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HomeMy WebLinkAbout18 - PA2004-137 - Espinoza Condominium Conversion - 329 Marguerite AvenueCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT • Agenda Item: is November 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department James Campbell, Senior Planner, (949) 644 -3210 jcampbell@city.newport-beach.ca.us 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 0 RECOMMENDATION Staff recommends that the City Council affirm the action of the Planning Commission. DISCUSSION The Planning Commission approved the referenced applications on October 7, 2004 by a 3 -2 vote. Mayor Ridgeway called this item for review on October 12, 2004. The applicant proposes to convert an existing 7 -unit apartment building built in 1956 to condominiums for individual sale. The project site is located at the southwest corner of the intersection of Bayside Drive and Marguerite Avenue. The project provides 1 parking space per unit, which is the amount of parking required when the site was developed. The project fully complies with existing condominium conversion standards and all utilities will be separated and upgraded as required by the Code. A complete discussion of the standards applicable to condominium conversions can be found on Pages 4 through 7 of the Planning Commission Staff Report dated September 23, 2004 (Attachment 2). The Planning Commission was very concerned about the dated appearance of the exterior of the building. Additionally, the Commission expressed concern about the Espinoza Condominium Conversion (PA2004 -137) November 23, 2004 Page 2 of 3 amount and design of the parking provided on -site. Lastly, the Commission was concerned about the fact that the existing nonconformities of the site would be preserved as a result of the conversion. The project provides the minimum parking spaces be eligible for conversion. Parking is available directly across Bayside Drive in the City municipal parking lot. Although the design of the 7 on -site spaces, which require direct access to Bayside Drive, is not optimal, the reconstruction of the abutting public improvements and the removal of encroachments within the public right of way improve the situation. The applicant responded to the concern of the dated exterior appearance of the site by proposing a complete renovation of the exterior (Exhibit No. 4). The final renovation plans will be reviewed by the Commission prior to implementation. The applicant is also providing garage doors to screen the existing tuck under parking. On balance, the Commission believed that the improvements and reinvestment into the property outweighed the preservation of the nonconformities. The attached Planning Commission staff reports and minutes from their meetings ate attached for review and they provide additional detail on the issues highlighted in this report. 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 is 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. ALTERNATIVE The City Council has the option to deny the request — this option is warranted if the Council determines that the approval of the applications is detrimental to the community in some respect. In this event, staff recommends the Council continue the item to the next meeting so staff can prepare written findings for denial. 0 0 Submitted by: PATRICIA L. TEMPLE Planning Director Espinoza Condominium Conversion (PA2004 -137) November 23, 2004 Page 3 of 3 Prepared by: JAMES W. CAMPBELL Senior Planner EXHIBITS 1. Planning Commission Resolution 2. Planning Commission Staff Report Dated September 23, 2004 3. Excerpt of the Minutes of the September 23, 2004 Planning Commission meeting 4. Planning Commission Staff Report Dated October 7, 2004 5. Excerpt of the Minutes of the October 7, 2004 Planning Commission meeting 6. Exterior improvement concept PA2004- 137_11- 23- 04_ccrpt.doc 0 Ll MA I -: tal E h • RESOLUTION 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: 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. 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 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 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 riot 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 t• 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. CI 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 p .;ment. 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 improvernents 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 ". • 16 0 City of Newport Beach Planning Commission Resolution No. 1648 Page 5 of 10 9 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. BY: �'D -2 Larry Tucker, Chairman BY: Jef C ecretary AYES: Tucker. Selich and McDaniel NOES: Eaton and Toerge ABSENT: Cole 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 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 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. 0 I�- City of Newport Beach Planning Commission Resolution No. 1648 Page 7 of 10 0 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 framelbox 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. 0 13 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 snail contribute twenty -seven thousand dollars ($27,000) to the Citys 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 1 `� City of Newport Beach Planning Commission Resolution No. 1648 Page 9 of 10 0 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. 0 15 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. 0 0 )b 0 U EXHIBIT 2 11 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT 0 Agenda Item No. 3 September 23, 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 INTRODUCTION The applicant requests approval of a Condominium Conversion Permit and a Tentative Tract Map to convert an existing 7 -unit apartment building to condominiums for the purpose of individual sale. The Coastal Residential Development Permit relates to compliance with affordable housing regulations applicable within the Coastal Zone. RECOMMENDATION At the conclusion of the public hearing, staff recommends that the Planning Commission approve Condominium Conversion No. 2004 -014, Newport Tract Map No. 2004 -002 and Coastal Residential Development Permit No. 2004 -001 (PA2004 -137) subject to the findings and conditions of approval within the draft resolution for project approval (Exhibit No. 1). 11 Vicinity Map 329 Marguerite Avenue Corona del Mar Current Development: The subject property is currently developed with a seven unit, two-story apartment building with a pool To the north: Municipal parking lot and a restaurant To the east: Multi-family residential uses and commercial uses To the south: Multi-family residential uses To the west: Single and two family residences DISCUSSION In November of 1956, the City approved Use Permit No. 275 allowing the construction of the existing 7 -unit apartment building in the R -3 zone and the construction took place in accordance with the plans in 1957. The project supplied 1 parking space for each unit and the project has a pool. As noted, the applicant desires to convert the project to condominiums so that the units can be sold independently. The applicant is currently renovating and updating the interior of the units. The only exterior improvements planned are maintenance and painting. O E 1J Espinoza Condominium Conversion (PA2004 -137) September 23, 2004 '. b Page 2 of 7 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 7 existing units. Zoning Compliance (Title 20 of the Municipal Code) The current development has several nonconformities from current zoning provisions. 1. The site has one more unit than the MFR zone would allow. Presently, the MFR zone would permit 1 unit for each 1,200 .square foot of lot area, which would permit 6 units on the 7,316 square foot lot. The site was developed with 7 units when the density standard was 1 unit for each 1,000 square foot of lot area. 2. The project provides less than the minimum required parking. The site has one covered parking space per unit (carports) and the current code requires 2 spaces per unit (1 covered) and 4 guest parking spaces. 3. The buildings have minor encroachments into setbacks. All setbacks for this lot are a minimum of 5 feet per the zoning code and the District Map. Based upon the site plan submitted and field reconnaissance, the building appears to encroach approximately 1 -foot into the front setback, 3-4 feet into the side yard facing Bayside Drive for a portion of the building, 1 -foot into the opposite side yard and 1 -2 feet for portions of the building into the alley setback. Each of these nonconformities is allowed to remain indefinitely; however, alterations and additions are restricted per Chapter 20.62 (Nonconforming Structures and Uses). The renovations currently underway have been permitted by staff in accordance with applicable regulations. Condominium conversions are not regulated by the Zoning Ordinance but are regulated by Title 19 (Subdivisions), which is discussed below. Chapter 20.86 (Low Income Housing within the Coastal Zone) requires an evaluation of the potential loss of affordable housing when three or more units are demolished or converted to condominiums. This requirement implements Section 65590 of the Government Code, which requires the replacement of eliminated affordable housing within the Coastal Zone. The project site is within the Coastal Zone and based upon information submitted by the applicant, 2 units were occupied by low or moderate income households. The feasibility of requiring replacement units to be provided on -site was evaluated by staff, and it was determined that requiring the replacement units on site would not be feasible. This determination took into account the significant gap between the projected $600,000 sales price and what a moderate income household might be able to afford and the long term administration of the affordability contract. Espinoza Condominium Conversion (PA2004 -137) September 23, 2004 Page 3 of 7 Staff has requested the applicant to pay an in -lieu fee in the amount of $13,500 per unit ($27,000 total). This fee is the amount of the City's contribution to the Bayview Landing affordable housing project and the applicant has agreed to pay the fee. 