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HomeMy WebLinkAboutZA2021-027 - 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)RESOLUTION NO. ZA2021-027 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. Zoning Administrator Resolution No. ZA2021-027 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. Zoning Administrator Resolution No. ZA2021-027 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 Zoning Administrator Resolution No. ZA2021-027 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 H.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. 4. This resolution supersedes Condominium Conversion No. CC2005-009, which upon vesting of the rights authorized by this Condominium Conversion, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 27 DAY OF MAY 2021. Zoning Administrator Resolution No. ZA2021-027 Page 5 of 6 01-25-19 EXHIBIT “A” 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. 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. 5. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 6. 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. 7. 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. 8. 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. 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, disbursements and court costs) of every kind Zoning Administrator Resolution No. ZA2021-027 Page 6 of 6 01-25-19 and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of 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.