HomeMy WebLinkAbout03_Sommerdyke and Meacham Residential Condominium Conversion_PA2021-060CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 27, 2021
Agenda Item No. 3
SUBJECT:Sommerdyke and Meacham Residential Condominium Conversion
(PA2021-060)
Condominium Conversion No. CC2021-002
SITE LOCATION:720 and 720 ½ Iris Avenue
APPLICANT:Richard Sommerdyke and Jim Meacham
OWNER:Richard Sommerdyke and Jim Meacham
PLANNER:Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category:RT (Two Unit Residential)
Zoning District:R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request to amend a condition of approval of an existing condominium conversion No.
CC2005-009 (PA2005-130). The existing conditions of approval require a four-car
garage for the two-unit condominium whereas the current Newport Beach Municipal Code
(NBMC) requires two parking spaces per unit (one garage and one covered space per
unit). The existing condition would be amended to require that parking be provided in
compliance with the NBMC. All other conditions of approval from Condominium
Conversion No. CC2005-009 would remain in effect and no changes to the approved
Parcel Map No. NP2005-028 are requested.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Condominium
Conversion No. CC2021-002 (Attachment No. ZA 1).
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DISCUSSION
• The subject property is zoned Two-Unit Residential (R-2) and has a General Plan Land Use Designation of Two Unit Residential (RT). The R-2 Zoning District is
intended to provide areas appropriate for development of a maximum of two
residential dwelling units (i.e., duplexes) on a single legal lot.
• The project site was developed in 1974 with a duplex.
• In 2005, Condominium Conversion No. CC2005-009 and Tentative Parcel Map No. NP2005- 028 (PA2005-130) were approved by the Zoning Administrator (Attachment No. ZA 3 and ZA 4) allowing each unit of the duplex to be sold
individually as condominiums.
• Condition of approval number 9 of CC2005-009 stated, “each unit shall be provided a two-car tandem garage” which is a greater off-street parking requirement than
what is currently required by the NBMC for two-unit residences.
• The current off-street parking requirement for two-unit residences is two parking spaces per unit in the form of one garage space and one covered space.
• The condominium owners would like to remodel both units, including adding onto the first floor and third floor, and converting a portion of the existing four-car garage into a carport.
• The proposed project will amend the conditions of approval of CC2005-009 to provide parking consistent with the current NBMC.
• All other conditions of approval from CC2005-009 shall remain in effect. ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The application is to amend a condition of approval of
a condominium conversion. This project will amend the approval so off-street parking is provided per the current NBMC development standards whereas the original approval required a four-car garage. No actual construction is proposed as part of this project.
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PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MS/jp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Condominium Conversion No. CC2005-009 (PA2005-130) ZA 4 Tentative Parcel Map No. NP2005- 028 (PA2005-130)
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
CONDOMINIUM CONVERSION NO. CC2021-002, WHICH
AMENDS CONDOMINIUM CONVERSION NO. CC2005-009, TO
ALLOW TWO (2)-UNIT RESIDENTIAL CONDOMINIUMS
LOCATED AT 720 AND 720 ½ IRIS AVENUE (PA2021-060)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Richart Designs, with respect to property located at 720 and
720 ½ Iris Avenue, and legally described as lot 22 of Block 736 of Corona Del Mar
requesting approval of Condominium Conversion permit to modify the conditions of
approval of the existing Condominium Conversion No. CC2005-009.
2. The applicant requests that condition number 9 of the existing condominium conversion
approval be amended from requiring a four (4)-car garage to requiring two (2) parking
spaces per unit (one (1) garage and one (1) covered space per unit) in order to allow the
condominium owners to convert their four (4)-car garage into a two (2)-car garage with
carport.
3. The subject property is designated Two Unit Residential (RT) by the General Plan Land
Use Element and is located within the Two-Unit Residential (R-2) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held online on May 27, 2021, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. A notice of time, place and purpose of the hearing was given in accordance
with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was
presented to, and considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
2. The Class 1 exemption authorizes the operation, repair, maintenance, and minor
alterations of existing buildings. The proposed amendment will allow the condominium
owners to make minor alternations to an existing structure and convert a four (4)-car
garage to a two (2)-car garage with carport.
