HomeMy WebLinkAbout03_Dickens Tentative Parcel Map_PA2017-011 �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. 3
SUBJECT: Dickens Tentative Parcel Map (PA2017-011)
SITE LOCATION: 603 and 603 % Marguerite Avenue
• Tentative Parcel Map No. NP2017-001
• County Tentative Parcel Map No. 2016-168
APPLICANT: Meliza Morongo Dickens
OWNER: Meliza Morongo Dickens
PLANNER: Liz Westmoreland, Assistant Planner
(949) 644-3234, Iwestmoreland@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: R-2 Two-Unit Residential
• General Plan: R-2 Two-Unit Residential
PROJECT SUMMARY
A Tentative Parcel Map for condominium purposes. An existing duplex was demolished
and will be replaced with new two-unit duplex, per Newport Beach Zoning Code and
Building Code requirements. Approval of the tentative parcel map would allow each unit
to be sold individually. No waivers of Title 19 are requested.
RECOMMENDATION
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 under Class 15 (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. NP2017-001 (Attachment No. ZA 1).
1
Dickens Tentative Parcel Map
Zoning Administrator, March 30, 2017
Page 2
DISCUSSION
• The property is approximately 3,539 square feet in area and relatively flat. The
property is located north of East Coast Highway, on Marguerite Avenue between
Third and Fourth Avenues.
• A duplex was demolished and will be replaced by a new 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.
TmpIC 01/17/17
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Dickens Tentative Parcel Map
Zoning Administrator, March 30, 2017
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 We tmoreland, Assistant Planner
GBR/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
Tmpl[:01/17217
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2017-001 FOR TWO-UNIT CONDOMINIUM
PURPOSES LOCATED AT 603 AND 603 1/2 MARGUERITE
AVENUE (PA2017-011)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Meliza Morongo Dickens with respect to property located at
603 and 603 '/2 Marguerite Avenue and legally described as Lot 3 in Block 638 of Corona
del Mar, requesting approval of a tentative parcel map.
2. The applicant proposes a tentative parcel map for two-unit condominium purposes. A
duplex was demolished and will be replaced with a new duplex. The Tentative Parcel Map
would allow each unit to be sold individually. No waivers of Title 19 (Subdivisions) are
proposed with this application.
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 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 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.
In accordance with Section 19.12.070 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
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 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 is not located within a 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. 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 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.
01-03-17
Zoning Administrator Resolution No. ZA2017-###
Page 3 of 8
Facts in Support of Finding:
1. The site was previously developed with a duplex, which was demolished and will be
replaced with a new 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
Divisions).
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.
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.
01-03-17
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, 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.
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.
01-03-17
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Zoning Administrator Resolution No. ZA2017-###
Page 5 of 8
Finding:
I. 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 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.
01-03-17
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Zoning Administrator Resolution No. ZA2017-###
Page 6 of 8
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves NP2017-001
subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated
by reference.
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
01-03-17
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Zoning Administrator Resolution No. ZA2017-###
Page 7 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1 . The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. 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.
3. 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.
4. 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 Dickens Tentative Parcel Map including, but not limited to, NP2017-001.
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.
Public Works Conditions
5. 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.
01-03-17
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Zoning Administrator Resolution No. ZA2017-###
Page 8 of 8
6. 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.
7. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
8. An encroachment permit is required for all work activities within the public right-of-way.
9. Reconstruct all damaged concrete sidewalk panels, curb and gutter along the
Marguerite Avenue frontage and any damaged concrete alley panels along the alley
frontage as determined by the Public Works Department.
10. All existing overhead utilities shall be undergrounded.
11. 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.
12. 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.
13. Existing street tree within the Marguerite Avenue right-of-way fronting the property shall
be protected-in-place.
14. All improvements shall comply with the City's sight distance requirement. See City
Standard 110-L.
15. 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.
01-03-17
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Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
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Tentative Parcel Map No. NP2017-001
PA2017-011
603 and 603 '/2 Marguerite Avenue
2�-
Attachment No. ZA 3
Project Plans
15
PA2017-011
- -118.9 IL 119.46 ALLEY _ SHEET , OF 1
FL FL �_ (11974) TENTATIVE PARCEL
119.92 a
FSS N40°37'03E30.00- FL - - _ MAP NO. 2016-168
119.74 120.31 120.46 120.02 JANUARY 2017
F °FS
120.51
1 0.56 �
2 S SITE ADDRESS
603 MARGUERITE AVENUE
(120.36) FFG NEWPORT BEACH, CA 92625
FS EXISTING (APN: 459-065-13)
BUILDING a
� (120.48) 120.71 120.57 LOT 3, BLOCK 638
(119.80 FS FS FS CORONA DEL MAR TRACT
FS M.M. 3/41-42
120.4 9 h m1m m THE LAND REFERRED TO HEREIN BELOW IS
SITUATED IN THE COUNTY OF ORANGE, STATE
I 120.73 FS 0.61 OF CALIFORNIA, AND DESCRIBED AS FOLLOWS:
EXISTINGFS
BUILDING (120.25) ; LOT 3 OF BLOCK 638 OF CORONA DEL MAR IN
FS BUI DIING THE CITY OF NEWPORT BEACH, COUNTY OF
120.32 i ORANGE, STATE OF CALIFORNIA,AS PER MAP
FS RECORDED IN BOOK 3, PAGES 41 AND 42 OF
(120.27) % (120.29FS 120.68 MISCELLANEOUS MAPS, IN THE OFFICE OF THE
FSFS i COUNTY RECORDER OF SAID ORANGE COUNTY.
120.75
FS
120.10 d 120.83
FS
120.37 120.88 OWNER/DEVELOPER:
FS FS
1 19.93
FS MELIZA MORONGO DICKENS, A MARRIED WOMAN
EXISTING 120 89 AS HER SOLE AND SEPARATE PROPERTY
BUILDING
(1119.93 FS
FS
(120.87)
i
(119.81 1 G �� NG 0.65 ���OO Ml v �o
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SCALE = 1" = 16' ° a No.8516
118.62 Z 2 119.07 �� Exp. 12/31/18 3
- -FS- FS - - - - 9rF OF CA1.\FO��
N4093453'E 30.00' PREPARED BY:
118.27 TC 1 18.71 TC
(117.68)FL (118.17)FL 1/18/2017
117.75 118.24 P UL . CRAFT, P.L.S. 8516
1 17.98 LICE E EXPIRES 12/31/18
EG 118.51 TC EG EG
(117.91)FL
MARGUERITE AVENUE gam.
11$.1$ 11$.4A2)\ 11$.69 HUNTINGTON BEACH, CALIFORNIA 92646
A`, r PHONE:(714)488-5006 FAX:(714)333-4440
T- -- APEXLSINC@GMAIL.COM
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