HomeMy WebLinkAbout32A - 2020 AND 2024 N BROADWAY
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 7, 2008
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
TENTATIVE TRACT MAP NO. 2008-01 (COUNTY
MAP NO. 17259) AND SPECIAL USE PERMIT
NO. 2008-01 TO ALLOW TWO OFFICE
CONDOMINIUMS WITHIN TWO BUILDINGS AT
2020 AND 2024 NORTH BROADWAY - CHESSEN
C~AND ASSOCIAT~_
CITY M NAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Tentative Tract Map No. 2008-
01 (County Map No. 17259) as conditioned and Special Use Permit No. 2008-
01 as conditioned.
PLANNING COMMISSION ACTION
On March 10, 2008, the Planning Commission adopted a resolution approving
Tentative Tract Map No. 2008-01 as conditioned and Special Use Permit No.
2008-01 as conditioned by a vote of 4:0 (Betancourt and Gartner
abstained, Leo absent) to create two office condominiums within two
existing office buildings in the Professional (P) zoning district at 2020
and 2024 North Broadway. The Planning commission removed Planning
Division condition No. 12 of the special use permit (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
~'----~
.~ M. Trevino
Executive Director
Planning & Building Agency
CR:rb
cr\reports\ttm08-01sup08-01.CC
32A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
MARCH 10, 2008
TITLE:
PUBLIC HEARING - FILED BY CHESSEN AND
ASSOCIATES FOR TENTATIVE TRACT MAP NO.
2008-01 AND SPECIAL USE PERMIT NO. 2008-01
TO ALLOW TWO OFFICE CONDOMINIUMS WITHIN TWO
BUILDINGS AT 2020 AND 2024 NORTH BROADWAY
PLANNING COMMISSION SECRETARY
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
Carlos Rodriguez
Vince Fregoso
Prepared by
~utive Director
K~~._
Planning Ma ger
RECOMMENDED ACTION
1. Adopt a resolution approving Tentative Tract Map No. 2008-01 as
conditioned.
2. Adopt a resolution approving Special Use Permit No. 2008-01 as
conditioned.
DISCUSSION
Request of Applicant
Chessen and Associates, on behalf of Core Capital Investments, is
requesting the approval of a tentative tract map and special use permit to
create two office condominiums within two existing office buildings
located at 2020 and 2024 North Broadway.
Property Description
The project site consists of two rectangular shaped parcels that total
26,673 square feet in size. Each lot contains a three story office
above a subterranean parking lot with a combined total of 65 parking
spaces. The buildings are connected on the second floor by a breezeway
that allows access between both structures. The buildings are occupied
by several administrative office businesses. Although the site is
comprised of two individual lots, the buildings function as one
structure and are tied together by a recorded covenant.
EXHBIIT A
32A-2
Tentative Tract Map No. 2008-01
Special Use Permit No. 2008-01
March 10, 2008
Page 2
The property is located within the Professional (p)
has a General Plan land use designation of
Surrounding land uses include professional offices
south, professional and residential to the east
residences to the west (Exhibits 1 and 2) .
zoning district and
Professional (P) .
to the north and
and single-family
Project Description
The applicant is proposing to obtain a tract map and special use permit to
allow an air-space office condominium project. Each building will be one
condominium unit that will allow the buildings to be sold individually
(Exhibits 3 and 4) .
Minor site improvements will be made to comply with the requirements of
the condominium conversion ordinance. New meters will be installed to
separate the two condominium units as well as a separate meter for the
site lighting and irrigation. Also, tenant improvements such as new
walls and lighting are proposed for this project. No exterior remodel
or expansion or landscape improvements are proposed with the project.
Analysis of the Issues
In 2007, the City Council adopted an ordinance which created regulations
for the conversion of commercial and industrial sites into air-space
condominiums. Sections 41-1800 through 41-1809 of the Santa Ana
Municipal Code (SAMC) created zoning regulations and Sections 34 -180
through 34-185 established subdivision standards. These standards were
created to ensure that commercial and industrial condominiums would
remain economically viable and would not negatively affect the
surrounding areas. Concern with the subdivision of larger commercial
and industrial centers into small condominiums could create situations
of neglect and blight because of the inability of the owners to properly
maintain the site. In addition, it was necessary to ensure that all
owners were granted access to areas of the site such as parking spaces
and common areas. The ordinance also established the special use
permi t, a new method of approving condominium conversions that require
Planning Commission and City Council approval.
