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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 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2006 Page 2 of 14 5 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2006 Page 3 of 14 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: i h 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2006 Page 4 of 14 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, 9 1 'I Proposed ffi Parking l *. Configuration eL I 11 a i I: Nay rta � a 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, 9 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2006 Page 5 of 14 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 L 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2005 Page 6 of 14 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. C 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2006 Page 7 of 14 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 0 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2006 Page 8 of 14 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. i� 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2006 Page 9 of 14 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 )I\ 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2006 Page 10 of 14 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. v.aL 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2006 Page 11 of 14 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. 0 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2006 Page 12 of 14 (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. \A 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2006 Page 13 of 14 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. 801 Domingo Drive Condominium Conversion (PA 2005 -110) Feburary 23, 2006 Page 14 of 14 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 �6 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. 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