CITY OF LONG BEACH DEPARTMENT OF DEVELOPMENT SERVICES. Perfecto A. Aroa 500 Carson Plaza Drive, Unit 201 Carson, CA (Application No.

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1 AGENDA ITEM No.2 CITY OF LONG BEACH DEPARTMENT OF DEVELOPMENT SERVICES 333 West Ocean Blvo., s" Floor Long Beach, CA (562) FAX (562) January 15, 2009 CHAIR AND PLAl\Jl\JjNG COMMISSIONERS City of Long Beach California RECOMMENDATION: Approve a Tentative Parcel Map and Local Coastal Development Permit request to convert two units currently under construction into for-sale condominiums iocated at 227 La Verne Avenue. (District 3) APPLlCAI\JT: Perfecto A. Aroa 500 Carson Plaza Drive, Unit 201 Carson, CA (Application No ) DISCUSSION The subject site is located on the west side of La Verne Avenue, north of 2 nd Street (Exhibit A Location Map). The site has a zoning designation of R-2-S (Two-Family Residential District) and allows for the placement of one unit for every 1,200 square feet of lot area. The subject parcel is 3,360 square feet in area and a total of two units are allowed. The applicant is requesting approval of a Tentative Parcel Map to convert a two-unit apartment into condominiums. The building consists of two 2-bedroom units, and two 2-car garages (Exhibit B - Site plan) Staff prepared findings (Exhibit C -Tentative Map and Local Coastal Development Permit Findings) that support the proposed subdivision. It complies with the requirements for a condominium and the density is consistent with the General Plan designation. Condominium conversion requests may be granted only when the proposed request is consistent with the requirements of the Subdivision regulations, and when adequate provisions are made for the long-term maintenance of the structure. With a condition requiring the creation of CC&R's, staff believes that adequate provision for the long-term maintenance of the building can be achieved (Exhibit D - Conditions of Approval). This coupled with the fact that the building is new will ensure that a sufficient period of time should have passed and an ample amount of homeowner fees collected to manage problems when they do occur. Finally, staff believes that the request should be approved, as the subdivision will provide additional home ownership opportunities.

2 CHAIR AND PLANNING COMMISSIONERS January 15, 2009 Page 2 of 2 PUBLIC HEARING NOTICE Public hearing notices were distributed on December 29,2008 and no responses were received. ENVIRONMENTAL REVIEW In accordance with the Guidelines for Implementation of the California Environmental Quality Act, a Categorical Exemption (CE ) was issued for the proposed project (Exhibit E). C.i.---..,,- CRAIG BECK DiRECTOR OF DEVELOPMENT SERVICES CB:DB:sv Attachments Exhibit A - Location Map Exhibit B - Site Plan Exhibit C - Tentative Map Findings Exhibit 0 - Conditions of Approval Exhibit E - Categorical Exemption

3 . ~ N Scale =1:2,500 Dept. of Developm ent Services Planning Bureau I SK

4 EXHIBIT C TENATIVE PARCEL MAP FINDINCi~ Case No Date: January 15, 2009 Pursuant to Chapter 21.25, Division V of the Long Beach municipal Code, the City Planning Commission shall not approve a Tentative Parcel Map unless positive findings are made consistent with the criteria set fourth in the Tentative Map regulations. FINDINGS FOR TENTATIVE MAP A. THAT THE PROPOSED MAP IS CONSISTENT WITH APPLICABLE GENERAL AND SPECIFIC PLANS; The Genera! Plan states: "A proposed subdivision is 'consistent' when the proposed use and density of development are within the guidelines set forth herein for that property. Subdivisions of airspace for condominium conversion of the already-erected building shall not be 'consistent' if the density of development exceeds that which is permitted by this Land Use Element, unless the City Planning Commission makes a finding that the proposed conversion is in the best interest of the involved neighborhood and the City as a whole. " The General Plan Land Use Designation (LUD) for the subject site is LUD No. 2 Mixed Style Homes. The General Plan states that the purpose of LUD NO.2 is to maintain the present situation, not to attempt to convert the areas to a singlefamily density, or to permit the areas to advance in density to that of the densest housing prevalent in the district. The maximum permitted density for LUD NO.2 is fourteen (14) dwelling units per acre, whereas the existing.07-acre site accommodates approximately two (2) dwelling units per acre and is consistent with density requirements in the LUD No. 2 since two units currently under construction were approved onsite. The Housing Element of the General Plan states that one of the City's goals is to provide increased opportunities for home ownership. The Element also addresses the importance of home ownership over absentee ownership, as absentee ownership may result in a decline in both home maintenance and concern for neighborhood character. Approval of the Parcel Map will allow the individual sale of two (2) residential condominium units on a single lot. B. THAT THE DESIGN OR IMPROVEMENT OF THE PROPOSED SUBDIVISION IS CONSISTENT WITH APPLICABLE GENERAL AND SPECIFIC PLANS; The proposed subdivision is consistent with Land Use District No.2, Mixed Style Home District. It is also consistent with the City's Strategic Plan, which promotes