The applicant is applying for a special use permit for the condominium
conversion. A special use permit is similar to a conditional use permit
as it allows staff the ability to impose conditions on the project. The
special use permit also requires the submittal of several documents that
32A-3
Tentative Tract Map No. 2008-01
Special Use Permit No. 2008-01
March 10, 2008
Page 3
discuss the improvements and long-term maintenance of the project. The
first required document is an improvement plan per Section 41-1804(a) of
the SAMC. The purpose of this plan is to identify potential upgrades to
the building that bring the building into compliance with construction
standards. The plan must provide details of the site's ability to
comply with off-street parking, sound transmission, energy efficiency,
open space, setbacks, adopted design guidelines, and landscaping. The
applicant has submitted documentation that addresses some of the items
noted in the improvement plan (Exhibit 5).
The improvement plan was required to be submitted along with the site
plan review application, which was received in December 2007. However,
since this was the first proj ect subj ect to the new ordinance, staff
allowed the applicant additional time to submit the improvement plan and
deferred the plan's submittal to a later date. Due to the immediate
need to review the improvement plan, a condition of approval has been
added that requires submittal of the plan prior to the application's
review by the City Council.
Off-Street Parking
The two existing buildings currently have 65 parking spaces in a below-
grade tuck-under configuration within two separate parking lots while 105
stalls are required. Therefore, this building is short 40 parking spaces.
This equates to a ratio of one space per 538 square foot of office space,
while the current parking requirement for an office use is three spaces
per 1,000 square feet. A covenant will need to be recorded to allow both
parking lots to be utilized by the two condominium owners and their
building tenants. Since the parking is below grade, it is not feasible to
add additional parking stalls. Further, structural support columns are
located throughout the parking area and restrict the ability to add
parking stalls. The site is also surrounded by office and residential
uses that restrict the ability to provide additional on-site parking.
As existing, the site is legal non-conforming due to noncompliance with
the parking standards for office development and may continue to remain in
its current condition. The special use permit allows relief from the
standards if the applicant provides proof that compliance would be
financially or practically infeasible. The applicant has submitted
documentation on the infeasibility of adding parking to the site.
32A-4
Tentative Tract Map No. 2008-01
Special Use Permit No. 2008-01
March 10, 2008
Page 4
Sound Transmission
Although the Building Code does not require sound mitigation for
commercial and office projects, the applicant retained an architectural
and engineering firm to conduct a review of potential sound transmission
issues for the project. The adjoining walls of the buildings are
constructed with four inch bricks and are separated by a two inch gap.
The architect determined that the brick material, in conjunction with the
building separation and gap will minimize sound transmission between the
two condominium units.
Energy Efficiency
Compliance with current energy efficiency standards would be infeasible
for this project, primarily due to the significant changes in the building
code over the past 40 years. At a minimum, improvements such as the
removal and replacement of the exterior glazing, the replacement of all
insulation within the interior walls, new interior lighting, and the
replacement of all mechanical equipment would be needed. Preliminary
analysis done by the architect/engineer has identified a minimum cost of
$150,000 dollars to upgrade the building.
Open Space
The provision of public and/or private open space is
the Professional (P) zoning district and is not
project. Each building does contain an interior open
a lobby that is shared by all tenants.
not a requirement of
incorporated in the
space in the form of
Setbacks
The Professional zoning standards require a 15-foot landscape setback
along Broadway, while a 14-foot landscape setback is provided. Due to the
grade change of the parcel, the applicant is not able to provide the
additional foot of landscaping. The building does comply with the 15-foot
building setback standard as it is 32 feet from the front property line.
Additionally, the site meets all other setback requirements for the zone
such as interior property lines, which was granted a variance in 1961.
32A-5
Tentative Tract Map No. 2008-01
Special Use Permit No. 2008-01
March 10, 2008
Page 5
Design Guidelines
The building is required to comply with the recently adopted design
guidelines for an office development, including architecture, parking lot
layout and building appurtenances. The site complies with the guidelines
as the building has a contemporary architectural design style and no
exterior appurtenances or visible roof equipment. A condition of approval
is proposed to upgrade the site through the repaving and restriping of the
parking lot.
