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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). 1 Sommerdyke and Meacham Residential Condominium Conversion (PA2021-060) Zoning Administrator, May 27, 2021 Page 2 Tmplt: 05/27/20 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. 2 Sommerdyke and Meacham Residential Condominium Conversion (PA2021-060) Zoning Administrator, May 27, 2021 Page 3 Tmplt: 05/27/20 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) 3 Attachment No. ZA 1 Draft Resolution 4 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. 5 Zoning Administrator Resolution No. ZA2021-### Page 2 of 6 01-25-19 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. 6 Zoning Administrator Resolution No. ZA2021-### Page 3 of 6 01-25-19 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 7 Zoning Administrator Resolution No. ZA2021-### Page 4 of 6 01-25-19 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 8 Zoning Administrator Resolution No. ZA2021-### Page 5 of 6 01-25-19 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, 9 Zoning Administrator Resolution No. ZA2021-### Page 6 of 6 01-25-19 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. 10 Attachment No. ZA 2 Vicinity Map 11 VICINITY MAP Condominium Conversion No. CC2021-002 PA2021-060 720 and 720 ½ Iris Avenue Subject Property 12 Attachment No. ZA 3 Condominium Conversion No. CC2005-009 (PA2005-130) 13 14 15 16 17 Attachment No. ZA 4 Tentative Parcel Map No. NP2005- 028 (PA2005-130) 18 19 20 21 22 23