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HomeMy WebLinkAboutZA2013-011 Approved 121 34th Street Condo Conversion and Parcil MapRESOLUTION NO. ZA2013 -011 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING CONDOMINIUM CONVERSION NUMBER CC2012 -004 AND TENTATIVE PARCEL MAP NUMBER NP2012 -009 FOR A TWO -UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 121 34TH STREET (PA2012 -155) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Christopher Hall, Trustee of Kevin G. Hall Revocable Trust, with respect to property located at 121 34th Street, and legally described as Parcel 1 in the City of Newport Beach, County of Orange, State of California, as per Map filed in Book 67, Page 45 of Parcel Maps, in the office of the County Recorder of said county. 2. The applicant requests a condominium conversion in conjunction with a tentative parcel map to convert an existing duplex that was remodeled to condominium standards in 2011, 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 -E (Two -Unit Residential). 5. A public hearing was held on March 14, 2013, 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 has been reviewed, and qualifies for a Class 1 (Existing Facilities) 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 -011 Paqe 2 of 12 3. The proposed project involves the conversion of an existing duplex into a two -unit condominium development. SECTION 3. REQUIRED FINDINGS. Condominium Conversion In accordance with Section 19.64.070 (Conversion of Rental Units to Ownership) 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 Chapter 20.40 (Off - Street Parking), in effect at the time of approval of the conversion. Facts in Support of Finding: A -1. The existing duplex consists of 2,821 square feet, and contains two, single -car garages with two covered carports. A -2. The four spaces provided meet the code requirement (two per unit) specified in 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: B -1. The existing duplex was remodeled with two separate sewer connections to the City sewer. B -2. A special inspection completed by the Building Division on January 28, 2013, confirmed that each unit is served by its own sewer and piping. Finding: C. Each sewer lateral shall be retrofitted /fitted with a cleanout at the property line. Facts in Support of Finding: C -1. The existing duplex was remodeled with two separate sewer cleanouts located at the property line. Zoning Administrator Resolution No. ZA2013 -011 Paqe 3 of 12 C -2. A special inspection completed by the Building Division on January 28, 2013, confirmed that each unit has an approved cleanout installed at the property line. Finding: D. Each dwelling unit shall maintain a separate water meter and water meter connection. Facts in Support of Finding: D -1. The existing duplex was remodeled with two separate water meters and water meter connections. D -2. A special inspection completed by the Building Division on January 28, 2013, confirmed that each unit is served by its own water meter and piping. Finding: E. The electrical service connection shall comply with the requirements of Chapter 15.32 of the NBMC. Facts in Support of Finding: E -1. The existing duplex was remodeled with an electrical service connection that was at such time, determined to be in compliance 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: F -1. A special inspection was completed by the Building Division on January 28, 2013, and one safety violation was 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: G -1. As conditioned, the project will comply with this requirement prior to recordation of the final parcel map. Zoning Administrator Resolution No. ZA2013 -011 Paqe 4 of 12 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: H -1. The project site is designated as RT (Two -Unit Residential) by the Land Use Element of the General Plan, and RT -E (Two -Unit Residential) by the Coastal Land Use Plan (CLUP). The proposed two -unit project is consistent with the RT land use category and RT -E coastal land use category, which is intended to provide for a range of two - family dwelling units such as duplexes and townhomes. H -2. An existing two -unit duplex will be converted into a two -unit condominium project. The residential density on the site will remain the same. Finding: The establishment, maintenance or operation of the use or building applied for shall not, under circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of person 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 application of project conditions will ensure the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood and the City. 1 -2. The proposed project to convert an existing duplex into two condominiums is located on a property site within the R -2 Zoning District which allows for two - units. 1 -3. Public improvements are required of the applicant per the Municipal Code and Subdivision Map Act. Tentative Parcel map The Zoning Administrator determined in this case, that the proposed 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 (Subdivision Code): Zoning Administrator Resolution No. ZA2013 -011 Paqe 5 of 12 Finding: A. 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: A -1. The proposed parcel map is for two -unit condominium purposes. The existing duplex was remodeled in 2011 to condominium standards. The residential density on the site (two- units) will remain the same. The proposed subdivision and improvements are consistent with the density of the R -2 Zoning District and the `Two -Unit Residential' General Plan Land Use designation. A -2 The proposed parcel map does not apply to any specific plan area. Finding: B. The site is physically suitable for the type and density of development. Facts in Support of Finding: B -1. The lot is physically suitable for two -unit development because it is regular in shape and has a slope of less than 20 percent. Finding: C. 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: C -1. This project has been reviewed, and it has been determined that it qualifies for a Class 1 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). The Class 1 (Existing Facilities) 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. Zoning Administrator Resolution No. ZA2013 -011 Page 6 of 12 Finding: D. The design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: D -1. The proposed parcel map is for residential condominium purposes. Construction associated with the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 (General Improvement Requirements) of the Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Findinq: E. 