HomeMy WebLinkAboutJS Residential,L.P. (PA2005-110) 801 Domingo DriveCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
February 23, 2006
TO: PLANNING COMMISSION
FROM: Jaime Murillo, Associate Planner
jmurillono.city. newoort- beach.ca.us
(949) 644 -3209
SUBJECT: Condominium Conversion No. 2005 -005
Newport Tract Map No. 2005 -002
Modification No. 2006 -018
(PA2005 -110)
PROJECT SITE: 801 Domingo Drive
APPLICANT: JS Residential, L.P.
INTRODUCTION
The applicant requests approval of a Condominium Conversion Permit and a Tentative
Tract Map to convert an existing 6 -unit apartment building to condominiums for the
purpose of individual sale of the units. Additionally, a Modification Permit is requested
to allow various planned building and architectural encroachments within the setbacks
and allow 2 substandard garage spaces.
Staff recommends that the Planning Commission approve the request, subject to the
findings and conditions of approval within the attached draft resolution (Exhibit No. 1).
The existing 6 -unit apartment complex was constructed in 1965 when the site was
zoned R -3 -13. The complex is currently 7,681 square feet in area and is designed with a
two -story structure on the west side of the property, consisting of three units on the
ground floor and three units on the second floor. A building that houses 4 garage
parking spaces and 8 carport parking spaces is located on the
property. Access to the 4 garage spaces and 1 carport requires
through a narrow drive at the rear of the building into a cer
separates the two structures. Additionally, the 1 carport spF.
motorcourt is also used as the utility area for the project.
eastern portion of the
maneuvering a vehicle
tral motorcourt, which
ce located within the
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The applicant plans an extensive renovation to both the interior and exterior of the
units. Interior renovations will include new interior finishes, fixtures, hardware, doors,
and windows. The exterior building enhancements will include new decorative stone
veneer, added belly bands, door and window surrounds, roof enhancements, decorative
garage doors, and decorative gates. Site improvements will also include new enhanced
paving, drainage, lighting, rehabilitated landscaping, security, utilities, and courtyard
improvements described below.
Additionally, the applicant is proposing to reconfigure the existing parking spaces to
eliminate the motorcourt and drive through. Access to all 12 parking spaces will now be
taken directly from the rear alley, and parking will now consist of 8 garage spaces and 4
carports. Utilizing 4 pairs of tandem parking spaces, the applicant has created space for
a new laundry and storage area. By eliminating the motorcourt, a usable outdoor
courtyard has been created for the use of the residents. The courtyard is proposed to
include a wall fountain, courtyard fountain, patio furniture, a new BBQ area, and a lanai.
To accommodate the reconfigured parking spaces, a small addition of 187 square feet
is required to allow sufficient depth in two of the tandem parking spaces, thus bringing
the total gross square footage of the project to 7,868 square feet, well below the
maximum permitted (1.75 FAR x 6,985 sq. ft. buildable area = 12,224 sq. ft.).The
illustrations below provide a comparison of the existing parking configuration as
compared with the proposed parking reconfiguration:
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General Plan Compliance
The site is designated Multi - Family Residential by the Land Use Element and is located
in Statistical Area K -2 (The Bluffs Area). Apartments or condominiums are expected to
be located within this designation. The Multi - Family Residential designation does not
have a density standard; however, no change in use or density is proposed. The
Estimated Growth Table contained within the Land Use Element for Statistical Area K2
accounts for the existing units and no change in density is proposed.
Zoning Compliance (Title 20 of the Municipal Code)
The site is zoned Multi - Family Residential and permitted a maximum of 6 dwelling units
as defined on the Districting Maps of the Zoning Code. As mentioned, no change in
density is proposed, and the small addition of 187 square feet will not cause the project
to exceed the maximum permitted floor area allocation. However, the current
development has several nonconformities from current development standards, as
identified below:
Parkin-g. The project does not provide any guest parking. The Zoning Code
requires a minimum of 2.5 spaces per unit (including 1 covered), or 15 total
spaces (2 per unit + 3 guest). The project currently and will continue to provide,
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General Plan Compliance
The site is designated Multi - Family Residential by the Land Use Element and is located
in Statistical Area K -2 (The Bluffs Area). Apartments or condominiums are expected to
be located within this designation. The Multi - Family Residential designation does not
have a density standard; however, no change in use or density is proposed. The
Estimated Growth Table contained within the Land Use Element for Statistical Area K2
accounts for the existing units and no change in density is proposed.
