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HomeMy WebLinkAboutZA2013-052 - Approved CC2013-001 AND NP2013-015 - 512 AND 512 1/2 Avocado AvenueRESOLUTION NO. ZA2013 -052 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING CONDOMINIUM CONVERSION NO. CC2013 -001 AND TENTATIVE PARCEL MAP NO. NP2013 -015 FOR A TWO -UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 512 AND 512 1/2 AVOCADO AVENUE (PA2013 -126) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Richard and Jeanne Mitchell, with respect to property located at 512 and 512 '/z Avocado Avenue, and legally described as Lot 28 of Tract 682, in the City of Newport Beach, as per map thereof recorded in Book 20, Page 19 of miscellaneous maps in the office of the County Recorder of said Orange County, requesting approval of a condominium conversion and parcel map. 2. The applicant proposes a condominium conversion and parcel map to convert an existing duplex into a condominium project. The code required two -car parking per unit is provided and no waivers of Title 19 development standards are proposed with this application. 3. The subject property is located within the RT (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 September 12, 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) and Class 15 (Minor Land Divisions) 2. The division of existing multiple family or single - family residences into common interest ownership is exempt under Class 1 of CEQA. The division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels is exempt when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. Zoning Administrator Resolution No. ZA2013 -052 Page 2 of 11 SECTION 3. REQUIRED FINDINGS. Condominium Conversion In accordance with Section 19.64.070 (Standards for Condominium Conversions) of the Newport Beach Municipal Code, the following 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. The existing duplex consists of 3,521 square feet including two, single -car garages and two covered spaces. A -2. The four spaces provided meet the number of spaces required (2 per unit) per 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 duplex 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 C -1. The duplex 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 D -1. The duplex has two separate water meters and water meter connections. 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -052 Paqe 3 of 11 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 duplex 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 F -1. A special inspection was completed by the Building Division on August 6, 2013, 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 G -1. As conditioned, the project will comply with this requirement prior to recordation of the final parcel map. 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 is consistent with the adopted goals and policies of the Land Use Element and other Elements of the General Plan and the Local Coastal Program Land Use Plan. The project site is designated as RT (Two -Unit Residential) by the Land Use Element of the General Plan and as RT -D (Two -Unit Residential) by the Coastal Land Use Plan (CLUP). The proposed project is consistent with the RT land use category, which is intended to provide for a range of two - family dwelling units such as duplexes and townhomes. 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -052 Paqe 4 of 11 H -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 -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. 1 -2. The proposed project is to convert an existing, remodeled duplex into two condominiums on property located within the R -2 zoning district. 1 -3. Public improvements will be required of the Applicant per the Municipal Code and the 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): 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. 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -052 Paqe 5 of 11 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 and a Class 15 categorical exemption pursuant to Title 14 of the California Code of Regulations (Sections 15301 and 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act). Under Class 1 (Existing Facilities), the division of existing multiple family or single - family residences into common interest ownership is exempt under Class 1 of CEQA. Under Class 15 (Minor Land Divisions), the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels is exempt when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. 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. The development 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. 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -052 Paqe 6 of 11 Finding: 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, which is developed for residential use, lies in a residentially zoned area. 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 previously defined in Section 11000.5 of the California Business and Professions Code because the existing subdivision does not contain 50 or more parcels. 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -052 Paqe 7 of 11 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. 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. 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -052 Paqe 8 of 11 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 -D (Two -Unit Residential). K -2. The subject property is not adjacent to coastal access points therefore, the coastal access and recreation policies do not apply. K -3 Recreation policies contained within Chapter Three of the Coastal Act are not applicable to the subject property. 61:109MWEM.1xy601 Is] 01 NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Parcel Map No. NP2013 -015 and Condominium Conversion No. CC2013 -001 (PA2013 -126), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. The Condominium Conversion and Tentative Parcel Map 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 Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 12th DAY OF SEPTEMBER, 2013. Patrick Alford, Zoning Administrator 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -052 Paqe 9 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL 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 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 Parcel Map and Condominium Conversion. 3. No more than two- dwelling units shall be permitted on the site. 4. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, additional street trees may be required and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department through an encroachment permit or agreement. 5. 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. All parking spaces shall be maintained clear of obstructions for the parking of vehicles at all times. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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. 8. 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 Condominium Conversion and Parcel Map including, but not limited to, Condominium Conversion No. CC2013 -001 and Tentative Parcel Map No. NP2013 -015 (PA2013- 126). 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 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -052 Paqe 10 of 11 owed to the City pursuant to the indemnification requirements prescribed in this condition. 9. 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. Buildina Division Conditions 10. The project shall comply with the CRC or CBC 2010 code for construction type, fire rating, egress requirements and sound attenuation. 11. The sprinkler system shall provide a separate riser, one for each dwelling unit. 12. Separate utilities and electrical, mechanical, and plumbing shall be provided for each dwelling unit. 13. Separate forced air units and air conditioning units shall be provided for each dwelling units. Sound attenuation will apply. 14. The dwelling units shall comply with fire separation and sound attenuation requirements. 15. 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. Public Works Conditions 16. 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. 17. 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. 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -052 Paqe 11 of 11 18. All improvements shall be constructed as required by Ordinance and the Public Works Department. 19. Repair damaged concrete curbs along the Avocado Avenue frontage. 20. 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 box and cover. Water meters and sewer cleanouts shall be located within the public right -of -way. 21. An encroachment permit is required for all work activities within the public right -of -way 22. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L and Municipal Code Section 20.30.130. 23. 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. 24. All on -site drainage shall comply with the latest City Water Quality requirements. 25. All above ground improvements shall stay a minimum 5 -foot clear within the alley setback, including planting. Standard concrete driveway shall replace the planter within the 5 -foot alley setback. 26. 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. 04 -24 -2013