HomeMy WebLinkAbout20170928_Staff Report
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 28, 2017
Agenda Item No. 7
SUBJECT: 418 and 418 ½ Fernleaf Tentative Parcel Map and CDP (PA2017-112)
SITE LOCATION: 418 and 418 ½ Fernleaf Avenue
CDP No. CD2017-053
Tentative Parcel Map No. NP2017-013
County Tentative Parcel Map No. 2017-136
APPLICANT: Berk Properties
OWNER: Fernleaf Properties, LP
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
Coastal Land Use Category: RT-D (Two-Unit Residential)
Coastal Zoning District: R-2 (Two-Unit Residential)
General Plan: RT (Two-Unit Residential)
Zoning District : R-2 (Two-Family Residential)
PROJECT SUMMARY
A request for tentative parcel map for two-unit condominium purposes. An existing duplex
has been demolished and a new two-unit dwelling is currently under construction. No
waivers of Title 19 are proposed. The Tentative Parcel map would allow each unit to be
sold individually. The Tentative Parcel Map also requires the approval of a Coastal
Development Permit pursuant to Title 21 Local Coastal Program Implementation Plan in
the Municpal Code.
RECOMMENDATION
1) Conduct a public hearing;
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418 and 418 ½ Fernleaf Tentative Parcel Map
Zoning Administrator, September 28, 2017
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2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315, Class 15 (Minor Land Divisions) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2017-013 and Coastal Development Permit No. CD2017-053 (Attachment No.
ZA 1).
DISCUSSION
An existing duplex has been demolished and a two-unit dwelling is currently under
construction, which will provide the code-required two-car parking per unit as
required by the Newport Beach Municipal Code. Vehicular access will be
maintained from the alley at the rear of the property.
The subject property is approximately 3,537 square feet in area and generally flat.
Approval of the Tentative Parcel Map will allow each unit to be sold individually.
The property is designated for two-unit residential use by the General Plan, Zoning
Code, Coastal Land Use Plan and Coastal Zoning District. 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 Municipal Code requirements
and meet all Title 19 standards.
The parcel map is subject to a coastal development permit and conforms to Title
21 Local Coastal Program Implementation Plan in the Municipal Code. The project
site is not located between the nearest public road and the sea or shoreline and
approval of the parcel map will not affect public recreation, access or views. The
parcel map will meet the required findings found in Section 21.52.015 F.
Public improvements such as reconstructing damaged concrete sidewalk panels,
curb and gutter along Fernelaf Avenue and First Avenue will be required of the
applicant per the Municipal Code and Subdivision Map Act.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). Class 15
exemption allows the division of property in urbanized areas zoned for residential,
commercial, or industrial use into four (4) or fewer parcels when the division is in
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Zoning Administrator, September 28, 2017
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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 (2) years, and the parcel does not
have an average slope greater than 20 percent.
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 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at 949-644-3200.
Prepared by:
GBR/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map No. NP2017-013
County Tentative Parcel Map No. 2017-136
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Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2017-013 AND COASTAL DEVELOPMENT PERMIT NO. CD2017-053 FOR TWO-UNIT CONDOMINIUM PURPOSES LOCATED AT 418 AND 418 ½ FERNLEAF AVENUE (PA2017-112)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Berk Properties, with respect to property located at 418 and
418 ½ Fernleaf Avenue, and legally described as Lot 20 in Block 333 of the Corona del Mar Tract requesting approval of a tentative parcel map and a coastal development permit.
2. The applicant proposes a tentative parcel map for two-unit condominium purposes. An
existing duplex has been demolished and a new two-unit dwelling is currently under
construction. No waivers of Title 19 are proposed. The Tentative Parcel map would allow each unit to be sold individually. The Tentative Parcel Map also requires the approval of a Coastal Development Permit pursuant to Title 21 Local Coastal Program Implementation
Plan of the Municipal Code.
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.
