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HomeMy WebLinkAbout1687 - APPROVE CC AND NEWPORT TRACT MAP AND MD_801 DOMINGO DRIVERESOLUTION NO. 1687 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDOMINIUM CONVERSION NO. 2005 -005, NEWPORT TRACT MAP NO. 2005 -002 AND MODIFICATION PERMIT NO. 2006 -018 FOR PROPERTY LOCATED AT 801 DOMINGO DRIVE (PA2006 -110). WHEREAS, an application was filed by Cushman and Associates, representing JS Residential, L.P., the property owner, requesting to convert an existing 6 -unit apartment building located at 801 Domingo Drive to condominiums for the purpose of individual sale. Pursuant to the Municipal Code, the request requires the approval of a Condominium Conversion Permit, Tentative Tract Map and a Modification Permit for planned improvements that would be located within required setback areas. WHEREAS, A public hearing was held on February 23, 2006 at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the meeting was given in .accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at the meeting. WHEREAS, the Land Use Element of the General Plan designates the Jite as Multi- family Residential and the site is zoned MFR (Multi - Family Residential). These designations permit multi - family residences. WHEREAS, the project is consistent with Chapter 19.64 (Conversion of Rental Units to Ownership) for the following reasons: 1. The project was originally required to provide 2 parking spaces for each unit, which meets the minimum number required to be eligible for conversion. 2. The building was not constructed with separate sewer connections and separation of the sewer lines is required as a condition of approval. Each lateral shall be fitted with proper cleanouts at the property line. City of Newport Beach Planning Commission Resolution No. Page 2 of 12 3. The project has been conditioned to provide separate water meters and water connections. 4. The project has been conditioned to separate electrical meters with undergrounded connections. 5. An inspection of the building was conducted by the Building Department for the purpose of determining compliance with applicable codes in effect at the time of conversion, and all deficiencies are required to be eliminated prior to the approval of the final tract map. 6. Permanent lot stakes and/or tags shall be installed at all lot corners by a licensed land surveyor or civil engineer. A corner record or record of survey shall be recorded in accordance with applicable laws. 7. The General Plan does not include any specific goals for the dispersion of rental housing within the area and the conversion from rental to ownership will reduce the number of rental opportunities in the area; however the elimination of 6 rental units will not create a detrimental impact to housing opportunities in the area or City, as 6 units represents a very small fraction of the City's supply of rental housing (estimated to be approximately 14,000 units). 8. The establishment, maintenance or operation of the proposed 6 -unit condominium project will 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 for the following reasons: a. The proposed conversion will not create any substantial construction - related disruption other than to separate the existing sewer connections, underground the existing electrical service, and complete the minor addition to the garage structure. b. Construction - related work will be temporary in nature and the long -term operation of the site will not change from current conditions. c. The proposed project meets or is conditioned to meet all applicable standards for the conversion of rental housing to ownership. d. The proposed 6 -unit condominium is consistent with the Multi - Family Residential designation of the Land Use Element of the General Plan. City of Newport Beach Planning Commission Resolution No. Page 3 of 12 e. Associated with the conversion is an interior and exterior renovation and enhancement plan that will improve the livability and aesthetics of the project site to the benefit of the property and the neighborhood. WHEREAS, the tentative tract map is consistent with Title 19 and the Subdivision Map Act for the following reasons: 1. The site is designated Multi - Family Residential by the Land Use Element and no change in use or density is proposed. Apartments or condominiums are expected to be located within this designation. The Multi - Family Residential designation does not have a density standard and the Estimated Growth Table contained within the Land Use Element for Statistical Area K2 accounts for the 6 existing units. 2. Land Use Element Policy G and the Housing Element Policy 2.1, Program 2.1.1 indicate that conversions must be `restricted" unless the vacancy rate is below 5 %. Subdivision Code Section 19.64.060.D implements these policies by stating that a conversion project containing 15 or more units shall be disapproved when the vacancy rate is equal to or less than 5 %. However, with the current project being less than 15 units, the vacancy rate is not relevant to compliance with Subdivision Code. For these reasons, the subdivision is consistent with Policy G and the Housing Element Policy 2.1, Program 2.1.1 and Subdivision Code Section 19.64.060.D. 3. The project site is currently developed with a 6 -unit, residential development and the proposed tract map is for condominium purposes only. The site is designated for multi - family residential use by the General Plan. The site presently has no known environmental resources that would be affected by the physical upgrades to the site required to convert the apartments to individual ownership. The subdivision will not likely create significant environmental impacts due to the limited physical changes proposed and the fact that the site has no environmental resource value. The site has been developed with the 6 -unit complex since 1965, and due to these factors, the site is suitable for the type and density of development proposed. 