Landscape
Due to the change in grade and tuck-under parking condition, a minimal
amount of landscaping is found on the site. Further, as the majority of
the parking stalls are located underneath the building, it would be
impractical to add planters to the site. Adding landscape planters to the
few open parking areas would reduce the number of available on-site
parking and make the site more non-conforming. However, the landscaping
that is on the site is primarily in the front yard setback and located
within landscape planters. In an effort to bring the site's landscaping
into closer compliance with current code, a condition of approval is
proposed that requires the removal and replacement of the front yard
landscaping. The specifics shall be incorporated in a landscape plan that
must be approved by the Planning Manager and shall include details on
plant materials, irrigation and maintenance.
Section 41-1805 of the SAMC requires separate meters for the units. In
addition, it requires all signal transmission and receiving equipment to
be screened. The metering includes electric, gas and water service for
each unit as well as separate meters for the common areas. The
applicant has confirmed that separate meters will be provided to comply
with this section.
Finally, Section 34-184 of the SAMC requires the approval of a
management plan for the proj ect . At a minimum, the management plan
shall include provisions identifying the long term maintenance schedule
and standards for the site, Covenants, Conditions, and Restrictions
(CC&Rs) for the project, the method of governing vacant and/or unsold
units, and easements and reciprocal agreements between the units. The
applicant is aware of the requirements of this plan and will formally
submit this plan prior to submittal of the final tract map.
32A-6
Tentative Tract Map No. 2008-01
Special Use Permit No. 2008-01
March 10, 2008
Page 6
In addition to the special use permit, a tract map will be required to
create the air-space condominium units. As proposed, the tentative
tract map complies with the subdivision regulations of the City as well
as the State Subdivision Map Act. A condition of approval has been
added that requires utility meters and all improvements to be completed
prior to the recording of the final tract map. The CC&Rs and easements
must be recorded prior to the recordation of the final tract map. The
CC&Rs will address the long term maintenance issues for the site.
In summary, the special use permit process allows the City to evaluate the
condominium conversion project. Additional documents are required by the
applicant that outlines all proposed site improvements as well as future
site maintenance. This information provided by the applicant identifies
several existing site conditions that do not comply with current
development standards. Although the project does not meet with all of the
current development standards, the site has been well maintained and
conforms to the Citywide Design Guidelines. As existing, the project is
not required to meet the current development standards as no building
expansion or exterior remodel is proposed. Only two units are proposed
and the smaller number of condominiums allows for a greater control and
accountability of site maintenance. Additionally, the requirement of a
maintenance plan and CC&Rs will allow site improvements and maintenance to
be completed in a more effective and efficient manner. Approval of the
project will result in a site that is consistent with several policies of
the General Plan. Policy 2.8 of the Land Use Element encourages the
rehabilitation of commercial properties and capital investment within the
City. Policy 2.7 of the Land Use Element emphasizes supporting
developments that create a business environment that is safe and
attractive. In addition, Policy 5.5 encourages development that is
compatible and supportive of surrounding land uses. Lastly, Policy 5.1 of
the Land Use Element encourages developments that have a net community
benefit.
Based on the analysis of the project and the project's compatibility with
the General Plan and applicable development standards, staff recommends
approval of Tentative Tract Map No. 2008-01 and Special Use Permit No.
2008-01 as conditioned.
32A-7
Tentative Tract Map No. 2008-01
Special Use Permit No. 2008-01
March 10, 2008
Page 7
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15301. This
Class 1 exemption allows the subdivision of existing industrial buildings
into common-interest ownership type projects. Categorical Exemption
Environmental Review No. 2007-214 will be filed for this project.
~ H----
Carlos Rodriguez
Assistant Planner II
Vince Fre
Principal
CR:jm
cr\reports\ttm08-01sup08-01,pc
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WESTERN STATES
Engineering, Inc.
