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Home My WebLink About32A - 2830-2880 SOUTH FAIRVIEWREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: TENTATIVE PARCEL MAP NO. 2007-07 (COUNTY PARCEL MAP NO. 2007-179) TO CREATE 24 NON-RESIDENTIAL CONDOMINIUM UNITS AT 2830-2880 SOUTH FAIRVIEW STREET - FAIRVIEW REALTY FUND LP, APPLICANT CIT iVIANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2007-07 (County Map No. 2007-179) as conditioned. ZONING ADMINISTRATOR ACTION On January 16, 2008, the Zoning Administrator after receiving public testimony adopted a resolution approving Tentative Parcel Map No. 2007-07 (County Map No. 2007-179) as conditioned to allow 24 non-residential condominium units within two industrial buildings in the Light Industrial (Ml) zoning district at 2830-2880 South Fairview Street (Exhibit A). The Zoning Administrator added two conditions pertaining to fencing adjacent to unit 2834 South Fairview Street and clarifying the units within the project that could be used exclusively for office. The project findings were also modified pertaining to the office component of the project. FISCAL IMPACT There is no fiscal impact associated with this action. ~- L.1, J Trevino Executive Director Planning & Building Agency BA:rb ba\reports2007\tpm07-07 Net Development Fairview.cc2 32A-1 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: JANUARY 16, 2008 TITLE: PUBLIC HEARING - FILED BY FAIRVIEW REALTY FUND LP FOR TENTATIVE PARCEL MAP NO. 2007-07 (COUNTY PARCEL MAP NO. 2007-179) TO CREATE 24 NON-RESIDENTIAL CONDOMINIUM UNITS AT 2830-2880 SOUTH FAIRVIEW STREET Prepared by Bill Apple PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Manag r RECOMMENDED ACTION Adopt a resolution approving Tentative Parcel Map No. 2007-07 (County Parcel Map No. 2007-179) as conditioned. DISCUSSION Request of Applicant Bob Kubichek, representing Fairview Realty Fund LP, is requesting tentative parcel map approval to allow 24 non-residential condominium units within two industrial buildings at 2830-2880 South Fairview Street. Property Description The project site is 4.66 acres in size and is located at the northwest corner of Fairview Street and Segerstrom Avenue. There are two existing industrial buildings on the site that total 78,510 square feet. The building fronting Fairview Street (Building "A") is 47,989 square feet in size with the rear building (Building "B") containing 30,521 square feet. The two buildings were previously used for manufacturing, warehouse and corporate office uses. The site has a zoning designation of Light Industrial (M-1) and a General Plan land use designation of Industrial (IND). The Floor Area Ratio (FAR) for the property is 0.39, which is less than the 0.45 FAR allowed by the General Plan. The property is surrounded by a mini- storage facility to the north, residential condominium units to the east, commercial and industrial businesses to the south and the Orange County Flood Control channel and industrial buildings to the west (Exhibits 1 and 2) . EXHIBITA 32A-2 Tentative Parcel Map No. 2007-07 January 16, 2008 Page 2 Project Description The map is being filed for condominium purposes, which will allow each building to be subdivided into non-residential air space condominium units. The two buildings are located on one 4.66 acre parcel which provides open space, landscaping and parking for the project site (Exhibit 3) Approximately 12,500 square feet of Building "A" has been demolished to provide parking and driveway access to Fairview Street. A total of 205 parking spaces are provided for the project and will be shared between the condominium units. The units will share a common driveway with access to the site from both Fairview Street and Segerstrom Avenue. Covenants, Conditions and Restrictions (CC&Rs) will be recorded to insure that the property continues to function as an integrated site. The property owner has upgraded the site in anticipation of filing a tentative map for condominium purposes. Exterior tanks, canopies and equipment have been removed from the site. New building entrances and store fronts have been provided to access the condominium units. Roof ladders and roof drainage pipes have been moved to the interior of the buildings. New landscaping has been provided in parking areas in conformance with City codes and existing landscape planters will be rejuvenated with fresh landscaping where needed. The buildings will be freshly painted and the parking lot asphalt will be removed and replaced before the parking area is restripped to City standards. The site has received permits from the state for remediation work. Vapor extraction systems will be placed below the slab of Building "B" with piping running inside of the building and penetrating the roof. All stacks are below the parapet walls for the building and will not be viewable by the public. Analysis of the Issues The proposed project