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HomeMy WebLinkAboutZA2015-055 - A CONDOMINIUM CONVERISON IN CONJUNCTION WITH A TENTATIVE PARCEL MAP FOR NONRESIDENTIAL CONDOMINIUM PURPOSES. THE APPLICANT HAS REQUESTED TO WAIVE THE REQUIREMENT THAT EACH UNIT WITHIN THE BUILDING MAI - 4340 Von Karman Ave RESOLUTION NO. ZA2015-055 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING CONDOMINIUM CONVERSION NO. CC2015.001 AND TENTATIVE PARCEL MAP NO. NP2015-001 FOR NONRESIDENTIAL CONDOMINIUMS LOCATED AT 4340 VON KARMAN AVENUE (PA2014-230) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by David Bonaparte, with respect to property located at 4340 Von Karman Avenue, and legally described as Lot 3 in Tract No. 8762 requesting approval of a condominium conversion and tentative parcel map. 2. The applicant proposes a condominium conversion in conjunction with a tentative parcel map to convert an existing four-story office building to nonresidential condominiums, creating 47 separate ownership units. Included is a request to waive the Title 19 (Subdivisions) requirement that each unit within the building maintain separate water meters, and water and sewer connections. No other waivers are proposed. 3. The subject property is located within Office Site B of the Koll Center Planned Community (PC 15) Zoning District and the General Plan Land Use Element category is Mixed-Use Horizontal (MU-1-12). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on October 15, 2015, in the Corona del Mar Conference Room (Bay E-1 st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). The Class 1 exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. This includes but is not limited to the subdivision of existing commercial buildings where no physical changes occur which are otherwise not exempt. 2. The proposed project will convert an existing office building to nonresidential condominiums and will involve minor safety upgrades, but no expansion of use. Zoning Administrator Resolution No. ZA2015-055 Page 2 of 12 SECTION 3. REQUIRED FINDINGS. In accordance with Section 19.64.070 (Standards for Condominium Conversions) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The number of off-street parking spaces that were required at the time of original construction shall be provided on the same property to be converted to condominium purposes, and the design and location of such parking shall be in conformance with the provisions of Chapter 20.40 (Off-Street Parking). Facts in Support of Finding: 1. The subject property is one of eleven (11) footprint lots that makeup a contiguous office site within Koll Center Planned Community. The adjoining parking areas are designated for all required parking serving the contiguous office site. 2. At the time of original construction in 1975, the subject building was required to provide 275 parking spaces (61,885 net square feet / 225 = 275) within the adjoining parking area. The original number required is provided in the adjoining parking area. 3. The total number of parking spaces (3,356 spaces) within the adjoining parking area currently exceeds the minimum required for all properties that makeup the contiguous office site. 4. The design and location of parking is in conformance with the provisions of Chapter 20.40. Access to the shared parking area is taken from Von Karman Avenue, Birch Street, MacArthur Boulevard, and Jamboree Road, and adequate and safe maneuvering aisles are provided within the parking area. Finding: B. Each dwelling unit within a building shall have a separate sewer connection to the City sewer. Facts in Support of Finding: 1. The applicant requests to waive the requirement that each unit within the building maintain a separate sewer connection to the City sewer. Section 19.64.080 (Modification or Waiver of Conversion Standards) allows the decision making body to waive the requirement for separate connections if it finds that the waiver will not be materially detrimental to the tenants of the property or surrounding properties, nor to public health or safety. 07-22-2014 Zoning Administrator Resolution No. ZA2015-055 Page 3 of 12 2. The applicant estimates the Condominium Conversion will result in 47 separate ownership units. 3. A waiver eliminates the need to excavate the right-of-way to provide each unit with new utility connections. It also eliminates the need to reconfigure the existing plumbing and utility connections, which would involve significant alterations to the site.. 4. Waiving the requirement for separate sewer connections will not be materially detrimental to the tenants, nor to public health or safety because the building has demonstrated that existing connections can adequately accommodate those utilizing the site. 5. The Municipal Operations Department has reviewed the request to waive separate sewer connections for each condominium unit and will allow the waiver provided the property owner ensures common sewer connection use will not be detrimental to the residents or tenants of the property or surrounding properties. Any future development, modification or major construction of the property may revoke the waiver and require plans to be submitted to the City regarding sewer service. 6. As conditioned, the property owner shall form an Association responsible for the payment of sewer fees to ensure common sewer connection use will not be detrimental to the residents or tenants of the property or surrounding properties. Findinq: C. Each sewer lateral shall be retrofitted/fitted with a cleanout at the property line. Facts in Support of Finding: 1. As conditioned, the existing sewer laterals shall be retrofitted/fitted with a cleanout to comply with this requirement prior to recordation of the Tentative Parcel Map. Finding: D. Each dwelling unit shall maintain a separate water meter and water meter connection. Facts in Support of Finding: 1. The applicant has requested to waive the requirement that each unit within the building maintain a separate water meter and water meter connection. Section 19.64.080 (Modification or Waiver of Conversion Standards) allows the decision making body to waive the requirement for separate connections if it finds that the waiver will not be materially detrimental to the tenants of the property or surrounding properties, nor to public health or safety. 