HomeMy WebLinkAboutDomingo Villas, Inc (PA2004-243) 757 Domingo DrCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
TO:
FROM:
SUBJECT:
PROJECT SITE:
APPLICANT:
DISCUSSION
Agenda Item No. 3
August 4, 2005
PLANNING COMMISSION
James Campbell, Senior Planner
(949) 644 -3210, jcampbell @city.newport- beach.ca.us
Domingo Villas, Inc. Condominium Conversion (PA2004 -243)
757 Domingo Drive
Domingo Villas, Inc., David Benson
This item was continued from the prior meeting (July 21, 2005) as notice of the meeting
was not mailed to the tenants of the property as required by the Municipal Code. A
revised public hearing notice was mailed to the tenants on July 22nd, more than 10 days
in advance of this meeting (Exhibit No. 1). Notices required by the Municipal Code have
been given.
As noted during the prior meeting, the applicant submitted a revised site plan noting the
removal of the vehicular access control gates and included an interior partition wall
within one garage (Exhibit No. 2). These changes were in response to comments by
the Traffic Engineer and are subject to further review pursuant to Condition Nos. 5 & 6.
A speaker at the prior meeting indicated that the "permit for the conversion has
expired." Staff researched the topic and found that the permit issued by the Building
Department for this project has indeed expired. The permit relates to the required
inspection of the complex by the Building Department—The inspector identifies any
deficiencies as compared to the Codes in effect when the buildings were built and
abatement of these deficiencies is required prior to the conversion (Condition No. 23).
Since the permit has expired as presumably corrections have not been completed, the
applicant must simply reapply.
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 revised draft resolution for project approval
attached as Exhibit No. 3.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
EXHIBITS
1. Notice and mailing list
2. Revised conceptual site plan
3. Revised draft resolution
Prepared by:
JAMES W. CAMPBELL
Senior Planner
Domingo Villas Condominium Conversion (PA2004 243)
August4,2005
Page 2 of 2
Jam Free Printing www.averycom
Use Avery® TEMPLATE 51600 �� 1- 800-60 -AVERY Ate® 5160
Melanie Macali and Sadie Macali
320 Canal Street
Newport Beach, CA. 92663
Lesley Elliott
757 Domingo Drive, Apartment D
Newport Beach, CA 92660
Michael Coulson, Marianne
Coulson and Lawrence Coulson
757 Domingo Drive, Apartment G
Newport Beach, CA 92660
Robert Rechord and Elizabeth
Densmore
757 Domingo Drive, Apartment B
Newport Beach, CA. 92660
Heath Friedman and Dana Saylor
757 Domingo Drive, Apartment E
Newport Beach, CA 92660
Michael Mount
757 Domingo Drive, Apartment H
Newport Beach, CA 92660
1 it 2�d `�- Z72
q/q /oS-
AJ c� -,M41 "7f 22las�
Selena Sandlin
757 Domingo Drive, Apartment C
Newport Beach, CA 92660
Robert Doug Herbst
757 Domingo Drive, Apartment F
Newport Beach, CA 92660
Exhibit No. 1
3
®0915 ® ��/ V A83At/-09'008-L ®091,5 3iVIdW3J. e+aw asn
wm JUane nnnnm bultu!id aaJd wet
NOTICE OF PUBLIC HEARING
Domingo Villas Condominium Conversion
PA2004 -243
Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a
public hearing on the application of Domingo Villas. Inc. requesting approval of Condominium
Conversion No. 2004 -021 and Tract Map No. 2004 -005 that would convert an existing 8 -unit
apartment complex into 8 units for individual ownership and sale. The project also includes the
interior and exterior renovation of the existing residences and detached garages and the
installation of new hardscape, landscaping and new exterior decks. The application also includes a
request for a Modification Permit (MD2005 -066) to allow expanded decks, a fountain, vehicular
gates and a trash enclosure within the side and from setbacks. The project site is located at 757
Domingo Drive and it within the MFR (Multi - Family Residential) zone.
The project qualifies for a Categorically Exemption pursuant to Section 15301 (Existing Facilities)
of the implementing Guidelines of the California Environmental Quality Act as the project only
consists of the minor alteration of existing development with no expansion of use on a developed
site with no environmentally significant resources present.
Notice is hereby further given that said public hearing will be held on the 0 day of August, at
the hour of 6:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport
Boulevard, Newport Beach, California, at which time and place any and all persons interested may
appear and be heard thereon. If you challenge this project in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City at, or prior to, the public hearing. For information call
(949) 644 -3200.
Jeffrey Cole, Secretary, Planning Commission, City of Newport Beach.
NOTE: The expense of this notice is paid from a filing fee collected from the applicant
A
N
O
w wum
•.i i
I N
♦
F-
a � I
it I�
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 and August 4, 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.
EXHIBIT No. 3
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 corner record or record of survey shall be
recorded in accordance with applicable laws.
7. The General Plan does not include any specific goals for the dispersion of rental
housing within the area and the conversion from rental to ownership will reduce
the number of rental opportunities in the area; however the elimination of 8 rental
units will not create a detrimental impact to housing opportunities in the area or
City.
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 Mufti - 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.
t�
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.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 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 multi - family residential use by the General Plan. The site presently
has no known environmental resources that would be affected by the physical
upgrades to the site required to convert the apartments to individual ownership.
The subdivision will not likely create significant environmental impacts due to the
limited physical changes proposed and the fact that the site has no
environmental resource value. The site has been developed with the 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.
0
Planning Commission
City of Newport Beach
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 4m DAY OF AUGUST 2005
BY:
Michael Toerge, Chairman
M
Barry Eaton, Secretary
AYES:
NOES:
ABSENT:
1)i
City of Newport Beach
Planning Commission Resolution No.
Page 6 of 9
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.
iaL
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
p
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.
15