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HomeMy WebLinkAboutDomingo Villas, Inc (PA2004-243) 757 Domingo DrCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 July 21, 2005 TO: PLANNING COMMISSION FROM: James Campbell, Senior Planner jeampbell@city.newport-beach.ca.us (949) 644 -3210 SUBJECT: Domingo Villas, Inc. Condominium Conversion (PA2004 -243) • Condominium Conversion No. 2004 -021 • Newport Tract Map No. 2004 -005 PROJECT SITE: 757 Domingo Drive APPLICANT: Domingo Villas, Inc., David Benson INTRODUCTION The applicant requests approval of a Condominium Conversion Permit and a Tentative Tract Map to convert an existing 8 -unit apartment building to condominiums for the purpose of individual sale. RECOMMENDATION At the conclusion of the public hearing, staff recommends that the Planning Commission approve Condominium Conversion No. 2004 -021, Newport Tract Map No. 2004 -005 (PA2004 -137) subject to the findings and conditions of approval within the draft resolution for project approval (Exhibit No. 1). DISCUSSION The existing 8 -unit apartment complex was constructed in 1966 when the site was zoned R -3. Six of the units are designed as townhomes and two units are stacked flats. The site has 16 parking spaces within carports. As noted, the applicant desires to convert the project to condominiums so that the units can be sold independently. The applicant plans an extensive renovation to both the interior and exterior of the units that will include new interior finishes, fixtures and windows, rehabilitated landscaping and enhanced paving. The exterior enhancement program includes larger private decks, garage doors for the carports, vehicular gates with a pergola, a new trash enclosure, entry kiosk, entry fountain with a project identification sign and other features all shown on the conceptual plans (Exhibit No. 2). Vicinity Map 757 Domingo Drive Current Development: The subject property is currently developed with an 8 -unit, two- sto a artment building with detached carports To the northeast: Private school — Our Lady Queen of Angels To the northwest: Multi-family residential To the southeast: Multi-family residential To the southwest: Open space General Plan Compliance 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 F3 accounts for the 8 existing units. Domingo Villas Condominium Conversion (PA2004 -243) July 21, 2005 Page 2 of 10 Zoning Compliance (Title 20 of the Municipal Code) The current development has several nonconformities from current zoning provisions. The project does not provide any guest parking. The site has 2 covered parking spaces per unit within carports and the current code requires 2 spaces per unit (1 covered) and 4 guest parking spaces. The applicant plans to add garage doors to the carports to create garages. 2. The buildings encroach into front and side yard setbacks. Additionally, the code does not allow garages to be located within the front % of the lot. The Planning Commission approved the encroachment of the garage structures on September 2, 1965. Each of these nonconformities is allowed to remain indefinitely although alterations and additions are restricted per Chapter 20.62 (Nonconforming Structures and Uses). The alterations planned are compliant with Chapter 20.62. The City Council has introduced an ordinance amending the minimum parking requirements for the conversion of multi- family residential projects. The pending amendment is not applicable to this project and parking will be discussed within this report. The applicant proposes several new encroachments into setbacks as part of the renovation and enhancement program. These features require the consideration of a Modification Permit. The features are as follows: 1. Front Yard — 20 feet minimum required: Vehicular gates, walls, pedestrian gate and pilasters at the western driveway — The gates and fences are planned to be approximately 6 feet in height and are planned to be setback between 4' -9" and 7' -8" in height. Four, stone wrapped pilasters are planned and will be approximately 14 feet in height and will flank each driveway and will support a trellis over each driveway. Trash enclosure near the north property corner - The roofed structure is approximately 9' x 10' and 8 feet in height and will be setback approximately 10 feet from the property line and would not provide a setback to the western property line. Fountain and project identification - The applicant plans to add a fountain and project identification sign to the existing wall of the carport facing the street located between the two driveways. The feature is approximately 12 feet high and would be approximately 2' -4" from the front property line. 2. Side Yard (west) — 10' -8" minimum required (8% lot width): Deck expansions for Units F & H — The applicant proposes to expand the existing decks for Unit H, which is located on the second level above Unit G. The two decks will provide 4 -foot setbacks to the western property line. The applicant also desires to expand the first level deck of Unit F by approximately 6 feet and the second level Domingo Villas Condominium Conversion (PA2004 -243) July 21, 2005 Page 3 of 10 deck by roughly 4 feet leaving approximately 4 feet to the property line for the lower deck and roughly T -6" to the property line for the upper deck. Modification Permit Findings Modification Permits require the City make the following findings should approval of the 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. All of the encroachments are neither necessary nor required by law. The existing residential buildings are oriented approximately 20 degrees from the side property lines to take advantage of canyon views. This orientation leaves the existing deck for Unit F within the sideyard setback. This orientation creates a hardship to expand the decks for Unit F in an identical manner to the other 5 townhome style units. The location and design of Unit H leaves no significant opportunity to provide outdoor living space without encroaching within the sideyard setback. The existing carport structures encroach roughly 14 feet within the front yard setback and the aesthetics of these structures is poor in staffs opinion. Any kind of significant architectural enhancement would require some consideration of additional encroachment. 