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HomeMy WebLinkAbout11A - ORD NONRESIDENTIAL CONDO DEVELOPORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE IX OF AND ADDING ARTICLE XII TO CHAPTER 34 AND ADDING ARTICLE XVIII TO CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ESTABLISHMENT AND CONVERSION OF COMMERCIAL AND INDUSTRIAL COMMON INTEREST DEVELOPMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana has seen a large increase in the number of nonresidential (commercial and industrial) properties that are seeking to convert to condominiums (common interest developments). B. These applications being processed, in general, relate to properties that otherwise could not obtain a tentative parcel or subdivision map because in one or more instances they fail to comply with the provisions of a state statute or city ordinance. C. The unregulated division of large industrial and commercial structures within the city into small, individual condominiums is contrary to the goals and policies of the city's general plan, because the city needs to preserve and enhance the ability of large and growing commercial and industrial employers to remain in Santa Ana. D. The unregulated division of large industrial and commercial developments within the city into small, individual condominiums is contrary to the goals and policies of the city's general plan because it replaces a single party responsible to prevent neglect and blight of the common spaces of such developments with an association. E. Pursuant to CEQA, the City of Santa Ana has adopted Categorical Exemption No. 2007-74 for the adoption of this ordinance. F. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions Ordinance No. NS-xxxx Page 1 of 11 11 A-1 of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Pursuant to Government Code section 66474.2, the terms and provisions of this ordinance shall not apply to any proposed subdivision for which a complete application was received by the City prior to the effective date of this ordinance. Section 3. Article XII is added to Chapter 34 of the Santa Ana Municipal Code to read in full as follows: ARTICLE XII -COMMERCIAL AND INDUSTRIAL COMMON INTEREST DEVELOPMENT REGULATIONS Sec. 34-180. Purpose. This Article is enacted to establish requirements and procedures for the evaluation of commercial and industrial common interest development projects. Such regulation is necessary to provide for the adequate maintenance of common areas, facilities and amenities, such as buildings, parking, ingress and egress, subjacent support, utilities and the like, in commercial and industrial common area interest development projects in order to support the continuing viability of such common interest projects and avoid conditions of neglect and blight. Additionally, such regulation is necessary to the support of a healthy local economy by preserving opportunities for large-scale commercial and industrial uses to avoid the conversion, fragmentation and diminution of large commercial and industrial buildings and lands within the city. Sec. 34-181. Application. The provisions of this Article apply to all commercial and industrial common interest development projects. Sec. 34-182. Tentative Map Requirement. All commercial and industrial common interest development projects shall require application for and issuance of a tentative map. Sec. 34-183. Conditions of approval. No tentative map for a commercial or industrial common interest development shall be issued unless all of the following conditions have been met and the applicant has agreed in writing to comply with all of these conditions: Ordinance No. NS-xxxx Page 2 of 11 11 A-2 (a) The applicant, at its sole cost, shall prepare, submit for prior review and approval by the city, and record concurrently with the final map, governing documents for the common interest development that include sufficient provisions for governance, funding and capitalization, and enforcement mechanisms, including enforcement by the city, to ensure that the common areas shall be adequately and safely maintained and repaired for the life of the common interest development and that such common area shall be retained for the use of all owners within the development. Prior to approval of the final map by the city, the applicant shall submit the proposed governing documents to the city for review, and approval as to form by the City Attorney, for compliance with the requirements of this section. (b) The applicant shall, at its sole cost, prepare grant deeds or reservations for all mutual or reciprocal easement rights, which shall be reviewed by the city for compliance with the terms of this Chapter, and shall upon city approval be recorded concurrently with the approved parcel or final map. (c) Any other condition imposed by the planning commission or city council to accomplish the purposes of this Chapter or for the preservation of public health, safety or welfare. Sec. 34-184. Management plan. An application for a tentative map for a commercial or industrial common interest development shall be accompanied by a management plan which sets forth a comprehensive representation of the project governance process, including but not limited to the following components: (a) A maintenance plan which includes a long-term project maintenance schedule and operations standards to ensure maintenance of the site to a high standard. (b) Proposed CC&R provisions setting forth the rules of project governance and management, including the establishment of a board of directors (duties, powers, election and replacement). (c) A statement of the means of governing the management of vacant and/or unsold units. (d) All ingress and egress easements, drainage easements, and reciprocal parking agreements, if necessary, between owners of the units, shall be included in the proposed CC&R's. Ordinance No. NS-xxxx Page 3 of 11 11 A-3 Sec. 34-185. Conversion Project -Special Use Permit Required. No tentative map or final map for a commercial or industrial conversion project (as that term is defined in