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HomeMy WebLinkAboutBarry Saywitz Residence (PA2005-085) 5005 River AveCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item: 2 June 9, 2005 TO: PLANNING COMMISSION FROM: James Campbell, Senior Planner (949) 644 -3210, jcampbelltcity .newport- beach.ca.us SUBJECT: Appeal of Condominium Conversion Permit No. 2005 -004 & Modification Permit No. 2005 -042 (PA2005 -085) PROJECT LOCATION: 5005 River Avenue APPLICANT/ APPELLANT: Barry Saywitz ISSUE Should the Planning Commission grant an appeal of the Zoning Administrator's approval of a condominium conversion application? RECOMMENDATION Staff recommends that the Planning Commission uphold the decision of the Zoning Administrator and deny the appeal. DISCUSSION On May 9, 2005, the Zoning Administrator approved. the applicant's request for a condominium conversion subject to conditions (Exhibit No. 1). Condition No. 11 requires a physical change to the existing two -car garage by widening it and constructing a wall separating the two parking spaces creating 2 one -car garages. Adding the wall separating the two spaces decreases the interior width of each space that lead to the need to widen the overall width of the parking area. The applicant filed an appeal on May 20, 2005 (Exhibit No. 2). The applicant contends that the added width of the garage will require the garage area of the duplex to be re- framed and a new foundation system to be created to build a new exterior wall to the garage. Additionally, the garage supports a balcony above that will require modification. The applicant/appellant states that the condition significantly changes the scope of work and financial impact to the project is created. d"Y Saywitz Appeal June 9, 2005 Page 3 Staff acknowledges that the condition will necessitate structural alterations of the building and it will create a financial impact to the project. However, staff believes that the purpose of the condition and its result is sufficient to justify the added expense especially since the applicant has not indicated that the cost would make the project financially infeasible. The Municipal Code requires that a condominium conversion provide the number of parking spaces at the time of original construction and that a minimum of 1 covered parking space per unit be provided. The project meets this standard as there are two parking spaces within the existing garage and two open spaces in the driveway. Staff has been separating two -car garages with condominium conversion permits to ensure that each unit is provided one separate covered parking space. Applicants typically request it in that it makes the resulting condominiums more desirable. When a garage is nonconforming as to width, such as the case with this application, the separation wall can lead to requests for Modification Permits to allow substandard widths of the resulting one -car garages. The Modification Permit request associated with this application sought to have the garages be 8 feet, 8 inches in width when the Zoning Code requires a minimum of 9 feet, 3 inches in width. The applicant prepared and submitted for the Zoning Administrator's consideration three options to the 8 -foot, 8- inch proposal as it is staffs belief that 8 -foot, 8 -inch wide parking spaces within a garage is inadequate when there are feasible ways to widen the garages to meet current standards. The garage can remain unchanged and the project can proceed as the Municipal Code does not require separation of a two -car garage with a condominium conversion. However, it is very common that a partition wall will be added in the future by the future owners which results in the substandard size spaces being created. In order to avoid this situation, staff required the garages to be widened to meet current width standards. Environmental Review The project qualifies for a categorical exemption pursuant to Section 15315 (Class 15, Minor Land Divisions) of the implementing guidelines of the California Environmental Quality Act. Public Notice Notice of this hearing was published in the Daily Pilot, 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. Saywitz Appeal June 9, 2005 Page 4 Alternatives The Planning Commission has two readily identifiable options although others may exist: 1. Uphold the appeal and modify the approval by eliminating Condition No. 11 entirely. This change would leave the existing two -car garage unchanged. 2. Uphold the appeal and modify the approval by approving the applicant's original request to provide the 2, one -car garages at 8 feet, 8 inches in width. Prepared by: J es ampb Il, Senior Planner EXHIBITS Submitted by: Patricia L. Temple, PI ning Director Approval letter for Condominium Conversion Permit No. 2005 -004 & Modification Permit No. 2005 -042 (PA2005 -085). 2. Appeal 3. Letter from the architect dated April 28, 2005 (includes optional plans) 4. Original plans Exhibit No. 1 Approval letter for Condominium Conversion Permit No. 2005 -004 & Modification Permit No. 2005 -042 (PA2005 -085) 1 May 9, 2005 Planning Department 3300 Newport Boulevard, Building C Newport Beach, cA 92663 949. 