HomeMy WebLinkAbout08_Marigold Properties LP Residential Condominiums_PA2018-066CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 24, 2018
°gtrooaN`� Agenda Item No. 8
SUBJECT: Marigold Properties, LP Residential Condominiums (PA2018-066)
• Tentative Parcel Map No. NP2018-010
County Tentative Parcel Map No. 2018-129
SITE LOCATION: 413 and 413'/2 Marigold Avenue
APPLICANT: The Plaza Group
OWNER: Marigold Properties LP
PLANNER: Makana Nova, Associate Planner
949- 644-3249, mnova@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• General Plan: RT (Two -Unit Residential)
• Zoning District : R-2 (Two -Family Residential, PC -56 (Newport Center North)
PROJECT SUMMARY
A request for a tentative parcel map for condominium purposes. A single-family residence
was demolished and a new duplex is under construction pursuant to Zoning and Building
Code requirements. Approval of the Tentative Parcel Map would allow each unit to be
sold individually as condominiums. No waivers of Title 19 (Subdivisions) requirements
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. NP2018-010 (Attachment No. ZA 1).
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Marigold Properties, LP Residential Condominiums (PA2018-066)
Zoning Administrator, May 24, 2018
Page 2
DISCUSSION
• The subject property is a relatively flat lot that is approximately 3,540 square feet
in area. It is located on Marigold Avenue, approximately 163 feet north of Coast
Highway.
• The property was formerly developed with a single-family residence originally
constructed in 1968, which has been demolished. A duplex is currently being
constructed under Building Permit No. X2018-0388. The new duplex 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 as condominiums.
• 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 allowed 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 including the undergrounding of existing overhead utilities, a
new street tree, and new parkway landscaping sod or groundcover.
• Due to the increase in the number of units, fair share fees and in -lieu park
dedication fees will be assessed prior to recordation of the Parcel Map for one
dwelling unit.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 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.
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.
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Marigold Properties, LP Residential Condominiums (PA2018-066)
Zoning Administrator, May 24, 2018
Page 3
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.
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:
Mak a N a
Associate Planner
Ih:Tn1n,
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map No. NP2018-010
(County Tentative Parcel Map No. 2018-129)
Tmplt OU12/18
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Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2018-010 FOR TWO -UNIT CONDOMINIUM
PURPOSES LOCATED AT 413 AND 413'/2 MARIGOLD AVENUE
(PA2018-066)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by James Person, representing property owner, Marigold
Properties LP, a California Limited Partnership, with respect to property located at 413 and
413'/2 Marigold Avenue, and legally described as Lot 5, Block 439, of the Corona del Mar
tract requesting approval of a tentative parcel map.
2. The Applicant requests a tentative parcel map application for two -unit condominium
purposes. No waiver of Title 19 (Subdivisions) development standards are proposed
with this application. A single-family residence was demolished and a new duplex is
currently being constructed. The Tentative Parcel Map would allow each unit to be sold
individually as condominiums.
3. The subject property is designated RT (Two -Unit Residential) by the General Plan Land
Use Element and is located within the R-2 (Two -Family Residential) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on May 24, 2018, 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 hearing 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 hearing.
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
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Zoning Administrator Resolution No. ZA2018-###
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for condominium purposes and is consistent with all of the requirements of the Class 15
exemption.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project does not result in cumulative impacts, does not have a significant effect on
the environment due to unusual circumstances, does not damage scenic resources
within a state scenic highway, is not a hazardous waste site, and is not identified as a
historical resource.
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 19 (Subdivisions) of the Newport Beach Municipal Code
(NBMC) and is approved based on the following findings per Section 19.12.070 (Required
Findings for Action on Tentative Maps):
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 dwelling, originally constructed in 1968, was demolished and is being 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 proposed project site is not located within 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 two -unit development because it is rectangular in shape
and topographically flat, which is typical of lots in this area.
2. A residential use has existed on this site since at least 1968. The proposed project will
replace the previously existing single-family residence with a new duplex that is
compliant with all current code requirements. The proposed project is a parcel map to
allow the units to be sold separately and will comply with all code requirements.
