HomeMy WebLinkAboutEspinoza Condo Conversion (PA2004-137)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
October 7, 2004
TO: PLANNING COMMISSION
FROM: James Campbell, Senior Planner
jcampbell@city.newport-beach.ca.us
(949) 644 -3210
SUBJECT: Espinoza Condominium Conversion (PA2004 -137)
• Condominium Conversion No. 2004 -014
• Newport Tract Map No. 2004 -002
• Coastal Residential Development Permit No. 2004 -001
PROJECT SITE: 329 Marguerite Avenue, Corona del Mar
APPLICANT: Maclovio Espinoza
2744 E. Coast Highway
Corona del Mar, CA 92625
DISCUSSION
This project was continued from the previous meeting to allow staff the opportunity to
provide additional information. The applicant has also taken the time since the last
meeting to consider further architectural enhancements to the exterior of the building in
an effort to freshen up the dated architecture. The applicant is preparing several
conceptual enhancement plans and other site improvements to the landscaping and
hardscape. The concepts will be presented by the applicant at the hearing. Staff
inadvertently did not include conditions related to subdivision improvements requested
by the Public Works Department. Necessary public improvements include the
reconstruction of most of the existing curb, gutter and sidewalks that abut the project
site a new handicapped ramp. These conditions are included in the attached revised
resolution.
Tentative Tract Man
The Commission requested additional information related to staffs statement in the
prior staff report as to the applicability of certain findings. Government Code Section
66427.2 removes the grounds for tentative map denial for the conversion of existing
buildings to condominiums.
°66427.2. Unless applicable general or specific plans contain definite objectives and policies,
specifically directed to the conversion of existing buildings into condominium projects or stock
cooperatives, the provisions of Sections 66473.5, 66474, and 66474.61, and subdivision (c) of
Section 66474.60 shall not apply to condominium projects or stock cooperatives, which consist
of the subdivision of airspace in an existing structure, unless new units are to be constructed or
added.
A city, county, or city and county acting pursuant to this section shall approve or disapprove
the conversion of an existing building to a stock cooperative within 120 days following receipt of
a completed application for approval of such conversion. This section shall not diminish, limit
or expand, other than as provided herein, the authority of any city, county, or city and county to
approve or disapprove condominium projects."
Sections 66474.61 and subdivision (c) of Section 66474.60 are not applicable to
Newport Beach as the population does not exceed 2.8 million people.
Section 66473.5 states that no local agency shall approve a tentative map, or a parcel
map for which a tentative map was not required, unless the legislative body finds that
the proposed subdivision, together with the provisions for its design and improvement,
is consistent with the general plan or any adopted specific plan.
Section 66474 contains 7 criteria for the denial of tentative maps and a legislative body
of a city or county shall deny approval of a tentative map, or a parcel map for which a
tentative map was not required, if it makes any of the following findings:
(a) That the proposed map is not consistent with applicable general and specific
plans as specified in Section 65451.
(b) That the design or improvement of the proposed subdivision is not
consistent with applicable general and specific plans.
(c) That the site is not physically suitable for the type of development.
(d) That the site is not physically suitable for the proposed density of
development.
(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.
(f) That the design of the subdivision or type of improvements is likely to cause
serious public health problems.
(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.
Espinoza Condominium Conversion (PA2004 -137)
October 7, 2004
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If Section 66427.2 is applicable, it would render all of the above mentioned findings
inapplicable to the proposed project.
Looking back to Section 66427.2, it must be noted that the General Plan does contain
two nearly identical policies related to the conversion of rental housing to ownership.
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 19.64.06O.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 %. 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 7.27% to 6.11% during the preceding three
quarters of 2004 and therefore, the conversion is consistent with the Land Use and
Housing Element policies.