5 Tentative Map Findings Case No January 8,2009 Page 2 the availability of housing and home ownership in Long Beach, as well as with the subdivision ordinance. Since the proposed subdivision will be a condominium map, no physical change to the development on-site will occur as a result of the map. Therefore, the design and improvement of the subdivision is consistent with the General Plan and other applicable plans. C. THAT THE SITE IS PHYSICALLY SUITABLE FOR THE TYPE OF DEVELOPMENT; The project site is fully developed with a multifamily residential project. MUltifamily residential is an appropriate type of development at this site, given surrounding development patterns and the intent of Zoning Regulations and the General Plan, as described in Section A of these Findings. D. THAT THE SITE IS PHYSICALLY SUITED FOR THE PROPOSED DENSITY OF DEVELOPMENT; The project site is currently under construction as a duplex apartment building containing two dwelling units and four garage parking spaces. Subdivision regulations require a minimum of one (1) parking space for everyone (1) bedroom or less dwelling unit and one and a quarter (1.25) parking spaces for each two (2) bedroom or more dwelling unit for the conversion of a residential rental project to residential ownership. With two, two (2) bedroom units, the condominium conversion standards would require a minimum of 1.25 parking spaces per unit, or a total of three (3) parking spaces. There are a total of four garage parking spaces. This allows two garage spaces allocated to each two (2) bedroom units. Staff believes this parking arrangement adequately satisfies the demand of the proposed condominium project. E. THAT THE DESIGN OF THE SUBDIVISION OR PROPOSED IMPROVEMENTS ARE NOT LIKELY TO CAUSE SUBSTANTIAL ENVIRONMENTAL DAMAGE OR SUBSTANTIAL AND AVOIDABLE INJURY TO FISH AND WILDLIFE OR THEIR HABITAT; No development will occur as a result of the proposed Parcel Map. No fish or wildlife habitat exists on the site or in the near vicinity, therefore no significant adverse environmental impacts will occur as a result of the proposed Parcel Map. E. THAT THE DESIGN OF THE SUBDIVISION OR THE TYPE OF IMPROVEMENTS ARE NOT LIKELY TO CAUSE SERIOUS PUBLIC HEALTH OR SAFETY PROBLEMS; AND

6 Tentative Map Findings Case l\jo January 8, 2009 Page 3 No impacts detrimental to the general welfare of the public are foreseen from the approval of a Parcel Map to allow the conversion of two (2) residences to be sold individually as condominiums. F. 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. All concerned City departments have reviewed the Parcel Map and it has been found that the proposed design and improvements of the site will not conflict with public access easements. There are no easements required by the public at large for access through, or for the use of the property. CONDOMINIUM CONVERSION FINDINGS Pursuant to Section of the Long Beach Municipal Code the conversion of all projects for which buildings permits were issued after August 4, 1978, shall be consistent with the General Plan. The Planning Commission or City Council on appeal, may waive consistency with the General Plan if it finds that adequate provisions are made for the long-term maintenance of the building and determines that the conversion is in the best interest of the involved neighborhood and City a as whole. A. Adequate provisions are made for the long-term maintenance of the building The Department of Real Estate requires a monthly association fee to provide for the maintenance of the building and this fee is calculated using such factors as the age and condition of building. In addition, a Condition of Approval has been included that requires the applicant to provide language in the C, C & R's stating that the individual homeowners shall be jointly liable and responsible for any costs of corrections due to building or property maintenance code enforcement actions. Based upon the analysis presented above, positive findings can be made; thus, staff is recommending approval of the proposed condominium conversion.

