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Resolution No. 2012-227RESOLUTION NO. 2012-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING A BUILDING CODE VARIANCE TO ON SANTA FE PARTNERS, LLC. FROM TABLE 705.8 OF THE CALIFORNIA BUILDING CODE, FOR THE PROPERTY LOCATED AT 2825-2831 SANTA FE AVENUE WHEREAS, On Santa Fe Partners, LLC. (hereinafter referred to as "On Santa Fe Partners") owns ,the properties located at 2825-2831 Santa Fe Avenue in the City of Vernon (hereinafter referred to as the "Property"); and WHEREAS, on December 6, 2010, the City Council of the Vernon enacted Ordinance No. 1176, which became effective on January 5, 2011, adopting the 2010 California Building Code with Amendments (the "Building Code"); and WHEREAS, On Santa Fe Partners has applied for a lot line adjustment to adjust the existing lot lines of four parcels and create two lots; and WHEREAS, the northerly parcel that will be created contains a l 149,145 square foot building; and WHEREAS, the new southerly lot line of the northerly lot that is being created is proposed to be placed along the south side of this structure; and WHEREAS, along this portion of the south wall is a fire access opening to permit fire fighters easy access to enter the building if a fire were to occur, however, Table 705.8 of the .California Building Code does not permit openings in a building within 3 feet of a property line; and WHEREAS, On Santa Fe Partners is requesting a Variance from Table 705.8 of the California Building Code in order to allow an. opening in a building within 3 feet of a property line; and WHEREAS, a fire access roadway easement was granted by On Santa Fe Partners to the City and has been recorded along the south side of the subject building creating a 27 foot wide strip, the effect of which is that a building cannot be constructed, vehicles cannot be parked and storage would be prohibited and this easement would be equivalent to the 3 foot building offset requirement; and WHEREAS, On Santa Fe Partners does not wish to merge the two lots at the this time so that, in the future, the parcels can be sold independently; and WHEREAS, City Staff is of the opinion that conditions can be placed on the. variance so that no additional hazards will be introduced and the buildings protections will be equivalent to those prescribed in the Building Code; and WHEREAS, the City Council has received a Staff Report dated November 7, 2012, upon which it has relied in making the foregoing recitals; and WHEREAS, the Director of Community Services & Water has recommended that the City find that the Project is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Title 14, Chapter 3, Crass 1, Section 15301; minor alterations of existing private facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. A Notice of Exemption will be prepared and filed with the County Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. 2 SECTION 2: The City Council of the City of Vernon hereby finds that the proposed project is categorically exempt pursuant to Section 15301 of the California Environmental Quality Act and directs the Interim City Clerk, or the Interim City Clerk's designee, to file a Notice of Exemption in regard to the environmental impact of said project with the County Clerk of the County of Los Angeles. SECTION 3: A variance from Table 705.8 of the 2010 California Building Code, is hereby granted to On Santa Fe Partners located at 2825-2831 Santa Fe Avenue. SECTION 4: The variance granted is subject to the following conditions: 1. A three-hour fire rated door_ assembly shall be provided and maintained at the opening in the southerly property line wall of the building located at 2825-2831 Santa Fe Avenue. The door shall be equipped with a self closer. 2. The fire access easement has been granted to the City and recorded and shall remain in effect in perpetuity unless vacated or quitclaimed by the City. -3- SECTION 5: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk of the City of Vernon shall cause this resolution and the Interim City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 2Oth day of November, 2012. f Name: William J. Davis . Title: Mayor /��nTi ATTESr. Dana I ed, Interim City Clerk _4_ STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-227, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, November 20, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this �1 day of November, 2012, at Vernon, California. Da a Reed, Interim City Clerk (SEAL) - 5 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: November 20, 2012 TO: S. Kevin Wilson, Director of Community Services & Water FROM: Deborah Juarez, Records Management Assistant RE: Resolution No. 2012-227 - A Resolution of the City Council of the City of Vernon Approving a Building