Although the General Plan contains these policies, staff concluded that the Government
Code Section 66427.2 would be applicable and removed the findings above from
consideration as noted in the previous report because the General Plan Policies do not
pertain to the project. If it is determined that Section 66427.2 is applicable because the
General Plan has policies applicable to conversions (Policy G and Housing Element
Policy 2.1, Program 2.1.1) all of the findings above are required to be made. However,
even if the findings are applicable to this application, staff believes that a determination
of consistency with the General Plan can be made based upon the analysis presented
and the fact that the site is designated for Multi - Family Residential uses with no specific
density limitation. The General Plan indicates that existing nonconforming density was
carried forward within the development projections. Although staff has not presented a
detailed analysis of the remaining findings, staff believes that each of these findings
could be made.
Housing Statistics for Corona de/ Mar
The Commission also requested housing statistics for old Corona del Mar. Using
Census 2000 figures, there are 1,460 owner occupied units and 1,693 renter occupied
units in Corona del Mar (Exhibit No. 1). After removing the single family homes and
duplexes, there are approximately 50 lots with 178 apartment units and 13 lots with 131
condominiums. The 7 units in question are 3.9% of the apartment stock. Additionally,
there are only 2 condominium projects out of the 27 multi- family properties along
Marguerite Avenue between Bayside Drive and Seaview Avenue. These statistics
support staffs belief that the conversion will not impact the diversity of rental housing
stock within Corona del Mar.
Espinoza Condominium Conversion (PA2004 -137)
October 7, 2004
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Condominium Conversion Permit
Several Commissioners expressed reservations about the proposed conversion due to
a variety of factors and one inquiry explored the findings with the possible intent to deny
the request. First of all, the request must be found consistent with the Municipal Code.
Title 19 (Subdivisions) and Title 20 (Zoning) provide the standards and process to
regulate this type of project. Title 19 requires the requested Tentative Tract Map and
Condominium Conversion Permit to be consistent with the Subdivision Map Act (SMA).
Title 20 simply directs compliance with Title 19.
1. The Unintended Regulation?
Due to the Commission's inquiry, staff re- evaluated all Subdivision Code requirements
and came across one provision that should be discussed as it has a potentially
significant impact upon the project at hand as well as other conversion applications.
Section 19.64.030 (General Requirements), Subsection D states; "Applicable
Standards. Condominium conversion projects shall conform to: (1) The applicable
standards and requirements of the zonfng.dishict in which the project is located at the
time of approval Per Title 20 (Planning and Zoning); and (2) the applicable provisions of
this Subdivision Code." This requirement was added to the Subdivision Code in 2001
when the City adopted a the comprehensive update to the Title 19.
The question at hand is ... what are the applicable standards and requirements of the
zoning district at the time of approval? A literal interpretation of the language would lead
to the conclusion that the applicable standards are the standards in effect at the time of
the. approval of the condominium conversion permit. This would subject the application
and all other condominium conversion applications to current development standards of
the Zoning Code including, but not limited to, building height, floor area limits, open
space, setbacks and density (a specific standard allows a reduced parking standard).
Since the subject application is nonconforming in terms of density and setbacks, the
application could not be approved.
An alternative interpretation of this section is to apply zoning standards in effect at the
time of construction. This practice began in 1994 when the City eliminated a provision
of the code that required compliance with building and zoning standards in effect at the
time of conversion. The 1994 regulation change was intended to promote home
ownership by easing the conversion process. The Modifications Committee continued
to apply zoning standards in effect at the time of construction even after Section
19.64.030 above was adopted since the change was unintended and not analyzed.
Since the adoption of the Title 19 update in 2001, the Modifications Committee has
approved a modest number of condo conversions with setback and height
nonconformities. In one case, a conversion involved nonconformity density. These
cases were approved with the belief that the building considered for conversion met the
applicable zoning standards in effect at the time of construction.
Espinoza Condominium Conversion (PA2004 -137)
October 7, 2004
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The importance of this question cannot be understated in that if all condo conversions
are held to current development standards, many conversions that can be approved
under current the practice will no longer be able to occur or existing buildings will need
significant modification to comply with current standards. A discussion of whether or
not a conversion must comply with all applicable development standards of the current
code should occur so staff can react accordingly. Staff believes that conversions that
have the effect of preserving minor nonconformities might not be a significant problem
depending upon the specifics of a case; however, preserving nonconforming density or
land uses inconsistent with the Land Use Map is counterproductive to the long term
implementation and administration of the General Plan.