requires a tentative parcel map to create condominium units within two existing industrial buildings. The map will allow each building to be subdivided into multiple air space non- residential condominium units. A total of 16 condominium units are proposed within Building "A" consisting of eight office condominiums and eight industrial condominium units. An additional eight units are proposed within Building "B", also divided between office and industrial units. Each buyer will own the interior air space within their unit as their separate property and will have a common interest in the Association being formed for the project. Property outside the walls of 32A-3 Tentative Parcel Map No. 2007-07 January 16, 2008 Page 3 each building will be controlled by the Association that will administer the Covenants, Conditions and Restrictions (CC&Rs) for the proposed project. The CC&Rs will address issues such as site drainage, reciprocal access, landscaping, maintenance, easements and utilities, and will be recorded prior to approval of the final map. The recording of the final map is necessary before separate condominium units can be sold to individual buyers. Section 34-67 of the Santa Ana Municipal Code (SANG) requires that each and every parcel affected by a subdivision be brought into conformance with building codes and zoning standards prior to recordation of the final map or appropriate variances or waivers be applied for and approved. Variances are not required for this project because the property meets City development standards and there are no new non- conformancies being created as the result of the tentative map. The project complies with the provisions outlined in Chapter 34 for the subdivision of property, building codes and the City's zoning ordinance as a non-conforming property. There were no other impacts to adjacent properties or the environment identified. The subdivision is consistent with the City's General Plan and complies with the provisions of the State Subdivision Map Act. Based upon the above analysis and findings, staff recommends that the Planning Commission approve Tentative Parcel Map No. 2007-07 (County Parcel Map No. 2007-179) as conditioned. 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 allows the subdivision of existing industrial buildings into common-interest ownership type projects. Categorical Exemption Environmental Review No. 2007-211 will be filed for this project. ~3.C,Q P~ Gt~~~'--- Bill Apple Associate Planner ./~~.. Vince Fre oso, ICP Senior Pla r BA j m ba\reports2007\tpm07-07 Net Development Fairview.za 32A-4 / FORDHAM M1 R3 R1 R1 ,,,~ R3 ~` M1 Ri _ MAnv oA. M1 R3 R1 M1 M1 ~ R1 '"" Av R1 ~ R1 nR3 Ri R3 M1 `--d R1 Ri R1 R3 R7 o eTOM Av M1 M1 i R1 R1 ~ R1 R1 R1 I i C7 ~ R4 3 WARNER AV. M1 j Rt-PRD eau 1 °' N C4 __---___ R1-PRD T J M1 W ~~5~_-~-- R1-PRD M1 ~ II R2-PRD e ~ LL %l i -~ I aM~-3eo ` t88 M1 M1 cexrRu y y R1-PRD R1-PRD R1-PRD R1 ~ ADAMS R4 ~ > M1 A ~ W AV %AV M1 "°A""S~' ~ o - R1 `¢' ~ Ri-PRD M, ~ / PROJECT ~ ~ Av. M1 y ~ M1 R1 a R1- R1-PRD a I SITE ~~~ i Av. PRD o o av . ~ ~ K~ - z~ K ~. '; I i R1-PRD SEGERSTROM AV. -- -- \ SD- y ~ II II R7-PRD M1 Mi Mi I II.~~===~ I%~~ I I Al A7 "z° I Al M1 i M1 M1 o m ~qAi ~ Al Al o Al z Ai Al ~ s Al M1 .. J m _ A LTON AV _ -~ _ ° ~ ~-~'' ~`~ I R2-PRD Mi °a Mi i I I _ Q p`' e ^ ~ I~ ~ I I li°II R2-PRD e Av MAC ARTHUR BL. j` r~ cuRi ep p Mi M1 - SD-4 ~ zp tp ° R2-PRD SD -51 1 p p p2 s C5 I M1 M1 M1 R3 Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C7 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 REAW INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT TPM 07-7 MR. BOB KUBICHEK ~~~-~~~` FAIRVIEW REALTY FUND, LP ~ 1"=1000 FEET 2830-2880 SOUTH FAIRVIEW STREET =500 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP ~8~ 1 I N D U S T R I A L APARTMENTS W W INDUSTRIAL/ ~ COMMERCIAL N M / N I S T O R A G E U y ~` ~ i ~~~~ - 3 k ' r ~ INDUSTRIAL ~ x ;~ ~ ~ ~ .~ ~ ~` s ~ s,~ _ ~ +f Y O } '. .. F t~~~'.' ~ ', ~ ~~~ ~ ~i~' 1 ~: ~~ U ~ rd I , . : t r G e ,G t+ri ~. y , - ~ Z 1 ~' 2 r t c~~~y ~'2't-~4 t ~y ~ ~~~ t ~ ~ U ~x '.e i t: r ~" t~. a i ~5t ~ ~`~~ ' . O `''~~ t ~,~ ~ r ~^ ., ~. , ae ~ ~ [.~. ~ ~ 4, y - x ~' r LQL SEGERSTROM AVENUE o ~ INDUSTRIAL/ (j ~ COMMERCIAL ? ~ I N D U S T R 1 A L ~ U p 2 O ~ TPM 07-7 - MR. BOB KUBICHEK _ FAIRVIEW REALTY FUND, LP ~'' 2830-2880 SOUTH FAIRVIEW STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 32A-6 -- qq yY o~s~iu.w o au\c~ no\.~ `~ ~ "~a dd~io i 9; S R5 e ~ ~e a - ~ Y i ~a #r 7~`~ "6 c 4 Y ~~~ € ~~a_ 2 y,0 0 g 3 x ¢ tl ~ a Ern ~ a ~a ~ p ~ ~~ §~~~~ ~a ~R~~ e~4. go Y~9~. y p n ~k ~aE ~ k 8 ~ }' Y`" 4 5 a 5 a3 9 s~wz~~~~& g~ •g~i pa n ~ ~ @ t~_~gec ~ yea 'a.,e ~,~a €~3~. Y ~ 4 $ ~ zt~s G ~~ G ~s~eE jai gg 8 k8 8 ~ i p a~:~iY§~ F9 ~ yy 'a~ ~`m! ~~ ~ 8~ ~8 ,~, ~c c n ~~3Q ~ m .a m ~ ~ ~"~~aag 1~i~ay oat 9~~ ~ a w n ~ n ~ ~~ ~Yy ~ ~ ~~~i ~~ ~~x a213~~ w °& ~~~~a~ 0 3~ ~a a~ m~ W a~ a~~~~a i~ ayAAp~~: ~ a p ~ o ~ ~ w s €b g~ gg~ r s ~ a _ " ~.i~pA~e€ "r. 