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CONDOMINIUM
CONVERSION NO. CC2007-003 (PA2007-175) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Application No. |
Condominium Conversion No. CC2007-003 (PA2007-175) |
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Applicant |
Tommy Balboa, LLC |
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Site Address |
1351 East Balboa
Boulevard |
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Legal Description |
Lot 1, Tract 6466 |
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On September 24, 2007,
the Zoning Administrator approved the application request to convert an existing duplex into a two-unit
condominium project. No waivers of the development standards are proposed
with this application. The code required two-car parking per unit will be
provided. The property is located in the R-2
District. The Zoning Administrator’s approval is based on the following
findings and subject to the following conditions. |
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FINDINGS
1.
As conditioned, the project will substantially comply with
all applicable standard plans and specifications, adopted City and State
Building Codes, and zoning requirements for new buildings related to the
district in which the proposed project is located at the time of original
construction.
2.
The project is consistent with the adopted goals and
policies of the Land Use Element and other Elements of the General Plan and the
Local Coastal Program Land Use Plan.
3.
The design of the development will not conflict with any
easements acquired by the public-at-large for access through or use of property
within the proposed development.
4.
Public improvements may be required of a developer per
Section 19.28.010 of the Municipal Code.
5.
This project has been reviewed, and it has been determined
that it is categorically exempt from the requirements of the California
Environmental Quality Act under Class 15, Minor Land Divisions.
6.
The plumbing system, as approved, will be in substantial
compliance with the City of
7.
The establishment, maintenance or operation of the use or
building applied for will not, under the circumstances of this particular case,
be detrimental to the health, safety, peace, comfort and general welfare of
persons residing or working in the neighborhood of such use or be detrimental
or injurious to property and improvements in the neighborhood or the general
welfare of the City.
CONDITIONS
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 two-dwelling units shall be permitted on the
site.
3.
In accordance with the provisions of Chapter 13 of the Newport
Beach Municipal Code or other applicable section or chapter, additional street
trees may be required 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.
4.
All work conducted within the public right-of-way shall be
approved under an encroachment permit issued by the Public Works Department.
5.
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.
6.
Each of the
tenants of the proposed condominium shall be given written notification within
10 days of the approval of the condominium conversion permit establishing the
proposed condominium conversion. Proof of said notification shall be provided
to the
7.
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
8.
At least two parking spaces shall be provided for each
dwelling unit on the subject property.
9.
Future separation of the two car garage into two separate
garage spaces shall require approval of a building permit and the installation
of individual roll-up or sectional garage doors.
10.
At least one garage parking space per dwelling unit shall be
provided and maintained clear of obstructions for the parking of vehicles at
all times.
11.
The existing electrical service connection 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.
12.
Each dwelling unit shall be served with an individual water
service to the public water system, and shall maintain a separate water meter
and water meter connection. This work shall be completed prior to final of the
condominium conversion permit.
13.
The applicant shall separate the building sewers within the
building from each unit.
14.
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.
15.
All improvements shall be constructed as required by
Ordinance and the Public Works Department.
16.
Smoke detectors shall be provided in each bedroom.
17.
The corrections listed by the Building Department in the
special inspection report shall be made prior to final of the condominium
conversion permit.
18.
The exterior wall surfacing shall be made weather-tight as
required by the Uniform Housing Code.
19.
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.
20.
The building permit obtained from the Building Department in
order to convert the subject residential units into condominiums shall be
finaled after the Parcel Map for Condominium Purposes has been recorded with
the
21.
Prior to recordation of the parcel map existing
nonconforming hedges, fences and walls that exceed permitted height within the
setbacks shall be addressed by lowering or removing the structures, unless
otherwise approved by a Modification Permit.
22.
This approval shall expire unless exercised within 24 months
from the date of approval, as specified in Section 20.93.055 of the Newport
Beach Municipal Code.
23.
Comply with the
California Building Code and Local amendments for additions and alterations.
24.
Comply with Building
Department policy 1804.5 if more than 75% of first floor envelope is demolished
or altered/repaired.
Appeal
PEriod
The decision
of the Zoning Administrator may be appealed to or by the
By:
Zoning Administrator Javier S. Garcia,
AICP
JSG:mg
Attachments:
Vicinity Map
Appeared
in Opposition: None
Appeared in Support:
None
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Condominium Conversion No. CC2007-003
PA2007-175
1351 East Balboa Boulevard