks,
Recreation, Education, and Youth Council Committee meeting.
• Patricia Michel, member of Windsor Village Neighborhood Association, commented
on loss of open space due to other users at Centennial Park.
• Alex Vega, supports open space; no additional educational facilities needed.
CITY COUNCIL MINUTES
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OCTOBER 21, 2013
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters
without members of the public present. The City Council finds, based on advice from the City Attorney,
that discussion in open session of the following matters will prejudice the position of the City in existing
and anticipated litigation:
1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
Dawna Cooper v. City of Santa Ana; Workers' Compensation Appeals
Board case #ADJ6643646
Dianna Lee v. City of Santa Ana; Workers' Compensation Appeals Board
case #ADJ8138541; AHM0117703; AHM0052954
1B CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8.
Address of Property: Centennial Education Center
2900 W. Edinger Avenue, Santa Ana, 92704
Negotiators: City Manager David Cavazos, Parks,
Recreation & Community Services Agency
Director Gerado Mouet and Chancellor of the
Rancho Santiago Community College District
(RSCCD) Raul Rodriguez
Terms under Negotiation: Price and Terms of Lease
CLOSED SESSION REPORT — See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:05 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 OCTOBER 21, 2013
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3101Z
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:06 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
NONE
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
INVOCATION ERIC WAKELING, POLICE CHAPLAIN
OATH OF OFFICE administered to David Cavazos, City Manager by Clerk of the
Council.
PRESENTATIONS
SPECIAL PRESENTATION by MAYOR AND CITY COUNCIL recognizing former Santa
Ana Police Officer, Jose Vargas' lifelong service to the community and dedication of the
Jose Vargas Community Affairs Office.
PROCLAMATION presented by COUNCILMEMBER MARTINEZ recognizing Hispanic
Heritage Month. Accepting the Proclamation is Sandra Cervantes, owner of Miniondas
Newspaper.
CITY COUNCIL MINUTES 3 OCTOBER 21, 2013
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CLOSED SESSION REPORT — City Attorney Carvalho reported on items listed on
Consent Calendar, Agenda Item 19A.
Penguin
PUBLIC COMMENT
1. Steve Rocco, commented on restraining order and recall effort.
2. Sam Romero, member of Santa Ana Business Council, request opportunity to bid
on Fiestas Patrias; commented on saturation of businesses selling alcohol;
suggest publication of pending Alcohol and Beverage Control license applications.
3. Carlos Aguilar, local artist, noted that he has been awarded #1 mural in County;
request bid on wall at Santa Ana Plaza.
4. Christina Rush, member of Bristol Street Business Owners Coalition, commented
on grass roots efforts to protect businesses; thanked members of the City Council
for meet and greet opportunity; 650 petitions signed in support of businesses;
encourage aesthetic improvements.
5. Lou Biue, architect working with Coalition proposed incorporating original design
ideas into alternative plan; reduce driveways; establish reciprocal parking; fagade
upgrades; creates urban space on north side for pedestrians; shaded parking
stalls; and solar energy for electric cars; would like to work with staff in completing
design together.
6. Jeronimo Chavez, business owner on Bristol Street; noted that there were no
properties available if he had to relocate - may have to go outside of City limits;
Coalition reviewing alternatives and opined that it would be a win -win for all
involved; Washington to 17th Street expansion would have a modern plan with
consistent look.
7. Larry Kaplan, owner of McDonald's on Bristol, Site Plan Review in progress, would
like to collaborate on solutions; traffic noise is of great concern to residents;
landscape and sound wall are possible solutions
8. Dr. Kent Ochiai, commented on importance of maintaining north end of the City on
Bristol as an educational and professional business gateway; no need to have
empty open parkways.
9. Dr. Veronica Rosales, dentist on Bristol Street, would like to remain at current
location.
10. Fumiko Demura, Genbu -Kai Karate School, noted that his business has been at
same location for 47 years on Bristol Street, would like to remain at current
location.
11. Dr. Yongjae Lee, urged City Council not to relocate his business.
12. Catalina Hoang Phan, tax business owner on Bristol, would like to continue doing
business at location.
13. Dr. Robert Gonzales, commented on personal relationships built over the years
with area residents that would be broken if business displaced.
14. John Palacios, supports Bristol Street widening and open green space; proposed
alternatives for North Bristol Street businesses.
15. Zeke Hernandez, spoke of displacement issues as a result of the Grand Avenue
widening project.
CITY COUNCIL MINUTES 4 OCTOBER 21, 2013
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16. Alex Vega, commented of family businesses successes and also congratulated
new City Manager David Cavazos.
17. Gayle McLean, retired nurse at Santa Ana Unified School District; supports
businesses along Bristol Street; opined that loss of businesses may affect services
provided to low income and disabled members of our community.
18. Steve McGuigan, invited all to attend the Boo at the Zoo event and elected officials
to tour the Zoo.
19. Matthew Southgate, member of United Artists of Santa Ana, spoke of various arts
advocacy groups in the community.
20. Rosie Rios, urged City Council to establish services and programs to homeless
who do not to qualify for existing programs.
21. Carolyn Torres, spoke in opposition to civil gang injunction in Townsend
neighborhood and proposed social programs.
22. Alicia Rojas, welcomed new City Manager; expressed support of mural at Santa
Ana Plaza, Santa Ana Business Council and SACReD's efforts; spoke on recent
cancellation of contract for mural at Santa Ana Plaza; proposed Ad Hoc Committee
consider matter.
23. Elizabeth Cardenas, spoke in support of arts; suggested art committee to discuss
mural at Santa Ana Plaza.
24. Adriana Alexander, indicated that workshop for arts community held on mural at
Santa Ana Plaza; proposed Ad Hoc committee consider art project - important to
engage community in process.
25. Moises Camacho, opined that Santa Ana is center of arts movement; inquired as
to reason City cancelled contract for mural; City to reconsider contract to move
project forward.
26. Kimberly Duran, spoke on mural at Santa Ana Plaza; also opined that Ad Hoc
committee consider contract.
27. Isidro Perez, spoke on cancellation of contract to produce mural at Santa Ana
Plaza, unfair decision.
• Mayor Pro Tern Tinajero indicated that Parks, Recreation, Education and Youth
Council Committee would agendize matter at upcoming meeting.
28. Laura Montagne, Executive Director of The GRAIN Project, commented on
sustainability and community engagement important in the City - follow the
Phoenix Plan; foster collaboration; also requested assistance in reestablishing the
Santa Ana farmers market.
29. James Stewart, spoke on Agenda Item 31 C - Variance on Parking on Bristol
30. Tish Leon, concerned with pedestrian safety — requested educational programs for
drivers and pedestrians; spoke on computer labs outreach efforts on the strategic
plan, proposed computers made available to the community at all times; thanked
City employees for fitness equipment at senior center.
31. Ellen Diamond, board member of The GRAIN Project; spoke in support of art on
utility boxes; suggested that committee communicate with businesses and project
proponents.
32. Victor Payan, commented on success of 4C Film Fiestas thanked sponsors and
talent available in the City.
33. Pocha Pena, member of United Artist of Santa Ana, requested infrastructure to
support artist, establish fair and transparent process; advocated for more live work
housing; commended PREY committee for considering art programs.
CITY COUNCIL MINUTES 5 OCTOBER 21, 2013
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34. Diane Ashbaugh, spoke in support of utility art boxes that would promote Santa
Ana spirit; information not available on the web.
35. James Kendrick, concerned with pedestrian accidents in the area; proposed that
traffic coming into Downtown area slow down.
36. Beatriz Fernandez, representing Delhi Center, thanked the City for collaborative
efforts on infrastructure improvements at Delhi Center.
37. Debra Russell, spoke on art related matters and expressed support for mural at
Santa Ana Plaza.
38. Alfredo Amezcua, thanked the council for selection of City Manager and welcomed
him to the City.
39. Francisco Barragan, thanked the City Council for recognizing Jose Vargas and
hiring of City Manager.
40. Neyexi Trejo, member of SACReD, thanked the City Council on Strategic Plan
efforts — computers available to complete the survey; commented that on average
most residents spent 30 minutes completing, suggested better translation of
Spanish version and ability to complete in writing.
41. Miriam Lopez, thanked the City Council for community outreach opportunities.
42. Adolfo Lopez, represent Santa Ana Business Council, welcomed new City
Manager; thanked City for recognition of Jose Vargas' service to the community;
commented on traffic speed in downtown area.
43. Raul Yanez, member of Santa Ana Business Council, look forward to working with
new City Manager.
44. Francisco Gomez, representing Pacific Baseball League, concerned that Parks
Policy on field designation displacing Santa Ana residents.
45. Isaac Sandoval, representing Pacific Baseball, commented that their League has
2nd highest number of City residents.
46. Jesus Nieto, owner of Pacific Baseball, disappointed with unfair distribution of
baseball fields.
47. Madeline Spencer, opined that citywide view needed in all decisions.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 31C as
recommended by staff with the following modifications:
• Staff recommendation to continue of Agenda Item 25D for 30 days;
• Councilmember Reyna pulled Agenda Item 22J for separate discussion;
• Councilmember Amezcua abstained on Agenda Item 10A; and
• Councilmember Sarmiento pulled Agenda Item 25A and 25B for separate
discussion.
VOTE: AYES:
CITY COUNCIL MINUTES
SECOND: Tinajero
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
6
1 0A -6
OCTOBER 21, 2013
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Items removed for separate action or modified are highlighted. Separate actions show
the actual vote. Items without votes are adopted as part of the consent motion.
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES OF THE REGULAR MEETING OF SEPTEMBER 16, 2013 -
Clerk of the Council Office
MOTION: Approve Minutes.
'Councilmember Amezcua abstained on Agenda Item 10A
BOARDS I COMMISSIONS i COMMITTEES
13A BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT -
APRIL 2013 THROUGH SEPTEMBER 2013 - Clerk of the Council Office
MOTION: Receive and file Boards and Commissions Biannual
Attendance Report.
13B COUNCIL COMMITTEE REPORTS - Police Department
MOTION: Receive and file the Public Safety Committee Minutes of
June 18 and August 27, 2013.
MISCELLANEOUS ADMINISTRATION
19A CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's
Office
MOTION: Approve settlement agreements:
Dawna Cooper v. City of Santa Ana; Workers' Compensation Appeals
Board case #ADJ6643646; Settlement in the amount of $36,541.
CITY COUNCIL MINUTES 7 OCTOBER 21, 2013
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Dianna Lee v. City of Santa Ana; Workers' Compensation Appeals Board
case #ADJ8138541; AHM0117703; AHM0052954; Settlement in the
amount of $99,000.
19B EXCUSED ABSENCES — None
19C DESTRUCTION OF OBSOLETE CITY RECORDS - Clerk of the Council
Office and Finance & Management Services
MOTION: Approve the requests for the destruction of obsolete
records from various City departments in accordance with the
retention schedule outlined in City Council Resolution 2013 -014.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A AGREEMENT AND APPROPRIATION ADJUSTMENT ACCEPTING
OFFICE OF TRAFFIC SAFETY, SOBRIETY CHECKPOINT GRANT
FUNDS - Police Department
Continued from the September 16, 2013 City Council meeting by a vote of
6 -0 (Amezcua absent).
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute
an agreement subject to non - substantive changes approved by
the City Manager and City Attorney.
AGMT NO. 2013 -160 - With the State Office of Traffic Safety for
Sobriety Checkpoint Grant funds for one year in an amount not to
exceed $157,800.
2. Approve an appropriation adjustment (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2014 -035 - Accepting State of
California, Office of Traffic Safety, Sobriety Checkpoint Grant funds in
an amount of $157,800 in the Office of Traffic Safety revenue account
and appropriate same to expenditure accounts.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
CITY COUNCIL MINUTES 8 OCTOBER 21, 2013
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MOTION: Award in accordance with Request for Council Action.
(Items 22A through 221)
22A SPEC. NO. 13 -055 - SPORTS LIGHTING REPLACEMENT AND REPAIR
- Award a contract to Parkia, Inc. Engineering & Construction for a one -
year period with provision for three, one -year renewals, in an annual
amount not to exceed $60,000 (Parks, Recreation & Community Services
Agency) - Finance & Management Services
22B SPEC. NO. 10 -052 - OFFICE SUPPLIES - Renew the contract with Office
Depot in an annual amount not to exceed $170,000 - Finance &
Management Services
22C SPEC. NO. 11 -044 - SIGNS, HARDWARE AND ACCESSORIES - Renew
the contract with Safeway Sign Company for a one -year period in an
amount not to exceed $125,000 (Public Works Agency) - Finance &
Management Services
22D SPEC. NO. 11 -049 - MULTI -JET WATER METERS — Renew the contract
with Aqua- Metric Sales Company for a one -year period in an amount not
to exceed $125,000 (Public Works Agency) - Finance & Management
Services
22E SPEC. NO. 12 -011 - MISCELLANEOUS PLUMBING SUPPLIES - Renew
the contracts for a one -year period in an annual aggregate amount not to
exceed $90,000, with the following vendors: - Finance & Management
Services
Vendor
Ferguson Enterprises, Inc.
Irvine Pipe & Supply, Inc.
Location
Pomona
Santa Ana
22F SPEC. NO. 12 -061 - ELECTRICAL SERVICES - Renew the contracts for
a one -year period in an aggregate amount of $200,000 with the following
vendors: - Finance & Management Services
Vendor Location
A.J. Kirkwood & Associates, Inc. Tustin
Williams & Maher, Inc. Santa Ana
CITY COUNCIL MINUTES 9 OCTOBER 21, 2013
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22G SPEC. NO. 12 -076 - WASH AND FILL SAND - Renew the contract with
West Coast Sand and Gravel, Inc. for a one -year period in an amount not
to exceed $75,000 (Public Works Agency) - Finance & Management
Services
22H SPEC. NO. 13 -043 - WATER TREATMENT SALT - Award a contract to
Waterline Technologies for a one -year period, with provision for three,
one -year renewals in an annual amount not to exceed $45,000 (Public
Works Agency) - Finance & Management Services
221 SPEC. NO. 13 -046 - CONCRETE MIXER SYSTEM - Award a contract to
Cart-Away Concrete Systems, Inc. in an amount not to exceed $55,500
(Public Works Agency) - Finance & Management Services
22J SPEC. NO. 13 -048 - CHARTER BUS SERVICE- Finance & Management
Services
Councilmember Reyna concerned with long term agreement. Mayor
Pulido proposed an amendment to the recommendation and allow for
three one -year renewal.
SUBSTITUTE MOTION: Award a contract to Certified Transportation
Services, Inc. for a one -year period with provision for three, one -year
renewals, in an annual amount not to exceed $55,000 (Parks,
Recreation & Community Services Agency and Police Department)
MOTION: Reyna
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
PROJECTS/CHANGE ORDERS
iZ• •_ *0
Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
23A REJECT THE PROPOSAL FOR A NEW PROPANE FUELING STATION
AT THE SANTA ANA CORPORATE YARD (PROJECT NO.111300) -
Public Works Agency and Finance & Management Services
CITY COUNCIL MINUTES 10 OCTOBER 21, 2013
1 0A -10
MOTION: Reject the proposal for the new propane fueling station,
service agreement, and propane supply at the Corporate Yard.
23B CONTRACT AWARD FOR 2013/2014 OMNIBUS CONCRETE
REPLACEMENT CONTRACT (PROJECT NO. 146798) - Public Works
Agency
MOTION:
1. Award a contract to Y &M Construction, Inc., the lowest
responsible bidder, in accordance with unit bid prices, totaling
$283,875 for the construction of the Omnibus Concrete
Replacement Project.
2. Approve the Cost Analysis for a total estimated project delivery
cost of $368,038.
AGREEMENTS
25A AGMT NO. 2013 -161 - MEMORANDUM OF UNDERSTANDING -
Personnel Services Agency
Councilmember Martinez reflected on labor negotiations; thanked union
for leadership, and staff and employees for all coming together to
successfully agree on terms.
Mayor Pulido also thanked all involved.
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreement, subject to non - substantive
changes approved by the City Manager and City Attorney.
Approve a side letter agreement to the Memorandum of Understanding
with the Police Officers Association (POA) regarding wages and other
terms and conditions of employment for a two -year period covering July
1. 2013 — June 30. 2015
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 11 OCTOBER 21, 2013
1 0A -11
25B
25C
ABSENT: None (0)
AGMT NO. 2013 -162 — AMENDMENT - MEMORANDUM OF
UNDERSTANDING — Personnel Services Agency
Councilmember Sarmiento thanked President of POA and outgoing SEW
President Sergio Verino for concluding successful negotiations; thanked
staff.
Councilmember Martinez thanked outgoing SEIU President for
commitment and representing employees well; thanked Personnel
Director.
Mayor Pulido personally thanked union representatives.
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreement, subject to non - substantive
changes approved by the City Manager and City Attorney.
Approve a side letter agreement to the Memorandum of Understanding
with the Service Employees International Union (SEIU) regarding wages
and other terms and conditions of employment for a two -year period
covering July 1, 2013 — June 30, 2015
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non - substantive
changes approved by the City Manager and City Attorney and /or
actions as noted on the Request for Council Action report. (Item 25C
through 25F)
AGMT NO. 2013 -163 - ONE STOP OPERATOR MEMORANDUM OF
UNDERSTANDING - Execute an extension with the Santa Ana W /O /R /K
CITY COUNCIL MINUTES 12 OCTOBER 21, 2013
1 0A -12
Center as the Comprehensive One -Stop Operator for Program Year 2013-
2014 - Community Development Agency
Recommended Action approved by the Workforce Investment Board on
October 8, 2013 by a 5 -0 vote (McMurtray, Claudio, and Korthuis absent).
25D FIRE STATION CAPITAL IMPROVEMENTS — Staff continued matter for
30 days, to the November 18, 2013 City Council Meeting - Community
Development Agency
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25E AGMT 2013 -164 - REMOTE ALARM MONITORING AND
MANAGEMENT SERVICES - With Hadronex, Inc., in an amount not to
exceed $75,000 annually, for a term of one year, with the option to extend
for up to three additional one -year periods exercisable by the City
Manager - Public Works Agency
25F AGMT 2013 -165 - AMENDMENT - DEVELOPMENT PROJECT AND
PROGRAM MANAGEMENT SERVICES - With Keyser Marston
Associates to increase the compensation by an additional amount of
$20,000, for a total aggregate amount not to exceed $70,000 - Community
Development Agency
7PT�Ii�(�ili���
CONDITIONAL USE PERMIT/VARIANCES
31A CONDITIONAL USE PERMIT NO. 2013 -36 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE
PERMIT NO. 2013 -37 TO ALLOW AFTER -HOURS OPERATION, AND
CONDITIONAL USE PERMIT NO. 2013 -38 TO ALLOW A BANQUET
USE FOR THE EL MERCADO RESTAURANT AT 301 NORTH
CITY COUNCIL MINUTES 13 OCTOBER 21, 2013
1 0A -13
SPURGEON STREET - AMARYLLIS LOPEZ, APPLICANT - Planning and
Building Agency
Recommended action approved by the Planning Commission on
September 23, 2013, by a vote of 6 -0 (Alderete absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2013 -36 as conditioned, Conditional Use Permit No. 2013-
37 as conditioned, and Conditional Use Permit No. 2013 -38 as
conditioned.
31 B CONDITIONAL USE PERMIT NO, 2013 -35 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR APPLEBEE'S
RESTAURANT AT 2800 NORTH MAIN STREET, UNIT 868 - PATRICK
EULBERG, APPLICANT - Planning and Building Agency
Recommended action approved by the Planning Commission on
September 23, 2013, by a vote of 5 -0 (Gartner abstained; Alderete
absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2013 -33 as conditioned.
31C VARIANCE NO. 2013 -11 TO ALLOW A REDUCTION IN PARKING FOR
PLANET FITNESS AT 2725 NORTH BRISTOL STREET — ERIC A.
NELSON, APPLICANT - Planning and Building Agency
Recommended action approved by the Planning Commission on
September 23, 2013, by a vote of 6 -0 (Alderete absent).
MOTION: Receive and file the staff report approving Variance No.
2013 -11 as conditioned.
* *END OF CONSENT CALENDAR **
CITY COUNCIL MINUTES 14 OCTOBER 21, 2013
1 OA -14
BUSINESS CALENDAR ITEMS
MISCELLANEOUS ADMINISTRATION (Non- routine)
19D REQUEST FOR PROPOSALS FOR AFFORDABLE RENTAL HOUSING
DEVELOPMENT - Community Development Agency
MOTION: Authorize the Community Development Agency to release
a Request for Proposals to qualified affordable housing developers
seeking proposals for federal HOME funded affordable rental
project(s) to be developed in Santa Ana.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
SECOND: Tinajero
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES (Non- routine)
22K SPEC. NOS. 13 -047, 13 -049, 13 -058 AND 13 -059 - COMPUTERS,
SURVEILLANCE SYSTEM, MEDIA & FURNITURE FOR THE GARFIELD
COMMUNITY CENTER - (Parks, Recreation & Community Services
Agency) - Finance & Management Services
MOTION: Award the following contracts subject to non - substantive
changes approved by the City Manager and City Attorney:
1. Award a contract to Apple, Inc. for the purchase of personal
computers, laptops and video editing software in an amount not
to exceed $110,300; and increase the aggregate limit for
miscellaneous purchases in an amount not to exceed $25,000
annually.
2. Award a contract to Siemens Industry, Inc. for the purchase of a
video surveillance system in an amount not to exceed $69,000.
3. Award a contract to Digital Networks Group, Inc. for the purchase
audiolvideo equipment in an amount not to exceed $58,000.
4. Award a contract to CDS Office Products for classroom furniture
in an amount not to exceed $43,700.
CITY COUNCIL MINUTES 15 OCTOBER 21, 2013
1 0A -15
MOTION: Martinez SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
PROJECTS /CHANGE ORDERS (Non- routine)
23C CONTRACT AWARD FOR GARFIELD EXERCISE PARK (PROJECT
NO.107557) - Public Works Agency; Parks, Recreation & Community
Services Agency; Community Development Agency
MOTION:
1. Award a contract to Hondo Company, Inc., the lowest responsible
bidder, in accordance with unit bid prices, totaling $265,259 for
the construction of Garfield Exercise Park.
2. Approve the Cost Analysis for a total estimated project delivery
cost of $331,603.
MOTION: Martinez
VOTE: AYES:
TI.C�T
ABSTAIN
RESOLUTIONS
SECOND: Sarmiento
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
55A RESOLUTION FOR CENTER STREET URBAN GREENING GRANT
APPLICATION AT JEROME PARK - Parks, Recreation & Community
Services Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2013 -047 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR
GRANT FUNDS FOR THE URBAN GREENING GRANT PROGRAM
UNDER THE SAFE DRINKING WATER, WATER QUALITY AND
CITY COUNCIL MINUTES 16 OCTOBER 21, 2013
1 0A -16
55B
SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION
BOND ACT OF 2006 (PROPOSITION 84)
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
RESOLUTION — MEASURE M2 COMPREHENSIVE TRANSPORTATION
FUNDING PROGRAM GRANT APPLICATIONS - Public Works Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2013 -048 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE
SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE
COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER
THE COMPREHENSIVE TRANSPORTATION PROGRAM
2. Direct staff to amend the Seven -Year Capital Improvement
Program to incorporate the Comprehensive Transportation
Funding Program projects list.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
55C RESOLUTION AND AUTHORIZATION TO SUBMIT BICYCLE
CORRIDOR IMPROVEMENT PROGRAM APPLICATIONS - Public Works
Agency
MOTION: Adopt a resolution.
CITY COUNCIL MINUTES 17 OCTOBER 21, 2013
1 0A -17
RESOLUTION NO. 2013 -049 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMISSION OF
PROJECTS FOR FUNDING UNDER THE BICYCLE CORRIDOR
IMPROVEMENT PROGRAM
MOTION: Martinez
VOTE: AYES:
NOES:
SECOND: Benavides
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
75A PUBLIC HEARING — AMENDMENT TO DEVELOPMENT AGREEMENT
NO. 2007 -01 FOR A NEW MULTI - FAMILY RESIDENTIAL
DEVELOPMENT AT 1901 EAST FIRST STREET — LYON COMMUNITY
DEVELOPMENT, APPLICANT - Planning and Building Agency
Recommended Action approved by the Planning Commission on August
26, 2013 by a 7 -0 vote.
Legal Notice published in the Orange County Reporter and notices mailed
on September 6, 2011
The Mayor opened and closed the Public Hearing at the September 16,
2013 City Council meeting. There were no additional comments received.
Continued from the September 16, 2013 City Council meeting by a vote of
6 -0 (Amezcua absent). Ad Hoc Committee (Mayor Pro Tern Tinajero and
Councilmember Sarmiento) to convene to negotiate the term of the in -lieu
fee and any other matters that may be pending.
Councilmember Sarmiento thanked staff for amendments to development
agreement; comments received from Kennedy Commission in support of
project; 10 affordable units on site as result of concord; commitment to
affordability projects.
Councilmember Benavides suggested water feature at site.
Mayor Pro Tern Tinajero thanked applicant for supporting proposal.
'Councilmember Reyna left the dais at 8:45 p.m. and did not participate in
the final decision of the matter.
CITY COUNCIL MINUTES 18 OCTOBER 21, 2013
1 0A -18
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2013 -050 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE
ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT
NO. 2006 -01 AND APPROVING THE MITIGATION MONITORING
AND REPORTING PROGRAM FOR THE PROPERTY LOCATED AT
1901 EAST FIRST STREET
2. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS -2850 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND LYON HOUSING (FIRST STREET)
XLVIII, LLC
MOTION: Sarmiento
VOTE: AYES:
NOES:
�1P.1
SECOND: Benavides
Amezcua, Benavides,
Sarmiento, Tinajero (6)
Reyna (1)
None (0)
Councilmember Reyna returned to the dais at 8:50 p.m.
O.
•U
CITY MANAGER'S COMMENTS - None
CITY COUNCILMEMBER COMMENTS:
Martinez, Pulido, ,
Councilmember Martinez:
• Met with Bristol Street Business Coalition; suggested study session on
Bristol Street widening project; assure businesses owners that City
willing to work with them; policy decision crucial;
CITY COUNCIL MINUTES 19 OCTOBER 21, 2013
1 0A -19
• Reflected on recent pedestrian fatalities; OCTA Plan is to increase
speed - important to communicate and meet with Board members to
discuss issues; opined that synchronized lights may help; and
• Noted that one year anniversary of passage of Sunshine Ordinance
approaching; staff providing budget update at meeting scheduled for
next Tuesday; commitment to be open and transparent; need to
develop Request For Proposal process on mural project; PREY
Committee to consider matter; important to standardize process and
policy for the arts.
Councilmember Sarmiento
• Welcomed new city manager;
• Congratulate Councilmember Martinez on Active Streets and
Transportation event held at University of California, Irvine; well
attended;
• Thanked all who attended Willard Joint Use ribbon cutting event;
congratulated Parks and Recreation staff who worked collaboratively
with SAUSD to obtain $4.4 million for open space;
• Commented on request from Laura Montagne regarding farmers
market; urged staff to work with The GRAIN Project;
• Noted that Grand Avenue Widening Project will oust La Grande
Panaderia; staff to assist in keeping business in the City; and
• Wished all a safe and sane Halloween.
Mayor Pro Tern Tinajero
• Welcomed OC Register writer Andrew Galvin;
• Commented on adult baseball league's field distribution policy; noted
that League cites 2011 statistics; staff to adhere to policy that is
equitable; and
• Welcomed new City Manager; happy to have strong leadership.
Councilmember Amezcua
• Welcomed City Manager, David Cavazos and thanked Chief Carlos
Rojas for filling in as Acting City Manager;
• Attended ribbon cutting event' at Willard Elementary;
• Thanked staff for strategic plan mobile outreach efforts; and
• Wished all a safe Halloween.
Councilmember Reyna
• Welcome new city manager;
• Thanked Councilmember Benavides for recognizing service of former
Santa Ana Police Office Jose Vargas;
• Concerned with pedestrian safety; attended Walk -to- School event;
• Reported that on October 5th held Convoy of Hope at Jerome Center;
• Invited all to attend Boo at the Zoo; and
• Encouraged all to shop in Santa Ana.
CITY COUNCIL MINUTES 20 OCTOBER 21, 2013
1 OA -20
Councilmember Benavides
• Convoy of Hope event well attended; thanked participants and
community organizations;
• Encouraged all to complete Strategic Plan survey - 2 weeks left to
submit;
• Noted that PREY Council Committee to consider mural project;
• Recognized Councilmember Reyna for hosting Youth Summit at Boys
Club; successful event that mentors and proving leadership skills to
our youth;
• Asked Planning and Building Executive Director Trevino to comment
on utility art box:
o Director Trevino noted that Mayor authorized Ad Hoc committee;
committee met and directed staff to review pilot programs in Long
Beach and San Clemente; models considered by committee; staff
recommends pilot program; full Council to consider art concepts;
and
• Suggest that Public Information Officer send out information to public.
Mayor Pulido
• Welcomed new City Manager;
• Noted City's efforts in the Artist Village over the years; redevelopment
funds had been used to attract restaurants; foodies revolution taking
place with more recognitions coming; and
• Wished all a Happy Halloween.
ADJOURNED - 9:23 P.M. - The next meeting of the City Council is scheduled for
Monday, November 4, 2013 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business
Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center
Plaza, Santa Ana, California.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
Street Car Project Locally Preferred Alignment
Public Hearing on Sexlinger Property
Adoption of Strategic Plan
Harbor Blvd. Mixed -Use Plan
CITY COUNCIL MINUTES 21 OCTOBER 21, 2013
1 OA -21
1 OA -22
MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL COMMITTEE ON
PARKS, RECREATION, EDUCATION AND YOUTH
August 19, 2013
CALL TO ORDER
The regular meeting convened at 5:40 p.m. in the City Hall, 8th floor
Conference Room 831, 20 Civic Center Plaza, Santa Ana, California.
ATTENDANCE
Council members Present Mayor Pro Tem, Sal Tinajero (Chair)
Angelica Amezcua
Roman Reyna
Staff Present: Kevin O'Rourke, Interim City Manager,
Gerardo Mouet, PRCSA Executive Director
Lisa Storck, Assistant City Attorney
Ron Ono, Administrative Services Manager
• Public Present Rubin Smith, AlvaradoSmith Attorney
James Kennedy, Interim Vice President School of
Continuing Education
Michael Collins, Vice President Admin. Services
Miguel Hernandez, OCCCO
Ron Gonzalez, OC Register
• APPROVAL OF MINUTES
o Minutes of July 28, 2013 accepted as presented
• PUBLIC COMMENTS:
o None
• REVIEW STATUS OF ADULT EDUCATION CENTER AT CENTENNIAL PARK
o Gerardo Mouet provided a summary handout and presented the background
of Centennial Park Deed Restrictions and the Career Education Center land
lease and extension.
• Original 30 year land lease for 2.8 acres expired in 2009.
• Five year extension will expire on November 5, 2014.
ee Purpose to explore Land Conversion
❖ City submitted require documents to the National Park Service.
10
PREY Regular Meeting Page 1 August 19, 2013
13B -1
•
❖ National Park Service indicated the land conversion was not of
equal value.
❖ Additional property is needed to bring the land appraised
amount equal.
■ If Land Conversion is approved the College is considering a long term
lease /purchase arrangement with the city to make substantial
improvements to the college campus.
•
Councilmember Reyna indicated the land exchange needs to be equitable.
• Recreational usable value versus passive open space.
• Needs to be a win /win for both the city and college.
•
Gerardo Mouet indicated PREY needs to get update on the additional site
before submitting to the National Park Service.
•
Councilmember Tinajero indicated the new site needs to be an area for kids
to run and recreate.
• College and City needs to be creative on how college can help
upgrade the park or other sites.
•
Gerardo Mouet indicated the College will be providing $300,000 to improve
the Pacific Electric Park.
•
Councilmember Tinajero indicated staff should look into the purchase of the
Dieses Church at Segerstrom.
■ Staff indicated any land purchase must be from a willing seller and not
more than the appraised value.
•
•
City Manager indicated the City Council must be clear on how they would like
the current site used.
• What is the goal?
❖ To keep the college at Centennial Park or to develop the area
as a park.
•
Councilmember Tinajero indicated the Executive Director of PRCSA needs to
work with the College.
•
Rubin Smith indicated the city and college need to work together to get the
work done.
•
Michael Collins indicated there are water and sewer problems on campus and
the parking lot needs to be resurfaced.
•
Rubin Smith indicated can the college purchase additional land and swap the
site with Centennial?
•
Kevin O'Rourke indicated the site needs to be a viable site for recreational
use. We need to move forward on the 5 year lease.
• Staff indicated the National Park Service is considering the approval of
the 5 year extension, provided the city continue to identify an additional
site for the land conversion.
•
Michael Collins asked if the monies needed to be encumbered in 5 years.
•
James Kennedy agreed with the City Manager for the city to process the 5
year extension.
0
PREY Regular Meeting Page 2 August 19, 2013
13B -2
• STAFF UPDATE & COMMENTS
o None
• COMMITTEE MEMBER COMMENTS
• i
ADJOURNED: 6:10 p.m.
Gerardo Mouet
Executive Director, PRCSA
PREY Regular Meeting Page 3 August 19, 2013
13B -3
13B -4
MMIM "9,6L
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
DESTRUCTION OF
OBSOLETE CITY RECORDS
CITYR
i i i •
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 " Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve the requests for the destruction of obsolete records from City departments in accordance
with the retention schedule outlined in City Council Resolution 2013 -014.
DISCUSSION
On April 1, 2013, the City Council approved a Resolution outlining the records retention schedule
for the agencies, departments, and offices of the City. City records are governed by the Public
Records Act which provides the period in which records need to be retained. The Citywide
Records Team compiled the Citywide Records Retention Schedule which sets forth the retention
period for a particular record. The Municipal Code requires that the destruction of a City record be
approved by the City Attorney.
In accordance with Section 56 of the Citywide Records Retention Schedule Resolution, the City
Aftomey has approved the list of records proposed for destruction from the departments as
outlined in the attached documents.
FISCAL IMPACT
There is no fiscal impact associated with this item.
Attachment
19C -1
19C -2
MEMORANDUM
To: Laura Sheedy, Assistant City Attorney
City Attorney's Office
From: Mark Lawrence, Assistant to the City Manager
Date: November 1, 2013
Re: REQUEST FOR DESTRUCTION OF RECORDS
The City Manager's Office requests your consent to destroy city records on the attached listing,
in accordance with the retention schedule outlined in City Council Resolution 2013 -014.
Thank you.
o�
19C -3
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
CITY MANAGER'S OFFICE
2013
RECORD
RECORD
RECORD
EXPIRATION
CATEGORY
SERIES
DESCRIPTION
DATES
Chronological Files
Staff
Memoranda and Correspondence
November 1,
2011 and prior
Correspondence/
November 1,
Chronological Files
Councilmember
Self-explanatory
2011 and prior
Council Requests
Mayor
Inquiries processed for Mayor
November 1,
2011 and prior
Wards 1 through 6
Inquiries processed for Councilmembers
November 1,
2011 and prior
Correspondence
General Correspondence
Self-explanatory
November 1,
2011 and prior
Staff
Inquiries processed for Staff
November 1,
2011 and prior
Monthly Status
City Manager
Self-explanatory
November 1,
Reports
2011 and prior
Payroll Records
Council/Staff
Self-explanatory
November 1,
I
2011 and prior
November 1
Travel Folders
Council/Staff
Self-explanatory
2011 and prior
0
�k �
I , 10 `50(13
David Cavazos Date
City Manager
RECORDS DESTROYED:
Volume Weight
in Cubic Feet in Pounds
19C-4
CONSENT:
r\
S�onia R. Carvalho L7 Date
City Attorney
AUDITED BY:
Mark Lawrence Date
Assistant to the City Manager
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
QUARTERLY REPORT OF CONTRACTS
ENTERED INTO BY THE CITY
MANAGER
CITY MAN ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the Quarterly Report of Contracts entered into between July 1, 2013 to
September 30, 2013 valued at $25,000 and less.
DISCUSSION
On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the
City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the
Charter requires the City Manager to report to the City Council quarterly on the contracts entered
into under his authority for informational purposes. The report is required to include the names of
contractors and the amounts of each contract.
Exhibit A is a listing of all purchase orders, agreements, and change notices entered into
between July 1, 2013 to September 30, 2013 valued at amounts between $500 and $25,000.
Unless included under a blanket contract, the City as a general rule does not purchase goods or
services valued at under $500 through either a purchase order or an agreement. Purchase
orders and service agreements valued at greater than $25,000 require approval by City Council.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Exhibit A: Quarterly Report of Contracts
RC
1913-1
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19D -10
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
QUARTERLY REPORT OF INVESTMENTS
AS OF SEPTEMBER 30, 2013
K
CITY MANAG
RECOMMENDED ACTION
Receive and file.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15' Reading
❑ Ordinance on 2 n Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
In 1995, the State of California enacted legislation revising the reporting requirements relative to
investment of funds by governmental agencies. These requirements, which became effective on
January 1, 1998, mandate that a statement outlining the ability of the City to meet the budgeted
expenditures for the subsequent six months be submitted to the City Council on a quarterly basis.
The legislation dictates that this quarterly report contain the seven major elements listed below!
• Type of investments,
• Date of maturity,
• Par and dollar amounts invested in each security,
• Weighted average maturity of the investments,
• Market value as of the date of the report,
• Source of the market value information, and
• Any funds, investments or programs, including loans,
under the management of contracted parties.
State statutes require that a quarterly report be presented at a Council meeting; however, our
office continues to provide this information monthly. The information is in compliance with State
law and the City's Investment Policy. The attached report (Exhibit 1) accurately reflects all
pooled investments held on behalf of the City as of September 30, 2013.
19E -1
Quarterly Report of Investments
November 4, 2103
Page 2
The following table represents percentage policy limits set by the City's Investment Policy and
State Law and respective types, amounts and percentages, as of September 30, 2011
Type of investment
in$
to%
COSA
policy
UmRs
state Law
Umild,
Certificate of Deposit (CO)
$0.00
0.00%
30%
30°1
Commercial Paper (C /P)
$0.00
DA0%
25%
25%
Federal Farm Credit Bank (FFCB)
$50,925,600.00
17.50%
None
None
Federal Home Loan Bank (FHLB)
$52,260,962.50
17.96%
None
None
Federal Home Loan Mortgage Corp. (FHLMC)
$21,887,329.45
7.62%
None
None
Federal National Mortgage Association (FNMA)
$81,340,02150
27.95%
None
None
Overnight Sweep(C /P)
$34,780,178.00
11.95%
25%
25%
Local Agency Investment Fund (LAIF)
$49,855,1308.11
17.13%
None
None
Treasuries
Woo
0.00%
None
None
Total
$291,049,901.59
10040%
The following graph represents percentages within the respective investment types, as of
September 30, 2013.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit 1 Treasurer's Report
■ Federal Farm Credit Bank
■ Federal Home Loan Bank
■ Federal Home Loan Mortgage Corp.
■ Federal National Mortgage Association
■ overnight Sweep (Commercial Paper)
■ Local Agency Investment Fund
19E -2
Quarterly Report of Investments
November 4, 2013
Page
CITY OF SANTA ANA
TREASURER'S REPORT
as of September 30, 2013
19E -3
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REQUESTFOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
QUARTERLY REPORT FOR HOUSING
DIVISION PROJECTS AND ACTIVITIES
JULY 2013 — SEPTEMBER 2013
CITY MANAG&R
RECOMMENDED ACTION
Receive and file.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
-:• -s
❑
As Recommended
❑
As Amended
❑
Ordinance on 1" Reading
❑
Ordinance on 2 "0 Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
This status report for the quarter ending on September 30, 2013, provides statistics for the day -to-
day affordable housing activities of the City and the Community Development Agency. The report
is divided into three sections: Loan Activity, Loan Portfolio Management and Monitoring, and
Development Projects.
Loan Activity
Applications
The Housing Division offers several different
programs, including homebuyer down payment
assistance and rehabilitation loans for historic
single - family, single - family and mobile homes.
Mobile home loans are offered as forgivable
grants and are used to cover the cost of
essential repairs. Applications are mailed out
and received for these programs on a continuing
basis. Chart 1 shows the number of applications
sent out by type for the quarter. Of the
applications sent, four have been returned and
are being processed.
19F -1
70
so
so
40
30
20
10
0
Chart 1: Applications Mailed
During the Quarter
Single Family Mobile Home Homebuyer
Rehab Hardship Assistance
Quarterly Report for Housing Division Projects and Activities
November 4, 2013
Page 2
Loan Underwriting and Approval Process
In this process, staff reviews applicant eligibility, verifies income and assets, and oversees
underwriting to determine eligibility per program guidelines. In addition, staff conducts an
inspection of the unit, prepares a work write up to determine rehabilitation work to be performed,
and develops a budget for the work. Due to the complex funding requirements, applicants may be
in underwriting several months. The length of time in underwriting is largely determined by the
applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all
necessary loan documents, makes arrangements for execution, and reserves the required loan
funds. There were four loans approved during this quarter; three rehabilitation applications are
pending and two homebuyer applications were denied due to program eligibility.
Construction Process
During this phase, homeowners receiving rehabilitation loans are guided through an open selection
of contractors to complete the work on their homes. Each homeowner is given a list of contractors
that have been screened by staff for license and insurance requirements. However, homeowners
are allowed to select any contractor that meets these same requirements. Staff assists the
homeowners in selection of a contractor, monitors the construction work, approves payments to
contractors, and tracks expenditures to ensure they do not exceed available funds. At the end of
this quarter there were three homeowner rehab projects out to bid and one under construction.
Loan Portfolio Management and Monitoring
The Housing Division is responsible for ensuring the integrity of the residential loan portfolio. As of
the end of this quarter, the principal balance was $107,097,466. This is comprised of 480 loans of
which 441 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio
generated $98,703 in payments of principal and interest during the quarter:
Table 2: Portfolio Revenue
As part of the requirements for these funds, staff must monitor the owner - occupancy for single
family homes that have received loans, and the code compliance of units in rental projects with
long -term affordability covenants. During this quarter, 34 owner occupancy recertification letters
were mailed; 23 were returned and processed.
During this quarter, staff also conducted code compliance inspections for 23 units in three projects.
Regulations require that only a sample be selected for inspection. Staff also inspects the grounds
19F -2
First Quarter
FY 13 -14
Loan Payoffs
$40,464
$40,464
Residual Receipts Payments
$0
$0
Amortized Loan Payments
$58,239
$58,239
Total
$98,703
$98,703
As part of the requirements for these funds, staff must monitor the owner - occupancy for single
family homes that have received loans, and the code compliance of units in rental projects with
long -term affordability covenants. During this quarter, 34 owner occupancy recertification letters
were mailed; 23 were returned and processed.
During this quarter, staff also conducted code compliance inspections for 23 units in three projects.
Regulations require that only a sample be selected for inspection. Staff also inspects the grounds
19F -2
Quarterly Report for Housing Division Projects and Activities
November 4, 2013
Page 3
and common areas such as laundry rooms to insure they also meet City code requirements. The
majority of the inspected units as well as the grounds and common areas were found to be in
compliance at the time of initial inspection. Some of the units had minor deficiencies including
loose toilets, inoperative burners, faulty GFCI outlets, inoperative smoke alarms and carbon
monoxide detectors. All of the deficiencies were repaired and the units were found to be in
compliance at the time of the subsequent re- inspection.
Subordinations
Mortgage interest rates have increased resulting in a decline in the number of requests for
subordination. During the last fiscal year there were a total of 28 requests for subordination
received and approved of which 14 were in the fourth quarter. During this quarter, the City
received 1 request for subordination which could not be processed because it was incomplete.
Subordination requests are reviewed for conformance with City policy and granted to homeowners
that were refinancing their existing first mortgage to a more favorable interest rate. Per the
subordination policy, no cash is allowed to be taken.
Development Projects
NSP 2 Program
The City's second award (NSP 2) for $10 million was received through a highly competitive
process in which only 15 local government agencies were successful. Most awards were made to
nonprofit consortiums. Under the terms of this award, there is no obligation deadline to meet;
however, there is an expenditure deadline. In the first quarter, HUD approved a technical
amendment to allow the City to close the Down Payment Assistance Program activity and move
the remaining $336,860 to the Single - Family Acquisition - Rehabilitation activity. There were no
properties sold during the first quarter; eight properties were sold during the last fiscal year.
NSP 3 Program
The U.S. Department of Housing and Urban Development (HUD) has allocated the amount of
$1,464,113 in NSP 3 funds to the City of Santa Ana. In order to receive these funds, the City
adopted a substantial amendment to its Annual Action Plan, and submitted it to HUD on February
28, 2011. The amendment was approved, and the City signed a grant agreement with HUD on
March 10, 2011. The grant activities are:
• Acquisition /Rehab /Resale -50 Percent of Area Median Income
• Acquisition /Rehab /Resale -120 Percent of Area Median Income
• Administration
The City's intermediary, ANR, has been actively seeking foreclosed properties in the NSP 3 target
area. During this quarter, one application was received for the sale of the property located at 1223
19F -3
Quarterly Report for Housing Division Projects and Activities
November 4, 2013
Page 4
Baker Street, however it was denied due to credit criteria. The property is currently listed for sale
to a qualified homebuyer.
In -Fill Development Proiects
The construction of Vista Del Rio, a 41 -unit handicapped - accessible affordable rental housing
project located at 1600 Memory Lane is complete with the exception of a few minor problems
involving the exterior lighting. The developer obtained a temporary Certificate of Occupancy and
has begun leasing the units. The procurement of a final Certificate of Occupancy is expected by
the beginning of November.
Habitat for Humanity of Orange County has seven single- family dwellings under construction.
The dwellings located at 160 E. McFadden Avenue, 1114 S. Cypress and 1121 S. Cypress
Avenue are expected to be completed by the end of October; four other dwellings located at 1314
N. Eastwood, 793, 797 and 812 Concord are expected to be completed in May 2014. The home
located at 1029 McLean was purchased by a qualified family and closed escrow during this
quarter.
The Depot at Santiago, LP is working through planning entitlements for the development of a 70-
unit affordable housing project at the northeast corner of Santa Ana Blvd. and Santiago Street.
City Council approved a loan agreement with 815 N. Harbor, LP for the development of a 70 -unit
affordable housing project located at the southeast corner of Harbor Blvd. and Hazard Avenue,
FISCAL IMPACT
There is no fiscal impact associated with this action
, "fAq —
Nancy Fong, I P
Interim Executi r
Community Development Agency
NF /SLB /kg
Prepared by: Ray Lirette
19F -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
CONTRACT RENEWAL WITH
GRAINGER, INC. FOR HAND TOOLS
AND MISCELLANEOUS ITEMS
(SPEC. NO 09 -037)
/Z /
CITY MANNAAGT
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
F -00. 5
❑
As Recommended
❑
As Amended
❑
Ordinance on 1" Reading
❑
Ordinance on 2 "0 Reading
❑
Implementing Resolution
❑
Set Public Hearing For_
CONTINUED TO
��IIPui7� 7
Renew the contract with Grainger, Inc. for the purchase of hand tools and miscellaneous items for a
one -year period in an annual amount not to exceed $85,000, subject to non - substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
City departments require an assortment of tools in order to perform general maintenance throughout
the City. These items are purchased through the Central Stores warehouse for distribution to the
various departments. The Public Works Agency requires a variety of specialty personal protective
gear, power tools, hardware and parts for maintenance and repairs of sampling stations, water meter
vaults and sewer manholes. In addition, the City also establishes contracts for miscellaneous items
including tools that are not carried as inventory items in Central Stores. The contract for hand and
landscaping tools are designed to provide quality products at significant savings based on quantity
pricing.
On August 3, 2009, the City Council awarded to Grainger, Inc., a Santa Ana vendor, a contract for
one -year period, with provisions for four one -year renewals. The previous contract renewal, in the
amount of $60,000, was based on prior usage. However, in order to provide sufficient funds for
anticipated purchases during the upcoming contract year, staff recommends increasing the
authorized dollar amount to $85,000. Grainger, Inc. offers pricing through the Western State's
Contracting Alliance (WSCA) contract. Staff recommends the final renewal of the contract.
FISCAL IMPACT
Funds are available in the various departmental Operating Materials and Supplies accounts (63001).
Francisco Gutierrez
Executive Director
Finance and Management Services Agency {a
sp
"22A -1
22A -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
CONTRACT RENEWAL WITH ZEBRON
CONTRACTING, INC. FOR SEWER
MANHOLE REHABILITATION AND
LINING SERVICES (SPEC. NO. 13 -016)
CITY MANA ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance onI "Reading
❑ Ordinance on 2 "dReading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Renew the contract with Zebron Contracting, Inc. for the rehabilitation and lining of sewer manholes
for a one -year period in an amount not to exceed $75,000, subject to non - substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Water Resources Division performs ongoing assessment of the condition of the
City's 8,000 concrete and brick sewer manholes. Through this routine assessment, staff identifies
sewer manholes in need of rehabilitation, a process that repairs and seals the interior of the manhole
with a polyurethane coating. The recommended action will repair 33 manholes and prevent structural
failure while extending the life of sewer manholes for a fraction of the cost of replacement.
On May 6, 2013, the City Council awarded a contract to Zebron Contracting, Inc. for a one -year
period with provisions for three, one -year renewals. The vendor has agreed to renew the contract
without an increase in pricing. Staff recommends the first renewal of the contract.
FISCAL IMPACT
Funds are available in the Public Works Sanitary Sewer Service account (no. 05617640 - 66220).
Edwin "William vez, P.E.
Interim Executive Director
Public Works Agency
_J 6
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
22B -1
22B -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
CONTRACT AWARD FOR SANTA ANA
MAIN LIBRARY ELEVATOR
MODERNIZATION
(PROJECT NO. 12 -7539)
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 1" Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGE
RECOMMENDED ACTION
1. Award a contract to 5Star Elevator Service, Inc., in the amount of $73,216 for the
modernization of the elevator at the Main Library.
2. Approve the Cost Analysis, as shown in Exhibit 1, for a total estimated project delivery cost of
$87,665.
DISCUSSION
The recommended actions will allow modernization of the elevator which is necessary to improve
its reliability, minimize shutdowns, ensure the safety of the building tenants, reduce the risk of
injury to passengers, and increase tenant satisfaction. The City of Santa Ana Main Library was
constructed in 1959. Only on one occasion have improvements been made to the library's
elevator and its system.
A Request for Proposals (RFP) was posted on the City website August 27, 2013. Four proposals
were received on September 16, 2013, and were evaluated by the Public Works Agency and the
Building Maintenance Division of the Finance & Management Services Agency.
Proposal evaluations took into account company qualifications, project cost, time for completion,
and responsiveness to the RFP. One proposal was determined to be nonresponsive. The results
of the proposal evaluation are as follows:
RANK COMPANY COST SCORE
1 5Star Elevator Service, Inc. $73,216 95
2 Excelsior Elevator Corporation $75,800 90
3 Amtech Elevator Services, Inc. $106,175 83
23A -1
Contract Award for Library Elevator
November 4, 2013
Page 2
The Engineer's Estimate for the project is $70,000. Based on the ratings and costs, staff
recommends that 5Star Elevator Service, Inc., be retained to modernize the elevator at the Main
Library.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt
from further review. Environmental Review No. ER- 2013 -92 has been completed and a Notice of
Exemption was filed for this project. In addition, a Certification of Categorical Exemption and a
Statutory Worksheet have been prepared in accordance with the National Environmental Policy
Act.
FISCAL IMPACT
The Cost Analysis for this project shows a total estimated delivery cost of $87,665, which includes
construction administration, inspection, and contingencies. Funding is available in the Community
Development Block Grant Fund {Account 13518783 - 66220 }.
Edwin "Willis " Galvez, P.E.
Interim Executive Director
Public Works Agency
Gerardo Mouet
Executive Director
Parks, Recreation/
Community Services Agency
Community Development Agency
EWG /SF
Exhibits: 1. Cost Analysis
2. Project Location Map
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
23A -2
COST ANALYSIS
PROJECT 12 -7539
SANTA ANA MAIN LIBRARY ELEVATOR MODERNIZATION
Construction Contract
Contract Administration
Inspections
Contingencies
TOTAL PROJECT DELIVERY COST
EXHIBIT 1
23A -3
$73,216
$2,474
$4,654
$7,321
$87,665
23A -4
DESIGN -BUILD CONTRACTOR SERVICES
SANTA ANA MAIN LIBRARY
ELEVATOR MODERNIZATION
THIS AGREEMENT, made and entered into this 4`" day of November, 2013, by and
between 5 STAR ELEVATOR SERVICE, INC., a California corporation (hereinafter
"Contractor"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized
and existing under the Constitution and laws of the State of California (hereinafter "City ").
RECITALS
1. The City desires to retain a Contractor having special skill and knowledge required to
design and build improvements to modernize the elevator at the Santa Ana Main
Library.
2. Contractor represents that Contractor is able and willing to provide such services to the
City and is licensed by the State of California to provide general contractor services.
3. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional contracting firm.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF WORK
a. Contractor shall provide professional and technical engineering services required to
design and prepare construction drawings, time schedule and cost estimates for the
modernization of the existing hydraulic elevator at the Santa Ana Main Library
(hereinafter "Project "). Contractor shall provide project management, construction
management, skilled labor, equipment, supplies and materials required to construct
the Project on schedule in conformance with the approved plans and specifications,
as set forth in Request for Proposal 13 -038, specifically the Scope of Work attached
hereto as Exhibit A -1, and Contractor's Proposal dated September 20, 2013,
attached as Exhibit A -2. All attached Exhibits are incorporated by this reference.
b. Time for Performance. Contractor shall perform and complete all services required
to complete the project, in a timely and expeditious manner. Contractor shall
perform such services in accordance with the schedules which Contractor and City
may mutually agree. In the event that Contractor determines that a proposed
schedule for work as requested by the City is not possible or achievable, Contractor
shall immediately notify the City's Representative, in writing and seek modifications.
No extension of time shall be accepted unless it is evidenced in a writing executed
by each Party's Representative.
c. Progress Report. Contractor shall submit progress reports at least once a month.
The reports shall be sufficiently detailed for City's Project Manager to determine
whether Contractor is performing to expectations and on schedule, to communicate
interim findings, and to specifically address any difficulties or special problems
encountered, so remedies can be developed.
23A -5
II. TERMS AND CONDITIONS
A. OWNERSHIP OF REPORTS AND DOCUMENTS
Upon completion of all work under this Agreement, ownership and title to all
reports, documents, tracings, plans, specifications, estimates and maps prepared
or obtained under the terms of this Agreement shall be delivered to, and become
the property of City. Basic surrey notes and sketches, charts, computations, and
other data prepared or obtained pursuant to this Agreement shall be made
available upon request of the City without restriction or limitation on their use.
Contractor shall furnish the City all necessary copies of data needed to complete
the review and approval process.
B. TERM
The term of this Agreement shall commence the date of City Council award and
approval of all insurance and bonds, and terminate on June 30, 2014, unless
earlier terminated as set forth in Section H, below.
C. COMPENSATION
The method of payment for this contract will be based on actual cost
method. The City will reimburse the Contractor for actual costs (including
labor costs, employee benefits, materials, equipment, overhead and other
direct costs) incurred by the Contractor in performance of the work. The
Contractor will not be reimbursed for actual costs that exceed the
estimated wage rates, employee benefits, materials, equipment,
overhead and other estimated costs set forth in Contractor's Cost
Proposal (Exhibit B), unless additional reimbursement is provided for by
contract amendment. In no event, will Contractor be reimbursed for
overhead cost at a rate that exceeds the City's approved overhead rate
set forth in the Cost Proposal. In the event that the City determines that a
change to the work from that specified in the Cost Proposal and contract
is required, the contract time and /or actual costs reimbursable by the City
shall be adjusted by contract amendment to accommodate the changed
work. The maximum total cost shall not exceed Seventy Three Thousand,
Two Hundred Sixteen Dollars ($73,216.00) unless authorized by contract
amendment.
2. Invoices
a. The Contractor shall submit a monthly invoice by the fifteenth of the
month to the City for the services rendered in the prior month.
b. All invoices for work performed under this Agreement shall be
submitted in a format approved by the City. Invoices shall include the
following information:
Contractor's invoice number
23A -6
ii. Beginning and ending dates of services
iii. City project number and /or name (if applicable)
iv. Work site address /location (if applicable)
V. Tasks or deliverables completed, and % of total services
completed
Invoices shall be mailed to City's Project Manager at the following
address:
Jason Gabriel
20 Civic Center Plaza (M -36)
P.O. Box 1988
Santa Ana, CA 92702
3. Payment by City shall be made within sixty (60) days following receipt of
proper invoice, subject to City accounting procedures. From each payment
the City shall deduct and retain five percent (5°I%). At the time City accepts
the Project as complete, said retention shall be released to Contractor.
Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals, above.
� F.'{w.xyivm
No additional work shall be authorized unless a separate estimate is
given for said work and the estimate is approved by the City in writing
before the work is commenced. The Contractor will be required to
provide detailed information of such extra work. Work performed prior to
obtaining written approval of the City shall not be included within the
Scope of Work and may not be paid.
D. INDEPENDENT CONTRACTOR
Contractor shall during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not
intended nor shall it be construed to create an employer - employee relationship, a
joint venture relationship, or to allow the City to exercise discretion or control over
the manner in which Contractor performs the services required by this
Agreement. However, the services to be provided by Contractor shall be
provided in a manner consistent with all applicable standards and regulations
governing such services. Contractor shall pay all salaries and wages, employer's
Social Security taxes, unemployment insurance, and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
E. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain
insurance as described below:
Commercial General Liability Insurance: Contractor shall maintain
23A -7
commercial general liability insurance which shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting there from and damage to property, resulting
from any act or occurrence arising out of Contractor's operations in the
performance of this agreement, including, without limitation, acts involving
vehicles. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including
death resulting therefrom, and property damage, in the total amount of
One Million Dollars ($1,000,000) per occurrence, Two Million Dollars
($2,000,000) in the aggregate. Such insurance shall (a) name the City,
its officers, employees, agents, volunteers, and representatives as
additional insured(s); (b) be primary and not contributory with respect to
insurance or self- insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
Business Automobile Liability Insurance, or equivalent form, with a
combined single limit of not less than One Million Dollars ($1,000,000) per
occurrence. Such insurance shall include coverage for owned, hired and
non -owned automobiles.
3. Worker's Compensation Insurance: In accordance with the provisions of
Section 3300 of the Labor Code, Contractor is required to be insured
against liability for Workers' Compensation or to undertake self - insurance.
Prior to commencing the performance of the work under this Agreement,
Contractor agrees to obtain and maintain any employer's liability
insurance with limits not less than One Million Dollars ($1,000,000) per
accident.
4. Professional Liability Insurance: Contractor is required to carry
Professional Liability (errors and omissions) insurance, with a combined
single limit of not less than One Million Dollars ($1,000,000) per claim.
5. The following requirements apply to the insurance to be provided by
Contractor pursuant to this section:
a. Contractor shall maintain all insurance required above in full force
and effect for the entire period covered by this agreement.
b. Certificates of insurance shall be furnished to the City upon
execution of this Agreement and shall be approved in form by the
City Attorney.
c. Certificates and policies shall state that the policies shall not be
canceled or reduced in coverage or changed in any other material
aspect without thirty (30) days prior written notice to the City.
6. If Contractor fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the City with required
proof that insurance has been procured and is in force and paid for, the
City shall have the right, at the City's election, to forthwith terminate this
Agreement. Such termination shall not affect Contractor's right to be paid
23A -8
for its time and materials expended prior to notification of termination.
Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance
by the City.
F. HOLD HARMLESS/ INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its officers, agents and employees (collectively, the
"indemnified parties ") from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a claim; collectively, "claims "), which may arise from or in any
manner related (directly or indirectly) to any work performed or services provided
under this Agreement (including, without limitation, defects in workmanship
and /or materials) or Contractor's presence or activities conducted performing the
work (including the negligent and /or willful acts, errors and /or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
contractors, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable for any or all of them). Notwithstanding
the foregoing, nothing herein shall be construed to require Contractor to
indemnify the indemnified parties from any claim arising from the sole negligence
or willful misconduct of the indemnified parties. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable.
The policy limits do not act as a limitation upon the amount of indemnification to
be provided by the Contractor.
G. NOTICE
Any notice, tender, demand, delivery or other communication pursuant to this
agreement shall be in writing and shall be deemed to be properly given if
delivered in person or mailed by first class or certified mail, postage prepaid, sent
by telefacsimile communication, or via e-mail to the following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M -30)
Santa Ana, CA 92701
Fax 714 - 647 -6956
With courtesy copy to: Public Works Agency
Design Engineering
20 Civic Center Plaza (M36)
Santa Ana, CA 92701
Fax 714 -647-
To Contractor: 5 Star Elevator Service, Inc.
15556 N. Case Street
Orange, CA 92867
23A -9
Fax 714 - 279 -8703
H. TERMINATION
The City reserves the right to terminate the Agreement as follows:
In the event Contractor fails or refuses to timely perform any of the
provisions of this agreement in the manner required, or if Contractor violates
any provision of this agreement, Contractor shall be deemed in default. City
shall provide written notice of such default to Contractor's project manager.
Contractor shall cure said default within a period of two (2) working days. If
such cure is not completed in a timely manner, City may terminate the
agreement forthwith by giving written notice to Contractor's project manager.
City may, in addition to the other remedies provided in this agreement or
authorized by law, terminate this agreement by giving written notice of
termination. Contractor shall be responsible for all costs incurred by City,
including replacement costs of equipment and labor required to provide
service during Contractor's default. In the event of such termination for
cause, City shall pay Contractor that portion of compensation specified in
the agreement that is earned and unpaid prior to the effective date of
termination. Contractor shall not be entitled to any compensation for lost
profits it terminated for cause.
2. This agreement may be terminated without cause by City upon thirty (30)
days written notice delivered to the Contractor either personally or by mail.
Upon termination, City shall pay to Contractor that portion of compensation
specified in the agreement that is earned and unpaid prior to the effective
date of termination.
3. In addition to, or in lieu of, remedies provided in this agreement or pursuant
to law, City shall have the right to withhold all or a portion of Contractor's
compensation for Agreement services if, in the judgment of the projects
manager or designee, the level of service falls below appropriate standards
and/or Contractor fails to satisfactorily perform Agreement services. City
shall have the right to retain funds withheld until the projects manager or
designee determines that Agreement services are performed as well and as
frequently as required by this agreement.
COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
Contractor shall perform all requirements under this Agreement in strict
observance of and in compliance with all applicable environmental, traffic,
safety and any other laws, regulations, ordinances, codes and any other
legislative or statutory requirements.
2. Contractor warrants that the performance of services under this Agreement
shall be compliant with the current Federal, State and local requirements, and
as it may be amended or updated throughout the term of this Agreement.
3. Contractor certifies that, in addition to any requirements set forth in the
Scope of Work, it will comply with the following regulations, as required by
HUD:
23A -10
a. Audit Records - With respect to all matters covered by this agreement
all records shall be made available for audit and inspection by the City, the grant
agency and /or their duly authorized representatives for a period of four (4) years
from the termination of this Agreement. For a period of three years after final
delivery hereunder or until all claims related to this Agreement are finally settled,
whichever is later, Contractor shall preserve and maintain all documents, papers
and records relevant to the services provided in accordance with this Agreement,
including the Attachments hereto. For the same time period, Contractor shall
make said documents, papers and records available to City and the agency from
which City received grant funds or their duly authorized representative($), for
examination, copying, or mechanical reproduction on or off the premises of
Contractor, upon request during usual working hours.
b. Contractor shall provide to City all records and information requested
by City for inclusion in quarterly reports and such other reports or records as City
may be required to provide to the agency from which City received grant funds or
other persons or agencies.
c. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All
recipients of federal funds must comply with Section 504 of the Rehabilitation Act
of 1973 (The Act). Therefore, the federal funds recipient pursuant to the
requirements of The Act hereby gives assurance that no otherwise qualified
handicapped person shall, solely by reason of handicap be excluded from the
participation in, be denied the benefits of or be subject to discrimination, including
discrimination in employment, in any program or activity that receives or benefits
from federal financial assistance. The Contractor agrees it will ensure that
requirements of The Act shall be included in the agreements with and be binding
on all of its contractors, subcontractors, assignees or successors.
d. Americans with Disabilities Act of 1990 - (ADA) Contractor must
comply with all requirements of the Americans with Disabilities Act of 1990
(ADA), as applicable.
e. Political Activitv - None of the funds, materials, property, or services
provided directly or indirectly under this agreement shall be used for any partisan
political activity, or to further the election or defeat of any candidate for public
office, or otherwise in violation of the provisions of the "Hatch Act".
f. Civil Rights Compliance and Notification of Findings - Contractor, and
all its subcontractors will comply, with the nondiscrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC
3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of
1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended;
Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of
the Education Amendments of 1972; the Age Discrimination Act of 1975;
Department of Justice Non - Discrimination Regulations, 28 CFR Part 42,
Subparts C, D, E, and G, and Department of Justice regulations on disability
discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court,
Federal or State administrative agency, or the Contractor makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the Contractor will
23A -11
forward a copy of the findings to the City which will, in turn, submit the findings to
the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice.
g. Contractor, and all its subcontractors will comply, with all
requirements of the Executive Order 11246 of September 24, 1965, entitled
"Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations (41
CFR chapter 60), as applicable.
