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HomeMy WebLinkAboutPA2022-0312_20230525_Resolution_ZA2023-034Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL May 26, 2023 Victor Solis 721 Heliotrope Avenue Newport Beach CA, 92652 solisconstruction@gmail.com Subject: PA2022-0312 721 & 721 ½ Heliotrope Ave Solis Residential Condominiums Dear Mr. Solis, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on May 25, 2023 and effective on June 6, 2023. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Following expiration of the appeal period, please proceed to submit subdivision maps (tract map, parcel map, lot line adjustment, or lot merger) and mylars for final map review to the Public Works Department. This process can take anywhere from several weeks to several months, so do not delay. During the Public Works review process, subdivision maps will be checked for compliance with conditions of approval, consistency with other maps in the area, Engineer signatures, and when ready, will be released directly to the Title Company for recordation at the County of Orange. You can submit maps to the County for their review concurrently with Public Works review of the map documents. Please contact Public Works directly at 949-644-3311 for submittal information and fees. Sincerely, CC/oo Tmplt:-04/15/2021 cc: Victor Solis 721 Heliotrope Avenue Newport Beach CA, 92652 solisconstruction@gmail.com Ana Maria Solis 721 Heliotrope Avenue Newport Beach CA, 92652 solisconstruction@gmail.com RESOLUTION NO. ZA2023-034 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP AND CONDOMINIUM CONVERSION PERMIT FOR AN EXISTING TWO (2)-UNIT RESIDENTIAL DUPLEX LOCATED AT 721 AND 721 ½ HELIOTROPE AVENUE (PA2022-0312) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by RDM Surveying (Amber Miedema), concerning the property located at 721 and 721 ½ Heliotrope Avenue, and legally described as Lot 21, Block 734, of the Corona del Mar Tract requesting approval of a tentative parcel map and condominium conversion permit for condominium purposes. 2. The Applicant requests a tentative parcel map and condominium conversion permit to convert an existing duplex that was constructed in 2012 to condominiums. No waivers of Title 19 (Subdivisions) are proposed. The Tentative Parcel Map and condominium conversion permit would allow each unit to be sold individually. 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; therefore, a coastal development permit is not required. 5. A public hearing was held on May 25, 2023, online via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the 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. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 under Class 15 (Minor Land Divisions) 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 Class 15 Exemption allows 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 project meets all identified criteria; therefore, it is eligible for the Class 15 Exemption. Zoning Administrator Resolution No. ZA2023-034 Page 2 of 12 10-18-21 SECTION 3. REQUIRED FINDINGS. Tentative Parcel Map In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC, the following findings and facts in support of such findings are set forth: 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 (2)-unit residential condominium purposes for an existing duplex that was constructed in 2012. The proposed subdivision and improvements are consistent with the density of the R-2 Zoning District and the RT General Plan Land Use category. 2. The subject property is not located within a 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 a duplex because it is relatively flat and rectangular. A duplex was constructed in 2012 and will remain on-site. The lot is 30-feet wide, 118-feet deep, and 3,540-square-feet in area. 2. The subject property is accessible from both Fifth Avenue and the alley in the rear. 3. The site is adequately served by existing utilities, as it is an existing duplex and there is no proposed change in density. 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. Zoning Administrator Resolution No. ZA2023-034 Page 3 of 12 10-18-21 Facts in Support of Finding: 1. The property is located within a developed residential neighborhood that does not contain any sensitive vegetation or habitat on-site. 2. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines. Finding: D. 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 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 NBMC Section 19.28.010 (General Improvement Requirements) 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. Fact in Support of Finding: 1. The Public Works Department has reviewed the proposed Tentative Parcel Map and determined that 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 existing development because no public easements are located on the property. Zoning Administrator Resolution No. ZA2023-034 Page 4 of 12 10-18-21 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 the R-2 Zoning District, which is intended for and 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. 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: 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. Any future improvements will be subject to Title 24 of the California Building Code (CBC) that requires new construction meet minimum heating and cooling efficiency standards depending on location and climate. The City’s Building Division enforces Title 24 compliance through the plan check and inspection process. The existing duplex was constructed in 2012 in compliance with the heating and cooling design requirements required at that time. Any future construction would be subject to current CBC requirements. Zoning Administrator Resolution No. ZA2023-034 Page 5 of 12 10-18-21 2. The Building Division has reviewed the project and have found it to be acceptable. Pursuant to Section 66473.1(d) and 66475.3(5) of the Subdivision Map Act, condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added are exempt from the requirements of this section. Finding: I. 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 existing duplex is consistent with the R-2 Zoning District, which allows up to two (2) residential units on the property. Therefore, the Tentative Parcel Map for residential condominium purposes will not affect the City in meeting its regional housing needs. 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. Fact in Support of Finding: 1. The project wastewater is designed to discharge into the existing sewer system and 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 3 of the Coastal Act. Fact in Support of Finding: 1. The subject property is not within the Coastal Zone. Zoning Administrator Resolution No. ZA2023-034 Page 6 of 12 10-18-21 Condominium Conversion In accordance with Section 19.64.070 (Standards for Condominium Conversions) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding L. The minimum number, and the design and location of off-street parking spaces shall be provided in conformance with the provisions of the NBMC in effect at the time of approval of the conversion. Facts in Support of Finding 1. The existing duplex provides one, two (2)-car garage and two (2) covered spaces, for a total of four (4) spaces (one covered and one garage space per unit). 