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Home My WebLink About31A - 1043 AND 1045 EAST FOURTH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: TENTATIVE PARCEL MAP NO. 2007-02 (COUNTY PARCEL MAP NO. 2006-233) TO CREATE TWO INDUSTRIAL CONDOMINIUMS AT 1043 AND 1045 EAST FOURTH STREET - 4SA PROPERTIES, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Tentative Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) as conditioned. PLANNING COMMISSION ACTION On June 11, 2007, the Planning Commission approved Tentative Parcel Map No. 2007-02 (County Map No. 2006-233) as conditioned by a vote of 5:0 (Betancourt, De La Torre absent) to allow two industrial condominiums within two industrial buildings in the Heavy Industrial (M2) zoning district at 1043 and 1045 East Fourth Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ay M. Trevino Executive Director Planning & Building Agency BA:rb ba\repotts2009\tpm09-02 Net OevelopmenL cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 11, 2007 TITLE: PUBLIC HEARING - FILED BY 4SA PROPERTIES FOR TENTATIVE PARCEL MAP NO. 2007-02 (COUNTY PARCEL MAP NO. 2006-233) TO CREATE TWO INDUSTRIAL CONDOMINIUMS AT 1043 AND 1045 EAST FOURTH STREET PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Bill Apple _ ~ a ~.u ~~ X 1 L-. - // ,.-- Executive Director Planning Hager RECOMMENDED ACTION Adopt a resolution approving Tentative Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) as conditioned. DISCUSSION Request of A licant Bob Kubichek representing 4SA Properties, LP, is requesting tentative parcel map approval to allow condominiums within two industrial buildings at 1043 and 1045 East Fourth Street. Property Descrivtion The project site is 2.96 acres in size and is located at the northwest corner of Fourth and Terminal Streets. There are two existing industrial buildings on the site that total 54,717 square feet. The building fronting Fourth Street (Building "A") is 8,300 square feet in size with the rear building (Building "B") containing 46,417 square feet. The two buildings were previously used for food processing, manufacturing and warehouse uses. The site has a zoning designation of Heavy Industrial (M-2) and a General Plan land use designation of Industrial (IND). The Floor Area Ratio (FAR) for the property is 0.42, which is less than the 0.45 FAR allowed by the General Plan. The property is surrounded by industrial uses with the Burlington Northern and Santa Fe railroad line and Regional Transportation Center located northwest of the project site (Exhibits 1 and 2). EXHIBIT A 31 A-2 Tentative Parcel Map No. 2007-02 June 11, 2007 Page 2 The property is located in the Santa Ana Renaissance Specific Plan study area. This plan is anticipated to be heard by the City Council in the summer of 2007. The plan conceptually designates the property as an Urban Center use or Urban Neighborhood 2 use and identifies a portion of the site as a potential street. The specific plan would allow existing uses to continue in compliance with the non-conforming provisions of the Santa Ana Municipal Code. Project Description The map is being filed for condominium purposes, which will allow each building to become an industrial air space condominium unit. The two buildings are located on one 2.9 acre parcel which provides open space, landscaping and parking for the project site (Exhibit 3). There is no new construction proposed. A total of 110 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 occurring from either Fourth or Terminal Streets. 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 worked diligently with staff to upgrade the site in anticipation of filing a tentative map for condominium purposes. A 9,550 square foot metal building has been demolished and exterior tanks, canopies and equipment have been removed from the site. Roof ladders and roof drainage pipes have been moved to the interior of the buildings. New landscaping has been provided in the parking areas in conformance with City Codes and existing landscape planters have been rejuvenated with fresh landscaping. Trees have been planted where possible along the railroad corridor. Architectural improvements such as providing new building entrances have been made improving each structure's appearance from the site's interior and from Fourth Street. The buildings have been freshly painted and the parking lot has been slurry coated and restripped to City standards. 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 sold as a separate air space condominium unit. Each buyer will own the interior air space within the building as their separate property and will have a common interest in the 31 A-3 Tentative Parcel Map No. 2007-02 June 11, 2007 Page 3 Association being formed for the project. Property outside the walls of 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 each building can be sold as a separate condominium unit. 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 is considered legal non-conforming and there are no new non- conformancies being created as the result of the tentative map. The City is in the process of developing an ordinance that will regulate industrial and commercial condominium developments. The applicant has made considerable architectural and landscape upgrades to the site in anticipation of this new City ordinance. The project complies with the City's subdivision ordinance, building codes and 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. 