Code Variance to Santa Fe Partners, LLC. from Table 705.8 of the California Building Code, for the Property Located at 2825-2831 Santa Fe Avenue Transmitted herewith is a copy of Resolution No. 2012-227 referenced above, which was approved by City Council on November.20, 2012. Please ensure that a copy of the Notice of Exemption filed with the County Cleric is sent to the City Clerk's Office for the file. Thank you. Attachment c: Sergio'Canales Resolution No. 2012-227 RECEIVED NOV 0 7 2012 RECEIVED CITY ADMINISTRATION Nov 13 2012 STAFF REPORT CITY CLERK'S OJQCVJMUNITY SERVICES & WATER DEPARTME T DATE: .November 7, 2012 TO: Honorable Mayor and. Ci✓ty� Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Building Code Variance - On Santa Fe Partners, LLC located at 2825-2831 Santa Fe Avenue Recommendation It is recommended the City Council find the Building Code Variance is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Title 14, Chapter 3, Class 1, Section 15301. 1t is further recommended the City Council adopt a resolution approving a building code variance from Table 705.8 "Maximum Area of Exterior Wall Opening Based on Fire Separation and Degree of Opening Protection" of the California Building Code" subject to certain conditions, to On Santa Fe Partners, LLC for the property located at 2825-2831 Santa Fe Avenue. Background On Santa Fe Partners, LLC ("On Santa Fe Partners") currently owns the properties at 2825- 2831 Santa Fe Avenue. It has applied for a lot line adjustment. The location of one of the proposed lot lines will create a violation of the building code, which does not allow building openings on a property line. On Santa Fe Partners his applying for this variance from Table 705.8 `.`Maximum Area of Exterior Wall Opening Based on Fire Separation and Degree of Opening Protection of the California Building Code. The proposed lot line adjustment will be to adjust the existing lot lines of four parcels and create two lots.In accordance with Section 66412 (d) of the subdivision map Act, a lot line adjustment of four or fewer existing parcels, where the land is taken from one parcel is added to an adjoining parcel, and where a greater number.of parcels is not thereby created, is specifically exempted from the Subdivision Map Act. In this case two parcels will be created. One of the parcels will be a vacant paved lot, which will be reserved for future development. The other parcel will contain a 149,145 square foot building that is in full conformity with the City's zoning requirements. However, a new lot line is proposed to be placed along the south side of this structure as part of the lot line adjustment. Along this portion of the south wall is a fire access opening to permit fire fighters easy access to enter the building if a fire were to occur. The 2010 California Fire Code -1- Section 2306.6.1 requires a 6 foot 8 inches high by 3 foot wide door to be place within each 100 lineal feet of the exterior wall served by a fire access roadway in any building containing over 12,000 square feet of high pile storage. However, Table 705.8 of the California Building Code does not permit openings in a building within 3 feet of a property line. On Santa Fe Properties is requesting a variance from this code provision. In order to provide Fire Department Access to the structure in question, a 27 foot wide fire access lane easement has been recorded. This easement will be slightly adjusted as part of the lot line adjustment, but currently adjoins and will continue to adjoin the south side of the subject structure as shown in the attached Exhibit "A" where the fire access door is located. The fire access easement permits both vehicular and pedestrian access to the fire access doorway. Section 503 of the California Fire Code requires that the fire access roadway be marked and prohibits the obstruction of the access roadway in any manner including the parking of vehicles, storage of materials or construction of any type. The purpose of limiting the amount of openings along a property line is to minimize the possibility of the spread of fire from one property to another. The Building Code only requires a fire separation of 3 feet. The fire access road will provide a 27 foot wide separation, far exceeding the distance required by the building code. Because the easement will restrict any future construction, storage or parking the fire access road easement is actually superior to and serves the intent of the building code requirement. Therefore, the approval of the variance would not lessen the performance, safety or protection of life health standards contained in the Building Code. It is anticipated that no additional hazards will be introduced if the variance is granted. The Fire Marshal has reviewed this proposal and is in