HomeMy WebLinkAbout17 - Approving GP Amendment and Tentative Parcel Map for a Residential Subdivision at 2400 Santiago Drive (PA2020-041)Q �EwPpRT
CITY OF
O �
z NEWPORT BEACH
<,FORN'P City Council Staff Report
October 13, 2020
Agenda Item No. 17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: David S. Lee, Associate Planner
PHONE: 949-644-3225, dlee@newportbeachca.gov
TITLE: Resolution Nos. 2020-89 and 2020-90: Approving General Plan
Amendment No. GP 2020-005 and Tentative Parcel Map
No. NP2020-007 for a Residential Subdivision at 2400 Santiago
Drive (PA2020-041)
ABSTRACT:
For City Council's consideration is a General Plan Amendment and tentative parcel map
for a residential parcel located at 2400 Santiago Drive. The application includes a
subdivision of an existing single -unit residential lot into two separate single -unit residential
lots increasing the density of the statistical area by one unit pursuant to General Plan Policy
LU 4.2 (Prohibition of New Residential Subdivisions).
RECOMMENDATION:
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment;
c) Adopt Resolution No. 2020-89, A Resolution of the City Council of the City of Newport
Beach, California, Approving General Plan Amendment No. GP2020-003 for a
Residential Subdivision Located at 2400 Santiago Drive (PA2020-041); and
d) Adopt Resolution No. 2020-90, A Resolution of the City Council of the City of Newport
Beach, California, Approving Tentative Parcel Map No. NP2020-007 for a Residential
Subdivision Located at 2400 Santiago Drive (PA2020-041).
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
17-1
Resolution Nos. 2020-89 and 2020-90: Approving General Plan Amendment
No. GP 2020-005 and Tentative Parcel Map No. NP2020-007 for a
Residential Subdivision at 2400 Santiago Drive (PA2020-041)
October 13, 2020
Page 2
DISCUSSION:
Project Setting
The project site consists of a residential lot located on 2400 Santiago Drive, between
Tustin Avenue and Irvine Avenue. The existing lot is approximately 36,000 square feet
(0.83 acres) and is surrounded by single -unit residential development on all sides. The
existing lot is developed with a single-family residence with an attached garage at the
rear of the property. There is an existing driveway along the eastern side property line
that provides vehicular access from Santiago Drive. An existing airstream trailer is located
within the front yard but is empty and not used for habitation.
Project Description
The applicant requests an amendment to the General Plan and a tentative parcel map to
subdivide the existing residential lot into two separate residential lots. An amendment to
the City's General Plan is necessary to allow for the increase of one additional dwelling
unit. The proposed subdivision will create two separate lots: one 15,000 -square -foot
rectangular lot (Parcel 1) and one 21,060 -square -foot flag -shaped lot (Parcel 2) (See
Exhibit 1 below). Parcel 2 lot would be accessed from Santiago Drive by a 20 -foot wide
driveway. Although Parcel 2 is flag -shaped, it does not meet the definition of a flag lot per
Section 19.24.050 (Lot Design)('), and therefore is not subject to the approval criteria of
a flag lot.
Exhibit 1: Proposed Subdivision
(1) A flag lot is defined as a lot with having its only vehicular access by way of a narrow accessway which serves no more than one
other property, and which is less than twenty (20) feet wide and more than twenty (20) feet long. Since the proposed driveway is
20 feet in width, it does not meet the definition of a flag lot.
17-2
PARCEL 1 PARCEL 2
15,000 sq. ft. 21,060 sq. ft.
0.34 acres 0.48 acres
(1) A flag lot is defined as a lot with having its only vehicular access by way of a narrow accessway which serves no more than one
other property, and which is less than twenty (20) feet wide and more than twenty (20) feet long. Since the proposed driveway is
20 feet in width, it does not meet the definition of a flag lot.
17-2
Resolution Nos. 2020-89 and 2020-90: Approving General Plan Amendment
No. GP 2020-005 and Tentative Parcel Map No. NP2020-007 for a
Residential Subdivision at 2400 Santiago Drive (PA2020-041)
October 13, 2020
Page 3
General Plan and Zoning Code
The site is designated as Single Unit Residential Detached (RS -D) by the General Plan
and Single -Unit Residential (R-1), which applies to a range of detached single-family
residential dwelling units on a single lot of land.
General Plan Amendment
General Plan Policy LU 4.2 states the following:
"Prohibit new residential subdivisions that would result in additional dwelling units unless
authorized by an amendment of the General Plan (GPA)."
The GPA would add one additional dwelling unit to Statistical Area J5 that is consistent
with the existing RS -D General Plan designation. There is no change of land use
proposed. Both lots comply with the Zoning Code's minimum 5,000 -square -foot lot area
and 50 -foot lot width requirements for new, non -corner R-1 lots. Parcel 2 is consistent
with other flag -shaped lots surrounding the subject site, including 2416 and 2420
Santiago Drive, which are immediately northwest of the subject property. The proposed
subdivision results in a lot pattern that is equal to or superior than a lot design in terms of
privacy, safety, lot usability, and parking. The GPA does not require a vote per Charter
Section 423, as the density and traffic of the project do not meet the required thresholds
(see below).