4. The subject property is located within the coastal zone and has a Coastal Land Use
Designation of Two-Unit Residential (RT-D) and a Coastal Zoning District of Two-Unit
Residential (R-2). 5. A public hearing was held on September 28, 2017 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 has been determined to be categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Class 15 (Minor Land Divisions).
2. The Class 15 exemption allows the division of property 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 proposed parcels are available, the parcel was
not involved in a division of a larger parcel within the previous two (2) years, and the
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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.
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code and approves the Coastal Development Permit based on the following findings per Section 21.52.015 F. of Title 21:
Finding:
A. That the proposed map conforms to all applicable sections of the certified Local Coastal
Program.
Facts in Support of Finding:
1. The Tentative Parcel Map is for condominium purposes and meets all of the requirements of the Local Coastal Program including 21.30.025 Coastal
Subdivisions.
2. The project site is not located between the nearest public road and the sea or
shoreline and approval of the parcel map will not affect public recreation, access or views.
3. The Tentative Parcel Map is for a property within a developed neighborhood that is
approximately 1,500 feet from the shoreline and is not near any natural landforms or
environmentally sensitive areas.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is between the nearest public road and the sea or shoreline of any body of
water located within the coastal zone.
Facts in Support of Finding:
1. The Tentative Parcel Map is not between the nearest public road and the sea or shoreline of any body of water located within the coastal zone.
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:
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Finding:
C. 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. An existing duplex has been demolished and a new two-unit dwelling is under
construction. The proposed subdivision and improvements are consistent with the
density of the R-2 Zoning District and the current General Plan Land Use Designation
“Two-Unit Residential.”
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 Fernleaf Avenue and First
Avenue frontage, consistent with the Subdivision Code (Title 19).
Finding:
D. 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 the alley at the rear and is adequately served by existing utilities.
Finding:
E. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat. However, notwithstanding the foregoing, the decision making body may
nevertheless approve such a subdivision if an environmental impact report was prepared
for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identified in the environmental
impact report.
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Facts in Support of Finding:
1. An existing duplex has been demolished and a new two-unit dwelling is currently under
construction.
2. The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat.
3. The project is categorically exempt under Section 15315 (Article 19 of Chapter 3), of
the California Environmental Quality Act (CEQA) Guidelines – Class 15 (Minor Land Alterations).
Finding:
F. That the design of the subdivision or the type of improvements is not likely to cause serious
public health problems.
Facts in Support of Finding:
1. The Tentative Parcel Map is for residential condominium purposes. All improvements associated with the project will comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public improvements will
be required of the developer per 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:
G. 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.
Facts in Support of Finding:
1. The project is conditioned to provide a 10-foot radius corner cut-off easement for a
new ADA compliant ramp access at the Fernleaf Avenue/First Avenue curb return
required to be recorded as a part of the parcel map.
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Finding:
H. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if
the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would
not be too small to sustain their agricultural use or the subdivision will result in residential
development incidental to the commercial agricultural use of the land.
Facts in Support of Finding:
1. The property is not subject to the Williamson Act because the subject property is not
designated as an agricultural preserve and is less than 100 acres in area.
2. The site is developed for residential use and is located in a Zoning District that permits
residential uses.
Finding:
I. 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:
J. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Facts in Support of Finding:
1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the
California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach
Building Division enforces Title 24 compliance through the plan check and inspection
process.
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Finding:
K. 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.
Facts 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:
L. 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.
Facts in Support of Finding:
1. The new two-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:
M. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms
with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act.
Facts in Support of Finding:
1. The subject property is within the Coastal Zone. The facts in support of findings A and
B above are hereby incorporated by reference.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. Zoning Administrator of the City of Newport Beach hereby approves PA2017-113 for
Tentative Parcel Map No. NP2017-013 and Coastal Development Permit No. CD2017-
053, 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 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
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Development Director in accordance with the provisions of Title 21 Local Coastal
Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 28th DAY OF SEPTEMBER, 2017.