In summary, staff believes that Section 19.64.030.D cited above represents an
unintended policy shift as staff does not recall intending to foster such a change. If it is
determined that this section is truly the intent and policy of the City, staff will apply all
current zoning standards to all condominium conversion requests. Otherwise, a formal
interpretation that can be followed up by a code amendment is in. order.
2. Is the Conversion Detrimental?
Provided that the preceding policy question is decided such that further consideration of
the subject application can proceed, the Commission had reservations about the project
and was considering whether or not it is in the best interest of the City to approve it.
One of the standards of the Section 19.64.070 requires the exercise of discretion by the
approving authority, and all other standards are satisfied. Section 19.64.070.E states:
"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."
As noted, several Commissioners expressed some reservations regarding the
conversion of this building to condominium ownership due to the age and design of the
building as well as the presence of zoning nonconformities. Some Commissioners also
indicated the belief that should the conversion be approved, the change in ownership
(single to multiple owners) will significantly reduce if not eliminate the potential for the
future redevelopment of the site thereby effectively preserving the existing
nonconformities (density and minor setback encroachments) and sub - optimal parking
design.
As noted in the previous report, the MFR Zoning of the property would permit 6 units
where 7 presently exist. The site was developed in accordance with the approved plans
pursuant to Use Permit No. 275 in 1956. The density standard at that time was 1 unit
per 1,000 square feet of lot area, which was changed in the 1970s to 1 unit per each
1,200 square feet of lot area. The proposed conversion does not expand or alter the
basic nonconforming density. If the existing apartments are converted to
condominiums, Section 20.62.070.13 would preserve all nonconforming rights to the
condominium units if they were damaged or destroyed by fire earthquake, explosion, or
Espinoza Condominium Conversion (PA2004 -137)
October 7, 2004
Page 5 of 7
other disaster. No reduction in the number of units can be required by the City and the
replacement units would be permitted to be equivalent in size and location to the units
that were damaged or destroyed. In essence, once the building is converted to
condominiums, the nonconforming density is effectively ensured even in the event of
total destruction in a manner other than demolition. This level of protection is not
available to non - conforming apartments.
The building is a 1950's vintage apartment building that is not similar to present day
development trends. The dated architecture and open carports visible from Bayside
Drive and Marguerite Avenue is not the most aesthetically pleasing of sights in Corona
del Mar as well. The existing parking design requires vehicles parked in any of the 7
carport spaces to back directly onto Bayside Drive, which is not an optimal design from
a traffic safety standpoint. As noted previously, the applicant is developing exterior
enhancements to the site with the hope that the improvements will freshen up the dated
architecture. Included within the various concepts is a plan to install garage doors to
screen the parking.
In summary, these factors might collectively be considered detrimental to the
community in that the proposed conversion will significantly reduce opportunity for
future elimination of the shortcomings of the site and the nonconforming density will be
preserved indefinitely.
CONCLUSION
Should the Commission determine that the Zoning Standards in effect at the time of
construction of a building proposed to be converted to condominiums is the intended
standard; the Commission needs to determine whether or not the standards for
approval of a Condominium Conversion Permit can be made. Staff believes there are
facts to support the conclusion that the conversion would be detrimental to the
community. However, facts to support approval of the project also exist especially if the
applicant's exterior enhancements and the public improvements are implemented.
Should the Commission determine that current Zoning Standards are applicable; staff
recommends denial of the project based upon the project's inconsistency with density
and setback standards, and therefore, the inability to find the project compliant with the
Subdivision Code. The applicant would have the opportunity to modify the project to
bring the building into conformance with current standards, and should the applicant
desire to do so, a continuance might be necessary to allow the applicant time to modify
the design of the building.
If denial is directed, staff suggests a continuance for two weeks to prepare a resolution
Espinoza Condominium Conversion (PA2004 -137)
October 7, 2004
Page 6 of 7
The Planning Commission might conclude that the larger policy question might need
Council guidance, and in that case, staff suggests a continuance of sufficient duration
to accomplish that task. The City has until December 24, 2004 to act on the application
pursuant to Section 66427.2 of the Subdivision Map Act.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Prepared by:
JAMES W. CAMPBELL
Senior Planner
EXHIBITS
1. Map of Corona del Mar with housing statistics
2. Revised Resolution with conditions of approval
Espinoza Condominium Conversion (PA2004 -137)
October 7, 2004
Page 7 of 7
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING CONDOMINIUM CONVERSION NO.