Charter Section 423
Section 423 of the Charter of the City of Newport Beach requires an analysis of the
density, intensity, and peak hour traffic associated with a proposed GPA. When increases
in density, intensity, and peak hour traffic of a proposed GPA along with 80% of the
increases of prior amendments exceed specified thresholds, the proposed amendment is
considered to be a "major amendment" that requires voter approval. The specified
thresholds are 100 dwelling units (density), 40,000 square feet of floor area (intensity),
and 100 peak hour trips (traffic). City Council Policy A-18 establishes the Guidelines for
implementation of City Charter Section 423 and provides specific guidance as to the
density, intensity and traffic thresholds for the analysis.
The Land Use Element of the General Plan does not establish a density or intensity limit
for the RS -D land use category. Therefore, to determine the amount of traffic allowed
under the General Plan, the Single -Family Detached Housing trip rate of 0.75 for the AM
period and 1.01 for the PM period per dwelling unit was used, per City Council Policy A-
18. Table 1 identifies the density, intensity, and peak hour trip changes resulting from the
proposed amendment.
17-3
Resolution Nos. 2020-89 and 2020-90: Approving General Plan Amendment
No. GP 2020-005 and Tentative Parcel Map No. NP2020-007 for a
Residential Subdivision at 2400 Santiago Drive (PA2020-041)
October 13, 2020
Page 4
The project site is located within Statistical Area J-5 and the City has approved one prior
amendment, the Emerson Island Annexation (GP2012-001) from the County of Orange.
However, this previous amendment was for the purpose of translating the existing
development and County land use designations to City land use designations. Table 2
identifies that the amendment did not provide for any increase in density from what is
allowed under the Orange County General Plan and therefore did not result in increases
in peak hour trips, dwelling units, or square footage.
Table 2
Statistical Area J5 — Section 423 Analysis
Table 1
GP2020-003 Section 423 Analysis
Amendment
Density (DU) Intensity (SF) Peak Hour Trip
AM PM
Existing RS -D
1 N/A 0.75 1.01
Additional RS -D
1 N/A 0.75 1.01
Change
1 N/A 0.75 1.01
The project site is located within Statistical Area J-5 and the City has approved one prior
amendment, the Emerson Island Annexation (GP2012-001) from the County of Orange.
However, this previous amendment was for the purpose of translating the existing
development and County land use designations to City land use designations. Table 2
identifies that the amendment did not provide for any increase in density from what is
allowed under the Orange County General Plan and therefore did not result in increases
in peak hour trips, dwelling units, or square footage.
Table 2
Statistical Area J5 — Section 423 Analysis
Amendment
Density (DU)
Intensity (SF)
Peak Hour Trip
AM PM
Prior Amendment Increases
GP2012-001
0
N/A
0
0
80% of Total Prior
Increases
0
N/A
0
0
Proposed Amendment Increases
GP2020-003
1
N/A
0.75
1.01
TOTAL INCREASE
1
N/A
0.75
1.01
Threshold for Vote
100
100
40
40
Vote Required?
No
No
No
No
SB 18 - Tribal Consultation
Pursuant to Section 65352.3 (SB18) of the California Government Code, a local
government is required to contact the appropriate tribes identified by the Native American
Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the
General Plan. If requested by any tribe, the local government must consult for the purpose
of preserving or mitigating impacts to cultural resources. The City received comments
from the NAHC indicating that eight (8) tribal contacts should be provided notice regarding
the proposed amendment. The tribal contacts were provided notice on July 6, 2020.
Section 65352.3 of the California Government Code requires 90 days prior to Council
action to allow tribe contacts to respond to the request to consult. The 90 -day period
expired on October 4, 2020. There were no tribes which requested a tribal consultation.
17-4
Resolution Nos. 2020-89 and 2020-90: Approving General Plan Amendment
No. GP 2020-005 and Tentative Parcel Map No. NP2020-007 for a
Residential Subdivision at 2400 Santiago Drive (PA2020-041)
October 13, 2020
Page 5
Native American cultural resources are not known to exist on-site and should there be a
need to provide monitoring of future ground disturbance based upon the consultation,
conditions can be added.
Airport Land Use Commission (ALUC)
John Wayne Airport is located approximately 1.89 miles southwest of the property and is
the nearest public airport. The Project is within the notification area of the Airport Environs
Land Use Plan (AELUP) for John Wayne Airport. Since the proposed project includes
General Plan and PC amendments, review for consistency with the AELUP is required by
Section 21676(b) of the Public Utilities Code.
On September 17, 2020, the ALUC reviewed the proposed project and found it consistent
with the AELUP (Attachment D). However, the ALUC did include a condition on the
consistency determination that all buyers, lessees, and renters be provided written
"Notice of Airport in Vicinity" prior to any transactions related to the property.
ENVIRONMENTAL REVIEW:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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 proposed subdivision will create an additional lot with the potential for one additional
dwelling unit. There are no other physical changes resulting from the proposed subdivision.
Class 3 consists of construction and location of limited numbers of new, small facilities or
structures, including one single-family residence. Therefore, the project is exempt from
CEQA.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Notice of this hearing 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), and posted along the boundaries of the site, consistent with the provisions
of the Newport Beach Municipal Code. The item also appears on the agenda for this
meeting, which was posted at City Hall and on the City Website.