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I I I I ~ ~ ~ a ~`E a 's ~k ~X a z ~ ~~, _ m ,~- _ _ III I I I i~ ~ ~ ~$~ ; ~' ~~ xy ~ ~3~ a -s ~ I l l I I I I r---- o Y 1~ fi: ,3 ~~ $ q"~ I ti i ~ ~ " " I I I iii e .I II a _ - ~ - -~ I------- .~ ~ ~r~H ~--r-rte ~I ~TF`- madP" _ 8 I n.aq m.ic« ~ g _ _ _ _ ~ ~ _ _ _ _ - - - - - - - - I 1JI2LL5101ON1N00 g q - 100011 A1NllO~~ONYHO_a., _ ~ ~9 - - - - - -~ - s Z . u aw.oai~1 ~' - _ .. -_-----E'a-_- ~ ~~ r -~ w ^~sv -_ ` R$ _ _ _ I Q ~}~_____ ________. ~ I - - - - - JI-1'u u .~~, ,~~~ •~ Y 3 Z ° ~ q y ~ ~ Y ~ " z n 7 q~~~ e j~ Y 6 y` y ~ E q ~ ~ ~ G~ ; ~ q d _& X ~ ~ ~ E 6 E $ - P F _ .. _ _ ... ~ ...... y oooaooaaooaoo 0 KO 1 /18/08 RESOLUTION NO. 2008-01 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2007-07 (COUNTY PARCEL MAP NO. 2007-179) TO ALLOW 24 NON-RESIDENTIAL CONDOMINIUM UNITS WITHIN TWO INDUSTRIAL BUILDINGS AT 2830-2880 SOUTH FAIRVIEW STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of a is requesting approval of Tentative Parcel Map No. 2007-07 (County Map No 2007-179) to allow 24 non-residential condominium units within two industrial buildings at 2830- 2880 South Fairview Street. B. Tentative Parcel Map No. 2007-07 came before the Zoning Administrator of the City of Santa Ana for a public hearing on January 16, 2007. C. Santa Ana Municipal Code Section 34-126 authorizes the Zoning Administrator to approve a tentative parcel map after making findings. 1. The proposed project, as conditioned, and its design and improvements are consistent with the Industrial 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 subdivision is consistent with the Industrial land use designation and the other elements of the General Plan and the provisions outlined in Chapter 34 for the subdivision of property. The project is located within the Light Industrial (M-1) zoning district which is consistent with the General Plan designation of Industrial for 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 property conforms to the provisions of the zoning code with respect to landscaping, setbacks, parking, lot size and frontage. The office component of the project was previously permitted and approved. The project meets the Resolution No. 2008-01 32A-9 Page 1 of 6 intent of the zoning code in that office area does not exceed 30 percent of the building square footage for the project. The subdivision is in compliance with Chapter 34 of the Santa Ana Municipal Code and the State Subdivision Map Act which governs the subdivision of property in California. In addition, Covenants, Conditions and Restrictions (CC&Rs) addressing drainage, reciprocal access, landscaping and maintenance will be recorded prior to approval of the final map. The project meets the intent of industrial designation by having a balance of 30 percent office with the remainder industrial use per site. The reduction of the existing office building square footage and the addition of parking spaces and landscaping ensure a well balanced development site in harmony with the industrial zone intent. 3. The project site is physically suitable for the type and density of the proposed project. The map is being filed for non-residential condominium purposes, which will allow the air space within two industrial buildings to be subdivided into a total of 24 condominium units and sold to individual buyers. The buildings on the project site are existing and no new square footage is proposed for the project. Approximately 12,500 square feet of Building "A" has been demolished to provide parking and driveway access out to Fairview Street. New store front entrances are being provided for the new condominium units. The site is suitable for subdivision into condominium units as proposed by the applicant. Any future development will comply with appropriate City codes and provisions. 4. 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 project site is located in an urbanized area. There are no known fish or wildlife populations, wetlands or unusual flora or fauna on or around the project site. Since the buildings on this site exist and there is no further subdivision of the underlying parcel, the proposed air space subdivision for condominium purposes 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 subdivision of this property for non-residential condominium purposes will not have detrimental effects upon the general public. All improvements on the property Resolution No. 2008-01 Page 2 of 6 32A-10 currently exist and comply with City standards pertaining to sewer, water, utilities and infrastructure. This is an existing site with existing improvements which have not caused any previous public health problems. 6. 