HomeMy WebLinkAboutNS-2755 - Amending Article IX of and Adding Article XVII to Chapter 41 of Santa Ana Municipal Code Relating to Establishments and Conversion of Commercial and Industrial Common Interest Developments
ORDINANCE NO. NS-2755
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 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
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provisions are repeated for tracking purposes only in conformance with
the Charter.
Section 2. Pursuant to Govemment 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. 34-372. 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. 34-373. Application.
The provisions of this Article apply to all commercial and industrial common
interest development projects.
Sec. 34-374. Tentative Map Requirement.
All commercial and industrial common interest development projects shall require
application for and issuance of a tentative map.
Sec. 34-375. 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:
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(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. 34-376. 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.
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Sec. 34-377. 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.
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.
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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
(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.
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(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.
(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.
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(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.
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;
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(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 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.
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(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 7. 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.
Section 8. The City Council, may adopt by resolution, from time to time, a 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 9. 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 anyone or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this 6th day of AUQusl. 2007.
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APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
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-2755 to be the original ordinance adopted by the City
Council of the City of Santa Ana on AUQust 6. 2007, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: ..5'-/ 'f - o'i?
~~
Patricia E. Healy
Clerk of the Council
City of Santa Ana
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