Zoning Compliance (Title 20 of the Municipal Code)
The site is zoned Multi - Family Residential and permitted a maximum of 6 dwelling units
as defined on the Districting Maps of the Zoning Code. As mentioned, no change in
density is proposed, and the small addition of 187 square feet will not cause the project
to exceed the maximum permitted floor area allocation. However, the current
development has several nonconformities from current development standards, as
identified below:
Parkin-g. The project does not provide any guest parking. The Zoning Code
requires a minimum of 2.5 spaces per unit (including 1 covered), or 15 total
spaces (2 per unit + 3 guest). The project currently and will continue to provide,
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only 2 covered parking spaces per unit within carports and garages, providing a
total of 12 spaces.
2. Encroachments. The structures currently encroach into the front and side yard
setbacks. An encroachment schedule has been provided as Sheet EP -1 of the
attached plans illustrating the precise locations of each of the following existing
encroachments:
a. Main Residential Structure. The main residential structure encroaches 5-
inches into each 6 -foot 5 -inch side yard setback. Additionally, given the
skewed angle of the front property line, encroachments vary into the 20-
foot front yard setback. A majority of the structure complies wfth the
setback; however, portions of the building encroach up to 2 -feet 6- inches
and portions of the balconies encroach up to 3 -feet 9- inches. The original
building permit for the project mentions a "Special Permit' that was
granted to the project in 1965 allowing a 15 -foot front yard setback;
however, staff has been unable to locate the approval.
b. Garage and Carport Structure. The carport and garage structure currently
encroaches 5 -feet 5- inches into the southerly 6 -foot 5 -inch side yard
setback and 5- inches into the northerly 6 -foot 5 -inch side yard setback.
Each of these nonconformities is allowed to remain indefinitely although alterations and
additions are limited per Chapter 20.62 (Nonconforming Structures and Uses). The
alterations planned are compliant with Chapter 20.62.
The City Council adopted an ordinance amending Section 19.64.070 of Title 19
(Subdivision Code) related to parking requirements for residential condominium
conversions on July 26, 2005. The adopted ordinance amended the condominium
conversion regulations to require projects of 3 or more units to provide the number of
off - street parking spaces required by the parking standards in effect at the time of
conversion (current requirements). The ordinance became effective on October 24th,
2005. However, since this application was submitted and deemed complete prior to the
effective date of the amendment, the application is grandfathered under the old
requirement allowing the conversion of a project that provides the same number of
parking spaces that existed at the time of original construction.
The applicant proposes several new encroachments into setbacks as part of the
renovation and enhancement program. Additionally, the applicant requests approval of
two garage spaces that do not meet the minimum width requirements. These features
require the consideration of a Modification Permit. The features are as follows:
1. Front Yard — 20 feet minimum required:
Architectural Encroachments — A 6 -inch allowance beyond the existing
nonconforming setback is requested for minor architectural elements consisting of a
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12" wide belly band wrapping around the building, door and window surrounds, and
stone veneer. At worst case, these encroachments will maintain a setback of 17 -feet
7- inches from the front property line. Additionally, decorative wood balcony railings
are proposed to replace the deteriorated railings of the existing nonconforming
balconies.
2. Side Yard (north) — 6' -5" minimum required (8% lot width):
Architectural Encroachments — A 6 -inch allowance beyond the existing
nonconforming setback is requested for minor architectural elements consisting of a
12 -inch high belly band wrapping around the building, door and window surrounds,
and stone veneer. These encroachments will maintain a setback of 5 -feet 6- inches
from the side property line.
Building Encroachments — Two window pop -outs (thickened walls) are proposed to
encroach 1 -foot 3- inches into the 6 -foot 5 -inch side yard setback, for a width of 8-
feet 2- inches each. These pop -outs will maintain a setback of 5 -feet 2- inches from
the side property line. Additionally, to accommodate the new tandem garage space
on the north side of the building, an extension of the existing 5 -inch encroachment
of the garage is requested for a length of 6 -feet 10- inches. The garage will maintain
a 6 -foot setback from the side property line.