4877 E. La Palma Ave. Ste. 707
Anaheim, CA 92807
(714) 695-9300
(714) 693-1002 fax
License # 723791
www.wsecmc.com
February 19, 2008
City of Santa Ana
Planning & Building Agency
20 Civic Center Plaza (M-20)
P.O. BOX 1988 Santa Ana, CA 92702
ATTN: Vince Fregoso, AICP
Senior Planner
RE: DP NO. 2007-80 (MASTER ID NO. 2007-79811), ER NO. 2007-214, CORE CAPITAL OFFICE
CONDOMINIUMS AT 2020-24 NORTH BROADWAY
Subject: Title 24 and Soundproofing Report
Dear Mr. Fregoso,
On February 13,2008 Western States Engineering conducted a visual inspection for the properties
located at 2020 and 2024 North Broadway in Santa Ana in order to verify compliance with the
requirements for off street parking, noise transmission, Title 24 energy conservation, open space,
setbacks, design guidelines, and landscaping. The inspection revealed the following:
1. Off Street Parking:
The parking is a subterranean and partially extends to the exterior of the building. The parking
required for the 35,017 square foot building (3/1000s.f.) would be 105 spaces while only 65
spaces are provided. Due to building structural elements and available space no additional
parking spaces can feasibly be added due to these physical constraints.
2. Sound Transmission:
The walls separating the two buildings are built with solid 4" brick (excellent barrier for low
frequency sound waves).The two existing walls are separated by a 2" gap. It is our opinion that
in a normal office setting the combination of the two solid brick walls and the 2" separation
between provides sufficient soundproofing and noise reduction.
3. Title 24 Requirements:
To meet the current Title 24 energy conservation requirements would be a major hardship in
that it would require researching all the existing light fixtures and equipment; breaking into
existing walls and roof spaces to determine existing R values; and, possibly replacing all
glazing not meeting current heat loss, heat gain, or infiltration requirements. The process would
be very expensive and time consuming. The cost associated with the above compliance is
estimated to be $150,000.
4. Open Space:
There is no open space provided other than the 14ft landscaping setback provided along
Broadway Street and an existing lobby area serving both buildings.
32'rA0BI1IISUP 08-1
'E-xlilBIT 5
5. Setbacks:
A 15ft setback is required along Broadway Street, while a 14ft landscaping setback is existing
and cannot be expanded due to the existing driveway access from the street to the subterranean
parking.
6. Design Guidelines:
No mechanical equipment, electrical equipment, or utilities are visible from the street or
surrounding areas. There are no downspouts.
7. Landscaping:
The existing 14ft setback is landscaped and some planters are provided between the two
driveways leading to the subterranean parking. There are no other areas available for planting.
If you need further information or have any questions please feel free to contact me at (714) 695-9300.
Sincerely,
Joseph Karaki
President
32A-16
KO - 3/18/08
RESOLUTION NO. 2008-10
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
TRACT MAP NO. 2008-01 AS CONDITIONED AND
SPECIAL USE PERMIT NO. 2008-01 AS CONDITIONED
FOR THE PROPERTY LOCATED AT 2020 AND 2024
NORTH BROADWAY (COUNTY MAP NO. 17259)
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 Tentative Tract Map No. 2008-01
(County Map No. 17259) and Special Use Permit No. 2008-01 to create
two office condominiums within two existing office buildings at 2020 and
2024 North Broadway.
B. Tentative Tract Map No. 2008-01 and Special Use Permit No. 2008-01
came before the Planning Commission of the City of Santa Ana for a duly
noticed public hearing on March 10, 2008.
C. For Tentative Tract Map N. 2008-01, the Planning Commission 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 Medium Density Residential
designation on the General Plan and are otherwise consistent with
all other elements of the General Plan.
Tentative Tract Map No. 2008-01 (County Map No. 17259) is
consistent with the land use designation and density
prescribed in the General Plan and will have no adverse
affect on the surrounding land 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.
Tentative Tract Map No. 2008-01 (County Map No. 17259) is
in keeping with the provisions of the site plan review (DP No.
07 -80) and Chapters 34 and 41 of the Santa Ana Municipal
32A-17
Resolution No. 2008-10
Page 1 of 10
Code, all of which pertain to the subdivision of land and
development standards for the site.
3. The project site is physically suitable for the type and density of the
proposed project.
