Loading...
HomeMy WebLinkAboutZA2014-042 - PARCEL MAP FOR CONDO PURPOSES AND CONDO CONVERSION OF 2 DUPLEXES - 115 30th St RESOLUTION NO. ZA2014-042 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING CONDOMINIUM CONVERSION NO. CC2014-006 AND TENTATIVE PARCEL MAP NO. NP2014-016 FOR A TWO-UNIT DUPLEX LOCATED AT 115 30TH STREET (PA2014-146) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ragael and Martha Ayoub, Property Owners, with respect to property located 115 30th Street, and legally described as Lot 28, Block 30 of Newport Beach Tract M.M. 3/26 requesting approval of a condominium conversion and tentative parcel map. 2. The applicant proposes a condominium conversion in conjunction with a tentative parcel map to convert an existing duplex to two-unit condominiums. No waivers of Title 19 development standards for condominium conversions are proposed with this application. 3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and the General Plan Land Use Element category is Two-Unit Residential (RT). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two-Unit Residential (RT-E). 5. A public hearing was held on November 13, 2014, 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. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act, Class 1 (Existing Facilities). 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. The proposed project involves the conversion of an existing duplex into a two-unit condominium development. Zoning Administrator Resolution No. ZA2014-042 Page 2 of 11 SECTION 3. REQUIRED FINDINGS. Condominium Conversion In accordance with Section 19.64.070 (Standards for Condominium Conversion) 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 the Zoning Ordinance in effect at the time of approval of the conversion. Facts in Support of Finding: 1. The existing duplex provides a two-car garage and two carport spaces for both units, for a total of four spaces. 2. The four spaces provided meet the number of spaces required (2 per unit) pursuant to Section 20.40.040 (Off-Street Parking Spaces Required) and the design and location are in conformance with provisions of Chapter 20.40 (Off-Street Parking) of the Zoning Code. 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 existing duplex was constructed with 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: 1. The existing duplex was constructed with two separate sewer cleanouts located at the property line. Finding: D. Each unit shall maintain a separate water meter and water meter connection. Zoning Administrator Resolution No. ZA2014-042 Page 3 of 11 Facts in Support of Finding: 1. The existing duplex was constructed with two separate water meters and water meter connections. 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 Findinq: 1. The existing duplex was constructed with an electrical service connection that is 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: 1. A special inspection was completed by the Building Division on October 9, 2014, and no safety 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: 1. As required, permanent lot stakes and tags were installed at all lot corners. 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: 1. The General Plan does not include any specific goals for the dispersion of rental housing within the area. Housing Program 2.1.1 of the Housing Element of the General Plan, which restricts the conversion of rental units to condominiums in developments containing 15 or more units, does not apply. Zoning Administrator Resolution No. ZA2014-042 Page 4 of 11 2. Although the conversion from rental to ownership will reduce the number of rental opportunities in the area, the elimination of two rental units will not create a detrimental impact to housing opportunities in the area or City, as two units represents a very small fraction of the City's supply of rental housing (estimated to be approximately 17,500 units). Finding: L 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 proposed project is to convert an existing duplex to two-unit condominiums on property located within the R-2 zoning district. 2. The use of the property will continue to be for two-unit residential purposes and there is no evidence suggesting this use has been detrimental to the health, safety, peace, comfort, and welfare of those residing or working in the neighborhood, or the City. Tentative Parcel Map The Zoning Administrator determined in this case that the Tentative 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: Finding: A. That 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: 1. The Tentative Parcel Map is for two-unit residential condominium purposes. The existing two-unit dwelling was built in 2014 to condominium standards. The proposed subdivision and improvements are consistent with the density of the R-2 Zoning District and the current General Plan Land Use Designation, "Two-Unit Residential." 2. The property is not located in a specific plan area. Finding: B. That the site is physically suitable for the type and density of development. Zoning Administrator Resolution No. ZA2014-042 Page 5 of 11 Facts in Support of Finding: 1. The lot is consistent with other standard lots (25' X 95') in the vicinity, which are physically suitable for a two-unit development. 2. The property is accessible from Thirtieth Street and an alley at the rear. 3. The property is adequately served by existing utilities. Finding: C. That 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: 1. The site is currently developed with an existing two-unit dwelling, which will be subdivided for condominium purposes. 2. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. 3. The project is categorically exempt under Section 15301 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1. The Tentative Parcel Map is for two-unit condominium purposes. All improvements associated with the project will comply with ail 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 (Local Agencies to Regulate and Control Design of Subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Zoning Administrator Resolution No. ZA2014-042 Page 6 of 11 Finding: E. That 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: 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: 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. 