6443200 (general) 949- 644 -3229 (fax) Condominium Conversion No. CC2005 -004 Modification No. MD2005 -042 Project No. PA20054085 Barry Saywitz 4740 Von Karmen Avenue Newport Beach, CA 92660 Application No: Applicant: Address of Property Involved: Legal Description: Approved as Condominium Conversion No. CC200"04 and Modification No. MD2005-042 (PA2005 -085) Barry Saywitz 5005 River Avenue Portion of Lot 11, Block 50, River Section Convert an existing duplex into a two -unit condominium complex. Each dwelling unit will be provided a single -car- garage parking space by the division of the existing two -car garage. Each unit will also be provided an open - parking space located in front of the garage on the street side of the property. Also approved was a modification permit to allow the installation of a partition wall to establish two single -car- garage parking spaces. The modification permit'is also required to accommodate the substandard width of the 8- inches where the On May 9. 2005, the Zoning Administrator approved the application request based on the following findings and subject to the following conditions. FINDINGS: In this case, the Zoning Administrator determined that the proposal would not be detrimental to persons, property or improvements in the neighborhood. The approved Condominium Conversion and Modification would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code based on the following findings: As conditioned, the project will substantially comply with all applicable standard plans and specifications, adopted City and State Building Codes, and the zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of original construction. 9 2. The project is consistent with the adopted goals and policies of the Land Use Element and other Elements of the General Plan and the Local Coastal Program Land Use Plan. 3. The required division of the existing two -car garage into two single -car- garage parking spaces is consistent with the Zoning Code requirement to provide one covered parking space per dwelling unit (Code Section 20.66.040 B). Additionally, the division of the existing garage can be accommodated with minimal change to the living area of the existing dwelling unit. 4. The design of the development will not conflict with any easements acquired by the public -at -large for access through or use of property within the proposed development. 5. Public improvements may be required of a developer per Section 19.28.010 of the Municipal Code. 6. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 15, Minor Land Divisions. 7. The plumbing system as approved will be in substantial compliance with the City of Newport Beach Plumbing Code, and the clean -out as required will be installed in such a way that it will meet the intent of the requirements of the City. The establishment, maintenance or operation of the use or building applied for will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: The project shall be in substantial conformance with the submitted plot plan, floor plans and elevations, except as noted below. 2. No more than two dwelling units shall be permitted on the site. 3. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code, or other applicable section or chapter, additional street trees shall be provided as required by Ordinance, unless otherwise approved by the General Services Department and the Public Works Department through an encroachment permit or agreement (if required). 4. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. May 9, 2005 Page 2 l:\USERS \PLN\Shared\PA's\PAs - 2005\PA2005- 085\CC2005 -004 appr.doc 1b 5. Each of the tenants of the proposed condominium shall be given 180 days' written notice of intention to convert prior to the termination of tenancy due to the proposed conversion. 6. Each of the tenants of the proposed condominium shall be given written notification within 10 days of the approval of the condominium conversion permit establishing the proposed condominium conversion. Proof of said notification shall be provided to the Planning Department. 7. Each of the tenants of the proposed condominium shall be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. Such right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report (Section 11018.2 of the Business and Professions Code), unless the tenant gives prior written notice of his or her intention not to exercise the right. Prior to final of the condominium conversion permit, the applicant shall provide a copy of the written verification forwarded to the tenants and said verification shall be presented to the Planning Department. 8. The number of off - street parking spaces that were required at the time of the original construction shall 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 residential provisions of Title 20 of the Municipal Code. 9. At least one independently accessible garage parking space per dwelling unit shall be provided and maintained clear of obstructions for the parking of vehicles at all times. 