HomeMy WebLinkAbout05_Orchid St One, LLC Residential Condominiums Tentative Parcel Map_PA2018-2644 �gW PORT
o e� CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
_' February 28, 2019
C,�FORH�P Agenda Item No. 5
SUBJECT: Orchid St One, LLC Residential Condominiums (PA2018-264)
Tentative Parcel Map No. NP2018-037
SITE LOCATION: 414 and 414'/2 Orchid Avenue
APPLICANT: Orchid St One, LLC
OWNER: Orchid St One, LLC
PLANNER: David S. Lee, Assistant Planner
949-644-3225, dlee@newportbeachca.gov
LAND USE AND ZONING
• General Plan: RT (Two -Unit Residential)
• Zoning District: R-2 (Two -Unit Residential)
PROJECT SUMMARY
The applicant requests approval of a tentative parcel map. A single-family residence has
been demolished and a new duplex is currently under construction. No waivers of Title 19
(Subdivisions) are proposed. The Tentative Parcel Map would allow each unit to be sold
individually.
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), 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. NP2018-037 (Attachment No. ZA 1).
03/13/2018
Orchid St One, LLC Residential Condominums (PA2018-264)
Zoning Administrator, February 28, 2019
Page 2
DISCUSSION
The Tentative Parcel Map is for two -unit residential condominium purposes. A
single-family residence has been demolished and a new two -unit dwelling is under
construction. The proposed subdivision and improvements are consistent with the
density of the R-2 Zoning District and the current General Plan Land Use
Designation (Two -Unit Residential).
• The subject property is located within a developed neighborhood and is not
within the coastal zone.
• The duplex currently under construction provides access to the required off-site
parking via an alley at the rear of the property. Thus, no on -street parking would
be lost.
• The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Orchid Avenue frontage,
as needed, as well as the undergrounding of utilities, consistent with the
Subdivision Code (Title 19).
• The future residential building will be designed to have wastewater discharge into
the existing sewer system and complies with the Regional Water Quality Control
Board (RWQCB) requirements.
ENVIRONMENTAL REVIEW
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.
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 proposed parcels are
consistent with the land use and zoning designations, do not have a slope greater than
20 percent, and were not involved in the division of a larger parcel within two years.
Therefore, the proposed parcel map is eligible for the Class 15 exemption.
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Orchid St One, LLC Residential Condominums (PA2018-264)
Zoning Administrator, February 28, 2019
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:
David S. Lee. Assistant Planner
JM/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
Tmplt 04/03/18
Attachment No. ZA 1
Draft Resolution
03/13/2018 /I
T
RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2018-037 FOR TWO -UNIT CONDOMINIUM
PURPOSES LOCATED AT 414 AND 414 % ORCHID AVENUE
(PA2018-264)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Orchid St One, LLC, with respect to property located at 414
and 414'/2 Orchid Avenue, and legally described as Lot 8, Block 442 of the Corona Del
Mar Tract requesting approval of a tentative parcel map.
2. The applicant proposes a tentative parcel map for condominium purposes. No waivers of
development standards are requested. A single-family residence has been demolished
and a new duplex is currently under construction. No waivers of Title 19 (Subdivisions) are
proposed. The Tentative Parcel Map would allow each unit to be sold individually.
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 -Unit Residential) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on February 28, 2019, 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.
This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 15 (Minor Land Divisions),
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 proposed parcels are
consistent with the land use and zoning designations, do not have a slope greater than
20 percent, and were not involved in the division of a larger parcel within two years.
Therefore, the proposed parcel map is eligible for the Class 15 exemption.
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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:
The Tentative Parcel Map is for two -unit residential condominium purposes. A single-
family residence has been demolished and new two -unit dwelling is under
construction. The proposed subdivision and improvements are consistent with the
density of the R-2 Zoning District and the current General Plan Land Use Designation
(Two -Unit Residential).
2. The subject property is not located within a specific plan area.
3. The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Orchid Avenue frontage,
as needed, as well as the undergrounding of utilities, consistent with the Subdivision
Code (Title 19).
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
The lot is physically suitable for a two -unit development because it is regular in
shape.
2. The subject property is accessible from the 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
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considerations make infeasible the mitigation measures or project alternatives identified
in the environmental impact report.
Facts in Support of Finding:
1. A single-family residence has been demolished and a new two -unit dwelling is
currently under construction.
