HomeMy WebLinkAbout01_39th Street Parcel MapfiEWPOe COMMUNITY DEVELOPMENT DEPARTMENT
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PLANNING DIVISION
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(949) 644 -3200 Fax: (949) 644 -3229
C7CIFURN�C www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 12, 2012
Agenda Item 1
SUBJECT: 39th Street Parcel Map - (PA2012 -044)
118 39th Street
• Parcel Map No. NP2012 -004
• County Tentative Parcel Map No. 2010 -132
APPLICANT: 11839th Street, LLC
PLANNER: Benjamin M. Zdeba, Assistant Planner
(949) 644 -3253, bzdeba @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: R -2 (Two -Unit Residential)
• General Plan: RT (Two -Unit Residential)
PROJECT SUMMARY
A parcel map application for two -unit condominium purposes. No waivers of Title 19
(Subdivisions) development standards are proposed with this application. The parcel
map would allow each unit of the duplex, currently under construction, to be sold
individually. The property was previously improved with a duplex.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Parcel Map No.
NP2012 -004 (Attachment No. ZA 1).
DISCUSSION
• A single - family residence was demolished and a new duplex is being
constructed.
391h Street Parcel Map
September 12, 2012
Page 2
• The property is designated for two -unit residential use by the General Plan and
Zoning Code. The new duplex is consistent with this designation and a parcel
map for condominiums does not change the use.
• The parcel map approval will allow the units to be sold separately.
• The new duplex conforms to all current Municipal Code requirements and the
condominiums will meet all of the Title 19 standards.
• As conditioned, in -lieu park dedication and in -lieu affordable housing fees will be
paid for the establishment of a new dwelling unit.
ENVIRONMENTAL REVIEW
The project qualifies for Class 15 (Minor Land Divisions) categorical exemption, Section
15315 of the California Environmental Quality Act. This 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 to local standards are available, the parcel was not involved in a division of a
larger parcel within the previous 2 years, and the parcel does not have an average
slope greater than 20 percent. The proposed 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 prior to the decision date, 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
or City Clerk, as applicable, within ten (10) days following the date the action or decision
was rendered. For additional information on filing an appeal, contact the Planning Division
at 949 644 -3200.
Prepared by:
Be ja i M! eba
Asst tant Planner
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Attachments
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391h Street Parcel Map
September 12, 2012
Page 3
ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 County Tentative Parcel Map No. 2010 -132
Attachment No. ZA 1
Draft Resolution
RESOLUTION NO. ZA2012 -DRAFT
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2012 -004 FOR A PARCEL MAP FOR TWO -UNIT
CONDOMINIUM PURPOSES (PA2012 -044).
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Joey Martinez on behalf of 118 39th Street, LLC, with respect
to property located at 118 39th Street, and legally described as Lot 10, Block 38 of the
River Section requesting approval of a Tentative Parcel Map for two -unit condominium
purposes.
2. No waivers of Title 19 (Subdivisions) development standards are proposed. A single -
family residence was demolished and a new duplex is being constructed.
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 located within the Coastal Zone and has a Coastal Land Use
Plan designation of RT -E (Two Unit Residential - (30.0 - 39.9 DU /AC)).
5. A public hearing was held on September 12, 2012 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting 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 meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15315 of the California Environmental Quality Act under Class 15 (Minor Land
Divisions) of the Implementing Guidelines of the California Environmental Quality Act.
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 to local standards are
available, the parcel was not involved in a division of a larger parcel within the
previous 2 years, and the parcel does not have an average slope greater than 20
percent. The proposed parcel map is for condominium purposes and is consistent with
all of the requirements of the Class 15 exemption.
Zoning Administrator Resolution No. ZA2012 -DRAFT
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SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the proposed parcel map is consistent
with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved
based on the following findings per Section 19.12.070 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 proposed Parcel Map is for two -unit condominium purposes. A single - family
residence was demolished and is being replaced with a new duplex. The proposed
subdivision and improvements are consistent with the density of the R -2 Zoning
District and the General Plan Land Use Designation "Two Unit Residential'.
Finding
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding
1. The lot is regular in shape, has a slope of less than 20 percent, and is suitable for two -
unit development.
Finding
C. f the design of the subdivision or the proposed improvements will not cause
subantial 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.
Facts in Support of Finding
1. This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under Class
15 (Minor Land Divisions) which 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 to local
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standards are available, the parcel was not involved in a division of a larger parcel
within the previous 2 years, and the parcel does not have an average slope greater
than 20 percent. The proposed parcel map is for condominium purposes and is
consistent with all of the requirements of the Class 15 exemption.
Finding
D. 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 proposed Parcel Map is for residential condominium purposes. All construction for
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 of the Municipal Code and Section 66411 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 easements
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
The design of the development will not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development
as there are no public easements that are 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
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.