2. The applicant estimates the Condominium Conversion will result in approximately 47 separate ownership units. 07-22-2014 Zoning Administrator Resolution No. ZA2015-055 Page 4 of 12 3. A waiver eliminates the need to excavate the right-of-way to provide each unit with new utility connections. It also eliminates the need to reconfigure the existing plumbing and utility connections, which would involve significant alterations to the site. 4. Waiving the requirement for separate water connections will not be materially detrimental to the tenants, nor to public health or safety because the building has demonstrated that existing connections can adequately accommodate those utilizing the site. 5. The Municipal Operations Department has reviewed the request to waive separate water meters, and water meter connections for each condominium unit and will allow the waiver provided the property owner ensures common water connection use will not be detrimental to the residents or tenants of the property or surrounding properties. Any future development, modification or major construction of the property may revoke the waiver and require plans to be submitted to the City regarding sewer service. 6. As conditioned, the property owner shall form an Association responsible for the payment of water fees to ensure common water connection use will not be detrimental to the residents or tenants of the property or surrounding properties. Finding: E. The electrical service connection shall comply with the requirements of Chapter 15.32 of the NBMC. Facts in Support of Finding: 1. The electrical service connection for the existing office building complies with Chapter 15.32 (Underground Utilities) because all electrical service to the building is installed underground Finding: F. The applicant for a condominium conversion shall request a special inspection from the Building Division for the purpose of identifying any building safety violations. The applicant shall correct all identified safety violations prior to approval of a final map for the condominium conversion. Facts in Support of Finding: 1. A special inspection was completed by the Building Division on March 10, 2015. 2. The inspection identified minor safety violations associated with existing safety signage as well as window and door glazing. 07-22-2014 Zoning Administrator Resolution No. ZA2015-055 Page 5 of 12 3. As conditioned, the applicant shall correct all identified safety violations prior to recordation of the Tentative Parcel Map. Finding: G. Permanent lot stakes and tags shall be installed at all lot corners by a licensed surveyor or civil engineer unless otherwise required by the City Engineer. Facts in Support of Finding: 1. As conditioned, the project will comply with this requirement prior to recordation of the Tentative Parcel Map. Finding: H. For residential conversions, the project shall be consistent with the adopted goals and policies of the General Plan, particularly with regard to the balance and dispersion of housing types within the City. Facts in Support of Finding: 1. The project is not for a residential conversion. Finding: 1. The establishment, maintenance or operation of the use or building applied for shall not, under circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of person residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Facts in Support of Finding: 1. The application of project conditions will ensure the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood and the City. 2. The proposed conversion of an existing office building to condominiums occurs on a property within the MU-1-12 Zoning District that allows for commercial office uses. 3. Safety violations identified during the special inspection will be corrected ensuring the building does not create a detriment to persons working at or around the subject property. 4. Accessibility upgrades in compliance with the Americans with Disabilities Act will be required of the applicant to ensure the use of the building and subject property are not detrimental to persons working or residing in the neighborhood. 07-22-2014 Zoning Administrator Resolution No. ZA2015-055 Page 6 of 12 Tentative Parcel Map The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of Title 19: Finding: A. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: 1. The Tentative Parcel Map is for nonresidential condominium purposes. The proposed subdivision of an existing commercial office building is consistent with provisions of the Subdivision Map Act and the MU-H2 (Mixed-Use Horizontal) General Plan land use designation, which provides for a horizontal intermixing of uses that may include commercial office uses. 2. The project is not located within a specific plan area. Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The site is developed with a four-story building consisting of office uses. Several other buildings consisting of office uses exist nearby. 2. The lot is physically suitable for the commercial office density and development as the site is relatively flat, and has demonstrated since original construction that it is able to adequately accommodate the office use. 3. The subject property is accessible from Von Karman Avenue, Birch Street, MacArthur Boulevard, and Jamboree Road, and is adequately served by existing utilities. Finding: C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the 07-22-2014 Zoning Administrator Resolution No. ZA2015-055 Page 7 of 12 California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The site was developed as a footprint lot in 1975 with a four-story office building. The design of the subdivision remains generally the same today. 2. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. 3. The project is categorically exempt under Section 15301 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1. The Tentative Parcel Map is for nonresidential condominium purposes. With the exception of minor upgrades to address building safety and accessibility and the retrofitting/fitting of sewer cleanouts, no other improvements to the building or public utilities are proposed. The correction of identified safety violations associated with the special building inspection will not create any serious public health concerns. 