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HomeMy WebLinkAboutZA2016-001 - TENTATIVE PARCEL MAP & CONDO CONVERSION - 415 Marguerite Ave RESOLUTION NO. ZA2016-001 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING CONDOMINIUM CONVERSION NO. CC2015-003 AND TENTATIVE PARCEL MAP NO. NP2015-017 FOR TWO-UNIT CONDOMINIUM PURPOSES LOCATED AT 415 MARGUERITE AVENUE (PA2015-176) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Targhee Capital Advisors, LLC, with respect to property located at 415 Marguerite Avenue, and legally described as Lot 9, Block 438, Corona Del Mar Tract, requesting approval of a condominium conversion and tentative parcel map. 1. The applicant proposes to convert an existing duplex into a condominium project. The code required two-car parking per unit will be provided and no waivers of Title 19 development standards are proposed with this application. 2. 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). 3. The subject property is not located within the coastal zone. 4. A public hearing was held on January 14, 2016,in the Corona del Mar Conference Room (Bay E-1 st 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 pursuant to Title 14 of the California Code of Regulations (Sections 15302 and 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 2 (Replacement or Reconstruction) and 15 (Minor Land Divisions). 2. The Class 2 exemption authorizes replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The project consists of the demolition and reconstruction of one unit and remodel of one unit, consistent with this exemption. 3. The Class 15 exemption includes the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are Zoning Administrator Resolution No. ZA2016-001 Page 2 of 12 required, and 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 two years, and the parcel does not have an average slope greater than 20 percent. The proposed subdivision is consistent with this exemption. 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: 1. As permitted and conditioned, the proposed new front unit will provide a one-car garage and a one-car carport. The remaining existing rear unit will be remodeled to condominium standards and will also provide a one-car garage and a one-car carport. 2. The four spaces provided meet the number of spaces required (two 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: 1. As permitted and conditioned, the duplex will maintain 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. As permitted and conditioned, the duplex will maintain two separate sewer cleanouts located at the property line. 03-03-2015 Zoning Administrator Resolution No. ZA2016-001 Page 3 of 12 Finding: D. Each unit shall maintain a separate water meter and water meter connection. Facts in Support of Finding: 1. As permitted and conditioned, the duplex will maintain 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 Finding: 1. The 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: 1. A special inspection was completed by the Building Division on November 30, 2015, and multiple building and safety violations were identified including sanitation, structural, exit safety, plumbing, guardrails, and smoke detectors/carbon monoxide alarms. 2. Since the duplex is currently undergoing renovation, several items in the special inspection could not be verified in the field; however, the permitted building plans indicate the required improvements will be constructed. 3. As conditioned, the project will not be condominiums until all violations have been corrected and verified. 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. 03-03-2015 Zoning Administrator Resolution No. ZA2016-001 Page 4 of 12 Facts in Support of Finding: 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: 1. The project is consistent with the adopted goals and policies of the Land Use Element and other Elements of the General Plan. The project site is designated as RT (Two- Unit Residential) by the Land Use Element of the General Plan. 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. 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: 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 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. 2. The proposed project is to convert an existing, remodeled duplex into two condominiums on property located within the R-2 Zoning District. 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 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: 03-03-2015 Zoning Administrator Resolution No. ZA2016-001 Page 5 of 12 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. A two- unit duplex will be remodeled to current condominium standards. The proposed subdivision and improvements are consistent with the density of the R-2 Zoning District and the current RT General Plan Land Use Designation, 2. The Tentative Parcel Map does not apply to any specific plan area. Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The lot is physically suitable for two-unit development because it is regular in shape and is relatively flat. 2. The subject property is accessible from Marguerite Avenue and the alley at the rear, and 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, This project has been reviewed, and it has been determined that it qualifies for a Class 2 and a Class 15 categorical exemption pursuant to Title 14 of the California Code of Regulations (Sections 15302 and 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act). The Class 2 exemption authorizes replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the 03-03-2015 Zoning Administrator Resolution No. ZA2016-001 Page 6 of 12 structure replaced. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels 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 are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. 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 residential condominium purposes. All improvements 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 (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. 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 03-03-2015 Zoning Administrator Resolution No. ZA2016-001 Page 7 of 12 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. 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 fifty (50) or more parcels. 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 Tentative Parcel Map and any future 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. 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. 03-03-2015 Zoning Administrator Resolution No. ZA2016-001 Page 8 of 12 Facts in Support of Finding: 1. The two-unit duplex 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: J. 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. The remodeled two-unit duplex will be designed so that wastewater discharge into the existing sewer system complies with the 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: 1. The subject property is not located within the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Condominium Conversion No. CC2015-003 and Tentative Parcel Map No. NP2015-017 (PA2015-176), 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 10 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 19 Subdivisions, of the Newport Beach Municipal Code. 03-03-2015 Zoning Administrator Resolution No. ZA2016-001 Page 9 of 12 PASSED, APPROVED, AND ADOPTED THIS 14h DAY OF JANUARY, 2016. Patrick J. Alford, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2016-001 Page 10 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 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. 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 November 30, 2015. 9. 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 19, Planning and Zoning, of the Newport Beach Municipal Code. 10. 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 03-03-2015 Zoning Administrator Resolution No. ZA2016-001 Page 11 of 12 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 415 Marguerite Avenue Condominiums including, but not limited to CC2015-003 and NP2015-017 (PA2015-176). 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. Public Works Division 11. A Parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). 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. 12. 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. 13. All improvements shall be constructed as required by Ordinance and the Public Works Department. 14. An encroachment permit is required for all work activities within the public right-of-way. 15. The existing and/or otherwise damaged concrete sidewalk, curb and gutter along the Marguerite Avenue frontage and any damaged concrete alley panels along the alley frontage shall be reconstructed. Limits of construction shall be determined by the Public Works Inspector. 16. All existing private, non-standard improvements within the public rights-of-way and/or extensions of private, non-standard improvements into the public rights-of-way fronting the development site shall be removed. 03-03-2015 Zoning Administrator Resolution No. ZA2016-001 Page 12 of 12 17. Each proposed condominium unit shall be served by its own individual water service/meter and sewer lateral/ cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade box and cover. 18. The existing street tree within the Marguerite Avenue right-of-way fronting the development shall be protected-in-place. Any street tree removal shall require approval from the Public Works Department and the Municipal Operations Department. 19. 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. 03-03-2015