10. At least two parking spaces shall be provided for each dwelling unit on the subject property. 11. Separation of the two -car garage into two conforming single -car garages shall require approval of a building permit and the installation of an individual roll -up or sectional garage doors (as depicted in the attached "parking option 1 "). The only exception shall be the portion of the storage authorized to encroach into a corner of the parking space. 12. The existing electrical service connection 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. 13. 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. This work shall be completed prior to final of the condominium conversion permit. May 9, 2005 Page 3 I:\USERSIPLN1Shared\PA's1PAs - 20051PA2005- 0851CC2005 -004 appr.doc �1 14. The applicant shall separate the building sewers within the building from each unit. 15. The sewer service shall be separated so that each unit is served with a sewer lateral connection to the public sewer system with a clean -out to grade at the property line. If there is evidence that sewage is leaking from the facility or if it is substandard, the existing sewer lateral shall be replaced. Said work shall be completed under an encroachment permit issued by the Public Works Department, unless otherwise approved by the Utilities Department and the Building Department. This work shall be completed prior to final of the condominium conversion permit. 16. All improvements shall be constructed as required by Ordinance and the Public Works Department. 17. Smoke detectors shall be provided in each bedroom. 18. The corrections listed by the Building Department in the special inspection report shall be made prior to final of the condominium conversion permit. 19. The exterior wall surfacing shall be made weather -tight as required by the Uniform Housing Code. 20. 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. 21. The building permit obtained from the Building Department in order to convert the subject residential units into condominiums shall be finaled after the Parcel 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. 22. This approval 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. Appeal Period The decision of the Zoning Administrator may be appealed to the Planning Commission within 14 days from the date of this letter. Any appeal filed shall be accompanied by a filing fee of $975.00. No building permits may be issued until the appeal period has expired. May 9, 2005 Page 4 1AUSERSIPLN%Shared\PA'sIPAs - 2005%PA2005- 0851CC2005 -004 appr.doc )a ZONING ADMINISTRATOR By:. Senior Pla ner JavTer S. Garcia AICP JSG:jjb Attachments: Vicinity Map Special Inspection Report Parking Option 1 Appeared in Opposition: None Appeared in Support: None May 9, 2005 Page 5 1:\USERS \PLN \Shared \PA's1PAs - 2005\PA2005- 085 \CC2005 -004 and MD2005 -042 appr.doc 1 /J, VICINITY MAP Condominium Conversion Permit No. CC2005 -004, MD2005 -042 and Parcel Map No. NP2005 -021 - PA2005 -085 5005 River Avenue 6 1 N o Y C a m .. m m � EL g IL LL Q G c eD tN'1 m 0 V L pl m E F L N AS G1 U 0 C C C 4 :6 as °� N m �E U V m v m y� Z O { z 4-. q 0 O a' z 0 U O. f- W i C I O i 0 3 o � O� =4 1 q 1 a; y OU LL a rC 00 0 0 0o.ao 0 0 0 0 ' m a y t a ° W z W O� U G N a = N N y- m QQoLL 2 C7� m y N.oA a a' LL IL NQ R gem 0'M � � � Q O• � '. tmf y ' �i a a CDan c c�¢ m =a 0 M:3 �.c�aui 3a M QC b .�1 a 0 ,t ii in C WC rC 00 0 0 0o.ao 0 0 0 0 ' m a y t a ° W z W O� U G W LL a = N O y- m W m y N.oA a a' LL R N � � � Q O• � '. tmf y ' �i Ca a CDan c c�¢ 0 M:3 �.c�aui 3a .�1 a 0 ,t m a LLI Q U U uj a Qx fQ=� W W W N -> R: N �F$ O rm m 1.1 o C. 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K Z W a, IL, a O F" 0 m w W Lu LL O M W 7 N r h m U ,OJ1 Z Q U � Z P�. 6 0 J _ WOR Q CL N Q (W = Z O 2 d N G7 CITY OF NEWPORT BEACH BUILDING DEPARTMENT 3300 NEWPORT BLVD. P.O.BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644-3275 CONDOMEWUM CONVERSION INSPECTION REPORT (CHECKLIST) Inspection Fee: $120.00 per unit . No. Units Z. Condo Conv. No. Bj.00 5' ORl'7ri Address: X005 XNXVT R DATE: 3 -2a - 05 Existing 0c Grp Type of Construction: -S Y K g 14 Owner X PHONE# Assigne Inspector: X �a✓� -Q. a�-t Date:$,2AO-5PHONE #:64432F.! THE FOLLOWING CHECKLIST WILL BE USED DURING THE . INSPECTION TO VERIFY EXISTING BUILDING CONDITIONS AND COMPLIANCE. TO MINIMUM STANDARDS FOR THE CONDOMINIUM CONVERSION. A. EACH UNIT MUST COMPLY WITH THE MIIN01U&I STANDARDS OF THE UNIFORM HOUSING CODE AS ADOPTED BY THE CITY OF NEWPORT BEACE,L 1. Does the unit meet minimum sanitation requirements? Comment. �%2r -'r-Q t f 2. Does the unit meet minimum structural and occupancy standards? (y) (n) :!S Comment. S'/ e4.ir12.ti55 3. Does the unit meet minimum exiting safety standards? (y) (n)—;K-- Comment. �.�+�rikL ^L:✓ P1zsaGlZ�Sf 4. Does the unit meet minimum plumbing standards? (y) (n)_ Is there a garbage disposal installed on a dedicated circuit? (y) (n) = Comment. kT -nw') 2 (.. S N kcsa X= 5. Does the unit meet minimum standards of heating and venting? (y) (n) Comment. [<&1 teog jo 6. Does the unit meet minimum standards for electrical safety? (y) (n).