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 related to the opportunity to purchase the units. New subdivisions are also required to provide underground utility connections. The existing electrical and cable service is above ground and a standard condition of approval has been included that will require the project to underground these utilities to the nearest pole unless it is determined to be infeasible from a construction standpoint by the Public Works and Building Director. The following standards are 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 one space for each unit. 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 this case. C. Each sewer lateral shall be retrofitted/fitted 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. 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 utility meter but the utility connection is above ground. The Building 0 Espinoza Condominium Conversion (PA2004 -137) September 23, 2004 Page 4 of 7 Director can consider issuing a waiver from this requirement it undergrounding is not feasible. 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 deficiencies and many of the deficiencies were related to the on -going renovation of the building. The remaining deficiencies were minor in nature (smoke detectors) and 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. 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 Corona del Mar. It is not known how many rental opportunities exist within the area, but it is not likely that the project will create a detrimental impact to housing opportunities. 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 as the project will only necessitate the undergrounding of electrical service and separation of server connections. Construction - related work will be temporary in nature and the long term operation of the site will not change from current conditions. Staff does not see any negative physical or environmental issues against making this finding. Condominium Conversions also require the approval of parcel maps or tract maps as the case may be. Pursuant to Section 19.12.070 of the City Subdivision Code, several findings for the approval of a tentative tract map are required; however, many of the typical subdivisions findings, including the finding that the subdivision is consistent with the General Plan, are rendered inapplicable to condominium conversions by Espinoza Condominium Conversion (PA2004 -137) September 23, 2004 93 Page 5 of 7 Government Code Section 66427.2. In this case, the proposed subdivision is consistent with the Multi - Family Residential designation of the property. The following remaining findings are applicable: 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. Environmental Review This project qualifies for a Categorically E= xemption 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. Alternatives The Commission has the option to disapprove the proposed subdivision if it is believed that the retention of the project as apartments if in the best interest of the City to maintain more rental opportunities in the area. Project denial will not retain the two units that were occupied by low or moderate income households. The applicant would retain the ability to adjust rents as desired. Espinoza Condominium Conversion (PA2004 -137) l September 23, 2004 Page 6 of 7 SAROUK ORIENTAL RUGS & 9 ANTIQUES 0 November 11, 2004 Dear Mr. Campbell, We received a letter from your office, dated November 7'h, 2004, regarding the terrmnation of the commercial use of the 2°d floor of our building located on 2610 'h East Coast Highway in Corona Del Mar. It is imperative to mention that it was indeed the city of Newport Beach itself that issued the commercial pertnit which allowed business operations on the second floor of the building. Our tenant, Dr. Gail Lawrence, currend a v has a three -year lease with a renewal option for n additional three years. Your short notice of vacating the premises in one month causes us, the landlords, as well as Dr. Lawrence, an unfair and unnecessary financial burden and we would like to appeal for some additional tune. In spite of our desire to continue our present business establishment, Sarouk Oriental Rugs & Antiques, we have decided to move and as a courtesy, we have deiced to lease our own present space at 2610 East Coast Highway, which is located on the first floor of the same building, to our above- mentioned tenant who is currently occupying the second floor. Since we are going to fully cooperate with vour request and terminate our agreement with this upstairs commercial tenant in such a short notice, we are hereby requesting an additional rime period, one year to be exact, to facilitate the move, both for us as well as for our tenant. The reason being, we need ample time to search for another location not to mention moving our very heavy and large volume of merchandise out of the premises, followed by some structural repairs and upgrades before the place can be operational and suited for our tenant to make the move from upstairs — unit 2610'/2 to the downstairs unit, #2610. We greatly appreciate your cooperation in this matter as we are trying our best to facilitate and accommodate our commercial tenants who in turn generate thousands of dollars in tax revenue for the city of Newport Beach. Kind Regards, ,7/"0/0'Y< 'W 43441 Gholamreza Azadgan 2610 EAST COAST HIGHWAY • CORONA DEL MAR, CA 92625 PHONE: (949) 720 -1777 FAX: (949) 720 -0241 n GALE LkWKENCi~ M.D. enMILYMBDICNP. i5oo PAcrp,.c COAST HIOEW.w. Ss.+t 93AC_, CA 90746 Telephone (S62) 596-4246 Fax 1552)596.197T Nm,cmber 12, 2OD4 Dan Reza, I would like tt, dztify my business in Corona del Diu. Cutrently, I b=e a full-tim.e snedical practice in S=) Hcach. I have beet pracdci,ag medicine for 16 ,,•e(zrs and play on continuing for many more. M-v practice is family medicine and it enta is treating between 40 and 611 patients a dry f* a v-v'' tt, of tncdical conditions. My business o_•ientation in Corona del Diar is complete)y different. I do NOT see or treat ant pallet+.,;. for medical conditions. I do howeoer see 1.3 patients, three days a week by appoietmen, on:y :r..r. Botox and Collagen lip cnhanccmant• Normally, patients will come in it:dividunliy for Pprcx rsttly or_e ho=- M!e nature of this business is personalized cosmetic mid aesthetic ;i& care. and it is no wey inclu iee medical treatment of any sort If You haws any f=ther ccrice:ns, please feel free to contact me. Thank you for yo',tr ume) Sinccrcly ' GRh( aa2ence, TNMI E 0 0 CONCLUSION Staff believes the application meets all established standards for a condominium conversion and tentative tract map and that the loss of the rental opportunities is not detrimental to the City. Additionally, the acceptance of the in -lieu fee is adequate compensation for the elimination of two affordable dwelling units. Therefore, staff believes the applications should be approved. Submitted by: PATRICIA L. TEMPLE Planning Director EXHIBITS 2. Plans Prepared by: JAMES W. CAMPBELL Senior Planner Espinoza Condominium Conversion (PA2004 -137) September 23, 2004 Page 7 of 7 2 �V C6 n N v N E i it s qG 3 __ _ - _ - - _._._- _ 40 "30'19" E_ 54.08', �� _N _ ---- r .— -- '--- I -------------- I 31 , 1 c = =i u � � 1� I!I >-S�OFf Mu�N-r,Wl(��NG)GE. n � � 1 N t � „ { l I* 0 gT2004 -002 PA2004 -137 for CC2004gltf;plol 329 Maf9Fue{EET NG' RR MARGUFRITF AVENUE mow pATEp • MINI IN 7m �oli Fw--mllml ■ ■ • , L L L - - ----------- wo, IN 7m �oli Fw--mllml ■ ■ • , L L L - - ----------- LL qi J1 3� m w 3 0 0 0 5%l 0 0 0 z ti ■ O �l 0 33 0 9 gf S i i i � I i �1 Z 0 a w J W H Z O K w N � r o w m 3 a J W W O ^I N w W J LJ I E 3 "3 0 Z 0 0 r'1 LJ 3( 35 Nu -.` - -- --- -� -.._ I 1 I 1 I 1 I I ____ 1 1) II !1 II I I 1 II 11 1 11 I 11 1 11 11 11 I II 11 11 ' 1 11 II II 1-_ 11 11 q II 11 II II ' - II 4 11 11 n U+IMBI 11 �I 11 II II II 11 11 II I 11 � )hi6 li -J 11 p ij I C � 1 Nu -.` - -- --- -� -.._ I I I 1 I 1 I 1 I 1 I I ____ I I 1 I I I 1 — � 1 1 I I I 1 I I 1 I I BEDROOM BEDROOM I I I I � I I I aw n — I I � I I I I 1 I 1 I 1 t R KBCN", I I d 1 I uvm Q I 1 I I I 1 I I • "r I I I 1 t 1 I NOOK 1 I I I I I � 1 I I 1 � I j I I NOOK I I I I I R I i I WING I 1 1 KIfCNFN I I I I 1 I I 6 1 i I t I I 1 I I BEDROOM I BFDROOU I � I 1 I 1 _ 1 1 I � 1 I I I t I 1 1 1 E I 1 1 BE m t 1 I I I I � BEORDOM 1 I I 1 I I • � m I I I 1 1 au.coNrI l I 1 Ib 1 I - I KIIONNEN I I ! _ 1 I I I I I I,P1HG � 1 1 I I I I I � r -r 1/DON I I � I 1 1 1 0 J I- 0 r -- 1 1 I I 1 I I 1 I ,.s Y I 1 I 1 I I I I 1 I I I , I I 1 1 I I 1 °l I I I 1 4 V 1 i 1 I 11 -------- - - - - -j 1 I I I I I I I I f I I I !I 1 I 1 1 I } I 1 I I 1 I 1 I I 1 Y 1 I 1 I 1 1 1 I 1 I 1 1 1 1 1 I „ 1 1 4 I 1 I 1 I I I 1 I 1 t 1 I 1 } Y 1 I 4 1 t I 1 I t 1 -- t 1 t 1 I I I 1 1 1 I �� II Y l { I I s 1 I I I L---------- - - - - -J !I 1 I 1 1 I } I 1 I I 1 I 1 I I 1 Y 1 I 1 I 1 1 1 I 1 I 1 1 1 1 1 I „ 1 1 4 I 1 I 1 I I I 1 I 1 t 1 I 1 } Y 1 I 4 1 t I 1 I t 1 -- t 1 t 1 I I I 1 1 1 I �� II Y l { I I s 1 I WINOW MR. STOR. STM STOR now. I STOR. SiOR. STOR. MM SPACE STORAGE STALL 11 STALL 12 STALL �3 $TALL 14 STU.E Is STALL FS 5 ALL #] I I II II II II II II II II II II yI II li II �1 I I II 11 II II II II II yi II yy 11 yl II yl II 11 11 ly II yl 11 11 11 11 II II II II II yl II II II yi II II it II II II II II II 11 II II II I II ly II yl 11 II II II 11 I • TENTATIVE TRACT IN THE CITY OF NEWPORT BEACH, COUNTY, OF FOR CONDOMINIUM VICINITY MAP SUNSET HOMES, INC. 4]M G CQPq{1 2 MW 9 }4 IEIEPAYNE (t19) u6 075j PREPARED BY: DAVID: W. GRAVE! u lwe x" wnxd q �asNx IoW AP 1667; ANGE, STATE OF CALIFORNIA ?POSES j I a � � v4�'oWIB44 p" M DP. }31-09 A Fw s CIY \\ ? "F R CAU \d1'. I � � I I _ MARGUERITE i Y. OC ALLEY N 4078'19' E 54.08' tD6.166LD CORD 9 T ; DATE. FEBRUARY 25, 2004 I ASSESSOR'S PARCEL NUMBER V ° o cc Dads ' % M 2 -102-z! :. 1 LEGAL DESCRIPTION: IM Z. lZ A M NCR &H IMY 10 FOU bF IDI 47 KIAFlL DEWS.