HomeMy WebLinkAbout20190725_Staff ReportCITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 25, 2019
Agenda Item No.2
SUBJECT: Narcissus Waterpointe, LLC Residential Condominiums (PA2019-068)
Tentative Parcel Map No. NP2019-005
County Tentative Parcel Map No. 2019-119
SITE LOCATION: 613 and 613 ½ Narcissus Ave
APPLICANT: Waterpointe Custom Home Builders
OWNER: Narcissus Waterpointe, LLC
PLANNER: Joselyn Perez, Planning Technician
949-644-3312, jperez@newportbeachca.gov
DISCUSSION
The captioned item was continued from the Zoning Administrator Meeting of June 13,
2019 to the Zoning Administrator Meeting of July 25, 2019 per the applicant’s request.
There have been no changes to the project design as summarized and evaluated in the
attached report.
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 25, 2019
Agenda Item No.2
SUBJECT: Narcissus Waterpointe, LLC Residential Condominiums (PA2019-068)
Tentative Parcel Map No. NP2019-005
County Tentative Parcel Map No. 2019-119
SITE LOCATION: 613 and 613 ½ Narcissus Ave
APPLICANT: Waterpointe Custom Home Builders
OWNER: Narcissus Waterpointe, LLC
PLANNER: Joselyn Perez, Planning Technician
949-644-3312, jperez@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
General Plan: RT (Two-Unit Residential)
Zoning District: R-2 (Two-Unit Residential)
PROJECT SUMMARY
The applicant requests approval of a tentative parcel map for two-unit condominium
purposes. A duplex has been demolished and a new duplex is currently under construction
pursuant to Zoning and Building Code requirements. The Tentative Parcel Map would allow
each unit to be sold individually. No waivers of Title 19 (Subdivisions) are proposed.
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) and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2019-005 (Attachment No. ZA 1).
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Narcissus Waterpointe, LLC Residential Condominiums (PA2019 -068)
Zoning Administrator, July 25, 2019
Page 2
Tmplt: 01/12/18
DISCUSSION
The Tentative Parcel Map is for two -unit residential condominium purposes. A
duplex has been demolished and a new duplex is currently 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 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 in 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 Narcissus Avenue
frontage, as needed, as well as the undergrounding of utilities, consistent with the
Subdivision Code (Title 19).
The parcel has an average slope that is less than 20 percent.
The parcel has not been involved in the division of a larger parcel within th e
previous two years.
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.
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. Therefore, the proposed parcel map is eligible
for the Class 15 exemption.
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Narcissus Waterpointe, LLC Residential Condominiums (PA2019 -068)
Zoning Administrator, July 25, 2019
Page 3
Tmplt: 01/12/18
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:
RU/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County Tentative Parcel Map No. 2019-119
3
Attachment No. ZA 1
Draft Resolution
4
05-15-2018
RESOLUTION NO. ZA2019-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2019-005 FOR TWO-UNIT CONDOMINIUM
PURPOSES LOCATED AT 613 and 613 ½ NARCISSUS AVENUE
(PA2019-068)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Waterpointe Custom Home Builders, with respect to property
located at 613 and 613 ½ Narcissus Avenue, and legally described as Lot 13, Block 640
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 duplex has been demolished and a new duplex
is currently under construction. The Tentative Parcel Map would allow each unit to be sold
individually. No waivers of Title 19 (Subdivisions) are proposed.
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 June 13, 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.
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.
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. Therefore, the propose d parcel
map is eligible for the Class 15 exemption.
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Zoning Administrator Resolution No. ZA2019-###
Page 2 of 8
05-15-2018
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code and is approved based on the following findings per Section 19.12 .070 (Required
Findings for Action on Tentative Maps) of Title 19:
Finding:
A. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with applicable
provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1. The Tentative Parcel Map is for two-unit residential condominium purposes. A duplex
has been demolished and a new duplex is currently 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 Narcissus 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:
1. The lot is physically suitable for a two-unit development because it is regular in
shape.
2. The subject property is accessible from Narcissus Avenue and the alley in 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 wildli fe
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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Zoning Administrator Resolution No. ZA2019-###
Page 3 of 8
05-15-2018
considerations make infeasible the mitigation measures or project alternatives identified
in the environmental impact report.
