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HomeMy WebLinkAbout32C - PARCEL MAP - 1540 E WARNERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 4, 2015 TITLE: TENTATIVE PARCEL MAP NO. 2015-01 AND SPECIAL USE PERMIT NO. 2015-01 TO SUBDIVIDE AN EXISTING COMMERCIAL COMPLEX INTO EIGHT AIR -RIGHT CONDOMINIUM UNITS AT 1540 EAST WARNER AVENUE - PETER CHENG, APPLICANT ZM7;��i9Zos� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended Cl 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. 2015 -01 (County Map No. 2014 -179) as conditioned and Special Use Permit No. 2015 -01 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on July 13, 2015 by a vote of 7:0, the Planning Commission adopted a resolution approving Tentative Parcel Map No. 2015 -01 (County Map No. 2014 -179) as conditioned and Special Use Permit No. 2015 -01 as conditioned to subdivide four existing buildings Into eight air -right condominium units located at 1540 East Warner Avenue located in the Specific Development No. 8 Brookhollow Office Park (SD8) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Peter Chang, representing MCA Brookhollow, LLC, is requesting approval of a special use permit and a tentative parcel map to subdivide four commercial buildings into eight air -right condominium units in order to sell the units to individual buyers. The project site is located within the Brookhollow Office Park, which consists of 24 parcels and eight common area lots on 34.7 acres. The subdivision has been reviewed and has been found to be in conformance with the City's subdivision regulations (SAMC Chapter 34) as well as the California Subdivision Map Act. The approval of the special use permit and tentative parcel map will allow individual ownership and Increase capital investment in the City. The site will be maintained by both the Brookhollow master association, a sub - assoclation created for the proposed project and the Covenants, Conditions and Restrictions (CC &R's). Full sized site plans are available for public viewing In the Clerk of the Council Office. 32C -1 Tentative Parcel Map No. 2015 -01 Special Use Permit No. 2015 -01 August 4, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There Is no fiscal impact associated with this action. ?He ssan Hag I, Al Executive DI actor Planning & Building Agency AN:rb en \wp5l\pI&=ammtTPM13 -01 SUP i 5-01.1540Wem r.= Exhibit: A. Planning Commission Staff Report 32C -2 REQUEST O. PLANNING COMMISSION MEETING DATE: JULY 13, 2015 TITLE: PUBLIC HEARING — FILED BY PETER CHENG FOR TENTATIVE PARCEL MAP NO. 2015-01 AND SPECIAL USE PERMIT NO. 2015 -01 TO SUBDIVIDE AN EXISTING COMMERCIAL COMPLEX INTO EIGHT AIR -RIGHT CONDOMINIUM UNITS AT 1540 WARNER AVENUE (STRATEGIC PLAN NO. 3,2) Prepared by Ann Hsin -An Ni el Execu' Directar_�_.__. - - - -- — [, »K *1ir,1t'f 1�►j7�7TiTliE7�l PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO d Acting Plan m Manager -- _.__ Adopt a resolution approving Tentative Parcel Map No. 2015 -01 (County Map No. 2014 -179) as conditioned. 2. Adopt a resolution approving Special Use Permit No. 2015 -01 as conditioned. Request of Applicant Peter Cheng, representing MCA Brookhollow, LLC, is requesting approval of a special use permit and a tentative parcel map to subdivide four commercial buildings into eight air -right condominium units. Applications for subdivisions of air -right commercial condominiums require approval of a parcel map by the Zoning Administrator pursuant to Section 34 -126 of the Santa Ana Municipal Code (SAMC) and application for a special use permit requires approval by the Planning Commission and City Council in concurrence with the tentative map application. Project Location and Site Description The project site is located within the Brookhollow Office Park, which consists of 24 parcels and eight common area lots on 34.7 acres. There are 25 buildings within the office park encompassing approximately 407,176 square feet of floor area. The office park is governed by Covenants, Conditions and Restrictions (CC &R's) controlled by a master association. The subject properties are located at the southeast corner of Warner Avenue and Brookhollow Drive. There are four existing structures on the project site ranging from 13,000 square feet to 31,700 square feet in size. The site Is surrounded by office uses to the east, west and south, and industrial uses to the north (Exhibits 1, 2 and 3). EXHIBIT A 32C -3 Tentative Parcel Map No. 2015 -01 Special Use Permit No. 2015 -01 July 13, 2015 Page 2 Protect Description Peter Cheng is requesting approval of a special use permit and tentative parcel map for condominium purposes to subdivide four existing buildings into eight air -right condominium units in order to sell the units to individual buyers (Table 1). Areas outside the walls of these buildings will consist of common areas, landscaping, access and parking for these condominium units (Exhibits 4, 5 and 6). The project will be governed by the Brookhollow Office Park