ATTACHMENTS:
Attachment A
— Resolution No. 2020-89 — General Plan Amendment
Attachment B
— Resolution No. 2020-90 — Tentative Parcel Map
Attachment C
— July 23, 2020 Planning Commission Hearing Minutes
Attachment D
— Airport Land Use Commission Determination Letter
Attachment E
— Project Plans
17-5
Attachment A
Resolution No. 2020-89 — General Plan Amendment
17-6
RESOLUTION NO. 2020-.89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT NO. GP2020-003 FOR A
RESIDENTIAL SUBDIVISION LOCATED AT 2400
SANTIAGO DRIVE (PA2020-041)
WHEREAS, an application was filed by Ashley Shvetz ("Applicant"), with respect to
property located at 2400 Santiago Drive, and legally described as the southeasterly 120 feet
of Lot 297, Newport Heights, in the City of Newport Beach ("City"), County of Orange, State
of California, as per map recorded in Book 4, Page 83 of Miscellaneous Maps, in the Office
of the County Recorder of Orange County, California ("Property");
WHEREAS, the Applicant is requesting subdivision of an existing single-family
residential property into two lots which require approval of General Plan Amendment No.
GP2020-003, pursuant to the City of Newport Beach General Plan ("General Plan") Policy
LU 4.2 (Prohibition of New Residential Subdivisions) and approval of Tentative Parcel Map
No. NP2020-007, to allow for the increase of one additional dwelling unit ("Project");
WHEREAS, the Property is designated RS -D (Single Unit Residential Detached)
by the General Plan Land Use Element and is located within the R-1 (Single -Unit
Residential) Zoning District;
WHEREAS, the Property is not located within the coastal zone, therefore, an
amendment to the Local Coastal Program is not required;
WHEREAS, a telephonic public hearing was held on July 23, 2020 in the City Council
Chambers located at 100 Civic Center Drive, Newport Beach, due to the Declaration of a
State Emergency and Proclamation of Local Emergency related to COVID-19. A notice
of time, place and purpose of the hearing was given in accordance with Government Code
Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the
Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, on July 23, 2020, the Planning Commission adopted Resolution No.
PC2020-028 by a unanimous vote (6 ayes, 0 nays), recommending approval of the
Project to the City Council;
WHEREAS, due to the proposed amendments to the General Plan, California
Public Utilities Code Section 21676(b) requires the City to refer the Project to the Orange
County Airport Land Use Commission ("ALUC") for a determination of the Project's
consistency with the Airport Environs Land Use Plan ("AELUP") for the John Wayne
Airport;
17-7
Resolution No. 2020 -
Page 2 of 6
WHEREAS, on September 17, 2020, the ALUC voted (6 ayes, 0 nays) finding the
Project to be consistent with the AELUP; and
WHEREAS, a telephonic public hearing was held on October 13, 2020, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach due to the Declaration
of a State Emergency and Proclamation of Local Emergency related to COVID-19. A
notice of time, place and purpose of the hearing was given in accordance with the Ralph
M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence both written
and oral, was presented to, and considered by, the City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council does hereby approve the request for General Plan
Amendment No. GP2020-003 for a residential subdivision to create one additional single-
family residential property.
Amendments to the General Plan are legislative acts. Neither Title 20 (Planning and
Zoning) nor California Government Code Section 65350 et seq., require specific findings
for either approval or denial of such amendments. Notwithstanding the foregoing, General
Plan Amendment No. GP2020-003 is consistent with the following land use policies of the
General Plan, City Council policy and state law:
General Plan Policy Consistency Findinq
a. Land Use Element Policy LU 4.2 (Prohibition of New Residential Subdivisions).
Prohibits new residential subdivisions that would result in additional dwelling units unless
authorized by an amendment of the General Plan (GPA). Lots that have been legally
merged through the Subdivision Map Act and City Subdivision Code approvals are
exempt from the GPA requirements and may be re -subdivided to the original underlying
legal lots. This policy is applicable to all Single Unit, Two Unit, and Multiple Unit
Residential land use categories. (Imp 6.1).
17-8
Resolution No. 2020 -
Page 3 of 6
Facts In Support of Finding
1. General Plan Amendment No. GP2020-003 does not propose a change in land
use and the Property would remain RS -D (Single Unit Residential Detached).
General Plan Amendment No. GP2020-003 would add one additional dwelling unit
to Statistical Area J5 that is consistent with the RS -D land use designation.
2. The subdivision would result in two lots configured as one 15,000 -square -foot
rectangular lot (Parcel 1) and one 21,060 -square -foot flag -shaped lot (Parcel 2).
The proposed configuration is consistent with other configurations surrounding the
Property, including 2416 and 2420 Santiago Drive, which are immediately
northwest of the Property. Although Parcel 2 is flag -shaped, it does not meet the
definition of a flag lot per Section 19.24.0500) (Lot Design) which is defined as a
lot having its only vehicular access by way of a narrow accessway which serves
no more than one other property and which is less than twenty (20) feet wide and
more than twenty (20) feet long. Since Parcel 2's accessway is twenty (20) feet
wide, additional facts in support of findings for Parcel 2 for a flag lot are not
required.