Tentative Tract Map No. 2008-01 (County Map No. 17259) is
proposed for a 0.612-acre parcel of land within an area that
is zoned Professional Office (P). The site has been
determined to be capable of supporting the type and density
of the proposed 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.
No fish or wildlife will be affected by the approval of this map
or by the design and improvements of the project.
Environmental Review No. 2007-214 has been prepared for
this project and has not identified any adverse environmental
impact associated with this project.
5. The design or improvements of the proposed project will not cause
serious public health problems.
The design and improvements associated with this project
will comply with minimum City standards. Separate utility
meters will be provided for the project and will not have any
impact on public health.
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.
Approval of Tentative Tract Map No. 2008-01 (County Map
No. 17259) will not create conflicts with any easements
necessary for public access through the subject property, as
no such easements currently exist.
D. Pursuant to Section 41-1807, to grant a Special Use Permit, the Planning
Commission must make the following findings:
1 . 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.
The proposed office condominium project will not negatively
affect the surrounding commercial properties. The site is
located on an arterial street and within an office corridor of
the City. The existing building and site will remain as
existing and only minor improvements are proposed with this
project. Policy 2.8 of the Land Use Element encourages the
32A-18
Resolution No. 2008-10
Page 2 of 10
rehabilitation of commercial properties and capital
investment within the City. The cosmetic changes to the site
will attract additional office businesses to the site and will
promote the Broadway Corridor as a professional office
district.
2. 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.
The creation of air-space condominiums will not negatively
affect the property maintenance of the project site. As
existing, the site is well maintained and the creation of
CC&Rs will facilitate the future maintenance between the
different building owners. Policy 2.7 of the Land Use
Element emphasizes supporting developments that create a
business environment that is safe and attractive. In addition,
the condition of approval will require the continued removal
of any graffiti that may occur on this site.
3. 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.
The proposed office condominium conversion project will
maintain the existing parking and common areas open to all
condominium owners. Additionally, the Covenants,
Conditions, and Restrictions (CC&Rs) will ensure that all
parties are granted access to the site. These CC&Rs will be
recorded prior to the recording of the final tract map. Policy
5.1 of the Land Use Element encourages development
projects that have a net community benefit. The proposed
condominium conversion will give an opportunity for
business owners to own their own building and to remain
within the City.
4. The proposed common interest development complies with the
goals, policies, and objectives of the City's general plan.
The granting of the variance will not adversely affect the
City's General Plan in any way as the land use designation
of General Commercial (GC) allows for office developments.
The proposed building will be consistent with the goals and
policies of the City's General Plan. Policy 5.5 of the Land
Use Element encourages development that is compatible
and supportive of surrounding land uses. The project site is
located with an office corridor of the City and will maintain
the character of the surrounding office developments.
32A-19
Resolution No. 2008-10
Page 3 of 10
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15332.
This Class 32 exemption allows for in-fill projects in urban areas on project
sites of no more than five acres. Categorical Exemption Environmental
Review No. 2007-214 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Tentative Tract Map No. 2008-01 (County Map No. 17259) as conditioned in
Exhibit "A" attached hereto and incorporated herein. The Planning Commission after
conducting the public hearing hereby approves Special Use Permit No. 2008-01 as
conditioned in Exhibit "A" attached hereto and incorporated herein. These decisions are
based upon the evidence submitted at the above said hearing, which includes but is not
limited to: the Request for Planning Commission Action dated March 10, 2008 and
exhibits attached thereto; and the public testimony, all of which are incorporated herein
by this reference.
ADOPTED this 10th day of March, 2008 by the following vote:
AYES: Commissioners: Alderete, De La Torre, Mill, Munoz (4)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Leo (1)
ABSTENTIONS: Commissioners: Betancourt, Gartner (2)
Harvey De La Torre
Vice Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
32A-20
Resolution No, 2008-10
Page 4 of 10
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2008-10 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March 10, 2008.
Date:
Planning Commission Secretary
City of Santa Ana
32A-21
Resolution No. 2008-10
Page 5 of 10
CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 2008-01
(COUNTY MAP NO. 17259)
Tentative Tract Map No. 2008-01 (County Map No. 17259) 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 Standards Building Code and all other applicable regulations.
The applicant must comply in full 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.