In. Contractor, and all its subcontractors will comply, with all
requirements of the Copeland "Anti - Kickback" Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR Part 3), as
applicable.
i. Contractor, and all its subcontractors will comply, with all
requirements of the Davis -Bacon Act (40 U.S.G. 276a to 276a -7) as
supplemented by Department of Labor regulations (29 CFR Part 5), as
applicable.
j. Contractor, and all its subcontractors will comply, with all
requirements of Sections 103 and 107 of the Contract Work and Safety
Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor
regulations (29 CFR Part 5), as applicable.
k. Contractor, and all its subcontractors will comply, with all applicable
standards, orders or requirements issued under Section 306 of the Clean Air Act
(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368),
Executive Order 11738, and the Environmental Protection Agency regulations
(40 CFR part 15), as applicable.
I. Contractor, and all its subcontractors will comply, with all
requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89
Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639,
19645, Apr. 19, 1995), as applicable.
J. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate or subcontract any
interest herein without the prior written consent of City and any such assignment,
transfer, delegation or subcontract without the City's prior written consent shall
be considered null and void.
K. JURISDICTION — VENUE
This Agreement has been executed and delivered in the State of California and
the validity, interpretation, performance and enforcement of any of the clauses of
this Agreement shall be determined and governed by the laws of the State of
California. Both parties further agree that Orange County, California, shall be the
23A -12
X
0
venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
FINES
The Contractor shall be liable for all violation fines levied against the City by
federal, state, or local agencies with regulatory authority related to Contractor
provided services.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
date and year first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA CARVAHALO
City Attorney
Bv:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
RECOMMENDED FOR APPROVAL: 5 STAR ELEVATOR
SERVICE, INC.
EDWIN "WILLIAM" GALVEZ, P.E.
Executive Director
Public Works Agency
23A -13
MICHAEL KLOTZLY
V.P. Account Manager
CITY OF SANTA ANA
REQUEST FOR PROPOSAL (RFP)
FOR
SANTA ANA MAIN LIBRARY ELEVATOR MODERNIZATION
RFP NO. 13 -038
INTRODUCTION / PROJECT DESCRIPTION
The City of Santa Ana is seeking a qualified Contractor to provide design and construction services
to modernize the existing hydraulic elevator at the Santa Ana Public Library.
Modernization is necessary to improve reliability of the elevator and its equipment, minimize
shutdowns, ensure the safety of the building tenants, reduce the risk of injury to passengers, and
increase tenant satisfaction.
Existing capacity is 1,200 lbs., speed is 100fpm and service to three (3) floors
II. SCOPE OF WORK
A. OVERVIEW
In general, the works consists of providing new power unit and controller, new fixtures and door
improvements as described herein. The Contractor shall be responsible for the following items
during the design development and construction phases of the project:
• Providing general administration of the Agreement with the City of Santa Ana.
• Interpreting the requirements of this RFP.
• Managing and supervising design and construction professionals.
• Developing the design for the project within budgetary and schedule commitments.
• Preparing necessary construction plans and /or shop drawings.
• Processing entitlements related to design responsibilities such as building plan -check
approvals.
• Ensuring regulatory and code compliance.
• Preparing estimates of probable construction costs.
• Obtaining entitlements related to construction such as building permits.
• Maintaining the construction schedule.
• Job site safety.
• Providing methods and means of construction.
• Fulfilling the requirements of the construction documents.
• Guaranteeing the quality of the construction.
• Correcting any deficiencies covered by the guarantee.
B. DESIGN DEVELOPMENT
The Contractor is responsible for and shall provide necessary detailed plans and /or shop drawings,
City of Santa Ana RFP 13 -038
Page s Exhibit A —1
23A -14
structural calculations or evaluations for the proposed modifications and submit to the City Building
Department for plan check approval, ensuring that all applicable codes are met. These plans
and /or shop drawings shall be stamped and signed by a State of California licensed engineer or
architect, depending on applicability. Contractor will be responsible for all efforts and coordination
required for City approval prior to commencing construction.
The proposer shall be responsible for retaining data, records and documentation for the preparation
of the required information. These materials shall be made available to the City as requested by
the City.
All proposed equipment, including software and controls, shall be non - proprietary. The proposed
modifications include, but are not limited to, the following:
• Provide new non - proprietary microprocessor controller
• Provide new PC based machine room monitor
• Provide new electronic starter with phase overload protection
• Provide new emergency battery lowering unit
• Provide new hoist way leveling system and mechanical limit switches
• Provide all new wiring including machine room, hatch, car and traveling cables
• integrate smoke detector wires into the controller fire recall system and insure proper
operation.
• Connect the active phone line into the new elevator phone and program to call
desired number.
• Fixtures:
• Provide new Car Operating Panel (COP) in a brushed stainless steel finish, which
shall include:
— ADA telephone providing hands -free, two -way communication
— Emergency light unit
— Raised and illuminated pushbuttons with supporting Braille
— Certificate frame
- -All code required car control key - switches
— Fire Phase 2 features in required locked cabinet
• Provide new hall pushbutton stations, to be surface mounted at required ADA height,
Pushbuttons shall match the COP fixture. Fire Phase I key switch with required
engraving will be part of the lower terminal recall fixture, with Access switches
located at top and bottom landings as required
• Provide new digital car position indicator located in the car operating panel, finished
In brushed stainless steel
• Provide new traveling lantern with electronic chime
• Provide jamb braille as required by ADA code
• Door Operation:
• Retain existing GAL, closed loop, solid state door operator
• Refurbish car door hardware only as necessary, which shall include rollers, linkage,
gibs.
City of Santa Ana RFP 13 -038
Page B
23A -15
• Refurbish hall door hardware only as necessary, which shall include rollers, contacts,
gibs, pick -up assemblies and door closers.
• Provide new door clutch and restrictor
• Provide new infrared door detector edge.
• Hydraulic Power Unit
• Provide and install one new hydraulic submersible power unit, in its entirety,
consisting of, but not limited to, new valve, tank, motor and pump,
• Machine Room (post Installation)
• Clean machine room floor of dirt, oil and grease.
• Pain machine room floor with one coat of oil resistant paint.
• Apply one coast of field applied machinery enamel to machine room equipment, hoist
way equipment, and all exposed equipment installed as part of this specification.
Alternate Bid #1: Cab Interior
• Dismantle interior of existing elevator and prep for new finishes
• Install Snap cab Reflections, Modern, Classic style cab on back and sidewalls
• Install new style economy style ceiling inside the above one passenger elevator
• Install ADA compliant steel handrail
• Install brushed stainless steel on the car door, front return walls, header and car columns
• Return elevator back to service
Alternate Bid #2: Fire /Smoke Detectors:
• Install smoke detector at each elevator lobby entrance and one in the machine room
• Install smoke detector at top of the elevator hoist way. Provide access from the outside of
the hoist way via a lockable fire rated access door.
• Provide wires, in approved conduit, from all of the elevator smoke detectors as "dry
contacts" to the elevator machine room, for connection to the elevator controller.
• Upgrade the existing fire panel to have annunciated zones for each of the added smoke
detectors.
C. CONSTRUCTION PHASE
a. General:
The Contractor will be fully responsible for all aspects of construction, which also includes
the following:
• Management of the construction activities.
Furnishing and installation of all equipment, materials, and labor necessary to complete
the project, in place, and fully operational as identified in the scope of work for Design
Development and Related Work.
City of Santa Ana RFP 13 -038
Page 7
23A -16
• Coordination with City personnel, including the Facilities Maintenance Superintendent.
• Coordinating all inspeofions required by the City as required by the permits.
• Job site safety for the Vendor /Contractor personnel as well as the general public using
the Library.
• Quality control and quality assurance.
• Repair of all ancillary damage, such as patching and painting, caused by the
construction activities to the satisfaction of the City Project Manager.
• This RFP is based upon utilizing the existing conduit from the elevator machine room to
the elevator hoist way. If the existing conduit requires modification, replacement or is
inadequate for any reason, the modification cost shall be included in the proposal.
Contractor shall apply for and obtain all necessary permits as required by the City and all
other regulatory agencies including Federal, State, and County jurisdictions and shall
Include but is not limited to ASME A -17.1 -2004. City permits will be "no fee" permits. All fees
required by other jurisdictions shall be the responsibility of the contractor.
Contractor shall ensure that the elevator meets all applicable codes and standards,
c. Installation:
Contractor shall provide all labor, material and incidentals for installation of all equipment as
outlined above.
Once elevator has been removed from service, the elevator shall not be operated or put
back into service for any reason until the State Inspector has completed a final inspection
and certified the elevator for public use, which shall be scheduled by the contractor.
Contractor shall install, set, evaluate, inspect and adjust as required the start, acceleration,
stop, door operation performance and closing force. Check all hall call and car call devices,
emergency devices, and Phase 1 /II Fire Service. Perform load test as required.
Standard lead time on materials shall not exceed 12 weeks.
Estimated 'but of service" time will be 3 weeks per car subject to the State of California
Inspector timing and availability. This price shall include all labor, material, sales tax,
shipping and inspection fees and has been based upon performing all work during regular
working hours.
d. Inspections:
Contractor shall schedule the elevator inspection and obtain the approval of the Elevator,
Ride and Tramway Unit, State of California.
e. Guarantee:
Contractor shall provide a one -year guarantee on all work performed.
City of Santa Ana RFP 13-038
Page 8
23A -17
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Sal Tinaf ero
COLINCILMEMBERS
Angelica Amazma
P. David Bensvides
Michele C. Martinez
Roman A. Rayne
Vincent F. Sannlento
September 12, 2013
ADDENDUM TWO
CITY OF SANTA ANA
Public Works Agencv
20 Civic Center Plaza • RO. Box 1988, M -21
Santa Ana, California 92702
SUBJECT: REQUEST FOR PROPOSAL. #13 -038:
Santa Ana Main library Elevator Modernization
The following revisions have been made to the above Request for Proposal (RFP);
INTERIM CITY MANAGER
Kevin O'Rourke
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Maria D. Hulzar
Notice Inviting Proposals: Revise the second sentence of the first paragraph to read as follows:
Responses to the Request for Proposals (RFP) will be accepted until Monday September 23, 2013 at 4:00 p.m.
Section C. e-: Guarantee: Revise the section to read as follows:
Contractor shall provide a one -year guarantee on materials and workmanship, and one -year warranty on parts as
implemented per this RFP. Contractor shall provide regular service and maintenance during this one -year period,
per manufacturer's recommendations, and shall provide schedule outlining preventative maintenance items and
frequency as part of proposal.
Alternate Bid #1: Cab Interior: Add the following items:
+ Dismantle completely interior ceiling, wells and flooring of existing elevator to cab wall shell.
Install new "SNAP Cab ", or approved equal, on cab front, back and sidewalts. Panels shalt be vertical style.
+ Verify ADA compliance of existing handrail. Adjust or replace as necessary.
+ Install new economy style ceiling with LED can - lights.
• Remove existing flooring and install new flooring by "American Floor Mats ; or approved equal. Color to be
determined.
• New interior components shall not increase cab weight by an amount more than 5% of current weight.
• Existing bronze sill plates and manufacturer plaque shall be protected in place.
Appendix B: Proposer's Certification and Proposal Item Pricing: Replace the existing sheet with the new form
as attached
All other terms and conditions of the RFP remain unchanged.
If you should have any questions regarding this project, please contact me at (714) 571 -4241.
Sincerely,
SFI,wix i.t,
Suzl Furjanic, AIA, LEED Green Associate
Assoc. P/L Planner
City of Santa Ana
Public Works Agency
23A -18
pR
CITY OF SANTA ANA
Santa Ana Public Works Department
20 Civic Center Plaza
Santa Ana, CA 92702
Reference: CITY OF SANTA ANA, MAIN LIBRARY
ELEVATOR MODERNIZATION PROJECT#f13 -038
Dear City Officials
1556 N. Case Street
Orange, CA 92867
(714) 279 -8700 (phone)
(714) 2794703 (fax)
September 20a', 2013
We at 5Star Elevator Service, Inc. are pleased to present our bid response to you and the City of Santa Ana
for the above referenced project. Our submittals on this project are specific to provided specifications,
addends and complete evaluation of site specific conditions. Project goals are to improve reliability,
performance, safety and full compliance with current Elevator, NFPA, ADA and City Codes.
Our response submittals detail our qualifications, pricing and past performance in fulfilling all aspects of the
City of Santa Ana's requirements for this project.
5 Star Elevator wants to express our thanks to the City of Santa Ana for consideration of our submitted
response. We know though your due diligence that the award of this agreement will be made to the
contractor providing the best value the City of Santa Ana.
If there are any questions or additional information is required during your evaluation, please call me
anytime. Office: (714) 279 -8700, Cell: (951) 956 -7220
Sincerely,
John Hodge, Territory Manager
1556 N. Case St.
Orange, CA. 92867
23A -19
Exhibit A- 2
CITY OF SANTA ANA, MAIN LIBRARY ELEVATOR MODERNIZATION PROJECT
REQUEST FOR PROPOSAL NO. 13 -038
ELEVATOR PREVENTIVE MAINTENANCE, INSPECTION AND REPAIR
Response to RFQ submitted by 5 Star Elevator Service, Inc.
Executive Summary
5 Star Elevator Service, Inc. was formed March 1 ", 2011 by four top level elevator industry professionals with
over one hundred collective years of experience in the elevator industry. Our collective experience was developed
over the last thirty years of working with major elevator manufactures in industry positions encompassing a full
range of industry experience from a field helper to Regional V.P. of a large corporate elevator company,
maintaining over twelve thousand elevators here in California.
Over our one hundred collective years of experience we have developed a complete capacity to: Manage,
maintain, diagnose, repair and modernize virtually all makes and models of vertical transportation equipment.
We also carry this experience over to the public sector with customers including: Federal, State, Municipal,
School Districts and Healthcare institutions. 5 Star Elevator's extensive industry experience coupled with our
smaller corporate footprint gives us the ability to provide our 5 Star level of services at pricing below our large
corporate competitors,
5 Star Elevator Service, Inc. is currently not under any suspension or debarment with any federal, state, or
municipal government and is current with all federal and state tax agency liabilities.
5 Star Elevator is a licensed bonded C -1 I contractor (Lic. #961757, expires 6/30/2013) We are also registered with
the State of California ROSH, ERT as a "Certified Qualified Conveyance Company" (Certificate# CCl I-
0128884, expires 312/2013)
We maintain current insurance which meets or exceeds all insurance requirements for this contract as a C 11
Contractorin the State of California. (GL- S5M,WC- $IM,Auto -$1M)
Work Plan and Methodology
Introduction.
5 Star Elevator Service, Inc. is a "Full Service Elevator Company licensed and certified in the State of California
to provide complete modernization and retrofit upgrades for all conveyance systems including but not limited to:
elevators, escalators, wheelchair lifts and dumbwaiter systems.
5 Star Elevator has reviewed all City of Santa Ana work protocol requirements and fully understands
requirements.
We will be providing all supervision, labor and material to perform the complete modernization of the "Main
Library" elevator as well as required preventative maintenance, callbacks, adjustments, lubrication, repairs, part
replacements, testing and cleaning as specified to maintain all vertical transportation equipment in compliance
with governing standards and full compliance with California Code of Regulations, Title 8 & ASME A17,1 Code
for condition and safe operating order of the aforementioned equipment at all times.
All of our work would be carried out with the highest regard for public safety and employee safety while fulfilling
our obligations under this agreement. All work will be documented by 5 Star Elevator using appropriate and
standard compliant documentation with copies of this documentation provided at the time services are rendered.
23A -20
Personnel
John Hodge, Territory Manager, Primary Account Manager for City of Santa Ana
My 10+ year background in large account management is extensive. I've worked with many Federal, State,
Municipal and Institutional clients for many years. My commitment to top level customer service is unrivaled in
this industry and my philosophy in providing customer service is simple; Respond to my clients phone calls or
emails within a few hours and: "Treat all my clients fairly and honestly as I would like to be treated" I look
forward to delivering our 5 Star level of service to our new partners at City of Santa Ana.
Michael Klotzly, V.P. of Sales and 2°d Account Manager for City of Santa Ana
Michaels 25+ year background in large account management is extensive. Mike has worked with many of the
largest property management companies here in California for over 25 years.. Mikes unique perspective in our
industry drives the core commitments for 5 Star Elevator and will assist in managing and developing the long
term partnership with City of Santa Ana.
Scott Davidson., Troubleshooter for City of Santa Ana
Scott has worked in the elevator industry for over 30+ years. His extensive background in maintenance, diagnoses
and repair of complex vertical transportation equipment is an asset to 5 Star elevator and his expertise on City of
Santa Ana's specific vertical transportation equipment is extensive. Scott has formal training from Dover/U.S.
Elevator (Thyssen Krupp) Otis Elevator, Montgomery Elevator (Kone), Motion Control Engineering and Elevator
Controls Corporation. His strong work ethic and ability to quickly assess a speck problem and develop a
solution will be a long term asset to City of Santa Ana.
Charles Morphew Jr., 1" Technician for City of Santa Ana
Charles, Chuck Jr. has worked in the elevator industry for over 10+ years. His extensive background in
maintenance, diagnoses and repair of complex vertical transportation equipment is an asset to 5 Star elevator and
his expertise on City of Santa Ana's specific vertical transportation equipment is extensive. Chuck has formal
training from Dover (Thyssen Krupp) Otis Elevator, Montgomery Elevator (Kom) and Elevator Controls
Corporation. His strong work ethic and ability to quickly assess a specific problem and develop a solution will be
a long term asset to City of Santa Ana.
Russell Wheeler, Repair Foreman for City of Santa Ana
Russell has worked in the elevator industry for over 15+ years. His extensive background in maintenance,
diagnoses and repair of complex vertical transportation equipment is an asset to 5 Star elevator and his expertise
on City of Santa Ana's specific vertical transportation equipment is extensive. Russell has formal training from
Dover (Thyssen Krupp) Otis Elevator, Montgomery Elevator (Kane) and Motion Control Engineering. His strong
work ethic and ability to quickly assess a specific problem and develop a solution will be a long tent asset to
City of Santa Ana.
Robert Hagger, Repair Helper for City of Santa Ana
Robert has worked in the elevator industry for over 7+ years. His extensive background in maintenance,
diagnoses and repair of complex vertical transportation equipment is an asset to 5 Star elevator and his expertise
on City of Santa Ana's specific vertical transportation equipment is extensive. Anthony has formal training from
Dover (Thyssen Krupp) Otis Elevator, Montgomery Elevator (Kone) and Elevator Controls Corporation. His
strong work ethic and ability to quickly assess a specific problem and develop a solution will be a long term asset
City of Santa Ana.
Elevator Monitoring Services.
5 Star Elevator Certifies full compliance with the requirements of the California Safety Construction Code, 7-
3041.1 .A . We maintain a local central telephone dispatch providing twenty four (24) hour seven (7) days a
week, 365 day coverage for each elevator telephone connected to our dispatch. We will, upon request, dispatch
all emergency, technical, and administrative personnel to the designated elevator car. In the event of elevator
phone monitoring system failure, we will provide all support to the dial tone provider until failure is resolved.
23A -21
o 5 Star Elevator's phone monitoring service will include...
o Answering all calls originating from elevator within three (3) rings;
o Dispatching all emergency and non - emergency calls to appropriate managing authority,
o Handling all calls from elevators, where no response from the inhabitants occurs, as an emergency
dispatch even if the call is terminated at the elevator device.
o Installation and programming of all hardware, at agreed pricing.
o Establishing and maintaining an updated call out list for each facility;
o Providing a single point of contact within service provider for problem resolution and, monthly testing of
these emergency communications systems.
Elevator Modernization
5 Star Elevator Service, Inc. will provide all supervision, labor, tools, equipment, and materials necessary for the
satisfactory performance and completion of the "Main Library Elevator Modernization" Requirements fulfilled
will include modernization system design, implementation of system design and complete installation,
adjustments, code required inspections and documentation to appropriate governing code authorities which will
deliver a fully code compliant elevator to the city on project completion. The steps provided are not intended to
describe the full spectrum of services or tasks, but to serve as an indicator of understanding project scope of work,
city protocols and compliance with all requirements within this project.
Preventative "Warranty" Maintenance
5 Star Elevator Service, Inc. will provide all supervision, labor, tools, equipment, and materials necessary for the
satisfactory performance of regularly scheduled preventive maintenance servicing. Requirements include
monthly, quarterly preventive maintenance activities per industry standards and best practices. The following
maintenance procedure steps provided in our Pull Maintenance Service Agreement demonstrate examples of
common tasks relative to maintenance schedules. The steps provided are not intended to describe the full
spectrum of services or tasks, but to serve as an indicator of the service level for conveyance systems. Services
shall at a minimum comply with the procedures and frequencies as defined within Scope of Work as defined in
attached "Full Maintenance Service Agreement" documents.
Hours of Service
o 5 Star Elevator shall provide all preventative maintenance work Monday- Friday 8.00 AM. — 4:30 PM.
o Contractor shall provide emergency minor adjustment call -back service on a 24 hour, 7 days a week basis
at specified rates in pricing agreement.
Schedule
S Star Elevator has provided a work schedule for this project based on tentative approval which clearly shows
the specific tasks to be performed under this contract.
Records
o 5 Star Elevator will provides set of conch uction drawings and schematics, on completion of this project, .
o 5 Star Elevator will provide a record of all service and repair work completed during the warranty period.
o 5 Star Elevator shall maintain the construction drawing/schematic records and the servieedrepairs, fire
recall records, and emergency lowering unit records for each elevator during the entire term of the
Agreement. 5 Star Elevator shall maintain and add to these records to show the complete history of
service and repair to include date/time of service, work performed, additional work required, labor hoes,
and materials.
o 5 Star Elevator shall return these records to the City of Santa Ana Project Manager at the completion of
this Agreement.
o All records shall be the properly of the City of Santa Ana
Additional Requirements
23A -22
o 5 Star Elevator will provide and maintain a telephone answering system with twenty -four (24),
seven (7) days per week service capable of contacting and dispatching service personnel.
o 5 Star Elevator will provide personnel fully trained and experienced in installation,
modernization, repair, and maintenance of various elevators and escalators. Provide
documentation to verify that the our personnel have valid California State Licenses for work they
are performing.
o 5 Star Elevator will perform all Work in accordance with generally accepted industry practice for
safe and efficient operation.
o 5 Star Elevator will identify and advise the City of Santa Ana Project Manager of any additional
maintenance or repair work that may be required to maintain the efficient operation and useful
life of the equipment.
Warranty
o 5 Star Elevator guarantees all repair work included in this agreement against any defects in
workmanship; and shall satisfactorily repair any such defects, at no cost to the City of Santa
Ana. Parts furnished under this Agreement shall be the latest improved models in current
production, as offered to commercial trade, and shall be of quality material
o The warranty period for Contractor provided materials shall be for a period not less one year
after completion of installation or within manufacturer warranty, whichever is the later period.
Work Plan Considerations
5 Star Elevator Service has no major issues or challenges with specifications or City of Santa Ana's
defined work plans. As with all government/public contracts; clear concise mutual communications
are key in a successful working partnership. We would strongly recommend a minimum of quarterly
meetings with City of Santa Ana's Project Manager to review current conditions, and develop
solutions for any challenges as they arise.
5 Star Elevator wants to express our thanks for the City of Santa Ana's consideration of our proposal.
We know though your due diligence that the award of this agreement will be made to the contractor
providing the best value to the City of Santa Ana
If there are any questions or additional information is required during your evaluation, please call me
anytime. Office: (714) 279 -8700, Cell: (951) 956 -7220
Sincerely,
John Hodge, Territory Manager
5 Star Elevator Service, Inc.
23A -23
23A -24
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23A-25
City of Santa Ana, Library Elevator Project Schedule
5 Star Elevator Service, Inc. Today's Date: 9120/2013
Project Lead: John Hodge, Territory Manager Phone: (714) 279.8700, Cell: (951) 958 -7220
Start Date: 10123!2019 Thursday
23A -26
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23A -26
APPENDIX B
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA MAIN LIBRARY ELEVATOR MODERNIZATION
RFP NO.: 13.038
PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for
Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am
familiar with all the existing conditions and limitation that may impact work requests. I understand and agree
that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the
submission of my proposal. This price shall include all labor, material, sales tax, shipping and inspection fees
and has been based upon performing all work during regular working hours.
LINE
DESCRIPTION
UNIT
UNIT
UNIT PRICE
EXTENDED
QUANTITY
TOTAL PRICE
1
Provide and install base bid
LS
1
elevator improvements
$53,936.00
$53,936.00
2
One -year Service and
Monthly
12
$150.00
$1,800.00
Maintenance
Total Base Bid Cost (Add Lines 1 and 2):
S -7 3 [�
AB1
Alternate Bid 1:
Cab Interior
LS
1
$10,440.00
$10,440.00
AB2
Alternate Bid 2:
Fire /Smoke Detectors
LS
1
$7,044.00
$7,044.00
'13/ 2f&,
5 Star Elevator Service, Inc. Office: (714) 279 -8700, Fax: (714) 279 -8703
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
1556 N. Case St. Orange, CA. 92867
BUSINESS ADDRESS
John
OF AUTHORIZED AGENT TITLE
9/20/2013
IU NUMbhK (IF AP
C -11, 961757
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
23A -27
Exhibit B
Ln---i
LEGEND
PROJECT LOCATION
EXHIBIT 2
ANA C
CITY COUNCIL P
SANTA A
23A -28
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
AMEND AN AGREEMENT FOR ENVIRONMENTAL
SERVICES WITH URS CORPORATION FOR THE
PREPARATION OF AN EIR FOR A 24 -UNIT SINGLE
FAMILY RESIDENTIAL DEVELOPMENT AT 1584
EAST SANTA CLARA AVENUE
CITY MANAGltR
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 1� Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached amendment to
the agreement with URS Corporation for environmental services in an amount not to exceed
$42,735 for a new 24 -unit single - family residential development at 1584 East Santa Clara
Avenue, subject to non - substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In April 2010, Tava Development contacted the City with the intent to re- commence development
of the former Empire Homes 24 -unit single family residential development at 1584 East Santa
Clara Avenue. The Tava Development proposal was proposed to be similar in scope, layout and
quality to the previously proposed project by Empire Homes. Due to the potential for significant
environmental impacts, an environmental impact report (EIR) was required for this project
pursuant to the California Environmental Quality Act.
A Request for Proposal was circulated to three qualified environmental firms in 2007 as a part of
the Empire Homes proposal. URS Corporation was selected as the environmental consultant
and it thereafter began work on the EIR. URS had nearly completed the draft EIR when, in 2009,
Empire Homes decided to cancel the project due to economic circumstances. Work on the EIR
was discontinued at that time.
In December 2010, URS was awarded the EIR contract for the new proposal by Tava
Development. Since its initial approval, the contract has been amended on three occasions due
to the need to prepare additional environmental studies. This proposed amendment to the
existing agreement will include the preparation and analysis of an additional alternative to the
single - family residential development as well as a carbon sequestration greenhouse gas analysis
of the new residential development. Additionally, technical memorandums to the alternative may
be prepared, revisions will need to be made to the draft EIR, and the draft EIR will need to be
recirculated for public review and comment. As a result, staff is requesting that an amendment to
25A -1
Amendment to Agreement with URS Corporation
November 4, 2013
Page 2
the agreement be executed with URS in an amount not to exceed $42,735. This agreement will
remain in effect until completion of the EIR. The entire cost of this work has been covered by the
property owner, with funds in this amount to be deposited with the City.
FISCAL IMPACT
Funds in the amount of $42,735 will be deposited by the property owner, Concordia University,
into the Treasurer's Trust fund, Planning and Building Agency — EIR Developer Fees account
(no. 09801001 - 24035) prior to the consultant commencing any work.
Jay Trevino
Executive ` Director
Planning and Building Agency
VF:rb
vArepoRS \URS Corporation EIR 4th contract amendment. cot 10413
Exhibit: 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
�IS 1:, � ��,
Francisco Gutierrez r
Executive Director
Finance & Management Services Agency
25A -2
FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is entered into on
2013, by and between URS CORPORATION, a Nevada corporation
( "Consultant "), doing business as URS Corporation Americas, and the City of Santa Ana, a charter city
and municipal corporation of the State of California ( "City ").
RECITALS:
A. The parties entered into Professional Services Agreement #A -2010 -233, dated December 6, 2010,
(hereinafter "said Agreement ") by which Consultant provided professional environmental reports
and services. Thereafter, the parties entered into a First Amendment to Professional Services
Agreement #A- 2011 -251, dated December 22, 2011. Thereafter, the parties entered into a Second
Amendment to Professional Services Agreement #A -2012 -064, dated April 17, 2012. Thereafter,
the parties entered into a Third Amendment to Professional Services Agreement #A -2012 -216,
dated October 15, 2011
B. In accordance with the terms and conditions of said Agreement, as amended, the parties wish to
further amend the Scope of Services and Compensation to include additional required CEQA
services for the TAVA Development project.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions of said Agreement, except as herein modified, the parties agree as follows:
I. Section 1, SCOPE OF SERVICES, shall be amended to include those services necessary to
complete the TAVA Development project environmental review, as set forth in Consultant's
Proposal for Additional Alternative Analysis, Carbon Sequestration Greenhouse Gas (GHG)
Analysis, and EIR Recirculation for the Sexlinger Property Development dated October 16, 2013,
attached hereto as Exhibit A and incorporated herein by this reference.
2. Section 3, COMPENSATION, shall be amended to increase total compensation to Consultant by
an amount not to exceed $42,735 in additional compensation to pay for the specific SCOPE OF
SERVICES added by this Fourth Amendment to Professional Services Agreement, as identified in
the Fee Estimate in Exhibit A attached hereto and incorporated herein by this reference.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full
force and effect.
EXHIBIT 1
25A -3
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Professional
Services Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
BY:
Ryan O. Hodge
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
JAY TREVINO
Executive Director - PBA
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
URS CORPORATION
HARLEY S. MARTIN
Vice President
25A -4
EHIBIT A
(Attached)
25A -5
October 16, 2013
Mr. Vince C. Fregoso, AICP
Principal Planner
Planning Division
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
SUBJECT: PROPOSAL FOR ADDITIONAL ALTERNATIVE ANALYSIS, CARBON SEQUESTRATION
GREENHOUSE GAS (GHG) ANALYSIS, AND EIR RECIRCULATION FORTHE
SEXLINGER PROPERTY DEVELOPMENT.
Dear Mr. Fregoso:
Pursuant to a request from the City of Santa Ana (City), URS Corporation (URS) is pleased to
submit this proposal to provide additional CEQA Environmental Impact Report (EIR) analyses
for the development of the former Sexlinger Farmhouse and Orchard (formerly known as the
TAVA Development). It is our understanding that the City is requesting analysis of an additional
project alternative, as well as an analysis in response to public comments regarding the amount of
carbon sequestration that would be lost from the change in land use of the site from its current
use as a non - operating (former) orchard to a single family residential development.
As a result of these additional analyses, the current Draft EIR will require recirculation upon
inclusion of the new information. The proposed scope of services and costs are described below.
TASK 1 — ADDITIONAL ANALYSES AND EIR REVISIONS
Based on comments received during the Draft EIR public review period regarding property and
cultural resources, as well as subsequent direction resulting from Historic Preservation
Commission and Planning Commission review of the project, the City is requesting to revise the
Draft EIR to include one additional alternative. It is our understanding that this alternative
involves the preparation of an alternate subdivision design which will accommodate the existing
Sexlinger Residence in its current location. Furthermore, this alternative proposes to include the
residence as an available property for purchase as part of the overall subdivision development,
requiring the structure to be habitable. This may require improvements or alterations to the
exterior of the property which must meet the Secretary of the Interior Standards for
Rehabilitation and will require Historic Resources Commission review for major alterations.
This new alternative will be studied and analyzed further in the Revised Draft EIR.
EXHIBIT A
URS Corporation
2020 East First Street. Suite 400
Santa Ana. CA 92705
Tel 714 835 6886
Fax. 714 433 7701
� ursnorpeeei 25A -6
Mr. Vince C. Fregoso
City of Santa Ana
Page 2 of 7
`�
Task IA: URS will meet internally to discuss the alternative and prepare a conceptual
alternate subdivision design exhibit for City staff's review and comment. Upon City approval of
the conceptual design, URS will participate in one (1) conference call with City staff to discuss
its incorporation to the Draft EIR. Up to three (3) URS staff will participate in the internal
meeting and conference call with the City.
Task 1B: Impacts of the alternative will be analyzed under the following technical
resources: Aesthetics, Agricultural Resources, Air Quality, Biological Resources, Cultural
Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials,
Hydrology and Water Quality, Land Use and Planning, Noise, Population and Housing, Public
Services, Recreation, Transportation and Traffic, and Utilities. The technical memorandum will
be prepared for the following technical resources to analyze the additional alternatives: Cultural
Resources, Transportation and Traffic.
Assumptions:
1. URS will provide an electronic copy of the technical memorandum for City staff review
and comment.
2. URS will address and incorporate one (1) round of comments /review provided by the
City.
3. URS will participate in one (1) conference call with the City with up to three (3) URS
staff to discuss the alternatives and the preparation of the Technical Memorandums.
Task 1C: URS will conduct a carbon sequestration greenhouse gas analysis and prepare a
technical memorandum with findings and recommendations. The analysis will address public
comments regarding the amount of carbon sequestration that would be lost from the change in
land use of the site from an orchard to a residential development. Results and recommendations
of this analysis will be incorporated in the Draft EIR.
Assumptions:
1. URS will provide an electronic copy of the technical memorandum for the City staff
review and comment.
2. URS will address and incorporate one (1) round of comments /review provided by the
City on the Revised Draft EIR.
Task 1D: URS will revise the circulated Draft EIR and incorporate the additional
alternative and carbon sequestration greenhouse gas analysis.
Assumptions:
1. URS will provide an electronic copy of the Revised Draft EIR for the City staff review
and comment.
2. URS will address and incorporate one (1) round of comments /review provided by the
City on the Revised Draft EIR.
25A -7
Mr. Vince C. Fregoso
City of Santa Ana
Page 3 of 7
3. URS assumes no changes will be made to the original project description or to any
portions of the Revised Draft EIR not related to the additional alternatives.
TASK 2 — NOTICING AND RE- CIRCULATION OF DRAFT EIR
URS will prepare a Notice of Availability (NOA) for the revised Draft EIR. The NOA will be
mailed by URS via regular mail to those identified on the Distribution List, as previously
provided by the City.
URS will coordinate the reproduction of hard copies of the Draft EIR document. URS will
provide to the City 25 hard copies of the Draft EIR and 25 CDs with Appendix B: Technical
Studies. URS will also provide 10 CDs with the PDF version of the Draft EIR.
URS will coordinate with the State of California, Office of Planning and Research, State
Clearinghouse and prepare 15 Executive Summaries, 15 CDs of the EIR document, and copy of
the NOA. URS will submit the package to the State Clearinghouse via overnight delivery.
Assumptions:
1. URS will provide the City of Santa Ana an electronic copy of the NOA for review.
2. URS will address and incorporate one round of City comments on the NOA.
3. URS assumes that the same Distribution List, previously provided by the City, will be
utilized again for distribution the NOA. Any additional names will be provided by the
City to URS in a timely manner.
4. URS assumes the City will be responsible for noticing of the NOA in a newspaper of
general circulation.
5. URS assumes the City will place copies of the DEIR, including all related Technical
Memorandums and Appendices, at the City Planning Counter, City Public Library, and
will be responsible for posting these documents on the City's website.
6. URS assumes the City will be responsible for mailing and distributing hard copies to
other interested parties and agencies beyond the 25 hard copies provided.
TASK 3 — RESPONSE TO COMMENTS
Upon close of the public review period, URS assumes City staff will compile and distribute one
(1) complete set of all comments received on the Revised Draft EIR. URS will address only
comments related to the additional alternative or new information provided in the Revised Draft
EIR. URS will address up to 15 comment letters received on the revised alternative analysis.
Comment letters beyond the 15 letters or comments that require substantial analysis will require
additional fees through a subsequent contract and budget amendment. Responses to the
comments will be prepared and submitted electronically to the City for review. URS will address
and incorporate two (2) rounds of comments by the City on the URS responses. URS will
finalize the response to comments and format the continent letters and responses for inclusion
25A -8
Mr. Vince C. Fregoso
City of Santa Ana
Page 4 of 7
L jj mt�
into the Final EIR. An internal review will be performed by Senior URS staff on the responses to
comments.
Assumptions:
1. URS will address up to 15 comment letters.
2. URS will
notify the
Client of any anticipated budget constraints
when reviewing
comments.
URS will
provide the client with a scope amendment
if comprehensive
responses
are required,
beyond those that can be addressed within
the agreed upon
budget.
3. City will be responsible for submitting response to comments to those agencies and
interested parties that request to review the responses prior to approval of the document.
4. City comments between each department will be reviewed for inconsistencies and
resolved prior to transmitting to URS.
TASK 4 — ATTENDANCE AT PLANNING COMMISSION AND CITY COUNCIL HEARINGS
URS staff will be available to attend up to two public hearings held to hear public testimony on
the Revised Draft EIR; one (1) before the Planning Commission, and one (1) before the City
Council Up to three (3) URS staff will attend each hearing.
Assumptions:
1. URS involvement at the hearing will be limited to providing a response for questions
related to the preparation and content of the Revised Draft EIR and will not include
preparation of materials or hearing presentations.
2. URS assumes that any required revisions to the Draft EIR are based on discussion and /or
testimony presented the public hearing will be appropriately documented by City staff
through notes, meeting minutes, or via a court reporter /transcription service to be
provided by the City.
3. If the Planning Commission or City Council hearings are extended or continued to
multiple sessions beyond one (1) hearing, an amendment will be required to attend those
additional hearings.
TASK 5 — FINAL EIR
URS will finalize and format the EIR to include the response to comments and accompanying
appendices. Some of the appendices, depending on file size, will be provided on CD. URS will
provide an electronic copy to the City for one round of review of the document. URS will
address any comments provided by the City on the draft Final EIR. URS will provide the City
with 15 hard copies of the Final EIR and 15 copies of the document on CD. URS will perform an
internal review by Senior URS staff on the Final EIR.
25A -9
Mr. Vince C. Fregoso Ms
City of Santa Ana
Page 5 of 7
Assumptions:
1. URS will provide an electronic copy to the City for one round of review.
2. URS will provide 15 hard copies of the Final EIR document.
3. URS will provide 15 CDs of the Final EIR.
4. City will be responsible for delivering the Final EIR document to agencies and interested
parties.
TASK 6— PROJECT MANAGEMENT
The project management task is for continued day -to -day management activities through the
extended duration of this project until the time of anticipated review by the Historic Preservation
Commission, Planning Commission and City Council in December 2013. Activities under this
task include quality control, billing, preparation and review of status reports and invoices, and
coordination with the City for any project - related issues for this highly controversial project. The
project manager assigned to this task will participate in conference calls or meetings, as needed,
with the City regarding any issues that may arise during preparation and review of the
environmental document.
COST AND SCHEDULE
URS' estimated cost to implement the services is $42,735.00 based on a not -to- exceed, time -and-
materials basis. Our proposal includes the costs for the proposed services, as well as our
assumptions and level of effort associated with performing the above scope of work as specified
above and based on the cultural resource issues experienced on this project since release of the
DEIR.
The following table presents a tentative schedule for the tasks included in this scope. We assume
a start date following City Council approval of the proposal, however, URS can proceed sooner
with written authorization from the City.
Task Name
Task 1 Additional Analyses and EIR Revisions
Task 2 Noticing of Draft EIR and Circulation of Draft EIR
Task 3 Response to Comments
Task 4 Attendance at Public Hearings
Task 5 Final EIR
Task 6 Project Management
25A -10
Start
Tues 11/05/13
Mon 1210213
Thurs 12/16/13
Mon 01/13/14
Finish
Fri 12/16/13
Wed 01/30/14
Fri 02/04/14
Mon 01/13/14
Jan 2014 TBD Feb 2014 TBD
Tues 11/05/13 Feb 2014 TBD
Mr. Vince C. Fregoso
City of Santa Ana
Page 6 of 7
Please feel free to contact us if you have questions or require additional information.
Sincerely,
Jeffry
URS CORPORATION
VP/Manager, Environmental Planning
Attachment A — Fee Estimate
William Manker ;
URS CORPORATION
Deputy Office ManagerNice President
25A -11
Mr. Vince C. Fregoso
City of Santa Ana
Page 7 of 7
�i
Attachment A —Fee Estimate
Tasks
Cost
Task 1- Additional AnalyseslEIR Revisions
$17,455.00
A. Finalize Alternative
$4,870.00
B. Alternative Analysis /ResourceAreas
$4,220.00
C. Carbon Sequestration GHG Analysis
$2,375.00
D. ReviseDE1R
$5,990.00
Task 2- Noticing /DEIR Circulation
$2,435.00
Task 3- Response to Comments
$9,175.00
Task 4- Public Hearings
$1,440.00
Task 5 -Final EIR
$6,980.00
Task 6- Project Management
$2,750.00
Other Direct Costs (Copies, CDs, Delivery, etc.
$2,500.00
Total
$42,735.00
25A -12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2013 -03 FOR THE
PROPERTY LOCATED AT 2450 NORTH
BONNIE BRAE
CITY MANA ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
•C• o
❑ As Recommended
❑ As Amended
❑ Ordinance on 1� Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with the
property owner Andrea Michelle Hopper for the structure located at 2450 North Bonnie Brae,
subject to non - substantive changes approved by the City Manager and City Attorney.
HISTORIC RESOURCES COMMISSION ACTION
Recommended that the City Council authorize the City Manager and Clerk of the Council to
execute the attached agreement with the property owner Andrea Michelle Hopper for the
structure located at 2450 North Bonnie Brae, subject to non - substantive changes approved by
the City Manager and City Attorney at its October 3, 2013 meeting by a vote of 5:0 (Hitterdale,
Schaefer absent).
DISCUSSION
This action allows for the approval of a Historic Property Preservation Agreement (Mills Act
Contract) which provides a potential property tax reduction allowing the property owner to
reinvest the tax savings into the maintenance of the historic property (Exhibit A). Additionally, the
agreement prevents inappropriate alterations.
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by
an estimated $75.90 to $379.52 annually, for a period of not less than ten years.
J6VM. Trevino
Executive Director
Planning & Building Agency
HS:rb
hs\historic info \mills act agreementsJ2450N Bonn ieBrae \hppa13 -03.cc
Exhibit: A. Historic Resources Commission Staff Report
2513-1
25B -2
REQUEST FOR
Historic Resources Commission Action'
HISTORIC RESOURCES CONMSSION NEETM DATE:
OCTOBER 3, 2013
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2013-03 FOR THE PROPERTY
LOCATED AT 2450 NORTH BONNIE BRAE
Prepared by Hally Soboleske
HISTORIC RESOURCES COMMISSION SECRETARY
APPROVED
• As Recommended
• As Amended
• Set Public Hearing For
CONTINUED TO
Executive Director Planning Wanager
RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and Clerk of the Council to execute
the attached agreement with the property owner Andrea Michelle Hopper for the structure located
at 2450 North Bonnie Brae subject to non - substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
Request of Applicant
The applicant, Andrea Michelle Hopper, requests the approval of Historic Property Preservation
Agreement No. 2013 -03 (Mills Act) between the property owner and the City of Santa Ana.
Property Description
The subject property is a ranch styled residence and attached garage located at 2450 North
Bonnie Brae and is within the Floral Park neighborhood. Surrounding land uses include single
family residences (Exhibit 1).
Analysis of the Issues
In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation
Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties.
The agreement provides monetary incentive to the property owner in the form of a property tax
reduction in exchange to the owner's voluntary commitment to maintain the property in a good
state of repair and to rehabilitate the property as necessary to maintain its character and
appearance. Once recorded, the agreement triggers the use of a different valuation method in
determining the property's assessed value, thereby resulting in potentially significant property tax
savings for the owner.
EXHIBIT A
25B -3
HPPA No. 2013 -03
October 3, 2013
Page 2
One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa
Ana Register of Historical Properties. The subject property was placed on the local register as the
Berck- Gilbert House and categorized as Contributive in July 2013 by the Historic Resources
Commission (Exhibit 2).
Upon consideration of the application, it is recommended that the City enter into a Historic Property
Preservation Agreement (Exhibit 3). Photos of the property are included with the agreement as
well as a photo location map. The benefits of executing this agreement include, but are not limited
to, the following:
1. Reduced property tax to allow reinvestment for the long term preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an additional incentive for potential buyers to purchase historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical environment of the
community.
6. Offers additional support and attention for historic districts and historic structures in the City.
CEQA Compliance
In accordance with the California Environmental Quality Act, the recommended action is exempt
from further review under General Rule Section 15061(b)(3), and therefore, the recommended
action is exempt from further review.
Hally Sobolqfke
Associate Pfanner
HS:jm
hsW510dc T(d,Mj la act agreementsl2450NBcnn ,eBraelhppai3 -03.hm
Attachments:
Exhibit 1 — 500' Radius Map
Exhibit 2 — Department of Parks and Recreation Form
Exhibit 3 — Mills Act Agreement
25B -4
H PPA- 2013 -03
2450 North Bonnie Brae
PLANNING AND BUILDING AGENCY
2 �I - 1
T
EXECUTIVE SUMMARY
BERCK- GILBERT HOUSE
2450 North Bonnie Brae
Santa Ana, CA 92706
NAME
Berck - Gilbert House
REF. NO.
ADDRESS
2450 N. Bonnie Brae
CITY
Santa Ana
ZIP
1 92706 ORANGE COUNTY
YEAR BUILT
1951
LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT
N/A
NEIGHBORHOOD
Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION
3
CALIFORNIA REGISTER STATUS CODE
5St
Location: ❑ Not for Publication ® Unrestricted
❑ Prehistoric ® Historic ❑ Both
ARCHiT,EMRAL STYLE: Ranch
Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War li residential
expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch
House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's
vemacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's
concern for informality, expressed in materials and plan, and indoor - outdoor integration.
While the style includes several variants, a basic set of character - defining features applies to most examples. In form and
massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying
roof heights. Generally L- shaped or U- shaped in plan, the Ranch House typically has a one -story profile with strong
horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design,
the Ranch House is often sheathed in and accented with rustic materials such as board - and -batten siding, high brick
foundations, art stone, and wood shake roofs. Indoor - outdoor integration is achieved through the use of recessed or
extended porches, set low to the ground, and the generous use of large picture, ribbon, or comer windows. Window
detailing can include wood frames, decorative shutters, and diamond - patterned muntins. Ornamentation includes
rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove
cotes and bird houses.
SUMMARYICONCLUSION:
The Berck- Gilbert House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion I. for its
exemplification of the distinguishing characteristics of the Ranch style, as well as its association with Calvin M. Gilbert,
founder of longtime local business Gilbert and Stearns Electric. Additionally, the house has been categorized as
"Contributive" because it "is a good example of period architecture. " (Municipal Code, Section 30 -2.2).
EXPLANATION OF CODES:
« California Resister Criteria for Evaluation; (From California Office of Historic Preservation, Technical Assistance
Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.)
3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or
represents the work of a master, or possesses high artistic values.
• California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.)
SSI. Individual property that is listed or designated locally.
State of California —The Resources Agency Primary #_
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code ......
Other Listings
Review Code__ Reviewer Date
of 4 name(s) or number (assigned by recorder)
P1. Other Identifier:
"P2. Location: ❑Not for Publication ■Unrestricted 'a. County Orange County
'b. USGS 7.S Quad TCA1725 Date:
'c. Address 2450 North Bonnie Bree City Santa Ana Zip 92706
"a. Other Locational Data: Assessors Parcel Number 002 - 071 -29
`P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Long and horizontal, this ranch styled residence is sheathed primarily in stucco, but includes wide clapboard siding as a
decorative feature around the windows on the left bay. This residence is topped with dark composition shingles. An
interesting front fagade feature is the brick chimney between two wood two- over -two single hung windows. Other front facing
windows include a tripartite window to the left of the front entry with fixed glass in the center and two ten light casement
windows flanking either side. One nonoriginal window appears to the very left of the front Pagade. It is composed of wood with
eight - over -eight single hung function. Wood shutters flank each front window, and are likely anginal, but are nonfunctional
and for decoration only. The front entry is a small porch with single 4'x 4° wood porch support. The porch floor is a
combination of brick and concrete with a single step. Mature landscape surrounds the property. The property is in excellent
condition.
'123b. Resource Attributes: (list attributes and codes) HP2. Single - family Property
'P4. Resources Present: ■Building E]Structure ❑Object ❑Site ❑District OElementof District ❑Other
P5a. Photo
and Object
P5b. Photo: (view and date)
East facing elevation
2013
•P6. Date Constructed /Age and
Sources: s historic
195110ty of Santa Ana Building Permits
"P7. Owner and Address:
Andrea Michelle Hopper
2450 North Bonnie Brae
Santa Ana, CA 92706
`P6. Recorded by:
Hally Soboleske
20 Civic Center Plaza
Santa Ana, CA 92702
"P9. Date Recorded:
June 4, 2013
•P10, Survey Type:
Intensive Survey Update
•P11. Report Citation: (Cite survey report
and other sources, or enter "none ")
None.
'Attachments: ONone ❑Location Map O
Sketch Map WContinuation Sheet
❑Archaeological Record ❑District Record OLinear Feature Record ❑Milling Station Record ORock Art Record
OArtifact Record OPhotograph Record O Other (list)
DPR 523A (1145)
P 526-7
'Required information
State of California —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI# .-
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 4 *CHR Status Code 5S1
-Kesource Name or n: ciemrc -L7tmen house
81. Historic Name: Berck- Gilbert House
B2. Common Name: Same
B3. Original Use: Single - family Residence
*B5. Architectural Style: Ranch
84. Present Use: Single- family Residence
*B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1951
January 25, 1951. 6 rm. Residence and garage ($12,000)
February 3, 1989. Change out windows.
Septemberl4, 1990. Reroof($11,000)
*B7. Moved? Ohio OYes ❑Unknown pate: Original Location:
*BS. Related Features:
None.
139a. Architect: Unknown
b. Builder. Allison Honer
*BID. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: CR: 5S1
(Discuss hnportance in terns of historical or architectural context as defined by therne, period, and geographic scope. Also address integrity)
The Berck- Gilbert House was constructed as a speculative venture by Alison Honer who was a watt -known and prolific builder
in Santa Ana, California. The residence is historically significant for its association with first owners Neil and Myma Berck.
Originally from Nebraska, Neil moved to Santa Ana, California as a child and attended school in Long Beach. He graduated
from Long Beach State College with a degree in Industrial Arts. Calvin and Helen Gilbert purchased the home shortly after in
1952. Calvin Gilbert was the primary electrician for the construction of this structure being a founding member of Gilbert and
Steams Electric. It is notable that Gilbert and Steams still operate at 609 E 4th St, Santa Ana. Calvin Gilbert lived in this
home until his death in 1976.
(See Continuation Sheet 3 of 4)
811. Additional Resource Attributes: (List attributes and codes)
*812, References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
(See Continuation Sheet 4 of 4.)
B13. Remarks:
*814. Evaluator: Hally Soboleske
*Date of Evaluation: June 04, 2013
(This space reserved for official comments.)
Pa e3 f4
259 -
Sketch Map
2450 N. Bonnie Was
002- 071 -20
l{
0.
•�f �rl;
t3a -
c,
- o
,�1 a
7
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI If
CONTINUATION SHEET Trinomial
"Recorded by Hally Soboleske
DPR 523B (1195)
"B10. Significance (continued):
or # (Assigned by recorder) Berck -Gilbert House
`Date June 04, 2013 17 Continuation O Update
*Required Information
Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as
Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of
Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection
as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods
developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with
cultivated fields and orchards dotted with widely scattered farmhouses.
The Berck- Gilbert House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West
Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and
widely scattered ranch houses characterized this area before 1920. Developer and builderAllison Honer (1897 - 1981),
credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls,
New York in 1922 (Talbert, pages 353.356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.
And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel
chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the
Floral Park homes were Me most lavish and expensive in the area. They sold for about $44000 each" (Orange County
Rai r September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and
1930s, Floral Park showcased examples of the English Tudar, French Norman, Spanish Colonial, and Colonial Revival
styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco -styled Old
Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the
neighborhood he had helped create, at 615 West Santa Clara Avenue.
In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral
Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa
Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial
Revival mansion at 2009 Victoria Drive. In the eady post-World War II years, Floral Park continued its development as
numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park.
The Bemk- Gilbert House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion i for its
exemplification of Me distinguishing characteristics of the Ranch style and its association with Calvin M. Gilbert, a founding
member of the long time Santa Ana business, Gilbert and Steams Electric. Additionally, the house has been categorized as
"Confributive" because it is a 'good example of period architecture' Character - defining exterior features of the Bemk- Gilbert
House that should be preserved include, but may not be limited to, exterior materials, massing and exterior sheathing,
original windows where extant chimney, and front porch configuration.
812. References (continued):
Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to Amedcan Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How to Complete the National Register Registration Form. "Washington DC: National
Register Branch, National Park Service, US Dept of the Interior, 1991.
Office of Historic Preservation. 'Instructions for Recording Historical Resources." Sacramento: March 1995.
Pteasants, Mrs. J. E. History of Orman a County. California. volume 2. Los Angeles., J. R. Finnell & Sons, 1931, pp. 364 -365.
Miffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Alison Honer Dies at 84,'1hg§Anta Ana Joumal September 21, 1981.
"Builder of Honer Plaza Dies," Orange County Register. September 16, 1981.
"History of Floral Park." h floral- paik.coMpaoe2.html.
Santa Ana and Orange County Directories, 1937 -1978,
DPR 523L gg q§ 4
MILLSACTAGREEMENT
2450 North Bonnie Brae
SanraAno, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M -30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ( "Agreement ") is made and entered into this November 4, 2013 by and
between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the of the State of California (hereinafter referred to
as "City "), and Andrea Michelle Hopper, (hereinafter referred to as "Owners "), owner of real
property located at 2450 North Bonnie Brae, Santa Ana, California, 92706 in the County of
Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act") to enter into
contracts with Owner of qualified historical properties to provide for appropriate
use, maintenance, rehabilitation and restoration such that these historic properties
retain their historic character and integrity.
B. The Owner possess fee title in and to that certain qualified real property together
with associated structures and improvements thereon, located at 2450 North
Bonnie Brae, Santa Ana, CA, 92706 and more particularly described in Exhibit
"A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property ".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
EXHIBIT 3
-t-
25B-10
MILLS ACTAGREEMENT
2450 North Bonnie Brae
Santa Ana, CA 91706
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on November 4, 2013, and shall
remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the
effective date of this Agreement, such initial term will automatically be extended as provided in
California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall
automatically be added to the initial ten (10) year term of this Agreement unless written notice of
nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual
renewal date, one (1) year shall automatically be added to the term of the Agreement as provided
herein.
C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a
written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal.
d. If either the Owner or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
-2-
25B-11
MILLSACTAGREEMENT
2450 North Bonnie Brae
Santa Ana, CA 92706
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character -
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
C. A view corridor enabling the general public to see the Historic Property from the
public right -of -way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
of character - defining features of the building or site; removal of trees and other major vegetation
unless removal is approved by a rehabilitation plan approved by the Historic Resources
Commission, paving of yard surface; exterior alterations or additions unless approved by the
Historic Resources Commission and such alternations are in keeping with the Secretary of
Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
e. Owner shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana
as may be necessary to determine the Owner' compliance with the terms and provisions of this
Agreement.
4. Furnishing of Information.
The Owner hereby agree to furnish the City with any and all information requested which
may be necessary or advisable to determine compliance with the terms and provisions of this
Agreement.
-3-
25B-12
MILLSACTAGREEMENT
2450 North Bonnie Brae
Santa Ana, CA 92706
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner have breached any of the conditions of this Agreement, or have allowed the property to
deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or
if the City determines that the Owner have failed to restore or rehabilitate the property in the
manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the
Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half
(12 %) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural
disaster such that in the opinion of the City Building Official more than sixty (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled because, in
effect, the historic value of the structure will have been destroyed. No fee shall be imposed in
the case of destruction by acts of God or natural disaster.
c. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a In lieu of and/or in addition to any provisions to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by the
Owner, the City shall give written notice to the Owner by registered or certified mail, and if such
a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for
Development Services or designee within thirty (30) days thereafter, or if not corrected within
such a reasonable time as may be required to cure the breach or default, or default cannot be
cured within thirty (30) days (provided that acts to cure the breach or default may be commenced
within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner),
then the City may, without further notice, declare a default under the terms of this Agreement
and may bring any action necessary to specifically enforce the obligations of the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owner or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not
enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
-'t -
25B -13
MILLSACTAGREEMENT
2450 Nortk Bonnie Brae
Santa Ana, CA 91706
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subject the Historic Property, located at 2450 North Bonnie
Brae, Assessor Parcel Number, 002 - 071 -29, and more particularly described in Exhibit A, in the
City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement.
b. The City and Owner hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the
Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Property or any portion thereof, shall conclusively be held to have been
executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed
in this Agreement regardless of whether such covenants, restrictions and reservations are set
forth in such contract, deed, or other instrument.
8. No Compensation.
Owner shall not receive any payment from the City in consideration of the obligation
imposed under this Agreement, it being recognized that the consideration for the execution of
this Agreement is the substantial public benefit to be derived therefrom and the advantage that
will accrue to the Owner as a result of the effect upon the assessed value of the property on the
account of the restrictions on the use and preservation of the property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
City: City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza {M -30}
Santa Ana, CA 92702
Owner: Andrea Michelle Hopper
2450 North Bonnie Brae
Santa Ana, CA 92706
-s-
25B-14
MILLSACTAGREEMENT
2450 North Bonnie Brae
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner' activities in connection with the Historic Property.
C. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
operations referred to in this Agreement regardless of whether or not the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, and restrictions
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation of law on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
-6-
25B-15
MILLSACTAGREEMF.NT
1450 North Bonnie Brae
Santa Ana, CA 92706
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
Maria D. Huizar
Clerk of the Council
Owner
Date:
APPROVED AS TO FORM:
By:
Sonya R. Carvalho
City Attorney
CITY OF SANTA ANA
David Cavazos
City Manager
By:
Andrea Michelle Hopper
-7-
25B-16
MILLS ACTAGREEMENT
2450 North Bonnie Brae
Santa Ana, CA 92706
Exhibit A
POTTS, BORDEN & SIDWELL TR LOT 4 POR THEREOF
Assessor's Parcel Number: 002 - 071 -29
-8-
25B-17
MILLSACTAGBEEMENT
1450 North Bonnie Brae
Santa Ana, CA 42706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its cnvironment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
Q. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
81 Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
9. Contemporary design for alternations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, an such design is compatible with
-9-
25B-18
MILLSACTAGREEMENT
2450 North Bonnie Brae
Santa Ana, CA 42706
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
-to-
25B-19
' * _ "1.• � .�+e�4Mk a A' _ „ y .
a:
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BONNIE BRAE
-1z-
25B-21
25B -22
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
CLERK OF COUNCIL USE ONLY:
TITLE:
APPROVED
Score
96.0
❑ As Recommended
AGREEMENTS WITH NATIONAL DATA &
[I As Amended
SURVEYING SERVICES AND
p Ordnance on 2° Reading
TRANSPORTATION STUDIES, INC., FOR
❑Implementing Resolution
TRAFFIC COUNTING SERVICES
❑ Set Public Hearing For
........CONTINUED TO
/�Z•ti� FILE NUMBER
CITY AGER
Authorize the City Manager and Clerk of the Council to execute agreements with National Data &
Surveying Services and with Transportation Studies, Inc., subject to nonsubstantive changes
approved by the City Manager and City Attorney, to provide traffic counting services, each for an
amount not to exceed $30,000, with an option to extend the agreements for two one -year terms.
DISCUSSION
The recommended action will allow the City to contract for annual traffic counting services to
conduct counts needed for neighborhood studies, the biannual citywide traffic volume study, the
annual traffic signal priority studies, and grant funding applications. These contracts also include
data collection and speed surveys in support of the speed hump program.
A Request for Proposals (RFP) for annual traffic counting services was posted on the City
website on Monday, September 9, 2013. Five consultants submitted proposals that were
reviewed by Public Works Agency staff. The ratings were based on experience, qualifications,
project understanding, scheduling, past performance, and the overall proposal. Once rated, the
sealed bids of the top three firms were opened.
The RFP required each firm to submit proposed costs for a particular scenario of work. The costs
for the scenario are for comparison purposes only and those costs are not reflective of the amount
to be contracted. The proposal scores and total costs for the scenario are:
Rank
1
Firm
National Data & Surve in Services
Score
96.0
Total Scenario Cost
$22,950
2
Transportation Studies, Inc.
91.7
$20,315
3
Counts Unlimited
81.7
$24,000
Based on the rating and costs, staff recommends that the consulting firms National Data &
Surveying Services and Transportation Studies, Inc., be retained for an amount not to exceed
$30,000 each for traffic data collection services.
25C -1
Agreements for Traffic Counting Services
November 4, 2013
Page 2 of 2
The consultants will be paid only for the services performed as needed and in accordance with
the rates submitted in their respective proposals. Each contract will include an option to extend
the agreement for two one -year terms for a total maximum of three years.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The total cost of each agreement is not to exceed $30,000 per year. An allocation of $30,000
has been budgeted in the FY 12113 and FY 13114 Capital Improvement Programs in the Measure
M2 Local Fairshare Fund (Accounting Unit 03217662).
Edwin "William ez, P.E. Francisco Gutierrez
Interim Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
EWG/TH
Exhibits: 1. Draft Agreement
2. Draft Agreement with Transportation Studies, Inc.
25C -2
Project:
Account No.:
Project Manager: Zdenek Kekula
$: not to exceed $30.000.00
AGREEMENT FOR PROVISION OF
TRAFFIC COUNTING SERVICES
THIS AGREEMENT made and entered into this 4t4 day of November, 2013 by and
between National Data and Surveying Services, Inc., a California corporation (hereinafter
"Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
traffic counting and data collection services.
B. Consultant represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall perform traffic counting services on an on -call basis, including traffic
counts for neighborhood surveys, bi- annual city -wide Average Daily Traffic study, city -wide
Turning Movement study, and counts for signal priority list studies, in addition to pedestrian
counts, speed surveys, and vehicle classifications. Said services will be provided as set forth in
Traffic County Services — Scope of Services, attached hereto as Exhibit A and incorporated by
this reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B and
incorporated by reference. The total sum to be expended under this Agreement shall not exceed
$30,000.00, during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not be
made for work which fails to meet the standards of performance set forth in the Recitals which
may reasonably be expected by City.
25G 1
-3
=:�U_
This Agreement shall commence on the date first written above and terminate on October
31, 2014, unless terminated earlier in accordance with Section 13, below. This Agreement may
be renewed for up to two additional one -year terms upon the same terms and conditions set forth
herein. The term of this Agreement may be extended upon a writing executed by the Executive
Director of Public Works and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire tern of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer- employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees
and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to bodily
and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not
contributory with respect to insurance or self - insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
25C -4
(i) Consultant shall maintain all insurance required above in frill force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harness the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct
or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of effects arising from this Agreement. This indemnity
and hold harmless agreement applies to all claims for damages, just compensation, restitution,
I udicial or equitable relief suffered, or alleged to have been suffered, by reason of the events
referred to in this Section or by reason of the effects arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the effects arising from this Agreement. City may make all reasonable decisions with
respect to its representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the
Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of
25C -5
law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax No. 714 - 647 -6956
With courtesy copies to: Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, California 92702
Fax No. 714 - 647 -5622
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax No. 714- 647 -6515
To Consultant: National Data & Surveying Services, Inc.
Avi Tashman
8370 Wilshire Boulevard, Suite 205
Beverly Hills, California 90211
Fax No. 323 - 375 -1666
A party may change its address by giving notice in writing to the other party. Thereafter,
communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty -four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
25C -6
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results from the services
provided. Said work product shall be submitted in a hard copy and produced in a form
compatible with City's computer system, as agreed between the Project Manager and Consultant.
In regard to copyrightable material produced as a deliverable under this Agreement,
including but not limited to books, reports, plans, photographs, drawings, films, recordings,
videotapes, and computer programs, Consultant agrees, for itself and its affected officers,
employees, agents, contractors, and volunteer workers, that (a) other such material may not be
copyrighted without prior review from the City, and (b) the authors of all such material, whether
copyrighted or not, award to the City, and to its officers, agents and employees acting within the
scope of their official duties, as a condition of payment to the Consultant, a royalty -free,
nonexclusive, irrevocable license throughout the world for governmental purposes to disclose,
publish, translate, reproduce, and use such materials.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
25C -7
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herembelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
Ill
25C -8
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
EDWIN "WILLIAM" GALVEZ, P.E.
Acting Executive Director
Public Works Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
NATIONAL DATA AND
SURVEYING SERVICES, INC.
AVI TASHMAN
President
25C -9
EXHIBIT A
CITY OF SANTA ANA
TRAFFIC COUNTING SERVICES
SCOPE OF SERVICES
I. DESCRIPTION AND SCOPE OF WORK
The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting
Services. Neighborhood requests for City assistance in solving intrusive traffic problems
often require a series of traffic counts to be taken at specific locations over several days
to confirm and then to monitor the intrusive traffic. In such a situation, it is important that
the same firm be used throughout the study for consistency and reliability.