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. 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 sideyard setbacks. The property directly to the west has similar carport encroachments. 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. Staff cannot support the proposed vehicular gates based upon traffic safety considerations. Vehicles entering the site would need to stack across the sidewalk and Domingo Villas Condominium Conversion (PA2004 -243) July 21, 2005 Page 4 of 10 should a second vehicle attempt entry at the same time, the street would be blocked. The Traffic Engineer informed the applicant of this determination and the applicant has agreed to remove the gates from the plan; however, revised plans have not been received. A condition of approval prohibiting the gates has been included. The other proposed encroachments within the front yard are not located in such a way as to block vehicle sight distance or impinge public walkways. The height of the proposed pilasters and pergolas is of concern, but they are pedestrian in scale and would be setback approximately 4' -6" from the sidewalk. The height and location of the trash enclosure would reduce open space visible from the street. The structure is setback 10 feet and landscaping proposed might soften the encroachment. All things being considered, staff believes that the aesthetic enhancements with the use of quality materials, accent lighting and landscaping improvements will mitigate the reduction in open space visible from the street. The encroachments within the west side yard for the decks will leave sufficient area for Fire Department access. There is a residential building to the west and approximately 15 feet of separation will remain and as such, the expanded decks should not prove detrimental to the immediate neighbors as light, air and access will remain. In summary, staff believes that each of the findings for approval can be made for the requested encroachments with the exception of the vehicular gates. Subdivision Compliance (Title 19 of the Municipal Code) Condominium conversions require that existing tenants be notified and be provided the opportunity to purchase the units. All of the existing tenants have been notified of this meeting in accordance with the Title 19 and Subdivision Map Act and they will receive future notices from the applicant related to the opportunity to purchase the units. The following standards are currently applicable to condominium conversions: A. 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 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. As noted, the applicant plans to install garage doors and aside from minor adjustments requested by the Traffic Engineer, the project will provide 2 spaces for each unit. As mentioned previously, the City Council has introduced an ordinance to amend this provision of the Subdivision Code. That amendment will require any proposed condominium conversion consisting of 3 or more units to comply with current Domingo Villas Condominium Conversion (PA2004 -243) July 21, 2005 Page 5 of 10 parking standards, which is 2.5 parking spaces per unit. The ordinance also would exempt this project as it is a complete application and furthermore, the effective date of the amendment will be extended to 90 day from adoption rather than the customary 30 days. The amendment is scheduled to be adopted on July 26. 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 retrofitted/flitted 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.. The project presently has separate water connections and separate water meters. 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 presently has a separate meter but the connection is above ground. The Building Director can consider issuing a waiver from this requirement if undergrounding is not physically possible. The applicant plans to underground the 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 corners 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. Domingo Villas Condominium Conversion (PA2004 -243) July 21, 2005 Page 6 of 10 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 8 units. The Domingo Drive area is developed with 238 units of which one project consisting of 18 units are condominiums. Eight units are less than 4% 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 8 units should not negatively affect the balance of housing within the City. I. 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 19.64.060.13 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 %. With the current project being less than 15 units, the vacancy rate is not relevant to compliance with Subdivision Code. The vacancy rate has been surveyed and it has ranged from 4.8% to 6.67% during the preceding four quarters with the average being 5.92 %. For these reasons, 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 an 8 unit density limit. Since there is no change in density, the Domingo Villas Condominium Conversion (PA2004 -243) July 21, 2005 Page 7 of 10 subdivision is consistent with the Land Use Element. No specific plan is applicable to the site area. (C) That the site is not physically suitable for the type of development. The site was developed in 1966 with the existing apartment complex. There is no known reason to think that the site is not physically suited for the conversion of the existing apartments to condominiums. (D) That the site is not physically suitable for the proposed density of development. See preceding finding. (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 are 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. No access or use easements have been acquired by the public at large related to this property. Domingo Villas Condominium Conversion (PA2004 -243) July 21, 2005 Page 8 of 10 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 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. Notices were also provided to all known tenants of the building. