HomeMy WebLinkAbout20200514_ZA_Staff ReportCITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 14, 2020
Agenda Item No.2
SUBJECT:GSP Waterpointe,LLC Condominiums (PA2019-246)
Tentative Parcel Map No.NP2019-016
County Tentative Parcel Map No.2019-176
SITE LOCATION:611 Poinsettia Avenue
APPLICANT:GSP Waterpointe, LLC
OWNER:GSP Waterpointe,LLC
PLANNER:Melinda Whelan, Assistant Planner
949-644-3221 or mwhelan@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category:RT (Two Unit Residential)
Zoning District:R-2 (Two-Unit Residential)
PROJECT SUMMARY
A request for a tentative parcel map for two -unit condominium purposes. A single -family
dwelling will be demolished and a new duplex has been permitted.No waivers of Title 19
(Subdivisions) are proposed. The Tentative Parcel Map would allow each unit to b e 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)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; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No.NP2019-016 (Attachment No. ZA 1).
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Zoning Administrator,May 14,2020
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DISCUSSION
A single-family dwelling will be demolished ,and a new duplex has been permitted,
which will provide the Zoning Code-required,two-car parking per unit. Vehicular
access will be maintained from the alley.
The subject property is generally flat and measures 3,540 square feet in area.
Approval of the Tentative Parcel Map will allow each unit to be sold individually.
A park fee will be assessed for one additional unit prior to the recordation of the
parcel map.
The property is designated for two -unit residential use by the General Plan and
Zoning Code. The new two-unit dwelling is consistent with this designation and a
tentative parcel map for condominiums does not change the use.
The new condominium project will conform to current Newport Beach Municipal
Code (NBMC)requirements and will meet all Title 19 (Subdivisions)standards.
Public improvements,such as repairing and replacing broken and/or otherwise
damaged sidewalk panels and curb/gutter along the Poinsettia Avenue property
frontage and alley,will be required of the applicant per the NBMC and Subdivision
Map Act.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315 under Class 15 (Minor Land
Divisions)of the State 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.The Tentative Parcel Map is for condominium purposes and is consistent with
all of the requirements of the Class 15 exemption.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways),including the applicant,and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the NBMC. Additionally,
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GSP Waterpointe ,LLC Condominiums (PA2019-246)
Zoning Administrator,May 14,2020
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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:
Attachments:ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO.ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,APPROVING
TENTATIVE PARCEL MAP NO. NP2019 -016 FOR TWO (2)-UNIT
CONDOMINIUM PURPOSES LOCATED AT 611 POINSETTIA
AVENUE (PA2019-246)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1.STATEMENT OF FACTS.
1.An application was filed by GSP Waterpointe, LLC (Applicant),with respect to property
located at 611 Poinsettia Avenue, and legally described as Lot 11, Block 642 Corona del
Mar Tract,requesting approval of a tentative parcel map for condominium purposes.
2.The applicant requests a tentative parcel map for two (2)-unit condominium purposes.A
single-family dwelling will be demolished,and a new duplex has been permitted. No
waivers of Newport Beach Municipal Code (NBMC)Title 19 (Subdivisions) are proposed.
The tentative parcel map would allow each unit to be sold individually.
3.The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two Unit Residential (RT).
4.The subject property is not located within the coastal zone; therefore, a coastal
development permit is not required.
5.A public hearing was held on May 14, 2020,in the Council Chambers at 100 Civic Center
Drive, Newport Beach.A notice of time, place and purpose of the hearing was given in
accordance with the NBMC. Evidence, both written and oral, was presented to,and
considered by,the Zoning Administrator at this hearing.
SECTION 2.CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION .
1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California
Code of Regulations, Title 14,Division 6,Chapter 3, because it has no potential to have a
significant effect on the environment.
2.The Class 15 exemption allows the division of prope rty in urbanized areas zoned for
residential, commercial, or industrial use into four (4) 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 propose d parcels are available, the parcel was not involved
in a division of a larger parcel within the previous two (2)years, and the parcel does not
have an average slope greater than 20 percent. The Tentative Parcel Map is for
condominium purposes and is consistent with all of the requirements of the Class 15
exemption.