Master Association as well as a sub - association created for the proposed subdivision. UNIT AREA TABLE Building Address Unit 1 Unit 2 Total 1540 Warner 9,572 sq. ft. 8,974 sq. ft. 18,546 sq. ft. 1544 Brookhollow 6,166 sq. ft. 6,849 sq. ft. 13,015 sq. ft. 1548 Brookhollow 11,902 sq. ft. 11,999 sq. ft. 23,901 sq. ft. 1554 Brookhollow 15,851 sq. ft. 15,864 sq. ft. 31,715 sq. ft. In May, 1977, the City Council approved a rezoning of the subject property from Industrial to Specific Development No. 8 (SD -8) to allow the construction of the Brookhollow Office Park. A total of 24 buildings were constructed between 1978 and 1985. The site zoning was changed due to the mixture of uses (retail, office and warehouse) proposed for the site. Subsequently, the SD was modified in 1989, 2004 and 2006 to allow new uses within the development as well as adjusting the development standards for the office park. In 2005 and 2006, subdivision maps were approved to allow the creation of 15 separate parcels at the office park. A sign variance was approved in 2012 to allow additional identification signage and a parking minor exception was approved in 2013 to allow a 16.6 percent reduction in parking at the Brookhollow Office Park. On June 10, 2015, the zoning administrator deferred the proposed tentative parcel map to the Planning Commission to be considered together with the special use permit. General Plan and Zoning Consistency The General Plan land use designation for the site is Professional and Administrative Office (PAO), which allows for office development and ancillary commercial uses found within the Brookhollow Office Park. Professional and Administrative Office areas are designed to serve as anchors for the City's professional /office corridors. The project site is consistent with the PAO General Plan Designation. 32C -4 Tentative Parcel Map No. 2015 -01 Special Use Permit No. 2015 -01 July 13, 2015 Page 3 The zoning for the site is Specific Development District No. 8 (Brookhollow Office Park). The SD -8 designation is a mixed -use zone that allows office, restaurant, retail, hotel and industrial uses. Therefore, the proposed use is consistent with the zoning designation. Project Analvsis Special Use Permit In August 2007, Ordinance No. NS -2755 was adopted that created regulations (Section 41 -1800 through 1809 of the Santa Ana Municipal Code) for the conversion of commercial and industrial buildings into air -space condominiums. These standards were created to ensure that commercial and industrial condominiums would remain economically viable and would not negatively affect the surrounding properties. The ordinance also created a new method of approving commercial and industrial condominium conversions by a special use permit, which requires approval by the Planning Commission concurrent with the tentative map application. An improvement plan per Section 41- 1804(a) of the Santa Ana Municipal Code is required as part of the special use permit approval. The purpose of this plan is to identify potential upgrades to the building to bring the structure into current 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 (Exhibit 7). Below is an analysis of the project's compliance with the special use permit standards. Off - street Parking - A total of 1,383 parking spaces are required for the various retail, office, medical and assembly uses currently found at the center, while 1,412 spaces are provided. A minor exception was approved (ME No. 2013 -01) in September 2013 to allow a 235 spaces (16.6 percent) reduction in parking in order to allow additional religious institutions, retail and medical offices at this location. Sound Transmission — The existing exterior walls of the four buildings are six -inch concrete tilt -up walls which is an excellent barrier for low- frequency sound waves. The concrete tilt -up walls with minimum window openings provides sufficient sound proofing and noise reduction. Energy Efficiency - The existing building is in compliance with the Title 24 energy conservation requirement with six -inch concrete tilt -up walls and R30 insulation. Compliance with current energy efficiency standards for all exterior windows /glazing would be infeasible for this project due to the significant changes in Building codes and the cost of construction. The applicant will comply with the current Building Code when any future exterior improvements are proposed. Open Space - The provision of public and /or private open space is not a requirement of the SD -8 zoning district and is not required for the project. 