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HomeMy WebLinkAboutZA2013-066 - Approve CC2013-002RESOLUTION NO. ZA2013 -066 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING CONDOMINIUM CONVERSION NO. CC2013 -002 FOR A TWO -UNIT DUPLEX LOCATED AT 3401 BALBOA BOULEVARD AND 131 34T" STREET (PA2013 -174) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bill Caskey, with respect to property located at 3401 Balboa Boulevard and 131 34th Street, and legally described as Parcel 1 of Parcel Map No. 2005 -204, requesting approval of a condominium conversion. 2. The applicant proposes a condominium conversion to convert an existing duplex into a two -unit condominium project. No waivers of Title 19 development standards for condominium conversions are proposed with this application. 3. The subject property is located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two -Unit Residential (RT -E). 5. A public hearing was held on October 24, 2013, in the Corona del Mar Conference Room (Bay E -1st 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. The project has been reviewed, and qualifies for a Class 1 (Existing Structures) categorical exemption 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). 2. The Class 1 exemption involves negligible or no expansion of an existing use. This classification includes the division of existing multiple - family or single - family residences into common - interest ownership, and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. Zoning Administrator Resolution No. ZA2013 -066 Paqe 2 of 7 The proposed project involves the conversion of an existing duplex into a two -unit condominium development. SECTION 3. REQUIRED FINDINGS. In accordance with Section 19.64.070 (Standards for Condominium Conversion) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The minimum number, and the design and location of off - street parking spaces shall be provided in conformance with the provisions of the Zoning Ordinance in effect at the time of approval of the conversion. Facts in Support of Finding: A -1. Each unit of the existing duplex provides a single -car garage, and a tandem carport space, for a total of four spaces. A -2. The four spaces provided meet the number of spaces required (2 per unit) pursuant to Section 20.40.040 (Off- Street Parking Spaces Required). The design and location are in conformance with provisions of Chapter 20.40 (Off- Street Parking) of the Zoning Code, and Modification Permit No. MD2005 -105 which granted a reduced width for each garage parking space. A -3. Modification Permit MD2005 -105 was approved October 17, 2005 and permitted an interior garage width of 8 feet 9' /z inches, due to the narrow lot width of 25 feet. Finding: B. Each dwelling unit within a building shall have a separate sewer connection to the City sewer. Facts in Support of Finding: B -1. The existing duplex was constructed with two separate sewer connections to the City sewer. Finding: C. Each sewer lateral shall be retrofitted /fitted with a cleanout at the property line. Facts in Support of Finding: Zoning Administrator Resolution No. ZA2013 -066 Paqe 3 of 7 C -1. The existing duplex was constructed with two separate sewer cleanouts located at the property line. Finding: D. Each unit shall maintain a separate water meter and water meter connection. Facts in Support of Finding: D -1. The existing duplex was constructed with two separate water meters and water meter connections. Finding: E. The electrical service connection shall comply with the requirements of Chapter 15.32 (Underground Utilities) of the Newport Beach Municipal Code. Facts in Support of Finding: E -1. The existing duplex was constructed with an electrical service connection that was at such time, determined to be in compliance with the requirements of Chapter 15.32. Findinq: 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 September 25, 2013, and one safety violation was identified. The bedroom windows did not meet minimum egress opening size requirements. F -2. As conditioned, the project will not be condominiums until all safety violations have been corrected. 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 Findinq: Zoning Administrator Resolution No. ZA2013 -066 Paqe 4 of 7 G -1. As conditioned, the project will comply with this requirement. Findinq: 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 General Plan does not include any specific goals for the dispersion of rental housing within the area. Housing Program 2.1.1 of the Housing Element of the General Plan which restricts the conversion of rental units to condominiums in developments containing 15 or more units does not apply. H -2. Although the conversion from rental to ownership will reduce the number of rental opportunities in the area, the elimination of two rental units will not create a detrimental impact to housing opportunities in the area or City, as two units represents a very small fraction of the City's supply of rental housing (estimated to be approximately 17,500 units). Finding: 1. The establishment, maintenance or operation of the use or building applied for shall not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons 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 proposed project is to convert an existing duplex into two condominiums on property located within the R -2 zoning district. 1 -2. The use of the property will continue to be for two -unit residential purposes and there is no evidence suggesting this use has been detrimental to the health, safety, peace, comfort, and welfare of those residing or working in the neighborhood, or the City. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: Zoning Administrator Resolution No. ZA2013 -066 Paqe 5 of 7 1. The Zoning Administrator of the City of Newport Beach hereby approves Condominium Conversion No. CC2013 -002, 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 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 241h DAY OF OCTOBER, 2013. M Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2013 -066 Paqe 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. No more than two dwelling units shall be permitted on the site. 4. Two -car parking, including one enclosed garage space and one covered or enclosed parking space, shall be provided on site for each dwelling unit per requirements of the Zoning Code and Modification Permit No. MD2005 -105. All parking spaces shall be maintained clear of obstructions for the parking of vehicles at all times. 5. The applicant shall apply for a building permit for description change of the subject project development from "duplex" to "condominium." The development will not be condominiums until this permit is finaled. 6. Prior to the final of the building permit for description change, the applicant shall resolve all building safety violations identified in the special inspection. 7. Prior to the final of the building permit for description change, the applicant shall provide an updated site plan that depicts the curved wall at the corner of Balboa Boulevard and 34`h Street. The wall shall be located outside of the easement area (approximate 3.08 feet by 3.08 feet by 4.36 -foot triangle area), as described in Detail A of Parcel Map No. 2005 -204. 8. The applicant shall verify that monuments (1 inch iron pipe with tag) are set On Each Lot Corner. 9. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 10. 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 Zoning Administrator Resolution No. ZA2013 -066 Paqe 7 of 7 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 ZFRT 34th Street Condominium Conversion including, but not limited to CC2013 -002 (PA2013 -174). 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 Department Conditions 11. If any building modifications or alterations are proposed, they may require the sound rating to be verified by wall and floor ceiling assembly where the units are adjoined or overlapped for a minimum STC 50. 12. If any building modifications or alterations are proposed, they may require penetration of light fixtures or other MPE systems in the one hour fire and sound rated assembly quantified to meet the required fire rating and sound rating (STC 50). 13. If any building modifications or alterations are proposed, they may require that all walls that support fire resistive floor assemblies meet one hour fire resisting assembly. 14. If any building modifications or alterations are proposed, they may require that stairway elements have an approved fire rating and sound rating assembly where the stairs of each individual unit overlap the other. Details substantiating the requirements shall be verified. 15. If any building modifications or alterations are proposed, they may require the area over the garage or carports to meet the required fire resistive assembly and sound rating including light penetrations or MPE systems. 16. The utilities for each unit shall be independent. Each unit shall include independent water meter, independent fire riser, independent electrical service and independent plumbing system.