2. The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat on-site.
3. The project is categorically exempt under Section and 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 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.
Fact in Support of Finding:
1. The Public Works department has reviewed the proposed parcel map and
determined that 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 no public easements are located on the property.
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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.
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.
Facts in Support of Finding:
1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the
California Code of Regulations 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.
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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:
The proposed two -unit dwelling is consistent with the R-2 Zoning District, which
allows two 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 requirements prescribed by the Regional
Water Quality Control Board.
Fact in Support of Finding:
The future residential building will be designed to have 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.
Fact in Support of Finding:
The subject property is not located within the coastal zone.
69x371rN]02[E.7xy[c9N7►1
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2018-037, 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
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Community Development in accordance with the provisions of Title 19 Subdivisions, of
the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF FEBRUARY, 2019.
Patrick Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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 considered condominiums until this permit
is final. The building permit for the new construction shall not be final until after
recordation of the parcel map.
3. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
Tentative 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 19 Subdivisions of the Newport Beach Municipal
Code.
5. Prior to recordation of the Parcel Map, a park fee shall be assessed for one additional
dwelling unit.
6. 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 Orchid St One, LLC Residential Condominiums including, but not limited to,
Tentative Parcel Map NP2018-037 (PA2018-264). 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
7. A parcel map shall be recorded. The Map shall be prepared on the California Coordinate
System (North American Datum of 1983). 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 Sections 7-
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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.
8. 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.
9. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
10. All damaged sidewalk panels, curb, gutter and street along the Orchid Avenue property
frontage and any damaged concrete alley panels along the alley property frontage shall
be reconstructed as determined by the Public Works Department.
11. All existing overhead utilities shall be undergrounded.
12. No above -ground improvements shall be located within the rear alley setback.
13. All existing private improvements, including carriage walks, within the public right-of-way
fronting the development site shall be removed.
14. New sod or low groundcovers of the type approved by the City shall be installed
throughout the Orchid 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.
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.
18. The existing street tree shall be protected in place.
19. 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.
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BUILDING
20. Plans must reflect all required fire -rated construction separation between units and
between garages and carports with all fire -rated construction penetration requirements.
21. Separate water meters are required and fire sprinklers must be on separate risers from
each meter.
05-15-2018 1 S
Attachment No. ZA 2
Vicinity Map
03/13/2018
14
VICINITY MAP
Tentative Parcel Map NP2018-037
PA2018-264
414 and 414'/2 Orchid Avenue
03/13/2018
15
Attachment No. ZA 3
Project Plans
03/13/2018
10
SHEET 1 OF 1
CIVILSCAPES
TENTATIVE PARCEL MAP
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA
BEING A SURVEY OF LOT 8, BLOCK 442, CORONA DEL MAR TRACT AS PER MAP FILED IN BOOK 3, PAGES 41 AND
42, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.
FOR CONDOMINIUM PURPOSES
CIVILSCAPES ENGINEERING, INC. WILLIAM D. ROLPH, PLS 9381
BENCHMARK
DESIGNATION: 3K 29 68 - DESCRIBED AS AN ALUMINUM DISK SET IN
NORTHERLY CORNER OF A 4FT. BY 7FT. CATCH BASIN 45 FT. SOUTHEASTERLY
OF CENTERLINE IRIS AND 36 FT. SOUTHWESTERLY OF CENTERLINE PCH.
NAVD88 (FT) = 84.166 (LEVELED 2011)
SECOND AVE (50 -FT R/W)
YVA Ui J IM1. a a AM V� W
ALLEY (14 -FT R/W)
BASIS OF BEARINGS:
THE CENTERLINE OF ORCHID AVE.
BEING N40°33'42"E PER PMB
378/39-40.
OWNER/
SUBDIVIDER:
ORCHID STREET ONE, LLC
1300 QUAIL ST, STE 108
NEWPORT BEACH CA 92660
SITE ADDRESS:
414 ORCHID AVENUE
NEWPORT BEACH, CA 92625
APIA: 459-215-005
Z LATERAL
TO BE VERIFIED)
0 8 16
SCALE IN FEET
1 INCH =8 FEET
SURVEYOR:
CIVILSCAPES ENGINEERING, INC.
28052 CAMINO CAPISTRANO, STE 213
LAGUNA NIGUEL, CA 92677
949.464.8115