4. The existing residential structure is permitted by local ordinance and the General Plan. No evidence is known to exist that would indicate that the proposed subdivision pattern will generate any serious public health problems. 5. No public easements for access through or use of the property have been retained for the use by the public at large. City of Newport Beach Planning Commission Resolution No. Page 4 of 12 6. Pursuant Section 66412.3 of the Subdivision Map Act, the City's share of the regional housing needs was considered in conjunction with the proposed subdivision and the approval of the condominium conversion will not eliminate housing nor will it create any new housing units. The elimination of 6 rental units in exchange for 6 home ownership opportunities will not create a detrimental impact to housing opportunities in the City as the conversion of rental housing in the Domingo Drive area comprises less than 3% of the rental housing in the area. 7. The discharge of waste from the proposed subdivision into the existing sewer system will not create or add to a violation of Regional Water Quality Control Board requirements as approval of the subdivision will not increase the number of residential units and the units will continue to discharge waste into the sewer system at existing rates. WHEREAS, the proposed Modification Permit for setback encroachments and substandard garage widths, has been prepared and approved, in accordance with Chapter 20.93 (Modification Permits) for the Newport beach Municipal Code, for the following reasons: 1. The Modification Permit is necessary due to practical difficulties associated with the property and strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code because: a. The granting of the application is necessary due to the location of the existing buildings within setbacks such that the strict application of the setback standards would result in the inability to include the proposed improvements in a manner proposed by the applicant to improve the overall aesthetics of the site. b. The aesthetics of the existing structure is poor and any kind of significant architectural enhancement would require some consideration of additional encroachments. Enhancement of the exterior of the buildings is consistent with the general intent and purpose of the Zoning Code which is to promote and protect the general welfare of the City and to provide high quality housing compatible with community standards. c. The elimination of the motorcourt through the expansion of the garage and reconfiguration of the parking spaces is necessary for the project to maximize the number of the on -site parking spaces. A continued 5 -inch encroachment of the garage and carport structure into the northerly side yard setback is required in order to facilitate the reconfiguration. City of Newport Beach Planning Commission Resolution No. Page 5 of 12 d. The benefits of providing each of the future owners with a secure, independently accessible garage space, outweighs the impact created by allowing a 3 -inch reduction in width of two garage spaces. The 9 -foot wide parking spaces are useful to park vehicles and the reduction in width should not reduce their usage. e. The existing apartment complex did not include a trash enclosure, and given the overall width of the parking structure along the rear of the property, an encroachment into the side yard setback is necessary in order to accommodate a trash enclosure at the alley where trash pick up is appropriate. 2. The requested modification will be compatible with the existing development in the neighborhood because: a. The proposed encroachments in general are consistent with setbacks in the area where existing buildings routinely encroach within front and side yard setbacks. The properties directly adjacent have similar carportlgarage encroachments. b. The proposed exterior improvements are similar in nature to other projects which have been previously approved and associated with condominium conversions. The proposed architectural encroachments are designed to modernize and enhance the aesthetics of a structure that may remain in perpetuity once converted in condominiums. c. The width of two proposed 9 -foot garage spaces are adequate to accommodate vehicles and will permit the project to provide at least one garage space per unit, thereby providing a better parking situation. d. The proposed trash enclosure will provide a screen for the projects trash bins and provide a safe and convenient location for the use, which will not only be compatible with the surrounding development, but actually improve the aesthetics of the alley and community by eliminating trash storage within the carports or garages, which could reduce their use for parking. Other locations within the property that could potentially accommodate the trash enclosure have been identified by the Refuse Superintendent as problematic in regards to trash pick up due to location and use. 3. The granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood because: a. The minor architectural improvements proposed to encroach an additional 6- inches beyond the existing nonconforming setbacks are minimal in nature and