Facts in Support of Finding:
1. A duplex has been demolished and a new duplex 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. 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. .
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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Zoning Administrator Resolution No. ZA2019-###
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05-15-2018
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.
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 clim ate. The Newport
Beach Building Division enforces Title 24 compliance through the plan check and
inspection process.
Finding:
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Zoning Administrator Resolution No. ZA2019-###
Page 5 of 8
05-15-2018
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.
Fact in Support of Finding:
1. 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:
1. The residential building under construction has been designed to have wastewater
discharge into the existing sewer system and 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:
1. The subject property is not located within the coastal zone.
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Zoning Administrator Resolution No. ZA2019-###
Page 6 of 8
05-15-2018
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2019-005, 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 25th DAY OF JULY, 2019.
__________________________________
Rosalinh Ung, Zoning Administrator
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Zoning Administrator Resolution No. ZA2019-###
Page 7 of 8
05-15-2018
EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Subsequent to the recordation of the Parcel Map, the applicant shall apply for a building
permit for a description change of the subject project development from “duplex” to
“condominium”. The development will not be condominiums until this permit is 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. 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 Narcissus Waterpointe LLC Residential Condominiums including, but not
limited to Tentative Parcel Map NP2019-005 (PA2019-068). 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
6. A Parcel Map shall be recorded. The map shall be prepared on the California coordinate
system (North American Datum of 1983, 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 Subdivisions
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.
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Zoning Administrator Resolution No. ZA2019-###
Page 8 of 8
05-15-2018
7. 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.
8. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
9. All damaged sidewalk panels, curb, gutter, and street along the Narcissus Avenue
property frontage and any damaged concrete alley panels along the alley property
frontage shall be reconstructed as determined by the Public Works Department.
10. All existing overhead utilities shall be undergrounded.
11. No above ground improvements will be p ermitted within the 5-foot rear alley setback.
Smooth transitions between neighboring properties shall be provided.
12. New sod or low groundcovers of the type approved by the City shall be installed
throughout the Narcissus 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. The existing street tree along the Narcissus Avenue frontage shall be protected in place.
15. An encroachment permit shall be required for all work activities within the public right-
of-way.
16. All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
17. In case of damage done to public improvements surrounding the development site by
private construction, additional reconstruction within the public right-of-way shall be
required at the discretion of the Public Works Inspector.
12
Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
Tentative Parcel Map No. NP2019-005
(PA2019-068)
613 and 613 ½ Narcissus Ave
Subject Property
14
Attachment No. ZA 3
County Tentative Parcel Map No. 2019-119
15
NARCISSUS
AVENUE
ALLEY
LOT 13
C. D. M.
BLOCK 640
M.M. 3/42
LOT 11
LOT 15N49°28'00"W 117.99'N40°34'22"E 30.01'N49°28'20"W 117.98'N40°35'08"E 30.00'
CL
CL
LOT 13
BLOCK 640
CORONA DEL MAR
M.M. 3/41-42
SITE ADDRESS
613 NARCISSUS AVENUE
CORONA DEL MAR, CA 92625
(APN: 459-074-16)
SHEET 1 OF 1
TENTATIVE PARCEL
MAP NO. 2019-119
APRIL 2019
SCALE = 1" = 16'
HUNTINGTON BEACH, CALIFORNIA 92646
PHONE:(714)488-5006 FAX:(714)333-4440
APEXLSINC@GMAIL.COM
PREPARED BY: A. R. H.
PAUL D. CRAFT, P.L.S. 8516
LICENSE EXPIRES 12/31/20
OWNER/DEVELOPER:
NARCISSUS WATERPOINTE, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
THE LAND REFERRED TO HEREIN BELOW IS
SITUATED IN THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND DESCRIBED AS
FOLLOWS:
LOT 13, BLOCK 640 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.
Exp. 12/31/20
No. 8516PROFESSIONALLAND
S
URVEYORPAULD O M I NICK
CRAFTS
T
A
TE OF CA L I F O R NIADATE
JN: 18045
4/10/2019
16