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Altematives The Commission has the option to disapprove the proposed subdivision if it is believed that the retention of the project as apartments is in the best interest of the City to maintain more rental opportunities in the area. The Commission can alter or deny or the Modification Permit should the findings not be evident. Domingo Villas Condominium Conversion (PA2004 -243) July 21, 2005 Page 9 of 10 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 as described previously can be approved with the exception of the vehicular access gates as it appears that facts to support the findings are evident. Submitted by: PATRICIA L. TEMPLE Planning Director EXHIBITS Draft resolution for project approval 2. Plans Prepared by: JAMES W. CAMPBELL Senior Planner VV Domingo Villas Condominium Conversion (PA2004 -243) July 21, 2005 Page 10 of 10 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDOMINIUM CONVERSION NO. 2004 -021, NEWPORT TRACT MAP NO. 2004 -005 AND MODIFICATION PERMIT NO. 2005 -066 FOR PROPERTY LOCATED AT 757 DOMINGO DRIVE (PA2004 -243). WHEREAS, an application was filed by David Benson, representing Domingo Villas, Inc., the property owner, requesting to convert an existing 8 -unit apartment building located at 757 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, 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, A public hearing was held on July 21, 2005 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. Additionally, notice of this hearing was provided to the tenants of the project site in accordance with Government Code Section 66452.9. Evidence, both written and oral, was presented to and considered by the Planning Commission at the meetings. WHEREAS, the project is consistent with Chapter 19.64 (Conversion of Rental Units to Ownership) for the following reasons: 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. 3. The project presently has separate water connections, as required. 4. The existing electrical connection will be placed underground, unless the Building Director issues a waiver if undergrounding is not feasible. 5. An inspection of the building was conducted by the Building Department and all deficiencies are required to be eliminated prior to the approval of the final tract map. City of Newport Beach Planning Commission Resolution No. Page 2 of 9 6. Permanent lot stakes and/or tags shall be installed at all lot corners by a licensed land surveyor or civil engineer. A comer 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 8 rental units will not create a detrimental impact to housing opportunities in the area or City. 8. The establishment, maintenance or operation of the proposed 8 -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 and underground the existing electrical service. 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 8 -unit condominium is consistent with the Multi - Family Residential designation of the Land Use Element of the General Plan. 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: 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 8 existing units. City of Newport Beach Planning Commission Resolution No. Page 3 of 9 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 19.64.060.13 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 %. With the current project being less than 15 units, the vacancy rate is not relevant to compliance with Subdivision Code even though the vacancy rate ranges from 4.8% to 6.67% during the preceding four quarters with the average being 5.92 %. 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 an 8 -unit, residential development and the proposed tract map is for condominium purposes only. The site is designated for mufti- 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 8 -unit complex since 1966, 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. 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 8 rental units in exchange for 8 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 4% 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. City of Newport Beach Planning Commission Resolution No, Page 4 of 9 WHEREAS, the proposed Modification Permit for setback encroachments as noted on the project plans, with the exception of any vehicular gates, are acceptable based upon the following: 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. The orientation of the existing buildings makes expanding the existing deck for Unit F, consistent with expanding the decks of the other 5 townhome style units, impossible without further encroaching within the side yard setback. The location and design of Unit H leaves no significant opportunity to provide outdoor living space without encroaching within the side yard setback. The existing carport structures encroach roughly 14 feet within the front yard setback and the aesthetics of these structures is poor. Any kind of significant architectural enhancement requires further encroachment of the front yard. 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. 2. The proposed encroachments in general are consistent with setbacks in the area where existing buildings routinely encroach within front and sideyard setbacks. The property directly to the west has similar carport encroachments. 3. The granting of the application, with the exception of any vehicular access control gates 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 for the following reasons: a) The proposed encroachments within the required front yard are not located in such a way as to block vehicle sight distance or impinge public walkways. b) The height of the proposed pilasters and pergolas are pedestrian in scale and would be setback approximately 4' -6" from the sidewalk. c) The height and location of the trash enclosure would reduce open space visible from the street, however it will be set back approximately 10 feet and landscaping will soften the encroachment. d) The aesthetic enhancements associated with the encroachments with the use of quality materials, accent lighting and landscaping improvements will mitigate the reduction in open space visible from the street. City of Newport Beach Planning Commission Resolution No. Page 5 of 9 e) The encroachments within the west side yard for the decks will leave sufficient area for Fire Department access. There is a residential building to the west and approximately 15 feet of separation will remain and as such, the expanded decks should not prove detrimental to the immediate neighbors as light, air and access will remain. 