^Y Comment._ 2-eV P ►L4!k:; w_'l B. EACH UNIT MUST COMPLY WITH CURRENT M99MUM LIFE SAFETY REQUIREMENTS OF THE UNIFORM BUILDING CODE AS ADOPTED BY THE CITY OF NEWPORT BEACH. 7.. Do the effistiug stairs and handrails comply with minimum safety requirements of Chapter 10 UBC? (y) (n) n Did they comply when originally constructed? (y) (n) Comment. U"LIA00 f . :cry- P A42� &*ET 8. Do the existing guardrails comply with minimum safety requirements of Section 509 of the Uniform Building Code (y) (n) X Did they comply when originally constructed? (y) (n)_,K_ Comment. %-,J *P&-Ol9S 9. Are smoke detectors installed in each bedroom and other required locations per section 310.9.1.1 of the UBC (y) (n)_�_ Comment: Jvv 10. Is there a required occupancy separation rating? ! hr(s (y) (n) ?Q_ If so, does it meet the requirements of section 3021W (y) (n) Comment 'R.. v+d 4. I,,J�"0123j' 11. Is the roof a minimum Class C fire retardant roof? (y) —(n)-2s- Owner to submit letter of certification by a licensed roofing contractor of fire retardancy and remaining life of the roof. (y) (n) Comment 12. Is safety glazing installed in areas subject to human impact? (y) 5 Other Comments 2 0 C. EACH UNIT IS REQUIRED TO BE INDIVIDUALLY SERVED BY SEPARATE UTILITIES. Note: the City does not consider it feasible to separate sewer piping when existing units are integrally piped through lower units to units above. (Please demonstrate for the inspector that utilities serving the units are not connected.) 13. Is this unit served by its own water meter and piping? (y) Are the materials used in the system approved for the use? (y) Are there apparent cross connection hazards in the system? (y) NOTE: New water service and water meter must go to the secondary unit. Existing water meter and service line must remain with original address. (Contact Water Meter Division if any questions: (949) 644 -3019) Comments: %vwL7 14. Is this unit served by its own gas: 'meter and piping? (y) (n) Are the materials used in the system approved for the use? (y) (n) Are there apparent safety hazards in the system? (y) w-K- Comments: Rs.yyu7 of L IV.-, A PO4 jf„ &� 15. Is this unit servedby its own electric meter and wiring? (y) (n), cam_ Is the unit served by a minimum 100amp service? (y) (n)_ Is a new or relocated service required to be fed underground? (y) INI_(n) Are there apparent safety hazards in the system? (y) {n)_ 16. Is this unit served by its own sewer and piping? (y) (n) Are the materials used in the system approved for the use? (y)(n) Is there an approved cleanout installed at the for line? (y) (n)� p _- Comments: 1°� 1M y t L- x rr/ Other Wyww�my� p�5 ii iOW ^r/`� 2 ` fY� Wi WOW �J,°y Ztj 05 I j_ 0� h y°I Y �yW F(J<w•NE O` •� u. w Nwm�w _w O }U Oq P "J wC 'U -CF° m6�C z r°�� wr gw ;grc x'z zav ;;yyJ Q ° xw w < � Wu QOM y ¢ a0O �L J�N If! WS: � w '-' 4_4rt ' Yi 22 '° F01, s5 N qi4 Y O Z O (C sVFWN OZ _J 1yC qq4 S4�Fq 0 U V wy` U Z Y U <w J Zy WOw_3w c.o Y�.Cic1H8q wio3 Vg''S W 9s �z3S�y'dZw a : ez gawgo egg �n'cS eK2'W F o 3 `L ie �u 1�o I3e "I�r $ g O o < m 8 a5, g$""C Noz3 ^>° 4�xor awzrY �.Z U z ¢ m x& 0 z a l '-3o c'�99�sQam a < wxm iioz O�'sx ige�$r N¢ w '�,a i0 Src J V O 3 = °s w°opBOwd' m$g wg�e <eg�n�w p5O YQ. 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SECRETARY or STAFF FOR OFFICE USE ONLY Date n2 U — 0,6- ,JA4A'*A OQ -- 9,1�eQj Date Appeal filed and Administrative Fee received: -);I&. ag 2005 . Hearing Date. An appeal shall be scheduled for a hearin before the Planning Commission within thirty (30) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec. 20.95.050) cc: Appellant Planning (Fumish one set of mailing lahe(s for mailing) File APPEALS: Municipal Code Sec, 20.95.0406 Appeal Fee: $975.00 pursuant to City Council Resolution 2004 -050. Qgposlt funds with Cashier in Account 92700-5000) FAUSERS1PLN\Shared\FormsX0Id Forms\Iformslmodappeal.doc +f Revised 08 -25-04 jcr ;✓ Exhibit No. 3 Letter from the architect dated April 28, 2005 (includes optional plans) 1 S T E R N ARCHrF✓TMCTS NOMINEE April 28, 2005 Mr. Jay Garcia Qty of Newport Beach Planning Department 3300 Newport Blvd. Newport Beach, CA 92663 RE: Condo Conversion — 5005 River Avenue — Garage Separation Issue Dear Mr. Garcia: In follow up to the Planning Department hearing, Monday, April 25, 2005, we have performed additional research as to the viability of separating the existing two -car garage into two separate garages, as part of the condo conversion, per your request, We have attached several drawings, which show moving the existing structural wall, which supports the staircase, the front balcony and is a structural support for the garage Itself, to accommodate in providing additional width to potentially allow for two separate garages. We have also provided two separate drawing options, attempting to achieve the desired compliant width, by removing a portion of the wall underneath the proposed new staircase. Both of these options have proven that there is not enough width in diameter to be able to achieve two, eight foot openings. If you examine Option 1, which requires relocating the structural wall, the ramifications of this scenario are as follows: 1. The existing structural wall would need to be relocated. 