32C -5 Tentative Parcel Map No. 2015 -01 Special Use Permit No. 2015 -01 July 13, 2015 Page 4 Setbacks — SD -8 zoning requires a 20 -foot front setback along private streets and a 10 -foot side yard and 10 -foot rear yard setbacks. The Brookhollow Showroom Center was constructed in 1978 in compliance with these setback requirements identified in the SD -8 zoning district. Design Guidelines — The Brookhollow Showroom Center complies with the city's design guidelines. A comprehensive building fagade improvement was completed in August 2014. The parking area was repaved and restriped in April 2015. Landscape — SD -8 zoning requires minimum landscape coverage of 15 percent. The Brookhollow Showroom Center was constructed in 1978 in compliance with the landscape requirements identified in the SD -8 zoning district. Maintenance of the landscaped areas is the responsibility of the master association and the Covenants, Conditions and Restrictions (CC &R's). Additionally, Section 41 -1805 of the SAMC requires separate meters for the units. The metering includes electric, gas and water service for each unit and the common area. The project site currently has separate meters for electric and gas for each unit. There is a hardship found to separate the water service for each unit. As a result, the Public Works Agency agreed to waive the requirement to have separate water meter for each unit. Special use permit requests are governed by Section 41 -1807 of the SAMC. Special use permit requests may be granted when it can be shown that the following can be established: m 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 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 proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interest therein. • The proposed common interest development complies with the goals, policies and objectives of the city's general plan. If these findings can be made, then it is appropriate to grant the special use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the special use permit request, staff believes that the following findings of fact warrant approval of the special use permit. 32C -6 Tentative Parcel Map No. 2015 -01 Special Use Permit No, 2015 -01 July 13, 2015 Page 5 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 site is located at the southeast corner of Warner Avenue and Brookhollow Drive and within an established office park with a mixture of office, industrial and retail uses. There is no physical change proposed with this project. The condominium ownership will allow a new tenant to reoccupy a vacant commercial building, thereby reducing the vacancy rate of the area and identifying the area as a stable and viable location for economic investment. 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 condominium will not negatively affect the property maintenance of the site. The site is currently being maintained under the Brookhollow master association and the Covenants, Conditions and Restrictions (CC &R's). Additionally, the creation of a sub- association for the proposed project will facilitate future maintenance between the different property owners. The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interest therein. The proposed commercial condominium project will maintain the existing parking and common areas open to all condominium owners. Additionally, the Covenants, Conditions and Restrictions (CC &R's) will ensure that all parties are granted proper access and parking on- site. • The proposed common interest development complies with the goals, policies and objectives of the city's general plan. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties and encourages increased level of capital investment. The commercial condominium will allow individual ownership and increase capital investment in the City. Policy 2.9 of the Land Use Element supports development that creates a business environment that is safe and attractive. A condition of approval will require the removal of any graffiti that may occur on the site. Policy 5.5 encourages development that is compatible and supportive of surrounding land uses. The Brookhollow Showroom Center is located in a corridor with a mixture of professional and industrial uses and the proposed project will help to maintain compatibility with the surrounding professional and industrial uses. Tentative Parcel Map Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative parcel maps are approved when it can be shown that the following can be established: 32C -7 Tentative Parcel Map No. 2015 -01 Special Use Permit No. 2015 -01 July 13, 2015 Page 6 • That the proposed project, as conditioned, and its design and improvements are consistent with the land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plan. • That the proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. • That the project site is physically suitable for the type and density of the proposed project. • That 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. • That design or improvements of the proposed project will not cause serious public health problems. • That 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. If these findings can be made, then it is appropriate to approve the tentative parcel map. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the applicant's request, staff believes that the following findings of fact warrant approval of the tentative parcel map. The proposed project, as conditioned, and its design and improvements will be consistent with the Professional and Administrative Office (PAO) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plans. The proposed subdivision promotes Land Use Element Policy 5.4, which supports land uses that are consistent with the General Plan. The project is located within the Specific Development No. 8 (SD -8) zoning district and is consistent with the Professional and Administrative Office (PAO) land use designation and all other elements of the General Plan. The proposed project, as conditioned, will conform to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances, The proposed project, as conditioned, conforms to the provisions of Chapter 34 and 41 of the Santa Ana Municipal Code including parking, setbacks and height. In addition, Covenants, Conditions and Restrictions (CC &R's) will address issues such as drainage, reciprocal access, landscaping and maintenance that will be recorded prior to approval of the final map. 32C -8 Tentative Parcel Map No. 2015 -01 Special Use Permit No. 2015 -01 July 13, 2015 Page 7 • The project site is physically suitable for the type and density of the proposed project. The existing buildings on the project site were constructed in compliance with applicable city standards at the time of construction. There is no new construction proposed as part of this project. Any future development will comply with the provisions of the Santa Ana Municipal Code. + 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. Since the project site is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. • Design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. All necessary utilities and infrastructure improvements currently exist and comply with City standards. Therefore, approval of this subdivision will not cause any serious public health problems. • 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 project shares common driveway access within Brookhollow Office Park, which is outlined in the Covenants, Conditions and Restrictions (CC &R's). CC &R's will ensure all ingress and egress easement and access will be maintained for the project site. The tentative parcel map is proposed to allow the air -right subdivision of four existing commercial buildings to create eight air -right condominium units. The subdivision has been reviewed and has been found to be in conformance with the City's subdivision regulations (SAMC Chapter 34) as well as the California Subdivision Map Act. The existing buildings on the project site were constructed in compliance with applicable city standards at the time of construction with no new construction proposed as part of this project. The proposed project meets all provisions of the zoning code (SAMC Chapter 41), including lot size, lot frontage, landscaping, setbacks, lot coverage, and parking. Further, the proposed subdivision is consistent with the Professional and Administrative Office (PAO) General Plan land use designation and all other elements of the General Plan. As a result, staff recommends approval of Special Use Permit No. 2015 -01 and Tentative Parcel Map No. 2015 -01 (County Map No. 2014 -170) as conditioned. 32C -9 Tentative Parcel Map No. 2015 -01 Special Use Permit No. 2015 -01 July 13, 2015 Page 8 Public Notification The project site is not located within any boundaries of a Neighborhood Association. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, no correspondence, by phone, written or electronic has been received from any members of the public 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 commercial or industrial buildings where no physical changes occur. Categorical Exemption Environmental Review No. 2015 -04 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Tentative Parcel Map No. 2015 -01 and Special Use Permit No. 2015 -01 as conditioned. Ann Ni Associate Planner AN:jm anlwp5Ikplancomm\TPM201601 8 UP2015- 01.1540Wamar.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Tentative Parcel Map & Site Plan Exhibit 5 — Floor Plans Exhibit 6 — Elevations Exhibit 7 — Improvement Plan 32C -10 M7 $D69 M1 R1 y R1 ! R1 _ Mt Mi u a M1 7� t R1 ;;� R1 q Rl Ri SDG9tr tt Ml ry w u' Rt M1 M1 Mt M1 R1 R'I M1 M1 a P. z PROJECT M, rowReeR+AM .. 