�P11 6 9`'S H SFO � I Y6tp.UxM .1 RE IS OF p4NC =W.. ��� t MULR!lpUM1Y BUI[DINCI I J:M \ p G `A p8 q� 'YJ c ISO' W i LOT 12 — — — — I e ca o,�n Qi ego MULTI -f IDING I IXISTNC H NULR -fANRY BONDING pell�C i /I \ I I I N F 4'. I•� I ' �`9e I 0 oN 10'J079' E Air+ 89,81' ' 8 � 0, s:�iBFJ. Fc 'IF 4 +9 4p 0, s j 0 I Gy �Ti F MARGUERITE i Y. 9 EXHIBIT 3 t,ji Planning Commission Minutes 09/23/2004 4 r L 4 Page 2 of 23 �a f e.i uaDi »nmm�o�� H Inmonnne S ECT: MINUTES of the regular meeting of September 9, 2004. ITEM NO. 1 Motion s made by Commissioner Toerge to approved the minutes as amended. Approved Ayes: , Tucker, Selich and McDaniel Noes: \Eaton Absent: Abstain: E ARING ITEMS SUBJECT: Balboa Theater (PA2 -032) ITEM NO. 2 707 East Balboa Boule d PA2004 -032 Request for approval of a Use Permit for t Balboa Performing Arts Theater, a Approved designated Landmark Building and permitted to allow an increase in building height up to a maximum of 55 feet pursuant to S tion 20.65.070 of the Municipal Code. Public comment was opened. arol Hoffman, representing the applicant, noted that they ha they have worked very hard to meet all the Balboa Design Guidelines. They are v excited about the future of this theater and request approval of this application. Public comment was closed. Motion was made by Commissioner Cole to approve Use Permit No. 2004 -0 to allow the Balboa Theater to increase in height up to a maximum of 55 feet, subje to the findings and conditions of approval within the draft resolution. Ayes: Cole, Toerge, Tucker, Selich and McDaniel Noes: None Absent: Eaton Abstain: None SUBJECT: Espinoza Condo Conversion and Tract Map (PA2004 -137) ITEM NO. 3 329 Marguerite Avenue PA2004 -137 The Condominium Conversion and Tentative Tract Map relate to the conversion of Continued to n existing 7 unit apartment building to condominiums for the purpose of individual 1010712004 Pale. The Coastal Residential Development permit Application relates to compliance with affordable housing regulations applicable within the Coastal Zone. t1 '� �a f e.i uaDi »nmm�o�� H Inmonnne Planning Commission Minutes 09/23/2004 Senior Planner Jim Campbell outlined the project, as described in the staff report, ,toting the following: . Convert a 7 -unit apartment building to condominiums . Applicant is renovating the interior. Painting and routine maintenance are the only upgrades to the exterior . Although several nonconformities exist, the project can proceed, as it complies with condo conversion provisions of the Municipal Code . Findings for the Tract Map can be made and are outlined in the staff report. . An in -lieu fee, paid by the applicant to the City's Affordable Housing Fund, would satisfy the requirements of the Coastal Residential Development Permit application, as two low /moderate households would be displaced Commissioner Selich posed a question to the Acting City Attorney regarding Section 66427.2 of the State Subdivision Map Act. Ms. Clauson replied that she had not reviewed that section and could not verify the statement related to that section in the staff report. Discussion ensued between Commissioner Selich and Mr. Campbell regarding the supply of rental housing and the number of condo conversions in Corona del Mar. Commissioner McDaniel inquired about the two parking space requirement, and he was told, by Director Temple, that the two- space- per -unit standard dated back to the 1960's. Commissioner Cole discussed the City's in -lieu fee with Mr. Campbell, and it was indicated that a formal fee would eventually go before the City Council to be established. Mr. Campbell also mentioned that the proceeds would benefit the City's Affordable Housing Fund and not be directed to any single project. Maclovio Espinoza commented that he was doing the condo conversion for the people and asked that it be approved. Chairperson Tucker posed a question to David Graves, Civil Engineer for the project, regarding exterior improvements. Mr. Graves remarked that the owner had few plans to update exterior other than ,paint and the addition of basic landscape and hardscape improvements. Page 3 of 23 L 9 `I i ninRnnna Planning Commission Minutes 09/2' )/2004 41 41 Page 4 of 23 Chairperson Tucker opened the matter for public comment. A member of the public stated that he planned to purchase one of the condos. Commissioner Selich expressed concern over the following: I . Adaptability of the building to condos, specifically: • Parking concerns • Impact to rental supply • Exemption of Section 66427.2 of the Subdivision Map Act He also recommended a continuance to obtain additional information from staff. Commissioner McDaniel echoed the concerns of Commissioner Selich. Further discussion ensued regarding the subdivision findings and whether the proposed conversion was in the best interest of the City. Motion was made by Commissioner Selich to continue this item to October 7, 2004. Ayes: Cole, Toerge, Tucker, Selich and McDaniel Noes: None Absent: Eaton Abstain: None CT: Gates Residence Appeal (PA2004 -208) ITEM NO. 4 505 J Street PA2004 -208 Appeal of the de 'nation of compliance with the provisions of Chapter 20.65 of Continued to the Newport Beach .. ipal Code (building Height) by the Planning Director 1012112004 related to the approval of a revision for a project at 505 J Street. The appeal contests the correctness of that ination. Ms. Temple noted that the appellant has req ted that this item be continued to October 21, 2004. However, there is a possibility t this item will be resolved and therefore will not be heard by the Planning Commissio . Motion was made by Chairperson Tucker to continue this item to ober 21, 2004. Ayes: Cole, Toerge, Tucker, Selich and McDaniel MNoes: None Absent: Eaton Abstain: None LA EXHIBIT 4 E p 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 Map 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. to 066427.2 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 irequired, 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 Page 2 of 7 5� 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 19.64.060.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. 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 del 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 muiti - 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 Page 3 of 7 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 zoning.district 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 non conformities. 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. 0 Espinoza Condominium Conversion (PA2004 -137) October7,2004 6a Page 4 of 7 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.D 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 rnost 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 a!!Ow 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. 0 Espinoza Condominium Conversion (PA2004 -137) October 7, 2004 / Page 6 of 7 F� Ll 0 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 �a ; s° ' o ' ; tk�.GeWitiea"f ,a rev l Espinoza Condominium Conversion (PA2004 -137) October 7, 2004 Page 7 of 7 Blank 9 won .i c "'at i3 \\ <.✓ Ix co to A4 \ Mi kIN r A O cc to • OM10 N1 iii N to CM ft _ � d L +: + 1 L w O 1 O 0 w F- ■ V d LO c ca wL� a 0 EXHIBIT 5 P w Planning Commission Minutes 10/07/2004 Page 2 of 12 ent: Cole Abslbk. I Eaton HEARING ITEMS SUBJECT: Sweeney 401 -403 Appeal of the Planning Director's measuring structure height appeal (PA2004 -206) Avenue of grade for the purpose of Ms. Temple reported that the applicant has uested this matter be continue to October 21, 2004. Motion was made by Chairperson Tucker to continue is item to October 21, 2004. Ayes: Eaton, Toerge, Tucker, Selich and McDaniel No None Absent: Cole Abstain: None ITEM NO. 2 PA2004 -206 Continued to 10/21/2004 SUBJECT: Espinoza Condo Conversion and Tract Map (PA2004- ITEM NO. 3 137) PA2004 -137 329 Marguerite Avenue Approved The Condominium Conversion and Tentative Tract Map relate to the conversion of an existing 7 unit apartment building to condominiums for the purpose of individual sale. The Coastal Residential Development Permit application relates to compliance with affordable housing regulations applicable within the Coastal Zone. Chairperson Tucker noted this matter was before the Commission previously. At that time issues were raised and staff has come back with responses in this staff report. Mr. Campbell affirmed that staff would like direction on the issue as to whether or not the applicable development standards are those as of the date the project was originally built or the conversion date. Commissioner Eaton discussed how the Modifications Committee dealt with the number of condo conversions with setback and height nonconformities and asked how many of the condo conversions are new duplex construction and how many have nonconformities. Mr. Campbell answered that approximately 1/3 of the applications 61 file: //H:\Plancomm \2004 \1007.htm 11/5/2004 Planning Commission Minutes 10/07/2004 have non - conformities such as minor encroachments into the setbacks, as well as one or two cases that the buildings were over the height limit. In one case there was a nonconforming density that was a duplex in a single family area. None of these are new condo conversion applications. There have been 62 conversions done in the last four and one half years of .which approximately 95% were duplexes; there are a few triplexes that have been converted but nothing any larger during the time studied. Ms. Temple added that not every non - conformity can be approved by the Modifications Committee if the current standards are applied. For instance a building over the height limit would require approval through a variance. Commissioner Selich noted that the issue before the Commission is to continue the existing practice or do a completely new interpretation of the Code beyond what has been done in the past as far as meeting new development standards except for the parking for conversions. Staff answered yes, and would follow up with a clarifying code amendment if the Commission chooses to continue with the current practice. He then noted that the City Council intended when they adopted this ordinance for condominium conversion to promote home ownership. If we were to require all these developments to adhere to all these development standards probably very few of those 65 that were mentioned would qualify for conversions. He then stated he would not be comfortable taking a new interpretation without at least some concurrence from the City Council on this matter. Chairperson Tucker asked if this condominium conversion was approved, would it automatically go to the! Council, or would it have to be appealed? Ms. Temple answered the Tract Map will only go to the Council upon filing for a Final Tract Map. The Condominium Conversion and the Coastal Residential Development do not automatically go. If the application is denied, the applicant could appeal the decision. Commissioner Selich noted that the applicant has provided a lot of detailed exhibits at the podium tonight. If we were to stay with the existing interpretation of the Codes and vote to approve this project, would the Commission be able to condition it to adhere to all of the material that has been submitted to us? Ms. Temple answered yes, they would become conditions of approval on the condominium conversion. Chairperson Tucker noted a clause in the Zoning District that talks about the project