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HomeMy WebLinkAboutXC2023-0061 - Accessibility Hardship RequestX` Z�2 OCFLFi�O F� pMN y 14 D F Ol o�"_WiP,A- @ CITY OF NEWPORT BEACH NFw�'yoF /T N COMMUNITY DEVELOPMENT DEPARTMENT BFgc k+ BUILDING DIVISION C,9C�OR��P 100 Civic Center Drive I P.O. Box 1768 1 Newport Beach, CA 92658 www.newportbeachca.gov 1 (949) 644-3200 DOCUMENTATION OF UNREASONABLE HARDSHIP — MfrTO ❑ FINDING OF UNREASONABLE HARDSHIP FOR PROJECTS UNDER CASE NO.: $186,172" CBC 11B-202.4 — EXCEPTION: 8 (FILL OUT PAGES 1 & 2) H 20 ❑ FINDING OF UNREASONABLE HARDSHIP FOR PROJECTS OVER $186,172` CBC 11B-202.4 —EXCEPTION: 8 (FILL OUT PAGES 1 & 2) PROJECT INFORMATION: MUST BE ACCOMPANIED WITH RATIFICATION APPLICATION" ® FINDING OF TECHNICAL INFEASIBILITY FOR PROJECTS PER CBC 11 B-202.3 -EXCEPTION: 2 (FILL OUT PAGES1, 2 & 3) A. JOB ADDRESS: 1111 Bayside Drive, Corona Del Mar, CA 92625 SUITE No. N/A B. PROPERTyOWNER: Butterfly Equities, LLC Address: 220 Newport Center Dr., #11-557 City Newport Beach State: CA Zip: 92660 Phone No. 714.818.8034 C. APPLICANT: John Pomer Position/Relationship: Manager Address: 2250 Newport Blvd, Ste. 101 City Newport Beach State: CA Zip 92663 Phone No.: 714.818.8034 Email: chandler@redwoodwest.com PIC. #: 3030-2021 Permit#: XC `1&23 _ `©(� Use: 60.1,0t V6 Stories: 2 w�ri a'vA� Vr PA-17 Verified by: 6�5 Receipt #: Ot)8rbs0' DISTRIBUTION: Owner Petitioner ® P/C Eng ❑ Inspector ❑ Other An unreasonable hardship exists where the cost of providing an accessible entrance, path of travel, sanitary facilities, public phones, drinking fountains, etc. exceeds 20% of the cost of project without these features. The actual work of the project must comply with current code and an additional amount equal to at least 20% of the cost of the project must be spent to improve required accessibility features that are not in compliance with current code. In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order: 1) An accessible primary entrance; 2) An accessible route to the altered area; 3) At least one accessible restroom for each sex; 4) Accessible public telephones (when provided), 5) Accessible drinking fountains (when provided); 6) When possible, additional accessible elements such as additional parking, storage and alarms. To request an unreasonable hardship, complete the attached worksheet, and prepare a site and floor plan of the existing and proposed accessibility improvements. This information must be submitted to the Building Division in duplicate, prior to processing a permit application. One copy of the approval or denial will be returned to the applicant. For projects exceeding the valuation threshold of $186,172, a hardship approval can only be obtained through a ratification application and hardship application. The $186,172 is based on $50,000 in 1981 dollars as of January 1, 2022. "Ratification form can be obtained at. https://www.newportbeachca.,qovlratificationform Forms\Hardship 06/08/2022 1 Address: 1111 Bayside Dr., Corona Del Mar, CA 92625 p/C #: 3030-2021 TECHNICALLY INFEASIBLE. An alteration of a building or a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load -bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility. Describe why the nature of accessibility is technically infeasible: The existing walkway has been an existing condition at the project since its inception and installation by prii Ownership prior to 1974. This walkway substantially conforms to the current code and is one of two accessible entryways in the 1111 Bayside drive. This walkway is 36' long with handrails and an average_slope of 5.3°/a anc has a 5' landing at the base which is a zero slope and meets the city side walk. This entry to the ramp, as well t 25' of the ramp itself is located directly on the neighboring property at 1137 Bayside Drive (Parcel#050-391-11) As mentioned above, the majority of this ramp, including the entrance to the ramp form the city sidewalk, is not located on our property so we are requesting a Finding of a Technical Infeasibility on this project because we are not legally permitted to make improvements on property not owned by us. We have reached out to the Irvine Company to inquire if they would allow us to preform this city requested work and they formally declined our request, making this job impossible to start or complete, if the ramp needs to be improved. EtS.'rt;nJ (Za�� t3ots nrit (.0,MflNI kJ/ �cac 11�i-�Cor�.l, ShoJL ,5 Ito kVV)A1(rl of kjo��e of fofolre ('Of). ,v+ Yt of L,TZii vrt U-s C7 c�4rr�cnLL k 7 noern Although the path of travel located on Bayside Drive cannot be adjusted,_as mentioned above, the walkway is still in compliance with an average sloping