3. The Project will create one additional dwelling unit within Statistical Area J5. Per
Land Use Policy LU 4.2, a residential subdivision which results in additional
dwelling units may be authorized through an amendment to the General Plan. As
discussed in greater detail below, none of the specified thresholds established by
Section 423 (density, intensity, and traffic) of the City of Newport Beach Charter
("Charter") are exceeded. Therefore, staff has concluded that General Plan
Amendment No. GP2020-003 does not require voter approval.
b. Land Use Element Policy LU 5.1.6 (Character and Quality of Residential
Properties). Require that residential front setbacks and other areas visible from the public
street be attractively landscaped, trash containers enclosed, and driveway and parking
paving minimized. (Imp 2.1)
17-9
Resolution No. 2020 -
Page 4 of 6
Facts In Support of Finding
1. The Project is a subdivision that creates one additional residential lot (Parcel 1)
abutting Santiago Drive. There is no development proposed with the Project.
However, future development of Parcel 1 will require additional review to ensure
that the 20 -foot front setback area is landscaped and properly maintained and has
a minimal driveway and parking paving. There is a long existing driveway along
the north side to access Parcel 2, which will serve as the only means of access for
the residence on Parcel 2.
C. Land Use Element Policy LU 5.1.8 (Parking Adequacy). Require that new and
renovated single-family residences incorporate adequate enclosed parking in
consideration of its number of bedrooms. (Imp 2.1)
Facts In Support of Finding
1. As previously discussed, the Project does not include development. However, a
future single-family residence will be required to provide adequate parking as
required by Section 20.40 (Off -Street Parking) of the NBMC.
City Council Policy Consistency Finding
City Council Policy A-18 (Guidelines for implementing Charter Section 423) requires
review of General Plan Amendment No. GP2020-003 to determine if a vote of the
electorate is necessary to comply with Section 423 of the Charter. If a General Plan
amendment (separately or cumulatively with other General Plan amendments within the
previous ten years) generates more than one hundred (100) peak hour trips (a.m. or p.m.),
adds forty thousand (40,000) square feet of nonresidential floor area, or adds more than
one hundred (100) dwelling units in a statistical area, a vote of the electorate would be
required if the City Council approves the GP2020-003.
Facts In Support of Finding
1. The Property is within Statistical Area J5. There are no prior amendments to the
General Plan in this statistical area. General Plan Amendment No. GP2020-003
results in an increase of one dwelling unit. The Project results in an increase of
0.75 a.m. peak hour trips and a net increase of 1.01 p.m. peak hour trips. These
increases are based on the trip generation rates for detached residential, which is
considered the best available comparable land use in Council Policy A-18.
17-10
Resolution No. 2020 -
Page 5 of 6
2. Since none of the thresholds specified by Charter Section 423 are exceeded, no
vote of the electorate is required if the City Council chooses to approve General
Plan Amendment No. GP2020-003.
Tribal Consultation Finding
Pursuant to California Government Code Section 65352.3 (SB18), a local government is
required to contact the appropriate tribes identified by the Native American Heritage
Commission ("NAHC") each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources.
Facts in Support
1. The City received comments from the NAHC indicating that eight (8) tribal contacts
should be provided notice regarding the proposed amendment to the General Plan.
The tribal contacts were provided notice on July 6, 2020. California Government
Code Section 65352.3 requires notification 90 days prior to Council action to allow
tribal contacts to respond to the request to consult. The City did not receive any
requests from tribal contacts for consultations.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the adoption of this resolution is categorically
exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of
Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment. Class 3 consists of construction and location of limited numbers of new,
small facilities or structures, including one single-family residence. The Project will create
an additional lot with the potential for development of one additional dwelling unit. There
17-11
Resolution No. 2020 -
Page 6 of 6
are no other physical changes involved with the Project. Therefore, the Project is exempt
from CEQA.
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 13th day of October, 2020.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFIC
C. cr�r
Aaron C. Harp
City Attorney
17-12
Attachment B
Resolution No. 2020-90 — Tentative Parcel Map
17-13
RESOLUTION NO. 2020-.90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP NO. NP2020-007 FOR A
RESIDENTIAL SUBDIVISION LOCATED AT 2400
SANTIAGO DRIVE (PA2020-041)
WHEREAS, an application was filed by Ashley Shvetz ("Applicant"), with respect to
property located at 2400 Santiago Drive, and legally described as the southeasterly 120 feet
of Lot 297, Newport Heights, in the City of Newport Beach ("City"), County of Orange, State
of California, as per map recorded in Book 4, Page 83 of Miscellaneous Maps, in the Office
of the County Recorder of Orange County, California ("Property");
WHEREAS, the Applicant is requesting to subdivide an existing single-family
residential property into two lots which require approval of General Plan Amendment No.