not being detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the file: //H:\Plancomm\2004 \1007.htm Page 3 of 12 9 • b� 11/5/2004 Planning Commission Minutes 10/07/2004 neighborhood, etc. Commissioner Selich asked about the garage doors with windows on the carports. He was answered that it would add some marginal additional visibility for people exiting the garages given the relatively small setback from the right of way. Public comment was opened. Mr. Bill Edwards, architect of Planet Design speaking for the applicant, noted the following: • The interior renovations are of a high quality and our design on the outside of the building will be of the same quality. • He then referenced the materials that were presented at the meeting tonight including a color and materials board. • The proposal, site lines, ingress /egress considerations are the best for this project site. • He then discussed possible alternate design scenarios that had been contemplated. . At Commission inquiry, he noted the tower depicted on one of the exhibits does comply with the height; however, there are no dimensions noted on the exhibits as it is an artist's rendering. Chairperson Tucker noted that the applicant has not applied for any variance for height. If this item is approved tonight based upon elevations that are not scaled and it turns out this can not be done without a variance there is no guarantee there will be a variance forthcoming. Mr. Chris Brandman, designer of the project, noted: • The existing building has a dated look as it is over fifty years ago. • The building form allows for common space to be used by the tenants. • The existing building mass is small and everything that exists is well below what is currently allowed for heights and square footages. • Highlights of the proposed design are the Mediterranean architectural style with art deco details. file://HAPIaneornm\2004\I 007.htm Page 4 of 12 11/5/2004 b5 Planning Commission Minutes 10/07/2004 . The addition of the parapets is the largest change to the existing building shell. . The use of the high end materials will enhance the overall image of the building. . There is no additional square footage planned for the building. . The building as it is designed will comply with all current planning requirements. . The proposed design best deals with the existing difficulties of the building and updates the look and preserves and improves the private exterior areas. . At Commission inquiry, he noted that all the windows, glass and doors will be changed. Commissioner McDaniel noted his concern of one parking spot per unit on this corner, which is incredibly busy. There is no parking on Marguerite. Mr. Lorenzo Espinoza, project superintendent, noted the following: • The project has been developed to benefit the neighborhood and community. • The project is designed to have a single professional or a small family and will have less parking demand. • There is no real solution to the parking but he hopes to have less cars with ownership as opposed to rental tenants. • The previous owner wrote in a letter that there were no minor or major accidents on site due to oncoming traffic. . He noted that all the public works improvements will be provided; a sidewalk will replace a planter on the corner of Bayside and Marguerite; open space will be used for a recreational area with yards and a pool; the density is about 46% covered area; the construction quality the plans depict. He then discussed the materials board. . At Commission inquiry, he noted that the occupants will move in after everything is done and a final is received by the Building Department. Public comment was closed. Page 5 of 12 file: //H:\Plancomm \2004 \l007.htm 11/5/2004 0 0 (t Planning Commission Minutes 10/07/2004 Commissioner Selich noted his concerns at the last meeting being the quality of what was being done and the safety issues with the carports backing onto Bayside Drive and the parking situation. Since then, the applicant has done a lot of work to alleviate my concerns if we are able to condition this project on the quality aspects of what they would be doing. I am satisfied on that; however, I am still concerned about the parking and the number of spaces per unit and the way the spaces are designed backing out onto Bayside Drive, neither of which we would allow to occur today if this was a new project. This is an unintended consequence of a City Council Ordinance adopted many years ago that was primarily aimed at duplexes and maybe some triplexes to promote home ownership, and not a project like this. It is still something that qualifies under the ordinance, but it is a tough call because of the parking and the way the parking spaces are designed. I am inclined to go ahead and approve this conversion even though I don't like the parking and access to the site. The building has been here for fifty years and the building will probably remain if converted. In this situation I would give on the parking and access to get the better looking building in the community. The applicant could conceivably come in with a larger, bulkier building, the floor area is less than would be allowed to build under current standards with less open space. I come down on the side of approval of this project. Commissioner Eaton noted that he had listened to the discussion at the last meeting as he was not present. He noted his concern that if the condo conversion was approved as it could still get re -built exactly as is with the same one to one parking and the same dangerous relationship to Bayside Drive. He therefore would vote for denial of this application. Commissioner McDaniel noted his concern with the parking issue. The exterior changes and articulations look great; however, there is no place to park. When you are an owner, many people may have two cars. Ms. Clauson clarified that the provisions of the condominium conversion ordinance specifically authorize the conversion of these units with only one parking space. It allows for the number of off street parking spaces to be those that were required, and has to comply with the number that was required, at the time of construction of the project. Most of the older duplexes that have been turned into condominiums only had two parking spaces. Many of the condominium conversions approved in the past have been with only one parking space per unit. One of the standards is the design and location of the parking, which if that was the biggest concern, would be something that staff could come back with some standards or basis for denial. This project is parked to comply with the number of off - street parking spaces that were required at the time of the original file: //H:1Plancomm\2004\ l 007.htm Page 6 of 12 11/5/2004 b� Planning Commission Minutes 10/07/2004 construction and a use permit was granted for it. In that case, we would not be able to use the number of parking spaces as a basis for denial of this application. Commissioner Toerge noted: . Improvements to the property will be a nice addition. . His concern is the safety issue of the garages located that close to Bayside Drive. . Converting this project to condominiums assures that this will remain in the present configurations for a longer period of time than if it is not converted and, as a result, will prolong what he considers to be an unsafe condition. . He would be supportive of continuing this item for the preparation of findings for denial based upon the fact that it is not safe. Chairperson Tucker noted the applicant has taken care of a lot of issues he had. He then discussed possible scenarios of parking this site if it was redeveloped; number of parking per ownership versus tenants; and ordinance policy. Motion was made by Commissioner Selich to approve Condominium Conversion No. 2004 -014, Newport Tract Map No. 200 -002 and Coastal Residential Development Permit No. 2004 -001, subject to the findings and conditions of approval within the draft resolution and with the additional condition that the applicant bring back for the Commission review a set of dimensioned elevations, floor plans and a landscape plan specifying all the materials to be used on the construction of the exterior of the building and sizes and plant specification and the hard surface areas in the landscape plan. Ms. Temple suggested a time frame of prior to issuance of the building permit. The maker of the motion agreed. Ayes: Tucker, Selich and McDaniel Noes: Eaton, Toerge Absent: Cole Abstain: None Residence (PA2004 -155) The application requests a Variance app Page 7 of 12 0 0 ITEM NO. 4 PA2004 -155 Approved file: //H:1Plancomm\200411007.htm 11/5/2004 i EXHIBIT 6 61 44L a PC ,•!G � : Q!� | || 8i - «� | ;■�l=. |f l2 ;|�!!;! is CFA M -,a t , x,. ,i! |. !$! ! |!t) LEI a" � % .!® #2 g -2 !� / |f .0 "a ;' &§! lei |a) 9 • § §§ !§!■! | §� N�§2�§ � ■2 § |§�!§° || §§ �' '~ go |f |§)2; /� �§ q !/m � !} � i|\ � \ §t � J( § a ( E § ( ) \ On of \! § Ij 1 � 0 I `J 11 0 e 65 e jeg W:�B.�°ad pia �tgra `yr a U=rte m� ds aE .$ Oil All y°w p d w WE 0 0 0 i H d E F -13 z O p d w WE 0 0 0 i H d E F -13 a e o v YY y s8s. e11 v 98g18 a° ma�c49�aA�:�„�s� °eg�e >u9 y$��gm Lie �a d6gu VA HIRe m 8aaUMNI E F G w a 0 U aOy� G�. ai w O� z A P 0 0 0 s � p � a oo.oagegB s$g�ecF� Im via ° •° i� 8§ eab 55s�ig8p¢� aae��B *d C!� 8 e� n�yv 8.ea R19 a` d .,k $ 8.�n nU3B�d ��RI Leg �q u� =E� t°8= >V„Ci°.a 8.g °9 doe y I ova a 3 ro' =8 laaga o: 0 oh. a eg of �?qo co Lam' p (n a w °a w 0 I F E F 15 ��E Qj.98 �9 r, co Lam' p (n a w °a w 0 I F E F 15 ae� �3 W 0 e Q o� 1 �nl . t; F I a i #it Iftf IV GOO w w� i i I I h •I U 1� gr �a �� S3gt �u rna t9 } MoE S tt S I filtf l SSl E t t; F I a i #it Iftf IV GOO w w� i i I I h •I U 1� as EE ° _ eil�9ag aA °aY JBi�o$3Y3x': 086 V7�Y .p °'ayye §xE as BII$ L Z w��cSi98�p �.�O��Ey�Jee�E Wr W s;g S. yy6 t62s a Ya � aw ..i aY Sa'E ��zx'S�s I;��� x ae p 3 ° rl 5'xotl`g a d.=°�5€m EGo�B°O. x e W" 3 6@ 'aa 33a5�e'aL a °z" a fagegV pez6 $ ie ��{� 60.a?E F •s�9 ppg ge_ oes'PJ'�. n_pa Yc°a3. 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I 4t I g 1 W UIs 0 G• r / 1 I� r , NOTICE OF PUBLIC HEARING Espinoza Condo Conversion (PA2004 -137) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Maclovio Espinoza for Condo Conversion No. 2004 -014, Newport Tract Map No. 2004 -002 & Coastal Residential Development Permit No. 2004 -001 on property located at 329 Marguerite Avenue, Corona del Mar. The property is located in the Multi - Family Residential District. The Condominium Conversion and Tentative Tract Map relate to the conversion of an existing 7 unit apartment building to condominiums for the purpose of individual sale. The Coastal Residential Development Permit Application relates to compliance with affordable housing regulations applicable within the Coastal Zone. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on November 23, 2004, at the hour of 7:00 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. LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING Espinoza Condo Conversion (PA2004 -137) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Maclovio Espinoza for Condo Conversion No. 2004 -014, Newport Tract Map No. 2004 -002 & Coastal Residential Development Permit No. 2004 -001 on property located at 329 Marguerite Avenue, Corona del Mar. The property is located in the Multi- Family Residential District. The Condominium Conversion and Tentative Tract Map relate to the conversion of an existing 7 unit apartment building to condominiums for the purpose of individual sale. The Coastal Residential Development Permit Application relates to compliance with affordable housing regulations applicable within the Coastal Zone. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on November 23, 2004, at the hour of 7:00 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. LaVonne M. Harkless, City Clerk City of Newport Beach (44 DI ^ �I � 1 o � )6l u � C�. � q �o Ian iolac I0,.1 AFFIDAVIT OF POSTING On A )0,/. / , 2004, I posted the Notice of Public Hearing regarding: Espinoza Condo Conversion (PA2004 -137) Date of Hearing: November 23, 2004. w' d NOTICE OF PUBLIC HEARING Espinoza Condo Conversion (PA2004 -137) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public heating on the application of Maclovio Espinoza for Condo Conversion No. 2004 -014, Newport Tract Map No. 2004 -002 & Coastal Residential Development Permit No. 2004 -001 on property located at 329 Marguerite Avenue, Corona del Mar. The property is located in the Multi- Family Residential District. The Condominium Conversion and Tentative Tract Map relate to the conversion of an existing 7 unit apartment building to condominiums for the purpose of individual sale. The Coastal Residential Development Permit Application relates to compliance with affordable housing regulations applicable within the Coastal Zone. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on November 23, 2004, at the hour of 7_00 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. LaVonne M. Harkless, City Clerk City of Newport Beach Jam 9M$ed het TM www.averycom _L* "A® UsiAveip'TEMPLA 516 1- 800 -GO -AVERY 051-101 14 052 101 15 052 101 16 Rebekah Gale Gladson Lankford Jet L Singleton 313 Larkspur Ave 315 Larkspur Ave 317 -317 112 Larkspur Ave Curoua Del Mar, CA 92625 Corona Del Mar, CA 92625 Corona Del Mar, CA 92625 052 101 18 052 101 20 052 101 25 John Nlessersmith Walter Edward Tr Eck Del & Connie Worsham 200 Laeuuita Dr 309 Larkspur Ave 3135 Bayside Dr Soquel. CA 9.073 Corona Del Mar, CA 92625 Corona Del Mar, CA 92625 05? 101 ?6 052 101 27 052 101 28 Kathleen Christian & Cochran James & Karen Oconnell Joseph Tr Caputi 3125 Bayside Dr 321 Larkspur Ave 954 Tempera Ct Corona Del Mar. CA 92625 Corona Del Mar, CA 92625 Oceanside, CA 92057 0i? 102 01 052 102 02 052 102 03 Milton Ti Kopecky Thomas Tr Steft Mary Kay Heebner 3207 Bayside Dr 322 Larkspur Ave 320 Larkspur Ave Corona Del Mar, CA 92625 Corona Del Mar, CA 92625 Corona Del Mar, CA 92625 052 102 04 052 102 05 052 102 08 Richard Wackerbarth Harold Tr Pinchin Seth Christian & Kathy Clu istian Patricia Wackerbarth PO Box 187 308 Larkspur Ave 316 Larkspur Ave Corona Del Mar, CA 92625 Corona Del Mar, CA 92625 Corona Del Mar, CA 92625 052 102 13 052 102 15 052 102 18 Helen Tr >9 iali Carole Urie- chickening Jin Yuan Tr Liu 229 Iris .Ave 17 Camel Point Dr PO Box 9862 Corona Del Mar, CA 92625 Laguna Beach, CA 92651 Newport Beach, CA 92658 052 10' 19 052 102 20 052 102 21 Siene Marie Tra Ahlquist Yonis Kabir Joseph Chinowth I I 1 5 Santa Cn¢ Ave 6391 E Via Arboles 325 -112 -327 Marguerite Ave :Menlo Park, CA 94025 Anaheim, CA 92807 Newport Beach, CA 92625 052 102 23 052 102 28 052 103 10 : \,loi dyn Clark Jean Tr Kelleher Troy Reyna PO Boa 39891 990 Capistrano Ave 311 Marigold Ave Los Aneeles, CA 90039 Laguna Beach, CA 92651 Corona Del Mar, CA 92625 052 10; 11 052103 12 052103 13 Joseph T Hills Lucien Mercurio Stephen & Roselinda Blood 711 Jasmine Ave 319 Marigold Ave 321 Marigold Ave Corona Del Mar, CA 92625 Corona Del Mar, CA 92625 Corona Del Mar, CA 9262= 052 103 14 052 103 16 052 103 17 James & Elizabeth Zachman Julius Tr Evans Pauline Tr Godfrey 335 :Marigold .Ave 4709 Seashore Dr 314 Grand Canal #B Corona Del Mar, CA 92625 Newport Beach, CA 92663 Newport Beach, CA 92662 ®asL 'fil�°O"�'V Address LabeM�N°e ®09L5 PU ther tj U e MXNFC09TawTM 1 -800 GO -AVERY= �TMbW® 052 103 23 Dicorpo Nello C & E G 8642 Cherokee Dr Downey, CA 90241 052 103 28 Team One Concepts Inc PO Box 2270 Littleton, CO 80161 459 195 15 Michael Tr Franklin & Inter Vivos For PO Box 673 Corona Del Mar, CA 92625 459 201 04 Beverly Tr Evans 4709 Seashore Dr Newport Beach, CA 92663 930 254 27 Kathleen Robertson 330 Marguerite Ave #B Corona Del Mar, CA 92625 459 20l OS Beverly Ti s 4709 shore Dr wport Beach, CA 92663 930 254 33 Bennie Mann & Carroll Mann 309 Marguerite Ave #1 Corona Del Mar, CA 92625 930 254 34 Betmie Tr Mat 309 M ente Ave #A na Del Mar. CA 9262.5 Corona del Mar Comm. Assoc Attn: Dick Nichols 519 Iris Avenue Corona del Mar, CA 92625 052 103 20 Adam Tyler Macdonald 312 Marguerite Ave Corona Del Mar, CA 9267-5 052 103 27 Ella Giordano 1975 Hunter Rd Chino Hills, CA 91709 052 103 32 Hayim Ninyo & Miriam Ninyo 8 Brillantez Irvine, CA 92620 459 194 01 Francis Tr #A Boero Houstons Restaurants 8 Piedmont Ctr NE #720 Atlanta, GA 30305 __ 459 201 02 Ludmila Sultanova 12217 Samoline P.ve I Downey, CA 90242 459 202 01 Myrtle Cox Family Partners 1781 Shady Crest PI El Cajon, CA 92020 930 254 30 Raymond Albers & Lena Albers 3016 Breakers Dr Corona Del Mar, CA 92625 Corona del Mar Res. Assoc. P.O. Box 1500 179 Corona del Mar, CA 92625 Oil 103 19 Jack Award Watkins 3334 E Coasi Hxv. . Corona Del ,Mar. C.\ 92625 052 103 33 Celia Tr Sanch 8317 V' erde Dr rer, CA 90605 052 103 24 King Eleanor C 2994 Corte Hermosa Newport Beach, CA 92660 052 10- 30 . Celia Tr Sanchez S', 17 Villaverde Dr \�'hirtier. CA 90605 459 191 14 J Ray Rite Aid Sanderson & Com Lic M99 White Rd #150 ' Irvine, CA 91_614 459 201 01 Donna Adeie Tr Gallant Rea & Eadynn Albright PO Boa 54400 Los Aneeles. CA 90054 930 254 28 PO Box 732 Corona Del Mar, CA 92625 y 930 254 35 Corona del Mar Chamber of Comm. Maclovio Espinoza Bennie Mann & Carroll Mann Attn: Luvena Hayton 2744 W. Coast Highway 309 Marguerite Ave # 1 2843 E. Coast Hwy. , Corona del Mar, CA 92625 Corona Del Mar, CA 92625 P.O. Box 72 Corona del Mar, CA 92625 PA2004 -137 for CC2004 -014 & NT2004 -002 329 Marguerite Avenue DATE OF MEETING: - ®69 Uvldwu an ash ®a RYDAddress Labels Aw8o14tl an9 e n0r8 m L Laser 6uriu. Ier Jam Free Printing www.avery.com ANEW(9) 5160® Use Avery® TEMPLATE 51600 1- 800 -GO -AVERY Andrea Marino & Nicole Canon Y & R Advertising 7535 Irvine Center Drive Irvine, CA 92618 -2930 Steve Duablon 329 Marguerite Avenue, Unit 4 Corona del Mar, CA 92625 Andrea Marino & Nicole Canori 329 Marguerite Avenue, Unit 3 Corona del Mar, CA 92625 Letty Green 629 Marguerite Avenue, Unit 6 Corona del Mar, CA 92625 Steve Duablon Sure Prep, LLC 450 Newport Center Drive Suite 330 Newport Beach, CA 92660 Letty Green 709 151 Place Hermosa Beach, CA 90254 -5207 091,s ®Jl2l3A\/ A113A"9.008-L ems uvidwu akaw ash wm AAare nnrmm Bu. . d awl war Authorized to Publish Advertisements of all kinds including public notices by 1 - Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24331 June 11, 1963. PROOF OF PUBLICATION '04 NOV 22 19:34 STATE OF CALIFORNIA) COUNTY OF ORANGE ) am a Citizen of the United States and a NOiICF OF project has been re- resident of the County aforesaid; I am PUBIKNEAl11NG viewed, and it has been determined that it is Fspin4 :a Cando cNaenton categorically exempt over the age of eighteen years, and not a I (PA2B1(14.13n under the requirements party to or interested in the below entitled NOTICE IS HEREBY of the California Envi- th Quality Act GIVEN that the City matter. I am a principal clerk of the under la Council the City of under Class 1 (Existing Newport Beach will hold Facilities). NOTICE IS NEWPORT BEACH - COSTA MESA a public hearing on the HEREBY application of Maclovio FURTHER GIVEN that Espinoza for said public hearing will DAILY PILOT, a newspaper of general Condo Conversion No. 2004- be held on November 014, Newport Tract Map 23, 2004, at the hour circulation, printed and published in the No. 2004 -002 & Coastal of 7:00 p.m. in the Residential Development Council Chambers of the Newport Beach tty of Costa Mesa, County of Orange, Permit No. 2004 -001 on City Hall, Property located at 329 3300 Newport Boule- Marguerite Avenue,i vard, Newport Beach, State of California, and that attached Corona del Mar. The California, at which time is located in and Place any and all Notice is a true and complete copy as property the Multi - Family Resi -, persons interested may dential District. The' appear and be heard. was printed and published on the P Condominium Conver- I thereon. If you challenge Sion and Tentative Tract this project in court, you may be limited Map relate to thel to raising following dates. conversion of an exist - only those issues you or ing 7 unit apartment someone else raised at building to condomini- the public hearing ums for the purpose of described in this notice NOVEMBER 13, 2004 individual sale. The or in written corre- Coastal Residential spondence delivered to Development Permit the City at, or prior to. Application relates to the public hearing. For compliance with afford- information call (949) 644 -3200. able housing regulations applicable within the LOVOnne M, N°rkless, Coastal Zone, This CN"Clerk City °f Newport h Published Newport w p o r I declare, under penalty of perjury, that Beach /Costa Mesa Daily Pilot November 138 the foregoing is true and correct. Executed on NOVEMBER 13, 2004 at Costa Mesa, California. Signature COUNCIL AGENDA NO.I. f ) -a3 -0Y PIANET DESIGN ARCHIT ECTORE P L A N N I N G November 18, 2004 Hon. Tod W. Ridgeway, Mayor City of Newport Beach Members of the City Council 3300 Newport Blvd., Newport Beach, CA 92663 RE: 329 Marguerite, Corona del Mar, CA - Condominium Conversion PA2004 -137 Condominium Conversion No. 2004 -014, Newport Tract Map No. 2004 -002 Council Meeting, November 23, 2004 Dear Mayor Ridgeway & Council Members: This is to express our sincere appreciation for the time and energy you have shared with us in further consideration of the proposed seven (7) — Unit Condominium conversion at Marguerite Avenue and Bayside Drive, which was approved by the Planning Commission some weeks ago and more recently reviewed by City Council. We had the opportunity in our recent site visits with you to further discuss the existing carports which are designed to be converted into seven (7) garage spaces, each with separate roll -up sectional custom doors having two (2) stacked rows (high) of glass vision lites as coordinated and suggested by the city Traffic Engineer to maximize visibility. The non - partitioned nature of the spaces will also be maintained for further visibility, which is also supported by the attached consultant Traffic Review. The slope of the existing concrete carport apron (which is to also serve as a walkway along Bayside Drive from the alley to Marguerite Avenue) for some of the bays (especially the westerly three spaces) was noted as being in excess of what would be a comfortable gradient for pedestrian usage as well as vehicular ingress and egress. The project civil engineer has redesigned the elevation of the parking space garage slabs and the walkway /apron slopes to be much more comfortable, approximately 3.61/o to 10.6% versus the original 18 to 27 %. The garage slabs for four (4) of the bays will be lowered accordingly to accommodate these more desirable gradients. The attached `Carport Exhibits' include a Master Plan and seven (7) cross - sections, one for each existing carport bay, showing the proposed change in slope from the existing to the new, lower slope percentage. Carports `E', `F and `G' were observed and determined in the field with Councitperson Daigle and others, to be comfortable enough (10.5 %, 6.3% and 3.6% respectively) so as to not require necessarily modification, but with the goal being to provide a similar, lesser slope for the steeper ones, which re- engineering has achieved per the attached exhibits. aoau�ae r1P.uryrc:roli�ons�ax a smal�uranli%.. 3334 East Coast Highway Ste. 237 Corona del Mar, CA 92625 Tel: USA 949.721.5500 Fax: 949.721.5502 www.PlanetDesignlnc.com Email: architect(@,bigplariet.com Mayor Tod W. Ridgeway / CNB Councilmembers 329 Marguerite Ave., CDM, CA — Condominium Conversion PA2004 -137 November l8, 2004 Page Two The portion of the existing planter at the corner of Bayside and Marguerite is to be removed with the planter wall line along the Marguerite walkway to be radiussed back into the northeast building corner, so as to allow the walk to connect accordingly with the newly created pedestrian walkway along Bayside Drive. The building corner will be `buttressed' with a relatively low profile wainscot structure as shown on the color artist's perspective renderings and exterior elevation previously submitted to mitigate any resultant structural issues. This will greatly increase the safety factor along Bayside Drive as some pedestrians have been observed using the very narrow paving strip to reach the corner at Marguerite. The overall new width of the sidewalk is designed to be five (5) feet wide as compared to the existing minimal clearance of only about twenty (20) inches. The only other obstruction remaining would be the existing utility pole. Additionally, the planter at the northwest building corner adjacent to the alley will be reduced to accommodate the greater width required for the pedestrian walkway, and lowered to provide clearer visibility to the alley intersection as well as to eastbound oncoming traffic along Bayside, upon egress from the garages. Low profile planting with minimal depth vertical planting directly adjacent to the building wall will be provided in the remaining small planter space as shown on the conceptual landscape plan provided earlier. The developer has also made a commitment to create the `new' building exterior aesthetic as depicted on the renderings, plans and exterior elevations, color and materials legend and presentation (sample) board as submitted and approved by the commission, and presented to you at our recent meeting. The upcoming construction documents will also reflect this level of detail and correlation with all the exhibits to attain and most likely exceed the level of `substantial conformance' as required by the Planning Department. The entire building will be modernized and updated to successfully alleviate the 'dated apartment house' appearance which has existed for the last half century. This transformation will clearly be a superior solution in consideration of the alternate option for this remaining a rental property for the next fifty years, with a superior design for this existing structure being very important especially in that it is situated at such a primary location adjacent and as a backdrop to the upcoming Centennial Plaza, whose commemoration most attended recently. The traffic report which was suggested by engineering to be provided, has just been received at the time of this writing. RK Engineering Group of Newport Beach, CA conducted the review, with the report dated November 15, 2004, and is included as a supplemental attachment for your reference. The report concludes that there are no reported accidents associated with the existing apartment use, that the proposed remotely operated roll -up garage doors are appropriate for usage, that the maintenance of a non - partitioned overall garage space will positively effect visibility, and that the elimination of planter structures and cutback of landscape elements will increase visibility and safety, as well as enhance site circulation. We feel that the daily trip count and vehicle load associated with the proposed condominium conversion, will most likely be less than that experienced over the years of apartment use, which is generally characterized by multiple occupants and vehicles, etc. The project is to be marketed to a `young professional' demographic, and based on the inquiries received thus far, this well seems to be the case. This would also indicate a lower owner /occupant load factor, which would tend to be a forecast of potentially reduced vehicular load count as well. The units as they are to be listed will present a comparatively reasonable `entry level' opportunity for local young professionals to enjoy the benefits of home ownership, especially in an area Mayor Tod W. Ridgeway / CNB Councilmembers 329 Marguerite Ave., CDM, CA — Condominium Conversion PA2004 -137 November 18, 2004 Page Three where the median price is comparatively much higher, with many attached units in the community going for well into the low and mid - $IM's, some even much higher. Conversely, any full redevelopment of the site would result in fewer, larger, more expensive units which would otherwise fully leave behind this important young professional demographic. From a development standpoint, other site options were considered with most on both the public and private sides being in general concurrence that based on the demands of the site, the end result as relates to parking and circulation would be fundamentally very similar to the current parking configuration along Bayside Drive. The challenging site factors considered include the very steep slope of the adjacent alley which severely limits any vehicular site access, also no provision or possibility for vehicular ingress/egress from the Marguerite frontage, and together with a primarily deep and narrow site which would otherwise limit or negate any onsite vehicular circulation result in multiple intrinsic factors and limitations leading to results which favor the current site design as being fundamentally viable. The current parking configuration has been shown to have safely existed for more than fifty years. The design program includes the preservation of unique site features such as an excess of 50% open space, outdoor amenities such as a water element and generous decoratively paved patio and loggia areas with a landscape palette which will fully transform the exterior open space environment for all the prospective homeowners to enjoy. The individual units are currently being fully modernized as well, with new appliances, granite countertops, new doors and windows, new wiring, piping, high -end finished electrical and plumbing, limestone paved and lush carpeted floors, etc. The ultimate result will be a clear asset to the community, a significant architectural enhancement to the neighborhood, an important benefit to the prospective young professional market of homeowners and an enhancement to public safety and convenience as well. We appreciate your kind consideration and favorable review of this proposed high quality development. We are available at your convenience to address any final issues or concerns prior to the next meeting. Any questions may be referred to our office directly at 949.721.5500. My personal mobile number is: 949.439.0974. Thank you very much, and we look forward to seeing you at next Tuesday evening's meeting, and to a successful conclusion to this application. m erely your/s�in [Qu�a�li�ty� B,uilt Environment, /UcOC illiam R. Edwards, Principal Architect PLANET DESIGN W RE /sb CC. Downey Development, LLC ALLEY F (E)Im m IIIfF m. MARGUERITE AVENUE PREPARED Br.. DAVID W. GRAVES, P.E. pp0.a[Ap� 2620 CANTO ROMPEOLAS u.p AnBUq�� SAN CLEMENTE, CA 92673 (949) 395 -6493 xo Riai G g � F6 Jdid r nmL °Ea cwt DAND W. (AK P.E. 421$1. CV. 0]1]1105 � r m F^ v A DATE: NOV. 8, 2004 DRIVEWAY EXHIBIT LOT 29, 31, AND PORTION LOT 27, BILK 238 CORONA DEL MAR NEWPORT BEACH, CA AS SHOWN I DAZE: 11101101 ORA" BY.. DWG I CHECKED BY..- Ore 329 MARGUERITE II oR�I •a' I H III �' I �m >d_ 1 1 Xy i I� Y XI571NC EPOOL o.$flll 8R6 Ea 'd I Vf �II < m 11 1 II 12.0 H.0 E I I EII � sa 1 I s 1 al 1 I t ` sn I I m y w % 9� �ysp EXISTING MUL71- FAMILY BUILDING R I 10.0' 20.0, a Sy0 �Z —IL D� 10.0 d )IS d01S II i D, cvTtir D.I. LmclIIOx L x jr•aar' Eoa c EXISW SIDEWALK EXISTNO SIDEWALK (E)Im m IIIfF m. MARGUERITE AVENUE PREPARED Br.. DAVID W. GRAVES, P.E. pp0.a[Ap� 2620 CANTO ROMPEOLAS u.p AnBUq�� SAN CLEMENTE, CA 92673 (949) 395 -6493 xo Riai G g � F6 Jdid r nmL °Ea cwt DAND W. (AK P.E. 421$1. CV. 0]1]1105 � r m F^ v A DATE: NOV. 8, 2004 DRIVEWAY EXHIBIT LOT 29, 31, AND PORTION LOT 27, BILK 238 CORONA DEL MAR NEWPORT BEACH, CA AS SHOWN I DAZE: 11101101 ORA" BY.. DWG I CHECKED BY..- Ore 329 MARGUERITE F 1W- ~ W V=V W o� aI= 20 vs cc ;a V ALLEY I 9 so Co O0 2.