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HomeMy WebLinkAboutZA2016-010 - TENTATIVE PARCEL MAP - 550 Newport Center Dr RESOLUTION NO. ZA2016-010 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2015-021 FOR A PARCEL MAP TO CREATE FOUR PARCELS LOCATED AT 500, 520, AND 550 NEWPORT CENTER DRIVE; AND 545 AND 555 SAN NICOLAS DRIVE (PA2015-213) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Irvine Company, Office Properties, property owner, with respect to properties located at 500, 520, and 550 Newport Center Drive; and 545 and 555 San Nicolas Drive, and legally described as a Portion of Block 93 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of California, requesting approval of a tentative parcel map. 2. The applicant proposes a tentative parcel map to create four parcels for refinancing purposes. Three of the four parcels would each consist of an existing office building (existing 500, 520, and 550 Newport Center Drive) and the fourth parcel would consist of the related access and parking facilities (existing 545 and 555 San Nicolas Drive). 3. The subject property is located within the North Newport Center (PC-56) Zoning District and the General Plan Land Use Element category is Mixed-Use Horizontal (MU-1-13). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 10, 2016 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 pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 15 (Minor Land Divisions). 2. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels are available, the parcel was Zoning Administrator Resolution No. ZA2016-010 Page 2 of 9 not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. The Tentative Parcel Map is consistent with all of the requirements of the Class 15 exemption. SECTION 3. REQUIRED FINDINGS. 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 refinancing purposes. The proposed subdivision of the existing office building properties and the related parking facilities is consistent with provisions of the Subdivision Map Act and the MU-H3 (Mixed-Use Horizontal) General Plan land use designation which provides for a horizontal intermixing of uses that may include commercial office uses. 2. Conditions are in place on the Tentative Parcel Map that require public improvements to reconstruct existing damaged concrete curb, gutter, sidewalk and roadway along the San Nicolas Drive, Newport Center Drive, Santa Rosa Drive, and San Joaquin Hills Road frontages as required by the Public Works Department and Title 19 of the Municipal Code. 3. 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 existing subject lots are developed with multi-story office buildings and their related access and parking facilities. 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 and related parking uses. 02-02-2016 Zoning Administrator Resolution No. ZA2016-010 Page 3 of 9 3. The subject property is accessible from San Joaquin Hills Road and San Nicolas Drive, 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: 1. The historic use of the properties as office and commercial buildings has not proven detrimental to the built out business office area. The design of the subdivision remains generally the same as 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 15315 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines — Class 15 (Minor Land Divisions). 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 refinancing purposes. No improvements to the building, parking facilities, or public utilities are proposed. 2. If at any time improvements are proposed, compliance will be met with regard to 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: 02-02-2016 Zoning Administrator Resolution No. ZA2016-010 Page 4 of 9 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: 1. The Tentative Parcel Map will not conflict with the existing pedestrian easements along San Nicolas Drive and Santa Rosa Drive. A condition is in place requiring an additional pedestrian easement along the Newport Center Drive frontage be granted to the City. 2. Shared vehicular and pedestrian ingress, egress, and access to the office buildings at 500, 520 and 550 Newport Center Drive is provided via the existing driveways and parking facilities accessed from San Nicolas Drive and San Joaquin Hills Road located at 545 and 555 San Nicolas Drive (proposed Parcel 4). These are allowed pursuant to the existing Declaration of Covenants, Conditions, Restrictions and Easements (CC&Rs) dated January 17, 1992, recorded as Instrument No. 92- 032777 and subsequently amended. 3. The existing CC&Rs also include parking allocations from the parking facilities at 545 and 555 San Nicolas Drive to four other parcels within Block 500 (2099, 2101, and 2161 San Joaquin Hills Road; and 567 San Nicolas Drive). These CC&Rs will remain intact to provide parking to these four parcels. 4. There is an existing Declaration of Access Easements that was recorded in 1984 that provides access rights to 1601 and 1605 Avocado from the existing driveways at 545 and 555 San Nicolas Drive which will also remain intact and unaffected by the proposed parcel map. 5. The parking facilities and access located on the proposed Parcel 4 (545 and 555 San Nicolas Drive) will remain dedicated for use by the existing office buildings located on new Parcel 1, Parcel 2, and Parcel 3 (500, 520 and 550 Newport Center Drive). This will be provided for in a new supplemental CC&Rs which is conditioned to be recorded and provided to the Planning Division at the time of recordation of the Parcel Map. 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 02-02-2016 Zoning Administrator Resolution No. ZA2016-010 Page 5 of 9 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 and is less than 100 acres in area. 2. The site, developed for office use, is located in a Zoning District 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: 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. 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 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. 02-02-2016 Zoning Administrator Resolution No. ZA2016-010 Page 6 of 9 Facts in Support of Finding: 1. The existing office buildings and related parking facilities are consistent with the North Newport Center (PC-56), Block 500 Zoning District. Although the site has a mixed-use General Plan designation which allows for residential uses, there are other housing opportunities that exist in the City that can accommodate the City's regional housing need of three units for the 2014-2021 housing period. Therefore, the Tentative Parcel Map 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. Wastewater discharge into the existing sewer system complies with the Regional Water Quality Control Board (RWQCB) requirements and the Tentative Parcel Map does not change this compliance. 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2015-021, 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 after the adoption of this Resolution unless within such time an appeal or call for review is filed with the Director of Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. 02-02-2016 Zoning Administrator Resolution No. ZA2016-010 Page 7 of 9 PASSED, APPROVED, AND ADOPTED THIS 10" DAY OF MARCH, 2016. Patrick J. Alford, Zoning Administrator 02-02-2016 Zoning Administrator Resolution No. ZA2016-010 Page 8of9 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 1. Concurrently with the recordation of the Parcel Map, the new CC&Rs reflecting Tentative Parcel Map No. NP2015-021 including access, easements, utilities, etc. and the allocation of parking spaces located on Parcel 4 for use by the office buildings located on Parcels 1, 2, and 3, shall be recorded and provided to the Planning Division. 2. 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 Newport Center Drive Tentative Parcel Map including, but not limited to, Tentative Parcel Map No. NP2015-021 (PA2015-213). 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. Public Works Department 3. 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 CADD Standards. Scanned images will not be accepted. 4. 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, Sub article 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. 02-02-2016 Zoning Administrator Resolution No. ZA2016-010 Page 9 of 9 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 6. An encroachment permit is required for all work activities within the public right-of-way. 7. A pedestrian easement along the Newport Center Drive frontage shall be granted to the City. The existing walkway along Newport Center Drive shall be ADA compliant. 8. Reconstruct existing damaged concrete curb, gutter, sidewalk and roadway along the San Nicolas Drive, Newport Center Drive, Santa Rosa Drive, and San Joaquin Hills Road frontage. Limits of reconstruction shall be determined by the Public Works Inspector. 9. An encroachment agreement shall be completed for existing private, non-standard improvements within the public rights-of-way to comply with City Council Policy L-6, Private Encroachments in Public Rights-of-Way. The existing private, non-standard improvements within the public rights-of way may require City Council review and approval. 02-02-2016