GP2020-003, pursuant to the City of Newport Beach General Plan ("General Plan") Policy
LU 4.2 (Prohibition of New Residential Subdivisions) and approval of Tentative Parcel Map
No. NP2020-007, to allow for the increase of one additional dwelling unit ("Project");
WHEREAS, the Property is designated RS -D (Single Unit Residential Detached)
by the City General Plan Land Use Element and is located within the R-1 (Single -Unit
Residential) Zoning District;
WHEREAS, the Property is not located within the coastal zone, therefore, an
amendment to the Local Coastal Program is not required;
WHEREAS, a telephonic public hearing was held on July 23, 2020 in the City Council
Chambers located at 100 Civic Center Drive, Newport Beach, due to the Declaration of a
State Emergency and Proclamation of Local Emergency related to COVID-19. A notice
of time, place and purpose of the hearing was given in accordance with Government Code
Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the
Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, on July 23, 2020, the Planning Commission adopted Resolution No.
PC2020-028 by a unanimous vote (6 ayes, 0 nays), recommending approval of Project
to the City Council;
WHEREAS, due to the proposed amendments to the General Plan, California
Public Utilities Code Section 21676(b) requires the City to refer the Project to the Orange
County Airport Land Use Commission ("ALUC") for a determination of the Project's
consistency with the Airport Environs Land Use Plan ("AELUP") for the John Wayne
Airport;
17-14
Resolution No. 2020 -
Page 2 of 8
WHEREAS, on September 17, 2020, the ALUC voted (6 ayes, 0 nays) finding the
Project to be consistent with the AELUP; and
WHEREAS, a telephonic public hearing was held on October 13, 2020, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach due to the Declaration
of a State Emergency and Proclamation of Local Emergency related to COVID-19. A
notice of time, place and purpose of the hearing was given in accordance with the Ralph
M. Brown Act and Chapter 21.62 (Public Hearings) of the NBMC. Evidence both written
and oral, was presented to, and considered by, the City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council does hereby approve the request for Tentative
Parcel Map No. NP2020-007 for a residential subdivision to create one additional dwelling
unit and subject to the conditions of approval attached as Exhibit "A" and incorporated
herein by reference. The City Council's decision is made in accordance with Section
19.12.070 (Required Findings for Action on Tentative Maps) and is supported by the
following facts and findings:
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. Tentative Parcel Map No. NP2020-007 would allow the subdivision of an existing
residential parcel into two separate residential parcels. The existing single -unit
residence, garage, and accessory structures will remain on one of the parcels
(Parcel 2), where the other parcel (Parcel 1) will be developed with a maximum of
one residential unit at a future time.
17-15
Resolution No. 2020 -
Page 3 of 8
2. General Plan Policy LU 4.2 prohibits new residential subdivisions that would result
in additional dwelling units unless authorized by an amendment to the General
Plan. Tentative Parcel Map No. NP2020-007 would create an additional residential
lot with the potential to develop one residential unit. Therefore, General Plan
Amendment No. GP2020-003 is proposed for the Project and supported by the
facts and findings set forth in Resolution No. 2020-_
3. The Project will mirror the development pattern of parcels to the northwest.
4. Although the proposed Parcel 2 is flag -shaped, it does not meet the definition of a
flag lot per subsection Q) of Section 19.24.050 (Lot Design), which is defined as a
lot having its only vehicular access by way of a narrow accessway which serves
no more than one other property and which is less than twenty (20) feet wide and
more than twenty (20) feet long. Since the dimensions for the Parcel 2's accessway
is twenty (20) feet wide, additional facts in support of findings for Parcel 2 for a flag
lot are not required.
5. The Property is not located within a specific plan area, therefore, no additional
facts and findings related to a specific plan are required.
6. The Project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters on Santiago Drive as necessary.
7. The Project has been conditioned to dedicate a 10 -foot street use easement along
the Santiago Drive frontage for future sidewalk improvements.
b. That the site is physically suitable for the type and density of development.
Facts in Support of Findinq
1. The existing parcel is 36,060 square feet in area and is physically suitable for two
separate lots. The proposed subdivision would create one 15,000 -square -foot lot
(Parcel 1) and one 21,060 -square -foot lot (Parcel 2). Both proposed lots exceed
the minimum lot area of 5,000 square feet required by R-1 (Singe -Unit Residential)
zoning designation.
17-16
Resolution No. 2020 -
Page 4 of 8
2. Parcel 1 is proposed to be rectangular in shape and is 100 feet wide by 150 feet
deep. Parcel 2 is flag -shaped, but does not meet the definition of a flag lot per
subsection Q) of Section 19.24.050 (Lot Design) of the NBMC, which is defined as
a lot having its only vehicular access by way of a narrow accessway which serves
no more than one other property and which is less than twenty (20) feet wide and
more than twenty (20) feet long. Parcel 2's accessway dimensions are twenty (20)
feet wide and one hundred fifty (150) feet deep. In order to comply with the Fire
Code, the width of the accessway is proposed to be twenty (20) feet wide.
Therefore, Parcel 2 is not considered a flag lot and is not subject to the approval
criteria of Section 19.24.0500).
3. Both proposed lots will be accessible from Santiago Drive and the Public Works
Department does not anticipate an added driveway to accommodate the additional
residence creates any u issues or conflicts.