this Chapter) shall be approved unless a special use permit has been issued by the city in accordance with the procedures and provisions of this Article and the procedures and provisions of Chapter 41 of this Code. Section 4. Article XVIII is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: ARTICLE XVIII -CONVERSION OF EXISTING BUILDINGS TO COMMERCIAL AND INDUSTRIAL COMMON INTEREST DEVELOPMENT Sec. 41-1800. Purpose. This Article is enacted, pursuant to the city's authority as a charter city and section 66427(d) of the Government Code, to establish requirements and procedures for the evaluation of commercial and industrial condominium conversion projects. Such regulation is necessary to provide for the adequate maintenance of common areas, facilities and amenities, such as buildings, ingress and egress, subjacent support, utilities and the like, in commercial and industrial common area interest development projects in order to support the continuing viability of such common interest projects, avoid conditions of neglect, to protect the public from the potential blighting effects of deteriorated or undercapitalized commercial and industrial conversion projects and provide adequate off-street parking. Additionally, such regulation is necessary to the support of a healthy local economy by preserving opportunities for large-scale commercial and industrial uses to avoid the conversion, fragmentation and diminution of large commercial and industrial buildings and lands within the city. Sec. 41-1801. Definitions. The definitions set forth in this Section shall govern the application and interpretation of this Chapter: A. "Common interest development" has the meaning given to that term in Civil Code Section 1351(c). B. "Common area" means the entire area within the common interest development except the separate interests therein, and also includes any mutual or reciprocal easement rights appurtenant to the separate interests. Ordinance No. NS-xxxx Page 4 of 11 11 A-4 C. "Conversion project" means a subdivision which consists of conversion of existing buildings into a common interest development. D. "Unit" means a legal parcel, including a common area parcel. Sec. 41-1802. Special use permit. In addition to complying with the requirements of Chapter 34 of this Code, no conversion project for a commercial or industrial common interest development may be issued a tentative map unless it obtains a special use permit in compliance with the requirements of this article. Sec. 41-1803. General standards for preexisting buildings. Buildings which are the subject of a proposed conversion project that are, prior to application, in violation of Chapter 8 of this Code; must be brought into compliance before issuance of a special use permit, unless a different time frame is specified in the conditions of approval of said permit. Issuance of a positive report pursuant to section 41-1804(b)(7) of this Code shall be deemed to constitute compliance with this section. Sec. 41-1804. Conversion plan. An application for a conversion project for a commercial or industrial common interest development shall be accompanied by a conversion plan which sets forth a comprehensive representation and scheduling of the conversion process including but not limited to the following components: (a) An improvement plan shall be submitted to the city providing for upgrading the complex to the standards then in effect for construction of new buildings with regard to the following matters: (1) provision of off-street parking spaces (both number of spaces and compliance with other parking standards), (2) sound transmission, (3) energy efficiency, (4) open space, (5) setbacks, (6) adopted design guidelines, and Ordinance No. NS-xxxx Page 5 of 11 11 A-5 (7) landscaping. If the applicant contends that compliance with one or more of such standards is financially or practically infeasible, it shall bear the burden of proof of such claim to the city; and the city shall adopt written findings following a noticed public hearing relating to any such claim as part of its consideration of the application for special use permit. The improvement plan shall also demonstrate that all existing onsite facilities which are to be retained to be brought into reasonably sound and attractive condition. (b) At a minimum, the improvement plan shall include (1) A site plan showing all existing and proposed structures, including walls and fences, landscaping, irrigation systems and driveways and parking areas. (2) A statement of the current and proposed ownership of the subject property and its current and proposed use. (3) A description of the property, including acreage, number of existing tenant spaces and the proposed units, showing the size of each proposed unit. Each unit shall be physically separated from each other unit by walls, floors, ceilings and the like. (4) A statement of the current and proposed management program, including structural maintenance, landscape maintenance, and parking allocation for each unit. (5) A statement of proposed assessments and fees to be charged to owners of units after conversion. (6) Notice of submission of application for public report which includes the improvement plan and capital reserves. (7) The results of a preliminary inspection requested by the applicant and performed by city's building official or authorized representative, identifying whether the building in its current condition (i. e., presuming no special use permit is sought) is in compliance with Chapter 8 of this Code. Applicant shall be responsible for paying the then current fee assessed by the city for such inspection. (8) Compliance of the water delivery system capable of meeting the city's fire flow requirements as applicable to new construction and related fire department access per currently adopted fire code. Ordinance No. NS-xxxx Page 6 of 11 11 A-6 (9) Compliance with the building security regulations set forth in Chapter 8, Article II, Division 3 of this Code as applicable to new buildings. (10) Compliance with section 18.165.1 through 