In addition to typical counts for stop sign warrants, the annual contract for traffic counting
services may also include the bi- annual city -wide Average Daily Traffic study, City -wide
Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian
counts, speed surveys, vehicle classifications (using machines) and /or other services
may also be requested as part of this contract. For services not specifically listed, a price
for such services will be agreed to, if requested.
From the proposals received, up to two firms will be selected. The City will enter into an
agreement with each firm. As traffic counting needs are identified, they will be distributed
among the selected firm based upon each firm's ability to meet the needs of the
particular study. The City reserves the right to assign the work in any manner which will
best serve the City's interests.
A. IMPLEMENTATION
1. City staff shall have the right to modify, reduce, or delete the services as
needed by City.
2. The term of the contract shall be for 1 year which shall commence on the
date that City Council approves the award or the date that all required bonds
and insurance have been approved by the City Attorney, whichever occurs
last.
City shall retain an option to renew on the same terms and conditions as set
forth herein for 2 additional one -year terms, for a total maximum total of 3
years.
B. SCOPE OF WORK
The Consultant shall provide necessary services for collecting traffic count data
for various studies on an as needed basis. This may include, but not be limited to 24-
hour ADT counts, 24 -hour entering traffic volume counts, intersection turning movement
counts for 2, 4, or 6 -hour, etc. periods, hourly pedestrian counts, speed surveys, and
machine vehicle classifier data.
25C -10
For the assigned tasks, the Consultant shall compile the traffic data and provide
the following to the City:
• For each ADT volume count, a two - directional 15- minute count sheet with hourly
totals, similar in format to the sample set forth in Attachment 1. Note: Consultant
must be able to provide up to 25 simultaneous count locations for neighborhood
traffic counts.
• For each entering traffic volume count, a 15- minute count sheet with hourly
totals, containing all legs of the intersection (sample in Attachment 1).
• For each manual turning movement count, a 15- minute count sheet for each
count period, with the actual peak hour(s) identified (sample in Attachment 1).
Note: Consultant must be able to provide up to 15 simultaneous count locations
for neighborhood traffic counts or for various intersection locations throughout the
City.
• For each intersection pedestrian count, a 15- minute count sheet for each count
period, plus a count sheet of manual (vehicle) turning movements, if requested.
Note: Counts categorized by age group may be requested for certain locations.
• For the Citywide Average Daily Traffic (ADT) study:
a. Count sheets as described above. Note: Consultant should be prepared to
conduct counts at 280 locations within a 2 -month period.
b. 'Traffic Census" booklet (summary of ADTs), 25 bound copies and the
associated electronic files.
c. Traffic Flow Maps, sample in Attachment I, will be included in the "Traffic
Census" booklet. City will furnish the street map on computer diskette,
compatible with AutoCAD or Microstation. Depending on the cost provided by
the Consultant, the City may choose to complete this map in- house.
d. If, due to the cost limit of the contract, more than one Consultant is needed to
complete the study, the City will furnish the count data collected by the
"secondary" Consultant to the "prime" Consultant who is compiling the
"Traffic Census" booklet. The "prime" Consultant will include this data in the
count summary and on the flow maps of the "Traffic Census" booklet.
e. Before the Consultant(s) begin the study, a schedule will be developed in
cooperation with the Consultant(s) regarding when the counts will be
conducted, and when the count data and 'Traffic Census" booklet will be
delivered.
• Computer file(s) for all counts conducted by the consultant, including manual or
machine counts, in Excel spreadsheet format every three (3) months.
Computerized files shall also be provided upon city' staff request.
25C -11
EXHIBIT B
Corporate office
8370 Wilshire Blvd. Ste 209
Beverly Hills, CA 90211
T- (323) 782.0090
F- (323)375 -1606
EmaiL Info mdsdata.com
National Data & Surveying Services
October 08, 2013
City of Santa Ana
Public Works Agency
20 Civic Center Plaza — M -21
Office of the Executive Director, 4s' Floor
Santa Ana. CA 92702
Attn: Zed Kekula.
Subject: PRICE PROPOSAL for Proposal for Annual Contract for Traffic Counting
Services
Dear Zed Kekula
Consultant Rate Comparison Form and Fee Support information is attached as requested.
Fee schedule as follows:
24 -hour single tube count (On Call) _ $38.00 each
24 -hour dual tube counts (On Call) _ $40.00 each
Citywide ADT (24 -hour dual tube) counts = $40.00 each
Traffic Census booklet (ADT summaries), 25 bound copies = $100.00 lot
Traffic Flow Maps = $850.00 lot
Intersection Turning Movement (ITM) & Pedestrian Counts
2 -hours (lea 2 -hour count period)_ $80.00 each
4 -hours (2ea 2 -hour count periods) _ $135.00 each
5 -hours (3ea 2 -hour count periods) _ $195.00 each
Hourly rate for additional hours fTM &Pedestrian counts = $30.00 per hour
Radar Speed studies = 45.00 each
24 -hour machine Speed studies = $80.00 each
24 -hour machine vehicle classifier studies = $80.00 each
Sincerelx
Avi Tashman
President
25C -12
Proj ect:
Account No.:
Project Manager: Zdenek Kekula
$: not to exceed $30,000.00
AGREEMENT FOR PROVISION OF
TRAFFIC COUNTING SERVICES
THIS AGREEMENT made and entered into this 4`h day of November, 2013 by and between
Transportation Studies, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of traffic
counting and data collection services.
B. Consultant represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform traffic counting services on an on -call basis, including traffic counts for
neighborhood surveys, bi- annual city -wide Average Daily Traffic study, city -wide Turning Movement
study, and counts for signal priority list studies, in addition to pedestrian counts, speed surveys, and
vehicle classifications. Said services will be provided as set forth in Traffic County Services Scope of
Services, attached hereto as Exhibit A and incorporated by this reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates
and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B and incorporated by
reference. The total sum to be expended under this Agreement shall not exceed $30,000.00, during the
term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be made for work
which fails to meet the standards of performance set forth in the Recitals which may reasonably be
expected by City.
fl�BIT
3. TERM
This Agreement shall commence on the date first written above and terminate on October 31,
2014, unless terminated earlier in accordance with Section 13, below. This Agreement may be renewed
for up to two additional one -year terms upon the same terms and conditions set forth herein. The term of
this Agreement may be extended upon a writing executed by the Executive Director of Public Works and
the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer - employee relationship, ajoint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting therefrom and damage to property, resulting from any act or
occurrence arising out of Consultant's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the
City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
primary and not contributory with respect to insurance or self - insurance programs maintained by the City;
and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of
not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work
under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant pursuant to
this section:
25C -14
(i) Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to firmish the City with required proof that insurance has been procured and is in force and
paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
termination shall not effect Consultant's right to be paid for its time and materials expended prior to
notification of termination. Consultant waives the right to receive compensation and agrees to indemnify
the City for any work performed prior to approval of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the direct or indirect
operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting
on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any
claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
reason of effects arising from this Agreement. This indemnity and hold harmless agreement applies to all
claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
been suffered, by reason of the events referred to in this Section or by reason of the effects arising from
this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights
arises by reason of the effects arising from this Agreement. City may make all reasonable decisions with
respect to its representation in any legal proceeding.
CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
25C -15
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax No. 714- 647 -6956
With courtesy copies to:
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, California 92702
Fax No. 714-647-5622
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax No. 714 - 647 -6515
To Consultant: Transportation Studies, Inc.
Patti A. Totten
2640 Walnut Avenue, Suite H
Tustin, California 92780
Fax No. 714 -508 -3602
A party may change its address by giving notice in writing to the other party. Thereafter,
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed
as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
25Ct -16
10. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results from the services provided. Said
work product shall be submitted in a hard copy and produced in a form compatible with City's computer
system, as agreed between the Project Manager and Consultant.
In regard to copyrightable material produced as a deliverable under this Agreement, including but
not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer
programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
volunteer workers, that (a) other such material may not be copyrighted without prior review from the
City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its
officers, agents and employees acting within the scope of their official duties, as a condition of payment
to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental
purposes to disclose, publish, translate, reproduce, and use such materials.
H. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event
of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or conditions
of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination, subject
to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the
City all work product completed as of such date, and in such case such work product shall be the property of
the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the
City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in
the Recitals of this Agreement.
25C -17
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City
fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
25C -18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
EDWIN "WILLIAM GALVEZ, P.E.
Interim Executive Director
Public Works Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
TRANSPORTATION STUDIES, INC.
PATTY TOLTEN
President
25G -19
EXHIBIT A
CITY OF SANTA ANA
TRAFFIC COUNTING SERVICES
SCOPE OF SERVICES
I. DESCRIPTION AND SCOPE OF WORK
The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting Services.
Neighborhood requests for City assistance in solving intrusive traffic problems often require a
series of traffic counts to be taken at specific locations over several days to confirm and then to
monitor the intrusive traffic. In such a situation, it is important that the same firm be used
throughout the study for consistency and reliability.
In addition to typical counts for stop sign warrants, the annual contract for traffic counting
services may also include the bi- annual city -wide Average Daily Traffic study, City -wide Turning
Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed
surveys, vehicle classifications (using machines) and /or other services may also be requested
as part of this contract. For services not specifically listed, a price for such services will be
agreed to, if requested.
From the proposals received, up to two firms will be selected. The City will enter into an
agreement with each firm. As traffic counting needs are identified, they will be distributed among
the selected firm based upon each firm's ability to meet the needs of the particular study. The
City reserves the right to assign the work in any manner which will best serve the City's
interests.
A. IMPLEMENTATION
City staff shall have the right to modify, reduce, or delete the services as needed by
City.
The term of the contract shall be for 1 year which shall commence on the date that
City Council approves the award or the date that all required bonds and insurance
have been approved by the City Attorney, whichever occurs last.
City shall retain an option to renew on the same terms and conditions as set forth
herein for 2 additional one -year terms, for a total maximum total of 3 years.
B. SCOPE OF WORK
The Consultant shall provide necessary services for collecting traffic count data for
various studies on an as needed basis. This may include, but not be limited to 24 -hour ADT
counts, 24 -hour entering traffic volume counts, intersection turning movement counts for 2, 4, or
6 -hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier
data.
For the assigned tasks, the Consultant shall compile the traffic data and provide the
following to the City:
• For each ADT volume count, a two- directional 15- minute count sheet with hourly totals,
similar in format to the sample set forth in Attachment 1. Note: Consultant must be able
to provide up to 25 simultaneous count locations for neighborhood traffic counts.
25C -20
• For each entering traffic volume count, a 15- minute count sheet with hourly totals,
containing all legs of the intersection (sample in Attachment 1).
• For each manual turning movement count, a 15- minute count sheet for each count
period, with the actual peak hour(s) identified (sample in Attachment 1). Note: Consultant
must be able to provide up to 15 simultaneous count locations for neighborhood traffic
counts or for various intersection locations throughout the City.
• For each intersection pedestrian count, a 15- minute count sheet for each count period,
plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts
categorized by age group may be requested for certain locations.
• For the Citywide Average Daily Traffic (ADT) study:
a. Count sheets as described above. Note: Consultant should be prepared to conduct
counts at 280 locations within a 2 -month period.
b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated
electronic files.
c. Traffic Flow Maps, sample in Attchment 1, will be included in the "Traffic Census"
booklet. City will furnish the street map on computer diskette, compatible with
AutoCAD or Microstation. Depending on the cost provided by the Consultant, the
City may choose to complete this map in- house.
d. If, due to the cost limit of the contract, more than one Consultant is needed to
complete the study, the City will furnish the count data collected by the "secondary"
Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet
The "prime" Consultant will include this data in the count summary and on the flow
maps of the "Traffic Census" booklet.
e. Before the Consultant(s) begin the study, a schedule will be developed in
cooperation with the Consultant(s) regarding when the counts will be conducted, and
when the count data and "Traffic Census" booklet will be delivered.
Computer file(s) for all counts conducted by the consultant, including manual or machine
counts, in Excel spreadsheet format every three (3) months. Computerized files shall
also be provided upon city' staff request.
25C-21
O� -
TS/ TianapoKa[!on St.&;.., /tic. A Tra/f!c Cat. Cn1 1act /on Company
crTY Oi sSA A ANA
Fee Schedaile
24 ".., M¢cGlne U-11l rxI- Cirac? anal ar dlrecH.noQ
1 To 300 Locations S 30.00 per location
24 rrour brae! i— Counts ipproneL)
4 LoK Tnterseetion S 120.00 per location
3 T.eg Intorsection S 90.00 per location
Mamru[ rTmn'aq Mnvemun Coua[s
1 person per location $ 33 -00 per hour
2 people per location s 66.00 per hour
16 Dour Speed and Axle C /na. jeurlan C.an[s
2 Lanes $ 80.00 per 1—t-
3-4 Lance $ 160 -00 per locafion
x4dar sn. -� y,.
1 -100 Locations S 3500 por Iccntion
100 -over s 30.00 per lownou
V"de.
Corot 8 Videu S 45.00 por Hour
Video Only 5 10.00 per Hour
2640 Walnut Awe— , Sulte H • T SNn, CA 927SO • (714) SOB -3612 � Fas ('/14) 509 -3602
25C!22
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
AMEND AGREEMENT WITH MARIANN
LONG AND ASSOCIATES FOR ENERGY
AND SUSTAINABILITY CONSULTING
SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement
with Mariann Long and Associates, subject to nonsubstantive changes, approved by the City
Manager and City Attorney for energy and sustainability consulting services in an amount not to
exceed $32,705.
The recommended action will allow the City to benefit from additional funding made available by
Southern California Edison (SCE) for the development of an Energy Action Plan, and for reporting
and deliverables related to an online permitting project. The amount of additional funding
authorized by SCE is $32,705, and staff recommends approval of an amendment to an existing
agreement with Mariann Long and Associates to provide these additional services. The
amendment will allocate the $32,705 in SCE funds and extend the term of the consultant
agreement to June 30, 2015.
The California Public Utilities Commission (CPUC) authorized Southern California Edison (SCE)
to partner with cities to deliver energy efficiency programs to utility customers in SCE's service
area. The City was awarded a partnership with Edison for 2010 -2012, which was extended to
June 30, 2015, to jointly deliver energy efficiency information, training, and materials that would
benefit Santa Ana customers. The Santa Ana Energy Leader Partnership (Partnership) optimizes
the City's opportunities for achieving short- and long -term energy savings and reduced utility bills,
and assists residents and businesses in understanding, managing, and reducing energy use and
costs.
In July 2011, the City was awarded funding by SCE as authorized by the CPUC to provide funding
for energy efficiency strategic plan activities in support of the California Energy Efficiency Strategic
Plan. This program enables the City to perform a greenhouse gas (GHG) baseline inventory and
energy analysis, develop an energy chapter for a Climate Action Plan (CAP), provide California
25D -1
Agreement for Energy and Sustainability Consulting Services
November 4, 2013
Page 2
Green Building and LEED certification training, and hire an energy and sustainability consultant to
coordinate and assist in implementation of these tasks.
In September 2011, the City entered into an agreement with Mariann Long and Associates to
provide these consulting services. Her firm has been instrumental in the successful completion of
the GHG baseline inventory and energy analysis, the California Green Building and LEED
certification training, and is nearing completion of the energy chapter of the CAP.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action. However, continued
implementation of energy efficiency programs and strategies would enhance the environment by
improving air quality, reducing pollution, and conserving natural resources.
FISCAL IMPACT
SCE will make the funds available to the City on a reimbursement basis. City funds will be
expended from the Public Works Administrative Services Contract Services — Professional
account (No. 10117601- 62300).
Edwin "William" vez, P.E.
Interim Executive Director
Public Works Agency
EWGICK
Exhibit: 1. Amendment and Scope of Work
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25D -2
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into on November 30,
2012, by and between Mariann Long and Associates, a sole proprietor ( "Consultant') and the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ( "City ").
RECITALS:
A. The parties entered into that certain Agreement # A-2011-212, dated September 6, 2011,
(hereinafter "said Agreement') by which Consultant has provided energy efficiency,
sustainability and greenhouse gas emission reduction consulting services to assist the City in
developing an energy efficiency strategic plan.
B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the
Scope of Services to provide for the implementation of additional components of the energy
efficiency agreement between the City and Southern California Edison.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this First Amendment to
Agreement, the parties agree as follows:
Section 1, SCOPE OF SERVICES, shall be amended to provide that, in addition to the
services previously agreed, Consultant shall provide the following services:
a.) Utilizing the information acquired in connection with the Green House Gas Inventory and
Climate Action Plan study, Consultant shall write an Energy Action Plan, including long
term planning for energy efficiency strategies to be implemented within the City, a
record of current energy use baselines, and setting forth goals and milestones to reach
long term energy efficiency, as set forth in Exhibit A -1, attached hereto.
b.) Consultant shall develop and implement an on -line permitting process to allow ...., as set
forth in Exhibit A -2, attached hereto. All attached exhibits are incorporated by this
reference.
2. Section 2.a., COMPENSATION, shall be amended to increase compensation by $32,705, to
pay for services set forth in section 1, above, on a milestone and deliverable basis, as set forth
in Exhibits A -I and A -2.
3. Section 4, TERM, shall be amended to extend the term through June 30, 2015.
4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
EXHIBIT 1
25D -3
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement the date and year first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
Laura Sheedy
Assistant City Attorney
APPROVED AS TO CONTENT:
EDWIN "WILLIAM" GALVEZ, P.E.
Interim Executive Director
Public Works Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
MARIANN LONG & ASSOCIATES
MARIANN LONG
Director
25D -4
EXHIBIT A
SCOPE OF SERVICES
25D -5
Mariann Long and Associates
City of Santa Ana Projects
Hourly Rate:
Principal in charge $155.00
Total hours for two projects x211 hours
Total Fee Proposal $32,705.00
Cost Proposal to Develop an Energy Action Plan for City of Santa Ana
Number of Hours for the components:
A _, C 14 hours
D — F 23 hours
0-1 15 hours
Format, design, and approval of document 12 hours
Total Hours 64 hours
Project Fee Proposal $9,920.00
Scope of Work: Develop an Energy Action Plan for City of Santa Ana
The Energy Action Plan will include, at the minimum the following components:
A. Establishing long -term vision and plan for energy efficiency in city (in kWh savings or percentage
reduction).
B. Clearly stating the aim and objectives of the plan.
C. Recording the baseline municipal energy usage (kWh).
D. Displaying the highest users (facilities) that the City should target.
E. Identifies the City reduction goals and milestones to help reach long -term target.
Providing the plan of municipal facility projects that the City can complete to assist in achieving
the reduction (Provide savings calculated for each project) by identifying:
1. Priority of projects.
2. Expected funding mechanisms to complete municipal facility energy efficiency projects.
G. Identifying any policies or procedures the City can implement to assist in reducing energy use.
H. Adding statement/paragraph identifying all actions including (but not limited to) municipal retrofit
project and policies that will constitute meeting the "Implementation" requirement of the Energy
Leadership Partnership Platinum. Level.
Adding language stating that the Energy Action Plan long -term policies will be integrated in the
local government's policy documents, such as the next General Plan, climate action plan, or
sustainability plan.
Mariann Long and Associates
City of Santa Ana Projects, Page 2
Cost Proposal for Southern California Edison Deliverables regarding On -line Permitting
Number of Hours for the components:
Task 1
8 hours
Task 2
67 hours
Task 3
47 hours
Task 4
0 hours
Task 5
25 hours
Total Hours
147 hours
Project Fee Proposal
Scope of Work:
Task 1: Program Ramp -Up
$22,785.00
1. Kick -off meeting including invoice reporting tool training.
2. Delivery of updated invoice reporting tool to CPM for review and approval.
Task 2: Develop and Implement an On -line Building Permitting Process
1. Report on status of implementer to support the task. Contractor will submit
monthly report on the status of hiring expertise to complete the activities in this task.
2. Assessment and planning report for the on -line permitting system(draft and final).
3. On -line permitting system promotion and community outreach plan and materials.
4. Plan for sharing lessons learned/best practices with other local governments.
Task 3: Invoicing and Reporting
1. Prepare and submit invoices and supporting documentation to SCE.
2. Submit final invoice to SCE.
3. Prepare and submit monthly reports to SCE.
4. Submit Commission Report semiannually and annually.
Task 4: Ramp -Down and Shut -Down Program (does not apply to contractor)
Task 5: Submit Final Program Report
1. Submit draft Final Report for SCE review and approval.
2. Submit revised Final Report for SCE review and approval.
25D -8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
AUTHORIZE AND ALLOCATE FUNDS FOR
UTILITY CABINET PILOT ART PROGRAM
�il �-
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to
execute agreements with selected artists and allocate funds in the amount of $7,700 to paint
seven utility cabinets in the downtown as part of this pilot program.
This item comes as a recommendation of the Ad -Hoc Committee. At the July 15, 2013 meeting,
members of the City Council expressed interest in exploring opportunities for public art
specifically, art on utility cabinets. To further study this issue the Mayor established a Public Art
Ad -Hoc Committee consisting of Councilman Benavides, Councilman Reyna and himself to
review opportunities for public art in Santa Ana.
On September 5, 2013, the Ad -Hoc Committee met to discuss opportunities for a pilot effort to
use the City's traffic control cabinets as canvases for local artists, students and other community
groups.
Best practices were compiled regarding utility box painting in other cities throughout California to
provide options for implementing a pilot program in Santa Ana. These options were provided to
the Ad -Hoc Committee at a follow -up meeting on October 2, 2013 (Exhibits 1 — 6).
The Ad -Hoc Committee proposes a two -phase pilot Utility Box Art Program. The first phase will
be focused on painting seven selected utility cabinets located within the downtown. The second
phase of the pilot program will be to select seven utility cabinets citywide, one in each Council
ward to be selected by each respective Councilmember and an at -large location to be selected
by the Mayor.
To ensure a broad interest from the arts community and a high - quality, professional submittal on
the downtown utility boxes, the Ad -Hoc Committee proposed to award a stipend of $700 per
utility cabinet as well as reimbursement of up to $200 for materials and supplies. The artists
selected to paint the seven utility cabinets citywide will be reimbursed up to $200 for materials
25E -1
Utility Cabinet Art Pilot Program
November 4, 2013
Page 2
and supplies but would not be offered a stipend. The intent is to focus the citywide program on
volunteers, students and community groups, ideally under the mentorship /guidance of a
professional artist.
It is recommended that a selection committee be established consisting of representatives from
the local arts community and downtown merchants to review the submittals and select artists
based on established criteria such as appropriateness of scale, form and content, as well as
artistic excellence and the artists experience working on comparable projects. The selection
committee is recommended to include:
- (1) Member of the Santa Ana Business Council
- (1) Member of Downtown Inc.
- (1) Member of the United Artists of Santa Ana
- (1) Member of the Grand Central Arts Center
- (1) Member of the Santa Ana Arts Council
- (1) Member of the Orange County Center for Contemporary Art
- (1) Member of The Grain Project
The Ad -Hoc Committee proposes that the first phase of the pilot program, which will comprise of
the seven utility cabinets in the downtown, be completed by December, 2013. The second phase
of the pilot project, where seven additional cabinets located citywide would become the canvases
for students, volunteers or other budding artists would begin in January, 2014.
FISCAL IMPACT
This pilot program focuses on a total of 14 utility cabinets citywide with the seven located
downtown representing a cost of $6,300 and seven citywide representing a cost of $1,400 for a
total cost of $7,700. Funding for this project will be allocated from the City Manager's Contractual
Services account (no. 01103010-62300).
4�
M. Trevino
Executive Director
Planning & Bui g gency
Edwin "William" Ivez, P.E.
Interim Executive Director
Public Works Agency
MF:rb mfrteports \Utility Cabinet Pilot Progmm - RFCA-114 -2013
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: 1. Santa Ana Utility Box Art Pilot Project Summary
2. Santa Ana — Artist Application
3. City of San Clemente — Utility Box Public Art
4. City of Livermore — Urban Art Program
5. City of Long Beach — Traffic Signal Cabinet Public Art Project
6. City of Oceanside — Utility Box Beautification Program
25E -2
dAN ORA V
Call for Artists: Utility Box Art Pilot Project
Citv of Santa
Proiect Description
Ana
The City of Santa Ana invites artists to participate in the City's pilot utility box mural project
The City is seeking artists to showcase their work on utility boxes located in both the
downtown and selected boxes throughout the city. The goal of the project is to use utility
boxes as "canvases" for original pieces of art.
Placement
(7) Utility boxes have been selected in the downtown and (7) utility boxes have been selected
citywide for this pilot project. Attached is a map depicting the locations of the selected boxes.
In addition to submitting artwork, artists may also request a box location by indicating the box
number on the application. Requests for a particular box location are not guaranteed.
Theme /Guidelines
To encourage creativity and innovation, there are no specific themes for the utility boxes
however the following general designs would be appropriate:
• Art that reflects the character /culture of Santa Ana
• Local history
• Nature
• Architecture
✓ Artwork that is relevant to the specific location of the Utility Box
Media and Material Guidelines
❑ Artwork must be original and may not contain:
• Advertising
• Religious art/imagery
• Sexual content
• Negative and /or violent imagery
• Convey political partisanship
• images that could be confused as regulatory or traffic control
• Copyrighted material or images
❑ Vinyl wraps of digitally enhanced works are not permitted
❑ Artists must use the following materials:
o PAINT TYPE: premium high solids 100% acrylic latex waterborne exterior wail
and trim paint; low sheen, eggshell or satin finish; minimum 1.5 mil dry
thickness per coat.
EXHIBIT 1
Cite of Santa Aim
Wit' Wk Sfltlla -dO a.Offl
25E -3
I I Utility box size may vary; selected artists must be willing to adjust designs to the box
assigned. Typical size is provided below. A diagram depicting the layout is also
provided later in this application.
Height inches
Width inches
Depth inches
55
1 44
1 26
I Once completed, the artwork cannot restrict any vents or airflow through the boxes.
City maintenance crews must be able fully access the components inside the box at all
times.
This call for artists is open to artists, a team of artists or community groups with a designated
lead artist who have the vision and skills required to complete the project to the highest
standards of innovation and technical expertise. The Call is also open to Art Teachers that
are interested in mentoring a group of students. Qualifying applicants must work, reside or
study in Santa Ana.
LZ ..-
• The budget for each utility box located within the downtown is $1,200. In addition,
artists may apply for a reimbursement of supplies up to $200 (receipts required).
• Artists selected to paint utility boxes outside of the downtown will be eligible for
reimbursement of supplies up to $200 (receipts required).
The budget amounts identified above are all- inclusive and must cover every cost incurred by
the artist in the course of designing and installing the artwork.
Selection Process and Criteria
Applications submitted will be reviewed by a Selection Committee which will consist of:
(Suggested members):
• Santa Ana Arts Council members
• Interested Community Members
• Downtown merchants
• City Council members
• Santa Ana College Fine & Performing Arts Faculty Member(s)
• City Commission members
• City Staff
If the number of qualifying applications does not meet the number needed the Public Art ad-
hoc committee may decide to reopen the selection process.
City of Santa Ana
cc } « sant t- a_na.org
25E -4
Criteria used to select artists will be:
• Evaluation of artistic excellence
• Appropriateness of scale, form, content and design relative to the site
• Artists experience in working on comparable projects
• Artists residence or employment within the City of Santa Ana
The City reserves the right to refuse all entries.
Proposed Timeline and Award Schedule
Action
Date
Call for Artists Release
Application Deadline
Artist Selection Announced
City Council Ad -hoc Committee Approval
Pre - installation meeting with selected artists
Installation of artwork
Application Procedure
Artists or artist teams wishing to be considered must submit the following materials:
1. Completed Application - including the name, contact information or artist/artist team
and all information requested (exhibit A).
2. Digital Images of Prior Work — 5 -10 images of past work that is representative of the
type and style of artwork that is proposed. 10 -image maximum.
3. Conceptual Renderings — Each applicant (or team) may submit up to 3 conceptual
renderings using the template provided (Exhibit B). Renderings must be in full color
and depict the finished artwork as accurately as possible. Renderings must be
submitted in .pdf format.
Materials must be submitted electronically to Hard copy
submissions will not be accepted.
Please contact
with any questions about this program or application process.
Legal and Insurance Requirements
Artists that are awarded contracts for this project will be required to sign an agreement with
the City and comply with all insurance and liability requirements which include that the
City o[' Santa .Ana
tnwtt Santa- ana.prg
25E -5
completed artwork will be the property of the City, which retains the right to remove, modify,
or replace the utility box, components of the utility box, or the artwork if necessary without
compensation or notice.
City of Santa Ana
�N .aanta- ana.org
25E -6
Utility Box Art Pilot Project
ARTIST APPLICATION
Artist Information
Last Name First Name
Street Address
City
State
Zip
Home/Work Phone #
Cell #
E -mail
Website URL
I would like to request a specific box location ❑ . The box is located:
On or near the corner of and
Artwork Description
Title of Submission #1
Design Description
Title of Submission #2
Design Description
Title of Submission #3
Design Description
Getting to Know the Artist
Artists approach to the project — Vision and Intent
Artist's philosophy on public art; why is public art important to you?
How does the artistic rendering(s) represent downtown Santa Ana?
EXHIBIT 2
25E -7
•
Utility Box Art Pilot
ARTIST APPLICATION
r_-rf,
Below is a template of a typical utility box showing four sides and the top. Use this template to
illustrate your color rendering(s). You may enlarge the template as needed. Unique colors and
bold graphics work well, along with the bright images that compliment pedestrian activity. The
Selection Committee will use this submittal along with the application to select the winning
artists.
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Agenda (rem
Approvals:
City ManillK
AGENDA REPORT Dept. Head ,
SAN CLEMENTE CITY COUNCIL MEETNG
Meeting Date: September b, 2011
Department: Community Development
Prepared By: James Holloway, Community Development Director
Jeff Hook, Senior Planner
Alison Simpkins, Planning Intern
Subject: UTLLITYBoxPUBLICART- PROPOSAL FORA PILOT PROGRAM TV SAN CLEXIENTE.
Summary: The Mayor became aware that many California cities have adopted programs to transform
utility boxes along sidewalks and street corridors into works of art. These programs beautify
the public right-of-way, enhance community pride and raise awareness of public art among
citizens and visitors. In addition, these programs are an opportunity for local artists to gain
visibility. The City's General Plan Advisory Committee (GPAC) has discussed the
possibility of recommending a public art program as part of the General Plan update; and, the
San Clemente Art Association has submitted a letter offering to partner with the City to
develop and implement a "Utility Box Public Art" pilot program, as described in Attachment
1. The following information is provided so that Council may consider implementing a Pilot
"Utility Box" public art program.
Staff surveyed several cities to learn about their utility box public art programs, including
San Luis Obispo, Oceanside, Las Vegas, NV, Ashland, OR, Wenatchee, WA, and others.
These cities followed similar courses of action to carry out their programs. In general, utility
box art programs are initiated by City Council in concept, with the support of the local art
association.
The process usually includes the following steps:
1. A "Call for Artists" is released a few months before a planned utility box painting event.
The Call for Artists asks artists to submit a resume, a sample of past work, a mock -up
design for the box, and a brief description of how the design reflects the theme.
1 Entries are typically reviewed by an Arts Council or jury of art professionals and
community members.
3. The selected artist is asked to sign an agreement and liability waiver (examples included
in Attachment 2).
4. Painting begins on a designated day and a Reception /Art Walk event is held either on that
day or upon the completion of the art works. Also included in Attachment 2 are examples
of the "Call for Artists" notices and other details that have been thought out and used by
several cities.
EXHIBIT 3
Community Development Agenda Repon
25E -9
Agenda Report
Page 2
Cities differed, however, in their approach to funding the artwork. San Luis Obispo'
program started with 16 utility boxes, paying artists 51500 each and reimbursing for a_
supplies up to $200, Las Vegas paid professional artists up to $2250. Ashland, Oregon paid
seven community members $250 and reimbursed them for paint. Oceanside asked for
amateur volunteers and bought the paint for them. Additional minor costs included: staff
applied primer, graffiti -proof coating applied on the finished works, the City staff's time and
supplies for the reception.
Possible Utility Box Art Program for San Clemente Proposal:
With assistance from the San Clemente Art Association (SCAR), staff developed a proposal
for a pilot "Utility Box Public art" program. The program, as envisioned, would focus on
beautifying five utility boxes at different locations along Avenida Pico and El Camino Real
(see map of recommended sites, Attachment 3). The Design Review Subcommittee (DRSC)
would establish design themes and basic guidelines. The San Clemente Art Association
(SCAA) has offered to issue a Cali for Artists and to evaluate conceptual submissions based
on visual appeal, relevance to the theme (nature /local history /surf culture, etc) and suitability
of the location. The SCAR would then judge and select the winning concepts. Staff
recommends that a City representative be included on the art jury panel, to help judge the
artwork.
Entries will then be reviewed by the Community Development Director for conformance
with basic theme guidelines established by the DRSC. The artists will all begin painting -
the same day. Upon completion of the artworks, the City and SCAA may coordinate a smu
informal reception. Also, the SCAA will make a brochure about the program and artists to be
made available to the public at various informational centers in Downtown San Clemente, at
City Hail and other prominent locations.
SCAA Involvement:
The SCAR has offered to partner with the City of San Clemente on this project. Association
representatives are willing to be responsible for the following:
To help engage artists and community members, and to interview, and select
artists /artworks.
2. To help set a timeline that will work well for both the SCAA and the City.
3. To convene ajury of artists and art professionals to judge submissions.
4. To coordinate with the City on writing and preparing a "Call for Artists ".
5. To advise the City on event logistics, to be approved by the City Manager and referenced
by participants in the program (materials, minimum "canvas" size, artwork selection
criteria, etc.)
6. To help publicize the program, both to attract participants and to invite community
involvement in viewing the finished products and an artists' reception/festival,
25E -10
0.4
Agenda Report Page 3
Tentative Schedule:
City Staff and SCAA agree that the best time to issue a Call for Artists would be in early to
mid- February 2012, with the painting to take place in late April 2012. In the meantime, City
staff would meet with the City's Design Review Subcommittee to establish themes and
general guidelines for the artwork.
Conclusion:
For this pilot program to be successful, the quality of the artwork must be outstanding. To
ensure that the quality of the artwork meets San Clemente's standards, it is recommended
that each artist selected be awarded $1250 as an honorarium, plus reimbursement of up to
$200 for materials. Research into other successful programs has shown that the caliber of the
work is significantly higher when the compensation is within this range. Remuneration will
also encourage professional artists to apply and ensure that the jury has several high - quality
entries from which to choose.
Finally, $1250 is an educated guess on cost of a fairly modest community reception for the
artists and artwork, including publicity, food and beverages; a $1000 contingency is to cover
estimated expenses of utility box cleaning and prepping with primer, vandal - resistant coating
of utility boxes, and site clean -up.
coninrended
,;lion: STAFF RECOMMENDS THAT the City Council:
1. Accept the SCAA's offer to partner with the City in developing a pilot program for
"Utility Box Public Art" and authorize the City Manager to work with the SCAA and
other community groups to publicize the pilot program.
2. Approve the Utility Box Public Art Pilot Program in concept, with program details to be
prepared by staff, and approved by the City Manager, in cooperation with die SCAA.
3. Determine if a City Councilntember, appointed Commission/Committee member, or Staff
should serve on the alt jury.
4. Allocate $9,500 to fiord the pilot program from Council Contingency Account No. 001-
203- 44900- 000 - 00000.
Fiscal Impact. $9,500.00 (5 Honoraria x $1,250 = $6,250 + Supplies 5 x $200 = $1,000 + Logistics &
reception $1,250 + Contingency $1,000 = $9,500)
Attachments: 1. Letter from the San Clemente Ail Association
2, Utility Box Program examples from other cities
3. Map of possible utility box public art sites
",(Ocation: San Clemente Art Association
25E -11
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ATTACHMENT 1
Steve Kell
San Clemente Art Association
Vice President
600 Calle Seville,
San Clemente, Ca 92672
July 20, 2011
Mayor Lori Donchak
City Hall
100 Avenida Presidio
San Clemente, Ca. 92672
Dear Lori and Council Members,
Pam Hill and I had a very productive meeting with JeU Hook on July 13u' concerning the plan to
dress up the utility boxes with first class art. Personally, I think it's a wonderful idea which will
increase the awareness of how important a role art plays in a community such as San Clemente.
Pam and I pledge the full support of the San Clemente Art Association to help coordinate a plan
with the City to bring the idea to fivition.
General areas which the SCAR would be most helpful include: Selecting appropriate artists and
themes; Designing a prospectus; Furnishings venue such as the Gallery for a reception; Helping
with the overall logistics.
We'll look forward to future talks.
Sincerely,
Steve Kell
Copies, Pam Hill, Jeff Hook
25E -12
9-
ATTACHMENT 2
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city of San Luis o5ispo
CALL FOR ARTISTS
PUBLIC ART
Utility Box Beautification Program — Downtown San Luis Obispo
Ariist Stipend: $1,500 + supply voucher
Deadline to submit: 5:00 p.m. on August 20, 2010
The Art in Public Places Program of the City of San Luis Obispo, California is seeking an artists
or team of artists residing in San Luis Obispo, Monterey and Santa Barbara counties to create
art on utility boxes in downtown San Luis Obispo as part of the "BOX ART" program. Each
selected artist will receive a $1,500 stipend as well as a supply voucher for up to $200.
Interested artists are invited to submit an application and up to 3 conceptual renderings no later
than 5:00 p.m. on August 20, 2010. Applications must be submitted electronically to
sbates @slocity.org. Applications received after said time will not be considered.
Applications submitted in response to this call will be reviewed by City staff as well as a jury
consisting of artists, art professionals, neighbors, and community representatives. Staff and jury
will review all complete, eligible applications received by the deadline.
The application may be obtained for free on the City's public art website: www.slooublicart.org or
by emailing your request to sbatgsaslocitv.ora.
Additional information may be obtained by contacting Shannon Bates, Public Art Manager, at
(805) 781 -7296 or sbates(ftlocity.om .
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25E -13
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PROJECT OVERVIEW
PROJECT DESCRIPTION
The City of San Luis Obispo in collaboration with San Luis Obispo's Downtown Association invite artists
residing in San Luis Obispo, Santa Barbara and Monterey counties to apply for a public art project to
create art on utility boxes located throughout San Luis Obispo's beautiful downtown corridor. The goal
of the project is to use utility boxes as "canvases" for original pieces of art as well as contribute to the
vitality and attractiveness of the downtown while deterring graffiti. Not only will this project improve the
"curb appeal" of one of the most attractive, interesting and economically vibrant downtowns in America
but it will also give artists an opportunity to add their personal touch to the City's public art collection.
Dimensions of the utility boxes are generally 56" H X 44" W x 26" D. Art should cover all exposed
sides; including the top. Utility boxes will be cleaned, sanded and primed prior to the BOX ART Festival
which will take place on September 25 -26, 2010 (all selected artists must be available to paint on this
date).
PLACEMENT
16 utility boxes in the City's downtown corridor have been selected for the "BOX ART" program; click
here for map. Artists may request a box location by indicating the box number on the application
(requests for a particular box location are not guaranteed).
MEDIA AND MATERIALS GUIDELINES
0 Artwork must be original and may not contain advertising, religious art, sexual content,
negative imagery or convey political partisanship.
0 Vinyl wraps of "digitally enhanced works" are not permitted.
❑ Artists must use the following materials:
• PAINT TYPE: premium high solids 100% acrylic latex waterbome exterior wall and trim
paint; low- sheen, eggshell or satin finish; minimum 1.5 mil dry thickness per coat.
• PAINT PRODUCTS (in recommended order): 1) Sherwin Williams: Accolade Exterior
Acrylic Latex, Satin 2) Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell 3)
Benjamin Moore: Aura Exterior Acrylic Latex #634 Low Lustre 4) Frazee #126 Mirro
Glide Low Sheen Acrylic Latex 5) Kelly Moore #1245 Acry- Shield Acrylic Latex Low
Sheen
0 Utility box size may vary; selected artists must be willing to adjust designs to the box assigned.
ARTIST ELIGIBILITY
The competition is open to artists, a team of artists or community groups with a designated lead artist
who have the vision and skills required to complete the project to the highest standards of innovation
and technical expertise. Qualifying applicants must reside in San Luis Obispo, Santa Barbara or
Monterey counties. Artists should carefully read the description of the project and decide if the project
is suitable to their interest, capabilities and experience.
PUBLIC ART
Utility Box Art
I
25E -14
BUDGET
The total budget for each utility box is $1,500. In addition, artists may apply for a supply voucher for up
to $200.00 (receipts are required). The budgeted amount is all- inclusive and must cover every cost
incurred by the artist in the course of designing and installing the artwork.
SELECTION PROCESS AND CRITERIA
Applications submitted will be reviewed by City staff and a selection committee (jury) consisting of:
City staff, San Luis Obispo County Arts Council member(s), local artist(s), interested community
members, Downtown Association members /staff and a neighbor(s). The jury will review all complete,
eligible applications received by the deadline. If the number of qualifying applications does not meet
the number needed; City staff and /or the Council may decide to reopen the selection process.
Criteria used to select artists will be:
• Evaluation of artistic excellence
• Appropriateness of scale, form, content and design relative to the site
• Relationship to the social, cultural and/or historical identity of the site
• Experience in working on comparable projects
• Artists (or lead artist of a team) must reside in San Luis Obispo, Santa Barbara or Monterey
counties.
The City reserves the right to refuse all entries. Selected artwork must meet the City of San Luis
Obispo Public Art Guidelines and receive final approval by the City Council.
PROPOSED TIMELINE AND AWARD SCHEDULE
• Call For Artists Release
July 12, 2010
• Application Deadline
August 20, 2010
• Artist selection announced (week of)
September 7, 2010
• City Council Approval
September 7, 2010
• Finalists Reception and Orientation
September 17, 2010
(MANDATORY for all selected artists)
• Installation of Artwork
September 25 -26
*The proposed timeline is subject to change
APPLICATION PROCEDURE
Artists or artist teams wishing to be considered must submit the following materials:
✓ Application
Completed application listing name, contact information of artistlartist team and all information
requested. (Exhibit A)
PUBLIC ART
Utility Box Art
2
41V 7
25E -15
✓ A Professional Resume
Each applicant shall submit a professional resume (in .pdf format) including information regarding
past public art commissions, design team experience, exhibitions and installations, awards, grants
and education (up to two pages). Teams must submit a separate resume for each member of the
team. Handwritten materials will not be reviewed.
✓ Submittal of References
Each applicant shall submit the names of two references on the form provided in the application
package. (Exhibit B) Do not send letters of recommendation. Please ensure information for
references is current; inaccurate information may delay the selection process. Teams must submit
separate references for each member of the team.
✓ Digital Images of Prior Work
5 -10 images of past work that represent no less than four public art projects (relevant artworks
may also be submitted if public art experience is limited). 10 Image maximum is per application,
not per team member, Images must be provided within a PowerPoint file, please present one
image per slide and include artist's name, title or location of work, medium, date work was
completed, and dimensions in the notes section of each slide.
V conceptual Rendering(s)
Each applicant can submit up to 3 conceptual renderings using the template provided (Exhibit C).
Renderings must be in full color and depict the finished artwork as accurately as possible.
Renderings must be submitted in .pdf format. Renderings not selected will be returned via e-mail.
Materials must be:
Submitted electronically to sbates2siocitv.org. Hard copy submission will not be
accepted.
SUBMISSION ADDRESS AND DEADLINE
Artists may submit ONLY one (1) application for this project.
All application materials must be received no later than 5;00 p.m. on August 20, 2010, Incomplete
or late submittals will not be considered.
The City Is not obligated to notify applicants when applications (complete or incomplete) are
received.
QUESTIONS?
Any questions stemming from the review of this application must be addressed to: Shannon Bates
via e-mail: sbates(ftlocitv.org
PUBLIC ART
Utility Box Art
3
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25E -16
Additional copies of this application may be found at: www.slooublicart.org
LEGAL AND INSURANCE REQUIREMENTS
Artists that are awarded contracts for this project will be required to comply with the City`s insurance
and liability requirements. Those requirements will be provided to selected artists.
Please read the application directions carefully. INCOMPLETE OR LATE APPLICATIONS WILL
NOT BE REVIEWED. The deadline for receipt of applications for the projects described herein
is August 20, 2010 at 5:00 p.m. Applications received after 5:00 p.m., will not be accepted.
PUBLIC ART
Utility Box Art
4
25E -17
Exhibit A
utility Box BEau%icatlon PROCI AM — oowrrtown san Luis oBispo
APPLICATION
ARTIST INFORMATION
Last Name
First Name
Street Address
City
State (
Zip
Phone #
Cell #
E -Mail
Website URL
I would like to request the following box location. BOX # 1 g ALTERNATIVE BOX # 16
ARTWORK DESCRIPTION
Title of Submission (1)
Design Description
Title of Submission (Z)
Design Description
Title of Submission (3)
Design Description
GETTING TO KNOW THE ARTIST
Artists approach to the project- vision and intent
Artist's philosophy on public art; why is public art important to you?
How does the artistic rendering(s) represent Downtown San Luis Obispo?
PUBLIC ART
Utility Box .Art
25E -18
Exhibit B
REFERENCES
Describe fully the last two contracts performed by you, which demonstrate your ability to provide the services included with the
scrape of the project. Attach additional pages if required. The City reserves the right to contact each of the references listed
for additional information regarding your qualifications.
Reference 41
Contact Name
Telephone Number
E -mail Address
Address
{Street, City, State, and Zip Code}
Nature, location and medium
of art project installation
Contract Amount
Date Completed
Project Outcome
PUBLIC ART
Utility Box Art
6
25E -19
9/11/
Reference #2
Contact Name
Telephone Number
E -mail Address
Address
(Street, City, State, and Zip Code)
Nature, location and medium
of art project installation
Contract Amount
Date Completed
Project Outcome
PUBLIC ART
Utility Box Art
7
25E -20
Exhibit C
DESIGN
Below is a template of a typical ultity box showing four sides and the top. Use this template to illustrate your color rendering(s).
You may enlarge the template as needed, Unique color, and bold graphics work well, along with bright images that compie-
ment pedistrian activity. City staff and the jury will look for colorful artwork that celebrates the unique essence of Downtown
San Luis Obispo. To learn more about San Luis Obispo visit www.downtownsio.com,
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design must be adjustable. n
25E -21
CITY OF
ASHLAND
Public Art Commission
CALL FOR ENTRIES
Reflections of Ashland: Utility Box Beautification Project
OVERVIEW/ VISION
The City of Ashland's Public Arts Commission invites artists to submit 2- dimensional
plane and drawings to be considered in a continuation of the Reflections of Ashland;
Utility Box Beautification Project.
Reflections of Ashland; Utility Box Beautification Project Phase t was completed in July
2009 with the beautification of various utility boxes throughout Ashland taking
these "necessary" utilitarian objects and transforming them into works of art that enhance
the visual landscape. Phase I focused on Ashland's Historic Downtown and Railroad
District where seven utility boxes were painted for beautification. At this time, one box
at the corner of Heiman and Hersey Streets will be added to the collection.
This project celebrates community pride and elevates awareness of public art amongst the
citizens and visitors of Ashland. This project will also be an opportunity for local artists
to display their talents in the public sphere of Ashland.
PROJECT DESCRIPTION
A local Ashland business, Dreamsack, in cooperation with the Public Arts Commission is
the sponsor of this utility box.
The theme for this project is Reflections of Ashland. Artists are invited to submit designs
that are suitable to the theme of Reflections of Ashland. These may include but are not
limited to designs that reflect Ashland's natural beauty, cultural offerings, history and
distinctive charm. All designs must be submitted on the Design Template (attached).
Artists may find it easier to create their design by enlarging the template.
The winning design will be selected based on adherence to specific guidelines and
criteria as defined at the end of this document.
The chosen artists will be asked to paint the utility box during the month of August or
September. The artists will receive a stipend for paint in the form of a reimbursement
and assistance in obtaining the correct paints for durability.
The PAC will hire a professional to prepare the box for painting and to apply a vandal
proof coating after the box is painted.
25E -22
AWARD
Artists whose work is selected will receive an honorarium of $250.
Artist Benefits:
• Artist recognition via your signature on the utility box (no larger than
3 "x5").
• Artist will be mentioned in the Ashland's City Source.
• Artist will be mentioned in the press materials regarding this project.
PROJECT TIMELINE
July 30, 2010 Deadline for response to Call to Artists
August 12, 2010 Notification of Winning Entries
August or September Box is painted
ELIGIBILITY
The Call for Entries is open to all Jackson County artists
SUBMISSIONS
All materials must be received in the City of Ashland Public Arts Commission office
by S:OOpm, Friday, July 30, 2010. Send submissions to:
City of Ashland, Attn: Ann Seltzer - PAC Utility Boxes
20 East Main Street
Ashland, OR 97520
Submissions should include the following material:
1. Contact information including Name, Address, Telephone and e-mail
2. Resume describing artistic experience
3. A small sample of past works: photographs, slides, or CD's acceptable
4. Your design(s)* in full color on the provided Design Template (template may
be enlarged)
S. A brief description of how your concept will communicate the theme of
Reflections of Ashland. These may include but are not limited to designs that
reflect Ashland's natural beauty, cultural offerings, history and distinctive
charm.
6. Self- addressed stamped envelope if you wish return of your materials.
*Each artist may submit up to three designs for review
Submissions should adhere to the following guidelines:
1. Quality: The artwork should be of exceptional quality and enduring value
2. Site: The artwork should enhance the existing character of the site by taking
into account scale, color, material, texture, content, and the social dynamics
of the location.
2
25E -23
3. History and Context: The artwork should consider the historical geographical
and cultural features of the site, as well as the relationship to the existing
architecture and landscaping of the site.
4. Commercial Aspect: The artwork shall not promote goods or services.
S. Compliance: Artworks shall not violate any federal, state or local laws,
including specifically ACM Chapter 18.96.
6. Additionally, the artwork shall not reflect partisan politics, negative imagery,
religion and sexual content.
SELECTION COMMITTEE
The winning entries will be selected by a Selection Committee consisting of five
people, including a representative from the Electric Utilities Department of Ashland,
an art professional (artist, art educator, gallery owner, etc.), business owner or
resident of the area, and two members of the community -at- large. A member of the
Public Arts Commission will facilitate the jury process but will not cast a vote.
The Selection Committee will select winning entries based upon the following
criteria:
1. The overall strength and visual appeal of design concept.
2. The relevance of the design to the project theme "Reflections of Ashland."
3. The design reflects artistic excellence and innovation.
4. The appropriateness of the design for the designated location.
In the event that only one submission is received, it will be judged by the
selection panel as a "yes" or "no" vote.
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25E -24
Utility Box on the corner of Helman and Hersey Streets
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25E -25
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City of'San Luis Obispo
DOWNTOWN UTILITY BOX BEAUTIFICATION PROGRAM
Artist Agreement
This agreement is made and entered into between (1) the City of San Luis Obispo (hereinafter "City ") and (2)
selected to participate in the Downtown Utility Box Beautification Project (hereinafter "Artist').
1. Artist will use paint type and paint products recommended by the City which are the following:
a. PAINT TYPE: premium high solids 100% acrylic latex waterborne exterior wall and trim paint;
tow - sheen, eggshell or satin finish; minimum 1.5 mil dry thickness per coat.
b. PAINT PRODUCTS (in recorn mended order):
• Nova Color (available wholesale at www.novacolorpaiiiLcom)
• Sherwin Williams: Accolade Exterior Acrylic Latex, Satin
• Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell
• Benjamin Moore: Aura Exterior Acrylic Latex 11634 Low Lustre
• Frazee 4126 Mirro Glide Low Sheen Acrylic Latex
• Kelly Moore #1245 Acry- Shield Acrylic Latex Low Sheen
2. Artist will purchase the needed paint and supplies, including paintbrushes, paint rollers, rolling pans,
drop cloth, masking tape, latex gloves, and cups for blending /mixing paint. Artist must provide his /her
own additional supplies if needed.
3. The City will have the utility boxes cleaned, prepped and primed prior to painting.
4. Artist will paint the utility box assigned to them by the City. Painting of the box must be started on
Saturday, September 25, 2010 . and must be completed no later than October 1, 2010. Painting may roily
occur during the hours of 7 a.m. to 7 p.m. (with the exception of Thursdays when painting must occur
between 7 a.m. and 4 p.m.). A minimum sidewalk clearance of four feet must be adhered to at all times
5. Artwork must include all visible sides of the utility box including the top.
6. The artist shall schedule and attend a public works inspection of their respective utility box at least 48
hrs prior to commencing work. During this inspection public works staff will identify electronics,
equipment, and other facilities on the exterior of the cabinet which shall not be painted, including.
• official plaques, stickers, or identification numbers
• keyholes or keyhole covers so they cannot be opened
• windows, vents, or viewing ports
7. If any component of the City's traffic signal systems is damaged as a result of the artists work, the artist
shall arrange for a licensed contractor to repair the damage at the artist's sole expense.
S. The artist shall provide for City maintenance, operations, and emergency access to their respective
utility box at all times.
9. Artist recognition via signature on the utility box may be no larger that 3"x5"
I0. The completed artwork will be the property of the City, which retains the right to remove, modify, or
replace the utility box, components of the utility box, or the artwork if necessary without compensation
to Artist.
25E -27
11, The City may use images of the artwork for promotional purposes.
12. Artwork may not contain advertising, religious art, sexual content, negative imagery, convey political
partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or
nature.
13. Artwork may not include any breach of intellectual property, trademarks, brands, images of illegal
activity or involve the attachment of any object(s) to the box.
14. The artist has the first option to repair artwork if damaged. The City may repair, remove, or modify
damaged artwork if Artist is unavailable.
15. The City will pay a $1,500 per box to the Artist within 30 days upon completion of the utility box. It is
the artists responsibility to contact the Public Art Coordinator at the time of completion.
16. The City will reimburse the artist for the cost of paint and paint supplies not to exceed $200. The artist
must fill out and submit a reimbursement form (attached) within 30 days of completing the artwork.
Receipts must be attached for reimbursement. Artists will receive a reimbursement check within 30
days of submitting a reimbursement form.
17. Artist shall defend, indemnify, protect and hold harmless the City, or their elected and appointed
officers, employees, members or agents from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the
result of the negligent acts, errors or omissions or the willful misconduct of the Artist, and Artist's
employees, subcontractors or other persons, agencies or firms for whom Artist is legally responsible in
connection with the execution of the work covered by this Agreement. Artist shall have no duty to
indemnify or hold harmless the City if claims, damages, liability, costs and expenses (including without
limitations, attorneys fees) arise from the sole negligence or sole willful misconduct of the City
subsequent declaration by the Artist. Artist's obligations shall survive the termination of this Agreement,
18. To protect the City, Artist shall execute a Release from Liability before participating in the Downtown
Utility Box Beatification project.
19. Artist is not and any of the Artist's agents, employees or representatives are, for all purposes under this
agreement, an independent contractor and shall not be deemed to be an employee of the City, and none
of them shall be entitle to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
20. The City may terminate this Agreement at any time and for any reason. If the Agreement is terminated
by the City after the painting of a utility box has commenced, Artist shall be entitled to reasonable
compensation for work performed to date, minus any offset representing the City's damages should
termination result from Artist's breach of contract.. Artist hereby expressly waives any and all claims
for damages or compensation arising under this Agreement except as set forth herein.
Public Art Manger, City of San Luis Obispo Date
25E -28
Utility Box Beautification Program
Downtown San Luis Obispo
BOX ART
RELEASE FROM LIABILITY
PERSONAL INFORMATION (PLEASE PRINT)
Full
City:
Emergency Contact: —
Special Accommodations:
SS #:
WAIVER AND LIABILITY RELEASE
State: Zip*
I have read the Artists Agreement and will adhere to the rules and regulations set forth wherein and act
in a respectful manner while representing the City of San Luis Obispo. I assume the responsibility of
mental and physical fitness to participate in the assignment, and agree to abide by all rules and
requirements of the program. I also understand that failure to abide by the above may lead to my
termination from the program.
-iderstand that I am not considered an employee of the City of San Luis Obispo for the purposes of
orkers' Compensation, but that the City provides volunteer accident insurance in excess of any other
medical insurance I may have. I agree to comply with the City's policy on reporting any injuries I incur
while under the City's supervision.
I agree to hold harmless the City of San Luis Obispo, its officers, employees and volunteers from and
against any and all liability arising out of or in any way connected with my participation in the program.
THIS RELEASE SHALL APPLY EVEN THOUGH LIABILITY MAY ARISE OUT OF NEGLIGENCE OR
CARELESSNESS ON THE PART OF THOSE DISCHARGED INCLUDING THEIR EMPLOYEES,
AGENTS AND VOLUNTEERS.
This waiver and liability release shall apply to myself, as well as any of my heirs, executors or
administrators.
I am of lawful age and legally competent to sign this agreement I understand the terms and
have signed this document as my own free act.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE BY READING IT
BEFORE I SIGNED IT. I REALIZE THAT BY SIGNING THIS DOCUMENT I AM GIVING UP LEGAL
RIGHTS TO WHICH I MAY BE ENTITLED.
'''NATURE PRINTED NAME
DATE W. '41
25E -29
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San Luis Obispo
Downtown
Association
The City of San Luis Obispo in collaboration with San Luis Obispo
Downtown Association invited artists residing in San Luis Obispo,
Santa Barbara and Monterey counties to apply for a public art project
to create art on 16 utility boxes located throughout San Luis Obispo's
beautiful downtown corridor. The goal of the project is to use utility
boxes as "canvases" for original pieces of art as well as contribute
to the vitality and attractiveness of the downtown while deterring
graffiti. Not only will this project improve the "curb appeal" of one of
the most attractive, interesting and economically vibrant downtowns
in America, but it will also give artists an opportunity to add their
personal touch to the City's public art collection.
I MORE INFORMATION
www.slopublicart.com
City of San Luis Obispo ( 805.781.7300
San Luis Obispo Downtown Association 1805.541.0286
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25E -30
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25E-31
Two different types of utility cabinets with public art, Marsh Street, San Luis Obispo.
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25E -32
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25E -33
Pair of utility boxes in Richmond, BC
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25E -34
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Call for Artists: Urban Art Program
Utility Box Mural Project
Date Issued:
February 15, 2013
Application Deadline:
April 30, 2013
11:00 pm
Imagine how your art can transform a street!
The City of Livermore and the Commission for the Arts invites artists to participate
in the City's second Utility Box Mural Project.
The City and the Commission are seeking artists to showcase their work on a
minimum of 15 utility boxes located throughout Livermore. The program's goals
are to enhance the beauty and vibrancy of Livermore, deter unsightly graffiti on
the utility boxes, and bring art to unexpected places.
Applications are available through callforentry.org, an online application
system. There is no charge to the artist for using callforentry.org or to apply for
the Utility Box Mural Project. If you are a first -time user, please allow adequate
time to learn and understand the online system. Applications will not be accepted
after the deadline.
Directions how to access the online application begin on page 3 of this document.
Please read this Call for Artists in its entirety
before completing the application.
EXHIBIT 4
25E -37
Eligibility
This Call for Artists is open to all adult and student practicing artists. The Call is also open to
Art Teachers that are interested in mentoring a group of students. All entries must be an
original design and artwork of the entrant and mast be suitable for viewing by all ages.
Description and Location of Utility Boxes
The City's Utility Boxes vary in size, but typically they are 4 feet, 7 inches tall; 3 feet, 234 inches
wide; and 2 feet, 2 inches deep. The boxes are currently grey and will require several
sequential applications of paint to complete the project (1. sand 2. prime 3. paint with acrylics
4. finishing with anti - graffiti clear coat). The boxes are visible to pedestrian, automobile, and
other passing traffic.
Although specific utility boxes are not selected for this project, the Commission for the Arts is
encouraging artists to choose boxes located on major thoroughfares into and throughout
Livermore. The streets are as follows,
• Stanley Boulevard between Isabel Avenue and Holmes Street
• North Livermore Avenue between 580 and Railroad Avenue
The Commission is also encouraging Art Teachers and students to select utility boxes near
their school.
This call is only for the City of Livermore Utility Boxes. If you choose a location that contains
more than one box, the City's box is the largest of each of the boxes.
You may not choose to place art on a utility box that was painted in a previous year.
Artwork Opportunity
The proposed Utility Box Mural art must be acrylic paint and cover all four sides and the top of
the box.
The art should enliven the area, transform the street and reflect the neighborhood or area
where the utility box is located. Due to the location of the boxes, the art should be visible from
a distance; therefore you may choose to utilize bold colors and designs. Additional
consideration can be given to a project that showcases Livermore's cultural diversity, historic
heritage, or acknowledges a key activity that takes place in the area.
Artists can submit more than one concept for the same location.
The art cannot restrict any vents or airflow through the boxes. City maintenance crews must
be able to fully access the components inside the box at all times.
Artists are responsible for prepping and painting the utility box. An anti- graffiti clear coat
must be applied to protect the art upon completion.
Page 2 of 5
25E -38
The installation of the work must be completed from July 1 through October 7, 2013. The
artists may enlist assistants to help them complete the project An art teacher may also mentor
a group of students.
The artist cannot begin the installation on the selected utility box until all liability and
contract forms are completed and submitted to the City. lfyou are under the age of 18, a
parent or guardian is required to sign all forms.
The art may include the name of the artists and the sponsor (no larger than a 3" x 5" space).
Entries that use a copyrighted or trademarked image will not be accepted. In addition, the art
must not be plagiarized, stolen, or copied from any other source. Entries must not defame or
invade the rights of any person, living or dead.
The artwork is a long -term installation and will become the property of the City of Livermore.
How to Apply for this Call
You must use the online site callforentry.ore to apply for the Urban Mural project. Please
access the "How to Apply" section in the bar at the top of the page to begin this process. If you
have any questions or concerns, please review the "Cafe Help" section in the same bar at the
top of the page.
The name of this call is City of Livermore: Utility Box Mural Project. It is listed in
alphabetical order on the "Call Listing" page. There are many ways to access the "Call Listing"
page, but the easiest is to use the link named "View All Calls" on the front page of the website.
Application
All requirements listed below must be met or the application will be removed from
consideration.
• Full application completed through the online website
• A concept drawing that shows the front, sides, and top of the utility box must be
included in the application.
• Submissions may be hand drawn or computer generated.
• If interested, the artist can select the location of the box they would like to paint. The
Commission will accept up to 5 location choices. Please rank the specific location with
#1 being the most desired, #2 being the next, and so forth.
• A statement of interest (2,000 characters maximum) that describes why you are
interested in painting a utility box and your experience working on public art projects.
How does the artist believe the art will transform the street and /or enliven the area?
Page 3 of 5
25E -39
• A resume that includes exhibition history, past projects; or a brief description of
cooperative, community-based projects (do not exceed four pages). Ifyou are a
student, a letter of recommendation from an art teacher will be accepted in lieu of a
resume.
A minimum of 3 examples of previous work including a brief description.
All visuals including utility box designs and examples of previous work must meet the
online format specifications required for uploading:
• File type: JPG
• Dimensions: minimum 1920 pixels on the longest side.
• Resolution: 72 ppi /dpi
Artist Selection Process
The Selection Sub - committee will consist of three members of the City's Commission for the
Arts, one visual art professional that is not a current member of the Commission for the Arts,
and up to two at -large members of the community. The Selection Sub - committee will conduct
its review on May 8, 2013 in the City Council Chambers beginning at 6:00 pm. All
applicants are invited to attend this meeting to make o five- minute presentation to the
Subcommittee describing their proposed utility box mural.
The Selection Sub - committee will recommend which murals will be completed and the
location of the utility boxes to the full Commission for the Arts at their regularly scheduled
meeting on May 28, 2013. Please note this Is an open meeting and the public is invited to
attend. The Commission for the Arts is the final decision making body for this process.
Selection Criteria
The Selection Committee and Commission for the Arts consider the following when making the
selection for the Urban Mural Project
• Artistic excellence, innovation, and originality.
• Does the artist have the experience to complete the project within time frame?
• Does the art meet the goals of the project?
• Transform the area?
• Does the art relate to the area where the utility box is located?
• Show the City s cultural diversity, historic heritage, or a key activity?
If you are selected to complete a Utility Box Mural
At this meeting, City Staff will distribute contracts, liability releases. Commission members
will provide details and additional information to complete the mural. If you are under the age
Page 4 of 5
25E -40
of 18 and selected to complete a mural, a parent or guardian MUST attend this meeting with
you and sign all liability releases.
All artists must sign a City of Livermore liability release before beginning work on the selected
utility box. The process time window for the Utility Box Mural Project begins on July 1, and is
open through October 7, 2013. The installation of the work must be completed in a five -week
time period, within the July - October time frame.
The artists will receive a $125 stipend when they begin the work. You must notify the City
when your project is completed. After review from City Staff and a Commission for the Arts
member, you will receive an additional $125.
The City will provide basic art supplies to help complete the project. This information will also
be provided at the June 13th meeting.
Questions?
Please contact City staff at arts C&ci oflivermore net or call (925) 960 -4586.