of 5.3%(top 12 feet is 6.6%, middle 12 feet is 4.8%, lower 12 feet is 4.5%, and the landing at base of path of travel is a 5 ft wide by 5ft long section that has 0% slope). This walkway had handrails as well -even -though the -first two-thirds-otthe walkwaya.under-the-57 sloping. In order to comply with CBC Chapter 11B-202, due to the technical infeasibility, is to create an compliant sloping in the parking area on the ground level. In addition to this ramp, we also have our main access located at our garage floor where we have recently_upgraded the elevator to a fully compliant disabled accessible_ elevator th serves all three levels of the 1111 Bayside building. This ground floor is equip with the required amount of disabled accessible parking stalls, will be adjusted to a less then 5% slope and can be access by our main drn aisle as well as off the city sidewalk see attached path of travel o tions). There are three ways to enter the building : 1) the Bayside drive an average across ramp located on ramp. 2) by the. floor entrance which.can.be_acc.esse-cLby-iootby-utilizino -;,:- Lblic.access-easement-wluch_opens up at the neighboring parcel. 3) by the ground floor entrance wh1#can be accessed by foot or vehicle utilizing the main drive aisle which cuts directly into the property from Bayside Drive. This drive aisle is not sloped to be disabled accessibteTut does -have two van parrngspots meant to fe use-Vor-AbA —purlposes-.-This-rive aisle located between 1101 and 1111 Bayside drive and has been our primary access point for all guests (Disabled and able bodied) for years. FormsWardship 06/08/2022 Address: 1111 Bayside Drive, Corona Del Mar, CA 92625 P/C #: 3030-2021 1. Total Cost of Construction contemplated (not including disabled access work) $ 1 ( -Z5-01 GOC) Identify the accessibility features, which will NOT be brought into compliance if the request is granted. Provide an estimate of the cost of compliance for each item. ® Path of travel to entrance (ramps, walks) ❑ Path of travel to altered area(s) ............... ❑ Sanitary facilities (restrooms) ................. ❑ Parking .................................................... ❑ Drinking fountain(s)................................ ❑ Accessible phone(s) ............................... ❑ Accessible signage................................. ❑ Other ....................................................... Total cost of providing compliance:..... $ see technical infeasibility Identify the accessibility features and equivalent facilities, which will be provided or brought into compliance as required by Code. Provide an estimate of the cost of each item. a, accessible handicap parking stall & loading zone $ 15,000 b. accessible POT (slope & cross slope) from (E) $ 10,000 c. accessible parking space to elevator lobby door $ 15,000 d. $ e. $ f. $ Total: $ 40,000 2. Technically infeasibility— if applicable complete Page 3 of this application 3. Fill out this section if the path of travel from the disabled parking spaces to the tenant space is not accessible. List projects (tenant improvements, additions, remodels, etc.) performed within previous three years where no disabled access improvement was performed in conjunction with the project. State description, date, and cost. N/A The applicant understands that although the City may approve this request of unreasonable hardship and the proposed equivalent access, the City reserves the right to require additional access compliance upon receiving a complaint of inadequate access at this location. 4. John Pomer (Applicants Name or Authorized Representative) 5. Signature) FOR CITY USE ONLY �(Approved ■ Denied 1� 2.28.2023 /2_L Z--� o3-Z'.�-zp23 (Date) Forms\Hardship 06/08/2022 i 82-152935 RECORDING REQUESTED. BY RECORDING REQUESTED BM AND WHEN RECORDED MAIL 170: FIILE INSURANCE S TRUST M RECOROED IN OFFICIAL RECDRDS $1300 The 1RVINE COMPANY aORANGE COUNTY, CALIFORNI6 O. Gox i C:8 Newport Deach, CA -Q 05 AM Npy 418 ATTIC. PMD/ DOCUMENT SERVI:ES _ . Ui A. RRANCN, C0' R=r tF AT4F.NOMENT TO AGR'K: TENTS AFFECTING REAL Pk,, 28TY ThIS AMENDMENT TO AGREEMENTS 4FFECTING REAL PROPERTY (1, - "Am✓ cment is made and entered into as of this _67_9_17 day of _44 by and between THE IRVINE COMPANY, a R.:chigan corporation ("Irv. ie ), B.,•c1UE SQUARE OFFICE BUILDING, a California ;i,neral partnership ("Bayside"), UNIVERSITY SIGH EQUITY REAL ESTATE FL'.i, a lini!ed partnership ( UAiversrty") with reference to the following facts. A. On May 24, 1979, :rvine .Executed a Corporation Grawf Tee: (the "Deed") pursuant to which :rvine granted to Bayside that certai: par<I of real property located in the County of Oranqe, State of Ca!I.crnia, "<Fdrr,o •.c as