A trash enclosure is proposed to encroach 5 -feet 1 -inch into the required side yard
setback at the rear of the property. The enclosure will measure 14 -feet 6- inches
wide by 4 -feet 8- inches deep, and is enclosed with a 6 -foot 8 -inch high masonry wall
and covered with a solid 7 -foot 5 -inch high roof structure. The refuse company will
be able to access the bins through the lockable wood stained gates at the alley side,
and residents will be able to access the trash bins through two wood stained access
panels on the north side of the enclosure. A 1 -foot 4 -inch wide strip of landscaping
will remain as a buffer between the enclosure and the sidewalk (Exhibit 3).
3. Side Yard (south) — 6' -5" minimum required (8% lot width):
Architectural Encroachments — A 6 -inch allowance beyond the existing
nonconforming setback is requested for minor architectural elements consisting of a
12 -inch high belly band wrapping around the building, door and window surrounds,
and stone veneer. These encroachments will maintain a setback of 5 -feet 6- inches
from the side property line.
4. Parking Width — 9' -3' unobstructed width (single space)
Two proposed garage spaces will not comply due to the reconfiguration of the
parking spaces. The garage spaces of Unit A and Unit F have been maximized to a
width of 9 -feet through the use of narrow partition walls.
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Modification Permit Findings
Chapter 20.93 (Modification Permits) of the Zoning Code requires the City make the
following findings should approval of a Modification request be desirable.
A. The granting of the application is necessary due to practical difficulties associated
with the property and that the strict application of the Zoning Code results in
physical hardships that are inconsistent with the purpose and intent of the Zoning
Code.
Due to the location of the existing buildings within setbacks, strict application of the
setback standard would result in the inability to include the listed improvements in a
manner proposed by the applicant, and exterior improvements would be limited to
painting. Although the encroachments are neither necessary nor required by law,
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. The
aesthetics of the existing structure is poor and any kind of significant architectural
enhancement would require some consideration of additional encroachments.
The one carport space and four garage spaces accessed through the motorcourt were
seldom used due to maneuvering difficulties. Therefore, the applicant believes 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.
Based on the overall width of the structure along the rear of the property, the existing
parking structure will not allow for all of the spaces to be at full widths. The two 9 -foot
wide garage spaces could be brought into compliance if the partitions separating the
spaces from the adjacent garage spaces were removed and the spaces remained as
open carports or if future owners were forced to share a two -car garage. However, staff
believes 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 the two garage spaces.
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. Given the minimal garage dimensions, trash
container storage will not be feasible within the garages without encroaching into the
minimum required clear widths and depths. Trash container storage can be
accommodated with the courtyard area or entry area through the use of 35 gallon
containers that would be required to be brought out weekly by each of the project's
future tenants; however, potential concerns were raised by the Refuse Superintendent
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related to the inability to pick up trash off the Domingo Drive curb because of its use for
on- street parking, and also the concern that residents that are away may not always
take out their trash containers thus creating trash problems within the project.
B. The requested modification will be compatible with existing development in the
neighborhood.
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 carport/garage encroachments. The proposed exterior
improvements are similar in nature to other projects which have been previously
approved in association 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.
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
for a better parking situation.
As previously mentioned, the existing apartment complex does not provide a trash
enclosure for the residents, which resulted in its tenants storing trash receptacles within
their required parking areas or in using neighboring trash facilities of other properties.
Staff has been informed by the Refuse Superintendent of the General Services
Department that the alley which serves the subject project is problematic dues to the lack
of trash enclosures for the projects abutting that alley, resulting in several trash
receptacles being stored outside in public view. The proposed trash enclosure will provide
a screen for the project's 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
carports or garages.
C. The granting of such an application will not adversely affect the health or safety of
persons residing or working in the neighborhood of the property and will not be
detrimental to the general welfare or injurious to property or improvements in the
neighborhood.
The minor architectural improvements proposed to encroach an additional 6- inches
beyond the existing nonconforming setbacks are minimal in nature and serve only as
architectural features to enhance and modernize the aesthetics of the building and site.