2. Any future improvements proposed will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Any public improvements required of the developer per Section 19.28.010 (General Improvement Requirements) of the Municipal Code and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act shall comply with all ordinances of the City and all Conditions of Approval. Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. 07-22-2014 Zoning Administrator Resolution No. ZA2015-055 Page 8 of 12 Facts in Support of Finding: 1. The Tentative Parcel Map for the subdivision of the existing office building will not conflict with a 15-foot storm drain easement located at the southerly side of the property or any other public easements that exist nearby. Findin : F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: 1. The property is not subject to the Williamson Act because the subject property is not designated as an agricultural preserve. 2. The site, developed for office use, lies in a zone that permits office uses. Finding: G. That, in the case of a "land project' as defined in Section 11000.5 of the California Business and Professions Code: (1) There is an adopted specific plan for the area to be included within the land project, and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: 1. The property is not a "land project' as defined in Section 11000.5 of the California Business and Professions Code. 2. The project is not located within a specific plan area. Finding: H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: 1. Any future improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards 07-22-2014 Zoning Administrator Resolution No. ZA2015-055 Page 9 of 12 depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: 1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: 1. The property lies within an office site of a Planned Community Zoning District that prohibits residential land uses. The City's Housing Element recognizes other specific housing opportunities in the City that can accommodate the City's regional housing need for the 2014-2021 housing period. Therefore, the Tentative Parcel Map for condominium purposes will not affect the City in meeting its regional housing need. Finding: J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: 1. As conditioned, wastewater discharge into the existing sewer system shall comply with the Regional Water Quality Control Board (RWQCB) requirements. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: 1. The project is not located within the Coastal Zone. 07-22-2014 Zoning Administrator Resolution No. ZA2015-055 Page 10 of 12 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Condominium Conversion No. CC2015-001 and Tentative Parcel Map No. NP2015-001, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 10 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF OCTOBER, 2015. re d Wisnesk, Al P, Zoning Administrator 07-22-2014 Zoning Administrator Resolution No. ZA2015-055 Page 11 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. Prior to recordation of the Parcel Map, an inspection of the property shall be conducted verifying that all safety violations identified March 10, 2015, and applicable Building Division conditions of approval are addressed. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The Condominium Conversion and Tentative Parcel Map shall expire if the Map has not been recorded within 24 months of the date of approval, unless an extension is granted by the Community Development Director in accordance with the provisions of Section 19.16 (Tentative Map Expiration and Extension) of the Newport Beach Municipal Code. 5. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the PRES-4340 Von Karman Condominium Conversion including, but not limited to, Condominium Conversion No. CC2015-001 and Tentative Parcel Map No. NP2015-001 (PA2014-230). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division 6. Prior to recordation of the Parcel Map, exiting signage at all exit stairwells, hallways, and tenant spaces shall be brought to current code requirements. 07-22-2014 Zoning Administrator Resolution No. ZA2015-055 Page 12 of 12 7. Prior to recordation of the Parcel Map, exiting stair handrails shall be improved to meet current accessibility requirements. 8. Prior to recordation of the Parcel Map, existing sanitary facilities shall be improved to meet current accessibility requirements. 9. Prior to recordation of the Parcel Map, all room and door identification shall meet current accessibility requirements for braille. 10. The conditions, covenants, and restrictions (CC&R's) shall require that each separately owned unit install an individual electrical meter and subpanel. The panels shall be identified and appropriately labeled with proper load schedules. A recorded copy of the CC&R's shall be provided prior to the building becoming condominiums. 11. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Public Works Department 12. The Parcel Map shall be recorded. The Parcel Map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Parcel Map to be submitted to the City of Newport Beach shall comply with the City's CARD Standards. Scanned images will not be accepted. 13. Prior to recordation of the Parcel Map, the surveyor/engineer preparing the Map shall tie the boundary of the Map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner, unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 14. Prior to recordation of the Parcel Map, each existing sewer lateral shall be retrofitted/fitted with a cleanout at the property line. 15. An Association shall be established, responsible for the payment of water and sewer fees. Any delay in payments and any issues with the existing master meters will directly affect all units due to the fact that they do not have their own individual services. Any clogs and back-ups of the shared sewer lateral lines will directly affect all units served by that line. 16. All on-site drainage shall comply with the latest City Water Quality requirements. 07-22-2014