A. Plannina Division
1. The Covenants, Conditions and Restrictions (CC&Rs) for this project must
be reviewed and approved prior to approval of the final tract map.
2. Prior to submittal of the final map, submit a management plan per Section
34-184 of the Municipal Code.
3. Prior to submittal of the final map, submit a conversion plan per Section
41-1804 of the Municipal Code.
4. The CC&Rs must include language that requires all required landscaping
must be installed within a specified time period.
5. 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.
6. The final map must be approved and recorded prior to issuance of building
permits.
7. Development within the area of the map is subject to development and
permit fees in effect at the time of permit issuance.
8. Development within the area of the map is subject to design and
development standards in effect at the time of permit issuance.
9. The project must be in compliance with the provisions of Site Plan Review
(DP No. 07-80).
32A-22
Resolution No, 2008-10
Page 6 of 10
10. 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.
11 . The final map and all improvements required to be made or installed by
the subdivider must be in accordance with the design standards and
specifications of the Santa Ana Municipal Code and the requirements of
the State Subdivision Map Act.
12. Landscaping shall be installed and maintained in accordance with the
approved landscaping plan by the owners and manager of the
development.
13. Developer shall provide as part of the conditions, covenants, and
restrictions that the owner of the lots shall immediately remove any graffiti
placed thereon. The graffiti shall be removed within 24 hours.
32A-23
Resolution No, 2008-10
Page 7 of 10
CONDITIONS OF APPROVAL FOR SPECIAL USE PERMIT NO. 2008-01
Special Use Permit No. 2008-01 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 prior to
exercising the rights conferred by this special use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the special use permit. Failure to comply with each and every condition may result
in the revocation of the special use permit.
A. Plannina Division
1 . The project shall remain in compliance with Site Plan Review DP No. 07-
80.
2. Prior to submittal of the final map, submit a management plan per Section
34-184 of the Municipal Code.
3. Prior to submittal of the final map, submit a conversion plan per Section
41-1804 of the Municipal Code.
4. Prior to submittal of the special use permit to the City Council for approval,
submit an improvement plan per Section 41-1804 (b) of the Municipal
Code. The plan shall include the following items:
a. A statement of the current and proposed management program;
b. A statement of proposed assessments and fees to be charged to
the owners;
c. Notice of submission of application for public report, which includes
the improvement plan and capital reserves;
d. A preliminary inspection report by the City's Building Official that
identifies whether the building is in compliance with Chapter 8 of
the SAMC;
32A-24
Resolution No. 2008-10
Page 8 of 10
e. Compliance of the water delivery system capable of meeting the
city fire flow requirements;
f. Compliance with the Building Security Ordinance;
g. Compliance with the National Pollution Discharge Elimination
System (NPDES) and the Americans with Disabilities Act (ADA);
and
h. A current structural pest control inspection report.
5. The existing nonconforming monument sign shall be brought into
compliance with the City Sign Ordinance.
6. The existing parking lots shall be repaired, repaved and restriped to
comply with current code.
7. A landscape plan shall be submitted to the Planning Manager for
approval. The plan shall include the removal of existing landscaping (as
identified by the Landscape Development Associate) and specifics on new
plant materials, irrigation and maintenance.
8. Landscaping shall be installed and maintained in accordance with the
approved landscaping plan by the owners and manager of the
development.
9. Any amendment to this special use permit must be submitted to the
Planning Division for review. At this time, staff will determine if
administrative relief is available or the variance must be amended.
10. Developer shall provide as part of the conditions, covenants, and
restrictions that the owner of the lots shall immediately remove any graffiti
placed thereon. The graffiti shall be removed within 24 hours.
11. Each condominium shall have a separate electrical meter, along with a
separate meter for the landscaping and site lighting.
32A-25
Resolution No. 2008-10
Page 9 of 10
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA. COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd, Santa Ana, California 92702.
Milad Queijan
Western States Engineering, Inc.
4887 East La Palma Avenue, Suite 707
Anaheim, CA 92807
Rashan Bhata
Core Capital Investments
1800 Century Park East #600
Los Angeles, CA 90067
Chessen and Associates
3420-3A Calle Azul
Laguna Woods, CA 92653
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
ad d ressee( s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARTHA RAMIREZ
32A-26