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SECTION 3.REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of NBMC Title 20 (Planning and Zoning) a nd is approved based on
the following findings per NBMC Section 19.12.070 (Required Findings for Action on Tentative
Maps):
Finding:
A.That the proposed map and the design or improvements of the subdivision are consistent
with the General Plan and any applicable specific plan, and with applicable provisions of
the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1.The Tentative Parcel Map is for two (2)-unit residential condominium purposes.A
single-family dwelling will be demolished,and a new two-unit dwelling has been
permitted. The proposed subdivision and improvements are consistent with the
density of the R-2 Zoning District and the RT General Plan Land Use Designation.
2.The subject property is not located within a spec ific plan area.
3.The project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters along the Poinsettia Avenue frontage
and any damaged concrete alley panels consistent with NBMC 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 two (2)-unit residential development because it is
regular in shape.A single-family dwelling will be demolished and a new duplex has
been permitted.
2.The subject property is accessible from the alley and is adequately served by all
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 m ay
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
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Environmental Quality Act that specific economic, social, or other considerations m ake
infeasible the mitigation measures or project alternatives identified in the environmental
impact report.
Facts in Support of Finding:
1.A single-family dwelling will be demolished and a new duplex has been permitted.
2.The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat.
3.The project is categorically exempt under Section 15315 (Article 19 of Chapter 3) of
the CEQA Guidelines Class 15 (Minor Land Alterations).
Finding:
D.That the design of the subdivision or the type of improvements is not likely to cause serious
public health problems.
Fact in Support of Finding:
1.The Tentative Parcel Map is for residential condominium purposes. All improvements
associated with the project will comply wit h all Building, Public Works, and Fire
Codes, which are in place to prevent serious public health problems. Public
improvements will be required of the developer per NBMC Section 19.28.010
(General Improvement Requirements) and Section 66411 (Local Agencie s 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 approv e a map if
it finds that alternate easements, for access or for use, will be provided and that these
easements will be substantially equivalent to ones previously acquired by the public. This
finding shall apply only to easements of record or to easements established by judgment of
a court of competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or use of
property within a subdivision.
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Fact in Support of Finding:
1.The design of the development will not conflict with easements acquired by the public
at large, for access through, or use of property within the proposed development,
because there are no public easements located on the property.
Finding:
F.That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if
the land is subject to a contract entered into pursuant to the California Land Conservation
Act of 1965 (Williamson Act), the resulting parcels following a subdivisi on 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 W illiamson Act because the subject property is not
designated as an agricultural preserve and is less than 100 acres in area.
2.The property was previously developed with a residential use and is located in a
Zoning District that permits residential uses.
Finding:
G.
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 consider
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 Code of Regulations (the California Building Code)that requires new
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construction to meet minimum heating and cooling efficiency standards depending
on location and climate. The Newport Beach Building Division enforces Title 2 4
compliance through the plan check and inspection process.
Finding:
I.That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
housing need and that it balances the housing needs of the region against the public service
Fact in Support of Finding:
1.The proposed two (2)-unit dwelling is consistent with the intended uses of the R-2
Zoning District, which allows two (2)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 new two (2)-unit dwelling will be designed so that wastewater discharge into the
existing sewer system complies with the Regional Water Quality Control Board
(RWQCB) requirements.
Finding:
K.For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms
with the certified Local Coastal Program and, where applicable, with public access and
recreation policies of Chapter Three of the Coastal Act.
Fact in Support of Finding:
1.The subject property is not within the Coastal Zone.
SECTION 4.DECISION.
NOW,THEREFORE,BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15315 under Class 15 (Minor Land Divisions)of the CEQA Guidelines, California Code
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of Regulations, Title 14,Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2.The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2019-016, subject to the conditions set forth in Exhibit A,which is attached
here to and incorporated by reference.
3.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 NBMC Title 19
Subdivisions.
PASSED, APPROVED,AND ADOPTED THIS 14th DAY OF MAY, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
Planning Division
1.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2.Prior to the recordation of the Parcel Map,the In-Lieu Park Dedication fee in effect at the
time shall be assessed for one (1)unit.