$X% Z I' s. 3x . $ g m l :' co I— — —coI. . 2' OX v I: 8 ;77L). 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O O CL CL C9 D � _Z CL CL N R A LJ 3/11210 301SAVB r v z� W U s- �W W W UJ C3 CC Cl) � Q O _Q Cl) am cc �0Q N � V 00 0 � .fr U Z ti W N 4i NZ 3AI80 301SAVB WU w Z 0 Lu LL W cri am Cl) cc cl) 0 cq co 3/11210 301SAVB it Q� WU LO to u It 0 R .S N s N 1 _. 0w W w W I- ac�a �v�oc C,oa NCc C) 00 3/11210 301SAVB it Q� WU LO to u It 0 R .S N s N 1 ft-OM N 717 I.OwNbi 7 Lo 'SRI, ._, ESPINOZA CONDOMINIUM CONVERSION TRAFFIC REVIEW Newport Beach, California engineering group, inc. engineering group, inc. November 15, 2004 Mr. Lorenzo Espinoza /Maclovio Espinoza DOWNEY DEVELOPMENT, LLC. 2744 Coast Highway Corona Del Mar, CA 92625 transportation planning • traffic engineering acoustical / air quality studies Subject: Espinoza Condominium Conversion (PA 2004 -137) Traffic Review Dear Mr. Espinoza: Introduction RK ENGINEERING GROUP, INC. (RK) has completed a traffic review for your proposed Espinoza Condominium Conversion (PA 2004 -137). The project includes a Condominium Conversion No. 2004 -014, Newport Tract No. 2004 -002, and Coast Residential Development Permit No. 2004 -001. The project is located at 329 Marguerite Avenue the in Corona del Mar area of the City of Newport Beach. The project consists of the request to approve a condominium conversion permit, and a tentative tract map to convert an existing seven (7) unit apartment building to condominiums, for purpose of individual sale. The project is located on the south side of Bayside Drive, just west of Marguerite Avenue, as shown in Exhibit A. The existing site plan for the project is shown in Exhibit B. The existing project includes seven (7) multi - family units with "tuck- under" parking without garage doors along Bayside Drive. Photographs taken of the vicinity of the site are shown in Appendix A. The site plan for the proposed project is shown in Exhibit C. No additional dwelling units will be developed as part of the project. However, exterior and interior improvements will be made to complete the condominium conversion process. The project will also include enclosing the exterior parking areas with garage doors. Traffic Review The purpose of this traffic review: 1. Review traffic speeds along Bayside Drive. 2. Review accident data as provided by the City of Newport Beach. 3. Develop recommendations with respect to traffic circulation for the project. 20201 s.w. birch street, suite 250 newport beach, california 92660 tel 949.474.0809 fax 949.474.0902 http://vvww.rkengineer.com Traffic Speed The existing speed limit along Bayside Drive is 30 miles per hour. Bayside Drive is a two -lane collector roadway, which connects Marguerite Avenue to Pacific Coast Highway (SR -1) to the north of the project. The existing traffic speeds along Bayside Drive were measured at two locations during three (3) time periods in the vicinity of the site. This included the AM peak hour, noon, and the PM peak hour. Site 1 was located approximately 100 feet west of the intersection adjacent to the site and Site 2 was measured approximately 200 feet from the intersection. The results of these speed surveys are shown in Exhibit D. The measured speeds adjacent to the proposed project are approximately ten (10) miles per hour less than the speeds further west along Bayside Drive. The morning AM peak hour 85th percentile speed adjacent to the site is approximately 25 miles per hour. The 85th percentile speed at noon is also 27 miles per hour. The 85th percentile speed during the evening PM peak hour is 27 miles per hour. Further to the west of the project away from the intersection of Marguerite Avenue and Bayside Drive the speeds increase to 36 -37 miles per hour. These speed surveys are consistent with previous speed surveys conducted by the City of Newport Beach traffic department, which indicated an 85th percentile speed of approximately 37 miles per hour. Accident Review RK contacted the City of Newport Beach traffic department regarding accident history along Bayside Drive in the vicinity of the project. According to discussions with the City traffic engineer (Mr. Rich Edmonson) no reported accidents have occurred directly related to the existing project on Bayside Drive. It does not appear that an accident problem exists with respect to the existing use of the property as apartments with the associated driveways on Bayside Drive. Sight Distance Review In conjunction with the review of the project, an onsite visit of the site was completed. As noted, photographs taken of the vicinity of the site are included in Appendix A. There currently is a large shrubbery at the east and west ends of the property. The shrubbery and planter box located on the west side of the site is somewhat overgrown, and should be trimmed back to provide better visibility to the west. There is also a large cypress tree located on the east side of the property adjacent to the existing Stop sign. The existing landscape does block the view of the existing Stop sign and should be trimmed back accordingly to provide better visibility of the Stop sign. 2 Recommendations Based upon the speed survey, review of accidents, and the field review of existing sight distance, the following recommendations are suggested for the project: 1. Trim the landscaping on the west and east sides of the project to provide better visibility. 2. Provide electronic "rollup" garage doors that can be activated by the future owners of the condominiums with the use of a push button device within their vehicle. 3. Do not enclose the interior of the individual garages to improve visibility and access to vehicles within the garages. Conclusions RK has completed a traffic review of the proposed Condominium Conversion at 329 Marguerite Avenue in the Corona Del Mar portion of the City of Newport Beach. Based upon this review, the 85th percentile speeds range from approximately 25 to 27 miles per hour throughout the day adjacent to the project. There have been no reported accidents associated with the existing apartment use of the property along Bayside Drive. A number of recommendations are suggested to help improve traffic circulation for the project. RK appreciates this opportunity to work with Downey Development, LLC. on the Espinoza Condominium Conversion. If you have any questions regarding this study, please call me at (949) 474 -0809. Sincerely, OQ�oF RK ENGINEERING GROUPo�� a; Z Il + m No. 0555 m EXP.12131105 � Robert Kahn, P.E. *� %RAFF\G Principal 9lE n,- �\F Attachments RK: rd1RK2776. doc 3 JN :1725 -04 -01 Exhibits Exhibit A Location Map 1725 -04 -01 (EXA) engineering ESPINOZA CONDOMINIUM CONVERSION (PA 2004 -137), Newport Brach, Califomia group, inc. N .ALLEY _- - _ I 0.. j. 'D N 107719: ;E SkOB' - 106.168LD CORi ° s � �° uu�n -ryt�r euuouti; l k I I d ��j�, W�kW LOT 12 q y0� c c Qi' 1'�ma Elt'IS�NC FAWIL N0 iI .�, uuLn-FAu1L1\emlflsvc MULTI- FAMILY BOIfLINO 10 i 0. I MARGUERITE AVENUE i 37), —N.-p= B Exhibit B Existing Site Plan i. a m engineering group, inc. MARGUERITE AVENUE Exhibit C Proposed Site Plan ._._ ------- N _54.08' II i 1 I I I I h I725-04 -01 (Ex2 ' ESPINOZA CONDOMINIUM CONVERSION (PA2004 -137), Newport Beach, Cahfomia WLA -suer rt¢vw2 }zmv I sari rP jo ja 1 1 3 I ek• 12 2 O. 3 N 2 / MARGUERITE AVENUE Exhibit C Proposed Site Plan ._._ ------- N _54.08' II i 1 I I I I h I725-04 -01 (Ex2 ' ESPINOZA CONDOMINIUM CONVERSION (PA2004 -137), Newport Beach, Cahfomia WLA -suer rt¢vw2 }zmv I jo ja 1 1 3 I 12 I engineering group, inc. Exhibit D Existing Speed Surveys Legend: 37 M h 85th %5 eed 28 -37 Mph 10 Mph Pace Speed AM Noon PM i N 1725 -04 -01 (ExD) engineering ESPINO7A CONDOMINIUM CONVERSION (PA 2004.137), Newport Beach, Cali(omia group, inc. Appendices Appendix I Bayside Dr. West of Marguerite Ave. IS 01 ® engineering ESPINO ZA CO NDOMINIUM CONVERSION (PA 2004 -13�, Newport Bech, California group, inc. Appendix 2 Existing Apartments on Bayside Dr. 1725.04 -01 (A -2) engineering ESPINOZA CONDOMINIUM CONVERSION(PA2004 -137), Newpon Beach,Calitomia group, inc. Appendix 3 Bayside Dr, at Marguerite Ave. 1725 -04 -01 (A -3) engineering ESPINOZA CONDOMINIUM CONVERSION (PA 2004 -137), Newport Beach, California group, inc. Appendix 4 Looking West on Bayside Dr. From Existing Apartment Driveway 1725 -04 -01 (A-4) engineering ESPINOZA CONDOMINIUM CONVERSION (PA 2004 -137), Newport Beach, Califomia group, inc. Appendix 5 Looking East on Bayside Dr. From Existing Driveway 1725- 04- 01(A -5) engineering ESPINOZA CONDOMINIUM CONVERSION (PA 2004 -137), Newport Beach, Califomia group, inc. Appendix 6 Looking West on Bayside Dr. From Existing Driveway 1725.04 -01 (A-b) engineering ESPIN07A CONDOMINIUM CONVERSION (PA 2004 -137), Newpon Beach, Cali(omia group, inc. Appendix 7 Looking Weston Bayside Dr. From the East Side of Marguerite Ave. 1725 -04 -01 (A -7) engineering ESPINOZA CONDOMINIUM CONVERSION (PA 2004 -137), Newport Beach, California group, inc. SPEEDPLOT 2 Spot Speed Analysis Ver. 2.00A /McTRANS corona del mar: BAYSIDE 100' W/O MARGURITE DIRECTION(S) ....... E /W DATE ...............11 /12 /2004 TIME ............... 7:00 POSTED SPEED LIMIT.30 MPH 50TH PERCENTILE SPEED ..................IS 85TH PERCENTILE SPEED .................25 10 MPH PACE SPEED .......... 12 through 21 PERCENT IN PACE SPEED .............. 59.3 PERCENT OVER PACE SPEED............ 23.9 PERCENT UNDER PACE SPEED...,....... 16.8 RANGE OF SPEEDS ..................5 to 41 VEHICLES OBSERVED ....................113 AVERAGE SPEED .......................18.1 CUMULATIVE PERCENT VS. SPEED (MPH) +----+----+---- +---- +---- +- --- +---- +---- + - - - -+ 100 * * * * * * * * * * * * * * *10 90 ** 90 80 ** 80 70 * 70 60 60 50 50 40 * 40 30 * 30 20 * 20 10 ** 10 0 * * * * ** 0 +----+----+---- +---- +---- +---- +- --- +---- + -- - -+ 0 10 20 30 40 PERCENT VS. SPEED (MPH) +----+----*---- +- --- +- --- +---- +---- +--- - + - - --+ 15 15 10 5 0 +----+----+---- +--- - +-- -- +---- +---- +---- + - - - -+ 0 10. 20 30 40 10 5 CUM MPH NO. PCT. PCT. 0 0 0.0 0.0 1 0 0.0 0.0 2 0 0.0 0.0 3 0 0.0 0.0 4 0 0.0 0.0 5 1 0.9 0.9 6 2 1.8 2.7 7 3 2.7 5.3 8 4 3.5 8.8 9 2 1.8 10.6 10 3 2.7 13.3 11 4 3.5 16.8 12 3 2.7 19.5 13 5 4.4 23.9 14 6 5.3 29.2 15 7 6.2 35.4 16 5 4.4 39.8 17 6 5.3 45.1 18 11 9.7 54.9 19 10 8.8 63.7 20 8 7.1 70.8 21 6 5.3 76.1 22 2 1.8 77.9 23 4 3.5 81.4 24 3 2.7 84.1 25 2 1.8 85.8 26 4 3.5 89.4 27 3 2.7 92.0 28 2 1.8 93.8 29 1 0.9 94.7 30 2 1.8 96.5 31 1 0.9 97.3 32 1 0.9 98.2 33 0 0.0 98.2 34 0 0.0 98.2 35 0 0.0 98.2 36 0 0.0 98.2 37 0 0.0 98.2 3B 0 0.0 98.2 39 0 0.0 98.2 40 1 0.9 99.1 41 1 0.9 100.0 42 0 0.0 100.0 43 0 0.0 100.0 44 0 0.0 100.0 45 0 0.0 100.0 46 0 0.0 100.0 >46 0 0.0 100.0 50TH PERCENTILE SPEED ..................IS 85TH PERCENTILE SPEED .................25 10 MPH PACE SPEED .......... 