3. The subject property has street frontage on Marigold Avenue and is also accessible from
the alley at the rear. It is adequately served by existing utilities.
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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.
Facts in Support of Finding:
1. A residential use has existed on this site since at least 1968. The property is located in
an urbanized area that does not contain any sensitive vegetation or habitat.
2. 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
Divisions).
Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Fact 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 NBMC Section 19.28.010 (General Improvement
Requirements) 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.
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Fact 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 is developed for residential use and is within the R-2 Zoning District, which
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.
Facts in Support of Finding:
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.
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Fact 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
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.
Fact in Support of Finding:
1. The duplex under construction is consistent with the R-2 Zoning District, which allows
two (2) residential units on the property. Therefore, the construction of one additional
unit on the property and the Tentative Parcel Map for condominium purposes will
contribute toward meeting the City's 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.
Fact in Support of Finding:
1. The new duplex has been designed and will be constructed 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.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2018-010 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 24TH DAY OF MAY, 2018.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
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, 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. Prior to recordation of the Parcel Map. the Applicant shall pay an in -lieu park dedication
fee for an increase of one dwelling unit. The fee shall be charged consistent with that in
effect at the time of payment (currently $26,125).
4. Prior to recordation of the Parcel Map, each unit shall separately and independently
provide a fire riser.
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.
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 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.
7. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
8. The Applicant shall reconstruct all damaged concrete sidewalk panels, curb, and gutter
along the Marigold Avenue property frontage and any damaged concrete alley panels
along the alley property frontage as determined by the Public Works Department.
9. All existing overhead utilities shall be undergrounded.
10. All above ground improvements shall stay a minimum 5 -foot clear of the alley setback.
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11. All existing private, non-standard improvements, including but not limited to concrete
carriage walks and fences, 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. Prior to the final of building permits, the Applicant shall install new sod or low
groundcovers of the type approved by the City throughout the Marigold Avenue parkway
fronting the development site.
13. 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.
14. An encroachment permit is required for all work activities within the public right-of-way.
15. All improvements shall comply with the City's sight distance requirement. See City
Standard 110-L.
16. Prior to the final of building permits, the Applicant shall install a new 36 -inch box tree
along the Marigold Avenue frontage.
17. 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.
18. 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 NBMC Title 19.
19. 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 Marigold Properties, LP, Residential Condominiums including, but not
limited to, Tentative Parcel Map No. NP2018-010 (PA2018-066). 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,
attomeys' 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.
04-03-18
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Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
Tentative Parcel Map No. NP2018-010
(PA2018-066)
413 and 413'/2 Marigold Avenue
i4
Attachment No. ZA 3
Tentative Parcel Map No. NP2018-010
(County Tentative Map No. 2018-129)
15
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SHEET 1OF1
TENTATIVE PARCEL
MAP NO. 2018-129
MARCH 2018
SITE ADDRESS
413 MARIGOLD AVENUE
CORONA DEL MAR, CA 92625
(APN: 459-202-18)
LOT 5
BLOCK 439
CORONA DEL MAR TRACT
M.M. 3/41-42
THE LAND REFERRED TO HEREIN BELOW IS
SITUATED IN THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND DESCRIBED AS
FOLLOWS:
LOT 5 IN BLOCK 439 OF CORONA DEL MAR IN
THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGES 41 AND 42 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE
COUNTY.
NOTE: THIS TENTATIVE PARCEL MAP IS FOR
2 -UNIT CONDOMINIUM PURPOSES.
OWNER/DEVELOPER:
MARIGOLD PROPERTIES, LP
A CALIFORNIA LIMITED PARTNERSHIP
LA/y0
O�jv091NIC Q
SCALE = 1" = 16' a ° No. 8516
Exp. 12/31/18
IUV1Za:0111>ta-w_w:m:I
1 4/18/2018
PAUL D. CRAFT, P.L.S. 8516 DATE
LICENSE EXPIRES 12/31/18
JN: 16111
]L
=3N .
HUNTINGTON BEACH, CALIFORNIA 92646
PHONE:(714)46B-5006 FAX:(714)333-4440
APEXLSINC@GMAIL.CO9L0