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
Califomia 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. The Property is located in an urbanized area and does not contain any sensitive
vegetation or habitat. The Project consists of the subdivision into the two separate
lots to allow for the future development of one residential unit per parcel.
2. The project is categorically exempt under Section 15303 (Article 19 of Chapter 3),
of the California Environmental Quality Act ("CEQA") Guidelines — Class 3 (New
Construction or Conversion of Small Structures), of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3 (`CEQA Guidelines")
therefore an environmental impact report was not prepared and no additional
findings that specific economic, social or other impacts make mitigation measures
or project alternatives infeasible.
d. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
17-17
Resolution No. 2020 -
Page 5 of 8
Facts in Support of Finding
1. Tentative Parcel Map No. NP2020-007 would allow subdivision of an existing lot
into two distinct parcels. 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
NBMC and Section 66411 (Local Agencies to Regulate and Control Design of
Subdivisions) of the California Government Code. All ordinances of the City and
all Conditions of Approval will be complied with. The 20 -foot width to accommodate
the fire lane for Parcel 2 will ensure that there is adequate emergency access to
both parcels.
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. There is an existing 5 -foot utility easement in favor of Southern California Edison
located at the rear of proposed Parcel 2. The proposed subdivision will not conflict
with easements acquired by the public at large, for access through, or use of
property within the Project.
2. Each parcel will be required to provide individual water and sewer utilities. Any
existing utilities will require private easements if they cross the adjacent parcel.
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.
17-18
Resolution No. 2020 -
Page 6 of 8
Facts in Support of Finding
1. The Property is not subject to the Williamson Act because the Property is not
designated as an agricultural preserve and is less than 100 acres in area.
2. The Property is developed for residential use and is located in R-1 (Single -Unit
Residential) Zoning District that permits residential development.
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.
Fact in Support of Finding
1. California Business and Professions Code Section 11000.5 has been repealed by
the Legislature. However, this Project is not considered a "land project" as
previously defined in Section 11000.5 of the California Business and Professions
Code because the Property does not contain 50 or more parcels of land.
2. The Project is not located within a specific plan area.
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.
Fact in Support of Finding
1. The Tentative Parcel Map and any future improvements are subject to Title 24 of
the California Code of Regulations ("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 the Building Code
compliance through the plan check and inspection process.
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.
17-19
Resolution No. 2020 -
Page 7 of 8
Fact in Support of Finding
1. The subdivision would create two distinct parcels with the potential of up to one
unit on each parcel. A single-family residence would be consistent with the R-1
(Single -Unit Residential) Zoning District and with existing development in the
community. The City anticipated a regional housing needs allocation of 4,832 units
for the 6th Cycle Housing Element. Therefore, Tentative Parcel Map No. NP2020-
007 will help the City in meeting its regional housing need.
f 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 Property currently maintains a residential unit with existing utility connections.
The Project would divide the Property into two individual parcels and upon future
development of the second parcel, additional utility connections would comply with
the Building Codes. Therefore, the Project would not create waste that would result
in a violation of the existing requirements prescribed by the Regional Water Quality
Control Board.
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
1. The Property is not located within the coastal zone, therefore, a finding of
conformity with the Local Coastal Program is not necessary.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
17-20
Resolution No. 2020 -
Page 8 of 8
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the adoption of this resolution is categorically
exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of
Small Structures) of the CEQA Guidelines because it has no potential to have a significant
effect on the environment. Class 3 consists of construction and location of limited
numbers of new, small facilities or structures, including one single-family residence. The
Project will create an additional lot with the potential for development of one additional
dwelling unit. There are no other physical changes involved with the Project. Therefore,
the Project is exempt from CEQA.
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 13th day of October, 2020.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
ff
Aaro'n C. Harp
City Attorney
Attachment(s): Exhibit A -- Conditions of Approval
17-21
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
The development shall be in substantial conformance with the approved site plan,
floor plans and building elevations stamped and dated with the date of this approval
(except as modified by applicable conditions of approval).
2. The Project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
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
Use Permit.
4. Tentative Parcel Map No. NP2020-007 shall expire unless exercised within 24
months from the date of approval as specified in Section 20.91.050 of the NBMC,
unless an extension is otherwise granted.
5. Prior to the issuance of building permits for a future single -unit residence Fair Share
Traffic Fees shall be paid for the new residential dwelling unit (currently $2,482 per
new additional dwelling unit) in accordance with Chapter 15.38 (Fair Share Traffic
Contribution Ordinance) of the NBMC.
6. Prior to recordation of the Parcel Map, a park fee (currently $26,125 per new
additional dwelling unit) shall be assessed for one additional dwelling unit in
accordance with Chapter 19.52 (Park Dedications and Fees) of the NBMC.
7. The Applicant is responsible for compliance with the Migratory Bird Treaty Act
("MBTA"). In compliance with the MBTA, grading, brush removal, building demolition,
tree trimming, and similar construction activities shall occur between August 16 and
January 31, outside of the peak nesting period. If such activities must occur inside
the peak nesting season from February 1 to August 15, compliance with the following
is required to prevent the taking of Native Birds pursuant to MBTA:
A. The Project shall be inspected for active nests. If birds are observed flying from a
nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity
is no longer observed. When the nest is no longer active, construction activity can
continue in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds,
and to determine when it is safe to commence construction activities. If an active
17-22
nest is found, one or two short follow-up surveys will be necessary to check on
the nest and determine when the nest is no longer active.