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Facts in Support of Finding
1. The property is not subject to the Williamson Act since the subject property is not
designated as an agricultural preserve and is less than 100 acres.
Finding
G. That, in the case of a "land project" as defined in Section 11000.5 of the California
Business and Professions Code: (a) there is an adopted specific plan for the area to
be included within the land project; and (b) the deq. on- making body finds that the
proposed land project is consistent with the specifi `r the area.
Facts in Support of Finding
1
The property is not a "land proje
Business and Professions Code.
2. The project is not located within a
Finding
11000.5 of the California
H. That solar access and passive heating and cod kg g design requirements have been
satisfied in accordance with Sections 66473.1 a 66 .3 of the Subdivision Map
Act.
Facts in Support of Finding XAO
1. The proposed Parcel Map and 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.
Finding
1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing need and that it balances the housing needs of the region against the
public service needs of the City's residents and available fiscal and environmental
resources.
Facts in Support of Finding
1. The allowed residential density on the site will remain the same, which allows two units
in the R -2 Zoning District. Therefore, the parcel map for condominium purposes will
not affect the City in meeting its regional housing need.
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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.
Facts in Support of Finding
1. Wastewater discharge into the existing sewer system has been designed to comply
with the Regional Water Quality Control Board (RWQ 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.
Facts in Support of Finding AIIIIIIIIIIIlik
1. The subject property is located within the Coastal Zone, and ther no public access
or recreation area located on the site. The proposed subdivision would be consistent
with the policies of the Local Coastal Program Land Use Plan.
Finding
L. That public improveme will be required of the Applicant per the Municipal Code and
the Subdivision Map Act.
Facts in Support of Finding
1 A project has been conditioned to require public improvements including
rec . structing existing broken or otherwise damaged sidewalks, curbs, and gutters.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Parcel Map No.
NP2012 -004, 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 ten days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 19 Subdivisions, of the
Newport Beach Municipal Code.
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PASSED, APPROVED AND ADOPTED THIS 12" DAY OF SEPTEMBER, 2012.
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. A 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 images will not be accepted.
2. 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.
3. Prior to recordation of the parcel map, park dedication fees for one new residential unit
shall be paid consistent with the fee amount in effect at the time of payment.
4. Prior to recordation of the parcel map, in -lieu housing fees for one new residential unit
shall be paid consistent with the fee amount in effect at the time of payment.
5. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
6. All existing overhead' u ilitt ies shall be undergrounded in accordance with Section
19.28.090 of the Municipal Code.
7. All above ground improvements shall stay clear of the 5 -foot alley setback.
8. Applicant shall reconstruct the existing broken and /or otherwise damaged concrete
sidewalk panels, curb, and gutter along the 39th Street frontage.
9. All existing drainage facilities in the public right -of -way, including the existing curb
drains along the 39th Street frontage shall be retrofitted to comply with the City's on-
site non -storm runoff retention requirements.
10. 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.
11. 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
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cover. Water meter and the sewer cleanout shall be located within the Public right -of-
way.
12. An encroachment permit is required for all work activities within the public right -of -way.
13. 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.
14. All on -site drainage shall comply with the latest City Water Quality requirements.
15. A Public Works Department encroachment permit inspection is required before the
Building Division permit final can be issued. At the time of Public Works Department
inspection, if any of the existing public improvements surrounding the site is damaged,
new concrete sidewalk, curb and gutter, and alley /street pavement will be required and
100% paid by the owner. Said determination and the extent of the repair work shall be
made at the discretion of the Public Works Inspector. A4,
16. Each dwelling unit shall be served with individual gas and electrical service connection
and shall maintain separate meters for the utilities.
17. Two -car parking, including one enclosed garage space, shall be provided on site for
each dwelling unit per requirements of the Zoning Code.
18. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagmen. Traffic control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements.
19. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport
_4"ch Municipal Code, approved street numbers or addresses shall be placed on all
neW<Iapd existing buildings in such a location that is plainly visible and legible from the
street stir road fronting the subject property. Said numbers shall be of non - combustible
materials, shall contrast with the background, and shall be either internally or
externally illuminated to be visible at night. Numbers shall be no less than four inches
in height with a one -inch wide stroke. The Planning Division Plan Check designee
shall verify the installation of the approved street number or addresses during the plan
check process for the new or remodeled structure.
20. Subsequent to recordation of the Parcel Map, the applicant shall apply for a building
permit for description change of the subject project development from "duplex" to
"condominium." The development will not be condominiums until this permit is
finaled. The building permit for the new construction shall not be finaled until after
recordation of the Parcel Map.
21. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
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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 39th Street
Parcel Map including, but not limited to, the PA2012 -044. 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.
22. This Parcel Map shall expire if the map has not been recorded within 24 months of the
date of approval, unless an extension is granted by the Director in accordance with the
provisions of Section 19.16 of the Newport Beach Municipal Code.
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Attachment No. ZA 2
Vicinity Map
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