12 through 21 PERCENT IN PACE SPEED .............. 59.3 PERCENT OVER PACE SPEED............ 23.9 PERCENT UNDER PACE SPEED...,....... 16.8 RANGE OF SPEEDS ..................5 to 41 VEHICLES OBSERVED ....................113 AVERAGE SPEED .......................18.1 CUMULATIVE PERCENT VS. SPEED (MPH) +----+----+---- +---- +---- +- --- +---- +---- + - - - -+ 100 * * * * * * * * * * * * * * *10 90 ** 90 80 ** 80 70 * 70 60 60 50 50 40 * 40 30 * 30 20 * 20 10 ** 10 0 * * * * ** 0 +----+----+---- +---- +---- +---- +- --- +---- + -- - -+ 0 10 20 30 40 PERCENT VS. SPEED (MPH) +----+----*---- +- --- +- --- +---- +---- +--- - + - - --+ 15 15 10 5 0 +----+----+---- +--- - +-- -- +---- +---- +---- + - - - -+ 0 10. 20 30 40 10 5 SPEEDPLOT 2 Spot Speed Analysis Ver. 2.00A /McTRANS corona del mar: BAYSIDE 100' W/O MARGURITE DIRECTION(S) ....... E /W DATE ...............11 /12/2004 TIME ...............11:00 POSTED SPEED LIMIT.30 MPH 37 4 1.4 CUM MPH NO. PCT. PCT. 0 0 0.0 0.0 1 0 0.0 0.0 2 0 0.0 0.0 3 0 0.0 0.0 4 1 0.8 0.8 5 0 0.0 0.8 6 0 0.0 0.8 7 2 1.6 2.4 8 0 0.0 2.4 9 3 2.4 4.8 10 4 3.2 8.0 11 3 2.4 10.4 12 3 2.4 12.6 13 4 3.2 16.0 14 3 2.4 18.4 15 4 3.2 21.6 16 7 5.6 27.2 17 10 8.0 35.2 18 8 6.4 41.6 19 9 7.2 48.8 20 6 4.8 53.6 21 8 6.4 60.0 22 6 4.B 64.8 23 8 6.4 71.2 24 7 5.6 76.8 25 6 4.8 81.6 26 4 3.2 84.8 27 4 3.2 88.0 28 6 4.B 92.8 29 2 1.6 94.4 30 1 0.8 95.2 31 3 2.4 97.6 32 1 0.8 98.4 33 0 0.0 98.4 34 1 0.8 99.2 35 0 0.0 99.2 36 1 0.8 100.0 37 0 0.0 100.0 38 0 0.0 100.0 39 0 0.0 100.0 40 0 0.0 100.0 41 0 0.0 100.0 42 0 0.0 100.0 43 0 0.0 100.0 44 0 0.0 100.0 45 0 0.0 100.0 46 0 0.0 100.0 >46 0 0.0 100.0 37 4 1.4 1UU.0 36 0 0.0 100.0 37 0 0.0 100.0 38 0 0.0 100.0 39 0 0.0 100.0 40 0 0.0 100.0 41 0 0.0 100.0 42 0 0.0 100.0 43 0 0.0 100.0 44 0 0.0 100.0 45 0 0.0 100.0 46 0 0.0 100.0 X46 0 0.0 100.0 50TH PERCENTILE SPEED .................20 85TH PERCENTILE SPEED .................27 10 MPH PACE SPEED .......... 16 through 25 PERCENT IN PACE SPEED .............. 60.0 PERCENT OVER PACE SPEED............ 18.4 PERCENT UNDER PACE SPEED........... 21.6 RANGE OF SPEEDS ..................4 to 36 VEHICLES OBSERVED ....................125 AVERAGE SPEED .......................19.9 CUMULATIVE PERCENT VS. SPEED (MPH) +----+----+---- +- --- +---- +- --- +-- -- +--- - +- - - -+ 100 * * * * * * * * * * * * * * * *10 90 * 90 80 * 80 70 * 70 60 * 60 50 * 50 40 * 40 30 30 20 ** 20 10 ** 10 0 * * * * * * * ** 0 +----+----+---- +---- +---- +---- +---- +--- - + - - - -+ 0 10 20 30 40 PERCENT VS. SPEED (MPH) +----+----+----+ ---- +---- +-- -- +---- +---- - +----+ 15 15 10 5 0 10 20 30 40 10 5 t l l 0 10 20 30 40 10 5 10 SPEEDPLOT 2 Spot Speed Analysis Ver. 2.00A /McTRANS CORONA DEL MAR: BAYSIDE W/O MARGUERITE DIRECTION(S) ....... e /w DATE ...............11/ 1/2004 TIME ............... 7:00 POSTED SPEED LIMIT.25 MPH 50TH PERCENTILE SPEED .................31 85TH PERCENTILE SPEED .................36 10 MPH PACE SPEED .......... 27 through 36 PERCENT IN PACE SPEED .............. 77.7 PERCENT OVER PACE SPEED............ 9.7 PERCENT UNDER PACE SPEED........... 12.6 RANGE OF SPEEDS .................18 to 41 VEHICLES OBSERVED ....................103 AVERAGE SPEED .......................31.1 CUMULATIVE PERCENT VS. SPEED (MPH) +----+----+---- +---- +---- +---- +---- +---- + - - - -+ 100 * * * * * * *10 90 ** 90 80 80 70 * 70 60 60 50 * 50 40 40 30 30 20 * 20 10 * 10 0 * * * * * * * * * * * * * * * * * * ** 0 +----+----+---- +---- +- --- +---- +---- +---- + - - - -+ 0 10 20 30 40 PERCENT VS. SPEED (MPH) +----+----+---- +---- +--- - +---- +---- +---- + - -- -+ 15 10 5 d +----+----+----+----+----+----+----+---`+----- 0 10 20 30 40 15 10 5 CUM MPH NO. PCT. PCT. 0 0 0.0 0.0 1 0 0.0 0.0 2 0 0.0 0.0 3 0 0.0 0.0 4 0 0.0 0.0 5 0 0.0 0.0 6 0 0.0 0.0 7 0 0.0 0.0 8 0 0.0 0.0 9 0 0.0 0.0 10 0 0.0 0.0 11 0 0.0 0.0 12 0 010 0.0 13 0 0.0 0.0 14 0 0.0 0.0 15 0 0.0 0.0 16 0 0.0 0.0 17 0 0.0 0.0 18 1 1.0 1.0 19 0 0.0 1.0 20 2 1.9 2.9 21 3 2.9 5,8 22 0 0.0 5.8 23 1 1.0 6.8 24 0 0.0 6.8 25 4 3.9 10.7 26 2 1.9 12.6 27 6 5.8 18.4 28 6 5.8 24.3 29 11 10.7 35.0 30 8 7.8 42.7 31 10 9.7 52.4 32 11 10.7 63.1 33 5 4.9 68.0 34 8 7.8 75.7 35 9 8.7 84.5 36 6 5.8 90.3 37 2 1.9 92.2 38 2 1.9 94.2 39 3 2.9 97.1 40 2 1.9 99.0 41 1 1.0 100.0 42 0 0.0 100.0 43 0 0.0 100.0 44 0 0.0 100.0 45 0 0.0 100.0 46 0 0.0 100.0 >46 0 0.0 100.0 50TH PERCENTILE SPEED .................31 85TH PERCENTILE SPEED .................36 10 MPH PACE SPEED .......... 27 through 36 PERCENT IN PACE SPEED .............. 77.7 PERCENT OVER PACE SPEED............ 9.7 PERCENT UNDER PACE SPEED........... 12.6 RANGE OF SPEEDS .................18 to 41 VEHICLES OBSERVED ....................103 AVERAGE SPEED .......................31.1 CUMULATIVE PERCENT VS. SPEED (MPH) +----+----+---- +---- +---- +---- +---- +---- + - - - -+ 100 * * * * * * *10 90 ** 90 80 80 70 * 70 60 60 50 * 50 40 40 30 30 20 * 20 10 * 10 0 * * * * * * * * * * * * * * * * * * ** 0 +----+----+---- +---- +- --- +---- +---- +---- + - - - -+ 0 10 20 30 40 PERCENT VS. SPEED (MPH) +----+----+---- +---- +--- - +---- +---- +---- + - -- -+ 15 10 5 d +----+----+----+----+----+----+----+---`+----- 0 10 20 30 40 15 10 5 SPEEDPLOT 2 Spot Speed Analysis Ver. 2.00A /McTRANS CORONA DEL MAR: BAYSIDE W/0 MARGUERITE DIRECTION(S) ....... e /w DATE ...............11/ 1/2004 TIME ............... 12:00 POSTED SPEED LIMIT.25 MPH 50TH PERCENTILE SPEED .................31 85TH PERCENTILE SPEED .................36 10 MPH PACE SPEED .......... 26 through 35 PERCENT IN PACE SPEED .............. 78.6 PERCENT OVER PACE SPEED............ 16.5 PERCENT UNDER PACE SPEED........... 4.9 RANGE OF SPEEDS .................24 to 41 VEHICLES 08SERVED ....................103 AVERAGE SPEED .......................31.5 CUMULATIVE PERCENT VS. SPEED (MPH) +----+----+---- +--- - +---- +---- +-- -- +---- + - - - -+ 100 * * * * * * *10 90 * 90 80 * 80 70 * 70 60 * 60 50 * 50 40 40 30 30 20 20 10 * 10 0 * * * * * * * * * * * * * * * * * * * * * * ** 0 +----+----+---- +- --- +--- - +---- +-- -- +---- + - - - -+ 0 10 20 30 40 PERCENT VS. SPEED (MPH) +----+----+---- +---- +--- - +---- +-- -- +---- + - - - -+ 15 15 10 5 +----+----+----+---- +---- +---- +---- +---- +- -- -- 0 10 20 30 40 10 5 CUM MPH NO. PCT. PCT. 0 0 0.0 0.0 1 0 0.0 0.0 2 0 0.0 0.0 3 0 0.0 0.0 4 0 0.0 0.0 5 0 0.0 0.0 6 0 0.0 0.0 7 0 0.0 0.0 8 0 0.0 0.0 9 0 0.0 0.0 10 0 0.0 0.0 11 0 0.0 0.0 12 0 0.0 0.0 13 0 0.0 0.0 14 0 0.0 0.0 15 0 0.0 0.0 16 0 0.0 0.0 17 0 0.0 0.0 18 0 0.0 0.0 19 0 0.0 0.0 20 0 0.0 0.0 21 0 0.0 0.0 22 0 0.0 0.0 23 0 0.0 0.0 24 1 1.0 1.0 25 4 3.9 4.9 26 5 4.9 9.7 27 7 6.8 16.5 28 8 7.8 24.3 29 11 10.7 35.0 30 9 8.7 43.7 31 8 7.8 51.5 32 9 8.7 60.2 33 10 9.7 69.9 34 8 7.B 77.7 35 6 5.8 83.5 36 4 3.9 87.4 37 5 4.9 92.2 38 2 1.9 94.2 39 3 2.9 97.1 40 2 1.9 99.0 41 1 1.0 100.0 42 0 0.0 100.0 43 0 0.0 100.0 44 0 0.0 100.0 45 0 0.0 100.0 46 0 0.0 100.0 >46 0 0.0 100.0 50TH PERCENTILE SPEED .................31 85TH PERCENTILE SPEED .................36 10 MPH PACE SPEED .......... 26 through 35 PERCENT IN PACE SPEED .............. 78.6 PERCENT OVER PACE SPEED............ 16.5 PERCENT UNDER PACE SPEED........... 4.9 RANGE OF SPEEDS .................24 to 41 VEHICLES 08SERVED ....................103 AVERAGE SPEED .......................31.5 CUMULATIVE PERCENT VS. SPEED (MPH) +----+----+---- +--- - +---- +---- +-- -- +---- + - - - -+ 100 * * * * * * *10 90 * 90 80 * 80 70 * 70 60 * 60 50 * 50 40 40 30 30 20 20 10 * 10 0 * * * * * * * * * * * * * * * * * * * * * * ** 0 +----+----+---- +- --- +--- - +---- +-- -- +---- + - - - -+ 0 10 20 30 40 PERCENT VS. SPEED (MPH) +----+----+---- +---- +--- - +---- +-- -- +---- + - - - -+ 15 15 10 5 +----+----+----+---- +---- +---- +---- +---- +- -- -- 0 10 20 30 40 10 5 SPEEDPLOT 2 Spot Speed Analysis Ver, 2.00A /McTRANS CORONA DEL MAR: BAYSIDE W/O MARGUERITE DIRECTION(S) ....... e /w DATE ...............11/ 1/2004 TIME ............... 4:00 POSTED SPEED LIMIT.25 MPH 50TH PERCENTILE SPEED .................32 85TH PERCENTILE SPEED .................37 10 MPH PACE SPEED .......... 28 through 37 PERCENT IN PACE SPEED .............. 68.2 PERCENT OVER PACE SPEED............ 11.8 PERCENT UNDER PACE SPEED........... 20.0 RANGE OF SPEEDS .................17 to 44 VEHICLES OBSERVED ....................110 AVERAGE SPEED .......................31.6 CUMULATIVE PERCENT VS. SPEED (MPH) +----+----+---- +- --- +---- +- -- - +---- +---- +- - --+ 100 * * * * * *10 90 ** 90 80 60 70 * 70 60 * 60 so so 40 * 40 30 * 30 20 * 20 10 * * ** 10 0 * * * * * ** * * * * * * * * * * ** 0 +----+----+---- +---- +- --- +---- +-- -- +---- + - - - -+ 0 10 20 30 40 PERCENT VS. SPEED (MPH) +----+----+---- +- --- +---- +-- -- +-- -- +- --- + - - - -+ 15 10 5 +----+----+---- +---- +---- +-- -- +-- -- +---- +-- - -+ 0 10 20 30 40 15 10 5 CUM MPH NO. PCT. PCT. 0 - -- 0 -- -- 0.0 --- -- 0.0 1 0 0.0 0.0 2 0 0.0 0.0 3 0 0.0 0.0 4 0 0.0 0.0 5 0 0.0 0.0 6 0 0.0 0.0 7 0 0.0 0.0 8 0 0.0 0.0 9 0 0.0 0.0 10 0 0.0 0.0 11 0 0.0 0.0 12 0 0.0 0.0 13 0 0.0 0.0 14 0 0.0 0.0 15 0 0.0 0.0 16 0 0.0 0.0 17 1 0.9 0.9 16 0 0.0 0.9 19 2 1.8 2.7 20 2 1.8 4.5 21 2 1.8 6.4 22 2 1.6 8.2 23 1 0.9 9.1 24 2 1.B 10.9 25 1 0.9 11.8 26 5 4.5 16.4 27 4 3.6 20.0 28 5 4.5 24.5 29 8 7.3 31.8 30 9 8,2 40.0 31 9 8.2 48.2 32 6 5.5 53.6 33 9 8.2 61.8 34 8 7.3 69.1 35 7 6.4 75.5 36 8 7.3 82.7 37 6 5.5 88.2 38 4 3.6 91.8 39 2 1.8 93.6 40 2 1.8 95.5 41 3 2.7 98.2 42 1 0.9 99.1 43 0 0.0 99.1 44 1 0.9 100.0 45 0 0.0 100.0 46 0 0.0 100.0 >46 0 0.0 100.0 50TH PERCENTILE SPEED .................32 85TH PERCENTILE SPEED .................37 10 MPH PACE SPEED .......... 28 through 37 PERCENT IN PACE SPEED .............. 68.2 PERCENT OVER PACE SPEED............ 11.8 PERCENT UNDER PACE SPEED........... 20.0 RANGE OF SPEEDS .................17 to 44 VEHICLES OBSERVED ....................110 AVERAGE SPEED .......................31.6 CUMULATIVE PERCENT VS. SPEED (MPH) +----+----+---- +- --- +---- +- -- - +---- +---- +- - --+ 100 * * * * * *10 90 ** 90 80 60 70 * 70 60 * 60 so so 40 * 40 30 * 30 20 * 20 10 * * ** 10 0 * * * * * ** * * * * * * * * * * ** 0 +----+----+---- +---- +- --- +---- +-- -- +---- + - - - -+ 0 10 20 30 40 PERCENT VS. SPEED (MPH) +----+----+---- +- --- +---- +-- -- +-- -- +- --- + - - - -+ 15 10 5 +----+----+---- +---- +---- +-- -- +-- -- +---- +-- - -+ 0 10 20 30 40 15 10 5