toE "Undivided Parcel" and more particularly described therein; .is set 'cr2k Fr said Deed, the Undivided Parcel has been ei+ided for conven'ence of r<ferea<a 4:110 twc parcels, referred to as tte "Land" and the "Ylaterfront Parcef." Tie Gc.,e wets recorded with -he County Recorder for the County of OrasQe, Stare 0' Cd�If GrrjA on June 7, 1979, as Document No. 9083, in book 13176, Pages 346-';9 Offaci:' Records. B. On May 24, 1979, Irvine and Baysidc entercJ into _ RecipRuc&1 Easement Agreement (the "P.EA'+), which was recordel uu June 7, 19:', the O'.FIc^ of the County Recorder of the County of Oranqe, State of Califoruld, a•. DOCWCent No. 908r., in Book 13176, Pages 372-392 of Official Records. C. On December 29, 1981, Bayside ccnveyed Lu Univern.itj HigP Equity Real Estate Fund, a limited partnership, al'. J its riai:t, title ann Ir:.eres! in and to said parcel subject to the provisions o- various !ocumemis o' record in- cluding the aforementione7 Reciprocal Easement Agreeme�.c- Said deed doled December 29, 1981 was recorded in the office of the Orarge Cou:hy Racc .:er cn the 29th nay of December_, 1921.in Book 14336 pages IA9!L_ Of official records. D. The parties hereto desire to provide for the sati_"acti cf various conditions imposed upon thee, by the C ^.y of Newport Beacn Pi e.r Fng Commission as conditions to the final approva -ir a parcel met fur r_- s PMC164 82-152935 Subdivision No. 706 pursuant to section 19.12-040 of the Newport Beach Municipal Code. A copy of the Planning Commission report is annexed hereto as Exhibit I. In addition, it is the desire of the parties Fereto to resolve various issues 'fie pertaining to the completion cf the construction of the improvements on Parcel 2 IIft� by installation of a wrought iron fence on top of the retaining wall constructed by Bayside on Parcel 1; use by Irvine of a trash receptacle (dumpster) on Parcel ;1 1 at no cost or expense to Irvine or its tenants, invitees, slip renters and other eermittees for containment and disposal of trash; provision for location and deziction of signs identifying various tenants of both owners of parcels 1 and 2 and providing directions to members of the public as to where said tenants are located, directions how to find said tenants and parking directions; and the designation of specific parking spaces for the exclusive use of tenants, guests, employees, invitees, officers, and vendees of California Recreation Co_, a business entity of The Irvine Company, which spaces are depicted on an annexed map, hereinafter referred to as Exhibit III and made a part hereof. Nov, therefore, in consida-ratios of the mutual promises contained herein and for other good and valuable consideration, the parties hereto agree as follows: 1_ In order to clarify to the City of Newport Beach as to who is re- sponsible and has the liability for maintenance of the bulkhead in front of and adjacent to Parcel 1, it is deemed necessary to correct a typographical error, appearing on page 8, Book 1317E of Page 353 of the Official Records of the Orange County Recorder's Office consisting of a Corporation Grant Deed from The Irvine Conpany as Grantor to Bayside Square Office Building, as Grantee, recorded on June 7, 1979. Said error consists of the word "Grantee" on the first lire in subparagraph (iv) instead of "Grantor." The parties hereto covenant and aqr=e that the word "grantee" should be "grantor" and they hereby agree and covenant on behalf of themselves, executors, heirs, nominees, successors and assignees to modify said deed and to hereafter utilize, interpret and adhere to their obligations as therein set forth on the basis and pursuant to the interpretation in which the word "grantor" replaces the word "grantee" and further, said parties covenant and agree to pra-pare, execute and promptly process any further or additional documents which may be required by the City of Newport Beach or financial institutions o^ each other so as to further or more fully clarify and correct said error. 2. Bayside agrees antl covenants to pay for materials, construction and installation of eight (8) feet of aluminum railinq on top of the concrete block 2 °i PMD164 I i 82-152935 retaining wall located on parce' 2 of a type and quality similar to that pre- sently installed along the easement area between parcel 1 and the bulkhead line. 3. The 28 parking spices depicted on Exhibit III by the initials"CR or "Marina" shall be available For the exclusive use of tenants, guests, employ- ees, invitees, officers and vendees of Irvine doing business as California Recreation Co. These spaces stall be so labeled by signs or other appropriate designation painted on. the parking surface and the signs and parking surface shall be maintained by University. In addition to the 28 spaces designated for the exclusive use of Irvine, Irvine shall also be entitled to the non-exclusive use of an additional 24 spaces pursuant to the terms and provisions of the Re- ciprocal Easement Agreement rtferred to above which spaces shall be selected only from those spaces which are not marked. 