agreement with my recommendation. CEOA Analysis This variance has been determined to be categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Title 14, Chapter 3, Class 1, Section 15301; minor alterations of existing private facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Conclusion It is recommended that the building code variance from Table 705.8 "Maximum Area of Exterior Wall Opening Based on Fire Separation and Degree of Opening Protection" of the California Building Code" be granted subject to the following conditions: I_ A three-hour fire rated door assembly shall be provided and maintained at the opening in the southerly property line wall of the building located at 2825-2831 Santa Fe Avenue. The door shall be equipped with a self closer. 2. The fire access easement has been granted to the City and recorded and shall remain in effect in perpetuity unless vacated or quitclaimed by the City. -2- , I0- NEW SITE PLAN sia,431k h; J�j 5 SANTA FE AVENUE SIMONGLOVER INC. ....... ...... FE-AmE.F.- BE SU611-ding 0l,1 SN' iM FF F'wr::D E.kc; Ll_t.• OF VP �UseAcc h RPP City of Vernon, Department of Community Services & Water s�y�" �wo�b 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Building Code Variance A Site Address or Addresses that the variance is being souLyht for: _ 2825-2831 S. Santa Fe Avenue, Vernon CA g005 Applicant Information• Name of Business Representing Owner: SlmonGlover Inc. Applicant Name: On Santa Fe Partners LLC Relation to Applicant: ❑Owner []Lessee MArchitect/Engineer []Attorney ❑Realtor ❑Representative ❑ Other Address:- 3777 Long Beach Blvd., #26o, Long Beach, CA 90807 Phone: (562) 279-0050 Email: --Msimon@Simonglover.com Specific section(s) of the building code for which this variance is being requested (attach additional sheets if necessary): Applicant requests a variance from the requirements described or referenced on the attached excerpt of the California Building Codes with respect to the man door depicted on the attached site plan. Reason why the variance should be approved including how the intent of the code will be met (attach additional sheets if necessary): See attached reason for variance page Property Owner Information• Property Owner Name: On Santa Fe Partners, LLC - Mailing address: 515 S. Figueroa. St., Suite 1600, Los Angeles, CA 90071 Phone: (213) 362-9300 Email: mmsiamPl icisrealestate com Print Name.I Title: HO 42 "!iC ��) Date: Signature (signature must be Arrrrzzed): (see attached notarized signature page) Print Name: Title: Date: Signature (signature must be notarized): NOTE: If property is owned by a corporation or partnership, see attached signature requirements sheet to determine who must sign this document. Reason why variance should be approved including how the intent of the code will be met The buildings located at 2825-2831 S. Santa Fe Avenue are on the land described as "Existing Parcel 1" of the attached Existing Legal Description and will be referred to as the "Building Lot". To the south of the Building Lot, is a vacant lot which is on the land described as "Existing Parcel 2" and "Existing Parcel 4 on the attached Existing Legal Description and will be referred to as the "Vacant Lot". Owner is separately seeking a lot line adjustment so that the Vacant Lot is attached to the lot to the west, not the Building Lot to the north. The lot to the west of the Vacant Lot is "Existing Parcel 3" on the attached Existing Legal Description. The man door at issue is on the southerly property line of the Building Lot and is depicted on the attached site plan. A 27 foot wide fire access lane easement restricts any future construction on the land outside the man door at issue. The fire lane easement is depicted in the attached documents. Because there will not be any obstruction outside the man door, the intent and purpose of the California Building Code is satisfied and approval of the variance would not lessen the health, accessibility, life and fire safety, or structural requirements. APPLICANT: On Santa Fe Partners, LLC, a California limited liability company Silwan Investment Company, GP a California general partnership Its Manaleer By: Name: M.M Title: Manz General Partner STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } go I ^— On S- f em.19 ► -�'Y, before me, J. % dY� /1��-}�c Puk It c a Notary Public in and for said County and State, personally appeared tit . rt�(. i eL r/V1 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/&ke executed the same in his/41er authorized capacity(@&), and that by his/l4ar signature on the instrument the person(e), and/or the entity upon behalf of which the person(-r,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature J. TY711 Vo Commission z Notary Publi Los Angeles County My Comm. Ex fires Oct 2, 2014 FIRE AND SMOKE. PROTECTION FEATURES TABLE.705.0 MAXIMUM AREA OF EXTERIOR WALL OPENINGS BASED ON FIRE SEPARATION DISTANCE AND DEGREE OF OPENING PROTECTION FIRE SEPARATION DISTANCE (feet) I)EGREE OF OPENING PROTECTION ALLOWABLE AREA° Unprotected, Nonsprinklered (UP, NS) r- Not Permitted 0 to less than 311• c Unprotected, Sprinklered (UP, S)' Not Permitted Protected (P) Not Permitted 3 to less than 511-1 Unprotected, Nonsprinklered (UP, NS) Unprotected, Sprinklered (UP, S)i Protected (P) Not Permitted 15% 15111b Unprotected, Nonsprutklered (UP, NS) 10%h 5 to less than 101• t Unprotected, Sprinklered (UP, S)' 25% _ Protected (P) _.._._..._.