HomeMy WebLinkAbout02_708 Marguerite Avenue Condominiums_PA2017-039 �evEW�'Qr
@t^y COMMUNITY DEVELOPMENT DEPARTMENT
U 2 PLANNING DIVISION
100 Civic Center Drive,P.O. Box 1768,Newport Beach, CA 92658-8915
CgG�pOtcta�P 949-644-3200
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 30, 2017
Agenda Item No. 2
SUBJECT: 708 Marguerite Avenue Condominiums (PA2017-039)
SITE LOCATION 708 and 708 1/2 Marguerite Avenue
• Tentative Parcel Map No. NP2017-003
• County Tentative Parcel Map No. 2017-103
APPLICANT: Forkert Engineering & Surveying, Inc.
OWNER: George Johns
PLANNER: David Lee, Planning Technician
(949) 644-3225, dlee@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: R-2 (Two-Family Residential)
• General Plan: RT (Two-Unit Residential)
PROJECT SUMMARY
Request for a tentative parcel map for condominium purposes. No waivers of Title 19
(Subdivisions) requirements are requested. An existing duplex was demolished and will
be replaced with a new two-unit duplex. The Tentative Parcel Map would allow each unit
to be sold individually as condominiums.
RECOMMENDATION
1 ) Conduct a public hearing; and
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 (Minor Land Divisions) of the CEQA Guidelines, because
it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2017-003 (Attachment No. ZA 1).
1
708 Marguerite Avenue Condominiums
Zoning Administrator, March 30, 2017
Page 2
DISCUSSION
• The property is 3,540 square feet in area, topographically flat, and located north of
West Coast Highway on Marguerite Avenue between Fourth Avenue and Fifth
Avenue.
• A duplex was demolished and will be replaced with a new two-unit duplex that will
provide the code required two-car parking per unit.
• 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:10-02-15
708 Marguerite Avenue Condominiums
Zoning Administrator, March 30, 2017
Page 3
APPEAL PERIOD:
An appeal or call for review 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:
David S. Lee, Planning Technician
JM/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
TmpIt:10-02-15
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY
OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP
NO. NP2017-003 FOR TWO-UNIT CONDOMINIUM PURPOSES
LOCATED AT 708 AND 708 1/2 MARGUERITE AVENUE (PA2017-
039)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Forkert Engineering and Surveying, Inc., with respect to
property located at 708 and 708 1/2 Marguerite Avenue, and legally described as Lot 10
of Block 739, requesting approval of a tentative parcel map.
2. The applicant proposes a tentative parcel map application for two-unit condominium
purposes. No waiver of Title 19 (Subdivisions) design standards are proposed with this
application. An existing duplex was demolished and will be replaced with a new two-unit
duplex. 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 March 30, 2017 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 has been determined to be categorically exempt pursuant to the State
CEQA (California Environmental Quality Act) Guidelines under Class 15 (Minor Land
Divisions).
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 Map is
for condominium purposes and is consistent with all of the requirements of the Class 15
exemption.
Zoning Administrator Resolution No. ZA2017-###
Page 2 of 8
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 duplex
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 current RT General Plan Land Use Designation.
2. The Tentative Parcel Map does not apply to any specific plan area.
Finding: N
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. The subject property is accessible from Marguerite 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 neither
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 infeasible the mitigation measures or project alternatives identified
in the environmental impact report.
03-03-2015
Zoning Administrator Resolution No. ZA2017-###
Page 3 of 8
Facts in Support of Finding:
1. The site was previously developed with a two-unit duplex which has been
demolished and will be replaced with a new 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 of 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 all 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.
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.
03-03-2015
Zoning Administrator Resolution No. ZA2017-###
Page 4 of 8
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, lies in 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. The property is not a "land project" as defined in Section 11000.5 of the California
Business and Professions Code because the existing subdivision does not
contain fifty (50) or more parcels.
2. The project is not located within a specific plan area.
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 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
03-03-2015
g
Zoning Administrator Resolution No. ZA2017-###
Page 5 of 8
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 condominium purposes 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 require_ tints prescribed by the Regional
Water Quality Control Board.
Facts in Support of Finding:
1. The new two-unit duplex will be designed so that w stewater 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.
2. The project is not located between the nearest public road and the sea or shoreline
of any body of water located within the coastal zone; therefore, the public access
and recreation policies of chapter 3 of the Coastal Act are not applicable.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2017-003 (PA2017-039), subject to the conditions set forth in Exhibit A, which
is attached hereto and incorporated by reference.
03-03-2015
9
Zoning Administrator Resolution No. ZA2017-###
Page 6 of 8
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 30TH DAY OF MARCH, 2017.
Patrick J. Alford, Zoning Administrator
03-03-2015
2�
Zoning Administrator Resolution No. ZA2017-###
Page 7 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. A Final Parcel Map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD83). 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.
2. 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 Section s 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.
3. All improvements shall be constructed as r%Kd by Ordinance and the Public Works
Department. 4%kb._
4. An encroachment permit is required for all work activities within the public right-of-way.
5. All damaged concrete sidewalk panels, curb and gutter along the Marguerite Avenue
property frontage and any damaged concrete alley panels along the alley property
frontage as determined by the Public Works Department shall be reconstructed.
6. All existing overhead utilities shall be undergrounded.
7. 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.