Page 5 of 5
25E -41
25E -42
REQUEST FOR QUALIFICATIONS
ARTISTS SERVICES (PRE - QUALIFIED POOL)
PAINTING AND TRANSFORMING TRAFFIC SIGNAL CONTROL CABINETS
Long Beach Redevelopment Agency
333 West Ocean Blvd., 3`d Floor
Long Beach, CA 90802
July 1, 2009
The City of Long Beach is California's fifth largest city and conveniently
situated in the southwest corner of Los Angeles County. Long Beach is
recognized nationally for its redevelopment activities. The City has a diverse
economic base and is the headquarters of major manufacturing and service
industries. Long Beach is an attractive and accessible coastal gateway that
serves as an important tourist attraction and is home to the Queen Mary,
Boeing, the Long Beach Aquarium, an expansive beachfront and one of the
largest ports in the world.
For over 45 years, the mission of the Long Beach Redevelopment Agency
(Agency) has been to enhance the quality of life by improving blighted areas
of Long Beach, revitalizing neighborhoods, promoting economic development,
creating jobs, providing affordable housing and encouraging citizen
participation.
The Agency also recognizes the importance of public art to beautify the City
of Long Beach and promotes various art projects throughout Long Beach.
The Agency is pleased to announce an opportunity for artists to paint and
transform selected traffic signal control cabinets (utility boxes) into pieces of
art that bring a sense of community to the neighborhoods. Artists will
primarily focus on the creation of murals for selected utility boxes throughout
the city with final design approval from the Agency. The Community
Development Department, Neighborhood Services Bureau (NSB) will be
managing the utility box project and work directly with the artists who will be
selected on a rotational basis.
Interested artists should
references. Portfolios ;
previous artwork.
- EXHIBITS-
Building A Better ling Beach
SELECTION PROCESS
Applicants must be experienced professional painters /muralists. Agency staff
and Arts Council for Long Beach will create a list of finalists based on artistic
achievement as demonstrated by applicant's resume and portfolio. The
Agency will enter into contracts with the most qualified artists on an as-
needed basis. The estimated budget per each utility box ranges from $1,500
to $2,500.
Resumes, portfolios, and two professional references should be forwarded to:
Dora Cortes
Redevelopment Agency
333 W. Ocean Blvd., 3'd Floor
Long Beach, CA 90802
This RFQ will remain open on a continuous basis. Artists will
notifications Via US mail. For specific questions, please email Dora
Community Development Analyst at Dora.Cortesna lonobeach.00v.
phone at (562) 570 -6848.
25E -44
receive
Cones,
or by
Agreement for Artist Services
Central Project Area
Traffic Signal Cabinet Public Art Project
This Agreement is entered into on the 28th day of June 2011 by and between the
Redevelopment Agency of the City of Long Beach ( "Agency ") and loana Urma ( "Artist "),
for participation in the Central Project Area Traffic Signal Cabinet Public Art Project
(''Project ").
THE PROJECT
Under the terms of this Agreement, the Artist will paint designated traffic signal
cabinets in the Central Project Area at the northeast corner of Pacific Avenue
and 20th Street, the northeast corner of Pacific Avenue and 215t Street and
the northeast corner of Pacific Avenue and Hill Street in the City of Long
Beach ( "Project Area "). The Project shall consist of painting the traffic signal
boxes identified in Exhibit "A" hereto.
2. ARTIST SERVICES
A. Concept Design
The Artist will provide the Agency with an original color rendering, to scale,
depicting all four elevations of the designated signal cabinet box. The Artist
shall, upon request, present the rendering to a panel comprised of
representatives from the Agency, the Project Area Committee and relevant
City Council members. Artist shall not depict alcohol, tobacco, drugs, overt
sexual, religious or political content or images of specific commercial products
and brands. The Artist shall use light value colors for the Project. Dark
values may affect the fan mechanism within the cabinet due to the possibility
of increased heat gain.
B. Design Development
The Artist will, in good faith, consider making refinements to the initial concept
design of the Project based on recommendations from the panel. If
necessary, the panel will reconvene to review any changes to the Project.
The final design of the Project must be approved in writing by the Agency
prior to commencement of work on the Project.
C. Implementation
The Artist will provide paint and materials necessary for the traffic signal
cabinet project. No extraneous materials may be applied to the cabinet
except for paint and graffiti protection as approved by the Agency. The
Artist shall perform the work in a workmanlike manner and shall be
responsible for clean up of paint splatters in the sidewalk, buildings or
adjacent objects.
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25E -45
The City's Traffic and Transportation
of the dates of work at least 24 h
(including surface preparation.)
Bureau (570 -2762) shall be notified
)urs prior to the start of the work
The work is subject to inspection by a City's Traffic Signal Technician and
the assigned Public Works Inspector at all times, and subject to the
conditions and directions of these City employees.
4. The locations of the cabinets to be painted are shown on Exhibit "A" to this
Agreement.
The hinges, handles, and locks shall not be painted by the Artist, in order
to insure the proper functioning of the cabinet doors.
At least 12 inches clearance shall be maintained from ventilation slots at
all times.
7. All reasonable efforts shall be made to minimize the entry of dust or fumes
—. - -- into the cabinet.
3. TEMPORARY ART PROJECT; MAINTENANCE
A. The Project is intended as a "temporary' public artwork. The Agency agrees
to allow the Project a minimum five (5) year term, commencing on the date of
completion of the Project, before considering removal of the work. However,
the Agency may, at its sole discretion, remove or alter the painted cabinet at
any time prior to the five -year term for reasons of operation, maintenance or
public safety.
B. In the event that graffiti removal, minor or major cleaning, repainting or other
maintenance work must be performed on the Project after completion of the
Project by the Artist, Agency will contact Artist at the address located below,
and Artist shall have 7 days to perform such work. Agency shall pay to Artist
the amount of $60 per hour worked, provided, that Agency pre- approves both
the work to be performed and budget applicable thereto. The Artist shall be
responsible for all work, including obtaining permission from the City to work
within the City's rights -of -way. In the event that Artist fails to commence and
complete such work in the time period set forth above, the Agency shall
perform such work.
4. PAYMENT FOR SERVICES
A. The Agency shall compensate the Artist for services described in Article 2 in
an amount not to exceed $ 3,600 ($1,200 per painting of each box).
B. Agency shall reimburse expenses upon prior Agency written approval of
same.
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25E -46
COORDINATION AND ORGANIZATION
A. Artist shall coordinate performance with the Agency and inform the Agency of
the progress of the work in detail for the duration of the Project. No changes
to the Project shall be made without approval of the Agency's key employee.
B. For purposes of this Agreement, the Agency's key employee is the Executive
Director or authorized representative.
6. INDEPENDENT CONTRACTOR
In performing services under this Agreement, the Artist is and shall act as an
independent contractor and not an employee, representative, or agent of the
Agency or the City of Long Beach. Artist acknowledges that: a) Agency will not
withhold taxes of any kind from Artist's compensation; b) Agency will not secure
workers' compensation or pay unemployment insurance to, for or on Artist's
behaff; and c) Artist is not entitled to any of the rights, benefits or privileges of
City of Long Beach employees.
RIGHT, TITLE AND INTEREST TO THE WORK
A. The Artist reserves to him /herself all copyrights in the work, the concept
design and any incidental works made in the creation of the work. The Artist
agrees not to unreasonably refuse permission to photograph artwork.
B. The Artist will retain all rights, title and interest to any designs which may be
rejected by the panel, as well as any incidental, designs resulting from the
design and creation of the work.
C. The Artist warrants that: a) the work is solely the result of the artistic effort of
the Artist; b) except as otherwise disclosed in writing to Agency and the
panel, the work is unique and original and does not infringe upon any
copyright; and c) the work is free and clear of any liens from any source
whatsoever.
8. COPYRIGHTS
A. The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. §101 et
seq., and all other rights in and to the work except ownership and possession,
except as such rights are limited by any other terms of this Agreement. In
view of the intention that the work shall be unique, the Artist shall not design
any additional exact two or three - dimensional reproductions of the final work,
nor shall the Artist grant permission to others to do so except with the written
permission of the Agency and the City of Long Beach.
B. Agency and the City of Long Beach shall not design or permit others to
design additional duplicate two or three - dimensional reproductions of the final
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25E -47
work in part or in whole for commercial purposes without first obtaining written
permission of the Artist. In the case of commercial use, a flat fee, based on
reasonable market conditions, will be offered the Artist as part of a separate
Agreement.
C. Artist grants to the Agency and City of Long Beach permission to make two -
dimensional reproductions of the work solely for non - commercial purposes,
including reproductions used in advertising, brochures, media publicity and
catalogs.
D. All photographic or film reproductions of the work by the Agency or City of
Long Beach shall contain a credit to the Artist, stating his /her name, title of
the work (if any) and year of completion of the work.
9. LAW
This Agreement shall be governed by pursuant to the laws of the State of
California.
10. ENTIRE AGREEMENT
This Agreement constitutes the complete and final integration of all arrangements
and agreements between the parties. This Agreement shall be amended and
modifies only by an Agreement in writing by both parties.
11. TAX REPORTING
As required by federal and state law, Agency is obligated to and will report the
payment of compensation to Artist on Form 1099 -Misc. Artist shall be solely
responsible for payment of all federal and state taxes resulting from payments
under this Agreement. Artist shall submit a W9 1Artist's Employer Identification
Number (EIN), or Artist's Social Security Number if Artist does not have an EIN,
in writing to Agency's Accounts Payable, Department of Financial Management.
Artist acknowledges and agrees that Agency has no obligation to pay Artist until
Artist provides one of these numbers.
12. WAIVER OF LIABILITY
The Artist agrees that prior to commencing the Project, Artist will inspect the
facilities, equipment and areas to be used, and shall assume any and all risks of
bodily injuries to the Artist, including medical or hospital bills, permanent or
partial disability and death or damages to my property, caused by or arising from
Artist's work on the Project. The Artist agrees not to sue of present any claim for
personal injury, property damage, or wrongful death against the Agency or the
City of Long Beach generally or their officers, employees and agents, for
damages attributable to the Project, whether the same shall arise by their
negligence or otherwise. Artist agrees to require all persons working on the
Project to execute and deliver to Agency the form attached hereto as Exhibit "B"
prior to the commencement of any work.
19
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25E -48
X
In witness whereof, the parties hereto have executed this Agreement as of the date set
herein.
ARTIST
loana Urma
Name (Print)
Signature
620 Illinois Court No. 4, El Segundo, CA 90245
Address
Redevelopment Agency of the City of Long Beach
Assistant cu ' e irec Qo
G . za I I
Date
310.227.3352
Daytime telephone number
6 • z.S' . It
Date
Approved as to form this Zt day of D L,� , 20-�-.
ROBERT E. SHANNON, City Attorney
of the City of Long Beach
Attorney r he Redevelopment
Age nc of City of Long Beach, California
By
Assistant
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25E -49
Exhibit "A"
Utility Box No. 1:
Location - northeast corner of Pacific Avenue and 20`" Street
Utility Box No. 2:
Location - northeast corner of Pacific Avenue and 21't Street
Utility Box No. 3:
Location - northeast corner of Pacific Avenue and Hill Street
25E -50
Exhibit B
Release and Waiver of All Liability
And Assumption of Risk Agreement
FOR GOOD AND VALUABLE CONSIDERATION, including permission to participate in the Traffic Signal
Cabinet Public Art Project and related activities ( 'EVENT'), I, for myself, my successors, heirs, assigns,
executors, administrators, spouse, and next of kin,
1. Agree that, prior to participating I will inspect the facilities, equipment, and areas to be used, and, if
I believe that any of them are unsafe, I will immediately advise the person supervising the EVENT,
facility, activity, or area,
2. Acknowledge that I fully understand that my participation may involve risk of serious Injury or
death, including economic losses, which may result not only from my own actions, inaction, or
negligence, but also from the actions, inaction, or negligence of others, the condition of the
facilities, equipment, or areas where the EVENT or activity is being conducted, the rules of play, or
this type of EVENT or activity,
3. Assume any and all risk of bodily injuries to myself, including medical or hospital bills, permanent
or partial disability, death, and damages to my property, caused by or arising from my participation
in the EVENT or activity;
4. Covenant not to sue or present any claim for personal injury, property damage, or wrongful
death against the Redevelopment Agency (PERMITEE /Sponsor), the City of Long Beach, their
officers, employees, volunteers, and agents for damages attributable to my participation in the
EVENT or activity;
5. Release, waive, discharge, and relinquish the Redevelopment Agency (PERM ITEE/Sponsor),
the City of Long Beach, their officers, employees, volunteers, and agents form any liability, loss,
damage, claim, demand, or cause of action against them arising from or attributable to my
participation in the EVENT or activity, whether same shall arise by their negligence or otherwise;
6. Agree that photographs, pictures, slides, movies, or videos of me may be taken in connection with
my participation in the EVENT or activity without compensation from the City of Long Beach or the
Redevelopment Agency (PERMITEE /Sponsor), and consent to the use of these photographs,
pictures, slides, movies, or videos for any legal purpose.
7. Warrant that I am in good health and have no physical condition that would prevent me from
participating in this event or activity, and
8. Acknowledge that the City of Long Beach or the Redevelopment Agency (PERMITEE /Sponsor) are
not joint sponsors, joint ventures, partners, or otherwise jointly engaged in the above -named
EVENT or activity.
a
loanaUrma / v' /r "v "
PRINTED NAME SIGNATURE
25E -51
I
DATE
Wrigley Village Utility Box Painting Project
Utility Box No. 1:
Location - northeast corner of Pacific Avenue and 20th Street
Utility Box No. 2:
Location - northeast corner of Pacific Avenue and 21St Street
Utility Box No. 3:
Location - northeast corner of Pacific Avenue and Hill Street
25E -52
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CITY OF OCEANSIDE
Arts Commission
Utility Box Beautification Program
Call for Painters:
Theme:
"Oceanside Harbor Artwalk: Heritage & History"
Deadline for Entries:
Friday, August 8, 2008: 5 P.M.
Notification of Acceptance:
August 29, 2008
Painting of Utility Boxes:
Month of September, 2008
The Oceanside Arts Commission is proud to sponsor the first
phase of our utility box beautification project. The theme is:
"Oceanside Harbor Artwalk: Heritage and History"
This is an excellent opportunity for both professional
and non - professional artists, from San Diego County, to
participate in a project to beautify the Harbor of
Oceanside, by transforming a utility box into a work of art.
M
The Details:
* - - 4W
21
Utility Boxes:
• The first phase of the project will involve the painting of 8 utility boxes at the
Oceanside Harbor on Harbor Drive North.
• The theme is: "Oceanside Harbor Artwalk: Heritage and History".
• Artists' work will reviewed by a panel of jurors.
• Each finalist will paint one utility box.
• Primer, Sandpaper and Paint will be provided.
• Artists will supply their own brushes.
• City of Oceanside will paint an overlay of anti - graffiti coating upon completion.
• Artists will work on a volunteer basis.
• Finalists will be chosen based on artistic excellence and relevance to the theme:
"Oceanside Harbor Artwalk: History and Heritage ".
EXHIBIT 6
25E -57
CITY OF OCEANSIDE
Arts Commission
Utility Box Beautification Program
Artist Benefits:
Page 2
Artist recognition via your signature an the utility box (no larger tha'i 3' x 5 ").
Artists, and possibly artwork, will be mentioned in the press release materials for the project.
Artist name, artwork title, photo of artwork and artist contact information will be Included in a
brochure, to be printed upon completion of the project. The pamphlet will Include a map of the
harbor showcasing the location of each box. Brochures will be distributed at various
harbor locations, the welcome center and other local venues in order to promote the artwalk.
Information on the Harbor Artwalk will also be posted on the City of Oceanside website:
http://www.cl.oceanside.ca.us.
Inclusion In grand opening reception, upon completion of the project.
3urors: A panel of five jurors consisting of two art commissioners, two city employees
from the Harbor Department and one business owner from the Harbor neighborhood
will review submissions and select the artists.
Notification of Acceptance of entries: Week of August 25th, 2008
Upon notification of acceptance, artists will be given final dimensions for their utility box.
Painting of Utility Boxes: Painting will take place during the month of September 2008.
Submission Guidelines:
Slides will not be accepted. All applications will be by email in 3PG format only
Electronic Submission:
Proposed artwork must be of appropriate nature for general public viewing
and must be relevant to the theme: "Oceanside Harbor Artwalk: Heritage and History "
• A color rendering of your proposed design for the artwork using the template provided below -
must be in jpg format!
• Images of 3 previous paintings in jpg format only!
• Current resume, including name, phone number, street and email addresses in WORD document.
• Email jpg images and resume to: darnoldiMcl.oceanside.ca.us
If you have further questions you may contact: Donna Arnold at: (760- 435 - 5560).
r
25E -58
Page 3
CITY OF OCEANSIDE
Arts Commission
Utility Box Beautification Program
Utility Box Template:
This is a diagram of a typical utility box showing four sides and the top.
Use it to illustrate your painted concept. You may enlarge the template, as needed.
Note Actual utility boxes vary in size and shape. The average size is: 36 "W x 36 "D x 32 "H.
You will have to adjust your artwork to fit the box you are assigned. You will be assigned a box,
based on how the artwork flows in the overall layout of the harbor art walk.
This is a foldout of a typical utility box showing all four sides and the top. Use it to show the
type of Image you would like to paint. From past experience, we have found that bold graphics
work well, along with bright images that complement the pedestrian activity. You will be
supplied with primary and secondary colors, as well as skin tone, black, white and brown.
S l]e 1 Side 2 SNIP 3 Sido a
Faces the sheet Faces the building
Application Deadline:
Email Deadline for Entries: Friday, August 8, 2008- 5:00 P.M.
• Note to artists: Utility boxes are the property of SDGE. The art "installation"
may not be permanent; repairs or replacement of the utility boxes may modify (or eliminate)
the artwork at any time. Touch -up of paint may be done by Harbor maintenance crew. Once
installed, the artwork may not be altered by the artist, without permission from the art commission.
The City of Oceanside has full rights to photograph or otherwise use the artwork.
The City of Oceanside and /or the Art Commission reserve the right to modify the timeline if needed.
25E -59
1. Jamine Vowels
6. Carol Woodward
11. TERI'S Center for the Arts
16. Carol Woodward
.r�
2. MarleTownley 7. Carol Woodward 12. TERI'S Center for the Arts 17. Krista Timberlake
3. Sossity Corby
r^ -rte
4. Jay Crawford
8. Jesse Sayago
�o r
fY t•
13. Joey Chavez
No
14. Joey Chavez
18. Joe Villela
19. Marie Townley
25E -60
25E -61
c n�,
*'r 1
25E -62
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
COMMUNITY DEVELOPMENT BLOCK GRANT
FISCAL YEAR 2013 -2014 ANNUAL ACTION PLAN
SUBSTANTIAL AMENDMENTS FOR REALLOCATION
OF FUNDS
CITY MANAGER
i 11 ki I i
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordnance on 2 o Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Approve three projects up to a total of $750,000 of available prior year CDBG funds.
2. Approve a substantial amendment to the 2013 -2014 Annual Action Plan, approving the
reallocation of Community Development Block Grant funds, and authorizing its submittal to
the U.S. Department of Housing and Urban Development.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION
At its regular meeting of October 1, 2013, by a vote of 6:0 (Aguinaga absent), the Community
Redevelopment and Housing Commission conducted a public hearing and recommended that
the City Council approve a substantial amendment to the 2013 -2014 Annual Action Plan
approving the reallocation of Community Development Block Grant funds, and authorizing its
submittal to the U.S. Department of Housing and Urban Development.
FINANCE ECONOMIC DEVELOPMENT AND TECHNOLOGY COMMITTEE REVIEW
The Finance, Economic Development and Technology Committee (Committee) reviewed this
matter at its meeting on August 6, 2013 and recommended that the City Council proceed with
said actions. The Committee also recommended three City projects be forwarded to the City
Council for consideration along with up to two additional capital projects from specified outside
entities.
DISCUSSION
In May 2013, the City Council approved and the City submitted to the U.S. Department of
Housing and Urban Development (HUD) an Annual Action Plan (Plan). The Plan is the
document whereby the City formally applies to HUD for the annual federal grant allocations
(CDBG, HOME, ESG, and HOPWA) and describes how those grant funds will be utilized.
29A -1
CDBG FY 13 -14 Annual Action
Plan Substantial Amendments
November 4, 2013
Page 2
The City Council considered funding an additional project that was not on the proposed action
plan, but did not want to delay the submittal of the action plan. Therefore, the City Council gave
authority to the Finance, Economic Development and Technology Council Committee to research
the matter further.
In June, the Committee requested that staff review the amount of unencumbered prior year
CDBG funds available. City staff reconciled the fund, reserved an amount for future
contingencies, and determined that $750,000 could be used to fund additional CDBG - eligible
programs /projects. Due to the funding caps placed on the Administration /Planning and Public
Services categories, these funds must be used in other CDBG eligible categories. The
Committee requested staff return to them with a list of City projects in need of funding.
Based on the Committee direction, staff requested project proposals from City departments
where a list of capital projects was compiled and prioritized for the most in need of funding.
During this process, staff also communicated with the two non - profit organizations and requested
a list of projects for consideration. The Delhi Center submitted five projects and also indicated
that they were not currently collaborating with The Grain Project. After an eligibility and feasibility
review, one project from the five submitted from Delhi Center was determined to meet CDBG
requirements and have sufficient information to proceed.
In August 2013, staff presented the one non -city and the three City projects to the Committee.
Representatives from the Delhi Center were present and requested that they be considered for
funding. Additionally, a representative from The Grain Project indicated that she had been in
communication with the Delhi Center regarding project collaboration. The Committee directed
staff to work with the two organizations to identify any potential projects they were planning. The
three City projects and one non -city project are further described in the proposed Annual Action
Plan Substantial Amendment (Exhibit 1) and are listed in the table below for your review.
Project
Estimated Cost
El Salvador Park Improvement
$457,500
Public Facilit Center tJ rades
$60,000
Neighborhood Street Improvements
$242,000
Delhi Center ADA Improvements
$200,000
Total
$959,500
Available
$750,000
_Funding
Surplus / (Deficit) _ _
j$209,500�__
The Committee was informed that funding all of the suggested projects resulted in a deficit of
$209,500. Notwithstanding that fact, the Committee recommended that all four projects move
forward for consideration by the full City Council, where it will decide to either reduce funding for
29A -2
CDBG FY 13 -14 Annual Action
Plan Substantial Amendments
November 4, 2013
Page 3
all projects or eliminate one or more projects in order to stay within the available budgeted
allocation of $750,000.
On September 9, 2013, the City began the citizen participation process and made the draft
Substantial Amendment to the 2013 -2014 Action Plan Report available to the public for a 30 -day
period. A public hearing was held on October 1, 2013 before the Community Redevelopment
and Housing Commission, which is the governing body that has been identified as having the
authority to hold public hearings on such matters.
Prior to submission to HUD, the Plan's Substantial Amendment will need to be revised to include
the modifications made by the City Council on November 4, 2013, in order to provide for the
reallocation of $750,000 to CDBG - eligible capital improvement projects. Legal notice for this
CDBG substantial amendment was published in the Orange County Register, La Opinion and
Nguoi Viet News on September 9, 2013,
FISCAL IMPACT
Funds for the capital improvements will be available in the CDBG account (no. 13518783).
APPROVED AS TO FUNDS AND ACCOUNTS:
Nancy Fong, Fr ancisco Gutierrez Interim Exec ve Director Executive Director
Community Development Agency Finance & Management Services Agency
NFIFHIkg
Exhibit: 1. 2013 -2014 Annual Action Plan Substantial Amendment — CDBG
29A -3
29A -4
Limlid
2010 /11. 2014 -15 CITY OF SANTA ANA CONSOLIDATED PLAN I SUBSTANTIAL Al 1N ACTION PLAN
2013 /14 ACTION PLAN
Introduction .................. ...............................
Amendments..... ...... ...................
Citizen Participation ................... �.
Exhibits
Exhibit 1- Public Hea
Exhibit 2- Proposed
10/23/2013
ary
PAGE
........ —2
�l
...............3
1
29A -6
...........4
...........7
SUBSTANTIAL AMENDMENT TO THE
2013 -2014 ANNUAL ACTION PLAN
SUBSTANTIAL AMENDMENT TO THE' 2010/11- 2014115 CITY OF SANTA ANA CONSOLIDATED PLAN
2013/14 ACTION PLAN
YEAR 2013 -2014 ACTION PLAN
INTRODUCTION
This document is a Substantial Amendment to the City of Santa,Anafs Fiscal Year 2013 -14
Annual Action Plan, which was submitted to the U.S. Department of Housing and Urban
Development (HUD) on May 15, 2013.
Title 24 Section 91.505 of the Code of Federal Regulations stipulates that participating
jurisdictions shall amend their approved plans whenever they make one of the following
decisions:
1. To make a change in its allocation, priorities or a'change in the method of distribution of
funds;
2. To carry out an activity, using funds from any program covered by the Consolidated Plan
(including program income) not previously described in the ziction plan; or
3. To change the purpose; spope, location, orbenefJdar es of an activity.
The Regulation further. requires that'furisdictions identify in their citizen participation plans the
criteria they will use for, determining what constitutes a substantial amendment.
1.
Consistent with these requirements, the Citizen Participation Plan adopted by the City of Santa
Ana as a cOmpcineiitof its 2DiG/11- 2014/15 Consolidated Five Year Plan identifies three
criteria that will require,a substantial amendment:
1. Changes in the use of GDBG funds from one eligible activity to another;
2. An activity is undertaken that was not previously included in the Consolidated Plan or
subsequent action plans.
3. More thafr 3Q, percent of the most recent annual federal grant allocation is reallocated
to other eligible program activities within the fiscal year.
The proposed amendment meets one of these three criteria, and therefore requires a
substantial amendment.
SUBSTANTIAL AMENDMENT To THE
2013 -2014 ANNUALAcnoN PLAN
29A -7
10/23/2013
2010/11- 2014 -15 CITY OF SANTA ANA CONSOLIDATED PLAN SUBSTANTIAL AMENDMENTTO THE
2013/14 ACTION PLAN
AMENDMENTS
The City is amending the 2013 -2014 Action Plan to include the following projects:
+ Public Facilities and Improvements
Project Name: El Salvador Park Improvement
Project Description: Construct a community garden in the unused east parking lot.
Improvements include fencing, decomposed granite surfacing, planter boxes, tool
shed, compost bins, etc. Construct a picnic area In the undeveloped area north of
the existing playground. Improvements include plcnictable /pads, barbecues,
security lighting, irrigation, landscaping, etc.
Estimated Cost: $457,500
Public facilities and improvements
Project Name: Public Facility Center UP
Project Description: This project will iq,
and install new upgraded doors at two
doors are structurally week and pose a
Estimated Cost: $60,000
• Public Facilities and ImprouE
Project Name: Neighborhoo
Project Description: This prc
neighborhood streets in the
Estimated Cost - 52411000
+ Public Faciiities and
Project 414tne: Delhi
Project Description:
M
will in
morial
its
imprs
will in
two activities to remo%
is facility centers of the
of sections of
improving sections of the facility to be
The iyity:has identified approximately,$750,000 in Community Development Block Grant funds
available to commit. The tg0,1 estimated cost of the proposed substantial amendment is
$959,000. Therefore a decision will be made of projects to be funded at the City Council
meeting wher..e,the City Council will take action on the Substantial Amendment to the 2013-
2014 Action Plana For purposes of providing information to the public all potential projects are
being listed.
CITIZEN PARTICIPATION
In accordance with 24 CFR 91.105 {c } (3) for local governments, the substantial amendment
Public Notice for the use of CDBG funds was released for citizen review and comments on
September 9, 2013. During the 30 -day public comment period from September 10, 2013
through October 9, 2013 the Public Notice for the Draft Substantial Amendment was made
available during regular business hours between 8:00 a.m, and 5 :00 p.m., Monday through
10/23/2013
29A -8
SUBSTANTIAL AMENDMENT TO THE
2013 -2014 ANNUAL ACTION PLAN
SUBSTANTIAL AMENDMENT TO THE 1 2010/11- 2014/15 CITY OF SANTA ANA CONSOLIDATED PLAN
2013/14 ACTION PLAN
Thursday in the offices of the Housing Department, 20 Civic Center Plaza, 3rd Floor, Community
Development Agency, 20 Civic Center Plaza, 6th Floor, Office of the Clerk of the Council, 20 Civic
Center Plaza, Room 809, between the hours 10:00 a,m. and 9:00 p.m., Monday through
Thursday, 10:00 a.m. and 6:00 p.m., Friday at the Main Public Library, 26 Civic Center Plaza,
Santa Ana, California and on the city's website. The Community Redevelopment and Housing
Commission of the City of Santa Ana held a public hearing on October 1, 2013, at 6 :00 p.m„ at
the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California 92701. Following the 30-
day public comment period and public hearing, the City Council of Santa Ana will hear and vote
on the Substantial Amendment to the 2013 -14 Action Plan on November 4, 2013. A copy of the
public hearing notice is presented in Exhibit 1. A summary of citizen comments received at the
public hearing and responses to these citizen comments are, resented in Exhibit 1.
SUBSTANTIAL AMENDMENT TO THE
2013 -2014 ANNUAL ACnoN PLAN
29A -9
19%2312013
2010/11 - 2014 -1S CITY OF SANTA ANA CONSOLIDATED PLAN SUBSTANTIAL AMENDMENT TO THE
2013/14 ACTION PLAN
10/23/2013
29A -10
SUBSTANTIAL AMENDMENT TO THE
2013 -2014 ANNUAL ACTION PLAN
NOTICE OF PUBLIC HEARING TO BE HELD BY THE
CITY OF SANTA ANA COMMUNITY REDEVELOPMENT & HOUSING COMMISSION
ON THE PROPOSED SUBSTANTIAL AMENDMENT
TO THE 2013 -2014 ACTION PLAN AND
COMMENCEMENT OF THE 30 -DAY PUBLIC COMMENT PERIOD.
NOTICE IS HEREBY GIVEN that the Community Redevelopment and Housing
Commission of the City of Santa Ana will conduct a public hearing on October 1, 2013
at 6:00 p.m. at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701
on the proposed action approving the substantial amendment to the City's 2013 -2014
Consolidated Plan Annual Update. On November 4, 2013 on or about 6:00 p.m. at the
City Council Chambers, the City Council will take action on requests to authorize
submittal of the substantial amendment to the U.S. Department of Housing and Urban
Development (HUD). The proposed amendments will reprogram Community
Development Block Grant funds currently available to the City.
The draft substantial amendment will be available for public review from September 10,
2013 to October 9, 2013 at the following locations Monday Through Friday during
normal business hours: Housing Department, 20 Civic Center Plaza, 3rd Floor;
Community Development Agency, 20 Civic Center Plaza, Wl' Floor; Office of the Clerk of
the Council, 20 Civic Center Plaza, Room 809; and the Main Public Library, 26 Civic
Center Plaza, Santa Ana, California. The draft will also be available on the City s
website at: http:// www .santa- ana.org /eda /default.asp. Written comments on them must
be submitted to the Community Development Agency on or before October 9, 2013.
Publish: September 9, 2013
29A -11
SUBSTANTIAL AMENDMENT TO THE 1
2013/14 ACTION PLAN 2010/11- 2014/15 CITY OF SANTA ANA CONSOLIDATED PLAN
SUMMARY OF PUBLIC COMMENTS
SUMMARY OF PUBLIC COMMENTS RECEIVED DURING 30 -DAY COMMENT PERIOD AND STAFF RESPONSE
No Comments
10/1/2013 REDEVELOPMENT & HOUSING COMN
No Comments
SUBSTANTIAL AMENDMENT TO THE
2013 -2014 ANNUAL ACTION PLAN
29A -12
10/23/2013
2010/11- 2014 -15 CITY OF SANTA ANA CONSOLIDATED PLAN ( SUBSTANTIAL AMENDMENT TO THE
2013/14 ACTION PLAN
10/23/2013
29A -13
SUBSTANTIAL AMENDMENT TO THE
2013 -2014 ANNUAL ACTION PLAN
Revised 10/1/13
Grantee Name: Santa Ana. CA
05/08/12 Exhibit 3
Exhibit 1
29A -14
Revised 10/1/13
lira n7-co NI.I.. C--« . w.._ 'A
05/08/12 Exhibit 3
Exh gx-1
Revised 10/1/13
GrantPa NAma• Cant. A.. rn
Revised 10/1/13
Grantee Name- Santa ana re
05/08/12
Exhibit 7
Exhibit 1
29 -17
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a� «�� ANA
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Rev ®eeJ
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
MODIFY CONDITIONAL USE PERMIT NO.
2001 -28 FOR THE SANTA ANA LOFTS, MAIN
STREET STUDIOS, AND THE EAST VILLAGE
LOFTS LOCATED IN DOWNTOWN SANTA
ANA — BILL McREYNOLDS, APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
101 -1i71
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 o Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving modifications to Conditional Use Permit No. 2001 -28
as conditioned.
PLANNING COMMISSION ACTION
On October 14, 2013, the Planning Commission adopted a resolution approving modifications to
Conditional Use Permit No. 2001 -28 as conditioned by a vote of 7:0 to modify Condition of
Approval No. 3 which prohibits the rental of live -work units at the Santa Ana Lofts, Main Street
Studios, and East Village Lofts in Downtown Santa Ana located in the Transit Zone Downtown
(SD84) zoning district. The Planning Commission made no changes to the recommended
conditions of approval outlined in the attached staff report (Exhibit A).
DISCUSSION
This action removes the requirement that the live -work units that comprise the Santa Ana Lofts,
Main Street Studios and East Village Workshops be owner- occupied, which allows for owners of
condominiums to rent them if they wish. All of the units will still be subject to the maintenance
requirements contained in the conditions, covenants and restrictions of the homeowners
association.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Jay . Trevino
Executive Director
Planning & Building Agency
AP: rb ap\M' \ReportMStaff Reports for :MCUP01 -28 -MOD -1 Live Work Loffs.cc
Exhibit: A. Planning Commission Staff Report
31A-1
31A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
OCTOBER 14, 2013
TITLE:
PUBLIC HEARING — FILED BY BILL McREYNOLDS
TO MODIFY CONDITIONAL USE PERMIT NO. 2001 -28
FOR THE SANTA ANA LOFTS, MAIN STREET
STUDIOS, AND THE EAST VILLAGE LOFTS
LOCATED IN DOWNTOWN SANTA ANA
Prepared by Ali Pezesh
Executive birector
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
•
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
Planning Manager
RECOMMENDED ACTION
Adopt a resolution approving modifications to Conditional Use Permit No. 2001 -28 as conditioned.
Request of Applicant
Bill McReynolds, on behalf of the Santa Ana Lofts Maintenance Corporation and the Artist Walk
Corporation, is requesting to modify Conditional Use Permit (CUP) No. 2001 -28 to remove Condition
No. 3, which prohibits the rental of live -work units at the Santa Ana Lofts (201 -291 North Sycamore
Street, 151 -191 West Second Street, and 150 -190 West Third Street), the Main Street Studios (201-
238 North Main Street), and the East Village Lofts (200 -232 and 201 -253 North Bush Street, 200-
214 North Spurgeon Street, and 200 -208 East Third Street) live /work lofts residential communities.
Proiect Location and Site Description
The subject site consists of multiple parcels spanning three city blocks: Sycamore Street from Second
to Third Streets, known as the Santa Ana Lofts; the area between Main, Second, Third, and Bush
Streets, known as the Main Street Studios; and the area between Bush, Second, Third, and Spurgeon
Streets, known as the East Village Lofts. The project site totals approximately 3.12 acres (Exhibit 1).
The surrounding land uses include a public garage, a restaurant, a variety of office and commercial
uses, and surface parking lots to the north; the East Village Workshops, a gallery, commercial uses,
and vacant lots to the south; assorted commercial uses and nightclub to the east; and a collection of
restaurants, artist galleries, and studios to the west (Exhibit 2).
Proiect Description
Conditional Use Permit No. 2001 -28 was originally approved for all three project sites by the City
Council on November 19, 2001 under the general address of 201 North Main Street. The conditional
use permit contains nine conditions: eight from the Planning Division and one from the Police
EXHIBIT A
31A-3
Amend CUP No. 2001 -28
October 14, 2013
Page 2
Department. Among these is Condition No. 3, which requires that each unit remain owner occupied
and not be made available for rent. The requested action consists of modifying the existing CUP to
remove this condition in its entirety. The applicant does not propose removal of any other conditions,
such as those limiting occupants to four per unit or the number of rooms that may be used for sleeping
purposes.
Proiect Backaround
The Artist Village live /work lofts project site was constructed in three phases between 2002 and 2011.
The original conditional use permit, CUP No. 2001 -28, covered all three phases. The project consisted
of several Planning Division applications, including a variance (No. 2001 -09), tentative tract map (No.
16217), and the CUP that is the subject of this application. Other application items associated with the
project include an alley abandonment, a disposition and development agreement, a parking
agreement, an environmental mitigation agreement, and an affordable housing agreement.
The overall development consists of 86 residential units as well as various surface parking lots that
were constructed in several phases. The developments feature two -story townhomes occupying the
first and second levels, and single -floor "flat" units on the third level. Square footages for the units
range from 1,500 to 2,800 square feet. The units were designed and constructed to provided front
entrances facing the street where possible and along landscaped areas for non - street frontages
(Exhibit 3).
Condition of approval No. 4 requires that covenants, conditions, and restrictions (CC &Rs) be provided
and approved for the project prior to the issuance of any permits. This condition also specified the
minimum contents of the CC &Rs required by the City, such as use restrictions, project maintenance,
prohibitions against hazardous materials or activities, and terms and content. In December 2010, the
applicant revised the CC &Rs to reflect the removal of the rental restriction (Condition No. 3) from the
project site and that reflect the establishment of the new Santa Ana Lofts Maintenance Corporation
homeowner association (Exhibit 4). The applicant is now applying to modify the existing CUP to
ensure that the contents of the CC &Rs and the conditions of approval remain consistent.
General Plan and Zoning Consistency
The General Plan land use designation for the site is District Center (DC). District Centers are
designed to serve as anchors to the City's commercial corridors, and to accommodate major
development activity. The project site is consistent with this General Plan land use designation.
The parcel is located within the Transit Zone Downtown (SD -84) zoning district and has a use suffix
of Downtown Zone (DT). The Downtown Zone suffix allows for live /work projects, making the
current use consistent with the zoning code.
31A-4
Amend CUP No. 2001 -28
October 14, 2013
Page 3
Protect Analysis
Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Modification to an
approved conditional use permit may be granted when it can be shown that the following can be
established:
• That the proposed use will provide a service or facility which will contribute to the general well
being of the neighborhood or community.
• That the proposed use will not, under the circumstances of the particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity.
• That the proposed use adversely will not affect the present economic stability or future economic
development of properties surrounding the area.
• That the proposed use will comply with the regulations and conditions specified in Chapter 41 for
such use.
• That the proposed use will not adversely affect the General Plan of the city or any specific plan
applicable to the area of the proposed use.
If these findings can be made, then it is appropriate to modify the conditional use permit. Conversely,
the inability to make these findings would result in a denial. Using this information staff has prepared
the following analysis, which, in turn forms the basis for the recommendation contained in this report.
The original conditions of approval for the project were intended to ensure that the property would be
well- maintained after the project's completion. Condition No. 3 was added during a time in which the
City began considering new applications for multi - family residential projects. Until that time, starting in
the early 1990s, the City had ceased processing applications for multi - family projects due to concerns
stemming from architecture, density, and amenities, and the long -term viability of these projects. In the
early 2000s, the City began considering new applications for multi - family housing projects and
implemented development standards and conditions of approval that would address these concerns.
Condition No. 3 and other similar conditions, such as those limiting the number of occupants in each
unit, were intended to ensure that new residential developments remained well- maintained. Further,
this condition was added to other new multi - family projects approved by the City, such as those at
MacArthur Place and City Place. Since that time, staffs experience illustrates that rental restrictions
and other similar conditions have not been critical to maintaining the long -term quality of multi - family
projects. Further, the City Council has removed the rental restriction on more recent projects, such as
the Skyline Towers and The Marke. The development standards in place at the time of construction,
as well as the other conditions of approval, will continue to address the original concerns with quality
and maintenance surrounding the project.
31A-5
Amend CUP No. 2001 -28
October 14, 2013
Page 4
In analyzing the applicant's request, staff believes that the following findings of fact warrant approval
of the conditional use permit modification:
• The proposed modifications to remove the rental restriction from the conditions of approval will
provide a service or facility which will contribute to the general well -being of the neighborhood or
community. Allowing existing live /work units to be both renter or owner -occupied enhances the
overall viability of the project site by helping to decrease the number of potential vacancies. The
reduction of vacancies will allow the project site to continue to attract live /work residents whose
services will benefit the community.
• The modifications to the conditional use permit will not be detrimental to persons residing or
working in the area because the use, as conditioned, will not create negative or adverse impacts.
Live /work units occupied by owners or renters will continue to provide services to the community.
The types of businesses that may occupy the live /work units are specified in the existing conditions
of approval and no modifications are proposed to the types at this time. Moreover, conditions are
imposed to mitigate potential impacts to those in the vicinity.
• The proposed use will not adversely affect the economic stability of the area, but will instead allow
the residential community to attract tenants whose products or services will contribute to the
economic vitality of both Downtown Santa Ana and the city as a whole.
• As conditioned, the proposed project will be in compliance with all applicable regulations and
conditions imposed on live /work units in the Transit Zone Downtown (SD -84) zoning district.
Pursuant to previous conditions, the residential community has continued to retain its live /work
status and original configurations as originally approved and constructed, and no modifications to
the actual units, number of rooms available for sleeping purposes, and maximum occupancy are
proposed at this time.
• The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use
Element encourages land uses that accommodate the City's needs for goods and services.
Removing a restriction on renting of live /work units will allow the project site to attract future
tenants and reduce vacancies, and the resulting occupancies of the live /work units will contribute
to the range of services available to the residents of Santa Ana, employees, and visitors to
Downtown.
Public Notification
The project site is located within the boundaries of the Downtown and Lacy Neighborhood
Associations. The presidents of these Neighborhood Associations were notified by mail 10 days
prior to this public hearing. In addition, the District representative from the City's Neighborhood
Improvement Division contacted the presidents to ensure that they were notified of the project and
to determine any potential areas of concern: none were identified.
31A-6
Amend CUP No. 2001 -28
October 14, 2013
Page 5
The project site itself was posted with a notice advertising this public hearing, a notice was
published in the Orange County Reporter and mailed notices were sent to all property owners within
500 feet of the project site. At the time of this printing, no correspondence, either written or
electronic, had been received from any members of the public.
CEQA Compliance
This project was reviewed in accordance with the Guidelines for the California Environmental Quality
Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1
exemption applies to a project that involves an existing structure with little or no expansion involved.
Categorical Exemption Environmental Review No. 2013 -76 will be filed for this project.
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve the proposed modification to Conditional Use Permit No. 2001 -28 as conditioned.
Ali Pezeshkpbur
Assistant Planner I
AP:jm
ap \M: \Reports \Staff Reports for PCICUP01 -28 -MOD -1 Live Work Lofts. pc
Vince Fregoso, AICR
Principal Planner
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Location Map
Exhibit 3 — Site Photo
Exhibit 4 — Conditions of Approval for CUP No. 2001 -28
31A-7
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31A-9
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31A -10
BK:11/13/01
RESOLUTION NO. 2001-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVAL OF MITIGATION MONITORING
PROGRAM FOR ENVIRONMENTAL REVIEW NO. 01 -144,
CONDITIONAL USE PERMIT NO. 01 -28, APPROVAL OF
VARIANCE NO. 01 -09, APPROVAL OF TENTATIVE TRACT
MAP NO. 16217, AND APPROVING AND ADOPTING THE
MITIGATED NEGATIVE DECLARATION AND IN ORDER
TO CONSTRUCT 86 LIVE -WORK STUDIOS GENERALLY
BOUNDED BY SYCAMORE, SPURGEON, SECOND AND
THIRD STREETS
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. Conditional Use Permit No. 01 -28 has been filed with the City of Santa
Ana to allow the live -work development within the Artists Village (C3 -A)
zoning district.
1. On October 22, 2001 by a vote of 6:0 (Mondo absent) the Planning
Commission voted to recommend the City Council adopt a
resolution approving Conditional Use Permit No. 01 -28.
2_ Will the proposed use provide a service or facility that will contribute
to the general well being of the neighborhood or community?
The proposed conditional use permit to allow the
construction of 86 live -work studios will provide a piece of
the puzzle currently absent within the Artists Village area.
The unique provision of space that can be utilized for dual
purposes within a single studio provides a component
Integral to the village zoning goals. The injection of living
and working space will provide a lifestyle that has proven
successful throughout downtowns within the United States.
A live -work project will add to the vibrant dynamics of the
downtown, increasing activity within the Artists Village.
3. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
Resolution No. 2001 -086
Page 1 or 7
The approval of the conditional use permit will not be _
detrimental to persons residing or working in the area
because the use, as conditioned, will not create negative or
adverse impacts. The addition of persons within a desolate
portion of the downtown will assist in promoting the
economic viability and enhance the livability for this area of
the downtown.
4. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The live -work studios are a suitable and appropriate use
within the downtown setting. The addition of live -work studio
space should increase the patronage to surrounding
downtown businesses, thereby enhancing the viability of the
businesses.
5. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
i. As conditioned and the approval of Variance No. 01 -09, the
proposed project will be in compliance with all applicable
regulations and conditions imposed on live -work studios,
pursuant to Chapter 41 of the Santa Ana Municipal Code.
6. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
i. The proposed use will not adversely affect the General Plan.
Live -Work studios are permitted within the Central Business -
Artists Village (C3 -A) zoning district and the District Center
(DC) General Plan designation.
B. Variance No. 01 -09 has been filed with the City of Santa Ana to allow a
higher project density for live -work development within the Artists Village
(C3 -A) zoning district.
1. The maximum density allowed for live -work developments within
the C3-A zoning district is 22 dwelling units per acre. The applicant
has requested a variance, which would permit a project density of
28 dwelling units per acre.
2. On October 22, 2001 by a vote of 6:0 (Mondo absent) the Planning
Commission voted to recommend the City Council adopt a
resolution approving Variance No. 01 -09.
Resolution No. 2001 -086
Page 2 of 7
-31A
3. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of the
Municipal Code.
Due to the impact of the public streets bisecting this project,
the density standard negatively impacts the desired
character of the live -work project. To achieve a sense of
community and create the economic base to support the
maintenance of the common areas, the actual unit counts for
the project is critical. The proposed 86 live -work units will
allow for the establishment of a vital and stable community.
The approval to increase the density for the development
project would not jeopardize the intent of the Artists Village
(C3 -A) zoning requirements or the District Center (DC)
general plan land use designation. Located within the
established downtown, the density increase would remain
well below other previously developed projects In the area
and those established within District Centers.
4. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
Approval of the variance allows the applicant to construct 86
live -work studios within the emerging Artists Village of the
downtown. The Olson Company in partnership with the
Community Development Agency desires to develop a
stable, attractive live -work community. The granting of the
variance to the higher density will enable the partners to
provide an appropriately sized project that meets the intent
of the C3A zoning district and to exercise their rights to an
economically viable development project.
5. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
1. Granting a variance will not be detrimental to the public and
surrounding properties by allowing a higher density. The
approval of the density increase from 22 dwelling units per
acre to 28 dwelling units per acre will not be a detriment to
the surrounding properties. The increase to the project's
density would not impact the surrounding infrastructure.
While the density of the project is 28 dwelling units per acre,
a condition of the project limits occupancy to a maximum of
four persons per unit. The occupancy limit is intended to
Resolution No. 2001 -088
Page 3 of 7
help promote the live -work lifestyle and will help limit the
impacts of the project on infrastructure and public services.
6. That the granting of a variance will not adversely affect the General
Plan of the City.
I. The granting of the variance will not adversely affect the
CKys General Plan land use designation of District Center
(DC).
C. Tentative Tract Map No. 16217 is consistent with the goals and objectives
of the General Plan designation to preserve and stabilize residential
neighborhoods.
On October 22, 2001 by a vote of 6:0 (Mondo absent) the Planning
Commission voted to recommend the City Council adopt a
Tentative Tract Map No. 16217.
2. The proposed project, as conditioned, and its design and
Improvements are consistent with the District Center land use
designation of the General Plan and are otherwise consistent with
all other elements of the General Plan and any applicable specific
plans.
I. The proposed subdivision creates four lots with three of the
lots to be used for 86 live -work units and one lot to be used
as a surface parking area consistent with the District Center
designation provisions.
3. The proposed project, as conditioned, conforms to all applicable
requirements of the zoning and subdivision codes, as well as other
applicable City ordinances.
I. The proposed subdivision conforms to the minimum
condominium requirements, as well as meets the letter and
intent of the State of California Subdivision Map Act
provisions.
4. The project site is physically suitable for the type and density of the
proposed project.
I. The project site consists of three city blocks containing many
street frontages, allowing adequate frontage for each parcel.
There are no physical constraints on the site to preclude
development.
Resolution No. 2001 -086
Page 4 of 7
_ 5. The design and improvements of the proposed project will not
cause substantial environmental damage or substantially and
avoidable injure fish or wildlife or their habitat.
I. There are no wetlands or unusual flora or fauna on or
around the project site. No development surrounding this
site Wit be substantially affected by this proposal.
6. The design or improvements of the proposed project will not cause
serious public health problems.
I. The proposed infill development is for live -work studios and
will be in compliance with the Artists Village (C3 -A) zoning
and building requirements.
7. The design of improvements of the proposed project will not conflict
with easements necessary for public access through or use of the
property within the proposed project.
L There are no easements that would affect the use or
development of this site.
D. Mitigated Negative Declaration and Mitigation Monitoring Program for
Environmental Review No. 2001 -144 has been prepared for the Project.
Section The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration and mitigation
monitoring program for Environmental Review No. 01 -144 prepared with respect to this
Project. Pursuant to the California Environmental Quality Act ( "CEQA7) and the State
CEQA Guidelines, the Mitigated Negative Declaration adequately addresses the expected
environmental impacts of this Project and reflects the City Council's independent judgment
and analysis. On the basis of this review, the City Council finds that there Is no evidence
from which it can be fairly argued that the project will have a significant adverse effect on
the environment. The City Council hereby approves and adopts the negative declaration
and mitigation monitoring program and directs that the Notice of Determination be
prepared and filed with the County Clerk of the County of Orange in the manner required
by law.
Pursuant to Title XIV, California Code of Regulations ( "CCR ") §
735.5(c)(1), the City Council has determined that, after considering the record as a
whole, there is no evidence that the proposed project will have the potential for any
adverse effect on wildlife resources or the ecological habitat upon which wildlife
resources depend. The proposed project exists in an urban environment characterized
by paved concrete, roadways, surrounding buildings and human activity. Therefore,
pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(ax3), the
payment of Fish and Game Department filing fees is not required in conjunction with this
project.
Resolution No. 2001 -066
Page 5 of 7
Section 3. The City Council of the City of Santa Ana hereby finds, determines _
and declares as follows:
A. The City Council approves and adopts the Mitigated Negative Declaration
and Mitigation Monitoring Program for Environmental Review No. 01 -144.
B. The Ctty Council approves Conditional Use Permit No. 01 -28 as
conditioned in Exhibit "A" attached hereto and incorporated herein by this
reference as though fully set forth.
C. The City Council approves variance No. 10 -09 as conditioned in Exhibit
"B" attached hereto and incorporated herein by this reference as though
fully set forth.
D. The City Council approves Tentative Tract Map No. 01 -09 as conditioned
on Exhibit "C" attached hereto and incorporated herein by this reference
as though fully set forth.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this JDL day of November, 2001.
Miguel A. Pull
Mayor
APPROVED AS TO FORM:
Jgseplf�. �tcher, City Attorney
Assistant City Attorney
Resolution No. 2001 -086
Page 6 of 7
AYES: Councilmembers:
NOES: Councilmembers
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
Alvarez. Puliido (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2001-086 to be the original resolution adopted by the City
Council of the City of Santa Ana on November 19.2001.
Date: /?=,,-/OL3/4? r
City of Santa Ana
Resolution No. 2001 -086
Page 7 of 7
• IM, c e 4
• s • W. L s
Conditional Use Permit No. 01 -28 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 fully with each and every condition listed below prior to exercising the
rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the life of the
conditional use permit. Failure to comply with each and every condition may result in the revocation
of the conditional use permit
Llm§Eurr,TIT7,.711 •�
Comply with all conditions and requirements from the Development Review Committee
(DRC) for the development project (DP 01 -29).
2. No more than four residents per unit.
3. The units shall remain owner occupied and shall not allow rental of the entire unit.
4. Covenants, Conditions, and Restrictions (CC &R's) must be provided and approved for
the project prior to the issuance of any permit. Such CC &R's must contain at a
minimum, the following:
A) Use Restriction
The project must remain as a live -work community. The work component is to
be defined as the following allowable uses as outlined in the Central Business -
Artists Village (C3 -A) zoning district:
Commercially operated professional studios.
Fine art studios and/or galleries.
iii. Fiber arts studios and /or galleries.
iv. Printing, lithography, and calligraphy facilities.
V. Photography studios.
Exhibit A
31A�
vi. Ceramic and pottery studios.
vii. Glass blowing and sculpturing studios.
viii. Home office with no employees and no storefront.
ix. Any use listed above, with a maximum of two non - resident employees.
X. Outdoor uses, weekend or after -hour activities, entertainment uses, and
any other similar use which may be deemed appropriate and in keeping
with the live -work community by the Deputy City Manager of
Development Services.
xi. Special approved uses include:
a. Retail.
b. Food and /or beverage sales.
C. Professional, administrative and business uses.
d. Restaurants.
e. Commercially operated professional studios.
f. Fine arts studios and /or galleries.
g. Fiber arts studios and /or galleries.
h. Printing, lithography and calligraphy facilities.
L Photography studios.
j. Ceramic and pottery studios.
k. Glass blowing and sculpturing studios.
Approval and a determination of application of commercial building code
requirements for the special approved use shall be made by the Deputy
City Manager for Development Services after consultation with the
Building Official and Planning Manager.
xii. Uses not permitted include: Schools, banquet facilities and theaters.
B) Project Maintenance
Standards shall be established for the exterior maintenance of each unit
within the community.
ii. Graffiti removal will be required within specified time frames.
iii. Assignment of repair of perimeter walls will be specified in the CC &R's in
the event of damage.
Exhibit A
C) Prohibited hazardous activities include those found in Section 8- 2700(5) of the_
Municipal Code: "no hazardous activity such as, but not limited to, welding, opei
flame or storage of flammable liquids shall occur in a live -work space without speck
written approval from the Fire Department and Building Official ".
D) Disclosure and release: CC &R's shall provide notice to prospective owners of the
urban character of the City's Downtown area, Including but not limited to the
permitted uses of the buildings sharing each block with the development (i.e., the
Builder's Exchange Building, Old City Hall and Festival Hall), and shall provide a
release of all claims against developer, City, Community Redevelopment Agency,
DGWB Advertising and Festival Hail which may arise from or relate to the disclosed
matters.
E) Terms and Content:
CC &R's are to be in effect in perpetuity.
ii. Any proposed modifications to the CC&R's will require approval by the
City of Santa Ana.
5. No more than two areas of the unit shall be constructed or utilized for sleeping
purposes, except as described in Condition No. 6.
6. For the third floor units, any ground level space provided cannot be used for sleepinc
purposes.
All garages shall be maintained as designed for parking purposes.
A tentative tract map shall be approved prior to the applicant exercising the rights
conferred by this conditional use permit.
9. Prior to pulling building permits for the block on Bush Street bounded by Second, Third
and Spurgeon, the fee in the amount designated by the Deputy City Manager for
Development Services as being the reasonably estimated cost for the off site mitigation
measures (i.e., the six mitigation measures on page 38 and the fourth bulleted mitigation
measure on page 40 of Mitigated Negative Declaration No. 01 -144) shall be paid in full to
the City of Santa Ana. The City of Santa Ana will use this fee to complete the off site
mitigation measures required by Mitigated Negative Declaration.
10, Applicant shall comply with all mitigation measures contained within the Mitigated
Negative Declaration for the Santa Ana Live Work Lofts, No. 01 -144.
Prior to site plan approval, indicate compliance with Santa Ana Municipal Code lighting_
requirements for walkways and drive aisles,
Exhibit A
31 A 2Q____.._.
_; ..
•. .. .
Variance No. 01 -09 is approved subject to compliance, to the reasonable satisfaction of the
Planning Manager, with all applicable sections of the California Subdivision Map Act, 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 fully with each and every condition listed below prior to exercising the
rights conferred by this tentative tract map.
The applicant must remain in compliance with all conditions listed below throughout the life of the
variance. Failure to comply with each and every condition may result in the revocation of the
variance.
ITI i• ' •r
Comply with conditions 1, 2, 3, 5, 6, 7, and 8 from Conditional Use Permit No. 01 -28.
Exhibit B
Tentative Tract Map Ng, 16217
Tentative Tract Map No. 16217 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with all applicable sections of the California Subdivision Map Act, 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 fully with each and every condition listed below prior to exercising the
rights conferred by this tentative tract map.
The applicant must remain in compliance with all conditions listed below throughout the life of the
tentative tract map. Failure to comply with each and every condition may result in the revocation of
the tentative tract map.
�Cd'I�I[7>7t7i1
1. Comply with all conditions and requirements from the development Review Committee
(DRC) for the development project (DP 01 -29).
2. Each garage space shall be shown as separate numbered parcels.
Exhibit C
ROH - 10/14/13
RESOLUTION NO. 2013 -20
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA MODIFYING CONDITIONAL
USE PERMIT NO.2001 -28 AS CONDITIONED TO
REMOVE THE PROHIBITION AGAINST LIVE -WORK
UNITS FOR THE SANTA ANA LOFTS, MAIN STREET
STUDIOS, AND THE EAST VILLAGE LOFTS
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 modification to Conditional Use Permit
No. 2001 -28 to remove Condition No. 3, which requires that each unit
remain owner occupied and not be made available for rent at the Santa
Ana Lofts (201 -291 North Sycamore Street, 151 -191 West Second Street,
and 150 -190 West Third Street), the Main Street Studios (201 -238 North
Main Street), and the East Village Lofts (200 -232 and 201 -253 North Bush
Street, 200 -214 North Spurgeon Street, and 200 -208 East Third Street)
live /work lofts residential communities.
B. Conditional Use Permit No. 2001 -28 was originally approved for all three
project sites as conditioned on November 19, 2001.
C. The applicant is requesting the following modifications to Conditional Use
Permit No. 2001 -28 as conditioned pertinent to the Santa Ana Lofts, the
Main Street Studios, and the East Village Lofts:
1. Removal of Condition No. 3, which requires each unit to remain
owner occupied and not be made available for rent.
D. Santa Ana Municipal Code Section 41 -196 and 41 -638 authorizes the
Planning Commission to modify a conditional use permit upon making
certain findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed modifications to remove the rental restriction
from the conditions of approval will provide a service or
facility which will contribute to the general well -being of the
neighborhood or community. Allowing existing live /work
units to be both renter- or owner- occupied enhances the
Resolution No. 2013 -20
Page 1 of 7
31A-23
overall viability of the project site by helping to decrease the
number of potential vacancies. The reduction of vacancies
will allow the project site to continue to attract live /work
residents whose services will benefit the community.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The modifications to the conditional use permit will not be
detrimental to persons residing or working in the area
because the use, as conditioned, will not create negative or
adverse impacts. Live /work units occupied by owners or
renters will continue to provide services to the community.
The types of businesses that may occupy the live /work units
are specified in the existing conditions of approval and no
modifications are proposed to the types at this time.
Moreover, conditions are imposed to mitigate potential
impacts to those in the vicinity.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the residential
community to attract tenants whose products or services will
contribute to the economic vitality of both Downtown Santa
Ana and the city as a whole.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on
live /work units in the Transit Zone Downtown (SD -84) zoning
district. Pursuant to previous conditions, the residential
community has continued to retain its live /work status and
original configurations as originally approved and
constructed, and no modifications to the actual units, number
of rooms available for sleeping purposes, and maximum
occupancy are proposed at this time.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's needs for goods and services.
Removing a restriction on renting of live /work units will allow
the project site to attract future tenants and reduce
Resolution No. 2013 -20
Page 2 of 7
31A-24
vacancies, and the resulting occupancies of the live /work
units will contribute to the range of services available to the
residents of Santa Ana, employees, and visitors to
Downtown.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15301. This Class 1 exemption applies to
a project that involves an existing structure with little or no expansion
involved. Categorical Exemption Environmental Review No. 2013 -76 will be
filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves the modification to Conditional Use Permit No.
2001 -28 as conditioned in Exhibit A attached hereto and incorporated as though fully
set forth herein. This decision is based upon the evidence submitted at the abovesaid
hearing, which includes but is not limited to: the Request for Planning Commission
Action dated October 14, 2013 and exhibits attached thereto; and the public testimony,
all of which are incorporated herein by this reference.
ADOPTED this 14th day of October 2013 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
Eric Alderete
Chairman
31A-25
Resolution No. 2013 -20
Page 3 of 7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2013 -20 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on October 14, 2013.
Date:
Secretary of the Planning Commission
City of Santa Ana
31A-26
Resolution No. 2013 -20
Page 4 of 7
Modified Conditions of Approval for Conditional Use Permit No. 2001 -28
Conditional Use Permit No. 2001 -28 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 California Building Standards
Code and all other applicable regulations.
The applicant must comply fully with each and every condition listed below np .or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Planning Division
1. Comply with all conditions and requirements from the Development
Review Committee (DRC) for the development project (DP 01 -29).
2. No more than four residents per unit.
�Atorp -,n:,t: (Removed by the Planning Commission on October 14,
2013.)
4. Covenants, Conditions, and Restrictions (CC &R's) must be provided and
approved for the project prior to the issuance of any permit. Such CC &R's
must contain at a minimum, the following:
A) Use Restriction
The project must remain as a live -work community. The work
component is to be defined as the following allowable uses as
outlined in the Central Business - Artists Village (C3 -A) zoning
district:
i. Commercially operated professional studios.
ii. Fine art studios and/or galleries.
iii. Fiber arts studios and/or galleries.
iv. Printing, lithography, and calligraphy facilities.
V. Photography studios.
Resolution No. 2013 -20
Page 5 of 7
31A-27
vi. Ceramic and pottery studios.
vii. Glass blowing and sculpturing studios.
viii. Home office with no employees and no storefront.
ix. Any use listed above, with a maximum of two non - resident
employees.
X. Uses not permitted include: Schools, banquet facilities and
theaters.
A. Outdoor uses, weekend or after -hour activities,
entertainment uses, any other use may be deemed
appropriate and in keeping with the live -work community by
the Deputy City Manager of Development Services.
xii. Special approved uses include:
a. Retail.
b. Food and /or beverage sales.
C. Professional, administrative and business uses.
d. Restaurants.
e. Commercially operated professional studios.
f. Fine arts studios and /or galleries.
g. Fiber arts studios and /or galleries.
h. Printing, lithography and calligraphy facilities.
L Photography studios.
j. Ceramic and pottery studios.
k. Glass blowing and sculpturing studios.
Special approvals and determination of application of
commercial building code requirements for the special
approved uses shall be made by the Deputy City Manager
for Development Services after consultation with the Building
Official and Planning Manager.
B) Project Maintenance
Standards shall be established for the exterior maintenance
of each unit within the community.
ii. Graffiti removal will be required within specified time frames.
iii. Assignment of repair of perimeter walls will be specified in
Resolution No, 2013 -20
Page 6 of 7
31A-28
the CC &R's in the event of damage.
C) Prohibited hazardous activities include those found in Section 8-
2700(5) of the Municipal Code: "no hazardous activity such as, but
not limited to, welding, open flame or storage of flammable liquids
shall occur in a live -work space without specific written approval
from the Fire Department and Building Official ".
D) Terms and Content:
CC &R's are to be in effect in perpetuity.
ii. Any proposed modifications to the CC &R's will require
approval by the City of Santa Ana.
5. No more than two areas of the unit shall be constructed or utilized for
sleeping purposes, except as described in Condition No. 6.
6. For the third floor units, any ground level space provided cannot be used
for sleeping purposes.
7. All garages shall be maintained as designed for parking purposes.
8. A tentative tract map shall be approved prior to the applicant exercising
the rights conferred by this conditional use permit.
B. Police Department
1. Prior to site plan approval, indicate compliance with Santa Ana Municipal
Code lighting requirements for walkways and drive aisles.
Resolution No. 2013 -20
Page 7 of 7
31A-29
31A-30
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
CONDITIONAL USE PERMIT NO. 2013 -25 FOR A
TYPE 41 ALCOHOL BEVERAGE CONTROL
LICENSE FOR RITTER'S STEAM KETTLE
COOKING RESTAURANT AT 1421 WEST
MACARTHUR BOULEVARD, UNIT G — MICHAEL
RITTER, APPLICANT
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 161 Reading
❑ Ordinance on 2° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2013 -25 as conditioned.
PLANNING COMMISSION ACTION
On October 14, 2013, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2013 -25 as conditioned by a vote of 7:0 which approved a Type 41 Alcoholic
Beverage Control license in order to sell beer and wine for on- premise consumption at the
Ritter's Steam Kettle Cooking Restaurant located at 1421 West MacArthur Boulevard, Unit G in
the General Commercial {C2} zoning district. The Planning Commission made no changes to
the recommendations and conditions outlined in the attached staff report (Exhibit A).
