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HomeMy WebLinkAbout20080207_2008-01_2838-2880SFairviewSt• 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. 0 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 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 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, 2001 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee O ft Assistari City Attorney Resolution No. 2008 -01 Page 3 of 6 • CERTIFICATE OF ATTESTATION AND ORIGINALITY 40 so 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: la�` 5 )- "*-- Clerk of the Zo g Administrator City of Santa Ana Resolution No. 2008 -01 Page 4 of 6 • 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 prior 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 1. 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 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 followina 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 16, 2008) Resolution No. 2008 -01 Page 6 of 6 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 Floor, Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2008 -01 (Tentative Parcel MaD No. 2007 -07) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Bob Kubichek Net Development Co. 3130 Airway Avenue Costa Mesa, CA 92626 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(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. [ j 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 February 7, 2008 at S to Ana, California. I -� " ,'\ JOCELYN MAi5X [ONA