2007-02 (County Parcel Map No. 2006-233) as conditioned. CEQA Com liance 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. 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I I Rz qz R1 R1 R1 '~ nl Mz SD-16 R4 1I R4 R1 ~ qz ql R1 R7 R1 R1 ~ ~ qt M2 _- Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -8 PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM pISTRICT Mt LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAW INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R6 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 07-2 ~ .Y. m. ` BOB KUBICHEK, 4SA PROPERTIES ~ "~ 1043 & 1045 EAST FOURTH STREET - - = 500 FEET 1"= 1000 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 3~`~Bv~' Z O ~ . C. 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E ¥ ??? ~ m ® ~ PggY ~ 3 E4$~ ~~ ~ y - ~ yq .~ 3 ~: ~~~SJ ~4 a ' a ~ I i ~ € w • • • m £ ® , I L_~ s a a ~. tl ~~ 3 1{'C~3of5 _. _ __._. _.. i ni so~~n v..nu ~~ 9.!\MQ~QY~i1M iYRY g b \. ~o ~ ~"Y?S'r u • ".~ CrL'.~ ..'$JLT..'SSq'y"l~y~yila iiOSR WA \'~c 9A..AC'd ~~ S9'~ I ~ j o it sat " ~:" ~ - li'R.1Y1Y ~,tlI Y`iTY u Z' I ~~/oe~l 0 _ _ _ _ __. JN/ 'NOSSO]J 8 NOSSO'IJ 1N341dO~9n3G~i9N VD 'P,,eeN~~7yC1N0//161 '11~3~3x'18 N1yy~UnOd fb0~11Y1 ~Q IG I Y xiS. IQN 1~~G1'S r'Il~nOd KO - 617/07 RESOLUTION NO. 2007-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2007-02 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1043 AND 1045 EAST FOURTH STREET (COUNTY PARCEL MAP NO. 2006-233) 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 Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) to allow condominiums within two industrial buildings at 1043 and 1045 East Fourth Street. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on June 11, 2007. C. The Planning Commission of the City of Santa Ana determines that the following findings have been established: 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 Heavy Industrial (M-2) zoning district which is consistent with the General Plan designation of Industrial for the area. 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 is legal non-conforming and therefore conforms to the provisions of the zoning code with respect to landscaping, setbacks, parking, lot size and frontage. The subdivision would also be in compliance with Chapter 34 of the Santa Ana Municipal Code and the State Subdivision Map Act which governs the subdivision of property in Resolution No. 2007-26 Page 1 of 7 31A-12 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. 3. The project site is physically suitable for the type and density of the proposed project. The map is being filed for condominium purposes, which will allow the air space within each of the two industrial buildings to be subdivided into condominium units and sold to individual buyers. The buildings on the project site are existing and were constructed in compliance with City development standards and the standards outlined in the California Building Code at the time of construction. There is no new construction proposed as part of this project; therefore, the site is suitable for subdivision for condominium purposes as proposed by the applicant. Any future development will comply with the 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 condominium purposes will not have detrimental effects upon the general public. All improvements on the property 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 Resolution No. 2007-26 Page 2 of 7 31A-13 Fourth or Terminal Streets. 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. 2006-71 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Tentative Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated June 11, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 11th day of June, 2007 by the following vote: AYES: Commissioners: Alderete, Gartner, Leo Mill, Munoz (5) NOES ABSENT: ABSTENTIONS Commissioners: Commissioners: Commissioners: None (0) Betancourt, De La Torre (2) None (0) Christopher Leo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee O. Otto Assistant City Attorney 31A-14 Resolution No. 2007-26 Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 11, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-26 Page 4 of 7 31A-15 Tentative Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) 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 Uniform Fire Code, the Uniform Building 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 1. Comply with Development Review Committee comments outlined in the letter dated October 3, 2006 for Site Plan Review DP No. 2006-62. 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. Each condominium unit shall have their own separate electric, gas and water meters. 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 Na. 2007-26 Page 5 of 7 31A-16 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 other than the yard area shown on the tentative map. 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. Resolution No. 2007-26 Page 6 of 7 31A-17 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. I served the foregoing document described as: Resolution No. 2007-26 (Tentative Parcel Maa No. 2007-02) in this action by p acing a rue copy ereof enoTos~re in sea a enve opes a ressed as follows: Bob Kubichek, 4SA Properties 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. 1 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 Resolution No. 2007-26 Page 7 of 7 31A-18