DISCUSSION
This action allows for Ritter's Steam Kettle restaurant to serve beer and wine at their premises.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Jay Trevino
Executive Director
Planning & Building Agency
MM:rb
reportSTMU P 1 3- 25_1421 WMacArthur.cc
Exhibit: A. Planning Commission Staff Report
31 B -1
31 B -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
OCTOBER 14, 2013
TITLE:
FILED BY MICHAEL RITTER FOR CONDITIONAL
USE PERMIT NO. 2013.25 FOR A TYPE 41 ALCOHOL
BEVERAGE CONTROL LICENSE FOR RITTER'S
STEAM KETTLE COOKING RESTAURANT AT
1421 WEST MACARTHUR BOULEVARD, UNIT G
Prepared by Melanie G. McCann
Executive Director
i 11 11 1 1 i
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
❑
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
Planning Man ger
Adopt a resolution approving Conditional Use Permit No. 2013 -25 as conditioned.
Request of Applicant
Michael Ritter, representing Ritter's Steam Kettle Cooking Restaurant, is requesting approval of a
conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-
premise sale and consumption of beer and wine at an existing restaurant. Establishments that sell
alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana
Municipal Code (SAMC).
Protect Location and Site Description
Ritter's Steam Kettle Cooking (SKS) Restaurant is located within an existing multi- tenant commercial
center on MacArthur Boulevard, just west of Bristol Street. The existing commercial center is
approximately 2.06 acres in size and contains 21,328 square feet of building area, as remodeled and
expanded in 2011. The site parking and drive aisles are also integrated with the adjacent 1,800
square foot drive through restaurant.
The Gateway Plaza project site includes three buildings with 11 tenant spaces, occupied by a variety
of retail, medical office and restaurant uses. The Ritter SKS Restaurant beer and wine license is
proposed at 1421 West MacArthur Boulevard, Unit G and includes a 2,503 square foot tenant space.
A total of 152 on -site parking spaces are provided for the mixture of commercial uses for the center.
The site is surrounded by multiple - family residential to the north and west, and commercial uses to
south and east (Exhibits 1, 2 and 3).
EXHIBIT A
31 B -3
Conditional Use Permit No. 2013 -25
October 14, 2013
Page 2
Project Description
Ritter's Steam Kettle Cooking Restaurant is requesting approval for a new Type 41 ABC license to
allow the on- premise sale of beer and wine at the existing eating establishment. Specializing in Cajun
cuisine, the restaurant offers approximately 46 seats within its 2,448 square foot space. The on-
premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the
primary restaurant use. The proposed hours of operation for the restaurant are seven days per week,
11:00 a.m. to 12:00 a.m. (midnight) Monday through Saturday, and 10:00 a.m. to 11:00 p.m. on
Sundays.
The storage and display of alcoholic beverage will be located in two areas; within the barldining
portion of the restaurant and an employee -only area. The storage area adjacent to the dining area is
approximately nine square feet, and intended primarily for the display of wines. In addition, 25 square
feet of enclosed cooler adjacent to the kitchen will be set aside for the storage of beer. The total
square footage dedicated to alcoholic beverage storage and display will be approximately 46 square
feet, representing less than two percent of the total gross floor area of the market. This percentage of
alcohol storage area is below the Santa Ana Municipal Code's maximum for eating establishments
serving alcoholic beverage; not to exceed five percent of the gross floor area of the restaurant
(Exhibits 4 and 5).
Proiect Backaround
Opening its doors for business in Santa Ana June 2013, Ritter's SKC Restaurant is a full- service, sit -
down eating establishment that specializes in 'live action eating experience' where the chef cooks in
front of customers in a steam kettle. Ritter's SKC occupies an existing tenant space that once
housed another restaurant, Pat A Chou, which opened in July 2011 as part of the commercial center
remodel and expansion.
General Plan and Zoning Consistency
The General Plan land use designation for the site is General Commercial (GC). General
Commercial districts provide accessible commercial development throughout the City and serve the
commercial needs of adjacent residential uses. These districts also provide important neighborhood
facilities and services such as this restaurant. The project site is consistent with this General Plan
land use designation.
The zoning for the site is Arterial Commercial (C -2). The General Commercial zoning district
allows for retail and service uses such as the existing restaurant, making the proposed use
consistent with the zoning code.
31 B -4
Conditional Use Permit No. 2013 -25
October 14, 2013
Page 3
Proiect Analysis
Conditional Use Permit requests are governed by Section 41 -638 of the Santa Ana Municipal Code
(SAMC). Conditional Use Permit requests may be granted when it can be shown that the following
can be established.
That the proposed use will provide a service or facility which will contribute to the general well
being of the neighborhood or community.
That the proposed use will not, under the circumstances of the particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity.
That the proposed use adversely will not affect the present economic stability or future economic
development of properties surrounding the area.
That the proposed use will comply with the regulations and conditions specified in Chapter 41 for
such use.
That the proposed use will not adversely affect the General Plan of the city or any specific plan
applicable to the area of the proposed use.
If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely,
the inability to make these findings would result in a denial. Using this information staff has prepared
the following analysis, which, in turn forms the basis for the recommendation contained in this report.
In analyzing the conditional use permit request, staff believes that the following findings of fact
warrant approval of the conditional use permit.
The proposed alcohol beverage license will provide an ancillary service to the restaurant
customers to purchase beer and wine with their meals. This will thereby provide a benefit to
the surrounding community by providing a restaurant with an additional and complementary
food - related amenity. Additionally, conditions have been placed this alcoholic beverage control
license which will mitigate any potential impacts created by the use and ensure that the use will
not negatively affect the surrounding community.
The proposed license for the on -sale consumption of beer and wine at this location will not be
detrimental to persons residing or working in the vicinity because conditions have been placed on
the alcoholic beverage control license that will mitigate any potential negative or adverse impacts
created by the use. In addition, the use will occur within the premises and is incidental to the
restaurant use.
31 B -5
Conditional Use Permit No. 2013 -25
October 14, 2013
Page 4
• The proposed use will not adversely affect the economic stability of the area, but will instead allow
the restaurant to be competitive with other restaurants that offer alcoholic beverage for sale to their
guests. Moreover, the offering of beer and wine allow Ritter's SKS Restaurant to remain
economically viable and contribute to the overall success of the Gateway Plaza commercial center,
helping to decrease the number of vacant space that may affect the economic well -being of the site.
• As conditioned, the proposed Type 41 ABC license will be in compliance with all applicable
regulations and conditions imposed on a retail business selling alcohol pursuant to Chapter 41 of
the Santa Ana Municipal Code. The business will be maintained as a bona -fide eating
establishment as defined by Section 23038 of the California Business and Professions Code,
having suitable kitchen facilities and supplying a variety of foods commonly ordered at various
hours of the day. Additionally, the restaurant will utilize less than two percent of the gross floor area
for the display and storage of alcoholic beverages, which is below the maximum threshold
established by the SAMC.
• The proposed use will not adversely affect the General Plan. Policy 2.2 of the land Use Element
encourages land uses that accommodate the City's needs for goods and services. A full- service
restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana,
as well as visitors to the surrounding South Coast Metro area. Further, restaurant and ancillary
uses such as off- premise alcohol sales are permitted within the General Commercial (GC) land use
designation. The proposed project is not located in a specific plan area in the City.
Police Department Analysis
The Police Department reviews conditional use permit applications for the sale and service of
alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated
with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the
Police Department analyzes the crime rate in the area using the standards and definitions contained
in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State
Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes' as criminal
homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft,
combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations.
The Police Department then compares the number of such crimes in the reporting district as
compared to the number of crimes in other reporting districts. In keeping with the standard used by
ABC [Business and Professions Code Section 23948.4(a)(1)], should the Police Department
determine that the reporting district has a 20 percent greater number of reported crimes than the
average number found in all reporting districts, the Police Department will consider this information
in making its recommendation, which could result in a recommendation of denial.
1421 West MacArthur Boulevard, Unit G is located in Reporting District No. 130. This reporting
district is 15 percent above the average reporting for all districts, which is below the 20 percent
threshold established by the State for high crime. Conditions of approval are included as required
by the SAMC that are adequate to address any concerns.
RIUM
Conditional Use Permit No. 2013 -25
October 14, 2013
Page 5
Public Notification
While this project site is not located within the boundaries of any Neighborhood Associations, a
courtesy call was provided to the chairperson for the South Coast Neighborhood Association
(neighborhood east of the project site); a notice was also mailed 10 days prior to this public hearing.
The project site itself was posted with a notice advertising this public hearing, a notice was
published in the Orange County Reporter and mailed notices were sent to all property owners and
occupants within 500 feet of the project site. At the time of this printing, no correspondence, either
written or electronic, had been received from any members of the public.
CEQA Compliance
In accordance with the California Environmental Quality Act the recommended action is exempt for
further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with
no expansion of the existing use. Categorical Exemption Environmental Review No. 2013 -57 will be
filed for this project.
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit No. 2013 -25 as conditioned.
Melanie G. McCann, AICP
Associate Planner
MM:jm
reporWMCUP13-25_1 421 W MacArthu[.pc
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Location Map
Exhibit 3 — Site Photo
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
31 B -7
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EXHIBIT 5
ROH — 10/14/13
RESOLUTION NO. 2013 -21
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2013 -25 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE
PROPERTY LOCATED AT 1421 WEST MACARTHUR
BOULEVARD, UNIT G
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. The applicant is requesting approval of Conditional Use Permit No. 2013-
25 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-
premise consumption of beer and wine at the restaurant located at 1421
West MacArthur Boulevard, Unit G.
B. Conditional Use Permit No. 2013 -25 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
October 14, 2013.
C. Santa Ana Municipal Code Section 41 -196 requires a conditional use
permit for the sale of alcoholic beverages for on -site consumption.
D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning
Commission to approve a conditional use permit upon making certain
findings:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed alcohol beverage license will provide an
ancillary service to the restaurant customers to purchase
beer and wine with their meals. This will thereby provide a
benefit to the surrounding community by providing a
restaurant with an additional and complementary food -
related amenity. Additionally, conditions have been placed
on this alcoholic beverage control license which will mitigate
any potential impacts created by the use and ensure that the
use will not negatively affect the surrounding community.
Resolution No. 2013 -21
Page 1 of 7
31 B -13
The restaurant will offer a walkable dining alternative for
nearby residents and businesses, and plans to offer a variety
of freshly prepared food items. By offering beer and wine as
an ancillary component of their restaurant, Ritter's SKS will
provide a convenient and more complete dining experience
for the neighborhood.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety or general welfare of
persons residing or working in the vicinity?
The proposed license for the on -sale consumption of beer
and wine at this location will not be detrimental to the health
or welfare of persons residing or working in the vicinity
because conditions have been placed on the alcoholic
beverage control license that will mitigate any potential
negative or adverse impacts created by the use. In addition,
the use will occur within the premises and is incidental to the
restaurant use.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the restaurant to
be competitive with other restaurants that offer alcoholic
beverage for sale to their guests. Moreover, the offering of
beer and wine allow Ritter's SKS Restaurant to remain
economically viable and contribute to the overall success of
the Gateway Plaza commercial center, helping to decrease
the number of vacant space that may affect the economic
well -being of the site.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed Type 41 ABC license will be in
compliance with all applicable regulations and conditions
imposed on a restaurant business selling alcohol pursuant to
Chapter 41 of the Santa Ana Municipal Code. The business
will be maintained as a bona -fide eating establishment as
defined by Section 23038 of the California Business and
Professions Code, having suitable kitchen facilities and
supplying a variety of foods commonly ordered at various
hours of the day. Additionally, the restaurant will utilize less
than two percent of the gross floor area for the display and
Resolution No. 2013 -21
Page 2 of 7
31B-14
storage of alcoholic beverages, which is below the maximum
threshold established by the SAMC.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's needs for goods and services.
A full- service restaurant with an ancillary alcohol license
provides a dining service to the residents of Santa Ana, as
well as visitors to the surrounding South Coast Metro area.
Further, restaurant and ancillary uses such as off- premise
alcohol sales are permitted within the General Commercial
(GC) land use designation. The proposed project is not
located in a specific plan area in the City.
E. in accordance with the California Environmental Quality Act the
recommended action is exempt for further review per Section 15301. The
Class 1 exemption allows the licensing of existing facilities with no
expansion of the existing use. Categorical Exemption Environmental
Review No. 2013 -57 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana hereby
approves Conditional Use Permit No. 2013 -25 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
the above said hearing, which includes, but is not limited to: the Request for Planning
Commission Action dated October 14, 2013, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 14th day of October 2013 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
Resolution No. 2013 -21
Page 3 of 7
31 B -15
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Ryan O. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2013 -21to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on October 14. 2013.
lop=
Secretary of the Planning Commission
City of Santa Ana
31 B -16
Resolution No. 2013 -21
Page 4 of 7
Conditions for Conditional Use Permit No. 2013 -25
Conditional Use Permit No. 2013 -25 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 California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below np for 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.
The premises shall at all times be maintained as a bona -fide eating establishment
as defined in Section 23038 of the California Business and Professions Code and
shall provide a menu containing an assortment of foods normally offered. The
premises must have suitable kitchen facilities and supply an assortment of foods
commonly ordered at various hours of the day. Full and complete meals must be
served whenever the privileges of the on -sale license are being exercised.
There shall be no fixed bar or lounge area upon the premises maintained for the
sole purpose of sales, service or consumption of alcoholic beverages directly to
patrons. A fixed bar or lounge may be permitted if patrons may order food from
the same menu being offered to the general patrons of the eating establishment.
3. The sales, service, and consumption of alcoholic beverages shall be permitted
only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by
the granting of a conditional use permit for after -hours operations pursuant to
Santa Ana Municipal Code Chapter 41.
4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are
consumed on any property adjacent to the licensed premises under the control of
the applicant, with the exception of any enclosed patio areas.
5. The applicant or an employee of the licensee must be present to monitor all areas
of the establishment, including outdoor patios, during all times that alcoholic
beverages are being served or consumed.
6. All employees serving alcoholic beverages must complete Responsible Beverage
Service Training, or an equivalent approved by the State Department of Alcoholic
Beverage Control, prior to being able to serve alcoholic beverages to patrons.
Evidence of the completion of such training must be maintained on the premises
and available for inspection upon request by the City.
Exhibit A
Page 1 of 3 Resolution No. 2013 -21
Page 5 of 7
31 B -17
7. During those times when patrons are restricted to 21 years of age or older, the
applicant shall at all times utilize an age verification means or device for all
purchases of alcoholic beverages.
8. Queuing lines shall be managed in an orderly manner and all disruptive and /or
intoxicated patrons shall be denied entry. The business owner, or his designee,
shall be responsible for monitoring the queuing lines at all times.
9. The outdoor queuing line shall not block public walkways or obstruct the entry or
exit doors of adjacent businesses. Stanchions or barriers must be used to
maintain order at all times the queue exceeds 25 patrons. If located on public
property those barriers must be approved by the Public Works Agency.
10. Employees and contract security personnel shall not consume any alcoholic
beverages during their work shift, except for product sampling for purposes of
employee education about new products.
11. There shall be no exterior advertising of any kind or type, including window signs
or other signs visible from outside, that promote or indicate the availability of
alcoholic beverages on the premises. Interior displays of alcoholic beverages or
signs, which are clearly visible to the exterior, shall constitute a violation of this
condition. Permissible window displays must be kept to a minimum for maximum
visibility and shall not exceed 25 percent of window coverage. Floor displays shall
not exceed three feet in height.
12. There shall be no promotions encouraging intoxication or drinking contests or
advertisements indicating "buy one drink, get one free ", "two for the price of one ",
or "all you can drink far..." or similar language.
13. Any pool tables, amusement machines or video games maintained on the
premises at any time must be reviewed and approved in a security plan submitted
to the Chief of Police.
14, Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, is subject to compliance with Santa Ana Municipal Code
("SAMC ") Chapter 11 and shall comply with all of the standards contained therein.
Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet
from the exterior of the premises in any direction.
15. Neither the applicant, nor any person or entity operating the premises with the
permission of the applicant, shall violate the City's adult entertainment ordinance
contained in SAMC Section 12 -1 and 12 -2.
16. The premises shall not be operated as an adult entertainment business as such
term is defined in SAMC Section 41- 1701.6.
Exhibit A
Page 2 of 3 Resolution No. 2013 -21
Page 6 of 7
31 B -18
17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
18. There shall be no public telephones located on the exterior of the premises. All
interior pay phones must be designed to allow outgoing calls only.
19. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the licensee(s) shall be removed or painted within 24 hours of being
applied.
20. Existing bona fide eating establishment and required parking 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 lighting, door /window locking devices and addressing be upgraded to
current code standards. Lighting standards cannot be located in required
landscape planters. Prior to issuance of a Letter of Approval to the Alcohol
Beverage Control Board, this condition must be complied with.
21. A timed- access cash controller or drop safe must be installed.
22. Install a silent armed robbery alarm.
23. The owner or manager of the licensed premises shall maintain on the premises a
written security policy and procedures manual, that has been approved by the
police department, addressing at a minimum the following items; handling
obviously intoxicated persons; establishing a reasonable ratio of employees to
patrons, based upon activity level, in order to monitor beverage sales and patron
behavior; handling patrons involved in fighting, arguing or loitering about the
building and in the immediate adjacent area that is owned, leased, rented or used
under agreement by the Licensee(s); verifying age /checking identification of
patrons; warning patrons of reaching their drinking limit/potential intoxication and
refusing to serve; calling the police regarding observed or reported criminal activity
and the management of queuing lines.
24. The operator shall be responsible for submitting a detailed outdoor fencing and
dining plan where outdoor dining is proposed as part of the business operation.
25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of
the gross floor area of the licensed establishment.
Exhibit A
Page 3 of 3 Resolution No. 2013 -21
Page 7 of 7
31 B -19
31 B -20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
RESOLUTION AND AUTHORIZATION TO
CARRY OVER FUNDS TO THE 2015
FEDERAL TRANSPORTATION
IMPROVEMENT PROGRAM
CLERK OF COUNCIL USE ONLY:
.1007
❑ As Recommended
❑ As Amended
❑ Ordinance on 14 Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
j �.� -•,�j FILE NUMBER
CITY MVIIAGER
RECOMMENDED ACTION
Authorize the City Manager to submit selected projects to the Orange County Transportation
Authority for inclusion into the 2015 Federal Transportation Improvement Program.
2. Adopt a resolution certifying that the City has the resources to fund the projects submitted for
inclusion into the 2015 Federal Transportation improvement Program, and confirming the Citys
commitment to implement all projects submitted to the program.
DISCUSSION
The recommended action would authorize the City Manager to request that the Orange County
Transportation Authority (OCTA) carry over federally funded projects from the current Federal
Transportation Improvement Program (FTIP) to the 2015 FTIP. The projects are those using
Bicycle Corridor Improvement (BCI); Federal Demonstration (DEMO); Federal Transit
Administration (FTA); urbanized Area Formula Program (UAF); Highway Bridge Replacement
and Rehabilitation (HBRR); Regional Surface Transportation Program (RSTP); and
Transportation, Community, and System Preservation (TCSP) funding programs.
The FTIP is the primary programming and implementation process for projects identified in the
Regional Transportation Plan, which is administered by the Southern California Association of
Governments. The Orange County Transportation Authority (OCTA) requested that all agencies
countywide carry over all federally funded projects from the existing FTIP to the 2015 FTIP if
project completion occurs after 2013. The FTIP is updated every two years and 2015 will be the
next update. In order to maintain the eligibility of allocated federal funds, the City needs to
provide OCTA with a resolution certifying that the City has the resources to fund its share of the
projects listed below.
55A -1
Resolution and Authorization to Carry Over
Existing Funds to the 2015 FTIP
November 4, 2013
Page 2 of 2
Staff is requesting authorization to carry over the following projects for the FTIP:
CITY PROJECT NO.
CARRY -OVER PROJECTS
FUNDING TYPE
106727
Santa Ana Grade Separation
RSTP
081732
Grand Avenue Widening: 1" Street to 4' Street
RSTP
061723
First Street Widening: Susan Street to Fairview Street
HBRR
092505
Santa Ana - Garden Grove Fixed Guideway
FTA UAF
136792, 116741,
116740
Bristol Street Widening: Warner Avenue to Memory Lane
DEMO & TCSP
n/a
First Street Class II Bikeway
BCI
136797
Maple Street Bike Safety Enhancements
BCI
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Past Capital Improvement Programs identified the existing and future local funding sources to
provide matching funds for the federal funds of the listed projects.
Edwin "William" G ez, P.E.
Interim Executive Director
Public Works Agency
EWG:TH
Exhibit: 1. Resolution
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
55A -2
Lss10/28/13
RESOLUTION NO. 2013 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA CERTIFYING THAT
THE CITY HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED
FOR INCLUSION IN THE 2015 FEDERAL TRANSPORTATION
IMPROVEMENT PROGRAM AND AFFIRMS ITS
COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA
ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City of Santa Ana is located within the metropolitan planning
boundaries of the Southern California Association of Governments.
B. The City desires to include the projects submitted to the Orange
County Transportation Authority's (OCTA) Federal Transportation
Improvement Program.
C. The City warrants that it has committed funding for the City's share
as required and accepts responsibility to fully implement the
submitted projects in a timely manner.
D. The City possesses the legal authority to submit the projects for
inclusion in the FTIP and to finance and construct the projects.
Section 2. The City is the lead agency for the Projects and will comply with
applicable local, state and federal provisions, including Federal Transportation
Improvement Program, California Environmental Quality Act, National
Environmental Policy Act, Americans with Disabilities Act and Buy America.
Section 3. The City Council of the City of Santa Ana hereby affirms the City's
commitment to the projects submitted in the 2015 Federal Transportation
Improvement Program.
EXHIBIT 1
55A -3
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote
adopting this Resolution.
ADOPTED this day of 2013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
0
Laura S. Sheedy
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF PUBLICATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2013 -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
55A -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
PUBLIC HEARING — RESOLUTION AND
ORDINANCE ADOPTING THE UPDATED
CALIFORNIA AND INTERNATIONAL
BUILDING AND FIRE CODES WITH
AMENDMENT AND REQUISITE FINDINGS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s` Reading
❑ Ordinance on 2" Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Adopt a resolution of the City Council setting forth findings for required amendments,
modifications and changes with respect to the local climatic, geographical and
topographical conditions within the City of Santa Ana to the California Building,
Residential, Green Standards, Electrical, Mechanical, Plumbing, and Fire Codes as
amended by the State of California.
2. Adopt an ordinance amending Chapters 8 and 14 of the Santa Ana Municipal Code
adopting the State Building Regulations, including the 2012 International Property
Maintenance Code, the 2009 Uniform Swimming Pool, Spa and Hot Tub Code and the
2009 Uniform Solar Energy Code, and certain modifications and changes with respect to
local climatic, geographical and topographical conditions with the City of Santa Ana to the
California Building, Residential, Green Standards, Electrical, Mechanical, Plumbing, and
Fire Codes as amended by the State of California.
DISCUSSION
The State's Health and Safety Code (Section 17958) mandates that the California Building
Standards Commission adopt and publish the California Building Standard Code (Title 24
California Code of Regulations) every three years. The 2013 Edition of the California Code of
Regulations Title 24, which incorporates the model codes, becomes effective statewide on
January 1, 2414. This Ordinance would amend Santa Ana Municipal Code Sections by repeating
references to the prior editions of the Construction Codes.
The Construction Codes proposed for adoption by reference with amendments include the
following:
2013 California Building Code
2013 California Residential Code
2013 California Green Building Standards Code
75A -1
Resolution and Ordinance Adopting
Updated California and International
Building and Fire Codes
November 4, 2013
Page 2
2013 California Electrical Code
2013 California Mechanical Code
2013 California Plumbing Code
2013 California Fire Code
2013 California Existing Building Code
2012 International Property Maintenance Code
2009 Uniform Swimming Pool, Spa and Hot Tub Code
2009 Uniform Solar Energy Code
The Planning & Building Agency and Orange County Fire Authority are recommending that
certain changes and modifications be made to the 2013 Editions of the California Building,
Residential, Green Standards, Plumbing, Mechanical, Electrical, Fire, and Existing Building
Codes that are reasonably necessary due to local conditions in the City of Santa Ana. Other
modifications are of an administrative or procedural nature and concern themselves with subjects
that are not covered by the Codes or are reasonably necessary to safeguard life and property
within the City of Santa Ana.
There are a total of 103 finding s
Electrical Code, one amendment
Code, 88 amendments to the Fire
1).
FISCAL IMPACT
in the Resolution which address two amendments to the
to the Mechanical Code, five amendments to the Plumbing
Code, and seven amendments to the Building Code (Exhibit
There is no fiscal impact associated with this action.
r'
Jlay4A. Trevino
Executive Director
Planning & Building Agency
MF:rb
mNeportsiBuNding Cade Update RFCA 114 -2013
Scott Brown
Division Chief
Orange County Fire Authority
Exhibit: 1. California Building Standards Code Amendments
75A -2
LIST OF AMENDMENTS TO
CALIFORNIA BUILDING STANDARDS CODE
Arnendment
Number
I Buildinq
Description
Required Permit
Location in Reference
Code
I Sec. 105.1
2 Building
Time limitation of 9pplication
105.3
3 Building
-_Sec.
Certificate of Occupancy Clarified
Sec. I H. 1
4 Building
Boards of Appeals
Sec. 113
5 Building
Aircraft-Related Occupancies
Sec. 202 and 412.7.6
6 Building
High-Rise Construction
Sec. 403
7 Building
Fire Protection Systems
Sec. 903.2
8 Building
Referenced Standards
Chapter 35
9 Residential
Masonry Stem Walls
Sec, R403.1.3
10 Plumbing
Suspended Piping Support
Sec. 313.1
11 Plumbinq
Piping in the Ground
Sec. 314.3
12 Plumbing_
Supply Pipe
Table 610.4
13 Plumbing
_Building
Building Supply Pipe
Sec. 610.8
14 Plumbing
Grade, Support, and Protection of Building
Sewers
Sec. 718.1
15 Mechanical
Corrosion Related
�d to Ducting
-�ec. 602 1
16 Electrical
Aluminum Conductor
Sec.] 10.5
17 Electrical
Allowable Locations of NM Cable
Sec. 334.12
E18 Fire
Fire Amendments
19 Fire
Scope and Administration
Sec. 109.4, 109.4.2, 109.4.3
20 Fire
Definitions
Sec. 202
21 Fire
General Requirements
Sec. 304. 1.2, 305.5, 305.6,
307, 307.6, 309, 320, 321,
322, 323, 323.1, 324, 325,
326
22 Fire
Emergency Planning and Preparedness
Adopt only Sections Listed
here: 401, 401.3.4, 401.9,
402, 403, 404.6 - 404,7.6,
407, 408.3.1- 4083.2,
408.12- 408.12.3
23 Fire
Fire Service Features
Sec. 503.2.1, 503.2.1.1,
505.1, 510.1, 510.2, 510.3,
5 1 0A, 510.5, 510.6
24 Fire
25 Fire
Building Services and Systems
Fire Protection Systems
608.1, 608,10
Sec. 903.2, 903.3.53, 903.4,
905.4, 907.2.13, 9073.1,
907.5.2.2, 907.6.3.2, 907.6.5
707EW
75A-3
Amendment Description
Number
Location in Reference
Code
26 Fire Construction Requirements For Existing
Adopt Sections Listed
A 77
Buildings
here: 1103.7, 1103.7.3,
1103.7.3.1, 1103.7.8-
1 103.7.8.2, 1109.7.9 -
1103.7.9.10, 1103.8 -
1103.&5.3, 1106
Fire
Emergency Helicopter Landing Facility
Sec. 2008.1, 2008.1.1,
2008.1.22008. 1.3, 2008.1.4,
2008.1.5, 2008.1,6,
2008,1,7, 2008.1.8,
2008.1.9, 2008.1.10,
2008.1.11
28 Fire
Lumber Yards and Woodworking Facilities
Sec. 2801.2, 2808.2, 28.8.3,
2808.7, 2808.9, 2808,11,
2808.11.1, 2808.1 1.2
29 Fire
Hazardous Materials- General Provisions
Sec. 5001.5.2, 5003. 1.1 (1
50011.1.1, 5003.5
30 Fire
Cryogenic Fluids
Sec,5503.4.1
31 Fire
Explosives and Fireworks
Sec. 5601.2, 5601.3, 5602,
5608.1, 5608.2
32 Fire
Flammable and Combustible Liquids
Sec.5704.2.3.2
33 Fire
Highly Toxic and Toxic Materials
Sec. 6004.2.2.7
34 Fire
Reference Standards, NFPA 13, 2013 Edition,
Sec. 6.8.3, 8.3.11,
for the Installation of Sprinkler Systems
8.17.1.1.1, 11.1.1.2,
1123.1.11.1, 23.2. 1.1
35 Fire
Reference Standards, NFPA 13R, 2013
Sec. 6,16.1
Edition, for the Installation of Sprinkler
Systems in Residential Occupancies up to
and Including Four Stories in Height
36 Fire
Reference Standards, NFPA 13D, 2013
Sec. 4.1.3, 4.1.3,1, 4,1.5.2,
Edition, for the Installation of Sprinkler
4,13.3, 4.1.3.4, 7.1.2, 7.6
Systems in One-and Two-Family and
manufactured Homes
37 Fire
Reference Standards, NFPA 14, 2013 Edition,
Sec. 7.3.1.1
Installation of Standpipe and Hose Systems
38 Fire
Reference Standards, NFPA 24, 2013
Sec. 6.2.1.1, 6.2.11(5),
Standard for the Installation of Private Fire
6.13, 10.1.6.3,
Service Mains and Their Appurtenances
103.6.2103.63, 10.63.1,
10.&4
75A-4
ROH 11104113
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALIFORNIA, SETTING FORTH FINDINGS WITH
RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF
SANTA ANA WHICH JUSTIFY CERTAIN MODIFICATIONS
AND CHANGES TO THE CALIFORNIA BUILDING CODE,
CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN
BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL
CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA
PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA
EXISTING BUILDING CODE, AND INTERNATIONAL
PROPERTY MAINTENANCE CODE AS AMENDED BY THE
STATE OF CALIFORNIA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council hereby finds, determines, and declares as folksws:
A. Health and Safety Code Section 17958 provides that the City of Santa Ana
shall adopt Ordinances and regulations imposing the same or modified or changed
requirements as are contained in the regulations adopted by the State pursuant to Health
and Safety Code Section 17922.
B. The State of California is mandated by Health and Safety Code Section 17922
to impose the same requirements as are contained in the most recent edition of the California
Building Code, California Existing Building Code, the Califomia Plumbing Code, the California
Mechanical Code, and the California Electrical Code (hereinafter referred to collectively
as "Codes ").
C. Health and Safety Code Section 17958.5(a) permits the City to make
modifications or changes to the Codes, which are reasonably necessary because of local
climatic, geographic or topographic conditions.
D. Health and Safety Code Section 17958.7 requires that the City Council, before
making any modifications or changes to the Codes, shall make an express finding that such
changes or modifications are reasonably necessary because of local climatic, geographic
or topographic conditions.
Section 2: The Planning and Building Agency and the Orange County Fire Authority
have recommended that changes and modifications be made to the Codes and have advised
that certain said changes and modifications to the California Building Code, 2013 Edition,
Resolution No. 2013 -
Page 1 of 10
75A -5
the California Plumbing Code, 2013 Edition, the California Mechanical Code, 2013 Edition,
the California Electrical Code, 2013 Edition, the California Existing Building Code, 2013
Edition, and the California Fire Code, 2013 Edition, are reasonably necessary due to local
conditions in the City of Santa Ana.
Section 3. Amendments to the 2013 Edition of the California Building Code, the
2013 Edition of the California Residential Code, and the 2013 Edition of the California
Fire Code as recommended by the Planning and Building Agency and the Orange
County Fire Authority are hereby found to be reasonably necessary based upon the
following findings:
Climatic Conditions
A. The jurisdiction of Santa Ana is located in a semi -arid Mediterranean type
climate. It annually experiences extended periods of high temperatures
with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach
speeds of 70 M.P.H. or greater, are also common to the area. These
climatic conditions cause extreme drying of vegetation and common
building materials. Frequent periods of drought and low humidity add to
the fire danger. This predisposes the area to large destructive fires
{conflagration }. In addition to directly damaging or destroying buildings,
these fires are also prone to disrupt utility services throughout the County.
Obstacles generated by a strong wind, such as fallen trees, street lights
and utility poles, and the requirement to climb 75 feet vertically up flights
of stairs will greatly impact the response time to reach an incident scene.
Additionally, there is a significant increase in the amount of wind force at
60 feet above the ground. Use of aerial type fire fighting apparatus above
this height would place rescue personnel at increased risk of injury.
B. The climate alternates between extended periods of drought and brief
flooding conditions. Flood conditions may affect the Orange County fire
Authority's ability to respond to a fire or emergency condition. Floods also
disrupt utility services to buildings and facilities within the County.
C. Water demand in this densely populated area far exceeds the quantity
supplied by natural precipitation; and although the population continues to
grow, the already -taxed water supply does not. California is projected to
increase in population by nearly 10 million over the next quarter of a
century with 50 percent of that growth centered in Southern California.
Due to storage capacities and consumption, and a limited amount of
rainfall future water allocation is not fully dependable. This necessitates
the need for additional and on -site fire protection features. It would also
leave tall buildings vulnerable to uncontrolled fires due to a lack of
available water and an inability to pump sufficient quantities of available
water to floors in a fire.
Resolution No. 2013 -
Page 2 of 10
75A -6
D. These dry climatic conditions and winds contribute to the rapid spread of
even small fires originating in high - density housing or vegetation. These
fires spread very quickly and create a need for increased levels of fire
protection. The added protection of fire sprinkler systems and other fire
protection features will supplement normal fire department response by
providing immediate protection for the building occupants and by
containing and controlling the fire spread to the area of origin. Fire
sprinkler systems will also reduce the use of water for firefighting by as
much as 50 to 75 percent.
_. * -• • s s
A. Natural; slopes of 15 percent or greater generally occur throughout the
foothills of Orange County. The elevation change cause by the hills
creates the geological foundation on which communities with Orange
County is built and will continue to build. With much of the populated
flatlands already built upon, future growth will occur steeper slopes and
greater constraints in terrain.
B. Traffic and circulation congestion is an artificially created, obstructive
topographical condition, which is common throughout Orange County.
C. These topographical conditions combine to create a situation, which
places fire department response time to fire occurrences at risk, and
makes it necessary to provide automatic on -site fire - extinguishing systems
and other protection measures to protect occupants and property.
III. Geological Conditions
The Orange County region is a densely populated area that has buildings
constructed over and near a vast and complex network of faults that are
believed to be capable of producing future earthquakes similar or greater in
size that the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake
faults run along the northeast and southwest boundaries of Orange County.
The Newport- Inglewood Fault, located within Orange County was the source
of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took
120 lives and damaged buildings in an area from Laguna Beach to Marina
Del Rey to Whittier. In December 1989, another earthquake occurred in the
jurisdiction of Irvine at an unknown fault line. Regional planning for
reoccurrence of earthquakes is recommended by the state of California,
Department of Conservation.
A. Previous earthquakes have been accompanied by disruption of traffic flow
and fires. A severe seismic event has the potential to negatively impact
any rescue or fire suppression activities because it is likely to create
obstacles similar to those indicated under the high wind section above.
Resolution No. 2013 -
Page 3 of 10
75A -7
With the probability of strong aftershocks there exists a need to provide
increased protection for anyone on upper floors of buildings. The October
17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina
District (San Francisco). When combined with the 34 other fires locally
and over 500 responses, the department was taxed to its fullest
capabilities. The Marina fire was difficult to contain because mains
supplying water to the district burst during the earthquake. This situation
creates the need for both additional fire protection and automatic on -site
fire protection for building occupants. State Department of Conservation
noted in their 1988 report (Planning Scenario on a Major Earthquake on
the Newport- Inglewood Fault Zone, page 59), "unfortunately, barely
meeting the minimum earthquake standards of building codes places a
building on the verge of being legally unsafe."
B. Road circulation features located throughout the County also make
amendments reasonably necessary. Located through the County are
major roadways, highways and flood control channels that create barriers
and slow response times. Hills, slopes, street and storm drain design
accompanies with occasional heavy rainfall, causes roadway flooding and
landslides and at times may make an emergency access route
impassable. There are areas in Orange County that naturally have
extended emergency response times that exceed the 5 minute goal.
C. Soils throughout the County possess corrosive properties that reduce the
expected usable life of water services when metallic pipes in contact with
soils are utilized.
D. Portions so of the County contain active or former oil production fields.
These areas contain a variety of naturally occurring gasses, liquids and
vapors. These compounds present toxicity or flammability hazards to
building occupants. Evaluation of these hazards and the risks they pose
to development is necessary implement appropriate mitigation.
Due to the topographical conditions of sprawling development separated by
waterways and narrow and congested streets and the expected infrastructure
damage inherent in seismic zone described above, it is prudent to rely on
automatic fire sprinkler systems to mitigate extended fire department response
time and keep fires manageable with reduced fire flow (water) requirements for a
given structures. Additional fire protection is also justified to match the current
resources of firefighting equipment and personnel within the Orange County Fire
Authority.
Section 4. The following specific amendments to the sections of the 2013 Edition
of the California Building Code as recommended by the Planning and Building Agency
and the Orange County Fire Authority are reasonably necessary based upon the
corresponding findings in Section 3 of this resolution as listed below:
Resolution No. 2013 -
Page 4 of 10
75A -8
BUILDING
CODE SECTION
TITLE (Clarification)
FINDINGS 1,11,111
202
. . . . . . . . . . . . . . . . . . . . . . .
General definitions (High -rise, EHLF)
Admin
403.1
High -rise buildings Applicability
11 & III -A
412.7.6 thru
412.7.6.13
Emergency Helicopter Landing Facility
II & 111 -A
710A.3.2
Detached accessory structures
I & II
710A.4
Accessory structure material
(& II
903.2
Where required (Sprinklers)
11 & 111 -B
903.2.8
Group R (Sprinklers)
II -B & III -B
903.3.5.3
Hydraulically calculated systems
I & II
903.4
Sprinkler system supervision and alarms
(of valves)
111 -A
905.4
Location of Class I standpipe hose
connections
111 -A
907.2.13
High -rise buildings (Alarm Systems)
Admin
907.31
Duct smoke detectors
_
III -A
907.5.2.2
Emergency voice /alarm communication
system
_
11 &111 -A
Chapter 35
Reference Standards
2010 NFPA 13 (Sprinkler Systems)
Admin, II & III
2010 NFPA 13 -R (Multi - Family
Sprinkler Systems)
II & III
2010 NFPA 13 -D (Single Family
Sprinkler Systems)
2007 NFPA 14 (Standpipe Systems)
11& III
II & III
2010 NFPA 24 (Underground Water
Supply Systems)
11 & tll
Section 5. The following specific amendments to the sections of the 2013 Edition
of the California Residential Code as recommended by the Planning and Building
Agency and the Orange County Fire Authority are reasonably necessary based upon
the corresponding findings in Section 3 of this resolution as listed below:
RESIDENTIAL TITLE (Clarification)
FINDINGS 1,11,111
CODE SECTION
R202 Hazardous Fire Area
Admin
R301.9 Development on or near land containing
III
or emitting toxic, combustible or
flammable liquids, gases or vapors
Resolution No. 2013 -
Page 5 of 10
75A -9
R301.10
Fuel modification requirements for new
construction
I & 11
R309.6
Fire sprinkler attached garages, carports
with habitable space above
III
R313.1
Townhouse automatic fire sprinkler
systems
III
R313.2
One- and two - family dwellings automatic
fire sprinkler system
111
R313.3.6.2.2
Calculation procedures
III
R319
Site Address
II
R327.1.6
Fuel modification requirements for new
construction
I & 11
R1001.13
Spark arrestors
! & II
Chapter 35
Reference Standards
I & 11
305.6.1
2010 NFPA 13 (Sprinkler Systems)
Admin, II &111
305.6.1.1
2010 NFPA 13 -R (Multi - Family
Sprinkler Systems)
II & III
2010 NFPA 13 -D (Single Family
Sprinkler Systems)
II & III
Section 6. The following specific amendments to the sections of the 2013 Edition
of the California Fire Code as recommended by the Planning and Building Agency and
the Orange County Fire Authority are reasonably necessary based upon the
corresponding findings in Section 3 of this resolution as listed below:
FIRE CODE
TITLE (Clarification)
FINDINGS I,II,III
SECTION
109.3
Violation penalties
Admin
109.3.2
Infraction
Admin
109.3.3
Misdemeanor
Admin
202
General definitions (Flow -Line, Hazardous
Admin
Fire Area, EHLF)
305.5
Chimney spark arrestors
I & II
305.6
Outdoor fires
I & 11
305.6.1
Where prohibited
I & II
305.6.1.1
Fuel Modification Area
I & II
Resolution No. 2013 -
Page 6 of 10
75A -10
305.6.1.2
Supervision
Mill
11
305.6.2
Hazardous conditions
I & II
305.6.3
Disposal of rubbish
I & II
307.6
Outdoor Fireplaces, Fire Pits, Fire Rings,
and Outdoor Fireplaces
I & 11
307.6.1
Gas - fueled devices
I & II
307.6.2
Devices using wood or fuels other than
natural gas or LPG
I & It
307.6.2.1
Where prohibited
I & 11
319
Development on or near land containing
or emitting toxic, combustible or
flammable liquids, gases or vapors
III
320
Fuel modification requirements for new
construction
N/A
321
Clearance of brush or vegetation growth
from roadways
N/A
322
Unusual circumstances
N/A
323
Use of equipment
N/A
323.1
Spark arrestors
N/A
324
Restricted entry (In hazardous area)
N/A
325
326
Trespassing on posted property
Sky Lanterns or similar devices
N/A
I & 11
503.2.1
Clarity to
VHFSZ
505.1
Dimensions (Fire Lanes)
Address identification
N/A
N/A
510.1;
Emergency responder radio coverage in
new buildings
Admin
510.2
Emergency responder radio coverage in
Admin
Resolution No. 2013 -
Page 7 of 10
75A -11
Resolution No. 2013 -
Page 8 of 10
75A -12
existing buildings
510.3
Permit Required
Admin
510.4
Technical requirements
Admin
510.5
Installation requirements
Admin
510.6
Maintenance
Admin
608.1
Scope (Battery Systems)
Admin
608.10
Indoor charging of electric carts /cars
III -A
903.2
Where required (Sprinklers)
II & III -B
9012.8
Group R (Sprinklers)
II -B & III -B
903.3.53
Hydraulically calculated systems
I & 11
903.4
Sprinkler system supervision and alarms
III -A
(of valves)
905.4
Location of Class I standpipe hose
III -A
connections
907.2.13
High -rise buildings (Alarm Systems)
Admin
907.3.1
Duct smoke detectors
III -A
907.5.2.2
Emergency voice /alarm communication
11 &III -A
system
2008.1. thru
Emergency Helicopter Landing Facility
II & III -A
2008.1.11
2801.2
Permit (Miscellaneous combustible
Admin
storage)
2808.2
Storage site
N/A
2808.3
Size of piles
N/A
2808.7
Pile fire protection
N/A
2808.9
Material - handling equipment
N/A
2808.11
Temperature control
N/A
2808.11.2
New material temperature control
N/A
4906.3
Vegetation
N/A
4908
Fuel modification requirements for new
N/A
construction
Resolution No. 2013 -
Page 8 of 10
75A -12
4909
Explosions and blasting
N/A
5001.5.2
Hazardous materials inventory statement
(HMIS)
Admin
5003.1.1(1)
Maximum allowable quantity per control
area
III & III
5003.1.1.1
Extremely hazardous substances
III
5003.5
Hazard identification signs
Admin
5503.4.1
Identification signs (Cryogenic Fluid)_
Admin
5610
Firing (Fireworks)
Admin
5611
Seizure of fireworks
Displays (Fireworks)
Retail fireworks
Admin
5612
5613
5704.2.3.2
Label or placard (Flammable /Combustible
liquid)
Admin
6004.2.2.7
Treatment systems (Highly toxic & toxic
material)
11 & III
Chapter 50
Reference Standards
2010 NFPA 13 (Sprinkler Systems)
Admin, II & III
2010 NFPA 13 -R (Multi - Family
Sprinkler Systems)
11 & III
2010 NFPA 13 -D (Single Family
Sprinkler Systems)
II & III
2007 NFPA 14 (Standpipe Systems)
II & III
2010 NFPA 24 (Underground Water
Supply Systems)
II & III
2010 NFPA 72 (Fire Alarm Systems)
Admin & 11
Section 8. The aforementioned amendments have been incorporated in detail
in Ordinance NS-_ I
Section 9. Additional amendments have been made to the relevant California
Building Code, Electrical Code, Mechanical Code, Plumbing Code, Existing Building
Code, Residential Code, Green Building Standards Code, Fire Code, and International
Property Maintenance Code. On the recommendation of the Planning and Building
Agency and the Fire Authority, such amendments are hereby found to be either
administrative or procedural in nature or concern themselves with subjects not covered
in the aforementioned Codes. The changes made include provisions making each of
said Codes compatible with other Codes enforced by the City.
Section 10. The City Council of the City of Santa Ana hereby approves and authorizes
the Planning and Building Agency to file copies of Resolution 13- and Ordinance NS-
with the California Building Standards Commission as required by Health and
Resolution No. 2013 -
Page 9 of 10
75A -13
Safety Code Section 17958.7.
Section 11. This Resolution shall take effect from and after its adoption.
ss' E •.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
MW
AYES:
Council members
NOES:
Council members
ABSTAIN:
Council members
NOT PRESENT: Council members
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2013 -XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on 2013.
Date:
Clerk of the Council
City of Santa Ana
75A -14
Resolution No. 2013 -
Page 10 of 10
ROH 11/04/13
ORDINANCE NO. NS -XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE
SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND
THERETO THE MOST RECENTLY ENACTED CALIFORNIA
BUILDING CODE, CALIFORNIA RESIDENTIAL CODE,
CALIFORNIA GREEN BUILDING STANDARDS CODE,
CALIFORNIA ELECTRICAL CODE, CALIFORNIA
MECHANICAL CODE, CALIFORNIA PLUMBING CODE,
CALIFORNIA FIRE CODE, CALIFORNIA EXISTING
BUILDING CODE, AND INTERNATIONAL PROPERTY
MAINTENANCE CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: That section 8-43 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows:
Sec. 8-43. Adoption by reference.
There is adopted by the city that certain code known as the California Building
Code, 2940 2013 Edition, based on the 2909 2012 International Building Code as
published by the International Code Council, (hereinafter referred to in this article as the
"Building Code," "building code," or "California Building Code "), consisting of "Volume
1 ", "Volume 2" and the 2040 2013 California Existing Building Code (together with
subsequent supplements or amendments to any volume, each of which shall become
effective, adopted, and incorporated by reference into this Code on the date specified
by the state building standards commission, unless otherwise specified), of which not
less than one (1) copy of said Code has been and is now on file in the office of the clerk
of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and
are made available for public inspection. The building code is adopted and incorporated
by reference as though fully set forth at length herein as provided for in section 419 of
the Charter of the city, except for the changes to the building code set forth in this
chapter that specifically amends the Building Code. Any previously enacted, unrepealed
provision of the Santa Ana Municipal Code that amended a pre -2940 2013 edition of the
"Building Code" shall also be construed as amending the applicable provision of the
2040 2013 or later edition of the building code. The building code, as thus amended,
together with all other provisions of this article, shall be known as the city building code.
Appendices which are adopted pursuant to this section are as follows:
Appendix I, Patio Covers
Appendix J, Grading
Ordinance No. 1
75A-1 5 Pa .-
SECTION 2: That section 8 -90 of the Santa Ana Municipal Code is hereby amended such
that it reads as follows:
Sec. 8 -90. Board of appeals (Volume 1, Chapter 1, Division II, Section 113).
Section 113 of Volume 1, Chapter 1, Division 11, of the building code is deleted.
SECTION 3: That section 8 -94 of the Santa Ana Municipal Code is hereby amended such
that it reads as follows:
Sec. 8 -94. Permits required (Appendix Chapt ' Volume 1, Chapter 1, Division II,
Section 105).
Section 105.1 of Appendix Chapter 1, Volume 1 Division II of the building code is
amended to read as follows:
105.1 Permits required. No building or structure regulated by this code
shall be erected, constructed, enlarged, altered, repaired, moved,
improved, or its occupancy changed, removed, converted, demolished or
maintained unless a separate permit for each building or structure has first
been obtained from the building official.
Sections 105.1.1 and 105.1.2 of Volume 1 Chapter 1 Division II of the
building code are deleted.
Item 6 of Section 105.2 is amended to read: Sidewalks, driveways and
decks not more than 30 inches (762 mm) above adiacent grade, and not
over any basement or story below and are not part of an accessible route.
SECTION 4: That section 8 -95 of the Santa Ana Municipal Code is hereby amended such
that it reads as follows:
Sec. 8 -95. °esep�ed. Certificate of occupancy (Chapter 1 Division II Section 111).
Chapter 1, Division II, Section 111.1 of the building code is amended to read as
follows:
Chapter 1, Division 11, Section 111.1 -- Certificate of Occupancy
(1) Use and occupancy. No building or structure shall be used
or occupied and no change in the existing occupancy
classification of a building or structure or portion thereof shall
be made, until the building official has issued a certificate of
occupancy therefor as provided herein. Issuance of a
certificate of occupancy shall not be construed as an
Ordinance No. NS -XXXX
75A -16 Page 2 of 84
approval of a violation of the provisions of this code or other
ordinances of the 'uurrisdiction.
Exception: Certificates of occupancy are not required for
work exempt from permits under Section 105.2
(2) No alteration to an existing building which changes the floor
area of the building or which changes the means of egress
from the building shall be made until the building official has
issued a certificate of occupancy therefor as provided herein.
(3) No change of occupant within a building or portion thereof
shall be made until the building official has issued a
certificate of occupancy therefor as provided herein.
EXCEPTION: Group R, Divisions 2 and 3, and Group U
Occupancies.
No building or structure shall be connected with utility
services, nor shall a building or structure whose electrical
service has been disconnected be reconnected with
electrical service until an inspection has been made and the
building official has determined that the building does not
constitute an unsafe building.
SECTION 5: That section 8 -96 of the Santa Ana Municipal Code is hereby amended such
that it reads as follows:
Sec. 8 -96, Time Limitation of Application (Appendix Chapt Volume 1, Chapter 1,
Division II, Section 105.3.2).
Section 105.3.2 is amended to read as a follows:
Sec. 105.3.2. Time limitation of application. An application for a permit for
any proposed work shall be deemed to have been abandoned 180 days
after the date of filing, unless the permit has been issued; except that the
Building Official may extend the time for action by the applicant for a
period not exceeding one hundred and eighty (180) days upon request by
the applicant showing that circumstances beyond the control of the
applicant have prevented action from being taken. No application shall be
extended more than once. In order to renew action on an application after
expiration, the applicant shall resubmit plans and pay a new plan review
fee.
SECTION 6: That section 8 -97 of the Santa Ana Municipal Code is hereby amended such
that it reads as follows:
Ordinance No. NS -XXXX
75A -1 7 Page 3 of 84
Sec. 8 -97. High Rise Buildings (Section 202, Section 403).
(a) Section 202 Definitions are added and /or revised as follows:
APPROACH - DEPARTURE PATH. The flight path of the helicopter as it
approaches or departs from the landing pad.
EMERGENCY HELICOPTER LANDING FACILITY (EHLF). A landing
area on the roof of a building that is not intended to function as a heliport
or helistop but is capable of accommodating fire or medical helicopters
engaged in emergency operations.
High -rise structure. Every building of any type of construction or
occupancy having floors used for human occupancy located more than 55
above the lowest floor level having building access (see Section 403),
except buildings used as hospitals as defined in the Health and Safety
Code Section 1250.
SAFETY AREA. A defined area surrounding the landing pad which is free
of obstructions.
TAKEOFF AND LANDING AREA. The combination of the landing pad
centered within the surrounding safety area.
(b) Section 403 is amended to read as a follows:
Sec. 403. High -rise buildings and group 1 -2 occupancies having occupied
floors located more than 55 feet above the lowest level of fire department
vehicle access
mere than 7-5 feet above the lowest level of ft.e depaFtrnent veh'nle
assess.
u Section 403.1 is amended to read as a follows:
403.1 Applicability. New high -rise buildings and -group 1 -2 having occupied
floors located more than 55 feet above the lowest level of fire department
vehicle access and new group 1 -2 occupancies having occupied floors
located more than 55 feet above the lowest level of fire department vehicle
access shall comply with Sections 403.2 through 403.6.
(d) Section 403. 1.1 is amended to read as a follows:
1. "High -rise building' means every building of any type of
construction or occupancy having floor used for human occupancy located
above 55 feet above the lowest floor level having building access except
Ordinance No. NS -XXXX
75A -1 °
Page 4 of 84
buildings used as hospitals as defined by the Health and Safety Code
Section 1250.
SECTION 7: That section 8 -98 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
SECTION 8: That section 8 -99 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
SECTION 9: That section 8 -100 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
-
SECTION 10: That section 8 -101 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Ordinance No_ NS -XXXX
75A -1 9 Page 5 of 84
Sec. 8 -101. Aircraft - Related Occupancies (Section 412). EmeFgeney power lead
{Seetten 403.4.84}.
Section 412.7 of the California Building Code is hereby amended by adding
Sections 412.7.6 through 412.7.6.13 as follows:
412.7.6.1 through 412.7.6.13.
fire, police, and emergency medical helicopters only.
drainage away from access paints and passenger holding areas at
a slope of 0.5 percent to 2 percent. The landing pad surface shall
be constructed of approved non - combustible, nonporous materials.
California Building Code.
Ordinance No. NS -XXXX
75A -20 Page 6 of 84
in plan from each other by at least 90 degrees. No objects shall
penetrate above the approach- departure paths. The approach -
departure path begins at the edge of the landing pad, with the same
width or diameter as the landing pad and is a rising slope extending
outward and upward at a ratio of eight feet horizontal distance for
every one foot of vertical height.
412.7.6.4 Safety Area. The safety area is a horizontal plane level
with the landing pad surface and shall extend 25 ft in all directions
from the edge of the landing pad. No objects shall penetrate above
the plane of the safety area.
412.7.6.5 Safety Net. If the rooftop landing pad is elevated more
provided around the perimeter of the landing pad. The inner edge
of the safety net attached to the landing pad shall be slightly
dropped (greater than 5 in. but less than 18 in.) below the pad
elevation. The safety net shall slope upward but the outer safety net
edge shall not be above the elevation of the landing pad.
412.7.6.6 Take -off and Landing Area. The takeoff and landing
area shall be free of obstructions and 100 ft x 100 ft. or 100 ft.
diameter.
412.7.6.7 Wind Indicating Device. An approved wind indicating
device shall be provided but shall not extend into the safety area or
the approach - departure paths.
412.7,6.8 Special Markings. The emergency helicopter landinq
facility shall be marked as indicated in Figure 412.7.6.8.
412.7.6.9 EHLF Exits. Two stairway exits shall be provided from
or ladder leading to the roof surface below. The stairway from the
landing g acility plafform to the floor below shall comply with CFC
1009.4.2 for riser height and tread depth. Handrails shall be
provided, but shall not extend above the platform surface.
412.7.6.10 Standpipe systems. The standpipe system shall be
extended to the roof level on which the EHLF is located. All portions
Ordinance No. NS -XXXX
75A -21 Page 7 of 84
of the EHLF area shall be within 150 feet of a 2.5 -inch outlet on a
Class I or III standpipe.
412.7.6.11 Fire extinguishers. A minimum of one portable fire
extinguisher having a minimum 80 -13:C rating shall be provided and
located near the stairways or ramp to the landing pad. The fire
extinguisher cabinets shall not penetrate the approach- departure
paths, or the safety area. Installation, inspection, and maintenance of
extinguishers shall be in accordance with the CFC, Section 906.
412.7.6.13 EHLF. Fueling, maintenance, repairs, or storage of
helicopters shall not be permitted.
Figure 412.7.6.8 Helicopter Landing Pad Markings
20' Inside Diameter
2' Line Widtf
Red in Color
Cv
50' X
Address Numbers:
5' High, 1' Line Width
Black in Color
x-.12345
Numbers:
10' High
2' Line
Red in Color
Touchdown
Pad Boundary
1' in Width
Red in Color
50' 01 1
Prevailing wind).
Ordinance No. NS -XXXX
75A -22 Page 8 of 84
SECTION 11: That section 8 -102 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -102. .Fire
Protection Systems.
.. _
. rte. - - -
Ordinance No. NS -XXXX
75A -23 Page 9 of 84
u Section 903.2 Where required is hereby revised to read as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings
and structures shall be provided when one of the following conditions
exists:
1. New buildings: Notwithstanding any applicable provisions
of Sections 903.2.1 through 903.2.12, an automatic fire -
extinguishing system shall also be installed in all occupancies
when the total building area exceeds 5.000 square feet (465 mz)
as defined in the CBC, regardless of fire areas or allowable area,
or more than two stories in height.
2. Existing Buildings: Notwithstanding any applicable
provisions of this code, an automatic sprinkler system shall be
provided in an existing building when an addition occurs and
when one of the following conditions exists:
a. When an addition is 33% or more of the existing building
b. When an addition exceeds 2000 square feet (186 mz) and
c. An additional story is added above the second floor
regardless of fire areas or allowable area.
Ordinance No. NS -XXXX
75A -24 Page 10 of 84
Exception: Group R -3 occupancies. Group R -3 occupancies shall
comply with Section 903.2.8.
(b) Section 903.2.8 Group R is hereby revised as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance
with Section 902.1 shall be provided throughout all buildings with a Group
R fire area as follows:
1. New Buildings: An automatic sprinkler system shall be
installed throughout all new buildings.
(c) Section 903.4 Sprinkler system supervision and alarms is hereby
revised to read as follows:
1. Automatic sprinkler systems protecting_ one- and two - family dwellings.
2. Limited area systems serving fewer than 20 sprinklers.
3. Jockey pump control valves that are sealed or locked in the open
position.
4. Valves controlling the fuel supply to fire pump engines that are
sealed or locked in the open position.
5. Trim valves to pressure switches in dry , preaction and deluge
sprinkler systems that are sealed or locked in the open position.
(d) Section 905.4 Location of Class 1 standpipe hose connections is
hereby revised to read as follows:
905.4 Location of Class I standpipe hose connections. is hereby
revised to read as follows:
7. The centerline of the 2.5 inches (63.5 mm) outlet shall be no less
than 18 inches(457.2 mm) above and no more than 24 inches above the
finished floor.
(e) Section 907.2.13 High -rise buildings is hereby revised to read as
follows:
907.2.13 High -rise buildings and Group 1 -2 occupancies having floors
occupied floors located more than 55 feet above the lowest level of fire
department vehicle access shall be provided with an automatic smoke
detection in accordance with Section 907.213.1 a fire department
communication system in accordance with Section 907.2.13.2 and an
Ordinance No. NS -XXXX
75A -25 Page 11 of 84
emergency voice /alarm communication system in accordance with Section
907.5.2.2
Exceptions:
1. Airport traffic control towers in accordance with Section
907.2.22 and Section 412 of the California Building Code.
2. Open parking garages in accordance with Section 408.3 of the
California Building Code.
3. Buildings with an occupancy in Group A -5 in accordance with
Section 303.1 of the California Building Code.
4. Low - hazard special occupancies in accordance with Section
503.1.1 of the California Building Code.
5.
shall be broadcast by the emergency voice /alarm
communication system
Mf Section 907.3.1 Duct smoke detectors is hereby amended to read as
follows:
907.3.1 Duct smoke detectors. Smoke detectors installed in ducts shall
be listed for the air velocity, temperature and humidity present in the duct.
Duct smoke detectors shall be connected to the building's fire alarm
control unit when a fire alarm system is installed. Activation of a duct
smoke detector shall initiate a visible and audible supervisory signal at a
constantly attended location and shall perform the intended fire safety
function in accordance with this code and the California Mechanical Code.
Duct smoke detectors shall not be used as a substitute for required open
area detection.
Exception: In occupancies not required to be equipped with a fire alarm
system, actuation of a smoke detector shall activate a visible and an
audible signal in an approved location. Smoke detector trouble conditions
shall activate a visible or audible signal in an approved location and shall
be identified as air duct detector trouble.
(gZ Section 907.5.2.2 Emergency voice /alarm communication system is
revised to read as follows.
907.5.2.2 Emergency voice /alarm communication system. Emergency
voice /alarm communication system required by this code shall be
Ordinance No. NS -XXXX
75A-26 Page 12 of 84
designed and installed in accordance with NFPA 72. The operation of any
automatic fire detector, sprinkler waterflow device or manual fire alarm box
shall automatically sound an alert tone followed by voice instructions
giving approved information and directions for a general or staged
evacuation in accordance with the building's fire safety and evacuation
plans required by Section 404. In high -rise buildings and Group 1 -2
occupancies having occupied floors located more than 55 feet above the
lowest level of fire department vehicle access the system shall operate on
a minimum of the alarming floor, the floor above and the floor below.
Speakers shall be provided throughout the building by paging zones. At a
minimum, paging zones shall be provided as follows:
1. Elevator groups.
2. Exit stairways.
3. Each floor.
4. Areas of refuge as defined in Section 1002.1.
5. Dwelling Units in apartment houses.
6. Hotel quest rooms or suites.
Exception: In Group 1 -1 and R-2. 1 occupancies, the alarm shall
sound in a constantly attended area and a general occupant
notification shall be broadcast over the overhead page.
Section 907.6.3.2 High -rise buildings is revised to read as follows.
907.6.3.2 High -rise buildings. High -rise buildings and Group 1 -2
occupancies having occupied floors located more than 55 feet above the
lowest level of fire department vehicle access a separate zone by floor
shall be provided for all of the following types of alarm- initiating devices
where provided:
1. Smoke detectors.
2. Sprinkler water -flow devices.
3. Manual fire alarm boxes
4. _Other approved types of automatic detection devices or
suppression systems.
,() Section 907.6.5 Monitoring is revised to read as follows
907.6.5 Monitoring. Fire alarm systems required by this chapter or by the
California Fire Code shall be monitored by an approved supervising
station in accordance with NFPA 72, this section, and per Orange County
Fire Authority Guideline "New and Existing Fire Alarm & Signaling
Systems ".
Ordinance No, NS -XXXX
75A -27 Page 13 of 84
entirety:
SECTION 12: That section 8 -103 of the Santa Ana Municipal Code is hereby deleted it its
- . - - ». KAI
SECTION 13: That section 8 -104 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
Reserved. - -
Ordinance No. NS -XXXX
75A -28 Page 14 of 84
SECTION 14: That section 8 -105 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
Ordinance No. NS -XXXX
75A -29 Page 15 of 84
SECTION 15: That section 8 -106 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
..•
ir 01i
J_
SECTION 16: That section 8 -112 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
1.4 0:n _ se ItiiZSiLr : Y. iK�LOIF]
MW
r � �
building official has determined that the building does not
constitute an unsafe building.
SECTION 17: That section 8 -113 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
Sec. 8 -113. Reserved. Ebweption (Seetion 111. 1).
Ordinance No_ NS -XXXX
75A -30 Page's of 84
SECTION 18: That section 8 -153 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -153. Resepved. Standards for the Installation of Sprinkler Systems.
NFPA 13, 2013 Edition. Installation of Sprinkler Systems is hereby amended as
follows:
(a) Section 6.8.3 is hereby revised as follows:
6.8.3 Fire department connections (FDC) shall be of an approved type. The FDC
shall contain a minimum of two 2 Y2" inlets, The location shall be approved and be
no more than 150 feet from a public hydrant. The FDC may be located within 150
feet of a private fire hydrant when approved by the fire code official. The size of
piping and the number of inlets shall be approved by the fire code official. If
acceptable to the water authority, it may be installed on the backflow, assembly.
Fire department inlet connections shall be painted OSHA safety red. When the fire
sprinkler density design requires 500 gpm (including inside hose stream demand)
or greater, or a standpipe system is included, four 2 '' /2" inlets shall be provided.
(b) Section 8.3.3.1 is hereby revised as follows:
8.3.3.1. When fire sprinkler systems are installed in shell buildings of undetermined
use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the
quick - response type shall be used. Use is considered undetermined if a specific
tenantloccupant is not identified at the time the fire sprinkler plan is submitted.
Sprinklers in light hazard occupancies shall be one of the following_
1. Quick - response type as defined in 3.6.4.7
2. Residential sprinklers in accordance with the requirements of 8.4.5
3. Standard - response sprinklers used for modifications or additions to
existing light hazard systems equipped with standard- response
3
response sprinklers are replaced in existing light hazard systems
(c) Section 8.17.1.1.1 is hereby added as follows
Ordinance No. NS -XXXX
75A -31 Page 17 of 84
alarm or water -flow monitoring system, where provided. Group R occupancies
not requiring a fire alarm system by the California Fire Code shall be provided
with a minimum of one approved interior alarm device in each unit. Sound levels
in all sleeping areas shall be minimum of 15 DBA above the average ambient
sound or a minimum of 75 DBA with all intervening doors closed, whichever is
greater. Alarms shall be audible within all other living areas within each dwelling
unit. When not connected to a fire alarm or water -flow monitorinq system audible
devices shall be powered from an uninterruptible circuit (except for over- current
protection) serving normally operated appliances in the residence.