2. The four (4) spaces provided meet the number (2 per unit), design (17 feet 6 inches by 19 feet), and location of parking spaces required per Chapter 20.40 (Off-Street Parking) of the Zoning Ordinance. Finding M. Each dwelling unit within a building shall have a separate sewer connection to the City sewer. Fact in Support of Finding 1. The existing duplex was constructed with two separate sewer connections to the City sewer. Finding N. Each sewer lateral shall be retrofitted/fitted with a cleanout at the property line. Fact in Support of Finding 1. As conditioned, the project will comply with this requirement prior to recordation of the final parcel map. The property will be retrofitted with a cleanout at the property line. Finding O. Each unit shall maintain a separate water meter and water meter connection. Zoning Administrator Resolution No. ZA2023-034 Page 7 of 12 10-18-21 Fact in Support of Finding 1. As conditioned, the project will comply with this requirement prior to recordation of the final parcel map. P. 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 duplex was constructed with electrical service connections in compliance with the requirements of Chapter 15.32. Finding Q. 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. Pursuant to Section 19.64.070 (F) of the NBMC, a special inspection was completed by the Building Inspector on May 16, 2023, for the purpose of identifying any building safety violations. No safety violations were observed, and the building inspection was approved by the Building Inspector on May 16, 2023. Finding R. 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 S. 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 Zoning Administrator Resolution No. ZA2023-034 Page 8 of 12 10-18-21 General Plan which restricts the conversion of rental units to condominiums in developments containing 15 or more units does not apply. 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. Finding T. 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 use of the property will continue to be used for two-unit residential purposes and there is no evidence suggesting the use has been detrimental to the neighborhood or the general welfare of the City. 2. The proposed project is to convert an existing duplex into two condominiums on property located within the R-2 zoning district. 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 15315 under Class 15 (Minor Land Divisions) 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 the Tentative Parcel Map and Condominium Conversion (PA2022-0312), 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 10 days after the adoption of this Resolution 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). Zoning Administrator Resolution No. ZA2023-034 Page 9 of 12 10-18-21 PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF MAY 2023. Zoning Administrator Resolution No. ZA2023-034 Page 10 of 12 10-18-21 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. After the recordation of the Parcel Map, the Applicant shall apply for a building permit for a description change of the subject project development from “duplex” to “condominium.” The development will not be condominiums until this description change permit is final. 3. Two-car parking, including one enclosed garage space and one covered or enclosed parking space, shall be provided on site for each dwelling unit pursuant to Section 20.40.040 of the NBMC. All parking spaces shall be maintained clear of obstructions for the parking of vehicles at all times. 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 Tentative Parcel map. 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) 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 Solis Residential Condominiums including, but not limited to Tentative Parcel Map and Condominium Conversion (PA2022-0312). 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. Zoning Administrator Resolution No. ZA2023-034 Page 11 of 12 10-18-21 Public Works Department 7. Prior to the issuance of a description change permit, a Parcel Map shall be recorded. The Map shall be prepared on the California Coordinate System (North American Datum of 1983, NAD83). Before the 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 the 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, Sub-article 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. An encroachment permit shall be required for all work activities within the public right- of-way. 11. Prior to recordation of the parcel map, the Applicant/Owner shall reconstruct the existing broken and/or otherwise damaged concrete curb and gutter along the Heliotrope Avenue frontage and Fifth Avenue frontage and alley panels along the alley frontage per City Standard. 12. The Applicant/Owner shall remove all private encroachments within the street rights-of- way along the project frontages that do not comply with City Council Policy L-6, including but not limited to, loose gravel. Obtain an encroachment agreement for all private improvements that comply with City Council Policy L-6, including but not limited to decorative walkways and artificial turf. 13. Each unit shall be served by its individual water service/meter and sewer lateral/cleanout. Each water meter and sewer cleanout shall be installed with a traffic- grade box and cover. 14. All existing overhead utilities shall be undergrounded. 15. Prior to recordation of the parcel map, the Applicant/Owner shall install a new 36-inch box street tree along the Heliotrope Avenue and two 36-inch box trees along the Fifth Avenue frontages. Zoning Administrator Resolution No. ZA2023-034 Page 12 of 12 10-18-21 16. Prior to recordation of the parcel map, the Owner shall dedicate a 10-foot radius corner cut-off for street purposes at the corner of Heliotrope Avenue and Fifth Avenue. All private improvements within the dedication area shall be removed. 17. Prior to the recordation of the parcel map, the Owner shall install an accessible compliant curb ramp at the Heliotrope Avenue and Fifth Avenue intersection. 18. All improvements shall comply with the City’s sight distance requirement pursuant to City Standard Design 110. 19. In case of damage done to public improvements surrounding the development site by private construction, additional reconstruction within the public right-of-way shall be required at the discretion of the Public Works Inspector.