2. The existing garage door, header and existing garage door ceiling and framing, along with all fixtures and finishes would need to be completely removed and reconstructed. 3. We will need to remove the existing slab and pour all new slab and footings with a curb, to relocate the existing wall. 4. We will need to remove the existing staircase completely, and add additional structural supports to re- support the roof, as a result of the relocation of the wall. S. There will be additional reconfiguration of the existing framing on the walls, which separate the living area from the garage, to provide additional support and new structural members. We have consulted with our structural engineer, and it is anticipated that the additional cost to perform this work would be in excess of $50,000.00, not including architectural and structural engineering fees. 949 South Coast Drive, Suite 170 • Costa Mesa • CA 92626 Phone: 714 -556 -2656 • FAX: 714 -556 -2696 P� S T E R N ARCHITECTS ■■■■■■ Mr. Jay Garda Page Two April 28, 2005 We were previously not intending on making any modifications to the front portion of the building, and therefore, our client feels that it Is an excessive financial burden relative to the balance of the construction, as well as significantly changing the scope of the Intended work for the property. Additionally, our structural engineer has informed us that additional surveying and structural calculations would be required, but they believe strongly that this type of structural modification to the building would require completely removing the front balcony, due to the fact that the ceiling and structural support underneath it would be jeopardized, and would potentially require complete removal of the front upstairs balcony, and reconfiguration of the entire front fagade of the building. We do not believe that this is a financially viable option relative to the entire scope of the project. In analyzing Options 2 and 3, these scenarios provide for removal of a portion of the existing wall underneath the staircase, to provide additional square footage in the garage area. The complications with this scenario are as follows: 1. While removing the additional wall underneath the staircase does provide for additional space in the garage area, based on our measurements, we do not believe it provides any practical additional space in the garage area. This scenario does not allow for any additional width in the garage itself, and the only area that could be created by removing a portion of the wall is approximately 5 feet in length. This area does not match up to where a car door would typically open, and even if it did, it only provides the passenger the ability to have additional space to get out. Also, even if they could get out of the car, they may still have to walk around the car in order to get out of the garage, and the width of the garage itself would be extremely tight. The driver would not be able to get out of his /her side of the car regardless. The width Inside each of the garages would be 8' - -7 , which is not compliant with current code, which is 9' -T% 2. On the second garage, the width would only be 74 ", which would require a custom garage door, and would create practical access issues for any oversized vehicle to enter the garage, based on the narrow width. There will still be issues with the ability to get in and out of the car once it was pulled into the garage area on either side. 3. In Option 3, we have reversed the width of each of the garages, and relocated the footing and demising wall to accommodate for an 8' opening on the left side of the property. However, the right side of the property only provides for a 7' wide opening, and the interior width of the garages are still both significantly sub - standard. It is our opinion, that all of these scenarios are impractical. Option 1, based on the significant modifications required to the property, and significant increase in cost, as well as the increase in scope of the project. Options 2 and 3 do not provide for a practical code - compliant scenario. 949 South Coast Drive, Suite 170 • Costa Mesa • CA 92626 Phone: 714 -556 -2656 • FAX: 714.556 -2696 0 I S T E R N ARCHITECTS mammon Mr. Jay Garcia Page Three April 28, 2005 It is our recommendation and our client's desire, based on our findings, to leave the existing two -car garage. Should you have any questions with regards to the information, or require any additional clariflcation prior to the hearing, please do not hesitate to contact me directly at (714) 556 -2656. Sincerely, Robert Stern cc: Barry Saywitz 949 South Coast Drive, Suite 170 . Cass Mesa . 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