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HomeMy WebLinkAboutZA2021-050 - APPROVING CONDOMINIUM CONVERSION NO. CC2021-001, TENTATIVE PARCEL MAP NO. NP2021-006, AND COASTAL DEVELOPMENT PERMIT NO. CD2021-024 TO CONVERT AN EXISTING DUPLEX LOCATED AT 422 AND 422 ½ ACACIA AVENUE INTO A TWO (2)-UNIT CONDO (PA2021-129)RESOLUTION NO. ZA2021-050 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING CONDOMINIUM CONVERSION NO. CC2021-001, TENTATIVE PARCEL MAP NO. NP2021-006, AND COASTAL DEVELOPMENT PERMIT NO. CD2021-024 TO CONVERT AN EXISTING DUPLEX LOCATED AT 422 AND 422 ½ ACACIA AVENUE INTO A TWO (2)-UNIT CONDOMINIUM (PA2021-129) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Kent G. and Barbara C. Brawner (“Applicant”), with respect to property located at 422 and 422 ½ Acacia Avenue, requesting approval of a condominium conversion, tentative parcel map, and coastal development permit. 2. The property at 422 and 422 ½ Acacia Avenue is legally described as Lot 6, Block 429 of Corona del Mar. 3. The applicant proposes a condominium conversion, tentative parcel map, and coastal development permit to convert an existing 3,528-square-foot, two (2)-unit dwelling into two (2) condominiums. The required two (2)-car parking per unit will be provided and no waivers of Title 19 (Subdivision Code) development standards are proposed with this application. The existing development complies with all other applicable development standards including height and floor area limits. Approval of the Tentative Parcel Map and Condominium Conversion Permit would allow each unit to be sold individually as condominiums. 4. The subject property is designated RT (Two-Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two-Unit Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two-Unit Residential) (20.0-29.9 DU/AC) and it is located within the R- 2 (Two-Unit Residential) Coastal Zone District. 6. A public hearing was held online on September 30, 2021, consistent with Governor’s Executive Orders N-08-21 and N-29-20 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. Zoning Administrator Resolution No. ZA2021-050 Page 2 of 14 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15301 and 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) and Class 15 (Minor Land Divisions), because it has no potential to have a significant effect on the environment. 2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The proposed project consists of the conversion of an existing 3,528-square-foot, two (2)-unit dwelling with attached garaged and covered parking and does not involve new construction that will expand or enlarge the existing units. The conversion of the two (2)-unit dwelling into condominiums will allow the units to be sold separately. 3. Class 15 exempts the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) 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 (2) years, and the parcel does not have an average slope greater than 20 percent. The Tentative Parcel Map and Condominium Conversion is for individual sale of the units and is consistent with all of the requirements of the Class 15 exemption. 4. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 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. Zoning Administrator Resolution No. ZA2021-050 Page 3 of 14 Facts in Support of Finding: 1. As permitted and conditioned, each unit will provide a one (1)-car garage and a one (1)- car carport. 2. The four (4) spaces provided meet the number of spaces required (two [2] per unit) per 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. Fact in Support of Finding: 1. As permitted and conditioned, each unit will maintain separate sewer connections to the City sewer. Finding: C. Each sewer lateral shall be retrofitted/fitted with a cleanout at the property line. Fact in Support of Finding: 1. As permitted and conditioned, each unit will provide a separate sewer cleanout located at the property line. Finding: D. Each unit shall maintain a separate water meter and water meter connection. Fact in Support of Finding: 1. As permitted and conditioned, each unit will maintain a separate water meter and water meter connection. Finding: E. The electrical service connection shall comply with the requirements of Chapter 15.32 (Underground Utilities) of the Newport Beach Municipal Code. Fact in Support of Finding: 1. The existing two (2)-unit dwelling was constructed with an electrical service connection that was, at such time, determined to be in compliance with the requirements of NBMC Chapter 15.32. No upgrades or changes are required to the existing service connections. Zoning Administrator Resolution No. ZA2021-050 Page 4 of 14 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. Fact in Support of Finding: 1. A special inspection was conducted on September 9, 2021. The building inspector found the kitchen and bathrooms have missing GFCI outlets, various stair/deck handrails/guardrails do not meet current safety standards of the Building Code, and an unpermitted loft with related stairs in the rear unit at 422 ½ Acacia Avenue. Additionally, only one (1) sewer and piping connection could be identified. The condominium conversion is conditioned to require all GFCI outlets be provided, update the various handrails and guardrails to meet the current Building Code, and to permit or remove the unpermitted loft and related stairs. A separate sewer and related piping shall be provided for each unit. A final inspection by the building inspector will be required to verify these conditions are met prior to final of the condominium permit and prior to recordation of the map. 