7 LOCAL COASTAL DEVELOPMENT PERMIT FINDINGS Case No Date: January 15, THE PROPOSED DEVELOPMENT CONFORMS TO THE CERTIFIED LOCAL COASTAL PROGRAM INCLUDING BUT NOT LIMITED TO ALL REQUIREMENTS FOR REPLACEMENT OF LOW AND MODERATE-INCOME HOUSING; AND A positive finding can be made for this item. The proposed project will provide two upscale condominium units with amenities in an attractively designed building, designed to provide public access and circulation through and around the site. This development will enhance and contribute to the development of the area and meet the goais and objectives of the coastai pian. 2. THE PROPOSED DEVELOPMENT CONFORMS TO THE PUBLIC ACCESS AND RECREATION POLICIES OF CHAPTER 3 OF THE COASTAL ACT. A positive finding can be made for this item. Chapter 3 of the Coastal Act deals with the public's right to use of beach and water resources for recreational purposes. The chapter provides the basis for stat and local governments to require beach access dedicated and to prohibit development, which restricts public access to the beach and/or water resources. The proposed condominium project is located north of the nearest public highwayshoreline drive and will not impact or impede visual and physical access to the coast and will conform to all zoning regulations.

8 EXHIBIT D TENTATIVE PARCEL MAP No CONDITIONS OF APPROVAL Case No Date: January 15, The Final Map is to be prepared in accordance with the approved Tentative Tract Map and shall be filed within thirty-six (36) months from the date of approval by the Planning Commission of the Tentative Map, unless prior to expiration of the thirty-six month period, the Planning Bureau receives a written request from the subdivider for an extension of time, which receives approval from the Zoning Officer. 2. The Final Map shall be prepared to conform to all conditions, exceptions and requirements of Title 20 (Subdivision Ordinance) of the City of Long Beach, uniess specified otherwise herein. 3. Prior to approval of the Final Map, the subdivider shall deposit sufficient funds with the City to cover the cost of processing the Final Map through the Department of Public Works. Furthermore, the subdivider shall pay the Planning processing fees for the Final Map. 4. All County property taxes and all outstanding special assessments shall be paid in full prior to approval of the Final Map. 5. All required off-site street improvements shall be financially provided for to the satisfaction of the Director of Public Works prior to approval of the Final Map or issuance of a building permit, whichever occurs first. 6. Site development, including landscaping, shall conform to the approved plans on file in the Department of Development Services. At least one set of approved plans containing Planning, Building, Fire, and, if applicable, Redevelopment and Health Department stamps, shall be maintained at the job site at all times for reference purposes during construction and final inspection. 7. Approval of this development project is expressly conditioned upon payment (prior to building permit issuance or prior to Certificate of Occupancy, as specified in the applicable Ordinance or Resolution for the specific fee) of impact fees, connection fees, and other similar fees based upon additional facilities needed to accommodate new development at established City service level standards, including, but not limited to, sewer capacity charges, Park Fees, Transportation Impact Fees and Housing Trust Fund fees, if applicable. 8. The Director of Development Services is authorized to make minor modifications to the approved design plans or to any of the Conditions of

9 Tentative Tract Map No Conditions of Approval App. No January 15, 2009 Page 2 Approval if such modifications shall not significantly change/alter the approved design/project and if no detrimental effects to neighboring properties are caused by said modifications. The Zoning Administrator or Planning Commission shall review any major modifications, respectively. Special Conditions: 9. An enclosed and secured block wall trash enclosure stuccoed painted to match the new duplex shall be provided to enclose trash and recycling bins at the alley. The enclosure shall include a wood fence access doorway at the alley. 10. All dilapidated property line walls shall be replaced with a 6'6" decorative block wall, and wood entrance gate. All entrances shall be secured with a lock Of a locked security entrance. 11. All fences and gates constructed as part of this project shall provide the required six-feet (6') corner cut-off visibility areas as required by Section Figure 15-4 of the Zoning Ordinance. Wrought iron ortubular steel fence material shall be used to provide the required visibility if a triangular fence cut-off is not employed. Chain link fence material shall not be used 12. The applicant shall provide the following to the satisfaction of the Director of Public Works: a. The final map shall be based upon criteria established by the Director of Public Works. b. Prior to final map approval, the Subdivider shall obtain utilityclearance letters for any public entity or public utility holding any interest in the subdivision as required by the Subdivision Map Act. c. All required facilities required by the Department of Public Works not in place and accepted prior to final map approval must be guaranteed by instrument of credit or bond to the satisfaction of the Director of Public Works. d. The Subdiv ider shall construct all off-site improvements needed to provide full ADA access ibility compliance within the adjacent public right-of-way to the satisfaction of the Director of Public Works. If a dedication of additional right-of-way is necessary to satisfy ADA requirements, the right-of-way dedication way shall be provided. e. The Subdivider shall be responsible for the maintenance, repair and replacement of off-site improvements abutting the project boundary during construction of the onsite improvements until final inspection of the on-site improvements by the City. Any such off-site improvements found damaged by the construction of the on-site improvements shall be repaired or replaced by the Subdivider to the satisfaction of the Director of Public Works. f. The Developer shall repair deteriorated, uplifted, or depressed sections of sidewalk along the perimeter of the project site. Sidewalk improvements shall be constructed with Portland cement concrete to the satisfaction of the Director of Public Works.

