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HomeMy WebLinkAbout1648 - APPROVE CC, NEWPORT TRACT MAP AND CR_329 MARGUERITE AVERESOLUTION NO. 1648 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 and October 7, 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: The project was originally required to provide one parking space for each unit, which meets the minimum number required to be eligible for conversion. 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. City of Newport Beach Planning Commission Resolution No. 1648 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 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 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 Multi - Family Residential designation City of Newport Beach Planning Commission Resolution No. 1648 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.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 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. City of Newport Beach Planning Commission Resolution No. 1648 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 ". City of Newport Beach Planning Commission Resolution No. 1648 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 7th DAY OF OCTOBER 2004. AYES: Tucker. Selich and McDaniel NOES: Eaton and Toerge ABSENT: Cole BY: 'J -2 —r" l Lary Tucker, Chairman BY: 4 C ecretary City of Newport Beach Planning Commission Resolution No. 1648 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 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 Works 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. City of Newport Beach Planning Commission Resolution No. 1648 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. City of Newport Beach Planning Commission Resolution No. 1648 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 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 City of Newport Beach Planning Commission Resolution No. 1648 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. City of Newport Beach Planning Commission Resolution No. 1648 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. 36. 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.