8. Should the Property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current owner, property owner or the leasing agent.
9. 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 Shvetz
Subdivision including, but not limited to, Tentative Parcel Map No. NP2020-007
(PA2020-041). 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.
Building Division
10. Prior to recordation of the parcel map, a grading permit shall be approved to re -
grade the parcels for the prevention of cross -lot drainage, or providing drainage
easements.
11. Prior to recordation of the parcel map, any existing underground utilities under
Parcel 1 serving Parcel 2 shall be relocated onto Parcel 2, or provide recorded
easements.
12. Any proposed easements shall be subject to further review by all departments.
13. A separate permit shall be obtained for any required demolition or improvements
of the existing structures and/or site.
Public Works Department
12. A 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
2
17-23
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.
13. 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.
14. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
15. All damaged curb, gutter and sidewalk along the Santiago Drive frontage shall be
reconstructed per City Standard.
18. Each unit shall be served by an individual water service/meter. Ensure that the
water service and meter for Parcel 2 complies with current City Standards.
17. Each unit shall ultimately be served by an individual sewer lateral per the Costa
Mesa Sanitary District (CMSD). Additional sewer improvements may be required
by the CMSD.
18. All existing overhead utilities shall be undergrounded.
19. An encroachment permit is required for all work activities within the public right-of-
way.
20. 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.
21. A 10 -foot street -use easement shall de dedicated along the Santiago Drive
frontage for future sidewalk improvements.
22. The frontage of Parcel 2 shall accommodate the driveway, curb drain(s)
constructed within a full height curb, and the individual water service and sewer
service.
3
17-24
Attachment C
July 23, 2020 Planning Commission Hearing Minutes
17-25
Planning Commission Minutes
July 23, 2020
Secretary Kleiman suggested changes to enforcement could alleviate some of the problems. The motion does
not indicate the Planning Commission supports STL operators and not residents. The motion indicates the
Planning Commission cannot make a recommendation without additional information.
AYES: Lowrey, Kleiman, Ellmore, Klaustermeier
NOES: Weigand, Rosene
RECUSED:
ABSENT: Koetting
Chair Weigand recessed the meeting for a short break
ITEM NO. 3 SHVETZ RESIDENTIAL SUBDIVISION (PA2020-041)
Site Location: 2400 Santiago Drive
Summary:
An amendment to the General Plan and a tentative parcel map to subdivide an existing single -unit
residential lot into two separate single -unit residential lots. An amendment to the City's General Plan is
necessary to allow for the increase of one additional dwelling unit in accordance with Land Use Policy LU
4.2 (Prohibition of New Residential Subdivisions).
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15303 under Class 3 (New Construction) of the CEQA Guidelines, because it has no potential to have
a significant effect on the environment; and
3. Adopt Resolution No. PC2020-028 approving General Plan Amendment No. GP2020-003 and
Tentative Parcel Map No. NP2020-007.
Associate Planner David Lee reported the applicant requests a Tentative Parcel Map to divide an existing single -
unit residential lot into two single -unit residential lots and a General Plan Amendment to increase the density by
one unit pursuant to General Plan Policy LU 4.2. The applicant has not proposed a development. The subject
property is located between Irvine and Tustin Avenues. Surrounding uses are all single residential. The lot
measures 300 feet deep by 120 feet wide. The applicant does not propose any changes to the existing home.
The new parcel will contain 15,000 square feet, leaving 21,060 square feet for the second parcel where the existing
home and driveway are located. The existing driveway satisfies the Fire Department's requirements for emergency
access. Facts in support of a General Plan Amendment are the addition of one dwelling unit to Statistical Area
J5, no change in the land use, the created lots' compliance with Zoning Code requirements for minimum lot width
and area, and the configuration's consistency with the neighborhood. Staff is conducting the Native American
Tribal consultation. Per Charter Section 423, the General Plan amendment does not require a vote of the people
because the proposal will not exceed thresholds for density, intensity, and peak hour trips. Facts in support of a
Tentative Parcel Map are the lot's suitability for an additional dwelling unit, the location in an urbanized area with
no sensitive vegetation or habitat, future development's compliance with Codes, and the requirement for the new
parcel to have its own utilities. If the Planning Commission approves the application, staff will complete the Native
American Tribal consultation and schedule a hearing before the City Council, which will likely occur at the Council's
second meeting in October.
In response to Commissioner Rosene's question, Associate Planner Lee advised that the drive aisle for the subject
site is 20 feet wide, and the drive aisle serving the two properties to the north is 25 feet wide. The Fire Department
requires a width of 20 feet for apparatus access.
Commissioner Rosene disclosed a drive by the property. Secretary Kleiman, Klaustermeier, Ellmore, and Vice
Chair Lowrey disclosed no ex parte communications. Chair Weigand disclosed communications with a neighbor.
Chair Weigand opened the public hearing.