10 Tentative Tract Map No Conditions of Approval App. No January 15, 2009 Page 3 g. The subdivider shall reconstruct sidewalk and curb along La Verne Avenue adjacent to the project site. Sidewalk improvements shall be constructed with Portland cement concrete to the satisfaction of the Director of Public Works. h. The subdivider shall provide for the resetting to grade of existing manholes, pullboxes, and meters in conjunction with the required off-site improvements to the satisfaction of the Director of Public Works. i. The Subdivider shall salvage and reinstall all traffic signs that require temporary removal to accommodate new construction within the public right-of-way. All traffic signs shall be reinstalled to the satisfaction of the City Traffic Engineer. j. The Subdivider shall replace all traffic signs and mounting poles damaged or misplaced as result of construction activities to the satisfaction of the City Traffic Engineer. k. The Subdivider shall contact the Traffic & Transportation Bureau, at (562) , to modify the existing curb maiking zones, adjacent to the project site. 13. The applicant shall cause to be prepared C,C,&Rs for this project. A copy of the C,C,&Rs are to be provided to the Director of Planning and Building for approval prior to transmittal to the California Department of Real Estate or recordation with the County Recorder. The C,C,&Rs shall be executed and recorded against the title of the parcel and shall contain the following provisions, which shall also be noted on the Final Map: a. The subject condominium project consists of two (2) residential units; b. A minimum of four (4) garage parking spaces shall be permanently maintained as parking facilities for the project. The spaces shall be permanently assigned to a specific unit and labeled thusly. Parking spaces must be used solely for the parking of personal vehicles. Parking spaces may not be leased, subleased, sold, or given to others not a resident(s) of the condominium unit within the development; c. A clear, detailed and concise written description of the common areas and facilities of the condominiums shall be provided, including a parking assignment plan; d. The Homeowners' Association shall be responsible for the operation and maintenance of the private sewer connection to the public sewer in the public right-of-way, the site drainage system, the maintenance of the common areas and facilities, the exterior of the building, the abutting street trees, public right-of-way, and any costs or corrections due to building or property maintenance code enforcement actions. Such responsibilities shall be provided for in the C,C,&Rs; e. Graffiti removal shall be the responsibility of the Homeowner's Association. Graffiti shall be removed within 24 hours of its discovery; f. The Subdivider and successors shall be responsible for the maintenance of the site drainage system and for the operation and maintenance of the

