HomeMy WebLinkAboutZA2012-041 214 Marguerite Avenue Condo ConversionRESOLUTION NO. ZA2012 -041
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING CONDOMINIUM
CONVERSION NUMBER CC2012 -003 FOR A TWO -UNIT
CONDOMINIUM DEVELOPMENT LOCATED AT 214
MARGUERITE AVENUE (PA2012 -133)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Frank Ultimo on behalf of Marguerite Development, LLC, with
respect to property located at 214 Marguerite Avenue, and legally described as Parcel 1
of Parcel Map No. 2007 -229, in the City of Newport Beach, County of Orange, State of
California, as per map recorded in Book 374, Pages 39 through 41 of Parcel Maps, in the
office of the County Recorder of said county.
2. The applicant requests a condominium conversion to convert an existing duplex that
was remodeled to condominium standards in 2012 to a two -unit condominium project.
3. The subject property is located within the R -2 (Two -Unit Residential) Zoning District and
the General Plan Land Use Element category is RT (Two -Unit Residential).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RT -D (Two -Unit Residential).
5. A public hearing was held on November 14, 2012, in the City Hall Council Chambers,
3300 Newport Boulevard, 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
Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class
1 exemption 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;
2. The proposed project involves the conversion of an existing duplex into a two -unit
condominium development.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 19.64.070 (Standards for Condominium Conversions) of the
Newport Beach Municipal Code, the following finding is 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
1. The existing, remodeled duplex consists of 3,666 square feet including two, single -car
garages and two covered spaces.
2. The four spaces provided meet the number of spaces required (2 per unit) by the
Chapter 20.40 (Off- Street Parking) of the Zoning Ordinance.
Finding
B. Each dwelling unit within a building shall have a separate sewer connection to the City
sewer.
Facts in Support of Finding
1. The remodeled duplex was altered such that it has 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
The remodeled duplex was altered such that it has 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
1. The remodeled duplex was altered such that it has two separate water meters and water
meter connections.
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Zoning Administrator Resolution No. 2012 -041
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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
The remodeled duplex was altered such that the electrical service connection complies
with the requirements of Chapter 15.32.
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
A special inspection was completed by the Building Division on October 22, 2012, and no
violations were identified.
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
Condition of approval for Parcel Map No. NP2007 -035 (PA2007 -250) required stakes
and tags to be installed at all lot corners prior to recordation. Satisfaction of this
condition of approval was verified prior to release of the parcel map for recordation.
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
The project is consistent with the
and other Elements of the Gene
Plan. The project site is designa
Element of the General Plan and
Use Plan (CLUP). The proposed
which is intended to provide for a
and townhomes.
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adopted goals and policies of the Land Use Element
ral Plan and the Local Coastal Program Land Use
ted as RT (Two -Unit Residential) by the Land Use
as RT -E (Two -Unit Residential) by the Coastal Land
project is consistent with the RT land use category,
range of two- family dwelling units such as duplexes
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2. An existing, remodeled two -unit dwelling rental will be converted into a two -unit
condominium project. The residential density on the site will remain the same.
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. The application of the project conditions will ensure the health, safety, peace, comfort,
and general welfare of persons residing or working in the neighborhood and the City.
2. The proposed project is to convert and existing, remodeled duplex into two
condominiums on property located within the R -2 zoning district.
3. Public improvements were required of the applicant per the Municipal Code and the
Subdivision Map Act during the tentative parcel map approval process in 2008. Said
improvements were reviewed and verified by the Public Works Inspector prior to
release of the parcel map for recordation.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Condominium
Conversion No. CC2012 -003 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 fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
Department in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER, 2012.
By:
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. Prior to final of the description change permit, the brick pavers in the area between
sidewalk and property line shall be removed.
2. Prior to final of the description change permit, the concrete panels within the parkway
area shall be removed or replaced with a standard concrete carriage walk; otherwise
an encroachment agreement will be required.
3. Prior to final of the description change permit, the applicant shall cap the unused
sewer lateral at property line and remove existing sewer cleanout.
4. Prior to final of the description change permit, A Public Works Department
encroachment permit inspection is required before the Building Division permit final
can be issued. At the time of Public Works Department inspection, if any of the
existing public improvements surrounding the site are damaged, new concrete
sidewalk, curb and gutter, and alley /street pavement will be required and 100% paid
by the owner. Said determination and the extent of the repair work shall be made at
the discretion of the Public Works Inspector.
5. An approved encroachment permit is required for all work activities within the public
right -of -way.
6. Each unit shall be served by its individual water meter and sewer lateral and cleanout
located within the public right -of -way. Each water meter and sewer cleanout shall be
installed with a traffic -grade box/frame and cover. Water meter and the sewer cleanout
shall be located within the Public right -of -way.
7. Two -car parking, including one enclosed garage space, shall be provided on site for
each dwelling unit per requirements of the Zoning Code.
8. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport
Beach Municipal Code, approved street numbers or addresses shall be placed on all
new and existing buildings in such a location that is plainly visible and legible from the
street or road fronting the subject property. Said numbers shall be of non - combustible
materials, shall contrast with the background, and shall be either internally or
externally illuminated to be visible at night. Numbers shall be no less than four inches
in height with a one -inch wide stroke. The Planning Division Plan Check designee
shall verify the installation of the approved street number or addresses during the plan
check process for the new or remodeled structure.
9. 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,
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Zoning Administrator Resolution No. 2012 -041
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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 Marguerite
Avenue Condo Conversion including, but not limited to, the PA2012 -133. 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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