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IND 1 N D U S i R I A L iNDU SSTRI- AAL�u�,_,J/ WAFNER AVENUE O F F I C E 1 — _ —_ /r)lr urrorimn Q PROJECT SITE )I \1✓ 1 OFFICE � r1 O Ff- -ICE _ _ ) S /I Z VACANT PM 2015 -1 & SUP 2015 -1 Ap, BROOKHOLLOW FREEWAY SHOWROOM 4`1 CONDO SUBDIVISION 1540 EAST WARNER AVENUE 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 32C -12 4A �j /+ OV, roll n % HAN IM si 3 I MIA e vsil r _ Pp ;9R ;" yR'9k yX @56 32 qm9 #`4a @ gS15 °a�a asit r0ng II�� aiae� ^apa Hpl�r �Ap "Aar'A YAaga5tl�y9 A �it }}AaaS P�d tl �yY� S,Sg'�§ggk � agsnpSSSS''" a� @r 9' 9�A�Rr aC GS as =343 Qr Tv- 1 a� r i 1 z x k r MYS > a `4x r x $q ar €E ag� 8r_9��r A y @ t t i i4 117 r (1 n S6° Spg� 3R3 ©ea, gg 3r17`7° e u aSa �i ���a�31 r4 a% aeo gg1.Y pp�n 3r@ A� 1. ��. $� Y rxY ��� i I% 4 x o yy 8 e p "'a @ �} gA 33 Z 233 LLI cc Imod 4 W g Q Pp ;9R ;" yR'9k yX @56 32 qm9 #`4a @ gS15 °a�a asit r0ng II�� aiae� ^apa Hpl�r �Ap "Aar'A YAaga5tl�y9 A �it }}AaaS P�d tl �yY� S,Sg'�§ggk � agsnpSSSS''" a� @r 9' 9�A�Rr aC GS as =343 Qr Tv- 1 a� r i 1 z x k r MYS > a `4x r x $q ar €E ag� 8r_9��r A y @ t t i i4 117 r (1 n S6° Spg� 3R3 ©ea, gg 3r17`7° e u aSa �i ���a�31 r4 a% aeo gg1.Y pp�n 3r@ A� 1. ��. $� Y rxY ��� i I% 4 x o yy 8 e p "'a @ 33 233 s 4 Yh Lk 0 N 00 Z Cy COL. 0. j :9 6H I LOL, J > CL lu II Is c "J k B4 gas k B4 igrtyd� ,P 4 0 ap U. yY3�$vE rl ig �y! 0 _ zr- cq� N __ { Ig ii 8 Z Z t _ it .i gh 0: WAV IL gR pp FZ shl 0 El a i£ EXHIBIT 6 32C -16 July 2, 2015 WESTERN STATES Engineering, Inc. City of Santa Ana Planning & Building Agency 20 Civic Center Plaza (M -20) P.O. BOX 1988 Santa Ana, CA 92702 ATTENTION Vince Fregoso, AICP Acting Planning Manager SUBJECT Observation Report REFERENCE : 1540, 1544, 1548, 1554 Brookhollow Drive, Santa Ana, CA Dear Mr. Fregoso, On July 2nd, 2015, Western States Engineering, Inc. conducted a visual inspection for the properties located at 1540, 1544, 1548, 1554 Brookhollow Drive in the City of Santa Ana in order to verify compliance with the requirements for on Site parking, noise transmission, Title 24 energy conservation, open space, setbacks, design guidelines, and landscaping. The inspection revealed the following: 1.0 Off Street Parking: This proposed subdivision is governed by Covenants, Conditions and Restrictions (CC &R's) controlled by the master association. The master CC &R's provides that each Parcel within Brookhollow Office Park (Project) is burdened with and benefited by a reciprocal parking easement which permits the Owners and Permittees of any Parcel within the Project to use, on a non - exclusive basis, any parking spaces located within the Project. Additionally, a parking minor exception was approved in 2013 to allow a 16.6 percent reduction in parking at the Project. As there will be no change in permitted uses, nor new construction proposed as part of this subdivision, parking will not be affected. Any future development will comply with the provisions of the Santa Ana Municipal Code, 4887 E. La Palma Ave. Suits 707, Anahelm, CA 92807 — Phone (714)695 -0300 -- Fax (714)693 -1002 EXHIBIT 7 32C -17 2.0 Sound Transmission: The existing exterior wails, of the four buildings, are of 6" concrete tilt up walls (excellent barrier for low frequency sound waves). It is our opinion that in a 6" concrete tilt up building with a minimum windows opening provides sufficient soundproofing and noise reduction. 3.0 Title 24 Requirements: Based on our visual observation, and based on the type of construction, (6" concrete tilt up walls), the walls for the 4 buildings, provide an excellent R value to meet the current Title 24 energy conservation requirements. Also, we had observed that R 30 insulation was installed in the ceiling, which also meet the current Title 24 energy conservation requirements. The only area in question will be the existing windows that might not meet Title 24 requirements. For the replacement of 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 $139,000. 4.0 Ogren Space: The Zoning for this site is Specific Development District No. 8 (Brookhollow Office Park), The SD -8 requires that structures shall not cover more than 55 percent of the total net site area. In this case, the total net site area is approximately 254,609 square feet (5.845 Acres) and the combined building area across the eight air -right condominium units is 87,177 square feet (0.499 Acres) or approximately 34 percent of the net site area. As there is no new construction proposed as part of this subdivision, the amount of open space will not be affected and will not exceed the coverage permitted. Any future development will comply with the provisions of the Santa Ana Municipal Code. 5.0 Setbacks: SD -8 zoning requires front setbacks along private streets of 20 feet, side yard setbacks of 10 feet and rear yard setbacks of 10 feet. All setbacks within the proposed project conform to these requirements. As there is no new construction proposed as part of this subdivision, conformity will not be affected. Any future development will comply with the provisions of the Santa Ana Municipal Code. 6.0 Design Guidelines: The proposes subdivision, as conditioned, and its design and improvements will be consistent with the Professional and Administrative Office (PAO) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plans. The proposed subdivision located within the SD -8 zoning district which is consistent with the PAO land use designation and all other elements of the General Plan as well as provisions outlined in Chapter 34 of the Santa Ana Municipal Code for the 4887 E. La Palma Ave. Suite 707, Anaheim, CA 92807 — Phone (714)695 -9300 — Fax (714)693 -1002 32C -18 subdivision of the this property. All unnecessary exterior appurtenances such as ladders, down spouts, conduits and piping will be removed. 