2004 -014, NEWPORT TRACT MAP NO. 2004 -002 AND COASTAL
RESIDENTIAL DEVELOPMENT PERMIT NO. 2004-001 FOR
PROPERTY LOCATED AT 329 MARGURITE AVENUE (PA2004 -137).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY
FINDS, RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, an application was filed by Maclovio Espinoza requesting convert an
existing 7 -unit apartment building located at 329 Marguerite Avenue in Corona del Mar
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 Coastal Residential Development Permit.
WHEREAS, the Land Use Element of the General Plan and the certified Local
Coastal Program, Land Use Plan designate the project site as Multi - family Residential
and the site is zoned MFR (Multi - Family Residential).
WHEREAS, A public hearing was held on September 23, 2004 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:
1. The project was originally required to provide one parking space 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.
%I
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 10
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.
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 speck 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 Corona del Mar; however the elimination of
7 rental units will not create a detrimental impact to housing opportunities in the
City.
8. The establishment, maintenance or operation of the proposed 7 -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 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 7 -unit condominium is consistent with the Multi - Family
Residential designation of the Land Use Element of the General Plan and
Local Coastal Program, Land Use Plan.
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 Mufti - Family Residential designation
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 10
does not have a density standard and the Estimated Growth Table contained
within the Land Use Element for Statistical Area F3 accounts for the 7 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 19.64.060.1) 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 %. 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 7.27% to 6.11% during the
preceding three quarters of 2004. For these reasons, the subdivision is
consistent with Policy G and the Housing Element Policy 2.1, Program 2.1.1.
3. The project site is currently developed with a 7 -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 resource
value. The site has been developed with the 7 -unit complex since 1957, 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. Public utility easements for utility
connections that serve the project site are present and will be modified, if
necessary, to serve the new project. Therefore the proposed subdivision will not
impact public easements. Public improvements may be required of a developer
per Section 19 of the Municipal Code and Section 66411 of the Subdivision Map
Act and public improvements may be required of a developer per Section
20.91.040 of the Municipal Code.
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 7 rental units
will not create a detrimental impact to housing opportunities in the City.
13
City of Newport Beach
Planning Commission Resolution No.
Page 4 of 10
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 entire project is located within the coastal zone and requests the
conversion of 7 rental units within a single building to ownership and as such,
Government Code Section 65590 requires the replacement of any units occupied by low
or moderate income households. Information supplied by the applicant indicates that 2 of
the 7 units located at the subject property are occupied by low or moderate income
households. On -site replacement is not feasible taking into account the significant gap
between the projected $600,000 sales price and what a moderate income household
might be able to afford. Additionally, the long term administration of an affordability
contract for 2 units is undesirable. Due to the reduction in affordable units within the City
with the conversion proposed, the applicant should mitigate that loss through the payment
of an in -lieu fee to the City, which can be used to increase the affordable housing supply
within the City. An in -lieu fee of $13,500 per unit ($27,000 total) has been proposed by the
City and the applicant has agreed to the payment. A condition of approval has been
included that will ensure payment of this fee. With the payment of this in -lieu fee, the
proposed conversion is consistent with the provisions of Chapter 20.86 of the Municipal
Code and Government Code Section 65590.
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 apartment building to condominiums and
only minor interior and exterior improvements are planned and no expansion in the
number of units is proposed.
NOW, THEREFORE, BE IT RESOLVED
Section 1. Based on the aforementioned findings, the Planning Commission
hereby approves Condominium Conversion No. 2004 -014, Newport Tract Map No.
2004 -002 and Coastal Residential Development Permit No. 2004 -001 subject to the
conditions of approval set forth in Exhibit "A ".
jy
City of Newport Beach
Planning Commission Resolution No.
