CONDOMINIUM CONVERSION NO. CC2007-002

(PA2007-141)

PLANNING DEPARTMENT

3300 NEWPORT BOULEVARD

NEWPORT BEACH, CA 92663

(949) 644-3200  FAX (949) 644-3229

 

 

 

 

 

 

 

 

 

Application No.

 

Condominium Conversion No. CC2007-002

(PA2007-141)

 

Applicant

 

Fernleaf Properties, LLC

Site Address

 

720 and 720 ½ Fernleaf Avenue

Legal Description

 

Lot 22, Block 733 Corona Del Mar Tract

 

On October 22, 2007, the Zoning Administrator approved the application request to convert an existing duplex into a two-unit condominium complex. Each dwelling unit will be provided the minimum code required two-car parking. No waivers of the development standards are proposed with this application. 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.

 

 

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.

 

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 Newport Beach Plumbing Code. The clean-out, as required, will be installed in such a way that it will meet the intent of the requirements of the City.

 

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 Planning Department.

 

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 Planning Department.

 

8.                  At least two parking spaces shall be provided for each dwelling unit.

 

9.                  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.

 

10.             Prior to final of the building permit for Condominium Conversion, the existing two-car garages shall be provided for each dwelling unit. If the resultant parking spaces do not meet the code required interior clear dimensions, approval of a Modification Permit will be required.

 

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 County of Orange and all conditions of approval have been completed and verified by the Planning Department.

 

21.             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.

 

Appeal Period

 

The Zoning Administrator’s decision may be appealed to the Planning Commission within 14 days of the action date. A $ 600.00 filing fee shall accompany any appeal filed. No building permits may be issued until the appeal period has expired. A copy of the approval letter shall be incorporated into the Building Department set of plans prior to issuance of the building permits or issuance of revised plans.

 

 

 

By:                                                                              

      Zoning Administrator Javier S. Garcia, AICP

     

JSG:ks

 

Attachments:  Vicinity Map

 

Appeared in Opposition:   None

 

Appeared in Support:   None


 

VICINITY MAP

 

Condominium Conversion No.  CC2007-002

PA2007-141

 

720 and 720 ½ Fernleaf Avenue