4. University covenants and agrees to allow Irvine, its tenants, irvitees, slip renters and otter permittees to utilize free of charge a trash receptacle to be maintained and serviced by 'jniversity and located on Parcel 1. 5, The parties hereto mutually covenant and agree to provide for signs which are approved by government authorities to be located on either parcel as may be required to depict tha location of various tenants, directions for park- ing, tenant directories and other appropriate information. Said signs shall be constructed at the sole cost and expense of the party requesting same. All signs shall be designed, constructed and erected in an architecturally sound and aesthetically pleasing manner. If any dispute exists in.. regard to enforcement of this provision, it shall be submitted to arbitration by the American Arbitration Association in Orange County applying the rules of arbitration as set forth in , the California Code of civil Procedure. 6. University agrees and covenants to assume all obligations of Bayside Square Office Builcings, a California general partnership, as set lforthn 79 in the aforementioned grant deed dated May 24, 1979 and recorded June 7, 9 Book 13176 at page 346, etc:. in the Office of the Orange County Recorder and the obligations of Bayside as the "Owner" set forth and agreed to by Bayside in a certain license agreement sated October 21, 1981 with the City of Newport Beach which agreement was recorded October 28, 1981 in Book 14272 at page 1000 of the official Records of the Orange County Recorder. Said license agreement sets forth the obligation of Bayside (now University) to maintain and repair the improvements un Parcel 1 along the pedestrian easement adjacent to nonstandard to a conveyance by the qulkhead. said obligation shall continue subsequent - 3 - 82-152935 University of a ten (10) foot strip to Irvine in accordance with the description thereof set forth in a parcel map, approval of which is pending from the City of Newport Beach. 7. All other terms, conditions and covenants of the REA as previously amended shall remain in full force and effect. IN WITNESS THEREOF, 1:he parties hereto have executed this Amendment on the day and year above written. TBE IR Y, BAYSIDE SQUARE OFFICE BUILDING, do a California General Partnership a 14' By, _ By: ROMEO I, California Limited Partnership re Ident a 134 SEPT. - l� _By: Robert Wallis 5 Associates, Inc. a sista Greta ry a California Corporation, " Genes al Partner UNCVC'i[e.� HIf UITY RE%L E 6'PATE O im ited �� 7 1��✓� Partnership B Y /� 'Robert . Walii5, President By: BY: CARSSI, LTD., — en ra ner a California Limited Partnership By: Carssi, Inc. a California Corporation, General Partner By: G GUEwA RTA'E,L BY: T ossi By: INNOVATIVE DEVELOPMENT PROPERTIES, By: a California General Partnership By: Bayside Square Investors, Ltd. a California Limited Partnership By: si, General ,.n rr /P�a B ���' -//.racer Edward CaTrpentfire /PPa/�rtner By: Barbara A. Frosr,-Farther, By: X1lip J ngel, Par er -4- a2-152935 A FINDINGS MD CONDITIONS OF APPROVAL �1 FOR RESUSDIVISION NO_ 706 FINDINGS: 1. That the map meets the requirements of Title 19 of the !'ewport Beach Municipal Code, all ordinances of Ute City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. The project will not have any significant environsental impact. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by Ordinance and the Public works Department. 3_ That all easements of record be shown on the parcel map. 4. That a pedestrian easement be dedicated to the City at the southwesterly coiner of Parcel 1 to encom bass the existing pedestrian walkway. The configuration of the easement shall be approved by the Public Works Department. 5. That a license agreement for maintenance and repair of the non-standard improvements along the pedestrian easement adjacent to the bulkhead by provided by the owner of Parcel 2. 