HomeMy WebLinkAbout01 - 608 Heliotrope Avenue Condominiums - PA2016-166 COMMUNITY DEVELOPMENT DEPARTMENT
VPLANNING DIVISION
low 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
cq�iFOw�avP 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 21, 2016
Agenda Item No. 1
SUBJECT: 608 Heliotrope Parcel Map (PA2016-166)
608 and 608 '/z Heliotrope Avenue
• Parcel Map No. NP2016-019
• County Tentative Parcel Map No. 2016-146
APPLICANT: SCA General Contracting Inc.
OWNER: Newport CDM 4 LLC, a California Limited Liability Company
PLANNER: Liz Westmoreland, Assistant Planner
(949) 644-3234, or Iwestmoreland@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: R-2 (Two-Unit Residential)
• General Plan: RT (Two-Unit Residential)
PROJECT SUMMARY
The Applicant requests a tentative parcel map for condominium purposes. No waivers
of Title 19 requirements are requested. A single-family residence and detached garage
were demolished and a two-unit duplex is under construction. Approval of the Tentative
Parcel Map would allow each unit to be sold individually.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2016-019 (Attachment No. ZA 1).
DISCUSSION
• The property is 3,544 square feet in area, topographically flat, and located north
of East Coast Highway, on Heliotrope Avenue between Third and Fourth
Avenues.
1
608 Heliotrope Parcel Map
Zoning Administrator, November 21, 2016
Page 2
• A single-family residence and detached garage were demolished and a two-unit
duplex is under construction. The Code required two-car parking per unit is
provided.
• Approval and recordation of the Tentative Parcel Map will allow each unit to be
sold individually.
• The property is designated for two-unit residential use by the General Plan and
Zoning Code. The new two-unit dwelling is consistent with this designation and a
tentative parcel map for condominiums does not change the use or density on
the property.
• The new condominium project will conform to current Newport Beach Municipal
Code requirements and meet all Title 19 standards.
• Public improvements will be required of the applicant per the Municipal Code and
Subdivision Map Act.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). The Class 15
exemption allows the division of property in urbanized areas zoned for residential,
commercial, or industrial use into four or fewer parcels when the division is in
conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcels are available, the parcel was
not involved in a division of a larger parcel within the previous two years, and the parcel
does not have an average slope greater than 20 percent. The Tentative Parcel Map is
for condominium purposes and is consistent with all of the requirements of the Class 15
exemption.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways), including the applicant, and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
TmpIt:05-05-16
608 Heliotrope Parcel Map
Zoning Administrator, November 21, 2016
Page 3
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
Liz Westmoreland, Assistant Planner
GR/Iw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
Tmplt:05-05-16
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2016-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2016-019 FOR TWO-UNIT CONDOMINIUM
PURPOSES LOCATED AT 608 AND 608 % HELIOTROPE
AVENUE (PA2016-166)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by SCA General Contracting, Inc., with respect to property
located at 608 and 608 '/z Heliotrope Avenue and legally described as Lot 10 in Block
635 of Corona Del Mar, requesting approval of a tentative parcel map.
2. The applicant proposes a tentative parcel map for two-unit condominium purposes. No
waiver of Title 19 (Subdivisions) development standards are proposed with this
application. An existing single-family residence was demolished and will be replaced with
a new two-unit duplex, currently under construction. The Tentative Parcel Map would
allow each unit to be sold individually.
3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two-Unit Residential (RT).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 21, 2016 in the Corona del Mar Conference
Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is
in conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcels are available, the parcel was
not involved in a division of a larger parcel within the previous two years, and the
parcel does not have an average slope greater than 20 percent. The Tentative Parcel
5
Zoning Administrator Resolution No. ZA2016-###
Page 2 of 9
Map is for condominium purposes and is consistent with all of the requirements of the
Class 15 exemption.
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code and is approved based on the following findings per Section 19.12.070 (Required
Findings for Action on Tentative Maps) of Title 19:
Finding:
A. That the proposed map and the design or improvements of the subdivision are consistent
with the General Plan and any applicable specific plan, and with applicable provisions of
the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1. The Tentative Parcel Map is for two-unit residential condominium purposes. A
single-family residence was demolished and will be replaced with a new two-unit
duplex. The proposed subdivision and improvements are consistent with the
density of the R-2 Zoning District and the RT General Plan Land Use Designation.
2. The Tentative Parcel Map does not apply to any specific plan area.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The lot is physically suitable for a two-unit development because it is regular in
shape and is relatively flat.
2.
3. The subject property is accessible from Heliotrope Avenue and an alley at the rear,
and is adequately served by existing utilities.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat. However, notwithstanding the foregoing, the decision making body may
nevertheless approve such a subdivision if an environmental impact report was prepared
for the project and a finding was made pursuant to Section 21081 of the California
Environmental Quality Act that specific economic, social, or other considerations make
05-26-2016
Zoning Administrator Resolution No. ZA2016-###
Page 3 of 9
infeasible the mitigation measures or project alternatives identified in the environmental
impact report.
Facts in Support of Finding:
1. The site was previously developed with a single-family residence, which has been
demolished and will be replaced with a two-unit duplex.
2. The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat.
3. The project is categorically exempt under Section 15315 (Article 19 or Chapter 3),
of the California Environmental Quality Act (CEQA) Guidelines — Class 15 (Minor
Land Alterations).
Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding:
1. The Tentative Parcel Map is for residential condominium purposes. All
improvements associated with the project will comply with required Building, Public
Works, and Fire Codes, which are in place to prevent serious public health
problems. Public improvements will be required of the developer per Section
19.28.010 (General Improvement Requirements) of the Municipal code and Section
66411 (Local agencies to regulate and control design of subdivisions) of the
Subdivision Map Act. All ordinances of the City and all Conditions of Approval will
be complied with.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. In this connection, the decision making body may approve a
map if it finds that alternate easements, for access or for use, will be provided and that
these easements will be substantially equivalent to ones previously acquired by the
public. This finding 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 the
City Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision.
