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HomeMy WebLinkAboutZA2014-017 - A REQUEST TO CONVERT AN EXISTING DUPLEX INTO A TWO-UNIT CONDOMINIUM PROJECT. - 712 Orchid AveRESOLUTION NO. ZA2014 -017 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING CONDOMINIUM CONVERSION NO. CC2014 -003 FOR A TWO -UNIT DUPLEX LOCATED AT 712 AND 712'/, ORCHID AVENUE (PA2014 -071) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by David Birkett and Margarete Jordon, Property Owners, with respect to property located at 712 and 712 %, Orchid Avenue, and legally described as Lot 1 of Parcel Map No. 2005 -243 requesting approval of a condominium conversion. 2. The applicant proposes a condominium conversion to convert an existing duplex into a two -unit condominium project. 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 not located within the coastal zone. 5. A public hearing was held on June 12, 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act, Class 1 (Existing Facilities). 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. SECTION 3. REQUIRED FINDINGS. 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: Zoning Administrator Resolution No. ZA2014 -017 Paae 2 of 5 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 provides a single -car garage and a tandem carport space for each unit, for a total of four spaces. A -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: B -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: C -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. Facts in Support of Finding: D -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. Zoning Administrator Resolution No. ZA2014 -017 Page 3 of 5 Facts in Support of Finding: E -1. The existing duplex was constructed 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 May 22, 2014, and two safety violations were identified. Existing guardrails do not meet the minimum height requirement of 42 inches and carbon monoxide detectors were not provided on all floors. F -2. As conditioned, the project will not be condominiums until all safety violations have been corrected. 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 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 Findin H -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. H -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 Zoning Administrator Resolution No. ZA2014 -017 Page 4 of 5 small fraction of the City's supply of rental housing (estimated to be approximately 17,500 units). Finding: 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 proposed project is to convert an existing duplex into two condominiums on property located within the R -2 zoning district. 1 -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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Condominium Conversion Application No. CC2014 -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 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 12" DAY OF JUNE, 2014. 0 Zoning Administrator Resolution No. ZA2014 -017 Paqe 5 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL 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 project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. No more than two dwelling units shall be permitted on the site. 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. 5. Prior to the final of the building permit for the special inspection, the applicant shall resolve all building safety violations identified in the Condominium Conversion Inspection Report dated May 22, 2014. 6. 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. 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 Birkett Condominium Conversion including, but not limited to, the CC2014 -003 (PA2014 -071). 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.