(d) Section 11.1.1.2 is hereby added as follows:
11.1.1.2 When fire sprinkler systems are required in buildings of undetermined
use other than warehouses, they shall be designed and installed to have a fire
sprinkler density of not less than that required for an Ordinary Hazard Group 2
use, with no reduction(s) in density or design area. Warehouse fire sprinkler
systems shall be designed to Figure 16.2.1.3.2 (d) curve °G ". Use is considered
undetermined if a specific tenant/occupant is not identified at the time the
sprinkler plan is submitted. Where a subsequent occupancy requires a system
with greater capability, it shall be the responsibility of the occupant to upgrade
the system to the required density for the new occupancy.
(e) Section 11.2.3.1.1.1 is hereby added as follows:
11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be
determined by one of the following methods, as approved by the Fire Code
Official:
1) Subtract the proiect site elevation from the low water level
for the appropriate pressure zone and multiply the result by 0.433;
2) Use a maximum of 40 psi, if available;
3) Utilize the Orange County Fire Authority water -flow test
form /directions to document a flow test conducted by the local water
agency or an approved third party licensed in the State of California.
(f) Section 23.2.1.1 is hereby revised as follows:
Section 23.2.1.1 Where a waterflow, test is used for the purposes of system
design, the test shall be conducted no more than 42 6 months prior to working
plan submittal unless otherwise approved by the authors having jurisdiction.
SECTION 19: That section 8 -154 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -154. ReseP:ed. Installation of Sprinkler System in Residential Occupancies up to and
Including Four Stories in Height.
Ordinance No. NS -XXXX
75A-32 Page 18 of 84
follows:
Section 6.16.1 is hereby revised as follows:
where provided Group R occupancies containing less than the number of
minimum of one approved interior alarm device in each unit. Sound levels in all
sleeping areas shall be a minimum of 15 dBA above the average ambient sound
or a minimum of 75 dBA with all intervening doors closed whichever is greater.
Alarms shall be audible within all other living areas within each dwelling unit.
When not connected to a fire alarm or water -flow monitoring system, audible
devices shall be powered from an uninterruptible circuit (except for over- current
protection) serving normally operated appliances in the residence.
There shall also be a minimum of one exterior alarm indicating device, listed for
outside service and audible from the access roadway that serves that building.
SECTION 20: That section 8 -155 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -155. Resewed. Standard for the Installation of Sprinkler Systems in One and Two Family
Dwellings and Manufactured Homes,
NFPA 13D 2013 Edition, Standard for the Installation of Sprinkler Systems in One=
and Two - Family Dwellings and Manufactured Homes is hereby amended as follows:
(a) Section 4.1.3 is hereby added as follows:
4.1.3 Stock of Spare Sprinklers
(b) Section 4.1.3.1 is hereby added as follows:
4.1.3.1. A supply of at least two sprinklers for each type shall be maintained on
the premises so that any sprinklers that have operated or been damaged in any
way can be promptly replaced.
(c) Section 4.1.5.2 is hereby added as follows:
4.1.3.2 The sprinklers shall correspond to the types and temperature ratings of
the sprinklers in the property.
Ordinance No. NS -XXXX
75A -33 Page 19 of 84
(d) Section 4.1.3.3 is hereby added as follows:
(e) Section 4.1.3.4 is hereby added as follows:
4.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be
used in the removal and installation of sprinklers. One sprinkler wrench shall be
provided for each type of sprinkler installed.
(f) Section 7.1.2 is hereby revised as follows:
7.1.2 The system piping shall not have a separate control valve unless
supervised by a central station proprietary , or remote station alarm service.
(g) Section 7.6 is hereby deleted in its entirety and replaced as follows:
7.6 Alarms. Exterior alarm indicating device shall be listed for outside service
and audible from the street from which the house is addressed. Exterior audible
devices shall be placed on the front or side of the structure and the location is
subject to final approval by the fire code official. Additional interior alarm devices
shall be required to provide 55 dBA or 15 dBA above ambient whichever is
greater. Sound levels in all sleeping areas with all intervening doors closed shall
be a minimum of 15 dBA above the average ambient sound level but not less
than 75 dBA, whichever is greater. Audible devices shall be powered from an
uninterruptible circuit (except for over - current protection) serving normally
operated appliances in the residence.
Exception:
2.
When an approved water flow monitoring system is installed interior
sound an alarm upon waterflow switch activation.
SECTION 21: That section 8 -156 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8- 156. Rese:ved. Installation of Standpipe and Hose Systems.
NFPA 14, 2013 Edition, Installation of Standpipe and Hose Systems is herebv
amended as follows:
Section 7.3.1.1 is hereby is deleted in its entirety and replaced as follows:
Ordinance No. NS -XXXX
75A -34 Page 20 of 84
7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and
shall be located not less than 18 inches or more than 24 inches above the
finished floor. Class II Standpipe hose connections shall be unobstructed and
shall be located not less than 3 feet or more than 5 feet above the finished floor.
SECTION 22: That section 8 -157 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -157. °esewed. Standard for the Installation of Private Fire Service Mains and Their
Appurtenances.
(a) Section 6.2.1.1 is hereby added as follows:
6.2.1.1 The closest upstream indicating valve to the riser shall be painted OSHA
red.
(b) Section 6.2.11 (5) is hereby deleted without replacement and (6) and (7) renumbered:
(5) Control Valves installed in a fire -rated room accessible from the exterior.
(6) Control valves in a fire -rated stair enclosure accessible from the exterior as
permitted by the authority having jurisdiction.
(c) Section 6.3.3 is herby added as follows
(d) Section 10.1.6.3 is hereby added as follows:
10,1.6.3 All ferrous pipe shall be coated and wrapped. Joints shall be coated and
wrapped after assembly. All fittings shall be protected with a loose 8 -mil
Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings
(e) Section 10.3.6.2 is hereby revised as follows:
10.3.6.2 All bolted joint accessories shall be cleaned and thoroughly coated with
asphalt or other corrosion - retarding material, prior to poly -tube and after
installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
Ordinance No. NS -XXXX
75A -35 Page 21 of 84
(f) Section 10.3.6.3 is hereby added as follows:
10.3.6.3 All bolts used in pipe -joint assembly shall be 316 stainless steel.
fai Section 10.6.3.1 is hereby deleted and replaced as follows:
10.6.3.1 Where fire service mains enter the building adiacent to the foundation,
the pipe may run under a building to a maximum of 24 inches, as measured from
the interior face of the exterior wall to the center of the vertical pipe. The pipe
under the building or building foundation shall be 304 or 316 stainless steel and
shall not contain mechanical joints or it shall comply with 10.6.2.
(h) Section 10.6.4 is hereby revised as follows:
10.6.4 Pipe ioints shall not be located under foundation footings. The pipe under
SECTION 23: That section 8 -290 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -290. Adoption by reference.
There is adopted by the city that certain code known as the California Plumbing
Code, 2-04D 2013 Edition, including the following appendices thereto: A, B, D, I and K,
(hereinafter referred to in this article as the "Plumbing Code "), together with subsequent
supplements or amendments, which shall become effective, adopted and incorporated
by reference into this Code on the date specified by the state building standards
commission, unless otherwise specified. The plumbing code is adopted and
incorporated by reference as fully set forth at length herein as provided for in section
419 of the Charter of the city, except for the changes to the plumbing code set forth in
this chapter of this Code that specifically amend the plumbing code. Any previously
enacted, unrepealed provision of this Code that amended a pre 2010 2013 edition of
the 'Plumbing Code " shall also be construed as amending the applicable provision of
the 2019 2013 or later edition of the plumbing code. The plumbing code as amended,
together with all other provisions of this article, shall be known as the city plumbing
code.
SECTION 24: That section 8 -342 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -342. Suspended piping support (California Plumbing Code, Table 3-2 313.1).
Table 3-2 313.1 of the plumbing code is amended by adding footnote 2 to the
requirements for horizontal piping of all materials specified in Table 3-2 313.1 of the
California Plumbing Code.
Ordinance No. NS -XXXX
75A -36 Page 22 of 84
SECTION 25: That section 8-401 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -401. Building supply pipe (California Plumbing Code Section 610.8 using Table
"610.4).
Section 610.8 of the Plumbing Code is amended to read as follows:
610.8 Size of meter and building supply pipe using Table 6-6 610.4. The size of
the meter and the building supply pipe shall be determined as follows:
1. Determine the available pressure at the water meter or other source of
supply.
2.
feet (305 ) Add or subtract depending on positive or negative elevation
change Y2 psi for each foot of difference in elevation between such source
of supply and the highest water supply outlet in the building or on the
premises.
3. Use the "pressure range" group within which this pressure will fall using
Table " 610.4.
4. Select the "length" column that is equal to or longer than the required
length.
5. Follow down the column to a fixture unit value equal to or greater than the
total number of fixture units required by the installation.
6. Having located the proper fixture unit value for the required length, sizes
of meter and building supply pipe as found in the two left -hand columns
shall be applied.
No building supply pipe shall be less than three- quarters (3/4) inch (20 mm) in
diameter.
Each single family residential structure shall be served with a main water supply
pipe of not less than one (1) inch I. D.
Two (2) hose bibs served by three - quarter (3/4) I.D. pipe or larger shall be
provided; one serving the front yard and one serving the rear yard.
SECTION 26: That section 8-402 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8-402. Building supply pipe (California Plumbing Code, Table 6-6 610.4 .
Ordinance No, NS-XXXX
75A-37 Page 23 of 84
Table "610.4 of the plumbing code is amended by changing the triV
footnote note 2 to read as follows:
* *** Building Supply, three - quarter (3/4) inch (20 mm) nominal size minimum, - 1"
minimum diameter for each single - family residential structure.
SECTION 27: That section 8-405 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8-405. Grade, support, and protection of building sewers (Section 718.1).
Section 718.1 of the California Plumbing Code is amended by adding the following
paragraph thereto.
Building sewer piping systems designed for grades of less than one (1) percent
shall be designed by a registered civil engineer. The engineer shall be
responsible for supervising the installation and shall certify in writing that the
sewer installation is in compliance with the Citv_approved plan, relative to line
and grade.
SECTION 28: That section 8 -556 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -556. Adoption by reference.
There is adopted by the city that certain code known as the California Mechanical
Code, 2819 2013 edition
(hereinafter referred to in this article as the "California Mechanical Code" "Mechanical
Code" or "mechanical code "), together with subsequent supplements, amendments, or
editions, which shall become effective, adopted, and incorporated by reference into this
Code on the date specified by the state building standards commission, unless
otherwise specified. The mechanical code is adopted and incorporated by reference as
though fully set forth at length herein as provided for in section 419 of the Charter of the
city, except for the changes to the mechanical code set forth in this chapter of this Code
that specifically amend the mechanical code. Any previously enacted, unrepealed
provision of this Code that amended a pre -2419 2013 edition of the "Mechanical Code"
shall also be construed as amending the applicable provision of the 2918 2013 or later
edition of the mechanical code. The mechanical code as amended, together with all
other provisions of this article, shall be known as the city mechanical code.
SECTION 29: The City Council of the City of Santa Ana hereby finds, determines
and declares that adoption of section 8 -570 amending California Mechanical Code
Section 602.1 is necessary because of corrosion related to the high seasonal humidity
in this coastal area which prevents moisture collecting in flexible ducting of evaporative
cooling systems from draining and evaporating, contributing to the deterioration of the
ductwork thereby endangering person's health and the environment.
Ordinance No, NS -XXXX
75A -38 Page 24 of 84
SECTION 30: That section 8 -570 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -570. Ducts -- Material (Section 602.1).
Section 602.1 of the mechanical code is amended to read as follows:
602.1 General. Supply air, return air, and outside air for heating, cooling,
or evaporative cooling systems shall be conducted through duct systems
constructed of metal as set fafth in the in accordance with SMACNA
HVAC Duct Construction Standards -
Metal and Flexible, or anetheF approved duet eenStMetien standard.
Rectangular ducts ,n-��two (2) inches w.g. shall comply with the
SMACNA HVAC ANSYSMAGNA 006 2006 HVAG Duct Construction
Standards - Metal and Flexible, or another appFE)Yed duet 8Gn6#UGtiGR
standard. Ducts, plenums, and fittings may shall be permitted to be
constructed of concrete, clay, or ceramics when installed in the ground or
in a concrete slab, provided the joints are tightly sealed.
In other than Group A, E, H, I, L, and R occupancies, high -rise buildings,
and other applications listed in Section 1.11.0 regulated by the Office of
the State Fire Marshal, corridors shall not be used to convey air to or from
rooms if the corridor is required be of fire - resistive construction per the in
accordance with the Building Code. In Group A, E, H, I, L, and R
occupancies, high -rise buildings, and other applications listed in Section
1. 11.0 regulated by the Office of the State Fire Marshal, corridors shall not
be used to convey air to or from rooms except where permitted in
accordance with Section 1018.5 of the California Building Code.
Exception: [OSHPD 1, 2, 3 & 4] (See Section 407.4.1.3).
Not permitted for [OSHPD 1, 2, 3 & 4] Concealed building spaces or
independent construction within buildings racy shall be permitted to be
used as ducts or plenums.
When gypsum products are exposed in ducts or plenums, the air
temperature shall be restricted to a range from 50 °F (10 °C) to 125 °F
(52 0C), and moisture content shall be controlled so that the material is not
adversely affected. For the purpose of this section, gypsum products shall
not be exposed in ducts serving as supply from evaporative coolers, and
in other air - handling systems regulated by this chapter when the
temperature of the gypsum product will be below the dew point
temperature.
See Chapter 8 for limitations on combustion products venting systems
extending into or through ducts or plenums.
Ordinance No. NS -XXXX
75A -39 Page 25 of 84
See Chapter 5 for limitations on environmental air systems exhaust ducts
extending into or through ducts or plenums.
Exhaust ducts under positive pressure and venting systems shall not
extend into or pass through ducts or plenums. For appliance vents and
chimneys, see Chapter 8.
EXCEPTION: Supply air duct, on the discharge side of an evaporative
cooler, shall be conducted through rigid metal ducts constructed as set
forth in SMACNA HVAC Duct Construction
Standards - Metal and Flexible,
standard; and unless prohibited by structural conditions shall be graded in
the direction of the supply outlet. Factory-made air ducts complying with
U.L. Standard No. 181 shall be limited to installation in a vertical position
only.
Note: Vertical shall be defined as not more than forty -five (45) degrees
from the vertical.
SECTION 31: That section 8-667 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -667. Adoption by reference.
There is adopted by the city that certain code known as the California Electrical
Code 2848 2013 Edition and the administrative provisions set forth herein, (hereinafter
referred to in this article as the "Electrical Code ") together with subsequent
supplements, amendments, or editions, which shall become effective, adopted, and
incorporated by reference into this Code on the date specified by the state building
standards commission, unless specifically adopted prior to that date, of which not less
than one (1) copy of said Code has been and is now on file in the office of the clerk of
the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are
made available for public inspection. The electrical code is adopted and incorporated by
reference as though fully set forth at length herein as provided for in section 419 of the
Charter of the city, except for the changes to the electrical code set forth in this chapter
of this code that specifically amend the electrical code. Any previously enacted,
unrepealed provision of this Code that amended a pre -2018 2013 edition of the
"Electrical Code" shall also be construed as amending the applicable provision of the
2848 2013 or later edition of the electrical code. The electrical code as amended,
together with all other provisions of this article, shall be known as the city electrical
code.
SECTION 32: The City Council of the City of Santa Ana hereby finds, determines
and declares that adoption of section 8 -942 amending California Electrical Code Section
334.12 is necessary because earthquakes are a common occurrence in the local area;
Ordinance No. NS -XXXX
75A -40 Page 26 of 84
that, unlike wire installed in conduit or raceways, non - metallic sheathed cable does not
provide the degree of protection that is needed in the event of an earthquake; that
exposed non - metallic sheathed cable is particularly hazardous; and that this
amendment is necessary to assure that adequate protection is provided in the
workplace and in other places of public gathering.
SECTION 33: That section 8 -942 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -942. Uses not permitted (Section 334.92).
Section 334.12 of the California Electrical Code is amended to read as follows:
Sec. 334.12. Uses Not Permitted.
(A) Types NM, NMC and LAMS. Types NM, NMC and NMS cables shall
not be permitted as follows:
. • • _ _ T .rrr.�rrrT
r.
habitable floor level in an existing one family dweRiF@-.
2. Exposed in dropped or suspended ceilings in other than one -
and two- family and multifamily dwellings
3. As service - entrance cable
4. In any nonresidential building or structure
5. In heisiways theatres and similar locations except where
permitted in 518.4(8)
motion
picture studios
7. In storage battery rooms
Ordinance No. NS -XXXX
75A -41 Page 27 of 84
8. In hoist ways or on elevators or
escalators
9. Embedded in poured cement concrete, or aggregate.
10. In hazardous (classified) locations, except where specifically
permitted by other articles in this Code.
(B) Types NM and NMS. Types NM and NMS cables shall not be
installed in the following:
1. Where exposed to corrosive fumes or vapors
2. Where embedded in masonry, concrete, adobe, fill, or plaster
3. In a shallow chase in masonry, concrete, or adobe and covered
with plaster, adobe, or similar finish
4. In wet or damp locations
SECTION 34: That section 8 -2000 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows:
Sec. 8 -2000. Adoption by reference.
There is adopted by the city that certain code known as the 2899 2012
International Property Maintenance Code (hereinafter referred to as the "Property
Maintenance Code "), together with subsequent supplements, amendments, or editions,
which shall become effective, adopted, and incorporated by reference into this Code on
each new official publication date of the International Property Maintenance Code, of
which not less than one (1) copy of said Code has been and is now on file in the office
of the clerk of the council of the city pursuant to Health and Safety Code Section
18942(d)(1) and are made available for public inspection. The said Code is adopted and
incorporated as fully as if set forth at length herein as provided for in section 419 of the
Charter of the city, except for the changes to the property maintenance code set forth in
this chapter of this Code that specifically amends the property maintenance code. Any
previously enacted, unrepealed provision of this Code that amended a pre -2999 2012
edition of the "Property Maintenance Code" shall also be construed as amending the
applicable provision of the 2999 2012 or later edition of the property maintenance code.
The property maintenance code, as thus amended, together with all other provisions of
this article, shall be known as the city property maintenance code.
(a) Section 302.8 of the Property Maintenance Code is amended to read as
follows:
Ordinance No. NS -XXXX
75A -42 Page 28 of 84
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
PUBLIC HEARING — AMENDMENT APPLICATION M
NO. 2013 -03 TO REZONE FOUR PROPERTIES ❑
FROM MULTIPLE - FAMILY RESIDENCE (R3) TO ❑
GENERAL COMMERCIAL (C2) AT 909 NORTH ❑
GRAND AVENUE — CITY OF SANTA ANA,
APPLICANT
CITY MANAGER /
• i ! •
As Recommended
As Amended
Ordinance on I" Reading
Ordinance on 2nd Reading
Implementing Resolution
Set Public Hearing For
CONTINUED TO
[.1111114[ m-.14 +
Adopt an ordinance approving Amendment Application No. 2013 -03.
PLANNING COMMISSION ACTION
On October 14, 2013, the Planning Commission recommended that the City Council adopt an
ordinance approving Amendment Application No. 2013 -03 by a vote of 7:0 in order to rezone the
property located at 909 North Grand Avenue from Multi - Family Residential (R3) to General
Commercial (C2). The Planning Commission made no changes to the recommendations and
conditions outlined in the attached staff report (Exhibit A).
DISCUSSION
This action changes the zoning at 909 North Grand Avenue, which has been operated as an
automobile sales business since 1961, from multi - family residential to commercial. This zone
change brings the site into conformance with the underlying General Plan land use designation
of General Commercial and will allow for the current business to modify or expand.
FISCAL IMPACT
There is no fiscal impact associated with this action.
J". . Trevino
Executive Director
Planning & Building Agency
VF: rb vflraportsAA13 -03 909 N Grand o0
Exhibit: A. Planning Commission Staff Report
7513-1
75B -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
OCTOBER 14, 2013
TITLE:
PUBLIC HEARING — FILED BY THE CITY OF SANTA
ANA FOR AMENDMENT APPLICATION NO. 2013-03
TO REZONE FOUR PROPERTIES FROM MULTIPLE -
FAMILY RESIDENCE (113) TO GENERAL COMMERCIAL
(C2) AT 909 NORTH GRAND AVENUE
Prepared by Vince Fregosa
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 Mar�Ager
Recommend that the City Council adopt an ordinance approving Amendment Application
No. 2013-03.
DISCUSSION
Request of the Applicant
The City of Santa Ana is requesting approval of an amendment application in order to rezone four
properties located at 909 North Grand Avenue from Multiple- Family Residence (R3) to General
Commercial (C2).
Proiect Location and Site Description
The subject site consists of four properties located at 909 North Grand Avenue. These parcels, which
will require a voluntary lot merger when the property owner proposes new construction on the site,
are irregular in shape and total approximately 2.81 acres in size. The two northernmost properties
are approximately 0.81 acres in size and are remnant parcels from the Santa Ana Freeway (1 -5)
Widening project. These parcels were acquired from Caltrans and integrated into the site
approximately 13 years ago. The remaining two parcels are located south of the former remnant
parcels and are about 2 acres in size. The site is currently occupied by a Kia automotive dealership
and Tom's Trucks. A total of three sales and service buildings are located on the premises that total
approximately 23,500 square feet.
The site is surrounded by the Santa Ana Freeway (1 -5) to the north, the Orange County Register
facilities to the south and east, and commercial and multiple- family residential uses to the west
(Exhibits 1, 2 and 3).
EXHIBIT A
75B -3
Amendment Application No. 2013 -03
October 14, 2013
Page 2
Proiect Description
The City of Santa Ana is proposing a clean -up action by rezoning four parcels of land from Multiple -
Family Residence (R -3) to General Commercial (C -2) in order to create consistency between the
zoning and automotive sales land use of the site as well as create consistency between the zoning
and general plan land use designation. No development is proposed at this time by the property
owner.
. .
In 1961, Variance No. 1527 was approved to allow a new and used car retail sales plant together with
accessory garage repair activities on the residentially zoned (R -3) site. In 1962, Reason Buick
obtained its approvals to allow auto sales and service, becoming the first tenant of the site, where it
remained until the early 1990's. in 1994, Tom's Trucks received approval to allow the retail sales of
trucks at this location. In 2002, The Suzuki Depot received approval to allow auto sales on the
premises.
The applicant has met with staff to begin discussions regarding future development opportunities
on the site, including an expansion of the automotive /truck sales component and to pen-nit
additional signage. A proposal for new signage will be submitted as a separate item and will
require Planning Commission review and approval of a variance.
General Plan and Zonina Analysis
The subject site has a General Plan land use designation of General Commercial (GC), which
allows for commercial and office uses such as the existing auto sales use. General Commercial
districts are primarily located on commercial corridors and major arterial roadways in the City such
as Grand Avenue. They provide accessible commercial development along the City's arterials as
well as provide support facilities and services, including automotive sales and services.
The subject site is zoned Multiple- Family Residence (R -3), which allows the construction of
multiple - family residential dwellings such as apartments and condominiums. This designation is
not consistent with the current automotive sales and service use. The approval of the amendment
application will make the use consistent with the General Plan land use designation (Exhibit 4).
Proiect Analysis
City staff has begun discussions with the property owner, the Heidler Trust, on the potential use of the
site. These discussions stem from the owner's interest in reviewing the development potential of all
parcels owned by the entity in the City as well as an interest in master planning the 909 North Grand
Avenue site. The inconsistency between the zoning designation, which allows multi - family residential
development, and the commercial General Plan land use designation impedes the master planning of
the site. To facilitate the commercial potential and future development opportunities of the site, an
amendment application is needed to change the zoning of the properties from Multiple- Family
Residence (R -3) to General Commercial (C -2).
75B -4
Amendment Application No. 2013 -03
October 14, 2013
Page 3
The existing R -3 zoning of the property is intended to facilitate the construction of multi - family
residential developments on the site, such as apartments and /or condominiums. This R -3 zoning has
been in place since at least 1959, when the zoning for the area was approved by the City Council.
However, when the property was entitled in 1961, a land use variance was granted to allow
automotive sales and service on the site, a use which has remained at this location since the approval
of the variance. As the existing Multiple- Family Residence (R -3) zoning designation prohibits the use
of the site for commercial purposes, an amendment application to change the zoning is required.
Staff is recommending approval of the zone change for several reasons. First, the rezoning of the site
will create consistency between the Zoning and General Plan land use designations. This
consistency will give the property owner clear direction in regards to potential land uses, development
opportunities and development standards for the property. Secondly, the site is physically suitable for
commercial uses. The site meets or exceeds the Commercial Development Standards, is located on
an arterial street that serves as a major commercial corridor in the City, and has direct access to the
1 -5 Freeway, all which makes a commercial use such as the existing automotive sales and service
use the best use of the land. Further, given the proximity of the site to the 1 -5 Freeway and the
numerous noise and health related impacts resulting from being in close proximity to a major
interstate freeway, it is highly unlikely that a viable residential project could be developed on the site.
Thirdly, the rezoning of the site will make the use conforming with the proposed zoning designation.
Currently, the auto sales use is not a permitted use in R -3 zoning district, which makes the use legal
nonconforming. The rezoning of the site will bring the use into compliance with the Zoning Code and
will allow future improvements to be made to the site. If the residential zoning designation were to
remain, the site would still be occupied by an automotive sales use, but future improvements would
be restricted. The legal non - conforming provision of the code would limit work on the site to
maintenance and would preclude extensive rehabilitation, expansion or new development.
Public Notification
The project site is located within the Saddleback View Neighborhood Association and is adjacent
to the Mabury Park and Fairbridge Neighborhood Associations. The Presidents of these
neighborhood associations were notified by mail 10 days prior to this public hearing. The project
site itself was posted with a notice advertising this public hearing, a notice was published in the
Orange County Reporter and mailed notices were sent to surrounding property owners within 500
feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At
the time of this printing, no correspondence, either written or electronic, has been received from
any members of the public.
CEQA Analysis
In accordance with the California Environmental Quality Act, the proposed project is exempt from
further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects
that have no possibility of having a significant effect on the environment. Categorical Exemption
Environmental Review No. 2013 -60 will be filed for this project.
75B -5
Amendment Application No. 2013 -03
October 14, 2013
Page 4
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
recommend that the City Council approve Amendment Application No. 2013 -03.
Vince Fre oso ICP '
Principal Plan
VF:jm
Amppds41A13 -03 909 N Grmd.101413.pc
Attachments:
Exhibit 1 — General Vicinity Map
Exhibit 2 — Land Use Map
Exhibit 3 — Site Photograph
Exhibit 4 — Zoning Map
75B -6
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75B -7
AA 2013 -03
THE CITY OF SANTA ANA
909 NORTH GRAND AVENUE.
P L A N N I N G A N D B U I L D I N G A G E N C Y
LAND USE MAP
EXHIBIT 2
75B -8
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EXHIBIT 2
75B -8
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AA 2013 -3
CITY OF SANTA ANA - ZONING AMENDMENT
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PREPARED BY THE PLANNING DIVISION
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CITY OF SANTAANA, CALIFORNIA
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ORDINANCE NO. NS-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REZONING THE PROPERTY
LOCATED AT 909 NORTH GRAND AVENUE FROM
MULTIPLE - FAMILY RESIDENCE (R3) TO GENERAL
COMMERCIAL (C2) (AA NO. 2013 -03)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find,
determine and declare as follows:
A. Amendment Application No. 2013 -03 has been filed by the City of
Santa Ana to change the zoning district designation of certain real
property located at 909 North Grand Avenue from Multiple - Family
Residence (R3) to General Commercial (C2).
B. This clean -up action re -zones the four parcels at the subject site from
Multiple- Family Residence (R3) to General Commercial (C2) in order
to create consistency between the zoning and existing automotive
sales land use of the site, as well as create consistency between the
zoning and the General Plan land use designation of General
Commercial (GC), which allows for commercial and office uses such
as the existing auto sales use.
C. The Planning Commission of the City of Santa Ana held a duly
noticed public hearing on October 14, 2013, on Amendment
Application No. 2013 -03 and decided to recommend that the City
Council adopt an ordinance approving Amendment Application No.
2013 -03, which is consistent with the General Plan,
D. This Council, prior to taking action on this ordinance, held a duly
noticed public hearing on November 4, 2013.
E. The City Council also adopts as findings all facts presented in the
Request for Council Action dated November 4, 2013 accompanying
this matter.
F. For these reasons, and each of them, Amendment Application No.
2013 -03 is hereby found and determined to be consistent with the
General Plan of the City of Santa Ana and otherwise justified by the
public necessity, convenience, and general welfare.
75B -11
Section 2. In accordance with the Califomia Environmental Quality Act,
the proposed project is exempt from further review pursuant to Section 15061(b)(3),
which is a general rule exemption applying to projects that have no possibility of
having a significant effect on the environment. Categorical Exemption
Environmental Review No. 2013 -60 will be filed for this project.
Section 3. The real property located at 909 North Grand Avenue in Santa
Ana is hereby reclassified from Multiple - Family Residence (R3) to General
Commercial (C2). An amended Sectional District Map, showing the above
described change in use district designation, is hereby approved and attached
hereto as Exhibit "A° and incorporated by this reference as though fully set forth
herein.
Section 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 , 2013.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Ryan O. Hodge
Assistant City Attomey
75B -12
Miguel A. Pulido
Mayor
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS- to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
75B -13
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PREPARED BY THE PLANNING DIVISION
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CITY OF SANTAANA, CALIFORNIA
4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
PUBLIC HEARING — AMENDMENT APPLICATION NO
2013 -04, TENTATIVE TRACT MAP NO. 2013 -05
(COUNTY MAP NO. 17546) AND SITE PLAN REVIEW
NO. 2013 -04 TO CHANGE THE ZONING FROM
GENERAL AGRICULTURAL (Al) TO SPECIFIC
DEVELOPMENT NO. 86 TO SUBDIVIDE THREE
PARCELS INTO 28 CONDOMINIUMS FOR AT 4226-
4306 WEST FIFTH STREET — URBAN LAND, LLC,
APPLICANT
CITY MANAG
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Adopt an ordinance approving Amendment Application No. 2013 -04 and Specific
Development No. 86.
2. Adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as
conditioned.
3. Adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned.
PLANNING COMMISSION ACTION
On September 23, 2013, the Planning Commission recommended that the City Council adopt an
ordinance approving Amendment Application No. 2013 -04 and Specific Development No. 86;
adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as
conditioned; and adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned by a
vote of 6:0 (Alderete absent) for a new 28 single - family residential development at 4226 -4306
West Fifth Street in the General Agricultural (Al) zoning district. The Planning Commission made
no changes to the recommended conditions of approval outlined in the attached staff report
(Exhibit A).
DISCUSSION
The approval of this project will allow for the development of 28 new single - family detached
residential units. The project applicant, City Ventures, specializes in the re -use of infill properties,
such as this one, which has been blighted for many years. The project is exempt from further
environmental analysis due to the fact that it is an in -fill project of less than five acres within an
already urbanized area.
75C -1
AA No. 2013 -04, TTM No. 2013 -05,
& SPR No. 2013 -04
November 4, 2013
Page 2
HOUSING OPPORTUNITY ORDINANCE
This project is subject to the City's Housing Opportunity Ordinance (HOO) pursuant to SAMC 41-
1900 et seq. The HOO applies to any residential project where a zone change to allow residential
uses, or approval of an overlay zone for residential uses is proposed. The ordinance requires that
the project include units affordable to households qualifying under the County's income
classifications for Very Low to Moderate incomes. In the case of this project, the applicant must
provide 5 for -sale units (15 percent of 28 total units) meeting the affordability guidelines for
Moderate income. Prior to issuance of building permits, the applicant is required to submit both an
Inclusionary Housing Plan and Inclusionary Housing Agreement to be approved ministerially
detailing the manner in which the program will be administered. These documents are subject to
the review and approval of the City Attorney's Office, the Planning Division and the Community
Development Agency. The Inclusionary Housing Agreement will also be recorded against the
property. In addition, a condition of approval will be placed on the Tentative Tract Map that states
the Inclusionary Housing Plan and Inclusionary Housing Agreement shall comply with the
procedures for establishing eligibility and applicant priority contained within the Housing Element
as it may be adopted and amended by the City Council. At a minimum these eligibility criteria shall
give priority to tenants /buyers whose household income is on the lower end of the applicable
income range and tenants /buyers who are residents of Santa Ana. The provisions of the
Inclusionary Housing Plan must be fully implemented prior to any issuance of Certificate of
Occupancy.
FISCAL IMPACT
There is no fiscal impact associated with this action
Jay . Trevino
Executive Director
Planning and Building Agency
AN:rb
aMwp51 \plancommVW 13- 04TM13- 05SPR13- 04Fifth &Newhope.ee
Exhibit: A. Planning Commission Staff Report
B. Household Income Affordability Range Table
75C -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
SEPTEMBER 23, 2013
TITLE:
PUBLIC HEARING — FILED BY URBAN LAND, LLC
FOR AMENDMENT APPLICATION NO. 2013 -04,
TENTATIVE TRACT MAP NO. 2013.05 (COUNTY MAP
NO. 17546) AND SITE PLAN REVIEW NO. 2013 -04
TO CHANGE THE ZONING FROM GENERAL
AGRICULTURAL (Al) TO SPECIFIC DEVELOMENT
NO. 86 AND TO SUBDIVIDE THREE PARCELS INTO
28 CONDOMINIUMS AT 4226 -4306 WEST FIFTH
STREET
Prepared by Ann Hsin -An Ni
-
Executive Director
RECOMMENDED ACTION
Recommend that the City Council:
PLANNING COMMISSION SECRETARY
APPROVED
IJ As Recommended
IJ As Amended
tJ Set Public I learing For
DENIED
CJ Applicanrs Request
17 Staff Recommendation
CONTINUED TO
Planning Ma Mager
Adopt an ordinance approving Amendment Application No. 2013 -04 and Specific Development
No. 86.
2. Adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as
conditioned.
3. Adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned.
Request of Applicant
Kim Prijatel of Urban Land, LLC is requesting approval of an amendment application to change the
zoning designation of three parcels of land from General Agricultural (Al) to Specific Development
No. 86 (SD86), a tentative tract map to allow an air -right subdivision of the site for 28 detached
homes, and an approval of the site plan pursuant to the requirement of the SD and for the property
located at 4226 through 4306 West Fifth Street.
Project Location and Site Description
The subject property is approximately 2.66 acres in area and is flat, rectangular in shape, and is
occupied by a drive -in dairy and three single family residential structures. The property is located on
the south side of Fifth Street between Harbor Boulevard and Newhope Street.
The site is surrounded by a mixture of single - family and multi - family residential to the north, multi-
family residential to the east and west, and a mobile home park to the south (Exhibits 1, 2 and 3).
EXHIBIT A
75C -3
Amendment Application No. 2013 -04
Tentative Tract Map No. 2013 -05
Site Plan Review No. 2013 -04
September 23, 2013
Page 2
Project Description
The proposed project involves the construction of 28 new detached homes and the subdivision of three
lots into 28 air -right condominiums. Each residence will be a two -story structure and will contain
between 1,510 square feet and 2,115 square feet of living area. A minimum of three bedrooms and a
maximum of five bedrooms will be provided. A two -car attached garage will be provided for Plan 1 and
Plan 2, and a two -car garage with two tandem spaces in the driveway will be provided for Plan 3. The
11 -units facing Fifth Street will take vehicular access from a rear alley. Additionally, the 9 -units located
in the middle section of the project will also take access from this alley. The remaining 8 -units of the
project will have a traditional design and will take access from a private street (Exhibits 4 and 5).
Table 1
Fifth and Newho a Project Summary
Plan Type
Units Proposed
Percent of Project
Square Footage
Plan 1 - 3 bedrooms
10
36%
1,510
Plan 2 - 4 bedrooms
10
36%
1,823
Plan 3 - 4 bedrooms
plus den/opt bdrm 5
8
28%
2,115
Total
28
100%
n/a
The development will include three primary architectural plans, each with four different architectural
vocabularies. In order to reflect the variety of architectural styles present in the City, the applicant
proposes varied architectural styles to mimic the existing streetscape found within the City. The
architectural styles proposed for this project includes Spanish, Colonial, Cottage and Contemporary.
The residences will incorporate enhanced architectural elements on all four sides of the structures.
The exterior materials proposed for each architectural style are unique and authentic, including tile
roofs, stucco, precast concrete stone and brick veneer, and decorative window surrounds. For
example, arched doorways, window trims, shutters and a covered entry porch are features used on
the elevations to characterize the Spanish architectural style (Exhibit 6).
A lush and decorative landscape palette is proposed for this project. A variety of 24 -inch and 36-
inch box trees, including Fruitless Olive, Fern Pine and California Pepper Trees will be provided
along the Fifth Street frontage and at the vehicular entry to the project. A combination of trees,
shrubs and sod with an automatic sprinkler system will be installed within the front, side and rear
yard setback area as well as the common areas. The tree species selected within the project
provide a colorful palette which includes Ornamental Pear, Little Gem Southern Magnolia and Crepe
Myrtle Trees (Exhibit 7).
75C -4
Amendment Application No. 2013 -04
Tentative Tract Map No. 2013 -05
Site Plan Review No. 2013 -04
September 23, 2013
Page 3
A 4,800 square foot pocket park will be provided for the project. This park will be located directly
south of the gated entrance to the development. The park will provide common open space for the
development and will incorporate elements such as a central lawn, seating areas and decorative
paving.
Access to the proposed project will be provided from Fifth Street. A decorative and gated entrance
is proposed for the residents and visitors for this development, with decorative paving, a wrought
iron gate, a landscaped median and ornamental landscaping to be provided. The width and turning
radius of the internal streets and alleyways are adequate to accommodate Orange County Fire
Authority emergency vehicles as well as Waste Management waste collection service trucks.
Perimeter block walls are proposed for the project. An eight -foot high decorative block wall with
pilasters, including a one to three -foot high retaining wall, will be constructed along the east, west
and south property lines. A five and one -half foot high wood fence is proposed for the interior side
yards between homes.
Housing Opportunity Ordinance
The proposed project is subject to the Housing Opportunity Ordinance adopted in November 28,
2011. The developer is required to provide a minimum of 15 percent of the total number of units,
equivalent to five units in the project to be sold to moderate or lower- income households. An
Inclusionary Housing Agreement will be recorded against the property, approved by the Executive
Director of Community Development and the City Attorney prior to the issuance of a building permit.
Project Backaround
This site was originally developed as an agricultural use known as the Cal -Va Dairy, which
consisted of a dairy, processing plant and milk cows in 1960. In 1963, a drive -in dairy store was
approved through Variance No. 1846 to complement the dairy operation. Cal -Va Dairy was owned
and operated by a family who came to California from Virginia.
The retail drive -in dairy was in operation until approximately 2010 when it was converted to a mini
market. The mini market, as well as the three houses that comprise this property, were vacated in
August 2013. The buildings on the site are currently boarded up.
General Plan and Zoning Consistency
The General Plan land use designation for the site is Low Medium Density Residential, which allows
residential development up to eleven dwelling units per acre (LMR -11). Properties within the LMR-
11 areas are typically characterized by mobile home parks, a mixture of duplexes and single family
residences, or small lot subdivisions. The proposed project is consistent with the General Plan land
use designation.
75C -5
Amendment Application No. 2013 -04
Tentative Tract Map No. 2013 -05
Site Plan Review No. 2013 -04
September 23, 2013
Page 4
The zoning for the site is General Agricultural (A1). The Al standards are not applicable to this
project as the applicant is seeking to develop pursuant to the density allowed by the LMR -11 land
use designation. In order to develop to the LMR -11 density, the applicant must receive approval of
a Specific Development (SD) zoning designation. The proposed project has been designed to be
consistent with the Specific Development (SD) zoning designation.
Proiect Analysis
Amendment Application
Section 41 -593 of the Santa Ana Municipal Code establishes the regulations for the creation of
Specific Development (SD) zoning districts. The purpose of the specific development districts is to
protect the health, safety and general welfare of the city by encouraging the use of innovative
planning concepts and principles, promoting and enhancing the value of properties, and
encouraging orderly development for a planned residential project. The applicant is proposing to
rezone the subject site to an SD designation and construct a 28 -unit, single - family development.
The current Al zoning designation allows single - family dwelling at a density of one dwelling unit per
6,000 square feet of lot area, which is equivalent to seven dwelling units per acre, while the Low
Medium Density (LMR -11) land use designation allows 11 dwelling units per acre.
The Al zoning designation was intended to accommodate agricultural and farming uses prevalent in
the western section of the City, including the Cal -Va Dairy and Egg Ranch in the 1960s. As the area
transitioned into a residential community, the Al zoning remained in place for these parcels as well
as several adjacent parcels. The zoning for other nearby parcels was changed to residential zones
as properties were developed.
Since the proposed project is not a traditional single - family project, but an innovative approach to
providing infill housing, staff is recommending that the property be rezoned to a specific
development (SD) zoning designation. The SD is a tool used to allow for unique and innovative
projects that are otherwise consistent with the General Plan land use designation, such as the
proposed project, but do not conform to the current zoning standards for the site. The SD will
contain development standards for the project, including setbacks, landscaping and parking, while
allowing development of an innovative project. Approval of the SD will be consistent with the
General Plan land use designation of Low Medium Density Residential at 11 dwelling units per acre
since the proposed project will be built at a gross density of 10.5 dwelling units per acre (Exhibit 8).
Tentative Tract Map
Tentative tract map requests are governed by Sections 34 -119 through 34 -318 of the SAMC.
Tentative tract map requests may be granted when it can be shown that the following can be
established.
75C -6
Amendment Application No. 2013 -04
Tentative Tract Map No. 2013 -05
Site Plan Review No. 2013 -04
September 23, 2013
Page 5
• The proposed project, as conditioned, and its design and improvements are consistent with the
LMR land use designation of the General Plan and are otherwise consistent with all other
elements of the General Plan and any applicable specific plans.
• The proposed project, as conditioned, conforms to all applicable requirements of the zoning and
subdivision codes as well as other applicable City ordinances.
• The project site is physically suitable for the type and density of the proposed project.
• The design and improvements of the proposed project will not cause substantial environmental
damage or substantially and avoidably injure fish and wildlife or their habitat.
• The design or improvements of the proposed project will not cause serious public health
problems.
• The design or improvements of the proposed project will not conflict with easements necessary
for public access through or use of the property within the proposed project.
If these findings can be made, then it is appropriate to grant the tentative tract map. Conversely, the
inability to make these findings would result in a denial. Using this information, staff has prepared the
following analysis, which forms the basis for the recommendation contained in this report.
The applicant is requesting approval of a tentative tract map to allow the subdivision of the 2.66 -acre
parcel into 28 air -right condominiums (Exhibit 9). In order to subdivide the parcel, the project needs to
comply with all applicable development standards for a tract map. Based on a review of the tentative
map, the project has been designed to be in compliance with the applicable development standards
found in Chapters 34 (Subdivision) and 41 (Zoning) of the Santa Ana Municipal Code and the
provisions of the proposed Specific Development No. 86 zoning district. Additionally, the internal
street and alleyways are designed to be private and will be maintained by the Homeowner
Association. The width and turning radius of the internal street and alleyways are adequate to
accommodate Orange County Fire Authority emergency vehicles as well as Waste Management
waste collection service vehicles.
The proposed subdivision, Tentative Tract Map No. 2013 -05, will be consistent with the
proposed LMR land use designation and density prescribed and all other elements of the
General Plan. Policy No. 1.4 promotes the maintenance and fostering of a variety of residential
land uses in the City.
75C -7
Amendment Application No. 2013 -04
Tentative Tract Map No. 2013 -05
Site Plan Review No. 2013 -04
September 23, 2013
Page 6
• The proposed subdivision conforms to the minimum condominium requirements, as well as
meets the letter and intent of the State of California Subdivision Map Act Provisions. Tentative
Tract Map No. 2013 -05 is in keeping with the site plan review for the project as well as
Chapters 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions
(CC &Rs) are required for the project, which need to be approved by the City prior to the
recordation of the final map.
The proposed site is physically suitable for the detached development as proposed since the
property will be located within a Specific Development zoning district (SD86) and has a General
Plan land use designation of Low Medium Density Residential at 11 dwelling units per acre
(LMR11). The site is surrounded by a combination of single - family and multi - family residential
uses and is determined to have the capability to support the type and density of the project.
• The project site is located in an urbanized area and was previously developed with a drive -in
dairy and three single - family residential structures, and there are no known fish or wildlife
populations existing on the project site. Therefore, the proposed subdivision will not cause any
substantial environmental damage or substantially and avoidably injure fish and wildlife or their
habitat.
• The proposed subdivision is not anticipated to have any detrimental effects upon the general
public. The design and improvements associated with this project have been prepared to
comply with minimum City standards. The internal street and alleyways are designed to be
private and will be maintained by the Homeowner Association. The width and turning radius of
the internal street and alleyways are adequate to accommodate Orange County Fire Authority
emergency vehicles as well as Waste Management waste collection services. Additionally,
each residence will have sewer, water and the necessary infrastructure improvements as
conditioned in Development Project Review No. 2013 -02.
• The design or improvements of the proposed project will not create a conflict with easements
necessary for public access through or use of the property within the proposed project since
there is no easement within this property. Public access will be allowed to the site through the
gated entrance with homeowner or homeowner association's authorization.
Site Plan Approval
Section 41- 593.5(c) of the Santa Ana Municipal Code requires the Planning Commission to review
all plans within a Specific Development zoning district to ensure the project is in conformance with
the approved SD. The review also ensures that the buildings, structures and grounds are in
keeping with the neighborhood and will not be detrimental to the development of the Specific
75C -8
Amendment Application No. 2013 -04
Tentative Tract Map No. 2013 -05
Site Plan Review No. 2013 -04
September 23, 2013
Page 7
Development area. After analyzing the project, it was determined that the 28 -unit detached home
project will be in compliance with all applicable development standards within the Specific
Development No. 86 zoning document. Additionally, the proposed project is in keeping with the
surrounding neighborhood and will improve the quality and desirability of the housing stock in the
City. Finally, the project has been determined to be in compliance with applicable parking,
landscaping and architectural provisions governing the project.
Conclusion
The proposed project will enhance the quality of the housing stock through the development of a
well- designed detached residential project and will provide a positive reinforcement of the City's
image within the area. This project will also provide a direct benefit to the community by removing
the existing visual blight and provide additional housing opportunities in the City. The proposed
project will achieve multiple goals and policies of the City's General Plan by developing a detached
residential project that provides a variety of residential land uses in the city.
Public Notification
The project site is located within the boundaries of the Riverview West Neighborhood Association
which was notified of this project. Staff gave a presentation on the project at their neighborhood
association meeting on July 16, 2013 at the Lake Park Mobile Home Park. At that meeting, the
Association expressed support for the proposed project. In addition, a community meeting was
held on January 28, 2013 at Hazard Elementary School in accordance with the Sunshine
Ordinance (Exhibit 10). The project site was posted with a notice advertising this public hearing, a
notice was published in the Orange County Reporter and mailed notices were sent to all property
owners within 500 feet of the project site. At the time of this printing, no correspondence, either
written or electronic, had been received from any members of the public.
CEQA Compliance
In accordance with the California Environmental Quality Act the recommended action is exempt from
further review per Section 15332. This class 32 exemption allows infill development provided they
are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can
be served by existing utilities. Categorical Exemption Environmental Review No. 2013 -04 will be
filed for this project.
75C -9
Amendment Application No. 2013 -04
Tentative Tract Map No. 2013 -05
Site Plan Review No. 2013 -04
September 23, 2013
Page 8
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
recommend that the City Council approve Amendment Application No. 2013 -04, Tentative Tract
Map No. 2013 -05 as conditioned and Site Plan Review No. 2013 -04 as conditioned.
Ann Ni
Associate Planner
AN:jm
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Attachments:
Exhibit 1 —Vicinity Map
Exhibit 2 — Land Use Map
Exhibit 3 — Site Photo
Exhibit 4 — Site Plan
L" ' 40=L•
Vince Fregoso, AIC
Principal Planner
Exhibit 5 -- Floor Plans
Exhibit 6 — Elevations
Exhibit 7 — Landscaping Plans
Exhibit 8 — Specific Development Zoning Document
Exhibit 9 — Tentative Tract Map
Exhibit 10 — Community Meeting Minutes
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Specific Development District (SD -86)
TABLE OF CONTENTS
SECTION 1.
Applicability of Ordinance
SECTION 2.
Purpose
SECTION 3.
Permitted Uses
SECTION 4.
Conditionally Permitted Uses
SECTION 5.
Development Standards
1. Building Height
2. Front Yard
3. Side Yard
4. Rear Yard
5. Parking
6. Walls and Fences
SECTION 6.
Development Standards for Common Areas
SECTION 7.
Building Separation
SECTION 8.
Landscape Standards
1. Front yard
2. Project perimeter walls
3. Irrigation systems
4. Screening
5. Maintenance
EXHIBIT 8
75C -32
SPECIFIC DEVELOPMENT PLAN NO. 86
FIFTH AND NEWHOPE DETACHED HOMES
SECTION 1 APPLICABILITY OF ORDINANCE
The Specific Development Zoning District No. 86 for Fifth and Newhope Detached
Homes is authorized by Chapter 41, Division 26 Section 41 -593 et seq. of the Santa
Ana Municipal Code. SD No. 86 contains the specific standards and regulations
contained in the R1 and /or R2 residential districts, as herein amended, for the
purpose of establishing land use regulations and standards. All other applicable
chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless
superseded by regulations contained in this ordinance.
SECTION 2 PURPOSE
The Specific Development Plan No. 86 for Fifth and Newhope Detached Homes
consists of standards and regulations established for the purpose of protecting the
health, safety, and general welfare of the people of the City of Santa Ana by
promoting and enhancing the value of property and encouraging the orderly
development for the planned residential development.
SECTION 3 PERMITTED USES
The following uses are permitted in the SD -86 district:
1. One - family dwellings.
2. One temporary real estate office devoted to the sale of real estate in the tract in
which it is located.
3. Child care facilities providing care to not more than eight (8) children.
SECTION 4 CONDITIONALLY PERMITTED USES
The following uses are permitted upon the approval of a Conditional Use Permit in
accordance with the Santa Ana Municipal Code:
1. Childcare facilities caring for more than eight (8), but no more than fourteen (14)
children.
75 033
SECTION 5 DEVELOPMENT STANDARDS
1. Building Height
No primary structure shall exceed 27 feet nor two stories in height, as measured
from the lowest adjacent grade of the structure to the top of the structure.
2. Front Yard
There shall be a front yard of not less than ten (10) feet from the street. Porches
may encroach into the front yard a maximum of five (5) feet.
3. Side Yard
Each side yard shall be not less than ten (10) feet.
4. Rear Yard
There shall be a rear yard of not less than seven (7) feet. Such rear yard may be
reduced to not less than five (5) feet for open patio covers for Unit 21 thru 28.
5. Parkin
The minimum off - street parking requirements for Units 1 through 20 are two
parking spaces per unit within an enclosed garage. Units 21 through 28 are two
parking spaces in an enclosed garage plus two tandem spaces in a driveway. In
addition to the minimum requirements, a total of 15 guest parking spaces shall be
provided.
6. Walls and Fences
Walls and fences shall be installed pursuant to Section 41 -610 of the SAMC,
except that walls and fences shall be constructed of a decorative block and /or
split face block or equivalent and shall have decorative pilasters and caps.
Front yard fences shall not exceed thirty (30) inches in height. Front yard fence
material and design shall complement the architectural style and shall be
installed by the developer and maintained by the Home Owner Association.
SECTION 6 DEVELOPMENT STANDARDS FOR COMMON AREAS
Homes in the SD No. 86 district shall comply with the following standards:
1. All improvements to the common open space shall be fully implemented prior to
Building Division final and release of utilities for the entire development.
75C 334
2. The passive recreation area /pocket park between Unit 25 and 26 shall be a
minimum of 4,876 square feet in size and shall incorporate tables, seating and a
shade structure. The color and appearance of the furniture products and other
elements must complement the overall architecture design and material.
Benches and seating shall be made of a durable material such as concrete or
painted iron and be designed to minimize effects from vandalism, skateboarding
and weather.
3. Front and street oriented side yards shall be landscaped with the exception of
approved driveways and sidewalks.
4. Driveways shall lead to a garage and not exceed the width of such garage. There
shall be no parking of vehicles in the front yard except in such driveways.
SECTION 7 BUILDING SEPARATION
1. The building separation between structures shall be at least ten (10) feet for
Units 1 through 20.
2. The building separation between structures shall be at least eight (8) feet for
Units 21 through 28.
SECTION 8 LANDSCAPE STANDARDS
In the SD No. 86 district, all yards shall be landscaped. Each residential unit shall
meet the following minimum requirements:
1. Front yard
a. One 24 -inch box canopy trees per unit.
b. One additional tree species for up to five dwelling units and an additional tree
species for each increment of five units.
c. Six five - gallon size shrubs and 10 one - gallon size herbaceous
perennials /shrubs as a foundation planting.
d. Turf or acceptable dry climate ground cover:
i. Turf shall be drought tolerant variety and planted as sod or hydroseed.
ii. Ground cover shall be well- rooted cuttings from flats and planted at
appropriate spacing for that particular plant material.
75C435
2. Project perimeter walls
a. Flowering vines shall be provided and secured to a decorative masonry wall
material.
b. The vines shall be five - gallon size and be planted at a maximum 20 -foot
interval. They shall be secured to the walls with eye hooks and wire.
c. Espaliered shrubs, fruit trees, or other ornamental trees may be substituted
for the flowering vines.
3. Irrigation systems
a. A pop -up sprinkler type irrigation system shall be provided for all yards for
each residential unit.
b. The use of "xeriphytic" or dry climate type plant materials is encouraged.
Irrigation systems may require special fittings to properly water dry climate
plantings.
4. Screening
a. All meters shall be appropriately screened from public view with trellis work
and vines or a hedge type shrub or they shall be incorporated into the
residential structure.
b. Any enclosed structure for utilities must not encroach into any required
setback.
5. Maintenance
a. All plant material shall be maintained per Section 41 -609 of the Santa Ana
Municipal Code.
ANlSpeci6c DevelopmenlslSD No.66
75C536
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1/28/13
Note from Community Meeting for Proposed Project on 5'h Street in Santa Ana
Q: What are the prices?
A: To be determined.
Q: How many entrances /exits?
A: One.
Q: What is the set back to the south property line?
A: 10 feet.
Q: What are the widths of the private streets?
A: 34 feet.
Q: Is there visitor parking?
A: Yes. 15 guest spaces on the street and 18 in driveways.
Q: What is the "green area "?
A: Passive open space area.
Q: Will there be perimeter walls?
A: Yes. Block walls and low fence.
Q: Will there be low Income units.
A: 15% of the homes will be for moderate income buyers (5 of the 29).
Q: Is this project following the "normal process "?
A: Yes. The zoning needs to be updated to match the general plan.
Q: Will street parking remain on 5'h Street? There is a lack of parking in the area.
A: Yes. More parking will be available as there will be fewer curb cuts into the property.
Q: How will the drainage work?
A: Drainage plan will meet City requirements.
75 =lb Sao
Q: Where does the "street water" go?
A: We do not have the civil plans yet.
Q: Issues with street flooding when it rains. Water comes from Harbor down 5`h to Newland. There is
only one catch basin in the area. There have been broken pipes in the area.
A: The project will contribute less water to this issue because there will be less paved area
Q: Will there be fire hydrants?
A: As required by the fire department.
Q: What is the zoning?
A: Currently agriculture. Proposal is to change to "Specific Development ".
Q: What is the minimum lot size?
A: The "Specific Development' designation does not have a minimum lot standard. The density is
designated by the General Plan (Medium Density). However, the lots will range from 3,500 to 4,000
square feet.
Q: Will the homes be single family?
A: The homes are single family detached. However, the project is a 1 -lot subdivision with a condo map.
This is a typical arrangement for infill projects in Orange County.
Q: Is there 5 feet of separate between buildings?
A: Yes.
Q: Will the materials to be used in the construction of the project be purchased from businesses in the
City of Santa Ana.
A: There is no requirement for that. Project will be bid out to multiple subs.
Q: Is Harbor to the east of the project?
A: Yes.
Q: Will there be a pool?
A: No.
Q: Will the crossing guard location change?
A: The project should not change this. However, that is up to the School District.
Q: Can the road handle the weight of the construction trucks?
A: The City will review that issue.
Q: Will the community have CC &Rs?
A: Yes.
Q: Concerned with landscaping issues. Want to prohibit inappropriate trees like fichus.
A: We can restrict trees that are viewed as inappropriate. Please follow up with an email to discuss this
issue further.
Q: Is the guest parking parallel?
A: Yes.
Q: What is the number of bedrooms per home?
A: 3.
Q: The only hiccup in this project is parking. 9 guest spots for the 21 homes (without garages) is too
thin.
A: Your comment is noted.
Q: I am not against your project. I think It will be a fine asset and good improvement to the community.
Q: Concern with parking and how the street will be impacted by construction.
A: Your comment is notes.
Q: Is the purchase of the property contingent on receiving entitlements?
A: Yes.
Q: How will lighting be handled?
A: There will be a street lighting plan per City standards.
Q: Will there be a homeowners association?
A: Yes.
750-40
Q: Has fire approved this plan?
A: Fire is reviewing the plan.
Q: How will trash be handled?
A: There will be individual trash cans. Need to work out who the trash haulerwill be.
Q: Does the entrance have a fountain?
A: No. Enhanced pavers and a gate.
Q: Will there be a security guard?
A: No. Just a kiosk.
Q: What is the timing of the construction?
A: 12 to 18 months.
Q: What will be the hours of construction? Can the finish time be limited in the winter?
A: Whatever the City allows. 7:00 am to 7:00 pm is typical.
Q: Will the streets be cleaned during construction?
A: Yes. Streets will be cleaned as required by the City.
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75G42
ORDINANCE NO. NS-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REZONING THE PROPERTY
LOCATED AT 4226 -4306 WEST FIFTH STREET
FROM GENERAL AGRICULTURAL (A1) TO
SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO.
2013 -04) AND ADOPTING SPECIFIC
DEVELOPMENT NO. 86 (SD -86) FOR SAID
PROPERTY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find,
determine and declare as follows:
A. Amendment Application No. 2013 -04 has been filed with the City of
Santa Ana to change the zoning district designation of certain real
property located at 4226 -4306 West Fifth Street from General
Agricultural (Al) to Specific Development No. 86 (SD -86). The
Specific Development No. 86 zoning district (SD -86) would allow a
28 -unit, single - family development built at a gross density of 10.5
dwelling units per acre.
B. The Planning Commission of the City of Santa Ana held a duly
noticed public hearing on September 23, 2013, on Amendment
Application No. 2013 -04 and decided to recommend that the City
Council adopt an ordinance approving Amendment Application No.
2013 -04, which is consistent with the General Plan.
C. This Council, prior to taking action on this ordinance, held a duly
noticed public hearing on November 4, 2013.
D. The City Council also adopts as findings all facts presented in the
Request for Council Action dated November 4, 2013 accompanying
this matter.
E. For these reasons, and each of them, Amendment Application No.
2013 -04 is hereby found and determined to be consistent with the
General Plan of the City of Santa Ana and otherwise justified by the
public necessity, convenience, and general welfare.
75C -43
Section 2. In accordance with the California Environmental Quality Act,
the proposed project is exempt from further review pursuant to Section 15332. This
class 32 exemption allows infill development provided they are consistent with the
zoning and General Plan, do not have any noise or traffic impacts, and can be
served by existing utilities. Categorical Exemption Environmental Review No.
2013 -04 will be filed for this project.
Pursuant to Title XIV, California Code of Regulations ( "CCR ")
§735.5(c)(1), the City Council has determined that, after considering the record
as a whole, there is no evidence that the proposed project will have the potential
for any adverse effect on wildlife resources or the ecological habitat upon which
wildlife resources depend. The proposed project exists in an urban environment
characterized by paved concrete, roadways, surrounding buildings and human
activity. Therefore, pursuant to Fish and Game Code §711.2 and Title XIV, CCR
§735.5(a)(3), the payment of Fish and Game Department filing fees is not
required in conjunction with this project.
Section 3. The real property located at 4226 -4306 West Fifth Street in
Santa Ana is hereby reclassified from General Agricultural (A1) to Specific
Development No. 86 (SD -86). An amended Sectional District Map, showing the
above described change in use district designation, is hereby approved and
attached hereto as Exhibit "A" and incorporated by this reference as though fully set
forth herein.
Section 4. Specific Development No. 86 (SD -86), attached hereto as
Exhibit "B" and incorporated by this reference as though fully set forth herein, is
approved and adopted in its entirety.
Section 5. 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 , 2013.
Miguel A. Pulido
Mayor
75C -44
Sonia R. Carvalho
City Attorney
Ryan O. Hodge
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS- to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
75C -45
ROH — 09/23/13
I:1 *Y0Av>llI[4P►II MUM Il �yK�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING TENTATIVE TRACT MAP NO. 2013 -05 AS CONDITIONED
AND APPROVING SITE PLAN REVIEW NO. 2013 -04 AS CONDITIONED
FOR THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Applicant is requesting approval of a tentative tract map and a site plan
review to allow the construction of 28 detached homes at 4226 -4306 West
Fifth Street.
B. The Planning Commission has, following a duly noticed public hearing, on
September 23, 2013, recommended the approval of the following items:
1. Adopt an ordinance approving Amendment Application No. 2013 -04
and Specific Development No. 86.
2. Adopt a resolution approving Tentative Tract Map No. 2013 -05 (County
Map No. 17546) as conditioned.
3. Adopt a resolution approving Site Plan Review No. 2013 -04 as
conditioned.
C. On November 4, 2013 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written and
oral.
D. For Tentative Tract Map No. 2013 -05, the City Council of the City of Santa
Ana determines that the following findings have been established:
1. The proposed project, as conditioned, and its design and
improvements are consistent with the District Center designation on
the General Plan and are otherwise consistent with all other elements
of the General Plan.
The proposed subdivision, Tentative Tract Map No. 2013 -05
(County Map No. 17546) is consistent with the land use
designation and density prescribed in the General Plan and
Resolution No. 2013 -
Page 1 of 8
75C -46
will not have an adverse effect on the surrounding uses in the
area.
2. The proposed project, as conditioned, conforms to all applicable
requirements of the zoning and subdivision codes as well as other
applicable City ordinances.
The proposed subdivision conforms to the minimum
condominium requirements, as well as meets the letter and
intent of the State of California Subdivision Map Act
Provisions. Tentative Tract Map No. 2013 -05 is in keeping
with the site plan review for the project as well as Chapters 34
and 41 of the Santa Ana Municipal Code. Covenants,
Conditions and Restrictions (CC &Rs) are required for the
project, which need to be approved by the City prior to the
recordation of the final map.
3. The project site is physically suitable for the type and density of the
proposed project.
The proposed site is physically suitable for the detached
development as proposed since the property will be located
within a Specific Development zoning district (SD86) and has
a General Plan land use designation of Low Medium Density
Residential at 11 dwelling units per acre (LMR11). The site is
surrounded by a combination of single - family and multi - family
residential uses and is determined to have the capability to
support the type and density of the project.
4. The design and improvements of the proposed project will not cause
substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
The project site is located in an urbanized area and was
previously developed with a drive -in store and three single -
family residential structures, and there are no known fish or
wildlife populations existing on the project site. Therefore, the
proposed subdivision will not cause any substantial
environmental damage or substantially and avoidably injure
fish and wildlife or their habitat.
5. The design or improvements of the proposed project will not cause
serious public health problems.
The proposed subdivision is not anticipated to have any
detrimental effects upon the general public. The design and
Resolution No. 2013 -
Page 2 of 8
75C -47
improvements associated with this project have been prepared
to comply with minimum City standards. The internal street
and alleyways are designed to be private and will be
maintained by the Homeowner Association. The width and
turning radius of the internal street and alleyways are
adequate to accommodate Orange County Fire Authority
emergency vehicles as well as Waste Management waste
collection services. Additionally, each residence will have
sewer, water and the necessary infrastructure improvements
as conditioned in Development Project Review No. 2013 -02.
6. The design or improvements of the proposed project will not conflict
with the easements acquired by the public at large for access through
or use of property within the proposed project.
The design or improvements of the proposed project will not
create a conflict with easements necessary for public access
through or use of the property within the proposed project
since there is no easement within this property. Public access
will be allowed to the site through the gated entrance with
homeowner or homeowner association's authorization.
E. Applicant has requested approval of Site Plan Review No. 2013 -04 as
conditioned.
Section 41- 593.5(c) of the Santa Ana Municipal Code requires the
Planning Commission to review all plans within a Specific
Development zoning district to ensure the project is in conformance
with the approved SD.
2. Based on the following review, the project is in compliance with all
applicable development standards outlined within the Specific
Development No. 86 zoning document:
Section 2. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15332. This class 32
exemption allows infill development provided they are consistent with the zoning and
General Plan, do not have any noise or traffic impacts, and can be served by existing
utilities. Categorical Exemption Environmental Review No. 2013 -04 will be filed for this
project.