11 Tentative Tract Map No Conditions of Approval App. No January 15, 2009 Page 4 private sewer connection to the public sewer in the abutting public right-ofway, and for the maintenance of the sidewalk, parkway, street trees and other landscaping, including irrigation, within and along the adjacent public right-of-way. Such responsibilities shall be enumerated and specified in the project "Conditions, Covenants and Restrictions", and a recorded copy of said document shall be provided to the Director of Development Services. 14. The applicant shall file a separate plan check submittal to the Long Beach Fire Department for review and approval prior to the issuance of a building permit. 15. Prior to the issuance of a building permit, the applicant shall submit architectural, landscaping and lighting drawings for the review and approval of the Police Department for their determination of compliance with Police Department security recommendations. For more information, contact the Long Beach Police Department at (562) The applicant shall provide the following to the satisfaction of the Long Beach Gas and Oil Department:. a. The address of each unit shall be displayed appropriately. b. Each house line shall have a brass tag stamped with the unit address number. c. The applicant shall ensure that all vertical and horizontal clearances are met (electrical, cable, vents, windows). d. Meters shall not be visible or accessible from the public right-of-way. e. All gas facilities shall meet the current standards of the Long Beach Gas and Oil Department. 17. All structures shall conform to the Long Beach Building Code requirements. Notwithstanding this subject permit, all other required permits from the Building Bureau must be secured. 18. A separate building permit shall be secured from the Building Bureau for a change of occupancy for the conversion of apartments to condominiums. 19. Separate building permits shall be required for signs, fences, retaining walls, trash enclosures, flagpoles, pole-mounted yard lighting foundations, and planters. 20. Separate electrical and plumbing permits shall be required for conversion of three (3) or more units to condominiums. 21. Per Section of the Long Beach Municipal Code, all required yards and setback areas shall be attractively landscaped primarily with live plant material. All landscaped and paved areas shall be maintained in a neat and orderly condition with healthy landscaping free of weeds and litter. The

12 Tentative Tract Map No Conditions of Approval App. No January 15, 2009 Page 5 subdivider shall replace all existing dying and dead landscaping on the subject property to the satisfaction of the Director of Development Services prior to approval of the Final Map. 22. Prior to approval of the Final Map, the applicant shall provide clearance letters from all applicable City departments and other government agencies stating that requirements for condominium conversion have been met. 23. The applicant shall defend, indemnify, and hold harmless the City of Long Beach, its agents, officers, and employees from any claim, action, or proceeding against the City of Long Beach or its agents, officers, or employees brought to attack, set aside, void, or annul an approval of the City of Long Beach, its advisory agencies, commissions, or legislative body concerning this project. The City of Long Beach will promptly notify the ~nnlil"ot.::lnt f"'\f I:::ln\' C'lll"'\h claim action o... _..."""""',.J:...g n_",: "" the,-..:+". -~ I -- u.t-'i'",'vu.1 n VI U Y.;:Iuvll vi 11", llv" VI tjl V '-,\;:;t;;u II I a~alll"l lit;; \..IllY VI LVIIY Beach and will cooperate fully in the defense. If the City of Long Beach fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Long Beach.

13 EXHIBIT E CITY OF LONG BEACH NOTICE OF Ex Long Beach Development Services 333 W. Ocean Blvd., s" Floor, Long Beach, CA Information: (562) Fax: (562) TO: _ Office of Planning & Research FROM: Long Beach Development Services 1400 Tenth Street, Room W. Ocean Blvd, 5 th Floor Sacramento, CA Long Beach, CA L L.A. County Clerk Environmental Fillings E. Imperial Hwy. 2 nd Floor, Room 2001 Norwalk, CA Project Location/Address: 227 LA VERNE AVE., LONG BEACH. CA ProjectiActivity Description : 1 ENTATIVE PARCEL MAP NO, Cq,oVJJ I"' 2-uY\\r~ \>3 \0 j'?o SI!k lrv'f\ -/' L C C>0.(\O S. Public Agency Approving Project: City of Long Beach, Los Angeles County, California Applicant Name : PERFECTO A. ARCA. P.E. Mailing Address: 500 E. CARSON PLAZA DR. SUITE Phone Number : Applicant Signature: -~~7;9~~~~===::~~...-c=2s:;;;;&:c:::::.c::=- (TO BE COMPLETED BY CITY STAFF ONLY) ';\/ Case Number: ----"''-''-...:...:..._ Dfr' l t -~ Planner's Initials: _ Required Permits : ~-1\\\ v-e ~ f> THE ABOVE PROJECT HAD BEEN FOUND TO BE EXEMPT FROM CEQA IN ACCORDANCE WITH STATE GUIDELINES SECTION 15'3 0.:3. I\..Jev) CP...,rr" ),:.:\"v:r" Of CM,.W,V~J VV' Statement of support for this finding : A Cv-fl,, ~ '1"ij\"'.AI_:I~..r f\() jy\ i'jtq :\ -~ "\ fc.jiil. U(l'IT~ <A'R..- C~ ~.,.~ fr <?''"''''1[5' ~ Signature: Contact Phone: -:!:i/z--s -i) -(i }~n I Date: -:Vv'I 2.,?0G9 Rev/sed February 2008