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Zoning Administrator Resolution No. ZA2021-###
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SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Condominium Conversion is
consistent with the legislative intent of NBMC Title 20 (Planning and Zoning) and is approved
based on the following findings per 19.64.070 (Standards for Condominium Conversions) of
the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A.Off-Street Parking Requirements, residential conversions, the minimum number and the
design and location of off-street parking spaces shall be provided in conformance with the
provisions of the off-street parking regulations contained within Title 20 of this Code, in
effect at the time of approval of the conversion.
Facts in Support of Finding:
1. The existing two (2)-unit condominium provides a total of four (4) garage parking spaces
which satisfies the current NBMC off-street parking requirement for two (2)-unit
residences.
2. The proposed improvements to convert the four (4)-car garage into a two (2)-car garage
with carport will comply with the current development standards of the R2 zoning district
including minimum interior dimensions.
Finding:
B. Each dwelling unit within a building shall have a separate sewer connection to the City
sewer.
Fact in Support of Finding:
1. The requirement was satisfied in 2005 when a permit for a description change from
duplex to condominium was issued by the Building Division.
Finding:
C. Each sewer lateral shall be retrofitted/fitted with a cleanout at the property line.
Fact in Support of Finding:
1. See Fact in Support of Finding B.1.
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Finding:
D. Each unit shall maintain a separate water meter and water meter connection.
Fact in Support of Finding:
1. See Fact in Support of Finding B.1.
Finding:
E. The electrical service connection shall comply with the requirements of Chapter 15.32.
Fact in Support of Finding:
1. See Fact in Support of Finding B.1.
Finding:
F. The applicant for a condominium conversion shall request a special inspection from the
Community Development Department 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.
Fact in Support of Finding:
1. See Fact in Support of Finding B.1.
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.
Fact in Support of Finding:
1. See Fact in Support of Finding B.1.
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.
Fact in Support of Finding:
1. The subject property is zoned Two-Unit Residential (R-2) and has a General Plan Land
Use Designation of Two Unit Residential (RT). The R-2 Zoning District is intended to
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Zoning Administrator Resolution No. ZA2021-###
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provide areas appropriate for development of a maximum of two (2) residential dwelling
units on a single legal lot.
Finding:
I. 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. (Ord. 2013-11 §§ 196, 197, 2013; Ord.
2005-19 § 1, 2005; Ord. 2005-12 § 1, 2005; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
Fact in Support of Finding:
1. See Fact in Support of Finding I.1.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Condominium
Conversion No. CC2021-002, subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 27 DAY OF MAY 2021.
_____________________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
Planning Division
1. Each unit shall be provided parking in conformance with the residential provisions of
Title 20 of the NBMC.
2. All other conditions of approval from Condominium Conversion No. CC2005-009 shall
remain in effect.
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 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.
5. This Condominium Conversion permit may be modified or revoked by the Zoning
Administrator if determined that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
6. shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
7. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
8. Construction activities shall comply with Section 10.28.040 (Construction Activity - Noise
Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-
generating construction activities that produce noise to between the hours of 7:00 a.m.
and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-
generating construction activities are not allowed on Saturdays, Sundays or Holidays.
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,
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causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including without limitation, attorney
and nature whatsoever which may arise from or in any manner relate (directly or indirectly)
Sommerdyke and Meacham Residential Condominium Conversion
including, but not limited to, Condominium Conversion No. CC2021-002 (PA2021-060).
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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Condominium Conversion No. CC2021-002
PA2021-060
720 and 720 ½ Iris Avenue
Subject Property
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Attachment No. ZA 3
Condominium Conversion No. CC2005-009 (PA2005-130)
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Attachment No. ZA 4
Tentative Parcel Map No. NP2005- 028 (PA2005-130)
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