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 8 -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. 2004 -021, Newport Tract Map No. 2004 -005 And Modification Permit No. 2005 -066 subject to the conditions of approval set forth in Exhibit "A ". 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 or this action is call for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. ADOPTED THIS 213' DAY OF JULY 2005. BY: Michael Toerge, Chairman MR Barry Eaton, Secretary AYES: NOES: ABSENT: City of Newport Beach Planning Commission Resolution No. Page 6of9 Exhibit "A° CONDITIONS OF APPROVAL Condominium Conversion No. 2004 -021, Newport Tract Map No. 2004-005 & Modification Permit No. 2005 -066 1. The project shall be in substantial conformance with the submitted plot plan, floor plans and elevations, except as noted below. 2. No more than 8 dwelling units shall be permitted on the site. 3. 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. 4. 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. 5. Sixteen off-street parking spaces within 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. The site plan shall be revised to eliminate any obstruction to vehicular maneuvering that the City Traffic Engineer deems necessary. 7. Access driveways shall be widened to accommodate two -way traffic simultaneously. Both driveways shall conform to standard STD 110 -L for vehicular site distance. All landscaping within the sight line shall not exceed 24 inches in height. Landscape plans shall include a note regarding the height of landscaping within the site lines established by STD 110 -L. 8. Use of the garages for any purpose including the storage of household items that would preclude the parking of vehicles shall be prohibited. City of Newport Beach Planning Commission Resolution No. Page 7 of 9 9. All improvements shall be constructed as required by Ordinance and the Public Works Department. 10. All applicable Public Works Department plan check fees and inspection fees shall be paid prior to recordation of the parcel map. 11. 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. 12. 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 and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department through an encroachment permit or agreement if required. 13. Each dwelling unit shall be served with an individual water meter and sanitary sewer lateral and cleanout. Each water meter and cleanout shall be installed with a traffic -grade frame /box and cover within the public right -of -way per City Standards. 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. 14. Each dwelling unit shall be served with individual gas and electrical service connection and shall maintain separate meters for the utilities. 15. 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. 16. 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 City of Newport Beach Planning Commission Resolution No. Page 8 of 9 Building Department Plan Check Engineer shall verify the approved street number or addresses during the plan check process for the new or remodeled structure. 17. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 18. 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. 19. 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. 20. Approval of Condominium Conversion No. 2004 -021, Newport Tract Map No. 2004 -005 And Modification Permit No. 2005 -066 shall expire unless exercised within 36 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 36 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. 21. 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. 22. Smoke detectors shall be provided in each bedroom. 23. The corrections listed by the Building Department in the special inspection report shall be made prior to final of the condominium conversion permit. 24. 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. 25. 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. 26. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Permit. City of Newport Beach Planning Commission Resolution No. Page 9 of 9 27. 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. 28. 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. 29. Prior to release for recordation of the Final Map, any damaged and/or uplifted concrete sidewalk panels along the Domingo Drive frontage shall be reconstructed. 30. Per City water quality and on -site non -storm runoff retention requirements, all existing or proposed building downspouts shall be retrofitted for on -site retention. 31. The applicant shall prepare a detailed and dimensioned set of drawings (elevations, floor plans, site plan and landscape plan) specifying all materials to be used on the exterior of the project site including exterior finishes, plant species and sizes, hardscape materials. The drawings shall be reviewed and approved by the Planning Commission prior to the issuance of a building permit for the improvements. 32. Vehicular access control gates shall be prohibited. 33. Due to the location of the project adjacent to a Special Fire Protection Area, landscaping at the rear of the property adjacent shall be maintained in accordance with standard hazard reduction policies of the Fire Department. 34. The project shall be subject to Section 15.04.035 of the Municipal code as it regulates construction activities adjacent to Special Fire Protection Areas. r, fir.. 444 `1...... sire F� -..... ZM„” 2. Volk", IM, I z 2. 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