3.Subsequent to the recordation of the Parcel Map, the applicant shall apply for a building
4.The building permit for the new construction shall not be final until after recordation of the
parcel map.
5.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.
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
and court costs) of every kind and nature
approval of the GSP Waterpointe,LLC Condominiums including, but not limited to,
Tentative Parcel Map No.NP2019-016 (PA2019-246).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 Department
7.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 s 7-9-330 and 7-9-337 of the Orange
County Subdivision Code and Orange County Subdivision Manual, Sub -article 18.The
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Map to be submitted to the City of Newport Beach shall comply with th
CADD Standards. Scanned images will not be accepted.
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 Poinsettia 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 permitted within the rear alley setback. Smooth
transitions between neighboring properties shall be provided.
12.New sod or low groundcovers of the type approved by the City throu ghout the Poinsettia
Avenue parkway fronting the development site shall be installed.
13.A new 36-inch box street tree shall be installed along the Poinsettia Avenue public right -
of-way.
14.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.
15.An encroachment permit is required for all work activities within the public right -of-way.
16.t distance requirement. See City
Standard 110-L.
17.All existing private improvements within the Poinsettia Avenue right of way, including
but not limited to, pavers and decorative brick hardscape shall be removed.
18.In case of damage done to public improv ements 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.
Building Division
19.Independent utility services shall be provided for each unit.
20.Independent fire risers shall be required for each unit.
21.Construction shall comply with the California Code of Regulations.
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Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
Tentative Parcel Map No.NP2019-016
PA2019-246
611 Poinsettia Avenue
Subject Property
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Attachment No. ZA 3
Tentative Parcel Map
15
SHEET 2 OF 2 SHEETS
SCALE: 1"=20'
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
PAUL D. CRAFT , P.L.S. 8516 - APEX LAND SURVEYING, INC. - SEPTEMBER 2019
ALL OF TENTATIVE PARCEL MAP NO. 2019-176
DATE OF SURVEY: SEPTEMBER 2019
1 NUMBERED PARCEL
AREA: 3,540 SQ.FT.; 0.081 ACRES
NP
1"=20'
16
1
From: Buzz <buzzlaw@buzzperson.com>
Sent: Friday, May 8, 2020 4:35 AM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>
Cc: Garrett <garrett@waterpointecustom.com>; Christopher Calacci <Christopher@waterpointecustom.com>
Subject: Re: PA2019‐246 GSP Waterpointe, LLC Condominiums
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe.
Hi Melinda....
This will affirm that my client and I have reviewed the Conditions of Approval for this project and we
make no objections to same.
We will no physically attend the meeting, however you can make the representation to the Zoning
Administrator that the owner/developer agrees to the Conditions of Approval.
Thanks for your help on this. It is appreciated.
Regards,
James C. "Buzz" Person
Attorney at Law
507 29th Street Suite A
Newport Beach, CA 92663
Telephone: (949) 673-9201
No Facsimile
email: buzzlaw@buzzperson.com
NOTICE: PRIVILEGED AND/OR CONFIDENTIAL INFORMATION
This message and any attached documents may contain information that is privileged, confidential
and exempt from disclosure under applicable law. It is only for the use of the named recipient,
employee or agent and then solely for its intended purpose. Any other use is prohibited. Any other
recipient is notified that dissemination, distribution or copying this information or using it in any
manner is prohibited. If you have received this communication in error, please notify us
immediately.
------ Original Message ------
From: "Whelan, Melinda" <MWhelan@newportbeachca.gov>
To: "'Buzz'" <buzzlaw@buzzperson.com>
Sent: 5/6/2020 6:44:32 PM
Subject: PA2019-246 GSP Waterpointe, LLC Condominiums
Good Morning,
Please find the complete staff report including the draft resolution. Please review all of the
conditions and let me know if you have any questions. Thank you.
Melinda Whelan
Zoning Administrator - May 14, 2020
Item No. 2a Additional Materials Received
GSP Waterpointe, LLC Condominiums Tentative Parcel Map (PA2019-246)