Page 5 of 10
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 23rd DAY OF SEPTEMBER 2004.
BY:
Larry Tucker, Chairman
M
Jeffrey Cole, Secretary
AYES:
NOES:
ABSENT:
1.5
City of Newport Beach
Planning Commission Resolution No.
Page 6 of 10
Exhibit "A"
CONDITIONS OF APPROVAL
CONDOMINIUM CONVERSION NO. 2004 -014
NEWPORT TRACT MAP NO. 2004-002
COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2004-001
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 7 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. The number of off- street parking spaces that were required at the time of the
original construction (7) 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.
6. All improvements shall be constructed as required by Ordinance and the Public
Worts Department.
7. All applicable Public Works Department plan check fees and inspection fees shall
be paid prior to recordation of the parcel map.
8. 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.
16
City of Newport Beach
Planning Commission Resolution No.
Page 7 of 10
9. 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.
10. 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.
11. Each dwelling unit shall be served with individual gas and electrical service
connection and shall maintain separate meters for the utilities.
12. 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.
13. 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.
14. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
15. 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.
17
City of Newport Beach
Planning Commission Resolution No. _
Page 8 of 10
16. 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.
17. Approval of Condominium Conversion No. 2004 -014, Newport Tract Map No.
2004 -002, Coastal Residential Development Permit No. 2004 -001 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 month unless an extension is granted by the Planning
Director in accordance with the provisions of Section 19.16 of the Newport Beach
Municipal Code.
18. 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.
19. Smoke detectors shall be provided in each bedroom.
20. The corrections listed by the Building Department in the special inspection report
shall be made prior to final of the condominium conversion permit.
21. 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.
22. 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.
23. 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.
24. The applicant shall contribute twenty-seven thousand dollars ($27,000) to the City's
affordable housing fund prior to the recordation of the final map.
25. 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 surveyortengineer 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
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Planning Commission Resolution No. _
Page 9 of 10
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.
26. 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.
27. A 7 -1/2 foot radius corner cutoff at the corner of Bayside Drive and Marguerite
Avenue shall be dedicated to the public for street and highway purposes and
shall be shown on the final map.
28. Prior to release for recordation of the Final Map, the existing private planter(s)
and walls that currently encroach within the Bayside Drive public right -of -way
shall be removed.
29. Prior to release for recordation of the Final Map, a full -width concrete sidewalk
shall be constructed along the entire Bayside Drive property frontage per City
Standards as the Bayside Drive was declared by the City Council as a Significant
Link street.
30. An ADA compliant curb access ramp shall be constructed at the southwesterly
corner of the Bayside Drive and Marguerite Avenue intersection and at the
intersection of Bayside Drive and the first alley west of Marguerite Avenue
adjacent to the development site prior to release for recordation of the Final Map.
31. Prior to release for recordation of the Final Map, existing damaged and/or uplifted
concrete sidewalk panels along the Marguerite Avenue frontage shall be
reconstructed.
32. Prior to release for recordation of the Final Map, new concrete curb and gutter
shall be constructed along the Bayside Drive and Marguerite Avenue frontages.
The cost of red curb painting on said curbs shall be paid by the Owner.
33. Per City water quality and on -site non -storm runoff retention requirements,
a. All existing planter weep holes that discharge onto the public right -of -way
shall be plugged; and
b. All existing or proposed building downspouts shall be retrofitted for on -site
retention; and
c. A bottomless trench drain or drains shall be installed along the Marguerite
Avenue property line across the width of the existing entrance to the
development.
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City of Newport Beach
Planning Commission Resolution No. _
Page 10 of 10
34. The existing carport finish floor surface is not at an elevation where storm runoff
traveling on Bayside Drive can be prevented from flooding the carports. The
subdivider shall submit a plan to the Public Works Department a plan showing
how the carports will be retrofitted to prevent flooding during storm events. The
retrofit shall be implemented prior to release for recordation of the Final Map
unless it is determined that such a retrofit is not feasible.
35. Unless otherwise permitted by the Public Works Department, all traffic lanes on
Bayside Drive and Marguerite Avenue shall be maintained at all times.
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