City of Newport Beach Planning Commission Resolution No. Page 6 of 12 serve only as architectural features to enhance and modernize the aesthetics of the building and site. b. The proposed garage and trash enclosure encroachments within the northerly side yard setback are not located in such a way as to block vehicle sight distance, impinge on public walkways, or impede public safety access. c. The encroachments should not prove detrimental to the immediate neighbors as light, air and access will remain. d. The requested reduction for the two 9 -foot garage widths will not render the spaces unusable for the parking of vehicles. e. The applicant has worked with staff, specifically with the Refuse Superintendent, in designing an appropriate trash enclosure that will benefit the future residents of the project, as well as address the trash problems that exist in that alley. Providing a trash enclosure to serve the proposed condominium project will actually enhance and improve the health and safety of persons residing in the neighborhood. Additionally, a condition of approval has been included to require the planting of vines within the landscape buffer between the trash enclosure and the sidewalk to help soften the visual encroachment of the enclosure. WHEREAS, the project is exempt from environmental review pursuant to Section 15301 (Existing Facilities) of the implementing Guidelines of the California Environmental Quality Act. This exemption allows the alteration of existing facilities including interior and exterior alterations and utility conveyances provided there is no expansion of the use. The project consists of the conversion of an existing 6 -unit apartment building to condominiums while renovating both the interior and exterior of the developed site with no expansion in the number of units is proposed. THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Condominium Conversion No. 2005 -005 Newport Tract Map No. 2005- 002 and Modification Permit No. 2006 -018 subject to the conditions of approval set forth in Exhibit "A ". City of Newport Beach Planning Commission Resolution No. Page 7 of 12 Section 2. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. ADOPTED THIS 23rd DAY OF FEBRUARY 2006. AYES: Eaton, Hawkins, Cole, Toerge Tucker, McDaniel and Henn NOES: None ABSENT: None BY: Michael Tod e, airman BY: Barry EatV, 8ecretary City of Newport Beach Planning Commission Resolution No. Page 8 of 12 Exhibit "A" CONDITIONS OF APPROVAL Condominium Conversion No. 2005 -005, Newport Tract Map No. 2005 -002 & Modification Permit No. 2006 -018 1. The project shall be in substantial conformance with the submitted plot plan, floor plans and elevations, stamped with the date of this meeting, except as noted below. 2. No more than 6 dwelling units shall be permitted on the site. 3. The proposed trash enclosure shall maintain a minimum setback of 1 -foot 4- inches from the northerly side property line, and shall be restricted to the dimensions of 14 -feet 6- inches wide, 4 -feet 8- inches deep, and 6 -feet 8- inches high with a solid roof structure measuring a maximum of 7 -feet 5- inches high. The location of the trash enclosure shall be reviewed and approved by the City Traffic Engineer for adequate site distance. 4. The 1 -foot 4 -inch landscape buffer separating the trash enclosure and the sidewalk shall be planted with vines and vertical plantings to provide screening for the enclosure. 5. Twelve off - street parking spaces (four carports and eight garages) shall be provided on the same property to be converted to condominium purposes. The design and location of such parking shall be in conformance with the residential provisions of Title 20 of the Municipal Code and subject to the review and approval of the Traffic Engineer. 6. Use of the garages and carports for any purpose including the storage of household items that would preclude the parking of vehicles shall be prohibited. 7. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport Beach Municipal Code, approved street numbers or addresses shall be placed on all new and existing buildings in such a location that is plainly visible and legible from the street or road fronting the subject property. Said numbers shall be of non - combustible materials, shall contrast with the background and shall be either internally or externally illuminated to be visible at night. Numbers shall be no less than four inches in height with a one -inch wide stroke. The Building Department Plan Check Engineer shall verify the approved street number or addresses during the plan check process for the new or remodeled structure. City of Newport Beach Planning Commission Resolution No. Page 9 of 12 8. The existing electrical service connections shall comply with the requirements of Chapter 15 of the Newport Beach Municipal Code; specifically, that each unit will have a minimum 100 amp service. 9. Smoke detectors shall be provided in each bedroom. 10. The corrections listed by the Building Department in the special inspection report shall be made prior to final of the condominium conversion permit. 11. The property owner shall provide information to the Building Department that the roof is a Class C fire retardant roof as certified by a roofing contractor or such higher class of roofing should it be required due to the location of the building adjacent to a Special Fire Protection Area. 12. The building permit obtained from the Building Department in order to convert the subject residential units into condominiums shall be "finaled" after the Tract Map for "condominium purposes" has been recorded with the County of Orange and all conditions of approval have been completed and verified by the Planning Department. 