05-26-2016
Zoning Administrator Resolution No. ZA2016-###
Page 4of9
Facts in Support of Finding:
1. The design of the development will not conflict with easements acquired by the
public at large, for access through, or use of property within the proposed
development, because there are no public easements located on the property.
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if
the land is subject to a contract entered into pursuant to the California Land Conservation
Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land
would not be too small to sustain their agricultural use or the subdivision will result in
residential development incidental to the commercial agricultural use of the land.
Facts in Support of Finding:
1. The property is not subject to the Williamson Act because, the subject property is
not designated as an agricultural preserve and is less than 100 acres in area.
2. The site, developed for residential use, is located within a Zoning District that
permits residential uses.
Finding:
G. That, in the case of a "land project' as defined in Section 11000.5 of the California
Business and Professions Code: (1) there is an adopted specific plan for the area to be
included within the land project; and (2) the decision making body finds that the proposed
land project is consistent with the specific plan for the area.
1. California Business and Professions Code Section 11000.5 has been repealed
by the Legislature. However, this project site is not considered a "land project'
as previously defined in Section 11000.5 of the California Business and
Professions Code because the project site does not contain 50 or more parcels
of land nor is it located within the boundaries of a specific plan.
Finding:
H. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Facts in Support of Finding:
1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the
California Building Code that requires new construction to meet minimum heating and
cooling efficiency standards depending on location and climate. The Newport Beach
05-26-2016
g
Zoning Administrator Resolution No. ZA2016-###
Page 5 of 9
Building Division enforces Title 24 compliance through the plan check and inspection
process.
Finding:
1. 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.
Facts in Support of Finding:
1. The proposed two-unit duplex is consistent with the R-2 Zoning District which
allows two (2) residential units on the property. Therefore, the Tentative Parcel
Map for the proposed condominiums will not affect the City in meeting its
regional housing need.
Finding:
J. 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.
Facts in Support of Finding:
1. The new two-unit duplex will be designed so that wastewater discharge into the
existing sewer system complies with the Regional Water Quality Control Board
(RWQCB) requirements.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of chapter three of the Coastal Act.
Facts in Support of Finding:
1. The subject property is not located within the Coastal Zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2016-019 (PA2016-166), subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
05-26-2016
9
Zoning Administrator Resolution No. ZA2016-###
Page 6 of 9
2. This action shall become final and effective 10 days after the adoption of this
Resolution unless within such time an appeal or call for review is filed with the Director
of Community Development in accordance with the provisions of Title 19 Subdivisions,
of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 21s1 DAY OF NOVEMBER, 2016.
Patrick J. Alford, Zoning Administrator
05-26-2016
2�
Zoning Administrator Resolution No. ZA2016-###
Page 7 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Prior to recordation of the Parcel Map, a park fee shall be assessed for one additional
dwelling unit.
3. Subsequent to the recordation of the Parcel Map, the applicant shall apply for a
building permit for a description change of the subject project development from
"duplex" to "condominium." The development will not be condominiums until this
permit is finaled. The building permit for the new construction shall not be finaled until
after recordation of the Parcel Map.
4. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
5. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever which may arise from or in any manner relate
(directly or indirectly) to City's approval of the 608 Heliotrope Condominiums including,
but not limited to, Tentative Parcel Map No. NP2016-019 (PA2016-166). This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, causes of action, suit or proceeding whether incurred by applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the
City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.
6. A parcel map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD88). Prior to recordation of the 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 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 Map to be submitted to the City of Newport Beach shall
comply with the City's CADD Standards. Scanned images will not be accepted.
05-26-2016
22
Zoning Administrator Resolution No. ZA2016-###
Page 8 of 9
7. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
8. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
9. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels,
curb and gutter along the Heliotrope Avenue frontage.
10. Reconstruct the existing broken and/or otherwise damaged concrete alley abutting the
property. Extent of repair to be determined by the Public Works inspector.
11. All existing overhead utilities shall be undergrounded.
12. Heliotrope Avenue is part of the City's Moratorium List. Work performed on said
roadway will require additional surfacing requirements. See City Standard 105-L-F.
13. All existing private, non-standard improvements within the public right-of-way and/or
extensions of private, non-standard improvements into the public right-of-way fronting
the development site shall be removed.
14. Install new low groundcover of the type approved by the City throughout the Heliotrope
Avenue parkway fronting the development site.
15. Each unit shall be served by its individual water meter and sewer lateral and cleanout.
Each water meter and sewer cleanout shall be installed with a traffic-grade box and
cover. Water meter and the sewer cleanout shall be located within the public right-of-
way.
16. An encroachment permit is required for all work activities within the public right-of-way.
17. All improvements shall comply with the City's sight distance requirement. See City
Standard 110-L and Municipal Code Section 20.30.130.
18. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could
be required at the discretion of the Public Works Inspector.
19. All on-site drainage shall comply with the latest City Water Quality requirements.
05-26-2016
12
Zoning Administrator Resolution No. ZA2016-###
Page 9 of 9
20. Per Chapter 13 of the City Municipal Code, one (1) 36-inch box street tree shall be
planted along the Heliotrope Avenue frontage. Tree species shall be per Council
Policy G-6.
05-26-2016
13
Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
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Attachment No. ZA 3
Project Plans
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PHONE::(714)488-5006 FAX:(71 4)333-4440
AREXLSINC@GMAIL.CDM;L4