8. Each unit shall be served by its own individual water service/meter and sewer
lateral/cleanout. Each water meter and sewer cleanout shall be installed with a traffic-
grade box and cover.
9. Existing street trees within the Marguerite Avenue right-of-way fronting the property shall
be protected-in-place.
10. All improvements shall comply with the City's sight distance requirement. See City
Standard 110-L.
03-03-2015
11
Zoning Administrator Resolution No. ZA2017-###
Page 8 of 8
11. 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.
12. Subsequent to the recordation of the Parcel Mar), 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.
13. 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.
14. 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 708 Marguerite Condominiums including, but not limited to Tentative Parcel
Map No. NP2017-003 (PA2017-039).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.
03-03-2015
12
Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
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Project Location
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Tentative Parcel Map No. NP2017-003
PA2017-039
708 and 708 '/2 Marguerite Avenue
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Attachment No. ZA 3
Project Plans
15
PA2017-039
SCALE: 1 " = 20' TENTATIVE SHEET 1 OF 1 SHEETS
EXISTING PARCELS: 1
ACREAGE: 0.081 AC. PARCEL No . 2
SURVEYOR
FORKERT
ENGINEERING FORKERTP
& SURVEYING INC.
MICHAEL AIN THE CITY OF NEWPORT BEACH
1 BOOKHURST ST.
HUNITINGTONN BEACH, CA. 92646 COUNTY OF ORANGE, STATE OF CALIFORNIA
(714) 963-6793
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE AREA OF CORONA DEL MAR,
CAND S� COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
v4��ZPF OA��F� LOT 10 OF BLOCK 739 OF CORONA DEL MAR, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFONIA AS PER MAP RECORDED IN BOOK 3, PAGES 41 AND 42,
EXP' A INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
,t 9-30-17 ,t COUNTY.
4S 5661 ��\e APN: 459-063-07
OF CAV F�
UTILITY NOTES
GAS -
SOUTHERN CALIFORNIA GAS COMPANY
MICHAEL A. FORKERT, L.S. 5662 DATE
LICENSE RENEWAL DATE 9/30/17 (800) 427-2200
NOTE: SECTION 8770.6 OF THE CALIFORNIA BUSINESS ELECTRICITY -
AND PROFESSIONAL CODE STATES THAT THE USE OF SOUTHERN CALIFORNIA EDISON COMPANY
THE WORD CERTIFY OR CERTIFICATION BY A LICENSED (800) 655-4555
LAND SURVEYOR IN THE PRACTICE OF LAND CABLE -
SURVEYING OR THE PREPERATION OF MAPS, PLATS,
REPORTS, DESCRIPTIONS OR OTHER SURVEYING STy TIME WARNER COMUNICATIONS
DOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF q�� (888) 892-2253
PROFESSIONAL OPINION REGARDING THOSE FACTS OR WATER -
FINDINGS WHICH ARE THE SUBJECT OF THE F P CITY OF NEWPORT BEACH
CERTIFICATION AND DOES NOT CONSTITUTE A
WARRANTY OR GUARANTEE. EITHER EXPRESSED OR J� (949) 644-3309
IMPLIED. �� Q�G SEWER -
T �
BENCHMARK n CITY OF NEWPORT BEACH
3K-29-68 �o (949) 644-3309
9N�
DESCRIBED BY OCS 2002 - FOUND 3 3/4" OCS TELEPHONE -
y ATh, yew JF.'
ALUMINUM BENCHMARK DISK STAMPED "3K-29-68", �� 9L P OP AT&T
SET IN THE NORTHERLY CORNER OF A 4 FT. BY 7 FT. (800)(800) 331-0500
CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN SH _
THE SOUTHERLY CORNER OF THE "T" INTERSECTION OF �P TRACTY OF NEWPORT BEACH
PACIFIC COAST HIGHWAY AND IRIS AVENUE, 45 FT.
SOUTHERLY OF THE CENTERLINE OF IRIS TO THE WEST (949) 644-3309
AND 36 FT. SOUTHWESTERLY OF THE CENTERLINE OF
PCH. MONUMENT IS SET LEVEL WITH THE SIDEWALK. SEWER AND STORM DRAIN
ELEVATION = 84.166' NAVD88 J TIE INTO EXISTING CITY FACILITY.
DATE OF PREPARATION SURVEYORS NOTE
JANUARY, 2017 BOUNDARY AND TOPOGRAPHIC
MEASUREMENTS SHOWN HERON ARE BASED
OWNER / DEVELOPER ON TOPOGRAPHIC CONDITIONS AND FOUND
GEORGE M. JOHNS MONUMENTS IN THE COURSE OF A FIELD
708 MARGUERITE AVE SURVEY PERFORMED IN JULY OF 2016.
CORONA DEL MAR, CA 92625 DETAILED BOUNDARY AND MONUMENT
SITE ADDRESS VICINITY MAP INFORMATION WILL BE REFLECTED ON THE
FINAL PARCEL MAP.
708 MARGUERITE AVE. NOT TO SCALE
CORONA DEL MAR, CA 92625
ZONING
RT (TWO-UNIT RESIDENTIAL)
PROPERTY USEAGE
SINGLE FAMILY
FLOOD ZONE
ZONE X
EASEMENTS
THERE ARE NO EASEMENTS OF RECORD
AFFECTING THE SUBJECT PROPERTY
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