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: E -1. The design of the development will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development, because there are no public easements located on the property. 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 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: F -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. F -2. The site developed for residential use lies in a residentially zoned area. Zoning Administrator Resolution No. ZA2013 -011 Page 7 of 12 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: G -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. G -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: H -1. The proposed parcel map and 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. The existing duplex was constructed in compliance with Title 24. Finding: 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. Facts in Support of Finding: 1 -1. The proposed parcel map 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. The residential density on the site will remain the same, which allows two units in the R -2 Zoning District. Therefore, the parcel map for condominium purposes will not affect the City in meeting its regional housing need. Zoning Administrator Resolution No. ZA2013 -011 Paqe 8 of 12 Finding: J. 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: J -1. Wastewater discharge into the existing sewer system will remain the same and does not violate Regional Water Quality Control Board (RWQCB) requirements. 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: K -1. The proposed parcel map is for two -unit condominium purposes. The proposed subdivision and improvements are consistent with the Coastal Land Use Plan designation RT -E (Two -Unit Residential). K -2. The subject property conforms with public access policies of Chapter Three of the Coastal Act because the new development maintains public access from the nearest public roadway to the shoreline and along the coast. K -3 Recreation policies contained within Chapter Three of the Coastal Act are not applicable to the subject property. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Condominium Conversion No. CC2012 -004 and Tentative Parcel Map No. NP2012 -009 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 Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Zoning Administrator Resolution No. ZA2013 -011 Paqe 9 of 12 PASSED, APPROVED AND ADOPTED THIS 14" DAY OF MARCH, 2013. CP, Deputy Director EXHIBIT "A" Zoning Administrator Resolution No. ZA2013 -011 Pape 10 of 12 CONDITIONS OF APPROVAL 1. A parcel map shall be recorded. The 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 map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 2. 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 Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (1- 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. 3. As per California Fire Code Section 903.2.8, an automatic sprinkler system shall be installed throughout all new buildings in a Group R occupancy. Each unit will require separate utilities for the fire sprinklers. 4. Smoke alarms shall be installed outside of each separate dwelling unit sleeping area in the immediate vicinity of bedrooms, and on every level of a dwelling unit including basements. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 6. The applicant shall reconstruct the existing broken and /or otherwise damaged concrete curb, gutter, sidewalk and alley panels along the 34th Street frontage. Limits of reconstruction are at the discretion of the Public Works inspector. 7. Additional public works improvements, including street and alley reconstruction work may be required at the discretion of the Public Works Inspector. 8. All existing overhead utility connections shall be placed underground. 9. All private, non - standard improvements within the 34th Street or alley public right -of- way shall be removed. 10. All above ground improvements shall stay clear of the alley setback. 11. Each dwelling unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic -grade Zoning Administrator Resolution No. ZA2013 -011 Pape 11 of 12 box and cover. Water meters and sewer cleanouts shall be located within the public right -of -way. 12. Each unit shall be served with individual gas and electrical service connections and shall maintain separate utility meters. 13. Two -car parking, including one enclosed garage space, shall be maintained on site for each dwelling unit per requirements of the Zoning Code. 14. 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 4 inches in height with a 1 -inch- wide stroke. 15. An approved encroachment permit is required for all work activities within the public right -of -way. 16. 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 percent paid by the owner. Said determination and the extent of the repair work shall be made at the discretion of the Public Works Inspector. 17. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 18. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 19. All on -site drainage shall comply with the latest City Water Quality requirements. 20. Prior to the recordation of the parcel map, 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. The building permit for the new construction shall not be finaled until after recordation of the parcel map. 21. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. Zoning Administrator Resolution No. ZA2013 -011 Pape 12 of 12 22. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 23. Prior to the recordation of the parcel map, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 24. 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 121 34th Street Condominium Conversion and Parcel map including, but not limited to, Condominium Conversion No. CC2012 -004 and Parcel map No. NP2012 -009 (PA2012 -155). 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. 25. The parcel map shall expire if the map has not been recorded within 24 months of the date of approval, unless an extension is granted by the Planning Director in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code.