_____________________________________
Patrick J. Alford, Zoning Administrator
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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. This approval shall expire and become void unless exercised within twenty-four (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 20 (Planning and Zoning) of the
Newport Beach Municipal Code.
4. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of the 418 Fernleaf Avenue Tentative Parcel Map and Coastal Development
Permit including, but not limited to, Tentative Parcel Map No. NP2017-013 and Coastal
Development Permit No. CD2017-053 (PA2017-112). 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 Conditions
5. A Final Parcel Map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD88). Prior to recordation of the Map, the surveyor/engineer preparing the map shall submit to the County Surveyor and the City of Newport Beach
a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337
of the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned imaged will not be accepted.
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6. Prior to the 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 the construction project.
7. All existing private, non-standard improvements within the public right-of-way and/or
extensions of private, non-standard improvements into the public right-of-way fronting the development site shall be removed.
8. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
9. A 10-foot radius corner cut-off easement for a new ADA compliant ramp access at the
Fernleaf Avenue/First Avenue curb return shall be recorded as a part of the parcel map.
10. Reconstruct all damaged concrete sidewalk panels, curb and gutter along the Fernelaf
Avenue and First Avenue property frontages and any damaged concrete alley panels along the alley property frontage as determined by the Public Works Department.
11. All existing overhead utilities shall be undergrounded.
12. A new minimum 4-feet (4’) wide concrete sidewalk shall be constructed along the entire First Avenue frontage.
13. Upon the construction of the new concrete sidewalk along the First Avenue frontage, a
new ADA compliant curb access ramp shall be constructed at the Fernleaf Avenue/First
Avenue curb return.
14. All above ground improvements shall stay a minimum 5-foot clear of the alley setback.
15. Fernleaf Avenue and First Avenue are part of the City’s Moratorium List. Work performed
on said roadways will require additional surfacing requirements. See City Standard 105-L-F.
16. Install new sod or low groundcovers of the type approved by the City throughout the
Fernleaf Avenue and First Avenue parkways fronting the development site.
17. Each unit shall be served by its individual water service/meter and sewer lateral and
cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade
box and cover.
18. An encroachment permit is required for all work activities within the public right-of-way.
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19. All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L and Municipal Code Section 20.30.130.
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. All on-site drainage shall comply with the latest City Water Quality requirements.
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Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
Tentative Parcel Map No. NP2017-013
and Coastal Development Permit No. CD2017-053
PA2017-112
418 and 418 ½ Fernleaf Avenue
Subject Property
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Attachment No. ZA 3
Tentative Parcel Map
17
N49°24'39"W 118.03'N40°32'48"E 30.00'
ALLEY
CLLOT 18FERNLEAF AVENUE
CL
CLCLN49°24'37"W118.03'N40°32'45"E 30.00'
LOT 20, BLOCK 333
CORONA DEL MAR TRACT
M.M. 3/41-42
SITE ADDRESS
418 FERNLEAF AVENUE
CORONA DEL MAR, CA 92625
(APN: 459-116-01)
Exp. 12/31/18
No. 8516PROFESSIONALLAND
S
URVEYORPAUL D O M INICK
CRAFTS
T
ATE
OF
CA L I F O R NIASHEET 1 OF 1
TENTATIVE PARCEL
MAP NO. 2017-136
MAY 2017
SCALE = 1" = 16'
HUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440
APEXLSINC@GMAIL.COM
PREPARED BY:
PAUL D. CRAFT, P.L.S. 8516
LICENSE EXPIRES 12/31/18
OWNER/DEVELOPER:
FERNLEAF PROPERTIES, LP, A CALIFORNIA
LIMITED PARTNERSHIP
THE LAND REFERRED TO HEREIN BELOW IS
SITUATED IN THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND DESCRIBED AS FOLLOWS:
LOT 20 IN BLOCK 333 OF CORONA DEL MAR
TRACT, 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 COUNTY.
5/26/2017
PA2017-112
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