7.0 Landscaping: SD -8 zoning requires minimum landscape coverage of 15 %, (21 % provided). Landscaped areas for the proposed subdivision are in compliance to coverage, setbacks and placements. Maintenance of the landscaped areas are the responsibility of the master association. Sincerely, Jp. President For Western States Engineering, Inc. 4887 E. La Palma Ave. Suite 707, Anaheim, CA 92807 — Phone (714)695 -9300 — Fax (714)693 -1002 32C -19 LS 7.7.15 RESOLUTION NO. 2015 -24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2015 -01 AND SPECIAL USE PERMIT NO. 2015 -01, AS CONDITIONED, TO SUBDIVIDE AN EXISTING COMMERCIAL COMPLEX INTO EIGHT AIR -RIGHT UNIT CONDOMINIUM UNITS AT 1540 EAST WARNER AVENUE 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. The Applicant is requesting approval of a tentative parcel map to subdivide four commercial buildings into eight (8) air -right condominium units at 1540 East Warner Avenue. B. Applications for subdivisions of air -right commercial condominiums require approval of a parcel map by the Zoning Administrator pursuant to Section 34 -126 of the Santa Ana Municipal Code (SAMC) and application for a special use permit requires approval by the Planning Commission and City Council in concurrence with the tentative map application. C. On June 10, 2015, the Zoning Administrator deferred the proposed tentative parcel map to the Planning Commission to be considered together with the special use permit. D. Tentative Parcel Map No. 2015 -01 (County Map No. 2014 -179) and Special Use Permit No. 2015 -01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 13, 2015. E. Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Sections 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative parcel maps are approved when certain findings can be established. F. For Tentative Parcel Map No. 2015 -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 Professional and Administrative Office (PAO) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plans. Resolution No. 2015 -24 Page 1 of 7 32C -20 Tentative Parcel Map No. 2015 -01, as conditioned, and its design and improvements will be consistent with the Professional and Administrative Office (PAO) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plans. The proposed subdivision promotes Land Use Element Policy 5.4, which supports land uses that are consistent with the Land Use Element. The project is located within the Specific Development No. 8 (SD -8) zoning district and is consistent with the Professional and Administrative Office (PAO) land use designation and all other elements of the General Plan. 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 Parcel Map No. 2015 -01, as conditioned, will conform to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the provisions of Chapter 34 and 41 of the Santa Ana Municipal Code including parking, setbacks and height. In addition, Covenants, Conditions and Restrictions (CC &R's) will address issues such as drainage, reciprocal access, landscaping and maintenance that 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 project site is physically suitable for the type and density of the proposed project. The existing buildings on the project site were constructed in compliance with applicable city standards at the time of construction. There is no new construction proposed as part of this project. Any future development will comply with the provisions of the Santa Ana Municipal Code. 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. 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. Since the project site is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Resolution No. 2015 -24 Page 2 of 7 32C -21 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. All necessary utilities and infrastructure improvements currently exist and comply with City standards. Therefore, approval of this subdivision will not cause any serious public health problems. 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. The designs or improvements associated with approval of the tentative parcel map will not conflict with easements necessary for public access through or use of the property within the proposed project. The project shares common driveway access within Brookhollow Office Park, which is outlined in the CC &R's. The CC &R's will ensure all ingress and egress easement and access will be maintained for the project site. G. Special use permit requests are governed by SAMC Section 41 -1807. For Special Use Permit No. 2015 -01, the Planning Commission of the City of Santa Ana determines that the following findings have been established: 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 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 site is located at the southeast corner of Warner Avenue and Brookhollow Drive and within an established office park with a mixture of office, industrial and retail uses. There is no physical change proposed with this project. The condominium ownership will allow a new tenant to reoccupy a vacant commercial building, thereby reducing the vacancy rate of the area and identifying the area as a stable and viable location for economic investment. 