13. Each dwelling unit shall be served with individual gas and electrical service connection and shall maintain separate meters for the utilities. 14. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.28.090 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 15. Each dwelling unit shall be served with an individual sanitary sewer lateral and cleanout. The installation of traffic -grade boxes and covers shall be required for carports. 16. The existing sewer main serving the development site is located along Amigos Way and the section that can be tapped to serve the development is limited in length. Prior to release for recordation of the Final Map, the applicant shall submit scaled and detailed engineering plans showing how the six new individual sewer lateral services and cleanouts for the development will be installed, and shall be installed as approved by the Public Works Department. 17. Each dwelling unit shall be served with an individual water service to the public water system, and shall maintain a separate water meter and water meter connection. 18. The carport walls located adjacent to Unit A and Unit F shall be setback 5 feet to ease access into and out of the carports and increase sight distance for vehicles City of Newport Beach Planning Commission Resolution No. Page 10 of 12 backing out of said parking spaces, unless otherwise approved by the Traffic Engineer. 19. All improvements shall be constructed as required by Ordinance and the Public Works Department. 20. All applicable Public Works Department plan check fees and inspection fees shall be paid prior to recordation of the parcel map. 21. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 22. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, all of the existing street trees fronting the development shall be protected in place. 23. A licensed surveyor or engineer who is authorized by the State Board of Engineers and Surveyors shall prepare and stamp the Final Map. 24. A Final Tract Map or Final Map shall be recorded. The Final Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Final 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 Final 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 Final Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 25. Prior to Map recordation, 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 Section 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 one each lot corner, unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction. 26. Prior to release for recordation of the Final Map, the existing concrete panels and hardscaping shall be removed from the parkways fronting the development site and new landscaping approved by the Public Works and General Services Department shall be installed. 27. Prior to release for recordation of the Final Map, damaged portions of the existing curbs, gutters, cross -gutter spandrel, alley approach, and sidewalks fronting the City of Newport Beach Planning Commission Resolution No. Page 11 of 12 development site shall be reconstructed as directed by the Public Works Inspector. The work shall be constructed per City Standards, in minimum 5 -foot sections to the near joint. 28. Prior to release for recordation of the Final Map, the existing nearest concrete curb return at the intersection of Domingo Drive and Amigos Way shall be reconstructed with a new concrete curb access ramp that complies with the current ADA requirements. 29. Prior to release for recordation of the Final Map, all the existing perimeter planter wall weep holes shall be plugged. 30. Prior to release for recordation of the Final Map, if any of the existing public improvements surrounding the site are damaged by private work, public works improvements, including but not limited to, curb, gutter, sidewalk, and street reconstruction may be required at the discretion of the Public Works Inspector. 31. The applicant shall comply with the City's on -site non -storm runoff retention requirements which include the installation of bottomless trench drains across the width of the new carports on the private side of the property line along the alley frontage. 32. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 33. County Sanitation District fees shall be paid prior to issuance of any building permits, if required by the Public Works Department or the Building Department. 34. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 35. Prior to release for recordation of the Final Map, all of the Public Works Department conditions shall have been satisfied and all fees shall have been paid. 36. Approval of Condominium Conversion No. 2005 -005, Newport Tract Map No. 2005 -002 and Modification Permit No. 2006 -018 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code. The final tract map shall be recorded within 24 months unless an extension is granted by the Planning Director in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. City of Newport Beach Planning Commission Resolution No. Page 12 of 12 37. With the exception of trash collection, the trash bins shall be kept inside the trash enclosure at all times. 38. Trash enclosure doors shall be "self- closing" and shall remain closed at all times when not in use. Additionally, the trash enclosure doors shall be redesigned in such a manner to preclude the doors from opening into the public right -of -way. 39. The demising walls between garages shall be constructed of materials to provide a minimum of a 1 hour fire rating.