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. The subdivision will not conflict with easements necessary for public access, since public access is provided from either Fairview Street or Segerstrom Avenue. Covenants, Conditions and Restrictions (CC&Rs) will be recorded for the project, as well as necessary ingress and egress easements and agreements to insure that public access to the site is maintained. D. 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 allows the subdivision of existing industrial buildings into common-interest ownership type projects. Categorical Exemption Environmental Review No. 2007-211 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Tentative Parcel Map No. 2007-07. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Zoning Administrator Action dated January 16, 2008, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 16th day of January, 2008. Sergio Klotz Acting Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Resolution No. 2008-01 Page 3 of 6 32A-11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2008-01 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on January 16, 2008. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2008-01 Page 4 of 6 32A-12 Conditions for Approval for Tentative Parcel Map No 2007-07 Tentative Parcel Map No. 2007-07 (County Parcel Map No. 2007-179) 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 rior to exercising the rights conferred by this tentative parcel map. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. Failure to comply with each and every condition may result in the revocation of the parcel map. A. Planning Division Comply with Development Review Committee comments outlined in the letter dated July 26, 2007 for Site Plan Review DP No. 2007-27. 2. Provide an exhibit shading all landscape areas for the project and showing the location and species of trees on the project site. The project, at minimum, shall retain the number of trees and amount of landscaping existing at the time of City approval. Landscape areas shall be maintained by the association and the landscape exhibit recorded as part of the CC&Rs for the project. 3. Electric meters shall be maintained within each building or condominium footprint and shall not be installed on the exterior of the building. All other utility meters must be screened from public view with landscaping or materials approved by the Planning Division. 4. Covenant, Conditions and Restrictions (CC&Rs) shall be created for the project and approved by the City prior to recording of the final map. The CC&Rs shall establish a master association for the project that will be responsible for the operation and maintenance of all common areas. The CC&Rs shall address issues pertaining to reciprocal access, site lighting, irrigation, landscaping, paving, fencing, parking, architecture, drainage, screening of roof mounted equipment, easements to maintain fire department access, hydrants and fire protection equipment and restrictions pertaining to outdoor storage and equipment. The CC&Rs shall address how disputes between condominium units shall be resolved. The CC&Rs shall address all issues to the satisfaction of the City and shall be approved by the City prior to recordation of the final map. Exhibit A Resolution No. 2008-01 Page 5 of 6 32A-13 5. The project shall continue to function as an integrated development. No fences will be permitted in the common area or across drive aisles for the purpose of creating yard areas for individual condominium units with the exception of the west end of the unit addressed as 2834 South Fairview which shall be permitted to maintain the fenced area shown on the approved plan for DP No. 07-27. This fenced area must not conflict with any building code provisions or shall be modified to alleviate the conflict. (Modified by the Zoning Administrator on January 16, 2008) 6. All pot holes, raised paving and broken curbs within the boundaries of the map shall be repaired and parking areas slurry coated and restriped to City standards as part of a normal maintenance program. 7. Two copies of the recorded final parcel map and City approved CC&Rs shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 8. The tentative map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the design standards and specifications of the City of Santa Ana and shall comply with the requirements of the State Subdivision Map Act. 9. All development within the area of the map is subject to development and other applicable fees including permit fees in effect at the time of permit issuance. 10. All development within the area of the map is subject to all design and development standards in effect at the time of building permit issuance. 11. The following units at 2880 Fairview Street Units 101 102 103 104 201 202, 203 and 204: and 2850 Fairview Street Units 101 102 201 and 202 shall be allowed as 100 percent office units All other units shall comply with applicable zoning standards. (Added by the Zoning Administrator on January 76, 2008) Resolution No. 2008-01 Page 6 of 6 32A-14