Section 3. The City Council of the City of Santa Ana after conducting the public
hearing hereby approves:
Resolution No. 2013 -
Page 3 of 8
75C -48
A. Tentative Tract Map No. 2013 -05 as conditioned in Exhibit "A" attached
hereto and incorporated herein for the residential development located at
4226 -4306 West Fifth Street.
B. Site Plan Review No. 2013 -04 as conditioned in Exhibit "B" attached hereto
and incorporated herein.
These decisions are based upon the evidence submitted at the abovesaid hearing,
which includes, but is not limited to: the Request for Council Action dated November 4,
2013, and exhibits attached thereto; and, the public testimony, written and oral, all of
which are incorporated herein by this reference.
Section 4. This Resolution shall not be effective unless and until Ordinance No.
NS- becomes effective. If said ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not
go into effect for any reason, then this resolution shall be null and void and have no further
force and effect.
Section 5. This decision rendered by the City Council of the City of Santa Ana is
final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the
Council's decision and these findings.
ADOPTED this day of November, 2013.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
am
Ryan O. Hodge
Assistant City Attorney
Miguel A. Pulido
Mayor
75C -49
Resolution No. 2013 -
Page 4 of 8
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2013 -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
75C -50
Resolution No. 2013 -
Page 5 of 8
Conditions for Approval for Tentative Tract Map No. 2013 -05
Tentative Tract Map No. 2013 -05 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 California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this approval.
The applicant must remain in compliance with all conditions listed below throughout the
life of the tentative tract map. Failure to comply with each and every condition may result
in the revocation of the tentative tract map.
A. Planning Division
1. An Inclusionary Housing Agreement will be recorded against the property,
approved by the Executive Director of Community Development and the
City Attorney prior to issuance of building permit.
2. Two copies of the recorded final tract map shall be submitted each to the
Planning Division, Building Division and Public Works Agency within 10
days of recordation.
3. The tentative tract map, final map and all improvements required to be
made or installed by the subdivider shall be in accordance with the
requirements and design standards and specifications of the City of Santa
Ana and the requirements of the State Subdivision Map Act.
4. Two copies of the recorded final map and CC &Rs shall be submitted each
to the Planning Division, Fire Department, Building Division, and Public
Works Agency within 10 days of recordation.
5. After project occupancy, landscaping is to be maintained in accordance
with the landscape plan approved for the project. This shall include the
minimum levels of plant materials shown on the landscape plan and
installed at the time of occupancy.
6. A fencing plan showing the location of all project fencing and the materials
to be used must be submitted to the Planning Division prior to submittal
into building plan check.
7. All real estate signage must be removed from the site within one year from
the date of installation. An extension of time may be granted as
determined by the Planning Manager.
Resolution No. 2013 -
Page 6 of 8
75C -51
November 4, 2013
PAGE 2 OF 2
8. The final map must be approved and recorded prior to issuance of building
permits.
9. Development within the area of the map is subject to development and
permit fees in effect at the time of permit issuance.
10. Development within the area of the map is subject to design and
development standards in effect at the time of permit issuance.
11. The project must be in compliance with the provisions of Site Plan Review
(DP No. 2013 -02).
Resolution No. 2013 -
Page 7 of 8
75C -52
Conditions of Approval for Site Plan Review No. 2013 -04
Site Plan Review No. 2013 -04 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 California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this approval.
The applicant must remain in compliance with all conditions listed below throughout the life
of the site plan approval. Failure to comply with each and every condition may result in a
building permit not being issued.
A. Planning Division
All proposed site improvement must conform with Site Plan Review approval
of DP No. 2013 -02.
Any amendment to this site plan must be submitted to the Planning Division
for review. At that time, staff will determine if administrative relief is available
or the Planning Commission must amend the site plan approval.
A detailed fence plan for the entire project including the height, design and
materials shall be submitted and approved prior to issuance of building
permit.
4. A common area amenity plan including the design of the shade structure,
materials and furniture shall be submitted and approved prior to issuance of
building permit.
5. An Inclusionary Housing Agreement will be recorded against the property,
approved by the Executive Director of Community Development and the City
Attorney prior to the issuance of a building permit.
Resolution No. 2013 -
Page 8 of 8
75C -53
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ORDINANCE NO. NS-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REZONING THE PROPERTY
LOCATED AT 4226 -4306 WEST FIFTH STREET
FROM GENERAL AGRICULTURAL (Al) TO
SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO.
2013 -04) AND ADOPTING SPECIFIC
DEVELOPMENT NO. 86 (SD -86) FOR SAID
PROPERTY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find,
determine and declare as follows:
A. Amendment Application No. 2013 -04 has been filed with the City of
Santa Ana to change the zoning district designation of certain real
property located at 4226 -4306 West Fifth Street from General
Agricultural (A1) to Specific Development No. 86 (SD -86). The
Specific Development No. 86 zoning district (SD -86) would allow a
28 -unit, single - family development built at a gross density of 10.5
dwelling units per acre.
B. The Planning Commission of the City of Santa Ana held a duly
noticed public hearing on September 23, 2013, on Amendment
Application No. 2013 -04 and decided to recommend that the City
Council adopt an ordinance approving Amendment Application No.
2013 -04, which is consistent with the General Plan.
C. This Council, prior to taking action on this ordinance, held a duly
noticed public hearing on November 4, 2013.
D. The City Council also adopts as findings all facts presented in the
Request for Council Action dated November 4, 2013 accompanying
this matter.
E. For these reasons, and each of them, Amendment Application No.
2013 -04 is hereby found and determined to be consistent with the
General Plan of the City of Santa Ana and otherwise justified by the
public necessity, convenience, and general welfare.
75C -57
Section 2. In accordance with the California Environmental Quality Act,
the proposed project is exempt from further review pursuant to Section 15332. This
class 32 exemption allows infill development provided they are consistent with the
zoning and General Plan, do not have any noise or traffic impacts, and can be
served by existing utilities. Categorical Exemption Environmental Review No.
2013 -04 will be filed for this project.
Pursuant to Title XIV, California Code of Regulations ( "CCR ")
§735.5(c)(1), the City Council has determined that, after considering the record
as a whole, there is no evidence that the proposed project will have the potential
for any adverse effect on wildlife resources or the ecological habitat upon which
wildlife resources depend. The proposed project exists in an urban environment
characterized by paved concrete, roadways, surrounding buildings and human
activity. Therefore, pursuant to Fish and Game Code §711.2 and Title XIV, CCR
§735.5(a)(3), the payment of Fish and Game Department filing fees is not
required in conjunction with this project.
Section 3. The real property located at 4226 -4306 West Fifth Street in
Santa Ana is hereby reclassified from General Agricultural (Al) to Specific
Development No. 86 (SD -86). An amended Sectional District Map, showing the
above described change in use district designation, is hereby approved and
attached hereto as Exhibit "A" and incorporated by this reference as though fully set
forth herein.
Section 4. Specific Development No. 86 (SD -86), attached hereto as
Exhibit "B" and incorporated by this reference as though fully set forth herein, is
approved and adopted in its entirety.
Section 5. 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 , 2013.
Miguel A. Pulido
Mayor
75C -58
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
m
Ryan O. Hodge
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS- to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
75C -59
75C -60
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75C -62
ROH — 11/04/13
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING TENTATIVE TRACT MAP NO. 2013 -05 AS CONDITIONED
AND APPROVING SITE PLAN REVIEW NO. 2013 -04 AS CONDITIONED
FOR THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Applicant is requesting approval of a tentative tract map and a site plan
review to allow the construction of 28 detached homes at 4226 -4306 West
Fifth Street.
B. The Planning Commission has, following a duly noticed public hearing, on
September 23, 2013, recommended the approval of the following items:
1. Adopt an ordinance approving Amendment Application No. 2013 -04
and Specific Development No. 86.
2. Adopt a resolution approving Tentative Tract Map No. 2013 -05 (County
Map No. 17546) as conditioned.
3. Adopt a resolution approving Site Plan Review No. 2013 -04 as
conditioned.
C. On November 4, 2013 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written and
oral.
D. For Tentative Tract Map No. 2013 -05, the City Council of the City of Santa
Ana determines that the following findings have been established:
1. The proposed project, as conditioned, and its design and
improvements are consistent with the District Center designation on
the General Plan and are otherwise consistent with all other elements
of the General Plan.
The proposed subdivision, Tentative Tract Map No. 2013 -05
(County Map No. 17546) is consistent with the land use
designation and density prescribed in the General Plan and
will not have an adverse effect on the surrounding uses in the
area.
Resolution No. 2013-
75^ -6^ Page 1 of 8
2. The proposed project, as conditioned, conforms to all applicable
requirements of the zoning and subdivision codes as well as other
applicable City ordinances.
The proposed subdivision conforms to the minimum
condominium requirements, as well as meets the letter and
intent of the State of California Subdivision Map Act
Provisions. Tentative Tract Map No. 2013 -05 is in keeping
with the site plan review for the project as well as Chapters 34
and 41 of the Santa Ana Municipal Code. Covenants,
Conditions and Restrictions (CC &Rs) are required for the
project, which need to be approved by the City prior to the
recordation of the final map.
3. The project site is physically suitable for the type and density of the
proposed project.
The proposed site is physically suitable for the detached
development as proposed since the property will be located
within a Specific Development zoning district (SD86) and has
a General Plan land use designation of Low Medium Density
Residential at 11 dwelling units per acre (LMR11). The site is
surrounded by a combination of single - family and multi - family
residential uses and is determined to have the capability to
support the type and density of the project.
4. The design and improvements of the proposed project will not cause
substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
The project site is located in an urbanized area and was
previously developed with a drive -in store and three single -
family residential structures, and there are no known fish or
wildlife populations existing on the project site. Therefore, the
proposed subdivision will not cause any substantial
environmental damage or substantially and avoidably injure
fish and wildlife or their habitat.
5. The design or improvements of the proposed project will not cause
serious public health problems.
The proposed subdivision is not anticipated to have any
detrimental effects upon the general public. The design and
improvements associated with this project have been prepared
to comply with minimum City standards. The internal street
and alleyways are designed to be private and will be
maintained by the Homeowner Association. The width and
Resolution No. 2013-
75 C _6 w Page 2 of 8
turning radius of the internal street and alleyways are
adequate to accommodate Orange County Fire Authority
emergency vehicles as well as Waste Management waste
collection services. Additionally, each residence will have
sewer, water and the necessary infrastructure improvements
as conditioned in Development Project Review No. 2013 -02.
6. The design or improvements of the proposed project will not conflict
with the easements acquired by the public at large for access through
or use of property within the proposed project.
The design or improvements of the proposed project will not
create a conflict with easements necessary for public access
through or use of the property within the proposed project
since there is no easement within this property. Public access
will be allowed to the site through the gated entrance with
homeowner or homeowner association's authorization.
E. Applicant has requested approval of Site Plan Review No. 2013 -04 as
conditioned.
1. Section 41- 593.5(c) of the Santa Ana Municipal Code requires the
Planning Commission to review all plans within a Specific
Development zoning district to ensure the project is in conformance
with the approved SD.
2. Based on the following review, the project is in compliance with all
applicable development standards outlined within the Specific
Development No. 86 zoning document:
Section 2. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15332. This class 32
exemption allows infill development provided they are consistent with the zoning and
General Plan, do not have any noise or traffic impacts, and can be served by existing
utilities. Categorical Exemption Environmental Review No. 2013 -04 will be filed for this
project.
Section 3. The City Council of the City of Santa Ana after conducting the public
hearing hereby approves:
A. Tentative Tract Map No. 2013 -05 as conditioned in Exhibit "A" attached
hereto and incorporated herein for the residential development located at
4226 -4306 West Fifth Street.
B. Site Plan Review No. 2013 -04 as conditioned in Exhibit "B" attached hereto
and incorporated herein.
Resolution No. 2013-
75 ^ _6 5 Page 3 of 8
These decisions are based upon the evidence submitted at the abovesaid hearing,
which includes, but is not limited to: the Request for Council Action dated November 4,
2013, and exhibits attached thereto; and, the public testimony, written and oral, all of
which are incorporated herein by this reference.
Section 4. This Resolution shall not be effective unless and until Ordinance No.
NS- becomes effective. If said ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not
go into effect for any reason, then this resolution shall be null and void and have no further
force and effect.
Section 5. This decision rendered by the City Council of the City of Santa Ana is
final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the
Council's decision and these findings.
ADOPTED this day of November, 2013.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Miguel A. Pulido
Mayor
Resolution No. 2013-
75 C _C C Page 4 of 8
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2013 -XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2013-
75C -67 Page 5 of 8
Conditions for Approval for Tentative Tract Map No. 2013 -05
Tentative Tract Map No. 2013 -05 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 California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this approval.
The applicant must remain in compliance with all conditions listed below throughout the
life of the tentative tract map. Failure to comply with each and every condition may result
in the revocation of the tentative tract map.
A. Planning Division
1. An Inclusionary Housing Agreement will be recorded against the property,
approved by the Executive Director of Community Development and the
City Attorney prior to issuance of building permit.
2. Two copies of the recorded final tract map shall be submitted each to the
Planning Division, Building Division and Public Works Agency within 10
days of recordation.
3. The tentative tract map, final map and all improvements required to be
made or installed by the subdivider shall be in accordance with the
requirements and design standards and specifications of the City of Santa
Ana and the requirements of the State Subdivision Map Act.
4. Two copies of the recorded final map and CC &Rs shall be submitted each
to the Planning Division, Fire Department, Building Division, and Public
Works Agency within 10 days of recordation.
5. After project occupancy, landscaping is to be maintained in accordance
with the landscape plan approved for the project. This shall include the
minimum levels of plant materials shown on the landscape plan and
installed at the time of occupancy.
6. A fencing plan showing the location of all project fencing and the materials
to be used must be submitted to the Planning Division prior to submittal
into building plan check.
7. All real estate signage must be removed from the site within one year from
the date of installation. An extension of time may be granted as
determined by the Planning Manager
EXHIBIT "A"
Resolution No. 2013-
75 C -68 Page 6 of 8
November 4, 2013
Page 2 of 2
8. The final map must be approved and recorded prior to issuance of building
permits.
9. Development within the area of the map is subject to development and
permit fees in effect at the time of permit issuance.
10. Development within the area of the map is subject to design and
development standards in effect at the time of permit issuance.
11. The project must be in compliance with the provisions of Site Plan Review
(DP No. 2013 -02).
12. The required Inclusionary Housing Plan and Inclusionary Housing
Agreement shall comply with the procedures for establishing eligibility and
applicant priority contained within the Housing Element as it may be
adopted and amended by the City Council. At a minimum these eligibility
criteria shall give priority to tenants /buyers whose household income is on
the lower end of the applicable income range and tenants /buyers who are
residents of Santa Ana. The provisions of the Inclusionary Housing Plan
must be fully implemented prior to any issuance of Certificate of
Occupancy.
Resolution No. 2013-
75 C _69 Page 7 of 8
Conditions of Approval for Site Plan Review No. 2013 -04
Site Plan Review No. 2013 -04 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 California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this approval.
The applicant must remain in compliance with all conditions listed below throughout the life
of the site plan approval. Failure to comply with each and every condition may result in a
building permit not being issued.
A. Planning Division
1. All proposed site improvement must conform with Site Plan Review approval
of DP No. 2013 -02.
2. Any amendment to this site plan must be submitted to the Planning Division
for review. At that time, staff will determine if administrative relief is available
or the Planning Commission must amend the site plan approval.
3. A detailed fence plan for the entire project including the height, design and
materials shall be submitted and approved prior to issuance of building
permit.
4. A common area amenity plan including the design of the shade structure,
materials and furniture shall be submitted and approved prior to issuance of
building permit.
5. The required Inclusionary Housing Plan and Inclusionary Housing
Agreement shall comply with the procedures for establishing eligibility and
applicant priority contained within the Housing Element as it may be
adopted and amended by the City Council. At a minimum these eligibility
criteria shall give priority to tenants /buyers whose household income is on
the lower end of the applicable income range and tenants /buyers who are
residents of Santa Ana. The provisions of the Inclusionary Housing Plan
must be fully implemented prior to any issuance of Certificate of
Occupancy.
EXHIBIT "B"
Resolution No. 2013 -
75C -7O Page 8 of 8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
PUBLIC HEARING —ZONING ORDINANCE
AMENDMENT NO. 2013 -03, SITE PLAN REVIEW
NO. 2013 -05, INCLUSIONARY HOUSING PLAN
AND AGREEMENT FOR A NEW MULTI - FAMILY
RESIDENTIAL DEVELOPMENT AT 301 EAST
JEANETTE LANE — VINEYARD DEVELOPMENT,
APPLICANT
CITY MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
•:• o,
❑
As Recommended
❑
As Amended
❑
Ordinance on 1s` Reading
❑
Ordinance on 2 n Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2013 -14.
2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -03.
3. Adopt a resolution approving Site Plan Review No. 2013 -05 as conditioned.
4. Approve an Inclusionary Housing Plan and Agreement authorizing payment of an in -lieu fee.
PLANNING COMMISSION ACTION
On October 14, 2013, the Planning Commission recommended that the City Council approve and
adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review
No. 2013 -14; adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -03; and adopt
a resolution approving Site Plan Review No. 2013 -05 as conditioned by a vote of 6:1 (Yrarrazaval
dissenting) to allow the construction of a multi - family residential project with 182 units at 301 East
Jeanette Lane. The Planning Commission made no changes to the recommendations and
conditions outlined in the attached staff report (Exhibit A).
DISCUSSION
In addition to the actions taken by the Planning Commission, the applicant has requested to satisfy
the Housing Opportunity Ordinance by payment of a one -time fee. The Housing Opportunity
Ordinance allows payment of a fee if substantial evidence supports that the cost of providing
inclusionary units on -site would substantially exceed the amount of the in -lieu fee. The amount of
the fee is based on the affordability gap associated with fulfilling the required affordable housing
7501-1
ZOA No. 2013 -03, SPR No. 2013 -05 &
Inclusionary Housing Plan and Agreement
November 4, 2013
Page 2
units on -site within The 301 residential development project. With the assistance of Keyser
Marston, a consultant in affordable housing financial analysis, a calculation was performed to
determine the fee amount. The fee calculation is based on the affordability gap of $10,900.00 per
unit which equates to a total in -lieu fee of $1,977,000 and by code requires payment prior to
issuance of a building permit for any portion of the project. Further, Keyser Marston has evaluated
the request and determined that including affordable units in high density and /or luxury projects
could be more expensive than paying the-in-lieu fee. The in -lieu fee is measured solely off the
affordability gap between the market rent and the defined affordable rent. It does not take into
account the cost of constructing the unit. The affordability gap is a good measurement of the impact
of the inclusionary requirements. In this case, the cost to provide the inclusionary units on -site
exceeds the amount of the calculated in -lieu fee. This finding is necessary to substantiate the
payment of the fee in -lieu of providing the units on -site. These actions allows for the construction of
a new multi - family residential project on a two -acre vacant parcel located at City Place.
FISCAL IMPACT
Funds received will be deposited into the Inclusionary Housing Fund account (no. 41718002-
57896).
4
ay M. Trevino
Executive Director
Planning and Building Agency
SK:rb
Wreports \The 301 AA. cc
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez ,SfL
Executive Director
Finance & Management Services Agency
Exhibit: A. Planning Commission Staff Report
B. Inclusionary Housing Agreement
75D -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
OCTOBER 14, 2013
TITLE:
PUBLIC HEARING — ZONING ORDINANCE
AMENDMENT NO. 2013-03 AND SITE PLAN
REVIEW NO. 2013 -05 FOR A NEW MULTI - FAMILY
RESIDENTIAL DEVELOPMENT AT 301 EAST
JEANETTE LANE
Prepared by Sergio Klotz
Executive Director
RECOMMENDED ACTION
Recommend that the City Council:
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
•
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
14�I►111l 119!i[k
L�lk tLi b �oK-_
Plannint Manager
1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2013 -14.
2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -03.
3. Adopt a resolution approving Site Plan Review No. 2013 -05 as conditioned.
DISCUSSION
Reauest of the Applicant
Mr. Ryan Ogulnick with Vineyard Development is requesting approval of an amendment to an existing
specific development zone (zoning ordinance amendment) and site plan review to allow the
construction of a multi - family residential project with 182 units at 301 East Jeanette Lane.
Project Location and Site Description
The proposed project lies within the City Place development (SD -59), a master planned, 18 -acre
mixed -use project located on the north side of Memory Lane between Main Street and Lawson Way
to the city border.
The subject site is situated on an approximately two acre vacant parcel located on the northeast
portion of City Place and generally bounded by Lawson Way on the east, Jeanette Lane along the
south to the existing City Place development to the west and to the city border on the north. The
subject site is located within Specific Development No. 59 (SD -59) zoning district and has a General
Plan Land Use designation of District Center (DC), which permits residential development.
Currently, the City Place area is developed with approximately 58,000 square feet of retail space, 73
live -work units and 112 residential townhome units.
EXHIBIT A
75D -3 4
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 2
Surrounding land uses include the Main Place Mall, commercial, retail and residential to the west;
Santiago Park, offices and parking structure to the south; a senior residential development and
offices to the east; and retail, offices and parking structure to the north (Exhibits 1 and 2).
City Place (SD -59)
Project Description
The City Place land use, planning and design provide a mixture of uses within a common setting. It
stresses a people oriented environment where pedestrian and automobile traffic can co -exist on -site to
create an experience of urban activity in a safe and high quality setting.
City Place has been designed with the commercial component oriented to the west end of the site and
the residential component on the east. The site has been aligned to allow the development to have a
greater presence along all of the frontage streets. The location of the buildings along Main Street, a
commercial corridor, provides a link to the corridor and a visual connection to the Main Place shopping
mall.
75D -4
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 3
Currently, the City Place commercial component includes approximately 57,700 square feet of retail
and restaurant space. Mother's Market and several restaurants such as Corner Bakery, The Habit,
Z Pizza and the newly opened Chipotle operate within the commercial center. Additionally, other
commercial uses include a Pinkberry's, Coffee Bean, Bank of the West and a nail salon continue to
serve the area.
Seventy -three live -work lofts have been completed extending from Main Street to the north along the
curved City Place Drive to Memory Lane. The design of the loft units provides storefronts, pedestrian
level windows, zero setbacks and a height that is consistent in mass, scale and rhythm with other
structures in the area.
The townhouse component provides two designs: The Courtyards and The Park. Both the Courtyard
and Park designs provide residential units with front doors facing open areas or interconnected
walkways. These developments provide a total of 112 residential units.
The proposed project is a 182 -unit multi - family development consisting of one four -story building over a
podium parking garage containing two- levels of parking (Exhibit 3). Access to the project will be
provided from Jeanette Lane with vehicular access taken from the newly created North Road. A
description of each of the project components is provided in more detail below. An analysis of each of
the project features will be provided in the Project Analysis section of the report.
Unit Mix — The project is proposed to consist of a mix of unit types ranging in size from 744 square
feet for the smallest one - bedroom unit to 1,260 square feet for the largest unit, a two- bedroom unit.
Table 1 below provides a breakdown of the units within the project.
Tahle 1 — Unit Mix
The 301 Unit Summary
Unit Type
Units Proposed
Percent of total
Square Footage
1 bedroom
125
69%
540 -815
2 bedroom
56
30.7%
860 -1,260
3 bedroom
1
.03%
1,145
Total
182
100%
n/a
Parkin — Parking for the project is proposed to be provided within a two -level semi - subterranean
parking structure, which will consist of one level above grade and one level semi - subterranean. The
overall parking ratio is proposed at 1.8 spaces per unit, regardless of bedroom count, for a total of 328
spaces. The applicant proposes to provide an additional 36 spaces of guest parking or 0.2 spaces per
unit, for a total of 364 spaces — an overall parking ratio of 2.0 spaces per unit. The applicant proposes
to provide this parking in a combination of standard single -car stalls and tandem stalls. Table 2 details
the proposed parking.
75D -5
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 4
Table 2 — Pro sed Parking Summary
The 301 Proposed Parking Summary
Proposed Parkin
Apartment unit parking
1.8 spaces/unit
328 spaces
Guest parking
0.2 spaces/unit
36 spaces
Total
2.0 spaces/unit
364 spaces
Proposed Parking Stall Type
Standard single-car stall
130 spaces 36%
Tandem car stall
234 spaces 64%
Architecture — The project's unique design creates three distinct courtyards that allow the building to
engage its residents as well as provide a visual connection to the surrounding neighborhood.
The east and west courtyards are oriented south towards the street, providing a dynamic landscape
that cascades down to the side walk at Jeanette Lane. The terraced garden forms a backdrop to a
public art piece and lobby entrances at the east and west comers of the project. The center courtyard
forms a more intimate environment offering a pool, spa, and garden lounges for the residents. Large
cuts in the building along the south side of the courtyard craft distinctive sky deck patios, while letting
south facing light to filter into the open space below. The project will host a variety of additional
amenities for the residents, including a fitness center, resident lounge, and outdoor gathering facilities.
The project's bold material palette playfully juxtaposes the darker color of the exterior with the warmth
of the wood cuts that form French balconies for many of the street facing apartments. Interior
courtyards are designed with a lighter and more delicate screen of shifting wood slats. Many of the
project's walkways are outdoors along the courtyard perimeters, allowing for cross ventilation through
the units and the opportunity for residents to engage with the community's social activities.
The architectural style proposed for this mid -rise project is contemporary. Proposed building materials
include wood siding, fiber cement panels, wood louvers, wood board and batten, metal handrails and
aluminum doors and windows. The project includes a consistent roofline, varied facades and
architectural projections and overhangs at key locations, with the highest point of the building at
approximately 60 feet.
Amenities — Exterior amenities include water features, landscaping and public art. Two courtyards
and a podium level area will provide the majority of the open space. The courtyard areas will provide a
connection to the ground level, having direct pedestrian access to the street level. The courtyards are
defined by landscaping, decorative pavement, fire pits, seating areas and water features. The podium
level area will provide a pool and spa, outdoor barbeque area, fire pit, landscaping and seating areas.
The project is proposed to have two additional amenity areas: a resident lounge located on the second
level of approximately 950 square feet and a fitness center of approximately 1,540 square feet is also
proposed. The project will also provide two first floor lobbies and a leasing office.
75D -6
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 5
Building Height — The proposed structure provides a podium design with four residential floors above
two levels of parking. The lower level of parking is semi - subterranean and the upper level of parking
sits atop. The height of the top of the parapet from the lowest adjacent existing grade is 59 feet.
Open Space — The project proposes three large outdoor courtyards, two 'skycourts', private decks and
common area amenities. The open space proposed equates to a total of 205 square feet of open
space per unit. All of the open space will be located above ground level with the majority atop the
podium level. Of the 182 units, 10 units will have private open space in the form of balconies or patios.
The remainder of the open space is aggregated within the courtyards, common area amenities and
'skycourt' areas.
Landscaping — The project proposes to provide perimeter landscaping to a standard of 18 feet along
Lawson Way, 6.5 feet along Jeanette Lane, 10 feet along Jeanette Way and 3 feet along the North
Road. The project interior also includes landscaping within the courtyard areas.
Proiect Backaround
The 301 parcel is part of the larger master plan called City Place, a mixed use development plan that
was approved by the City Council via a Specific Development (SD -59) zone on May 3, 1993. In 2004,
the City Place mixed -use development entitlements were approved. At that time, the City Council by
way of a development agreement required the developer to investigate the feasibility of developing a
high rise project on the subject two acre site. As a result, in 2007 the developer proposed a high rise
residential project on the site. Unfortunately, due to financial constraints the project was withdrawn with
no entitlements issued. In early 2012, Vineyard Development filed plans in order to construct The 301
project. With the exception of the subject site, the remainder of the property has been fully developed
with a mix of commercial, live -work units and townhomes.
General Plan and Zonina Analysis
The General Plan land use designation for the site is District Center (DC), which allows for major
development sites such as the multi - family residential development. District Centers are designed to
serve as anchors to the City's commercial corridors, and to accommodate major development
activity. The project site is consistent with this General Plan land use designation. The site is
surrounded by residential, retail uses and Santiago Park to the south and west; office and commercial
development to the north; office and a care facility to the east.
The zoning for the site is for City Place a mixed -use development, Specific Development District
No. 59 (SD -59). This zone allows for a mix of uses including office, restaurant, retail and residential
land uses. The applicant has requested several amendments to SD -59 in order to allow for an
increase in the total number of units permitted on the development site, establishment of a multi-
family parking ratio for the project and to allow tandem parking, an increase in building height and
an amendment to the open space requirement. With these amendments, the proposed project
would be consistent with the zoning designation (Exhibit 4).
75D -7
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 6
Project Analysis
Zoning Ordinance Amendment — The applicant is requesting amendments to the existing zoning, SD-
59 to allow a multi - family use, increase the maximum number of permitted residential units on the
development site, establish a multi- family parking ratio, allow for the use of tandem parking stalls,
increase the building height and adjust the open space location requirement. Each of these requested
amendments is analyzed in more detail below.
Multi- family Use and Increase in Maximum Number of Residential Units — SD-59 currently allows a
maximum of one single family residence per acre of land on the subject parcel. At the time of the City
Place development entitlements, the City Council approved a development agreement and established
zoning regulations for the single family requirement to allow the developer an opportunity to evaluate
high rise potential on the site. Any future amendment would require a zoning action by the Council.
Since that time, the development agreement has expired and Mr. Ogulnick, along with past developers,
have expressed to staff that high rise development is not economically feasible. The 301 is proposed
to contain 182 multi- family units, which exceeds the maximum permitted units and provides a new land
use — multi - family use. The applicant is requesting an amendment to SD -59 to increase the maximum
number of permitted units to 182 as well as allow a multi- family use. Amendments to SD -59 are
needed to Part Il.1.j (Permitted Land Uses). It is recommended that this section be modified to allow
the 182 unit multi- family land use.
Establish Multi- Family Residential Parking Ratio — Additionally, amendments are needed to establish
parking requirements for multi - family residential uses. SD -59 currently does not contain a multi - family
parking ratio. As proposed, the project will provide a total of 364 spaces at an overall ratio of 2.0
spaces per unit, regardless of bedroom count, and inclusive of guest parking. Due to the absence of
multi - family parking standards within SD -59, the requirements contained within the Santa Ana
Municipal Code would apply or a ratio must be established.
The following table provides a comparison.
Table 3 — Parking Standards Comparison
SAMC
SD -59 Standards The 301
1space + No. of bdrms
NA 328 spaces + 36 guest (364 total)
plus
or
25% guest
2.0 /unit
For purposes of further comparison, the following table shows the parking ratios used for recent multi-
family projects.
Table 3a — Multi - Family Parking Ratio Comparison
Recent Multi-Family Parking Ratio Comparison
The Marke
(SD -43
The Met
SD -43
1901 East First Street
Metro East Overlay)
The 301
(City Place)
2.2
2.2
2.0
1 2.0
75D -8
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 7
In an effort to further understand multi - family parking demands and the use of tandem parking design a
parking study was conducted by Fehr & Peers, a traffic consulting firm and is attached as Exhibit 5.
The study evaluated parking ratios for similar multi - family projects and the use of tandem parking. The
study concludes that the total number of parking spaces is sufficient to accommodate the highest
anticipated parking demand and that the tandem parking arrangement is in line with other similar
successful projects.
Staffs parking approach is one that reflects the setting of a project. In this particular case, The 301
project is located within the City Place mixed use development, a development showcasing a mixture
of compatible uses such as retail, restaurant and service uses, as well as, live -work and townhome
units within a walkable community. Further, the project is located within one of the City's designated
District Centers offering an opportunity for more intense uses to be located within close proximity of
one another and as such allowing connections that allow a more walkable environment. With the
Westfield Mall located across the street from City Place and the Discovery Science Center in close
proximity, the pieces are in place to foster and encourage a more complete approach — walking, biking
and mass transit. Additionally, the unit mix proposed within The 301 includes one and two- bedroom
units, with one three - bedroom unit is appropriate given the current mix of unit types within City Place,
three and four bedroom units. A parking ratio of 2.0 takes into account that some but not all of the one-
bedroom units will contain two residents; and therefore, not need two parking spaces and as such
provides a higher per bedroom parking ratio. As an example, the residential units at City Place have a
parking ratio of 2.4 parking spaces per unit regardless of bedroom count. When compared, The 301
project provides a higher per bedroom parking ratio. Staff recommends that Part III.A.4 (Development
Standards - Parking) of SD -59 be amended to reflect the overall ratio of 2.0 parking spaces per unit
inclusive of guest parking.
Allowance for Tandem Parking to Satisfy Parking Requirement — The Santa Ana Municipal Code
contains provisions for tandem parking to satisfy some portion of any required parking, but only for
commercial development. SD -59 does not contain any specific standards allowing the use of tandem
parking within the project area although a small percentage of the existing residential uses within City
Place provide individual tandem garages.
As proposed, the applicant is requesting an amendment to SD -59 that would allow for tandem parking
up to 64 percent of total parking.
The Fehr & Peers Parking Study and research found that tandem parking is an industry- accepted
practice that can be successful if it is used primarily for units with no more than two occupants and if
the stall is assigned to a specific unit. The proposed project has a corresponding percentage of
tandem units to one - bedroom units, which lends itself to the appropriate assignment of parking
resources. In addition, the applicant will be required to submit a parking management plan, which will
detail the procedures for addressing any operational issues that might arise. As previously discussed
in the parking ratio section, The 301 is located in a setting that provides a complete array of uses to
support a walkable environment, more so than almost any other area of the City outside of the
downtown. The setting, which supports reduced auto use, further substantiates the use and
percentage of tandem parking.
7501-9
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 8
Staff recommends a modification to SD -59 to allow no more than 64 percent of the overall parking
spaces to be in a tandem configuration provided a parking management plan is approved addressing
items such as the need to link percentage of tandem with percentage of one - bedroom units.
Open Space Requirement — The open space provision within SD -59 requires that each residential
development provide usable open space at a rate of square feet per unit at the ground level.
The applicant estimates that the project provides for 205 square feet of open space per unit. The open
spaces are located within three courtyards, fitness room, two lobbies, open decks and private patios.
The applicant is requesting an amendment to SD -59 in order to allow the required open space to be
located on levels other than the ground level. The project design does not lend itself to achieving
ground level open space. Open space at or above the podium level is an accepted practice in this
design due to most, if not all, of the units being located at or above the ground level. Staff
recommends an amendment to Part III.A.5 (Development Standards -Open Space), to allow The 301
open space to be located above the ground level.
Building Height — The overall building height measures 59 feet from the lowest adjacent grade. SD-
59 allows a maximum building height of 50 feet consistent with the current development within City
Place. Surrounding structures within City Place measure up to 50 feet in height. Other structures
outside of City Place include a large parking structure and office building immediately to the north.
Staff supports an amendment to Part III.C.1 (Building Height) an increase to 59 feet and thereby
allowing the project as designed and compatible in height with the surrounding area.
Public Art — SD -59 identifies a requirement to provide public art. The provision requires art valued
at one -half of one percent (.5 %) of the value of the overall project construction valuation, for the
installation on the site, at a prime location visible to the public, of permanent work(s) of public art.
The work(s) of public art shall be subject to review and approval by the Planning Commission and in
place prior to the issuance of any certificate of occupancy for the project and shall be maintained in
perpetuity by the property owner(s).
inclusionary Housing — Santa Ana Municipal Code Article XIX, Housing Opportunity Ordinance
(HOO) requires all residential development over five units and requesting zoning amendments that
would allow the use or an increase in the allowed density subject to the provisions of the ordinance.
Compliance with the provisions includes 15 percent of the proposed units to be affordable units or
28 units. An applicant has the ability in lieu of providing the units on -site to pay a fee subject to City
Council approval. The applicant has chosen to pay a fee rather than provide the units within the
development.
75D -10
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 9
Site Plan Review
Section 41- 593.5(c) of the Santa Ana Municipal Code requires a review by the Planning Commission of
all plans within a specific development plan area to ensure the project is in conformity with the plan's
development standards. As previously discussed, the proposed project lies within the City Place
Specific Development (SD -59) and the applicant has requested several amendments to the SD in
order to accommodate the project. In addition to analyzing the project's conformance with the zoning
standards, site plan review also addresses project features such as architecture, landscaping,
amenities, public realm features and building materials.
Public Notification
As required by the recently adopted Sunshine Ordinance, the applicant held a neighborhood
meeting on January 25, 2013 at the Bowers Museum in the Gloria and Si Fluor and Family Gallery.
At that meeting a total of 14 members from the public attended. During the meeting, several owners
of units within the City Place development expressed concern with the project. The minutes from
this meeting are provided as Exhibit 6.
The project site is not located within a neighborhood association, but is adjacent to the Park
Santiago Neighborhood Association. Given Park Santiago's involvement in the entitlements for City
Place, City staff directed the applicant to meet with the Association to discuss and review the
project. A meeting occurred on May 1, 2013.
Finally, the contacts for this Neighborhood Association were notified by mail 10 days prior to this
public hearing.
Further, through the California Environmental Quality Act process, the neighborhood contacts, as well
as adjacent properties and public agencies were notified of the release of Mitigated Negative
Declaration (MND) prepared for the project and invited to provide comments. The notice identified the
environmental process, availability of documents and contact information.
The project site itself was posted with two notices advertising this public hearing, a notice was
published in the Orange County Reporter and mailed notices were sent to all property owners and
occupants within 500 feet of the project site, as well as concerned citizens listed on the Permanent
Notification List. The City received written comments on the MND, which are contained within the
Final MND. At the time of this printing, no additional correspondence, either written or electronic,
had been received from any members of the public.
75D -11
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 10
CEQA Analysis
As part of the City's permitting process, the proposed project is required to undergo an environmental
review in accordance with the California Environmental Quality Act (CEQA). In accordance with the
CEQA, the recommended actions have been reviewed through a Mitigated Negative Declaration
(MND), Environmental Review No. 2013 -14. Section 15063 of the State CEQA Guidelines and
Sections 15070 -15075 of Article 6 guide the process for the preparation of a mitigated negative
declaration.
This MND, as required by CEQA, contains 1) a project description; 2) a description of the
environmental setting, potential environmental impacts, mitigation measures for any significant effects,
and consistency with plans and policies; and 3) names of preparers. The mitigation measures included
in this IS /MND are designed to reduce or eliminate the potentially significant environmental impacts
described herein. The scope of the MND evaluates the proposed project's effects on the following
resource topics:
• Aesthetics
• Agriculture and forest resources
• Air quality
• Biological resources
• Cultural resources
• Geology and soils
• Greenhouse gas emissions
• Hazards and hazardous materials
• Hydrology and water quality
• Land use and planning
• Mineral resources
• Noise
• Population and housing
• Public services
• Recreation
• Transportation /traffic
• Utilities and service systems
75D -12
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 11
The City prepared a draft MND and posted the Notice of Intent (NOI) to adopt an MND at the
Orange County Clerk's office; the NO1 was published in the Orange County Register on August 1,
2013. The City circulated the draft MND for a 34 -day public review between August 1, 2013 and
September 3, 2013. The draft MND was available for public review at the Santa Ana City Hall, the
City of Santa Ana Main Library, and on the City's website.
This final IS /MND contains the original draft IS /MND as published, as well as comments received on
the draft IS /MND and the responses of the lead agency to significant environmental points raised in the
review and consultation process. The intent of the final IS /MND is to provide a forum to air and
address comments pertaining to the analysis contained in the draft IS /MND and to provide an
opportunity for clarification, corrections, or minor revisions to the draft IS /MND as needed. Comments
were received during the public review period. Pursuant to Section 15088 of the State CEQA
Guidelines, the City, as the lead agency for the project, has reviewed all comments received on the
draft IS /MND (Exhibit 7).
As a result of the environmental analysis, mitigation measures have been provided to address
potential environmental impacts. A list of these mitigation measures are found within the MND
document. Mitigation measures have been outlined to address potential impacts on aesthetics, air
quality, cultural resources, geology and soils, noise, and transportation and traffic.
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
recommend that the City Council approve Zoning Ordinance Amendment No. 2013 -03 and Site Plan
Review No. 2013 -05 as conditioned.
G- 'r
Sergi lotz, AICP
Principal Planner
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WrepoMkThe 301 AA 101413.m
Attachments:
Exhibit 1 — General Vicinity Map
Exhibit 2 — Land Use Map
Exhibit 3 — Site Plan, Floor Plan, Building Elevations, Landscape Plan
Exhibit 4 — Specific Development No. 59 (SD_59) Amendments
Exhibit 5 — Parking Study
Exhibit 6 — Sunshine Meeting and minutes
Exhibit 7 — Final Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program
75D -13
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75D -14
ZOA 2013- 03 /SPR 2013 -05
RYAN OGULNICK
301 JEANETTE LANE
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APPLICABILITY OF ORDINANCE
The specific development zoning district, as authorized by Chapter 41, Division
26, of the Santa Ana Municipal Code, is specifically subject to the regulations
contained in this ordinance for the express purpose of establishing use district
regulations. All other applicable chapters, articles and sections of the Santa Ana
Municipal Code shall apply unless expressly waived or superseded by this
ordinance. Use district regulations established in Chapter 4l, Article III, of the
Santa Ana Municipal Code for zoning districts other than the SD zoning district
may be incorporated herein by reference.
PURPOSE
The Specific Development No. 59 (SD -59) use district regulations are hereby
established for the express purpose of protecting the health, safety and general
welfare of the City by encouraging the use of innovative planning concepts and
principles and promoting and enhancing the value of properties and encourage
orderly development.
The SD -59 regulations will establish a professional district that will entitle 57,700
square feet of commercial space at the northeast corner of Main Street and
Memory Lane with 187 for sale and 182 rental residential units further to Lawson
Way. This area will be a mixed use district with eating establishments, support
services and a residential component consisting of live -work, and townhouse units
and multi - family apartments.
EXHIBIT 4
75D -61
PART 1. GOALS, OBJECTIVES AND POLICIES
City Place Specific Development District is located within the northern area of the
City. The City Place Specific Development District encompasses a large vacant
property bounded by Main Street to the west, Memory Lane to the south, Lawson
Way to the east and the City boundaries to the north. A regional mall,
professional offices, a senior care facility and Santiago Park surround the project
site.
The City Place Specific Development District maintains a commercial corridor
along Main Street while introducing a residential character along the eastern
portion of the district, with a mixture of live -work, aad townhome buildings and
multi - family apartments. The City Place mixed -use project is intended to be an
addition to the commercial corridor and an infusion of housing to the district
along the north Main Street section of the City. In addition, the mixed use plan
for this site will result in the project becoming a node, or place of activity. The
objectives of the City Place Specific Development Plan includes the provision of
the following:
A long -tern development that is of the highest architectural quality
and design;
2. A landscaping plan that is complementary to a large scale mixed
use development;
3. An exciting and visually cohesive development as viewed both
internally and extemally;
4. A bold but integrated sign program suitable for a mixed use project
of this scale and scope;
5. A development that is consistent with the District Center
designation of the General Plan and which implements the spirit
and intent and policies of the General Plan;
6. Concentrated and internally integrated development rather than
development that spreads activities into adjacent residential
neighborhoods;
7. A development that provides special design themes which are
expressed in building appearance and configuration, street and
pedestrian area design, landscaping, lighting and signage, and also
provides for pedestrian linkages internally and to the surrounding
neighborhood, traffic and service buffering and transitions in
architectural scale and character;
75D -62
Provision of off - street parking sufficient to service the
development, consistent with the mix of uses contained in the
project;
9. Provision or replacement of public streets, sidewalks, sewers,
storm drains, traffic signals, lighting systems, and other public
facilities and improvements, as necessary;
10. Opportunities for cultural amenities and facilities serving the visual
and performing arts which are open for public patronage:;
11, A landmark mixed -use project along north Main Street across from
Main Place Mall.;
12. Maintain the existing streetscape pattern including sidewalk
design, mature trees and light fixtures.;
13. Introduce a mixture of multi - family housing types to the district.;
14. Provide a mixed -use project in scale and character with established
commercial and residential structures along the north end of the
district-.Land
15. Enhance the pedestrian experience through the development of
new plaza areas and water features throughout the project as well
as the intersection of Main Street and Memory Lane.
75D -63
PART 11. PERMITTED LAND USES
The categories of land uses to be included within the project area are: banks and
similar financial institutions, retail and restaurants. In addition multi- family
residential uses (excluding live -work units) are permitted. If a use is for any
reason omitted from those specified as permissible or if ambiguity arises
concerning the approximate classification of a particular use within the meaning
and intent of this Plan, the determination shall be at the discretion of the Planning
Manager. Such decision may be appealed to the Planning Commission whose
decision is final.
Permitted Uses.
a. Within Buildings A, B, C and D (as identified on site plan), the
following uses are permitted:
b. Retail sales uses including but not limited to clothing stores or
boutiques; florists; news - stands; pet stores; photography studios;
video stores; office and computer equipment book and stationery
store; camera shop; shoe store sporting goods store; art gallery;
craft store; cultural displays and related merchandising; bicycle
store; pharmacies and drug stores; fabric shops; jewelry shops;
furriers, design and furniture centers; cookware and gourmet
specialty shop; office furniture store.
C. Full service cafes and restaurants which may include incidental
take out service. Full service cafes and restaurants shall be limited
to those that provide sit -down dining areas and exclusive table
service for ordering and delivering meals and beverages.
d. Day care facilities
e. Museums and libraries
f. Theaters
g. Within Building E, as identified on site plan:
Retail use with a minimum of 25,000 square feet.
h. Within the Courtyards and The Park, as identified on site plan:
Multiple family residences as condominiums.
75D -64
ii. Uses incidental or ancillary to any residential use, such as
swimming pool, sauna, jacuzzi, benches, playgrounds,
BBQ and other outdoor recreational facilities.
Within The Lofts, as identified on site plan:
Permitted uses as identified in Section A. 1 -5, 8, 9 and 11.
ii. Uses incidental or ancillary to any residential use, such as
swimming pool, sauna, jacuzzi. benches, playgrounds,
BBQ and other outdoor recreational facilities.
Within Lot 1, as identified on Vesting Tract Map No. 2004 -06
(County No. 16565):
Single family residenees eta maximufn density of one un;t
per aere. One hundred and eighty two 082) unit multi-
family use.
k. Ancillary uses to commercial area:
A maximum of five permanent outdoor sales kiosks or
carts. The size and location of each Kiosk or cart shall be
approved on a mastetplan of such uses by the Planning
Commission prior to their construction or installation.
2. Conditionally Permitted Uses
The following uses are permitted upon the approval of a conditional use
permit in accordance with the Santa Ana Municipal code:
a. Within Buildings A, B, C and D (as identified on site plan):
i. Uscs open between midnight to 5:00 a.m.
ii. Banquet facilities, subject to development and operational
standards set forth in 41- 199.1.
iii. Nightclubs, bars and indoor entertainment uses whether
freestanding or part of another permitted or conditionally
permitted use, except adult entertainment businesses.
iv. Establishments selling or serving alcoholic beverages.
Coffee houses houses or similar uses not specifically listed
in Part 11, Section I.d. of this ordinance.
75D -65
vi. Parking structures
b. Within The Lofts, as identified on site plan:
i. Live -work communities
ii. Ceramic and pottery studios
iii. Glass blowing and sculpturing studios
iv. Coffeehouses
V. Temporary residential model complex and office
C. Within The Courtyards and The Park, as identified on site plan:
i. Temporary residential model complex and office
d. Within Building E, as identified on site plan:
i. Retail grocery markets which are open at any time between
the hours of midnight and 5:00 a.m.
e. Within the commercial component area:
i. Certified Farmers Market for the sale of vegetables, fruits
and other agricultural products on weekends and holidays
only from 6 a.m. to 2 p.m.
ii. Community oriented live performance theater.
3. Uses Not Permitted
a. Schools, private or public.
b. Medical office or clinics.
C. Commercial uses with vehicular dive - through lanes or windows
(i.e. drive - through restaurants, pharmacy or similar uses) are
prohibited.
d. Fast food or exclusively take -out restaurants.
e. All other uses not expressly permitted or conditionally permitted in
this ordinance
6
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75D -67
PART III. DEVELOPMENT STANDARDS
The City Place Specific Development District is intended to allow the development
of a mixed -use project maintaining a commercial presence along Main Street, while
introducing a mixture of multiple family housing to the eastern portion of the
development site. The following general development standards are applicable to
this project:
A. Floor Area Ratio /Density.
The following sets forth the maximum allowable floor areas for the
various permitted use classifications of the project. The overall Floor
Area Ratio ( "FAR ") of the Main Street Concourse project of
approximately 2.54. This FAR represents the maximum intensity of
development for the site.
Floor Area Ratio (F.A.R.)
The maximum floor area ratio for the project site shall be 2.54. The
FAR is calculated by dividing the total square footage of the
structures by the total square footage of the project site. Consistent
with the General Plan, parking structures are not included in the FAR
calculation.
2. Parcel Size
The City Place development project site is 17.7 acres. Subdivision of
the parcel shall be consistent with Vesting Tract Map No. 2004 -06
(County No. 16565). In no case shall commercial buildable parcels be
less than 6 acres in size and residential buildable parcels be less than 2
acres in size.
Screening
All appurtenances shall be located outside any required setback
and shall be screened from view.
4. Parking
A. As a mixed -use development, the Specific Development
standards recognize the opportunity to share parking
amongst the mixture of commercial uses. In addition the
SD 59 acknowledges that the mix and proximity of
residential units and commercial space allows for the
opportunity for a variety of transportation modes, primarily
walking as an alternative. As such, the following parking is
required:
75D -68
a. Parking has been calculated utilizing the Urban
Land Institute methodology for shared parking. As
such, the following square footage can be utilized
within the commercial area of the City Place
development project:
For the first 23,300 square feet of restaurant,
33,800 square feet of retail, the parking
requirement shall be 410 parking spaces.
ii. Any additional development above item
4A.a. i. shall be parked pursuant to the
City's parking standards then in effect.
b. Lot 1 of Vesting Vesting Tract Map No. 2004 -06
(County No. 16565) Mulit - family Residential 13n
Parking
L One, two and three bedroom units shall
provide 1.8 two parking spaces per unit.
ii. In addition to items 4.b.i, 0.2 parking spaces
shall be provided as guest parking.
iii. Up to 64% of the required tenant parking
(item 4.b.i) shall be designed in a tandem
configuration.
be. Parking Setbacks
Internal Loop Road:
The minimum required setback for the
parking area is 15 feet as measured from edge
of sidewalk.
ed. Screening
All appurtenances shall be located outside any
required setback and shall be screened from view.
de. Landscaping:
75D -69
Landscaping throughout the project shall be
in compliance with the landscape plan
attached.
ii. The landscape plan shall be fully
implemented prior to the issuance of any
certificate of occupancy.
5. Open Space
a. A minimum ground level open space shall be provided at a
minimum rate of 60 square feet per unit. This ground level
open space shall be centrally located on the site to provide
access to all units.
Private open space shall be provided at a minimum rate of 50
square feet per unit.
h. Item 5.a.shall not apply to Lot 1 of Vesting g esting Tract Map
No. 2004 -06 (County No. 16565). A minimum of open space
at a rate of 205 square feet per unit shall be provided. The
oven space shall be located throughout Lot 1 to provide access
to all units. Such open space shall provide at minimum the
following: excercise pool, water features, firevits, seat walls,
tables, chairs, chaise lounges as well as mature landscaping,.
6. Signage
a. All signage shall comply with the Santa Ana Municipal
Code.
b. Prior to issuance of any sign permits or certificates of
occupancy for any building or portion thereof, a
comprehensive sign program for the entire site, including
directional signs and graphics, shall be submitted to and be
approved by the Planning Division.
Plaza and Fountain Design
a. The overall plaza design theme shall incorporate a
minimum of 6 major pedestrian -level water features within
the commercial component and 7 pedestrian level water
features elements within the residential component.
b. The plaza landscape palette must include a minimum of
four (4) tree species, to be approved by the Landscape
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75D -70
Development Associate prior to the issuance of any
building permit. The minimum established size for palm
trees shall be 30 feet brown trunk height. Non -palm tree
species shall be a minimum of 20 feet in height and 60 -inch
box.
C. Exterior kiosks, carts or other temporary outdoor uses are
not allowed unless specifically submitted to and approved
by the Planning Commission as ^ °a y °i" in r'°^^ 5.a. as
this doeumertt.
d. Plazas shall incorporate seating, benches and landscaping
to provide visual interest and additional amenities within
the plaza.
e. Pedestrian amenities shall be provided such as lighting,
planters, unit pavers, and bicycle racks.
f. The color and appearance of the plaza furniture products
and other elements must complement the overall plaza
design and building architecture.
g. Benches and pedestrian seating shall be made of a durable
material such as concrete or painted iron and be designed to
minimize effects from vandalism, skateboarding and
weather.
h. Trash receptacles should be located in high- activity areas,
such as plazas and other public open spaces. The style
shall be compatible with other project furnishings.
Bike racks shall be provided at key activity locations within
the plaza.
j. All street furniture surfaces, pedestrian -level walls and
amenities shall incorporate graffiti resistant coatings.
k. Soft as well as hard surfaced areas shall be incorporated
into the Plaza area. Plaza area paving shall consist of
quality decorative elements.
Lighting height in the plaza area should be at a pedestrian
scale. A range between 16 feet and 22 feet in the plaza area
should be fully illuminated from dusk until dawn. The
overall lighting shall be maintained at one -foot candle and
incorporate other pedestrian - oriented lights, such as lighted
Il
75D -71
bollards. Uplighting of trees and other site features is also
required.
m. The required plaza area shalt include adequate provisions
for the on -going maintenance of all plaza and pedestrian
improvements.
n. Plans shall include design details, materials and provisions
for the on -going maintenance for all interior public areas
within the plaza area.
8. Public Art
a. Public art valued at one half of one percent of the overall
project construction valuation is required. The cost of any
water feature or portion thereof shall not be included for
purposes of complying with the public art requirement.
Public art may be comprised of multiple art pieces,
however, at least one such art piece shall be placed at the
northeast comer of the project site adjacent to Main Street
and Memory Lane. The public art should invite
participation and interaction, inspire, add local meaning,
interpret the community by revealing its culture or history,
and /or capture or reinforce the unique character of the new
place. A comprehensive Public Art Plan indicating
compliance with this requirement, and which proposes
specific pieces of art for specific locations or applications,
shall be submitted to the Planning Commission for review
and approval prior to issuance of any certificate of
occupancy. All public art approved by the Planning
Commission in the Public Art Plan shall be completely
installed prior to the issuance of any certificates of
occupancy for the project.
b. Art should be sited to complement features such as plaza or
architectural components so that the art is an integral part
of the development site.
C. Public art should be constructed using durable materials
and finishes including but not limited to stone or metal.
d. No art piece provided pursuant to the public art
requirement shall include advertising of any type, including
but not limited to products, services or businesses.
e. All public art provided pursuant to the public art
requirement shall be properly maintained at all times, be
free of any graffiti and shall not incorporate any flashing or
distracting form of illumination.
12
75D -72
f. All art pieces approved and installed pursuant to the Public
Art Plan shall remain on the project site and may not be
removed without the approval of the Planning Commission.
B. CC &Rs.
Reciprocal easements and Conditions, Covenants, and Restrictions
(CC &RS) tying the overall project together as an integrated development
and providing for joint access, ingress, egress, drainage, property
maintenance standards, trash pick -up operations, circulation and parking
management shall be recorded with the first final map prior to for the first
phase of development. The residential and non - residential portions may
be described in separate sections but they must be tied together by a single
master document. The Master CC &R's shall address trash and reciprocal
use rights in the residential and commercial components.
C. Building Height.
On any lot or portion of a lot�of the Specific Development Plan
area no building or structure shall exceed 59 0-feet in height, as
measured from the lowest adjacent finished grade.
D. Setbacks.
Setbacks at ground level are established to enhance pedestrian
space throughout the district, create compatible relationships
between existing and future building street elevations and
recognize opportunities to create new open space resources, such as
plazas, pedestrian ways and landscaped areas.
Except as otherwise indicated, all setbacks shall be measured from
the street side property line to the first building element or
structure. No building, structure, or parking facility shall encroach
into any required perimeter setback either at or below grade. For
the purpose of this Plan, a street side property line is that line
created by the ultimate right -of -way line of the adjoining public
street. Minimum setbacks are as follows:
a. Main Street (perimeter): The average building setback
shall be 19.5 feet. The minimum setback shall be 8 feet.
This setback area may include hardscape as shown on the
approved site plan.
b. Lawson Way (perimeter): The average building setback
shall be 18 feet. The minimum setback shall be 7 feet.
13
75D -73
Memory Lane (perimeter): The average building setback
shall be 11 feet 8 inches. The minimum setback shall be 3
feet 4 inches. Hardscape, landscape and water features
shall be provided in the required setback as shown on the
approved site plan.
d. City Place Eeneeurse Drive (interior street set backs): The
minimum setback shall be 15 feet measured from street
curb.
e. Jeanette Lane (interior street setback): The minimum
setback shall be 13 feet measured from street curb.
Required on -site perimeter landscaped setbacks shall not exceed an
aggregate 33% slope.
Within the interior of the project, retail canopies may project five
(5) feet into setback area.
E. Site Coverage And Open Space.
For purposes of this Section 6, open space shall not include private
streets or driveways, roadways or parking stalls. Open space does
include landscaping, walkways, and covered arcades.
2. Residential open space may be private common area or private
yard but shall in no event include any space provided in required
setback areas. The CC &Rs shall require that all residents be
allowed access to all residential common areas in the project,
subject to reasonable restrictions as may be imposed for security
and safety by property management. No required setback area
shall be calculated as required open space.
3. Individual parcels or lots will not be limited in site coverage. Each
parcel shall have a minimum 120 feet of street frontage.
4. Single family attached residential shall provide a minimum of 50
square feet of ground level private yard open space per unit, which
open space shall be adjacent to the living, dining or kitchen area of
each unit. Perimeter fence shall be provided and shall not exceed
five feet in height on the exterior and 42 inches on the interior.
Condominium units shall contain a balcony with dimensions not
less than six feet in any direction of private open space area.
14
75D -74
6. Pathways from the common area through the private yard open
space shall not be included in the calculation of private open space
area.
F. Parking.
Vehicular site access points will be provided from Lawson Way,
Main Street, end €fam Memory Lane, and €rem- Jeanette Lane and
North Road, as defined on the site plan.
2. There shall be no sharing of residential parking.
3. Parking gate locations and stacking distances shall comply with
applicable Department of Public Works policies.
4. No partitions, walls or other obstructions shall be built or placed
with the garages preventing the spaces from being used by
residents for the parking of vehicles.
5. Recreational vehicle, boats, trailers or similar storage is prohibited
on -site.
6. The townhouses shall be designed with vertical roll -up garage
doors, where applicable.
7. All paved areas shall be sloped to drain. Finished slope of areas
paved with asphalt concrete (AC) shall be not less than one
percent. Finished slope of areas paved with portland concrete
cement (PCC) shall not be less than one -half of one percent.
Portland Cement concrete gutters shall be installed to receive
drainage from asphalt concrete paved areas; such gutters shall be
not less than three feet in width.
Residential parking is calculated separate from commercial
designated parking and no provision is made for shared parking
consideration.
All parking areas shall be surfaced with material so as to provide a
permanent surface capable of withstanding the type of vehicular
traffic to which such an area is likely to be subjected as follows:
a. Covered Parking Areas - Passenger vehicle parking areas
within or under building shall be paved with Portland
Cement Concrete with a minimum compressive strength of
2,000 p.s.i.
15
75D -75
b. Open Parking Areas - Parking areas other than those within
a building may be paved with asphalt concrete. Asphalt
concrete pavement shall be a minimum thickness of three
and one -half for passenger vehicle parking areas.
Thickness of asphalt concrete may be reduced to a
minimum thickness of two inches for passenger vehicle
only traffic, provided an approved aggregate base course is
constructed under the asphalt pavement. The minimum
thickness of such base course shall be four inches.
Surfacing, Parking or Drive Aisles - All off - street parking,
vehicle maneuvering areas, tum- around areas, driveways,
and private streets, shall be surfaced, and thereafter
maintained with Portland Cement Concrete poured to a
minimum thickness of 5% inches.
M Paved areas shall be designed to carry surface water to the nearest
practical street, storm drain, or natural watercourse. Concentrated
flows of water from parking areas shall not flow by gravity over
any public property or pedestrian walkway, but shall be collected
in an appropriate manner within the property confines and
conducted under the sidewalk.
11. All parking areas shall be maintained in a safe and sanitary
condition free of dust, mud, or trash, and shall be kept in good
repair. Any alteration, enlargement, maintenance or repairs shall
be pursuant to the aforementioned standards.
12. All parking spaces shall be double striped in a manner clearly
showing the layout of the intended parking stall. Such striping
shall be maintained in a clear, visible and orderly mariner.
G. Loading Areas.
Entrances and exits to loading facilities should be limited in
number and shall not interfere with the flow of traffic along the
perimeter streets.
2. Loading areas should be located so as to minimize potential for
intrusion into residential portions of the project and adjacent
neighborhoods while allowing for efficient utilization by
commercial users.
Loading areas shall be located and designed to minimize direct
exposure to public view. These areas shall be screened with
landscaping and walls to reduce visual impacts.
16
75D -76
4. Loading areas shall be visibly separated from public entrances and
parking areas.
5. Loading stalls shall be designed to not interfere with circulation or
parking, and to permit trucks to fully maneuver on the property
without backing up from or onto a public street.
6. Loading areas shall be graded to drain surface water to an alley,
street or public storm drain. Surface water shall be conducted
under any intervening public sidewalk by a drain approved by the
Public Works Department and in accordance with a valid NSDES
Permit. Under no circumstances shall surface water be allowed to
collect in pedestrian areas.
The surface area used for any loading activity shall be paved with
not less than 4 inches of asphaltic concrete on 8 inches of crushed
rock base, or with 5 %: inches of Portland concrete cement. Soil
conditions or the nature of the trucking activity may necessitate
greater requirements as determined by the Division of Building
and Safety and a soils report prepared by a licensed soils engineer.
8. Each loading space aligned with and directly adjacent to a parking
space shall be clearly designated, "LOADING ONLY."
9. At a minimum, separate loading areas shall be designated on the
approved site plan or any modification thereto, for each adjacent
retail shops /restaurants.
10. A loading areas for the project shall be able to accommodate a 55
foot semi - trailer for the Building E.
H. Storage Areas/Mechanical Equipment.
All mechanical equipment shall be screened below parapets and
situated to minimize visual impacts.
No outdoor storage shall be permitted.
There shall be no exposed television, ham radio, dish or other
antenna.
L Refuse Collection Area.
A refuse collection area shall be located at each loading dock per
approved site plan.
17
75D -77
2. All outdoor refuse collection areas shall be visually screened from
access streets and adjacent property by a complete opaque screen
or by rolldown screened doors, or by landscaping and fencing.
3. No refuse collection areas shall be permitted between a frontage
street and the building line, unless adequate screening is provided.
4. The commercial and residential uses shall provide a trash pick -up
operation agreement to be included in the CC &R's for the project.
5. Each trash enclosure shall have a minimum of six inch concrete
slab in front of the enclosure that is at least the same dimension as
the trash enclosure.
6. Townhouse unit trash vestibules shall be designed with a hose bib
for washing out the area.
All trash enclosures throughout the project shall be designed with
metal doors.
Telephone, Electrical, Water, Gas, Cable TV, Storm Drains and Sewer
Service.
1. All "on- site" utilities shall be placed underground.
2. Transformers or terminal equipment shall be visually screened
from view from streets and adjacent properties and may be located
in concrete vaults below grade.
3. There shall be no exposed downspouts, scupper drains, electrical
or mechanical limes on the building. All mechanical equipment
shall be screened from view in an architecturally integrated
manner.
4. All residential units shall be separately metered for electrical, gas
and water service.
5. Sanitary sewer, storm drainage and water service shall be designed
as a private system on -site. There shall be private water meters as
outlined in Section 34 -313.5 of the Santa Ana Municipal Code.
6. The utility lines in the townhouse drive aisle shall be laid out so as
to not prevent the planting of trees and other landscape material in
the drive aisle area.
IF
75D -78
K. Maintenance.
The entire project shall be maintained to exceed community standards for
attractive and sanitary conditions. The CC &Rs for the project shall set
forth the maintenance procedures applicable to the project. A
maintenance agreement approved by the Executive Director of Public
Works Agency shall be executed with the City for the maintenance of
special pavement treatment, planting, street lights, etc. in the public right -
of -way and in required easement areas. This agreement shall be executed
with the City prior to recordation of any subdivision map and included or
referenced in the CC &Rs for the project.
19
75D -79
FEHR PEERS
MEMORANDUM
Date: October 8, 2013
To: Karen Haluza AICP, City of Santa Ana
From: Christopher Gray AICP, Fehr & Peers
Subject. Parking Study- The 301 East Jeanette Lane Project in Santo Ana
This memo documents the results of a parking study we conducted for the 301 East Jeanette Lane Project
in the City of Santa Ana. This memo documents two major items including an evaluation of parking
demand and our review of tandem parking operations at other facilities.
