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HomeMy WebLinkAboutZA2014-015 - Limited Term Permit - More than 90 days for a temporary building - 3300 Newport BlvdRESOLUTION NO. ZA2014 -015 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING CONDOMINIUM CONVERSION NO. CC2014 -001 AND TENTATIVE PARCEL MAP NO. NP2013 -005 FOR NONRESIDENTIAL CONDOMINIUMS LOCATED AT 901 DOVE STREET (PA2013 -024) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by SBS Dove Street Partners, L.P., property owner, with respect to property located at 901 Dove Street, and legally described as Parcel 1 in the City of Newport Beach, County of Orange, State of California, as shown on a map thereof, filed in Book 59, Page 22, of Parcel Maps, records of Orange County California 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 two -story office building to nonresidential condominiums for the purpose of creating separate ownership units and to allow reciprocal use of the common area lot for ingress, egress, and parking. 3. The applicant requests 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. 4. The subject property is located within Professional and Business Office Sites 1 and 2 of the Newport Place Planned Community (PC -11) Zoning District, and designated Mixed -Use Horizontal (MU -H2) by the General Plan. 5. The subject property is not located within the Coastal Zone. 6. A public hearing was held on May 15, 2014, at City Hall, 100 Civic Center Drive, Newport Beach, California. 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. Zoning Administrator Resolution No. ZA2014 -015 Page 2 of 14 2. The proposed project will convert an existing office building to nonresidential condominiums with no physical change to the building or expansion of use. SECTION 3. REQUIRED FINDINGS. Condominium Conversion 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: A -1. At the time of original construction in 1974, 106 parking spaces were required (23,790 square feet / 225 = 105.7). Pursuant to Section 20.40.110 (Adjustments to Off - Street Parking Requirements), this requirement may be reduced administratively by the Community Development Director when parking spaces are lost due to Americans with Disability Act (ADA) requirements associated with tenant improvements. A -2. ADA upgrades in conjunction with a tenant improvement in 2001 resulted in a conversion of three parking spaces to loading zones. In this case, the Community Development Director determined that 103 parking spaces meets the ratio required due to a loss of parking spaces associated with ADA requirements. A -3. The existing property to be converted to condominiums provides 102 on -site parking spaces. As conditioned, one additional parking space will be provided within the parking lot for a total of 103. A -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 Quail Street and Dove Street, 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. Zoning Administrator Resolution No. ZA2014 -015 Page 3 of 14 Facts in Support of Finding: B -1. The applicant has requested 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 residents or tenants of the property or surrounding properties, nor to public health or safety. B -2. The existing property is serviced by three separate sewer connections. B -3. The applicant estimates the Condominium Conversion will result in approximately 20 separate ownership units. B -4. A waiver is appropriate in this case because it will eliminate the need for street cuts that would otherwise be required for each new connection and will eliminate the need for re- plumbing and reconguration of existing connections which would require significant constructruction and cost. B -5. 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. B -6. 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. B -7. 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. Finding C. Each sewer lateral shall be retrofitted /fitted with a cleanout at the property line. Facts in Support of Finding: C -1. As conditioned, the project will 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. Zoning Administrator Resolution No. ZA2014 -015 Page 4 of 14 Facts in Support of Finding: D -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 residents or tenants of the property or surrounding properties, nor to public health or safety. D -2. The existing property is serviced by two separate water meters and water meter connections. D -3. The applicant estimates the Condominium Conversion will result in approximately 20 separate ownership units. D -4. A waiver is appropriate in this case because it will eliminate the need for street cuts that would otherwise be required for each new connection and will eliminate the need for re- plumbing and reconguration of existing connections which would require significant constructruction and cost. D -5. Waiving the requirement for separate water meter and water meter 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. D -6. 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 water and sewer service. D -7. 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. Zoning Administrator Resolution No. ZA2014 -015 Page 5 of 14 Facts in Support of Finding: E -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: F -1. A special inspection was completed by the Building Division on April 10, 2014. F -2. The inspection identified safety violations associated with ADA accessibility, existing room and door signage, exiting signage, electrical panel labeling, existing stairs, handrails, and guardrails, as well as window and door glazing. F -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: G -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: H -1. The project is not for a residential conversion. H -2. The property is designated MU -H2 (Mixed -Use Horizontal) by the Land Use Element of the General Plan. which is intended to provide for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use Zoning Administrator Resolution No. ZA2014 -015 Page 6 of 14 buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The existing office building is consistent with these designations and a tentative parcel map for condominiums does not change the use. H -3. Although the property is recognized as a housing opportunity site within the Housing Element of the General Plan, there exists other housing opportunities within the City that can accommodate the City's share of regional housing needs. Finding: 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 -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. 1 -2. The proposed project to convert an existing office building to condominiums is located on a property site within the MU -H2 Zoning District which allows for commercial office uses. 1 -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. 1 -4. Accessibility upgrades in compliance with the Americans with Disabilities Act will be required of the applicant for the purpose of ensuring the use of the building and subject property are not detrimental to persons working or residing in the neighborhood. 1 -5. Public improvements will be required of the applicant per the Municipal Code and Subdivision Map Act. 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: Zoning Administrator Resolution No. ZA2014 -015 Page 7 of 14 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: A -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. A -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: B -1. The site is developed with a two -story office building and common area parking lot. B -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 for the office use. B -3. The subject property is accessible from Dove Street and Quail Street 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 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: C -1. The site was previously developed in 1974 with a two -story office building and on -site parking lot. The design of the subdivision remains generally the same today. Zoning Administrator Resolution No. ZA2014 -015 Page 8 of 14 C -2. The applicant has proposed one new parking space in a location previously used for parking. The proposed improvements will cause no significant environmental impact. C -3. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. C -4. 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: D -1. The Tentative Parcel Map is for nonresidential condominium purposes. No improvements to the building or public utilities are proposed. The addition of one parking space and correction of identified safety violations associated with the special building inspection will not create any serious public health concerns. D -2. If at any time improvements are proposed they 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. Facts in Support of Finding: E -1. There are no existing easements acquired by the public at large for access through, or use of the property. Therefore the Tentative Parcel Map will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development. Zoning Administrator Resolution No. ZA2014 -015 Page 9 of 14 E -2. Shared vehicular and pedestrian ingress, egress, and access to the properties at 901 Dove Street and 1001 Dove Street is provided via the existing driveway area off Dove Street pursuant to a reciprocal easement recorded March 14, 2001, as Instrument No. 20010148157. The Tentative Parcel Map will not conflict with this easement of record. Finding: 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: F -1. The property is not subject to the Williamson Act because the subject property is not designated as an agricultural preserve and is less than 100 acres in area. F -2. The site, developed for office use, lies in a zone that permits such a use. 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: G -1. The property is not a `land project' as defined in Section 11000.5 of the California Business and Professions Code because the existing subdivision does not contain 50 or more parcels. G -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: H -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 Zoning Administrator Resolution No. ZA2014 -015 Pape 10 of 14 depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: 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 -1. Commercial office condominiums are allowed land uses within Professional and Business Office Sites 1 and 2 of the PC -11 Zoning District. Although the site is subject to a residential development overlay in PC -11 and is identified as a housing opportunity site in the City's Housing Element, other housing opportunities exist in the City that can accommodate the City's regional housing need of five units 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: J -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: K -1. The project is not located within the Coastal Zone. Zoning Administrator Resolution No. ZA2014 -015 Page 11 of 14 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Condominium Conversion No. CC2014 -001 and Tentative Parcel Map No. NP2013 -005, 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 14 days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 15" DAY OF MAY, 2014. Zoning Administrator Resolution No. ZA2014 -015 Page 12 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 1. Prior to the recordation of the Parcel Mao, a total of 103 parking spaces shall be provided on site and shall remain open and accessible to visitors of the site. 2. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 3. 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 4. 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 Dove Street Condominium Conversion including, but not limited to, Condominium Conversion No. CC2014 -001 and Tentative Parcel Map No. NP2013 -005 (PA2013- 024). 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 5. Prior to the recordation of the Parcel Map, all safety violations identified during the special inspection and specified in conditions 6 through 13 shall be completed. 6. Electrical panels shall be identified and appropriately labeled with a proper load schedule. Zoning Administrator Resolution No. ZA2014 -015 Page 13 of 14 7. Room and door identification shall be replaced to meet the current accessibility requirements for Braille. 8. Exit signs shall be replaced to meet current requirement for lumens. 9. Existing guardrails shall meet current code requirements with a minimum height of 42 inches, and spacing between balustrades not to exceed 4 inches on center. 10. Entry doors and windows shall be safety glazed by either being replaced with laminated glazing or tempered glazing or as required by the Building Division. 11. Path of travel from the access parking spaces to the entrance to the buildings shall be upgraded to meet current code requirements. 12. A total of four accessible parking spaces are required. Existing accessible parking shall be upgraded to meet current code requirements. 13. Existing sanitary facilities shall be upgraded to meet current accessibility requirements. 14. Prior to recordation of the Parcel Map, the draft CCR's shall address the formation of an Association and the CCRs shall be submitted to the Planning Division to be reviewed by the Building Division, and City Attorney's Office. 15. The CCR's shall identify the common areas as it relates to exit path of travel and separate sanitary facilities for each sex and the associated maintenance. 16. The CCR's shall identify the maintenance of all disabled access elements such as but not limited to: parking, access, path of travel, sanitary facilities, stairs, and unit entrances. 17. The CCR's shall identify the common use of water and sewer. 18. The second floor may not be used for medical use without the installation of an elevator. 19. Prior to final of the building permit for the special inspection, the Parcel Map for condominium purposes shall be recorded and all conditions of approval shall be completed and verified by the Planning Division. Public Works Department 20. 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, Zoning Administrator Resolution No. ZA2014 -015 Page 14 of 14 Subarticle 18, The Parcel Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 21. Prior to recordation of the Parcel Mao, 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. 22. The applicant shall reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels, driveways, and curb and gutter along the Dove Street and Quail Street frontages. 23. All existing drainage facilities in the public right -of -way, including the existing curb drains along the Dove Street and Quail Street frontages shall be retrofitted to comply with the City's on -site non -storm runoff retention requirements. 24. Dove Street and Quail Street are part of the City's Moratorium List. All work performed on said roadways will require additional surfacing requirements. See City Standard 105 -L -F. 25. Since no construction is being proposed at this time, an Association shall be established and 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. 26. Each existing sewer and water lateral shall be retrofitted /fitted with a cleanout at the property line. 27. An encroachment permit is required for all work activities within the public right -of -way. 28. All improvements shall comply with the City's sight distance requirement pursuant to City Standard 110 -L. 29. In case of damage done to public improvements surrounding the development site by any construction, additional reconstruction within the public right -of -way may be required at the discretion of the Public Works Inspector. 30. All on -site drainage shall comply with the latest City Water Quality requirements.