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. Additionally, the encroachments
should not prove detrimental to the immediate neighbors as light, air and access will
remain.
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The requested reduction for the two 9 -foot garage widths will not render the spaces
unusable, and will not adversely affect the health or safety of persons residing or
working in the neighborhood.
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 the alley. As mentioned, the
alley is problematic in that many of the surrounding projects do not provide trash
enclosures and therefore several trash receptacles are left and stored behind the
complexes in the 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 (Condition No. 4) 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.
In summary, staff believes that each of the findings for approval can be made for the
requested encroachments and modifications.
Subdivision Compliance (Title 19 of the Municipal Code)
Condominium conversions require that existing tenants be notified 60 days in advance
of filing a condominium conversion application and be provided the opportunity to
purchase the units. However, as of October 3rd, 2004 the building has been vacant, well
before the submittal of this application. The applicant has provided a signed statement
to that effect, and therefore, the application is exempt from any notification
requirements of existing tenants. The following standards are applicable to the review of
this condominium conversion request:
A. The number of off - street parking spaces that were required at the time of the original
construction shalt be provided on the same property to be converted to
condominium purposes, and the design and location of such parking shall be in
conformance with the provisions of Chapter 20.66 (Off - Street Parking and Loading
Regulations). Under no circumstance shall there be less than one covered parking
space per dwelling unit.
The project was originally required to provide 2 parking spaces for each unit within
carports and garages. As noted, the applicant plans to reconfigure the parking
spaces and eliminate the motorcourt, resulting in 4 additional garage spaces, with
the total number of spaces remaining at 12.
As mentioned previously, the City Council has approved an ordinance to amend this
provision of the Subdivision Code requiring any proposed condominium conversion
consisting of 3 or more units to comply with current parking standards, which is 2.5
parking spaces per unit. However, since this application was submitted and deemed
complete prior to the effective date of the ordinance, the application is
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grandfathered under the old requirement allowing the conversion of a project that
provides the same number of parking spaces that existed at the time of original
construction.
B. Each dwelling unit within a building shall have a separate sewer connection to the
City sewer.
The building was not constructed with separate sewer connections and the draft
resolution has a condition of approval requiring the separation of the sewer lines.
The applicant has not requested a waiver from this standard and staff would not
recommend such a waiver in any case.
C. Each sewer lateral shall be retrofittedffitted with a cleanout at the property line.
This requirement has been included as a condition of approval.
D. Each unit shall maintain a separate water meter and water meter connection.
This requirement has been included as a condition of approval.
E The electrical service connection shall comply with the requirements of Chapter
15.32 of the Municipal Code.
Chapter 15.32 requires new utility connections to be underground. Each unit has
been conditioned to provide a separate meter with an undergrounded connection.
F. The applicant for a condominium conversion shall request a special inspection from
the Building Department 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.
An inspection of the building was conducted by the Building Department. The report
did indicate several minor deficiencies that are within the scope of work for the
renovation effort. Staff has included a condition of approval that requires elimination
of all deficiencies prior to the approval of the final tract map.
G. Permanent lot stakes and tags shall be installed at all lot comers by a licensed
surveyor or civil engineer unless otherwise required by the City Engineer.
Staff has included a condition of approval that requires the permanent corner tags to
be set and recorded in accordance with applicable laws.
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.
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The General Plan does not include any specific goals for the dispersion of rental
housing within the area. Obviously, the conversion from rental to ownership will
reduce the number of rental opportunities in the area by 6 units. Six units are less
than 3% of the rental units in the Domingo Drive area. Additionally, there are over
14,000 rental units within the City based upon the 2000 Census and the conversion
of 6 units should not negatively affect the balance of housing within the City.
1. 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.
The proposed conversion will not create any substantial construction- related
disruption and it will be temporary in nature. The long term use of the site will not
change from current conditions. The renovation of both the exterior and interior of
the buildings will upgrade the site. The improvements will make the site safer and
more aesthetically pleasing and will be a benefit to the future owners and area
residents in general. For these reasons, staff believes this finding can be made.