2. The site, developed for residential use, lies in a Zoning District that permits residential uses. 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: 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. Zoning Administrator Resolution No. ZA2014-042 Page 7 of 11 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: 1. The existing structure was designed and constructed in compliance with Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. Finding: 1. That 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. The existing two-unit dwelling is consistent with the R-2 Zoning District which allows two residential units on the property. Therefore, the Tentative Parcel Map for condominium purposes will not affect the City in meeting its regional housing need. Finding: A. That 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: 1. As conditioned, wastewater discharge into the existing sewer system shall comply with the Regional Water Quality Control Board (RWQCB) requirements. Finding: B. 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. Zoning Administrator Resolution No. ZA2014-042 Page 8 of 11 Facts in Support of Finding: 1. The Tentative Parcel Map is for a two-unit dwelling. The proposed subdivision and improvements are consistent with the Coastal Land Use Plan designation RT-C (Two- Unit Residential). 2. The subject property conforms to public access policies of Chapter Three of the Coastal Act because the development does not impede public access from the nearest public roadway to the shoreline and along the coast. 3. Recreation policies contained within Chapter Three of the Coastal Act are not applicable to the subject property. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Condominium Conversion Application No. CC2014-006 and Tentative Parcel Map No. NP2014-016, 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 14 days following the date this Resolution was adopted 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 13TH DAY OF NOVEMBER, 2014. By: #redisneski, All P, Zoning Administrator Zoning Administrator Resolution No. ZA2014-042 Page 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. The applicant/property owner shall provide each of the tenants with written notification with an exclusive right to purchase the respective unit upon the same or more favorable terms and conditions than those on which such unit will be initially offered to the general public. Such right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report (Section 11018.2 of the Business and Professions Code), unless the tenant gives prior written notice of his or her intention not to exercise the right. A copy of the certified letter and return receipt form mailed to each tenant of the subject property shall be forwarded to the Planning Division prior to final of the condominium conversion permit. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. No more than two dwelling units shall be permitted on the site. 6. The two-car garage and two covered parking spaces shall be provided on site per requirements of the Zoning Code and shall be maintained as communal for both dwelling units. The separating of the garage into two-single enclosed garage spaces shall be prohibited due to the minimum width of the existing two-car garage. All parking spaces shall be maintained clear of obstructions for the parking of vehicles at all times. 7. 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. 8. 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 (one-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. Zoning Administrator Resolution No. ZA2014-042 Page 10 of 11 9. All improvements shall be constructed as required by Ordinance and the Public Works Department. 10. Prior to recordation of the parcel map, park dedication fees for one additional dwelling unit shall be paid consistent with the fee amount in effect at the time of payment as established by the City of Newport Beach Municipal Code. 11. Prior to recordation of the parcel map, any existing broken and/or otherwise damaged concrete sidewalk panels, curb and gutter along 30th Street frontage shall be reconstructed. 12. Prior to recordation of the parcel map, any existing broken and/or otherwise damaged concrete alley panels along the rear of the property frontage shall be reconstructed. 13. No above ground improvements shall be located within the required rear five-foot alley setback. 14. Prior to recordation of the parcel map, all existing private, non-standard improvements within the public right-of-way and/or extensions of private, non-standard improvements into the public right-of-way fronting the development site shall be removed. 15. Each 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. The water meter and sewer cleanout shall be located within the public right-of- way. 16. An encroachment permit is required for all work activities within the public right-of-way. 17. All improvements shall comply with the City's sight distance requirements. See City Standard 110-L and Municipal Code 20.30.130. 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 may be required at the discretion of the Public Works Inspector. 19. All on-site drainage shall comply with the current City Water Quality requirements. 20. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. 21. 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. 22. 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, Zoning Administrator Resolution No. ZA2014-042 Page 11 of 11 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 Ayoub Condominium Conversion including, but not limited to, the CC2014-006 (PA2014-146). 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.