— 25% Unprotected, Nonsprinklered (UP, NS) ___ ......... ....____.._ _.. iS%h Unprotected; Sprinklered (UP; S)' i 45% 10 to less than 15e• r• b Protected (P) 45% Unprotected, Nonsprinklered (UP, NS) 25% Unprotected, Sprinklered (UP, S)' 75% w 1.5 to less than 20r• 8 Protected (P) 75% Unprotected, Nonsprinklered (UP, NS) I 45% Unprotected, Sprinklered (UP, S)i No Limit 20 to less than 251s Protected (P) a� No Limit Unprotected, Nonsprinklered (UP, NS) 70% Unprotected, Sprinklered (UP, S)' No Limit 25 to less than 30rt Protected (P) No Limit Unprotected, Nonsprinklered (UP, NS) No Limit Unprotected, Sprinklered (UP, S)' Not Required 30 or greater Protected (P) Not Required l For SI: I foot.= 304.8 trim. UP, NS = Unprotected openings in buildingsnotequipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1. UP, S = Unprotected openings in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1. P = Openings protected with an opening protective assembly in accordance with Section 705.8.2. a'. Values, indicated are the percentage of the area of the exterior wall, per story. b• For the requirements for fire walls of buildings with differing heights, see Section 706.6.1. C. For openings in a fire wall for buildings on the saute tot, see Section 706.8. d. The maximum percentage of unprotected and protected openings shall be 25 percent for Group R-3 occupancies. e• Unprotected openings shall not be permitted for openings with a fire separation distance of less than 15 feet for Group H-2 and H-3 occupancies. f. The area of unprotected and protected openings shall riot be limited for Group R-3 occupancies, with afire separation distance of 5 feet or greater. g. The area of openings in an open parking structure with a fite separation distance of 10 feet or greater shall riot be limited. h. Includes buildings accessory to Group R-3. i. Not applicable to Group H-1, H-2 and If-3 occupancies. 2010 CALIFORNIA BUILDING CODE 175 NEW SITE PLAN * Qk SIMONGLOVER INC. 4 OF VER.�. o~ �•L < R� Slip 6 COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark Whitworth, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: November 7.2012 SUBJECT: Building Code Variance for On Santa Fe Partners, LLC., located at 2825-2831 Santa Fe Avenue On Santa Fe Partners, LLC., has requested a building code variance from the 2010 California Building Code'(CBC), Table 705.8, which states that "Maximum Area of Exterior Wall Opening Based on Fire Separation and Degree of Opening Protection" for the property located at 2825-2831 Santa Fe Avenue in the City of Vernon. It is recommended that a building code variance from Table 705.8 of the California Building Code be granted with the following conditions: 1. A three-hour fire rated door assembly shall be provided and maintained at opening in the southerly property line wall of the building located at 2825-2831 Santa Fe Avenue. The door shall be equipped with a self closer. 2. The fire access easement shall only be terminated upon the demolition of the building located_ at 2825-2831 Santa Fe Avenue. Attached herewith for your consideration is the staff report and building code variance application. The Fire Marshal has reviewed this proposal and is in agreement with my recommendation. If the variance is granted no additional hazards will be introduced. It is recommended that this item be placed on the November 20, 2012 City Council agenda. SKW/sc Attachments Juarez, Debbie From: Canales, Sergio Sent: Wednesday, March 20, 2013 7:57 AM To: Juarez, Debbie Subject: RE: Resolution No. 2012-227 Notice of Exemption filed with the County Clerk Good Morning Debbie, We don't file a NOE for building code variances, because it does not require a public hearing Sergio From: Juarez, Debbie Sent: Tuesday, March 19, 2013 5:56 PM To: Canales, Sergio Subject: Resolution No. 2012-227 Notice of Exemption filed with the County Clerk Hi Serg. When you get a chance, please send me a copy of the stamped, filed copy of the above -referenced item for On Santa Fe Partners. Thank you. (Deborah yuarez Q?,ecords 911auagementAssi3Oant City of'Vernon - City C(erk;s Office 4305 Santa TeAvenne Vernon, CA. 90058 (323)583-8811