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. Resolution No. 2015 -24 Page 3 of 7 32C -22 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 condominium will not negatively affect the property maintenance of the site. The site is currently being maintained under the Brookhollow master association and the CC &R's. Additionally, the creation of a sub - association for the proposed project will facilitate future maintenance between the different property owners. 3. The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interest therein. The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interest therein. The proposed commercial condominium project will maintain the existing parking and common areas open to all condominium owners. Additionally the CC &R's will ensure that all parties are granted proper access and parking on -site. 4. The proposed common interest development complies with the goals, policies and objectives of the city's general plan. The proposed common interest development complies with the goals, policies, and objectives of the city's general plan. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties and encourages increased level of capital investment. The commercial condominium will allow individual ownership and increase capital investment in the City. Policy 2.9 of the Land Use Element supports development that creates a business environment that is safe and attractive. A condition of approval will require the removal of any graffiti that may occur on the site. Policy 5.5 encourages development that is compatible and supportive of surrounding land uses. The Brookhollow Showroom Center is located in a corridor with a mixture of professional and industrial uses and the proposed project will help to maintain compatibility with the surrounding professional and industrial uses. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the subdivision of existing commercial or industrial buildings where no physical changes occur. Categorical Exemption Environmental Review No. 2015 -04 will be filed for this project. Resolution No. 2015 -24 Page 4 of 7 32C -23 Section 3. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map No. 2015 -01 (County Map No. 2014 -179) and Special Use Permit No. 2015 -01, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1540 East Warner Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 13, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 13th day of July, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 13, 2015. Date: Planning Commission Secretary City of Santa Ana 32C -24 Resolution No, 2015 -24 Page 5 of 7 *14 .0 190 Conditions of Approval for Tentative Parcel Map No. 2015 -01 Tentative Parcel Map No. 2015 -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 rip or to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative parcel map. Failure to comply with each and every condition may result in the revocation of the tentative parcel map. A. Planning Division Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 2. The tentative parcel map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 3. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. 4. The property owner shall be responsible for maintaining the lots free from debris, overgrown vegetation, and graffiti. Graffiti must be removed within 24 hours. 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. The final map must be approved and recorded prior to issuance of building permits Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. The project must be in compliance with the provisions of Site Plan Review (DP No. 2015 -1). 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. Resolution No. 2015 -24 Page 6 of 7 32C -25 Conditions of Approval for Special Use Permit No. 2015 -01 Special Use Permit No. 2015 -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 rip or 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 conditional use permit. A. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015 -01 and the staff report exhibits. 2. Prior to submittal of the final map, submit a management plan per Section 34- 184 of the Santa Ana 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 approval of Certificate of Occupancy, all on -site improvements shall be made in accordance with the submitted plans. 5. Developer shall provide as part of the Covenants, Conditions and Restrictions (CC &Rs) that the owner of each condominium shall immediately remove any graffiti placed thereon. Any graffiti must be removed within 24 hours. 6. Landscaping shall be maintained in compliance with the submitted plan. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. Resolution No. 2015 -24 Page 7 of 7 32C -26