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. 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 existing two (2)-unit dwelling is consistent with the RT land use category, which is intended to provide for a range of two (2)-unit dwelling units such as duplexes and townhomes. 2. The existing two (2)-unit dwelling will be converted into a two (2)-unit condominium. The residential density on the site will remain the same. Zoning Administrator Resolution No. ZA2021-050 Page 5 of 14 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. Facts in Support of Finding: 1. The application of the project as conditioned will ensure the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood and the City. 2. The requested application is to convert an existing two (2)-unit dwelling into two (2) condominiums for individual sale of the units 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: Finding: J. 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 (2)-unit residential condominium purposes. The two (2)-unit dwelling will comply with 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: K. That the site is physically suitable for the type and density of development. Zoning Administrator Resolution No. ZA2021-050 Page 6 of 14 Facts in Support of Finding: 1. The lot is physically suitable for two (2)-unit development because it is regular in shape and has been occupied by a two (2)-unit development since 1988. 2. The subject property is accessible from the alley at the rear and is adequately served by existing utilities. Finding: L. 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. Fact in Support of Finding: 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). a. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The proposed project consists of the conversion of an existing 3,528-square-foot, two (2)-unit dwelling with attached four (4)-car garaged/covered parking and involves no new construction to expand or enlarge the existing units. Only minor interior alterations will be made to correct the items from the special inspection. The conversion of the two (2)- unit dwelling into condominiums will allow the units to be sold separately. b. Class 15 exempts the division of property in urbanized areas zoned for residential, commercial, or industrial use into four (4) 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 (2) years, and the parcel does not have an average slope greater than 20 percent. The existing two (2)-unit dwelling is a permitted use and minimal physical improvements are necessary to allow the requested condominium conversion for the individual sale of the units. The site has not been subject to a prior subdivision and does not have a slope of greater than 20 percent. Zoning Administrator Resolution No. ZA2021-050 Page 7 of 14 Finding: M. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Fact 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 applicant 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: N. 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. Fact 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: O. 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. Zoning Administrator Resolution No. ZA2021-050 Page 8 of 14 2. The site is developed for residential use and lies in a Zoning District that permits residential uses. Finding: P. 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. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this project site is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the Project site does not contain 50 or more parcels of land. 2. The project is not located within a specific plan area. Finding: Q. 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. Fact 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: R. 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. Fact in Support of Finding: 1. The two (2)-unit dwelling is consistent with the R-2 Zoning District which allows two (2) residential units on the property. Therefore, the Tentative Parcel Map for condominium purposes will not affect the City in meeting its regional housing need. Zoning Administrator Resolution No. ZA2021-050 Page 9 of 14 Finding: S. 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. Fact in Support of Finding: 1. The two (2)-unit dwelling is designed so that wastewater discharge into the existing sewer system complies with the Regional Water Quality Control Board (RWQCB) requirements. Finding: T. 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. Fact in Support of Finding: 1. The subject property is located within the Coastal Zone. A coastal development permit is requested in conjunction with the proposed tentative parcel map and condominium conversion application. The project complies with the certified Local Coastal Program (LCP) and public access and recreation policies of Chapter 3 of the Coastal Act. The Facts in Support of Findings U and V for the Coastal Development Permit (below) are hereby incorporated by reference. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: U. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Tentative Parcel Map is for two (2)-unit residential condominium purposes. The replacement of the kitchen with no additional square footage is exempt from Local Coastal Program requirements. The duplex conforms to all applicable development standards, including floor area limit, setbacks, height, and off-street parking. The proposed subdivision and improvements are consistent with the density of the R-2 Coastal Zoning District. Zoning Administrator Resolution No. ZA2021-050 Page 10 of 14 2. The property is located in an area known for the potential of seismic activity. All projects are required to comply with the California Building Code and Building Division standards and policies. 3. The Tentative Parcel Map is for a property that is over 700 feet from the harbor and is not near any natural landforms or environmentally sensitive areas. Finding: V. Conforms to the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The project site is not located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project is a tentative parcel map for two (2)-unit condominium purposes. The project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Approval of the parcel map will not affect public recreation, access or views. 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 Sections 15301 and 15315 under Class 1 (Existing Facilities) and Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, 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. CC2021-001, Tentative Parcel Map No. NP2021-006, and Coastal Development Permit No. CD2021-024, 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 or call for review is filed with the Director of Community Development in accordance with the provisions of NBMC Title 19 (Subdivisions) and Title 21 (Local Coastal Program Implementation Plan). Final action taken by the City on the coastal development permit may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title Zoning Administrator Resolution No. ZA2021-050 Page 11 of 14 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF SEPTEMBER, 2021. Zoning Administrator Resolution No. ZA2021-050 Page 12 of 14 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The building permit for the condominium conversion shall not receive final inspection until after recordation of the parcel map. 3. Prior to building permit final of the condominium conversion and the recordation of the Parcel Map, all Building Code safety violations identified in the special inspection shall be corrected with the appropriate building permits including but not limited to the following: provide all of the Building Code required GFCI outlets; upgrade the various handrails and guardrails to meet current Building Code; and remove or permit the second floor loft and related stairs in the rear unit . 4. 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 approval. 5. 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 Subdivisions and Title 21 of the NBMC. 6. 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 Brawner Residential Condominium including, but not limited to, Condominium Conversion No. CC2021-001, Tentative Parcel Map No. NP2021-006 and Coastal Development Permit No. CD2021-024 (PA2021-129). 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 Department 7. A Parcel Map shall be recorded. The map shall be prepared on the California coordinate system (North American Datum of 1983, NAD83). Prior to recordation of the map, the Zoning Administrator Resolution No. ZA2021-050 Page 13 of 14 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 Sections 7-9- 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivisions 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 (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. 9. All improvements shall be constructed as required by Ordinance and the Public Works Department. 10. All damaged sidewalk panels, curb, gutter, and street along the Acacia Avenue frontage and any damaged concrete alley panels along the alley property frontage shall be reconstructed as determined by the Public Works Department. 11. The existing street trees along Acacia Avenue shall be protected in place. 12. 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. 13. All existing overhead utilities shall be undergrounded. 14. No above ground improvements are permitted within the 5-foot alley setback area. 15. The decorative hardscape within the Acacia Avenue parkway frontage shall be removed. New sod or low groundcovers of the type approved by the City shall be planted throughout the Acacia Avenue parkway fronting the development site. 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 requirement. See City Standard 110-L. 18. All non-standard encroachments within the Acacia Avenue public-rights-of-way shall be removed, including but not limited to walkways and hardscape. 19. All on-site drainage shall comply with the latest City Water Quality requirements. 20. 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. Zoning Administrator Resolution No. ZA2021-050 Page 14 of 14 Building Division 21. Independent utility services shall be provided for each unit. 22. If fire sprinklers are required now or in the future, then independent fire risers shall be required for each unit. 23. All construction activities shall comply with the California Code of Regulations.