8of12
17-26
Planning Commission Minutes
July 23, 2020
Shawna Schaffner, applicant representative, indicated three parcels on the street have previously been divided
into two parcels with configurations similar to that proposed for the subject parcel. She reiterated the proposed lot
sizes, access from Santiago Drive, and a net increase of one residential lot.
Jim Mosher remarked regarding the application's consistency with the General Plan. The staff report and proposed
resolution do not indicate the General Plan provision that will be amended. Staff indicated the application is
consistent with the General Plan policy that prohibits new residential subdivisions, which appears to be a
contradiction. He inquired whether a condition of approval prohibiting a gate across the driveway is necessary so
that emergency access is available at all times.
In reply to Chair Weigand's inquiry, Community Development Director Seimone Jurjis related that a condition of
approval requiring an application for development of the property be presented to the Zoning Administrator as a
receive and file item can be added. Chair Weigand explained that he wants to provide neighbors with an
opportunity for input, to increase vetting of any project, and to provide the Planning Commission with an opportunity
to call the project for review.
Chair Weigand closed the public hearing.
Motion made by Secretary Kleiman and seconded by Commissioner Ellmore to find this project exempt from
the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction) of
the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and adopt
Resolution No. PC2020-028 approving General Plan Amendment No. GP2020-003 and Tentative Parcel Map
No. NP2020-007.
Chair Weigand reopened the public hearing.
In answer to Chair Weigand's query, Ms. Schaffner commented that staff's review of projects is thorough. If
staff determines a future application for a residence meets the City's stringent guidelines, the application should
not be presented to the Zoning Administrator as the Zoning Code grants the Zoning Administrator little authority
to change the project. She requested a condition of approval not be added.
Secretary Kleiman concurred with Ms. Schaffner's analysis.
Chair Weigand closed the public hearing.
AYES: Weigand, Lowrey, Kleiman, Ellmore, Klaustermeier, Rosene
NOES:
ABSTAI N:
ABSENT: Koetting
[The Planning Commission proceeded to Item 2.]
ITEM NO. 4. INDUSTRIAL ZONING (IG) ZONING DISTRICT CODE AMENDMENTS (PA2020-042)
Site Location: Northwest corner of the City near Costa Mesa along Production Place, 1611
Street, and portions of Monrovia Avenue
Summary:
Amendments to Sections 20.70.020 (Definitions of Specialized Terms and Phrases), 20.24.020 (Industrial
Zoning District Land Uses and Permit Requirements), 20.40.040 (Off -Street Parking Spaces Required),
and 20.48.090 (Eating and Drinking Establishments) of Title 20 (Planning and Zoning) of the Newport
Beach Municipal Code. The changes would allow wine tasting rooms subject to obtaining a conditional
use permit in the IG Zoning District.
9of12
17-27
Attachment D
Airport Land Use Commission Determination Letter
17-28
ORANGE COUNTY
:4Lult:G
AIRPORT LAND USE COMMISSION
FOR ORANGE COUNTY
3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012
September 21, 2020
David Lee, Associate Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: ALUC Determination for City of Newport Beach Shvetz Residential Subdivision at
2400 Santiago Drive
Dear Mr. Lee:
During the meeting held on September 17, 2020, the Airport Land Use Commission (ALUC) for
Orange County considered the subject residential subdivision and the associated General Plan
Amendment. The matter was duly discussed, moved, seconded, and carried unanimously by the
Commission to find the proposed Shvetz Residential Subdivision and associated General Plan
Amendment for 2400 Santiago Drive to be Consistent with the Airport Environs Lana i 'se Plan
for John Wayne Airport (AELUP for JWA) with the condition that all buyers, lessees, and renters
be provided written "Notice of Airport in Vicinity" as described in AELUP for JWA Section 3.3.6
and California Business and Professions Code Section 11010:
"This property is presently located in the vicinity of an airport, within what is
known as an airport influence area. For that reason, the property may be subject to
some of the annoyances or inconveniences associated with proximity to airport
operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what
airport annoyances, if any, are associated with the property before you complete
your purchase and determine whether they are acceptable to you."
Please contact Julie Fitch, at (949) 252-5284 or at ifitch(@ocair.com if you require additional
information or have questions regarding this proceeding.
Sincerely,
� u
Lea U. Choum
Executive Officer
17-29
Attachment E
Project Plans
17-30
Y � '{ i ,�^C 15alXl' .. � •'Y1 = _ � ^ —� � cjP ` •. _ a .:M
Y. tY
Ito
_ Y
._ PARCELI- 1
AREA= 15,000 S0. FT.
0.34 ACRES PARCEL2
A= 21,060 SQ F �•^^
n 0.48 ACRESIW
i o
e-1 ralsn �'
r.
TENTATIVE PARCEL MAPTv
NO. 2020-105
...,aT.
te
/�..� WfO(trM�iWNry�p�Rrtr pa
RdM SURVEYING INC
a �•IRt) R t•H [rmr U WbFe ® Epl WYI. p -W -]I �SRNrIPCA OPIVF
VBMpG9Pb9 NV]i•� Gm, V4imm x0 RMI019rvE]t r6 /M1n Mvr¢ori[m•nr® 6EY.10•BYA NEN'POIIf BlACH
09MYY �eANr �
17-31