PARKING SUPPLY AND DEMAND CALCULATIONS
When we evaluate parking for a new site, we consider two separate items:
1. Consistency with parking code requirements: This criteria refers to whether a project provides
sufficient parking based on rates in the Municipal Code for a particular City
2. Parking demand: This criteria addresses whether the demand for parking, as measured by the
number of persons wanting to park simultaneously, is equal to or less than the supply. Parking
demand is assessed through historical parking surveys of other comparable sites to determine
how many persons actually park,
A variety of sources can be used to asses parking demand. One industry standard reference is Parking
Generation developed by the Institute of Transportation Engineers (ITE). The latest editio-i available is the
3r° edition, which was used as part of this analysis. The Parking Generation book reports parking demand
based on empirical data in which parking demand was counted for a particular site and then reported to
ITE. ITE then aggregates this data for studies across the United States and compiles the information in the
Parking Generation manual.
Our review indicates that parking demand for multi - family units varies based on the location (in a central
city or suburban area) and other factors. The range of rates varies from approximately 0.7 to 1.96 parking
spaces per unit. A majo -ity of the parking demand rates identified in this document are approximately 1.5
parking spaces per unit. This number is inclusive of residents, guests, deliveries, and other vehicles parking
on -site for other reasons.
Using both the average and maximum value, yields the parking demand for the site ranging from 273
parking spaces to 356 spaces. Since the project proposes to provide 364 spaces, we can conclude that the
parking supply is sufficient, even for the highest demand scenario.
8141 E. Kaiser Boulevard, Suite 110, CA 92808 (714) 941 -8800
www.fehrandpeers.com
EXHIBIT 5
91 X40
Karen Haluza
October 8, 2013
Page 2
TANDEM PARKING SURVEY
FEHR'i' PEERS
A portion of the parking supply will be provided through tandem parking spaces. Approximately 64% of
the parking spaces will be tandem spaces which will be assigned to the 1 bedroom units. We conducted a
survey of comparable projects.
The survey posed the following questions:
1. Name of the facility
2. Contact
3. Address
4. How many units are in your facility?
5. What is the distribution of units by number of bedrooms?
a. 1 bedroom:
b. 2 bedroom:
c. 3 bedrooms:
6. How many parking spaces do you provide on -site?
7. Do you provide any parking spaces off -site or have agreements with other facilities allowing your
residents to park at alternative locations?
8. How many of these spaces are tandem parking spaces?
9. How are tandem spaces assigned?
a. By unit?
b. By bedroom?
c. By person?
d. First come /first serve?
10. Can tenants rent additional spaces?
11. Do you use a valet to manage the operations of the tandem parking?
12. Have you had specific complaints about the tandem parking spaces from guests or residents?
a. If so, how often do they occur?
b. What complaints do you receive?
13. Do you have a mechanism or procedure to help residents or guests who might get stuck behind a
car in a tandem space?
14. When new residents move into your facility, how often do they express concern about the tandem
spaces?
15. Do you have a written or adopted parking management plan that limits your parking?
16. Do you have any other comments or observations about the tandem spaces in your facility?
We identified and contacted 15 potential survey sites. We then administered the survey to six of the
15 sites which have tandem parking. The other sites either did not have tandem parking or were non-
Page 2 of 12
75D -81
Karen Haluza
October 8, 2013
Page 3
FEH R -' PEERS
responsive when contacted. The survey results for key questions are provided below. The actual
survey results for each facility are provided in Appendix A.
Ouestion #8- How Many Spaces are Tandem Spaces
The percentage of spaces which were tandem spaces vaned. Two projects provided
approximately 1/3 of their spaces through tandem parking, two projects provided about 45 -50%
of their parking through tandem spaces, while the final project had a tandem percentage which
was 70 %, similar to the proposed project.
Ouestion #9- How are Tandem Spaces Assigned
Tandem spaces are assigned similarly in all projects. In most instances, the tandem spaces are
assigned to a particular unit, though the approach differs. For example, the 1818 Platinum
Triangle Project assigns tandem spaces to any one bedroom unit with two occupants. The Del Rio
Apartments ass gns the tandem spaces to the two bedroom units.
Question #11- Do you use a valet to manage the operations of the tandem spaces?
All five survey respondents indicated that they did not use a valet to manage the operations of
the tandem spaces.
Ouestion #12- Have you had specific complaints about the tandem oarkina spaces from guests or
residents?
None of the survey respondents indicated that there were any complaints about the tandem
spaces. In fact, the opposite was indicated. The manager of the Del Rio Apartments explained
that there were no complaints about the tandem spaces because "People who tandem park live in
the same unit." The manager of the Magnolia at Sherman Oaks said 'People are familiar with
tandem parking."
Ouestion #14- When new residents move into your facility, how often do they express concern about
the tandem spaces?
Respondents indicated that prospective residents rarely, if ever, expressed concerns about the
tandem spaces. The manager of the 1818 Platinum Triangle Project stated the following in
response to this question:
Page 3 of 12
75D -82
Karen Haluza
October 8, 2033
Page 4
FEH R � PEERS
"No, they usually understand how tandem parking works. They'll choose a different apartment
complex if they don't want to tandem park."
This last item is critical since it reinforces the element of self - selection. Our experience is that someone
who is uncomfortable with a particular parking configuration will simply choose not to live in a particular
building, whether the parking is provided as tandem spaces, unbundled parking, or other configuration.
However our research has found no evidence to suggest that any significant proportion of potential
residents have an aversion to tandem or other configuration and would select another option because
tandem was provided.
CONCLUSIONS
Based on the information above, we can conclude that the parking provided for this site will be sufficient
based on two primary items of information:
First, our estimates of parking demand indicate that the parking supply is sufficient for even the
highest parking demand scenario based on the most conservative data which we can find.
Second, the proposed tandem parking arrangement is similar to what is employed at other
residential projects throughout Southern California. We would therefore conclude that the
tandem parking arrangement will be successful based on three specific items:
o The tandem spaces will be assigned to specific units, meaning that persons will be able to
easily communicate their schedules and be able to move their cars more easily than if the
tandem spaces were randomly assigned as sometimes happens with spaces in office
buildings.
o Tandem parking for residential units is becoming more common place in Southern
California. As shown in the survey, we were able to quickly and easily find six residential
projects which successfully provided tandem parking including three in Orange County.
o The self - selection factor will also limit any likely problems. Persons who are not
comfortable with tandem spaces will simply choose not to live in the project (although we
found no evidence that tandem is undesirable). In many cases the extra space will be
utilized as a private guest parking for the one bedroom renter (because a majority of the
one bedroom units may be occupied by one person with one car).
We hope you find this information informative and useful. If you have any specific questions or concerns,
please contact us at 714- 941 -8800.
Page 4 of 12
75D -83
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1. Name of the facility: 1818 Platinum Triangle
2. Contact: Andre (714.978 -1818)
3. Address: 1818 S. State College Blvd, Anaheim, CA
4. How many units are in your facility? 265
5. What is the distribution of units by number of bedrooms?
a. 1 bedroom: 160
b. 2 bedroom: 105
c. 3 bedrooms:
6. How many parking spaces do you provide on -site? Approximately 500 -600 total (75 guest
spaces)
7. Do you provide any parking spaces off -site or have agreements with other facilities allowing
your residents to park at alternative locations? No
B. How many of these spaces are tandem parking spaces? Approximately 35'%
9. How are tandem spaces assigned?
a. By unit?
b. By bedroom? One beds with two people
c. By person?
d. First come /first serve?
10. Can tenants rent additional spaces? Yes, $50
11. Do you use a valet to manage the operations of the tandem parking? No
12. Have you had specific complaints about the tandem parking spaces from guests or residents? No
a. If so, how often do they occur?
b. What complaints do you receive?
13. Do you have a mechanism or procedure to help residents or guests who might get stuck behind
a car in a tandem space?
14. When new residents move into your facility, how often do they express concern about the
tandem spaces? Rarely, they usually understand how tandem parking works. They'll choose a
different apartment complex if they don't want to tandem park (only applicable to 1 bedroom
units with two tenants).
15. Do you have a written or adopted parking management plan that limits your parking? No
16. Do you have any other comments or observations about the tandem spaces in your facility? No
Page 7 of 12
75D -86
1. Name of the facility: Del Rio Apartments
2. Contact: Travis (310.390.5909)
3. Address: 3430 S. Sepulveda Blvd, Los Angeles, CA
4. How many units are in your facility? 81
5. What is the distribution of units by number of bedrooms?
a. 1 bedroom: Does not know
b. 2 bedroom: Does not know
c. 3 bedrooms: None
6. How many parking spaces do you provide on -site? 81
7. Do you provide any parking spaces off -site or have agreements with other facilities allowing
your residents to park at alternative locations? No
8. How many of these spaces are tandem parking spaces? Approximately 30%
9. How are tandem spaces assigned?
a. By unit? Yes, all 2 bedroom units have tandem parking
b. By bedroom?
c. By person?
d. First come /first serve?
10. Can tenants rent additional spaces? No
11. Do you use a valet to manage the operations of the tandem parking? No
12. Have you had specific complaints about the tandem parking spaces from guests or residents?
No, since people who tandem park live in the same unit.
a. If so, how often do they occur?
b. What complaints do you receive?
13. Do you have a mechanism or procedure to help residents or guests who might get stuck behind
a car in a tandem space? No, since people who tandem park live in the same unit.
14. When new residents move into your facility, how often do they express concern about the
tandem spaces? Very rarely.
15. Do you have a written or adopted parking management plan that limits your parking? No
16. Do you have any other comments or observations about the tandem spaces in your facility?
Since tandem is for the two bedroom units, the tenants coordinate parking since they live
together.
Page 8 of 12
75D -87
1. Name of the facility: Magnolia at Sherman Oaks
2. Contact: Alex (818.981.3449)
3. Address: 15357 Magnolia Blvd, Sherman Oaks, CA
4. How many units are in your facility? 99
5. What is the distribution of units by number of bedrooms?
a. 1 bedroom: Does not know
b. 2 bedroom: Majority of units (does not know court)
c. 3 bedrooms: Does not know
6. How many parking spaces do you provide on -site? Just over 100 (does not know exact count)
7. Do you provide any parking spaces off -site or have agreements with other facilities allowing
your residents to park at alternative locations? No
8. How many of these spaces are tandem parking spaces? About 70%
9. How are tandem spaces assigned?
a. By unit? Yes, all two bedroom units get tandem spaces, all three bedrooms get tandem
and one additional space (not tandem).
b. By bedroom?
c. By person?
d. First come /first serve?
10. Can tenants rent additional spaces? Yes, $50 per additional (additional space is not tandem)
11. Do you use a valet to manage the operations of the tandem parking? No
12. Have you had specific complaints about the tandem parking spaces from guests or residents?
No, most tenants have come from other apartments with tandem parking so it is not a surprise
to them.
a. If so, how often do they occur?
b. What complaints do you receive?
13. Do you have a mechanism or procedure to help residents or guests who might get stuck behind
a car in a tandem space? No
14. When new residents move into your facility, how often do they express concern about the
tandem spaces? Rarely since they are generally use to tandem parking.
15. Do you have a written or adopted parking management plan that limits your parking? No
16. Do you have any other comments or observations about the tandem spaces in your facility?
People work around each other's schedules. They coordinate parking with their spouses or
roommates.
Page 9 of 12
75D -88
1. Name of the facility: Skyline at MacArthur Place
2. Contact: Kathy (714.557.4444)
3. Address: 9 MacArthur Place, Santa Ana, CA
4. How many units are in your facility? 349
5. What is the distribution of units by number of bedrooms?
a. 1 bedroom: 72
b. 2 bedroom: 277
c. 3 bedrooms:
6. How many parking spaces do you provide on -site? 780
7. Do you provide any parking spaces off -site or have agreements with other facilities allowing
your residents to park at alternative locations? Tenants who want additional parking can contact
4 Hutton Center across the street and make arrangements to park in a garage. Kathy does not
know any specifics of the parking arrangements.
8. How many of these spaces are tandem parking spaces? Not sure (would not give an
approximate percentage either).
9. How are tandem spaces assigned?
a. By unit? Yes, all one bedrooms and some two beds in north tower (fluctuates for 2
bedrooms depending on demand)
b. By bedroom?
c. By person?
d. First come /first serve?
10. Can tenants rent additional spaces? Tenants can rent an additional space at 4 Hutton Center
garage across the street.
11. Do you use a valet to manage the operations of the tandem parking? No
12. Have you had specific complaints about the tandem parking spaces from guests or residents? No
a. If so, how often do they occur?
b. What complaints do you receive?
13. Do you have a mechanism or procedure to help residents or guests who might get stuck behind
a car in a tandem space? No
14. When new residents move into your facility, how often do they express concern about the
tandem spaces? Rarely
15. Do you have a written or adopted parking management plan that limits your parking? No
16. Do you have any other comments or observations about the tandem spaces in your facility? No
Page 10 of 12
75D -89
1. Name of the facility: Sterling Westwood Towers (310.473.5998)
2. Address: 1260 Veteran Ave, Los Angeles, CA
3. How many units are in yourfacility? 59
4. What is the distribution of units by number of bedrooms?
a. 1 bedroom: Does not know
b. 2 bedroom: Does not know
c. 3 bedrooms: Does not know
5. How many parking spaces do you provide on -site? Does not know
6. Do you provide any parking spaces off -site or have agreements with other facilities allowing
your residents to park at alternative locations? No
7. How many of these spaces are tandem parking spaces? Approximately 50%
8. How are tandem spaces assigned?
a. By unit? Yes
b. By bedroom?
c. By person?
d. First come /first serve?
9. Can tenants rent additional spaces? No
10. Do you use a valet to manage the operations of the tandem parking? No
11. Have you had specific complaints about the tandem parking spaces from guests or residents?
No, tenants are familiar with tandem parking.
a. If so, how often do they occur?
b. What complaints do you receive?
12. Do you have a mechanism or procedure to help residents or guests who might get stuck behind
a car in a tandem space? No
13. When new residents move into your facility, how often do they express concern about the
tandem spaces? Never, they are usually use to tandem parking from their previous residence.
14. Do you have a written or adopted parking management plan that limits your parking? No
15. Do you have any other comments or observations about the tandem spaces in your facility? No
Page 11 of 12
75D -90
1. Name of the facility: Stadium Lofts
2. Contact: Karl (714.939 7935)
3. Address: 1801 E. Katella, Anaheim, CA
4. How many units are in your facility? 251
5. What is the distribution of units by number of bedrooms?
a. 1 bedroom: 80
b. 2 bedroom: 162
c. 3 bedrooms: 9
6. How many parking spaces do you provide on -site? 423 residential spaces
7. Do you provide any parking spaces off -site or have agreements with other facilities allowing
your residents to park at alternative locations? No
8. How many of these spaces are tandem parting spaces? 98 tandems (196 spaces;
9. How are tandem spaces assigned?
a. By unit?
Is. By bedroom? Majority of 2 bed /?baths
c. By person?
d. First come /first serve?
10. Can tenants rent additional spaces? Yes, $100 /month for a single space, tandem is $175 /month
11. Do you use a valet to manage the operations of the tandem parking? No
12. Have you had specific complaints about the tandem parking spaces from guests or residents?
No, people who don't want to tandem park will not rent here. Guests don't have to tandem
park.
a. If so, how often do they occur?
Is. What complaints do you receive?
13. Do you have a mechanism or procedure to help residents or guests who might get stuck behind
a car in a tandem space? No.
14. When new residents move into your facility, how often do they express concern about the
tandem spaces? Rarely, people who don't want to tandem park will not rent here.
15. Do you have a written or adopted parking management plan that limits your parking? No
16. Do you have any other comments or observations about the tandem spaces in your facility? No
Page 12 of 12
75D -91
V�
January 29, 2013
Community Meeting Notes for The 301 Project
Meeting Date: Januray 25, 2013
Developer: Vineyards Development, Inc.
Location: Bowers Museum, Santa Ana
Notice was sent on January 15, 2013 to each dwelling unit having a valid US Postal Service address within a 500 foot radius of the
project site, as well as all property owners within the 500 foot boundary. This list was provided by Ronald Cogswell/Title Pro
Sytems. Approximately 265 notices were mailed adjacent property owners and renters.
Our notice included:
• The time, place and date of the community meeting
• A map depicting the location of the subject property, including the properties contained within the notification boundary
• A brief description of the project
• Project contact information
• Notice was printed in both English and Spanish with instructions as to how to request language interpretation services for
those wishing to have interpretation during the community meeting in languages other than English. We received no
requests for interpretation services.
• Notice was also posted on the project site
• Notice was posted in the OC Register Online in addition to the OC Reporter.
14 residents (we believe 12 were couples from same residence, approximately R homes were represented) attended the
Community Open House, some signed in. We had a presentation conducted by Alex Anamos of LOHA (Architect), after which, we
answered questions that were posed by some of the attendees.
The topics raised were:
• Ingress /Egress to the building
• Dog Walking/Dog bags
• Rental vs Ownership
• High rise building being a detriment to the existing community
• Adequate parking
Overall, the response to the architecture and design was positive, the main concern of the attendees seemed to be the ingress
points to the building. We are in the process of determining if Public Works will allow an entrance off of Lawson Way, which was
the preferred entry and exit poirt for the existing residents.
EXHIBIT 6
Page 1 of 3
75D -92
Community Meeting Notes for The 301 Project
01.29.13 // Page 2 of 3
In response to the pet issue the developer will consider installing Dog Waste Stations, and have the property serviced by a
"pooper scooper" company to ensure waste is properly removed. Further, resident leases will contain rules and regulations to
make sure residents are responsible pet owners.
The current City Place residents are not supportive of high rise development on the site, and voiced that a structure which is the
same scale and magnidue as the the existing City Place community is in order.
The project will be mapped for condominiums and the developer would sell the units some time in the future if the economics
become viable, the initial plan is to maintain high end, luxury rental units.
The 301 project's ratio of parking is approximately two times that per bedroom of the existing City Place community and the
developer believes if anything the property will be over parked.
Page 2 of 3
75D -93
Community Meeting Notes for The 301 Project
Affidavit
State of California
County of,os Angeles
I, the undersigned, do hereby swear, certify and affirm that,
01.29.1311 Page 3 of 3
Pursuant to Ord -ante No NS -2838, Article 11 1 through Article 11.111 to Chapter 2 of the Santa Ana Municipal Code (relating tc
the City of Santa Ana Sunshine Ordnance) I held the required community meeting for the 301 Project. The meeting was held in
compliance as set by the City of Santa Ana Planning Department, inclusive of copies of all notices, notification lists, meeting sign -in
sheets, site postings, advertisements, or other communications used to publicize the meeting.
I declare under penalty of perjury that the foregoing is true and correct
Executed this "day ofJ' /I'i!j ,2013
Los Angeles, California
f
r
r-
RyariOgulnkk
CEO, Vineyards Develooment
Page 3 of 3
75D -94
THE 301
MULTI - FAMILY RESIDENTIAL PROJECT
MITIGATED NEGATIVE DECLARATION
Including the Final Mitigated Negative Declaration,
Mitigation Monitoring & Reporting Program, and
Response to Comments
is available for review at the following:
http:// www. santa- ana.orq /pba /planning/The30l Develop mentatCityPlace.asp
Planning and Building Agency
Planning Counter, First Floor
20 Civic Center Plaza
Santa Ana, CA 92701
7501-95
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92702
Attention: City Clerk
To be recorded without fee. (Space Above This Line For Recorders Use Only)
(Government Code, §§ 6103 and 27383)
INCLUSIONARY HOUSING AGREEMENT
THIS INCLUSIONARY HOUSING AGREEMENT is dated as of
, 2013, by and between the CITY OF Santa Ana, a California
municipal corporation, and a
( "Developer').
A. The City's Inclusionary Housing Ordinance ( "Ordinance ") became effective
on November 28, 2011.
B. The Developer is the fee owner of the Property located at
, Santa Ana, California.
C. The Developer desires to, at the Developer's sole cost and expense,
develop a (_) unit Project on the Property.
D. On , the City Council approved Ordinance /Resolution
Number , which sets forth the City Approvals for the Project.
E. On , the Inclusionary Housing Administrator, acting on
behalf of the City, approved an Inclusionary Housing Plan that was
prepared by the Developer in accordance with the requirements imposed
by the Ordinance and the Administrative Procedures Manual established
by the City Council to implement the Ordinance requirements.
EXHIBIT B
Inclusionary Housing Agreement Page 1
City of Santa Ana November 4, 2013
7501-96
F. This Inclusionary Housing Agreement, when fully executed by the City and
the Developer and recorded, is intended to satisfy the requirement that the
Developer enter into an Inclusionary Housing Agreement, as set forth in
the Ordinance and the conditions to City Approvals.
NOW, THEREFORE, in consideration of the mutual promises set forth in this
Inclusionary Housing Agreement and other good and valuable consideration, the
receipt and sufficiency of which is acknowledged by the City and the Developer,
the Parties, agree as follows:
DEFINITIONS OF TERMS
The following words, terms and phrases are used in this Inclusionary Housing
Agreement, as follows, unless the particular context of usage of a word, term or
phrase requires another interpretation.
Administrative Procedures Manual is this administrative procedures manual,
which has been prepared by the City for the implementation and enforcement of
the Ordinance. A copy of the Administrative Procedures Manual shall be
maintained on file with the City, and shall be provided to the Developer. A copy
of the Administrative Procedures Manual shall be made available to the
Homeowner upon request.
Affordability Gap is equal to the difference between the Fair Market Value of the
Inclusionary Unit and the Affordable Sales Price for the Inclusionary Unit.
Affordable Housing Cost means the maximum costs that can be borne by a
Low or Moderate Income Household based on the requirements imposed by
HSC Section 50052.5. The calculation methodology is described in the
Administrative Procedures Manual.
California Health and Safety Code ( "HSC ") provides definitions of household
income and affordable housing costs that are used in this Inclusionary Housing
Agreement.
City means the City of Santa Ana, California.
City Approvals are defined as the entitlement approvals and the Inclusionary
Housing Plan that must be approved by the City Council prior to the issuance of
building permits for the Project.
Inclusionary Housing Agreement Page 2
City of Santa Ana November 4, 2013
7501-97
City Council means the City of Santa Ana City Council.
City Manager is the City Manager of the City of Santa Ana.
Default means the failure of a Party to perform any action or covenant required
by this Inclusionary Housing Agreement within the time period provided herein
following notice and opportunity to cure, as set forth in Article 3 — Section 1 of
this Inclusionary Housing Agreement.
Developer means the developer of the residential project that is subject to this
Inclusionary Housing Agreement.
Effective Date means the date on which the Inclusionary Housing Agreement is
approved and executed by appropriate authorities of the Developer and the City;
and the Inclusionary Housing Agreement is executed by the authorized
representatives of the City and delivered to the Developer.
Exhibits means the exhibits to this Inclusionary Housing Agreement, which are
listed in Section 1.6.
Fair Market Value means the value of the Inclusionary Unit under normal
circumstances in which the seller and the buyer freely negotiate the terms of the
transfer of ownership. The Fair Market Value is estimated based on the
assumption that no income or affordability restrictions are placed on the
Inclusionary Unit.
Gross Income means all income from whatever source from all adult household
members for the previous calendar year as defined in California Code of
Regulations Title 25 Housing and Community Development Section 6914. The
definition includes the following specific requirements:
Except as provided in subdivision (2), all payments from all sources
received by the head of household (even if temporarily absent) and each
additional member of the household who is not a minor shall be included
in the annual income of a household. Gross Income shall include, but not
be limited to:
a. The gross amount, before any payroll deductions, of wages and
salaries, overtime pay, commissions, fees, tips and bonuses;
b. The net income from operation of a business or profession or from
rental or real or personal property (for this purpose, expenditures
Inclusionary Housing Agreement Page 3
City of Santa Ana November 4, 2013
75D -98
for business expansion or amortization of capital indebtedness shall
not be deducted to determine the net income from a business);
C. Interest and dividends;
The full amount of periodic payments received from social security,
annuities, insurance policies, retirement funds, pensions, disability
or death benefits and other similar types of periodic receipts (but
see subdivision (2)(c));
e. Payments in lieu of earnings, such as unemployment and disability
compensation, worker's compensation and severance pay.
Public Assistance. If the public assistance payment includes an
amount specifically designated for shelter and utilities which is
subject to adjustment by the public assistance agency in
accordance with the actual cost of shelter and utilities, the amount
of public assistance income to be included as income shall consist
of:
The amount of the allowance or grant exclusive of the
amount specifically designated for shelter and utilities, plus
ii. The maximum amount which the public assistance agency
could in fact allow for the household for shelter and utilities,
g. Periodic and determinable allowances such as alimony and child
support payments, and regular contributions or gifts received from
persons not residing in the dwelling;
h. All regular pay, special pay and allowances of a member of the
Armed Forces (whether or not living in the dwelling) who is head of
the household or spouse (but see subdivision (2)(e)).
Where a household has net assets in excess of $5,000, income
shall include the actual amount of income, if any, derived from all of
the net household assets or 10 percent (10 %) of the value of all
such assets, whichever is greater. For purposes of this section, net
households assets means value of equity in real property other
than the household's full -time residence, savings, stocks, bonds,
Indusionary Housing Agreement Page 4
City of Santa Ana November 4, 2013
75D -99
and other forms of capital investment. The value of necessary items
such as furniture and automobiles shall be excluded.
2. The following items shall not be considered as income:
a. Casual, sporadic or irregular gifts;
b. Amounts which are specifically for or in reimbursement of the cost
of medical expenses;
C. Lump -sum additions to household assets, such as inheritances,
insurance payments (including payments under health and accident
insurance and worker's compensation), capital gains and
settlement for personal or property losses;
Amounts of educational scholarships paid directly to the student or
to the educational institution, and amounts paid by the government
to a veteran for use in meeting the costs of tuition, fees, books and
equipment. Any amounts of such scholarships, or payments to
veterans not used for the above purposes of which are available for
subsistence are to be included in income;
e. The special pay to a serviceman head of a household away from
home and exposed to hostile fire;
Relocation payments made pursuant to federal, state, or local
relocation law;
Foster child care payments;
h. The value of coupon allotments for the purchase of food pursuant
to the Food Stamp Act of 1964 which is in excess of the amount
actually charged the eligible household;
Payments received pursuant to participation in the following
volunteer programs under the ACTION Agency:
National Volunteer Antipoverty Programs which include
VISTA, Service Learning Programs and Special Volunteer
Programs.
Indusionary Housing Agreement Page 5
City of Santa Ana November 4, 2013
75D -100
National Older American Volunteer Programs for persons
aged 60 and over which include Retired Senior Volunteer
Programs, Foster Grandparent Program, Older American
Community Services Program, and National Volunteer
Program to Assist Small Business Experience, Service
Corps of Retired Executive (SCORE) and Active Corps of
Executives (ACE).
HCD means the California Department of Housing and Community Development.
HUD means the United States Department of Housing and Urban Development.
Inclusionary Housing Administrator has the day -to -day authority for making
determinations related to the Ordinance and Administrative Procedures Manual.
The Inclusionary Housing Administrator will be appointed by the City Manager.
Inclusionary Housing Fund means a separate fund of the City established
pursuant to the Housing Opportunity Ordinance of the Santa Ana Municipal
Code. The fund was established for the specific purpose of providing the City
with funds to assist in the development of housing that is affordable to Low and
Moderate Income Households. The allowable uses of Inclusionary Housing
Funds, and the related reporting are described in the Administrative Procedures
Manual.
Inclusionary Housing Plan means an in -lieu fee submitted for approval to the
Inclusionary Housing Administrator that details the manner in which the
Inclusionary Housing obligations will be fulfilled by the project. The Inclusionary
Housing Plan form is presented in the Administrative Procedures Manual.
In -Lieu Fee refers to a fee that may be paid by a developer in specific
circumstances in lieu of providing Inclusionary Units within a project. Orange
County Median Income is calculated by HCD using non - aggregated census
income data and applying trending factors for metropolitan statistical areas
(MSA) throughout the country. The MSA for Santa Ana is Orange County. The
current household income information is presented in Attachment I of the
Administrative Procedures Manual.
Low Income Household refers to households whose incomes meet the
standards defined Title 25 of the California Code of Regulations Section 6932,
and by the HSC Section 50079.5. The maximum household income amount for
Indusionary Housing Agreement Page 6
City of Santa Ana November 4, 2013
75D -101
Low Income Households shall be the amount published by HCD as adjusted to
reflect the household size of the Homebuyer of the Inclusionary Unit.
Market Rate Unit means any unit in the project that is not restricted for
ownership and occupancy by Eligible Purchaser.
Moderate Income Household refers to households whose income meets the
standards defined Title 25 of the California Code of Regulations Section 6932,
and by the HSC Section 50093. The maximum household income amount for
Moderate Income Households shall be the amount published by HCD as
adjusted to reflect the household size of the Homebuyer of the Inclusionary Unit.
Ordinance means the Housing Opportunity Ordinance adopted by the City
Council on November 28, 2011 as it has been amended from time to time, which
is codified in the Santa Ana Municipal Code.
Party and Parties mean the City and the Developer as parties to this
Inclusionary Housing Agreement.
Project means the housing project proposed to be developed on the Property at
the Developer's sole cost and expense.
Property means the real property on which the Project is to be developed, for
which the legal description is provided in Exhibit A to this Inclusionary Housing
Agreement.
ARTICLE 1
PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE
DATE; RECITALS; AND EXHIBITS
I. Parties to the Inclusionary Housing Agreement
-A. City. The City is a California municipal corporation. The address of the
City, for the purposes of this Inclusionary Housing Agreement, is:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92702
Attention: Executive Director, Community
Indusionary Housing Agreement Page 7
City of Santa Ana November 4, 2013
75D -102
Development Agency
-B. Developer. The Developer is a . The principal office and
address of the Developer, for the purposes of this Inclusionary Housing
Agreement, is:
Ryan Olgunick
Vineyards Development, Inc.
828 North Ogden Drive
Los Angeles, CA 90064
II. Developer Representations And Warranties
The representations and warranties of the Developer contained in Article 1 —
Section 11 shall be based upon the actual knowledge of the Developer as of the
Effective Date, and are true and correct as of the Effective Date. The
Developer's liability for misrepresentation or breach of warranty, representation
or covenant, wherever contained in this Inclusionary Housing Agreement, shall
survive the execution and delivery of the Inclusionary Housing Agreement.
The Developer hereby makes the following representations, covenants and
warranties, and Developer acknowledges that the execution of this Inclusionary
Housing Agreement by the City has been made in material reliance by the City
on such covenants, representations and warranties:
II -A. The Developer is a , lawfully entitled to do business in
the State of California and the City. The Developer has the legal right,
power and authority to enter into this Inclusionary Housing Agreement and
the instruments and documents referenced herein and to consummate the
transaction contemplated hereby. The persons executing this Inclusionary
Housing Agreement and the instruments referenced herein on behalf of
the Developer hereby represent and warrant that such persons have the
power, right and authority to bind the Developer.
II -B. The Developer has taken all requisite action and obtained all requisite
consents in connection with entering into this Inclusionary Housing
Indusionary Housing Agreement Page 8
City of Santa Ana November 4, 2013
7501-103
Agreement and the instruments and documents referenced herein and the
consummation of the transactions contemplated hereby, and no consent
of any other party is required for the Developer's authorization to enter into
this Inclusionary Housing Agreement.
II -C. Neither the execution of this Inclusionary Housing Agreement nor the
consummation of the transactions contemplated hereby shall result in a
breach of or constitute a default under any other agreement, document,
instrument, or other obligation to which the Developer is a party or by
which the Developer may be bound, or under any law, statute, ordinance,
governmental regulation or any writ, injunction, order or decree of any
court or governmental body applicable to the Developer or to the Property.
II -D. This Inclusionary Housing Agreement is, and all agreements, instruments
and documents to be executed by the Developer pursuant to this
Inclusionary Housing Agreement shall be duly executed by and are or
shall be valid and legally binding upon the Developer and enforceable in
accordance with their respective terms.
III. Effective Date
This Inclusionary Housing Agreement is dated November 4, 2013 for reference
purposes only. This Inclusionary Housing Agreement shall not go into effect
before the Effective Date.
IV. Recitals
The Recitals set forth above are true and correct. The Recitals are incorporated
into this Inclusionary Housing Agreement in their entirety by this reference.
V. Exhibit List
The following is a list of the exhibits attached to this Inclusionary Housing
Agreement. Each of the exhibits is incorporated by reference into the text of this
Inclusionary Housing Agreement.
Exhibit A Legal Description of Property
Exhibit B Site Map Depicting Property and Zoning Designations
City of Santa Ana
7501-104
Page 9
November 4, 2013
Exhibit C Calculations of In -Lieu Fee (Inclusionary Housing Plan)
ARTICLE 2
INCLUSIONARY HOUSING COVENANTS
I. Developer Compliance with the Ordinance
The Developer acknowledges that the City has provided the Developer with
copies of the Ordinance and the Administrative Procedures Manual. The
Developer is familiar with the requirements of all the foregoing documents and
shall ensure that the Project complies with this Inclusionary Housing Agreement
and the requirements set forth in all the foregoing documents.
II. In -Lieu Fee
In lieu of providing any fractional Inclusionary Unit specified in the Inclusionary
Housing Plan, the Developer shall pay to the City of Santa Ana the sum of
$1,977,000.00 prior to obtaining the first building permit related to the Project.
ARTICLE 3
DEFAULTS AND REMEDIES
I. Default
If either Party defaults with regard to any provision of this Inclusionary Housing
Agreement, the non - defaulting Party shall serve written notice of such default
upon the defaulting Party. If, after the service of written notice of such default,
Inclusionary Housing Agreement Page 10
City of Santa Ana November 4, 2013
75D -105
the defaulting Party does not cure such default within thirty (30) calendar days
after service of the notice of default (or, if such cure reasonably takes longer than
thirty (30) days, if such cure has not been commenced within the thirty (30) day
period and is promptly completed within a reasonable time, not to exceed ninety
(90) calendar days), the defaulting Party shall be in Default of the terms of the
Inclusionary Housing Agreement, and shall be liable to the other Party for
damages caused by such Default. Alternatively, the non - defaulting Party, at its
option, may institute an action for specific performance of the terms of this
Inclusionary Housing Agreement.
II. Legal Actions
In addition to any other rights or remedies, either Party may institute legal action
to cure, correct or remedy any Default, to recover damages for any Default, or to
obtain any other remedy consistent with the purposes of this Inclusionary
Housing Agreement. Further, in the event that the Developer sells or rents any
of the Inclusionary Units in violation of this Inclusionary Housing Agreement, as
restitution to the City, the Developer shall forfeit all monetary amounts obtained
through the sale or rental of the Inclusionary Units. All such restitution shall be
made to the City, and shall be placed in the City's Inclusionary Housing Fund.
II -A. The laws of the State of California shall govern the interpretation and
enforcement of this Inclusionary Housing Agreement.
II -B. In the event that any legal action is commenced by the Developer against
the City, service of process on the City shall be made by personal service
upon the City Manager, or in such other manner as may be provided by
law.
II -C. In the event that any legal action is commenced by the City against the
Developer, service of process shall be made by personal service on the
Developer's designated agent at such address as may be specified in
written notice to the City, or in such other manner as may be provided by
law, and shall be valid whether made within or without the State of
California.
III. Rights and Remedies are Cumulative
The rights and remedies of the Parties are cumulative and the exercise by either
Party of one or more of such rights or remedies shall not preclude the exercise
Indusionary Housing Agreement Page 11
City of Santa Ana November 4, 2013
7501-106
by it, at the same or different times, of any other rights or remedies for the same
Default or any other Default by the other Party.
ARTICLE 4
ICI 21 ' : GITIMtOI►K
Notices, Demands and Communications Between the Parties
Any and all notices, demands or communications submitted by any Party to
another Party pursuant to, or required by, this Inclusionary Housing Agreement
shall be proper if in writing and dispatched by messenger for immediate personal
delivery, or by registered or certified United States mail, postage prepaid, return
receipt requested, to the address of the City and Developer, as applicable, as
designated in Article 1 — Section I of this Inclusionary Housing Agreement. Such
written notices, demands and communications may be sent in the same manner
to such other addresses as either Party may from time -to -time designate as
provided in this Section.
Any notice, demand or communication shall be deemed to be received by the
addressee, on the day that it is personally delivered, if dispatched by messenger,
or two (2) calendar days after it is placed in the United States mail. In addition to
the submission of notices, demands or communications to the Parties via United
States Mail, copies of all notices shall also be delivered by facsimile to the
facsimile numbers designated in Article 1 — Section I.
Conflict of Interest
No council member, official, contractor, consultant, attorney or employee of the
City having any conflict of interest, direct or indirect, related to this Inclusionary
Housing Agreement, or in the development of the Property, shall participate in
any decision relating to this Inclusionary Housing Agreement. The Parties
represent and warrant that they do not have knowledge of any such conflict of
interest.
III. Nonliability of City or City Officials and Employees
No council member, official, contractor, consultant, attorney or employee of the
City shall be personally liable to the Developer, any voluntary or involuntary
successors and assignees, or any lender or other party holding any interest in
Inclusionary Housing Agreement Page 12
City of Santa Ana November 4, 2013
7501-107
the Property, in the event of any default or breach by the City, or for any amount
which may become due to the Developer or to its successors or assignees, or on
any obligations arising under this Inclusionary Housing Agreement.
IV. Indemnification
The Developer agrees to indemnify and hold the City, and their officers,
employees and agents, harmless from and against all damages, judgments,
costs, expenses and fees arising from or related to any act or omission of the
Developer in performing its obligations hereunder. The City agrees to indemnify
and hold the Developer and its officers, employees and agents, harmless from
and against all damages, judgments, costs expenses and fees arising from or
related to any act or omission of the City in performing its obligations hereunder.
V. No Waiver
Failure to insist upon strict compliance with any of the terms, covenants,
conditions and restrictions hereof on any one occasion shall not be deemed a
waiver of such term, covenant, condition or restriction. Any waiver or
relinquishment of rights or powers hereunder at any one time or more times shall
not be deemed a waiver or relinquishment of such other rights or powers at any
other time or times.
VI. Jurisdiction and Venue
Any legal action or proceeding concerning this Inclusionary Housing Agreement
shall be filed and prosecuted in the appropriate State of California court in
Orange County, California. Each Party hereto irrevocably consents to the
personal jurisdiction of that court. The City and the Developer each hereby
expressly waive the benefit of any provision of federal or state law or judicial
decision providing for the filing, removal, or change of venue to any other court or
jurisdiction, including without implied limitation, federal district court due to any of
the following:
Any diversity of citizenship between the City and the Developer; or
The fact that the City is a party to such action or proceeding; or
That a federal question or federal right is involved or alleged to be
involved.
Indusionary Housing Agreement Page 13
City of Santa Ana November 4, 2013
75D -108
Without limiting the generality of the foregoing, the Developer and the City
specifically waive any rights provided to it pursuant to California Code of Civil
Procedure 394. The Developer acknowledges that the provisions of this Article 3
— Section VII are material consideration to the City for its entry into this
Inclusionary Housing Agreement, in that the City will avoid the potential cost,
expense and inconvenience of litigating in a distant forum.
VII. Inspection of Books and Records
To enforce its rights under this Inclusionary Housing Agreement, the City shall
have the right at all reasonable times, at the City's cost and expense, to inspect
the books and records of the Developer pertaining to the Property. Matters
discovered by the City shall not be disclosed to third parties unless required by
law, or unless otherwise resulting from or related to the pursuit of any remedies
or the assertion of any rights of the City hereunder.
VIII. Successors and Assigns
This Inclusionary Housing Agreement shall be binding upon, and inure to the
benefit of, the Parties hereto and their respective heirs, executors,
administrators, legal representatives, successors and assigns.
IX. No Third Party Beneficiaries
The performance of the City's and the Developer's respective obligations under
this Inclusionary Housing Agreement are not intended to benefit any party other
than the City or the Developer, except as expressly provided otherwise herein.
No person or entity not a signatory to this Inclusionary Housing Agreement shall
have any rights or causes of action against any Party to this Inclusionary Housing
Agreement as a result of that Party's performance or non - performance under this
Inclusionary Housing Agreement, except as expressly provided otherwise herein.
X. Entire Agreement
This Inclusionary Housing Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto. This Inclusionary Housing Agreement
supersedes all negotiations or previous agreement between the Parties with
respect to all or any portion of the Property and the Project thereof.
Indusionary Housing Agreement Page 14
City of Santa Ana November 4, 2013
75D -109
XI. Recordation
The Developer and the City agree to permit recordation of this Inclusionary
Housing Agreement, or a memorandum of this Inclusionary Housing Agreement,
against the Property in the Office of the County Recorder of Orange County,
California.
XI I. Termination
This Inclusionary Housing Agreement shall be effective until all of the following
have been completed:
1. Payment has been received and funds deposited in accordance with this
agreement.
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Inclusionary Housing Agreement as of the dates set forth below.
Agreement
City of Santa Ana
[Signatures on Following Pages]
75D -110
Page 15
November 4, 2013
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
APPROVED AS TO LEGAL FORM:
am
Sonia Carvalho
City Attorney
City of Santa Ana
CITY:
CITY OF SANTA ANA
A California Municipal Corporation
:,
Name:
Its:
Date:
Indusionary Housing Agreement Page 16
City of Santa Ana November 4, 2013
75D -111
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
DEVELOPER:
0
0
I,IF7i�T�
Its:
Date:
LIM
Name:
Its:
Date:
Inclusionary Housing Agreement Page 17
City of Santa Ana November 4, 2013
75D -112
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 1 of Tract No. 16565. Assessor Parcel No. 041 - 215 -03
THAT PORTION OF SECTION 31, TOWNSHIP 4 SOUTH, RANGE 9 WEST, IN
THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
ALLOTTED TO ABEL STEARNS AS DESCRIBED IN THE FINAL DECREE OF
PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS
ENTERED SEPTEMBER 12, 1868, IN BOOK "B ", PAGE 410 OF JUDGEMENTS
OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR
LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF RECORD
OF SURBEY FILED IN BOOK 29, PAGE 34, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY WITH THE EASTERLY PROLONGATION
OF THE SOUTHERLY LINE OF PARCEL 1 OF PARCEL MAP FILED IN BOOK
14, PAGE 26 IN THE OFFICE OF SAID RECORDER OF SAID COUNTY;
THENCE ALONG SAID SOUTHERLY LINE NORTH 89 025'49" WEST 80.16
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE NORTH 89 025'49" WEST 405.32 FEET; THENCE
LEAVING SAID SOUTHERLY LINE SOUTH 0 034'30" EAST 208.91 FEET;
THENCE SOUTH 89 025'30" EAST 426.16 FEET; THENCE NORTH 35 °38'29"
EAST12.42 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 760.00 FEET A RADIAL BEARING
TO SAID POINT BEARS NORTH 84 045'06" EAST; THENCE
NORTHWESTERLY ALONG SAID CURVE 77.94 FEET THROUGH A
CENTRAL ANGLE OF 5 052'32 "; THENCE NORTH 11'07'26" WEST 0.47 FEET
TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 840.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE
122.49 FEET THROUGH A CENTRAL ANGLE OF 8 021'17" TO THE TRUE
POINT OF BEGINNING.
Containing 2.01 ACRES OF LAND, MORE OR LESS.
Agreement
City of Santa Ana
75D -113
November 4, 2013
d,
L I I v 0 1 0 I I g e
I
Al
GENEAALAW[CULTDRAL
C -SM 5OUTIN MAIN 4REE ODMNEACIAL 0151DIJ
PD
PLANNED DEVELOPMENT
A
PARFRIGMODITI ATIUN
i
FLOOR AREA RAW
RD
PIAPINEO RESIDENTIAL DEVELOPMENT
0
COMIMIUNITYCOMMEFLIAL
GC
GOVENNMENTCENTER
RI
MNGIEiAMILY RE510ENCE
CI MO
COMMIINITY COMMERCIAL MUSEUM DISTRICT
Nil
UGHTRIOLLSIRIAL
Q
P FAMILYRESIOFNCE
Q
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M2
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IN
MULTIFLE-FAMILY RESIDENCE
O
CENTRALRUSINESS
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MIUTARYOPERATIONS
PA
SUe11RRAN APARTMIENT
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O
OPEN SPACE
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pLANfMip 511Op %PIG CENTER
-OZ
(MRLAY 200E
SD
SPECIRCDE6iOPM1ENT
CS
ARTERIALCOM.4IEOOAL
P
PROFESSIONAL
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SPECIFRCMAN
CR
COMMERCIAL RESIDENTIAL
PLO
PLANNED COMMUNITY DEVPIOPMEMT
EXHIBIT B
SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS
75D -114
RI
RI
TABLE 2
IN -LIEU FEE CALCULATIONS
RENTALPROJECT
INCLUSIONARY HOUSING IN -LIEU FEE CALCULATION
SANTA ANA, CALIFORNIA
I. Project Name
II. On -Site Inclusionary Requirement
A. Required Number of Inclusionary Units
Total Project Units
Inclusionary Requirement as % Total Units
Total Inclusionary Requirement (Round Up)
B. Inclusionary Unit Distribution
One- bedroom Units
Two - bedroom Units
Three - bedroom Units
Totals
Total Building Area (Square Feet)
C. Inclusionary Unit Income Distribution
One- bedroom Units
Two - bedroom Units
Three - bedroom Units
Totals
III. Rent Assumptions
One - bedroom Units
Two - bedroom Units
Three - bedroom Units
301 East Jeannette Lane
182
15%
28
Market Rents Very-Low Income
$1,285 $833
$1,575 $934
$2,185 $1,014
This column must add up to 100 %.
z Multiply the % of Total Units times the Total Inclusionary Requirement.
EXHIBIT C
CALCULATIONS OF IN -LIEU FEE
(MCLUSIONARY HOUSING PLAN)
Income
$1,007
$1,131
$1,232
Prepared by Keyser Marston Associates
Filename. 301 Jeannette_ 10_ 31_13; Fee Calcs 75D -115 Page 1 of
Required # of
Total Project
Inclusionary,
Units
%of Total Units
Units
125
69%
19
56
31%
9
1
1%
0
162
100%
28
182,520
Very-Low
Low Income @
Income @ 8.2%
6.8%
Total
11
8
19
5
4
9
0
0
0
16
12
28
Market Rents Very-Low Income
$1,285 $833
$1,575 $934
$2,185 $1,014
This column must add up to 100 %.
z Multiply the % of Total Units times the Total Inclusionary Requirement.
EXHIBIT C
CALCULATIONS OF IN -LIEU FEE
(MCLUSIONARY HOUSING PLAN)
Income
$1,007
$1,131
$1,232
Prepared by Keyser Marston Associates
Filename. 301 Jeannette_ 10_ 31_13; Fee Calcs 75D -115 Page 1 of
TABLE 2
IN -LIEU FEE CALCULATIONS
RENTAL PROJECT
INCLUSIONARY HOUSING IN -LIEU FEE CALCULATION
SANTA ANA, CALIFORNIA
Im
E. Project Value
Net Operating Income
Capitalization Rate
Total Project Value
$1,556,496 $1,447,778
5.5% 5.5%
$28,300,000 $26,323,000 $1,977,000
rotai In -Lieu Fee 3
$1,977,000
Per Total Unit
Project with
Per Income Restricted Unit
$70,600
Per Square Foot of Total Building Area
100 %@Market
Inclusionary
IV. Protect Value Comparison
Rent
Standards
Difference
A.
Rentlncome
Market Rate Units
One - bedroom Units
$1,927,500
$1,634,520
Two-bedroom Units
1,058,400
888,300
Three - bedroom Units
26,220
26,220
Very-Low Income Units
One - bedroom Units
109,956
Two - bedroom Units
56,040
Three - bedroom Units
0
Low Income Units
One - bedroom Units
96,672
Two - bedroom Units
54,288
Three - bedroom Units
0
Total Rent Income
$3,012,120
$2,865,996
$146,124
B.
Effective Gross Income
Total Rent Income
$3,012,120
$2,865,996
$146,124
(Less) Vacancy Allowance
(150,606)
(143,300)
(7,306)
Effective Gross Income (EGI)
$2,861,514
$2,722,696
$138,818
C.
Operating Expenses (Excluding Debt Service)
General Operating Expenses
$685,518
$685,518
$0
Property Taxes
619,500
589,400
30,100
Total Operating Expenses
($1,305,018)
($1,274,918)
($30,100)
D.
Net Operating Income (EGI - Expenses)
$1,556,496
$1,447,778
$108,718
Im
E. Project Value
Net Operating Income
Capitalization Rate
Total Project Value
$1,556,496 $1,447,778
5.5% 5.5%
$28,300,000 $26,323,000 $1,977,000
rotai In -Lieu Fee 3
$1,977,000
Per Total Unit
$10,900
Per Income Restricted Unit
$70,600
Per Square Foot of Total Building Area
$10.80
3 The Total In -Lieu Fee is equal to the difference between the project's value with 100% market rents and the value
with the inclusionary housing obligation.
Prepared by: Keyser Marston Associates
Filename: 301 Jeannette 10_31_13; Fee Calcs 750 -116 Page 2 of 2
ORDINANCE NO. NS -XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 59
(SD -59) TO ALLOW THE CONSTRUCTION OF A MULTI-
FAMILY RESIDENTIAL PROJECT WITH 182 UNITS AT 301
EAST JEANETTE WAY (ZOA NO. 2013 -03)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The proposed Zoning Ordinance Amendment No. 2013 -03 is to amend the
existing zoning in Specific Development No. 59 (SD -59) to allow a multi-
family use, increase the maximum number of permitted residential units on
the development site, establish a multi - family parking ratio, allow for the use
of tandem parking stalls, increase the building height and adjust the open
space location requirement.
B. On October 14, 2013, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2013 -03 to amend Specific Development No. 59
(SD -59) to allow a multi - family use, increase the maximum number of
permitted residential units on the development site, establish a multi - family
parking ratio, allow for the use of tandem parking stalls, increase the building
height and adjust the open space location requirement.
C. Zoning Ordinance Amendment No. 2013 -03 came before the City Council of
the City of Santa Ana for a duly noticed public hearing on November 4,
2013, to consider all testimony, written and oral.
D. The City Council adopts as findings all facts presented in the Request for
Council Action dated November 4, 2013, accompanying this matter. For
these reasons, and each of them, Zoning Ordinance Amendment No. 2013-
03 is hereby found and determined to be consistent with the General Plan of
the City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
Section 2. Specific Development No. 59 (SD -59) is hereby amended as
follows:
A. Multi- family Use and Increase in Maximum Number of Residential Units.
SD -59 currently allows a maximum of one single family residence per acre
75D -117
of land on the subject parcel. The applicant is requesting an amendment to
SD -59 to increase the maximum number of permitted units to 182 as well as
allow a multi - family use. Amendments to SD -59 are needed to Part IIAJ
(Permitted Land Uses).
B. Establish Multi- Family Residential Parking Ratio. Amendments are needed
to establish parking requirements for multi - family residential uses. SD -59
currently does not contain a multi - family parking ratio. As proposed, the
project will provide a total of 364 spaces at an overall ratio of 2.0 spaces per
unit, regardless of bedroom count, and inclusive of guest parking. Due to
the absence of multi - family parking standards contained within SD -59, a
ratio must be established. Staff recommends that Part III.A.4 (Development
Standards - Parking) of SD -59 be amended to reflect the overall ratio of 2.0
parking spaces per unit inclusive of guest parking.
C. Allowance for Tandem Parking to Satisfy Parking Requirement. The Santa
Ana Municipal Code contains provisions for tandem parking to satisfy some
portion of any required parking, but only for commercial development. SD-
59 does not contain any specific standards allowing the use of tandem
parking within the project area. The applicant proposes to have 64% of the
parking stalls designed as tandem spaces. Thus, SD -59 shall be amended
to allow no more than 64% of the overall parking spaces to be in a tandem
configuration provided a parking management plan is approved addressing
items such as the need to link percentage of tandem with percentage of one -
bedroom units.
D. Open Space Requirement. The open space provision within SD -59 requires
that each residential development provide usable open space at the ground
level. The applicant is requesting an amendment to SD -59 in order to allow
the required open space to be located on levels other than the ground level.
Access to the open space is more ideal in this design because most if not all
of the units are located above the parking level(s). Thus, Part III.A.5
(Development Standards -Open Space) shall be amended to allow open
space to be located above the ground level.
E. Building Height. The overall building height measures 59 feet from the
lowest adjacent grade. SD -59 allows a maximum building height of 50 feet
consistent with the current development within City Place. Surrounding
structures within City Place measure up to 50 feet in height. Other
structures outside of City Place include a large parking structure and office
building immediately to the north. Thus, Part III.C.1 (Building Height) shall
be amended to increase maximum building height to 59 feet and thereby
allowing the project as designed and compatible in height with the
surrounding area.
75D -118
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this _ day of 2013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Ryan O. Hodge
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
75D -119
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS- to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
75D -120
ROH — 11/04/13
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM, ENVIRONMENTAL REVIEW NO. 2013 -14,
AND APPROVING SITE PLAN REVIEW NO. 2013 -05 AS CONDITIONED
FOR THE PROPERTY LOCATED AT 301 EAST JEANETTE LANE
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. Vineyard Development is requesting approval of an amendment to an
existing specific development zone (zoning ordinance amendment) and
site plan review to allow the construction of a multi - family residential
project with 182 units at 301 East Jeanette Lane.
B. The Planning Commission of the City of Santa Ana held a duly noticed
public hearing on October 14, 2013, and voted to recommend that the City
Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2013 -14.
2. Adopt an ordinance approving Zoning Ordinance Amendment No.
2013 -03 to amend Specific Development District No. 59 (SD -59).
3. Adopt a resolution approving Site Plan Review No. 2013 -05 as
conditioned.
C. The Applicant is requesting site plan approval for the project (Site Plan
Review No. 2013 -05). The zoning designation for the subject property is
Specific Development District No. 59 (SD -59).
1. Section 41- 593.5(c) of the Santa Ana Municipal Code requires
review of all plans within a specific development plan area to ensure
the project is in conformity with the Specific Plan.
2. Considering adoption of the amendments to SD -59 requested by the
applicant, the project is in compliance with all applicable development
standards outlined within the Specific Development Plan (SD -59).
3. Considering adoption of the amendments to SD -59 requested by the
applicant, the project has been determined to be in compliance with
Resolution No. 2013 -xxx
75D -121 Page 1 of
applicable parking, landscaping and architectural provisions
governing the project.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration and mitigation
monitoring program, Environmental Review No. 2013 -14, prepared with respect to this
Project. The City Council has, as a result of its consideration and the evidence
presented at the hearings on this matter, determined that, as required pursuant to the
California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, a
mitigated negative declaration and mitigation monitoring program adequately addresses
the expected environmental impacts of this Project. On the basis of this review, the City
Council finds that there is no evidence from which it can be fairly argued that the Project
will have a significant adverse effect on the environment. The City Council hereby
certifies and approves the mitigated negative declaration and mitigation monitoring
program and directs that the Notice of Determination be prepared and filed with the
County Clerk of the County of Orange in the manner required by law.
Pursuant to Title XIV, California Code of Regulations ( "CCR ") § 735.5(c)(1), the City
Council has determined that, after considering the record as a whole, there is no evidence
that the proposed project will have the potential for any adverse effect on wildlife resources
or the ecological habitat upon which wildlife resources depend. The proposed project
exists in an urban environment characterized by paved concrete, roadways, surrounding
buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and
Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not
required in conjunction with this project.
Section 3. The Housing Opportunity Ordinance, section 41 -1904 of the Santa Ana
Municipal Code, allows payment of a fee if substantial evidence supports that the cost of
providing inclusionary units on -site would substantially exceed the amount of the in -lieu
fee. The amount of the fee is based on the affordability gap associated with fulfilling the
required affordable housing units on site. With respect to The 301 residential development
project, the fee calculation is based on the affordability gap of $10,900 per unit, which
equates to a total in -lieu fee of $1,977,000, and by code requires payment prior to
issuance of a building permit for any portion of the project. After review and consideration
of this project, the City Council hereby finds and determines that the cost to provide the
inclusionary units on -site exceeds the amount of the calculated in -lieu fee.
The Housing Opportunity Ordinance, section 41 -1905 of the Santa Ana Municipal
Code, also requires that the City Council review and approve any Inclusionary Housing
Plan that includes alternatives to on -site units.
Section 4. The City Council of the City of Santa Ana after conducting the public
hearing hereby approves:
A. Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2013 -14.
Resolution No. 2013 -xxx
75D -1 22 Paget of
B. Site Plan Review No. 2013 -05 as conditioned in Exhibit "A"
attached hereto and incorporated herein.
C. Inclusionary Housing Plan and Agreement authorizing the payment
of an in -lieu fee in the amount of $1,977,000.
These decisions are based upon the evidence submitted at the above said
hearing, which includes, but is not limited to: the Request for Council Action dated
November 4, 2013, and exhibits attached thereto; and the public testimony, written and
oral, all of which are incorporated herein by this reference.
Section 4. This Resolution shall not be effective unless and until Ordinance No.
becomes effective. If said ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, or otherwise does
not go into effect for any reason, then this resolution shall be null and void and have no
further force and effect.
Section 5. This decision rendered by the City Council of the City of Santa Ana
is final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the
Council's decision and these findings.
ADOPTED this day of 12013
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Ryan O. Hodge
Assistant City Attorney
Miguel A. Pulido
Mayor
Resolution No. 2013 -xxx
75D -123 Page 3 of
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council,
Resolution No. 2013 -XXX to be the original
City of Santa Ana on
Date:
do hereby attest to and certify the attached
resolution adopted by the City Council of the
Clerk of the Council
City of Santa Ana
Resolution No. 2013 -xxx
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Conditions for Approval for Site Plan Review No. 2013 -05
Site Plan Review No. 2013 -05 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 California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this site plan review approval.
The applicant must remain in compliance with all conditions listed below throughout the life
of the site plan review approval. Failure to comply with each and every condition may
result in the revocation of the site plan review approval.
A. Planning Division
1. All proposed improvements must conform to the Site Plan Review approval
of DP No. 2012 -45 and the staff report exhibits.
2. Any amendment to this plan must be submitted to the Planning Division for
review. At that time, staff will determine if administrative relief is available or
the site plan review must be amended.
3. Landscaping, once installed, shall be maintained per the approved
landscape plan. After project occupancy, landscaping is to be maintained to
include the minimum level of plant materials installed at the time of
occupancy and per the approved plan.
4. A Parking Management Plan documenting how the tandem parking stalls
along with other parking operation will function must be submitted and
approved prior to submittal into building plan check. The project shall
incorporate on -site professional property management for the residential
component.
5. Prior to submittal into building plan check, detailed elevations, shall be
submitted to include exterior finishes, materials, and colors subject to
approval of the Planning Division.
6. A Public Art Plan which proposes a specific work(s) of art for a specific
location(s) shall be submitted to the Planning Commission for review and
approval. Such work of art shall be equal to one -half of one percent (.5 %) of
the value of the project, as determined by standard building permit valuation,
for the installation on the site, at a prime location visible to the public, of
permanent work(s) of public art. The work(s) of public art shall be in place
no later than the first certificate of occupancy for the project and shall be
maintained in perpetuity by the property owner(s).
Exhibit "A"
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SPR NO. 2013 -05
OCTOBER 14, 2013
PAGE 2 OF 6
7. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy as
required by the approved plans.
8. A detailed amenity courtyard plan must be reviewed and approved prior to
issuance of any building permits. The plan shall include details on the
hardscape design, lighting concepts and outdoor furniture for the amenity
deck as well as an installation plan. The exact specifications for these items
are subject to the review and approval of the Planning Division. The
amenity courtyards shall be maintained in the same condition as installed at
the time of occupancy.
9. A detailed water feature plan must be reviewed and approved prior to
issuance of any building permits. The plan shall include a minimum of one
water feature within each courtyard and include elevations, hardscape
design, lighting concepts and an installation plan. The exact specifications
for these items are subject to review and approval of the Planning Division.
The water feature(s) shall be maintained in the same condition as installed
at the time of occupancy.
10. At a minimum, the following items must be included as exterior amenities for
the development: bike racks, enhanced paving on the walkways, outdoor
firepits, barbeque and a pool on the amenity deck. The exact specifications
for these items are subject to the review and approval of the Planning
Division.
11. An interior building amenity plan of the Exercise Room, Leasing Office and
lobbies must be reviewed and approved prior to issuance of any building
permits. The plan shall include details on the various finishes and
equipment to be provided in these rooms. The exact specifications for these
items are subject to the review and approval of the Planning Division.
12. The following items must be included as interior amenities within the
common areas: granite counter tops and hardwood flooring or equivalent.
The exact specifications for these items are subject to the review and
approval of the Planning Division.
Exhibit "A"
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SPR NO. 2013-05
OCTOBER 14, 2013
PAGE 3 OF 6
13. The following items must be included as interior amenities within each unit:
granite counter tops or equivalent, hardwood flooring or equivalent, General
Electric Monogram appliances or equivalent, tiled bathroom and shower
walls, stain grade hard wood cabinets and individual laundry hook -ups. The
exact specifications for these items are subject to the review and approval of
the Planning Division.
14. An elevator lobby plan of each lobby must be reviewed and approved prior
to issuance of any building permits. The plan shall include details on the
finishes and flooring to be provided. The exact specifications for these items
are subject to the review and approval of the Planning Division.
15. Pedestrian walkways shall be provided through the project. The amenities
to be provided along this pathway shall include decorative concrete and
paving, accent lighting, and landscape planters. The materials and design
of the walkway is subject to the review and approval of the Planning
Division.
16. A Resident Storage Plan shall be provided for the project. Storage shall be
available at no cost to the residents.
17. Cast iron drain pipes shall be provided for the project.
18. Smart wiring, including cable television and high -speed cable for computers,
shall be provided for each unit and within the project's common areas.
19. Signage to direct guests to the parking structure shall be provided. A
directional sign plan needs to be submitted and approved by the Planning
Division prior to issuance of a certificate of occupancy.
20. Construction workers for the project shall be prohibited from parking in the
adjacent neighborhoods.
21. Prior to issuance of building permits, a Waste Management Plan shall be
submitted to the Planning Division and Public Works Agency for approval.
The plans shall include information on items such as pick -up, delivery, and
types of bins required. The plan shall fully address operational as well as
daily management functions and responsibilities.
Exhibit "A"
75D -127
SPR NO. 2013 -05
OCTOBER 14, 2013
PAGE 4 OF 6
22. Prior to occupancy of any units, a rental housing execution plan must be
submitted to the Planning Division for review and approval. At a minimum,
the plan shall identify the location of employee and visitor parking, the
location of the rental office, hours of operation for the rental office, and
signage affiliated with the Rental Housing Operational Plan. In addition, the
rental plan must clearly note that the parking and project amenities must be
provided free of charge to the residence.
23. Prior to submittal into building plan check, the design for the courtyard gates
shall be submitted to the Planning Division for approval. The fences /gates
shall be decorative and ornamental in nature as they are the entries to the
interior courtyards.
24. The following best management practices (BMPs) need to be incorporated
into the project construction and operation to minimize green house gas
impacts:
a. Install energy efficient lighting, appliances, heating, and cooling
systems.
b. Install efficient lighting for street and other outdoor lighting.
C. Reduce unnecessary outdoor lighting.
d. Provide education on energy efficiency to residents and /or tenants.
e. Install water - efficient irrigations systems and devices.
f. Design buildings to be water - efficient. Install water - efficient fixtures
and appliances.
g. Provide education about water conservation.
h. Provide easy and convenient recycling opportunities for residents and
tenants.
i. Provide education on recycling waste.
B. Police Department
1. The applicant will be required to submit a security plan for the proposed
project to the Police Department prior to the Planning Commission hearing.
The plan will be required to outline hours of operation for the parking
structure (secured /open), a duress alarm system for the parking structure
and an access control system for the perimeter of the building.
2. Resident parking must be physically separated and secured from all guest
parking.
Exhibit "A"
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SPR NO. 2013 -05
OCTOBER 14, 2013
PAGE 5OF6
3. Parking structure and buildings: Each door within the structure and building
leading into a stairwell, lobby, storage area must be outfitted with a 100
square inch fire rated window. Convex mirrors minimum of 12 inch in
diameter must be provided at each stairwell landing and at each corner
along a walkway. The last flight of each stair must be fully enclosed at its
base.
4. Elevator lobbies must be glass encased (glass entry doors) to provide the
user with maximum visibility. Elevators are to be equipped with minimum 12-
inch shatterproof convex mirrors or are to have mirrored backing.
5. All parking structures vehicular entrances are to be secured with a rolling
grille and outfitted with a Police Department sub mastered Knox Box.
6. Parking structure first floor exits are to be designed to allow emergency
egress only with no exterior hardware.
7. Building /unit addressing is to comply with emergency service standards of
the City of Santa Ana.
8. Lobby doors are to be equipped with a Police Department approved access
control system.
9. Provide a minimum 100 square inch window in the trash room doors.
10. Parking Structure elevators to be equipped with an approved access control
system.
C. Orange County Fire Authority
1. Prior to issuance of a grading permit or a building permit, if a grading permit
is not required:
a. fire master plan with alternate material and method (service code
PR145 and PR910)
b. architectural (service codes PR264- PR272, full review)
C. hazardous materials compliance and chemical classification (service
codes PR315- PR328)
d. underground piping for private hydrants and fire sprinkler systems
(service code PR470- PR475)
Exhibit "A"
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SPR NO. 2013 -05
OCTOBER 14, 2013
PAGE 6 OF 6
e. fire sprinkler system and standpipe system (service codes PR440
and PR460)
f. fire alarm system (service codes PR520)
Exhibit "A"
75D -130