18.165.4 of this Code relating to the National Pollution Discharge Elimination System (NPDES), and compliance with Chapter 8 of this Code as it relates to the Americans with Disabilities Act. (ADA). (11) A statement that all exterior appurtenances, such as ladders, down spouts, conduits and piping will be removed. (12) Compliance with Article XI of Chapter 41 of this Code (signs). (13) A current structural pest control inspection report issued by a licensed structural pest control operator, showing the subject premises to be free of evidence of termite, dry-rot, fungi and/or damage therefrom. Such a report shall be deemed current for a period of not more than ninety (90) days following the date of inspection. Sec. 41-1805. Utility requirements for the approval of special use permit. No special use permit shall be approved unless the project complies with the following requirements: (a) Electric power, gas and water services must be separately metered for each unit, unless such separate metering is found to be practically or financially infeasible as set forth in section 41-1804(a). (b) Signal transmitting and receiving equipment, including cables, for individual units shall be screened. (c) Common area utilities must be metered separately from unit utilities. Meters providing such separation may be either municipally owned or, subject to the written approval of the director of public works as to type, owned by the associated owners in common. (d) Compliance with sections 34-82 et seq. and 41-626 of the Code, applying to installation of underground utility service lines, as though it were new construction. Sec. 41-1806. Processing special use permits. An application for a special use permit pursuant to this article shall be considered by the city's planning commission and city council in concurrence with the applicant's tentative map application. Ordinance No. NS-xxxx Page 7 of 11 11 A-7 Sec. 41-1807. Findings. In addition to the findings required by Chapter 34 of this Code and other provisions of this article, no special use permit may issue for a commercial or industrial common interest development unless and until all of the following additional findings are first made: (a) The proposed common interest development will not adversely impact the economic viability of large-scale commercial and industrial uses in the vicinity of the development, or in the city as a whole; (b) The proposed common interest development includes sufficient provisions for governance, funding and capitalization, and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development; (c) The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interests therein; and (d) The proposed common interest development complies with the goals, policies and objectives of the city's general plan. Sec. 41-1808. Completion of improvements. All improvements required pursuant to the conditions of an approved special use permit shall be completed prior to issuance of a final map for the project. Sec. 41-1809. Expiration of special use permit. A special use permit shall expire after two years, unless a final map for the project is recorded in that time. The Executive Director of the Planning and Building Agency may in writing extend the permit for not more than one year, upon written request by the permit holder made prior to the expiration date. Section 5. Sections 34-301 and 34-302 of the Santa Ana Municipal Code are hereby amended to ensure that they only apply to both residential and nonresidential condominium conversions, such that they read as follows: Sec. 34-301. Purpose. The purpose of these provisions is to establish standards for the development of common interest developments; to establish standards for the conversion of buildings, including rental Ordinance No. NS-xxxx Page S of 11 11 A-8 apartment buildings, into common interest developments; to protect the public from the potential blighting effects of deteriorated or undercapitalized conversion projects; to provide adequate off-street parking; and to mitigate the hardships caused by the mass displacement of tenants attendant to conversion projects. Sec. 34-302. Applicability. (a) This article applies only to common ownership projects for which a final map is required by the State Subdivision Map Act. As used herein, "final map" includes any parcel map required by Section 66426 of the said act. (b) This article does not apply to investment apartments. (c) Except as otherwise provided, the provisions of Division 1 of this article apply to all common interest developments, including conversion projects. Section 6. The title to Division 2 of Article IX of Chapter 34 and section 34-331 of the Santa Ana Municipal Code are hereby amended to ensure that they only apply to residential condominium conversions, such that they read as follows: DIVISION 2. RESIDENTIAL CONVERSION PROJECTS Sec. 34-331. Applicability. In addition to complying with the requirements of Division 1, all residential conversion projects must comply with the requirements of this division in order for the final map to be approved. Section 6. Section 34-29 is added to Chapter 34 of the Santa Ana Municipal Code to read in full as follows: Sec. 34-29. Common area. "Common area" means the entire area within the common interest development except the separate interests therein, and also includes any mutual or reciprocal easement rights appurtenant to the separate interests. Ordinance No. NS-xxxx Page 9 of 11 11 A-9 Section 7. The City Council, may adopt by resolution, from time to time, fee for application for a special use permit. Until such resolution is adopted, the application fee for a special use permit as set forth by this ordinance shall be the then current application fee charged by the city to process a conditional use permit. Section 8. 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 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 11A-10 2007. Miguel A. Pulido Mayor Ordinance No. NS-xxxx Page 10 of 11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-xxxx Page 11 of 11 11A-11 11A-12