6. That the Owners of Parcels 1 and 2 enter into an agreement for maintenance and repair of the bulkhead in that the bulkhead is in Parcel 2 and the tie rods and anchors are in Parcel 1. The agreement shall be recorded in the County Recorders Office and completed prior to recordation of the parcel map. fEXF4181T I v� u 82-152935 SITE AND PARKING PLAN EICFIIe,IT Tf�r 82-152935 / STATE OF CALIFORNIA ) ss.: COUNTY OF ORANGE ) On this day of April, 1982 before me the under- signed, a Notary Public in and for said County and State, rbara A. Frost, known to me to be a personally appeared Ba partner of Innovative Development Properties, the Partnership that executed the within instrument on behalf of said part- nership, said partnership being known to me to be one of the partners of Bayside Square Office Building, and acknowledged to me that such partnersb:ip executed the same. - WITNESS p'y hand and official seal. STATE OFCALIFORNIA) COUNTY OF ORANGE ) On this /% day of April, 1982 before me, the under- signed a Notary Public in and for said County and State, personally appeared Edward J. Carpenter, known to me to be a Partner of Innovative Development Properties, the Partnership that executed the within instrument on behalf of said part- nership, said partnership being known to me ro be one of the partners of Bayside Square Office Building, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA ) as.: COUNTY OF ORANGE ) On this r"S day of April, 1982 before me, the under- signed, a Notary Public in and for said County and State, personally appeared Robert L. Wallis, known to me to be the President of the corporation, said corporation being known to me to be one of the partners of Romeo I, a California Limited Partnership, the partnership that executed the within instru- ment, and acknowledged that such Limited Partnership executed the same as such partner and that such partnership executed the same. N �i oriPNt srn: /" �. C. L. OTJE)LL 82-152935 STATE OF CALIFORNIA ) as.: COUNTY OF ORANGE ) On th is: day of April, 1982 before me the under- signed, a Notary Public in and for said County and State, personally appeared Tom Possi, known to me to be the General Partner of Bayside Square Investors, Ltd., the Limited Part- nership that executed the within instrument on behalf of said Limited partnership, said Limited Partnership being known to me to be one of the partners of Innovative Development Prop- erties, the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same as such partner and that such partnership executed the same. WITNESS my hand and STATE OF CALIFORNIA ) as.: COUNTY OF ORANGE ) official seal. On this 'c 7w day o' April, 1982 before me, the under- signed a Notary Public in and for said County and State, personally appeared Tom Rossi, known to me to be the President of the corporation that executed the within instru- ment and known to meto to the person who executed the within instrument on behalf of said Corporation, said corporation being known to me to be one of the partners of Carssi, Ltd., a California Limited Partnership, the partnership that exe- cuted the within instrument, and acknowledged to me that such Limited Partnership executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Vic'. STATE OF CALIFORNIA ) as.: COUNTY OF ORANGE ) On this day of April, 1982 before me, the under- signed, a Notary Public in and for said County and State, personally appeared Phillip J. Ringel, known to me to be a Partner of Innovative Development Properties, the Partnership that executed the within instrument on behalf of said partnership, said partnership being known to me to be one of the partners of Bays: -de Square Office Building, and acknowledged to me that such partnership executed the same. CEFICL4LcSEAL Y O•: c aIrtoFr:w LIFORNIA ) ) COUNTY OF ORANGE ) 55. 62-152935 �a� Ig � , before me, tha eared On the day of -- T California, personally PP undersigned Notary Public in and for the State o e , n i{cCl¢/� me to be e general partnerSof , known to or, the President a Limited Partnership of Hjgh Equity Real E'.,tate Fund, the University • Real Estate Fund, a High Equity and �eParsityknown to me to be the the corporate General that enecutedn the within instrumen behalf of University High Equity Limited Partnership, and acknowledged to me that oersans who executed the wits in instrumen o executed the Real Estate Fund, a Limited i'artnersh }/eP� tSE n� and laws or a resolutio of its Board of within instrument p ursuant to its by Directors. WITNESS my hand and official seal_ O£FtCL4L 5::a. CARCLa A GC,' DEN r aj - xO�0.FY tfS WYGELFS C(UNrr Mr4Y t Omni 64 STATE OF CALIFOANIA) 82-152335 SS CODN'i"Y OF ORANGE ) before me, the uners ip ned, a on Not a:y public in and •or �, said State, personally apoeared Daniel M. Lamkln know to we to be he Vice President, and Da•11 M. KOC t, know [o me to be the Assistant Secretary of The Irvine— known to me to be the persons who executed the vithin Lnstrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. LKA�REN „Lstat _) . 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