Condominium Conversions also require the approval of parcel maps or tract maps as
the case may be. Should any of the following findings be met, the City must deny the
proposed subdivision (Government Code Section 66474):
(A) That the proposed map is not consistent with applicable general and specific plans
as specified in Section 65451.
The General Plan designates this site for multi - family housing. 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 19.64.060.1) 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 this
reason, the conversion is consistent with the Land Use and Housing Element
policies as well as applicable provisions of the Subdivision Code.
(B) That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
The Land Use Element applies no specific density standard to the site other than
designating it for multi - family uses. The Districting Map implements this designation
and establishes a 6 unit density limit. Since there is no change in density, the
subdivision is consistent with the Land Use Element. No specific plan is applicable
to the site area.
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(C) That the site is not physically suitable for the type of development (i.e.
condominiums).
The site was developed in 1965 with the existing apartment complex. There is no
known reason to think that the site is not physically suited for continued residential
use.
(D) That the site is not physically suitable for the proposed density of development.
The Districting Map establishes a maximum density of 6 units for the development
of the site, and the site was developed in 1965 with the existing 6 -unit apartment
complex. There is no known reason to think that the site is not physically suited for
continued density of 6 residential units.
(E) That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
The design of the subdivision follows the existing buildings and the subdivision
itself will not cause any construction or change of use that would cause any
environmental damage.
(F) That the design of the subdivision or type of improvements is likely to cause serious
public health problems.
There is no known public health issues associated with the existing development
and converting the existing building to condominiums would not likely expose the
occupants to any threats.
(G) That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. in this connection, the governing body may
approve a map if it finds that alternate easements, for access or for use, will be
provided, and that these will be substantially equivalent to ones previously acquired
by the public. This subsection 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 a legislative body to determine that the public at large
has acquired easements for access through or use of property within the proposed
subdivision.
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No access or use easements have been acquired by the public at large related to
this property.
The following additional findings for the subdivision map must be met:
A. 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.
The proposed subdivision will not eliminate housing nor will it create any new
housing units.
B. 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.
The proposed subdivision will not increase the number of residential units and the
units will continue to discharge waste into the sewer system. Therefore, the
subdivision will not create or add to a violation of Regional Water Quality Control
Board requirements should one exist.
Environmental Review
This project qualifies for a Categorical Exemption 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. Staff
believes the proposed project meets this standard and that the project is exempt from
environmental review.
Public Notice
Notice of this hearing was published in the Daily Pilot with the agenda, mailed to
property owners within 300 feet of the property and posted at the site a minimum of 10
days in advance of this hearing consistent with the Municipal Code. Additionally, the
item appeared upon the agenda for this meeting, which was posted at City Hall and on
the city website.
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CONCLUSION
Staff believes the application meets all established standards for a condominium
conversion and tentative tract map can be approved. Additionally, Staff believes that
the proposed encroachments within setbacks and modification to the required garage
widths can be approved as it appears that facts to support the findings are evident.
Prepared by:
Jaime Murillo, Associate Planner
EXHIBITS
1. Draft resolution for project approval
2. Condominium Conversion Plans
3. Trash Enclosure Details
4. Tentative Tract Map
5. Existing Site Photographs
Submitted by:
F: \Users \PLN \Shared\PXs\PAs - 2005\PA2005-1 10\PA2005-1 10_perpt.doc
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RESOLUTION NO. _
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 (PA2005 -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 site 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 11
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 comers 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 11
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.
�Q
City of Newport Beach
Planning Commission Resolution No.
Page 4 of 11
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 11
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 carporttgarage
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 11
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.
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 ".
P
City of Newport Beach
Planning Commission Resolution No.
Page 7 of 11
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.
BY:
Michael Toerge, Chairman
F-W
Barry Eaton, Secretary
AYES:
NOES:
ABSENT:
RA
City of Newport Beach
Planning Commission Resolution No.
Page 8 of 11
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 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.
P
City of Newport Beach
Planning Commission Resolution No.
Page 9 of 11
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 11
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
aI)
City of Newport Beach
Planning Commission Resolution No.
Page 11 of 11
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.
to
Exhibit 2
Condominium Conversion Plans
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Exhibit 5
Existing Site Photographs
63
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