HomeMy WebLinkAbout01 - 721 Poppy Avenue Parcel Map_PA2012-134�EWPOe COMMUNITY DEVELOPMENT DEPARTMENT
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PLANNING DIVISION
�� m 3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644 -3200 Fax: (949) 644 -3229
CgCIFUFN`P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 14, 2012
Agenda Item 1
SUBJECT: Poppy Avenue Parcel Map - (PA2012 -134)
721 Poppy Avenue
• Parcel Map No. NP2012 -008
• County Tentative Parcel Map No. 2012 -138
APPLICANT: CDM Village Properties, 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 tentative parcel map application for two -unit condominium purposes. No exceptions to
Title 19 (Subdivision Code) development standards are proposed with this application.
The property was developed with a duplex that has been demolished and will a new
duplex is currently under construction.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Parcel Map No.
NP2012 -008 (Attachment No. ZA 1).
DISCUSSION
• An existing duplex was demolished and a new duplex is currently under
construction.
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721 Poppy Avenue Parcel Map
November 14, 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.
• Public improvements will be required of the Applicant per the Municipal Code and
the Subdivision Map Act.
ENVIRONMENTAL REVIEW
The project qualifies for Class 15 (Minor Land Divisions) categorical exemption, Section
15315 of the California Environmental Quality Act because 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 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 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.
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
Assi tant Planner
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Attachments
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ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map
721 Poppy Avenue Parcel Map
November 14, 2012
Page 3
4
Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2012 -DRAFT
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING TENTATIVE PARCEL
MAP NO. NP2012 -008 FOR A PARCEL MAP FOR TWO -UNIT
CONDOMINIUM PURPOSES (PA2012 -134)
THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Leonard C. Stiles, representing the property owner, CDM
Village Properties, LLC, with respect to property located at 721 Poppy Avenue, and
legally described as the northeasterly one -half of Lot 19 and all of Lot 21, Block 743, 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 requesting approval of a Tentative Parcel Map.
2. The applicant requests a tentative parcel map for two -unit condominium purposes. No
exceptions to the Title 19 (Subdivision Code) development standards are proposed
with this application. The code required two -car parking per unit will be provided. The
property was developed with duplex that has been demolished and a new duplex is
currently under construction.
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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.
5. A public hearing was held on November 14, 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 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 are available, the parcel was
not involved in a division of a larger parcel within the previous two years, and the
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Zoning Administrator Resolution No. ZA2012 -DRAFT
Page 2 of 9
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.
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 (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 proposed Parcel Map is for two -unit condominium purposes. An existing duplex
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
current General Plan Land Use Designation "Two -Unit Residential'.
Findingv =�
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding Am A
1. The lot is regular in shape, has a slope of less than 20 percent, and is suitable for two -
unit development.
Finding
C. That the design of the subdivision or the proposed improvements will not 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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Zoning Administrator Resolution No. ZA2012 -DRAFT
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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 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
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
serious public health problems.
Facts in Support of Finding
is\no f/kel„� to cause
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 (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 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
1. 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.
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Zoning Administrator Resolution No. ZA2012 -DRAFT
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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 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 decision- making body finds that the
proposed land project is consis with the specific plan for the area.
Facts in Support of Finding
1. The property is not a "land project' as defined in Section 11000.5 of the California
Business and Professions Code.
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.
Facts in Support of Finding
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
Department 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
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Zoning Administrator Resolution No. ZA2012 -DRAFT
Page 5 of 9
public service needs of the City's residents and available fiscal and environmental
resources.
Facts in Support of Finding
1. The 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.
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 desi ed to comply
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.
Facts in Support of Finding
1. The subject property is not located within the Coastal Zone.
Finding .
L. That public improvements will be required of the Applicant per the Municipal Code and
the Subdivision Map Act.
Facts in Support of Finding
1. The project has been conditioned to require public improvements including the
dedication of a corner cutoff at the corner of Poppy Avenue and Fifth Avenue,
reconstructing existing broken or otherwise damaged sidewalks, curbs, and gutters,
and the planting of a street tree.
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Zoning Administrator Resolution No. ZA2012 -DRAFT
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Parcel Map No.
NP2012 -008, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
2. Tentative Parcel Map applications do not become effective until 10 days following the
date of action. Prior to the effective date, the applicant or any interested party may
appeal the decision of the Zoning Administrator to the Planning Commission by
submitting a written appeal application to the Community Development Director. For
additional information on filing an appeal, contact the Planning Division at (949) 644-
3200.
L
PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF NOVEMBER, 2012
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Zoning Administrator Resolution No. ZA2012 -DRAFT
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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 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.
3. Prior to recordation of the parcel map, the existing broken and /or otherwise damaged
concrete sidewalk panels, curb and gutter along the Poppy Avenue and Fifth Avenue
frontages shall be reconstructed. The limits of reconstruction are at the discretion of
the Public Works Inspector.
4. Prior to recordation of the parcel map, all existing overhead utility connections shall be
undergrounded.
5. Prior to recordation of the parcel map, all 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.
6. Prior to recordation of the parcel map, new curb drains shall be installed per City
Standard STD - 184 -L.
7. Prior to recordation of the parcel map, a Public Works Department encroachment
permit inspection is required. 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 percent
paid by the owner. Said determination and the extent of the repair work shall be made
at the discretion of the Public Works Inspector.
8. Prior to recordation of the parcel map, one (1) new 36 -inch boxed Hymenosporum
Flavum "Sweet Shade" Street Tree shall be planted along the Fifth Avenue frontage
per Chapter 13 of the City Municipal Code, unless otherwise approved by the
Municipal Operations Department.
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Zoning Administrator Resolution No. ZA2012 -DRAFT
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9. Prior to recordation of the parcel map, a 10 -foot radius corner cutoff at the corner of
Poppy Avenue and Fifth Avenue shall be dedicated to the City for street purposes. A
Grant of Easement for Utilities and Street Purposes shall be submitted for City review
and County of Orange recording. All drawings and exhibits submitted for said
dedication purposes shall conform to the City's CADD Standards. Scanned images will
not be accepted. The Public Works Department plan check approval will not be issued
until said document has been submitted. The Certificate of Occupancy will not be
issued until said Map has been recorded by the County of Orange.
10. Prior to recordation of the parcel map, a 4- foot -wide, full -width concrete sidewalk shall
be constructed along the entire Fifth Avenue property frontage per City Standard STD -
180 -L.
11. Prior to recordation of the parcel map, the existing curb access ramp at the Poppy
Avenue and Fifth Avenue curb return shall be upgraded to be ADA compliant.
12. Prior to recordation of the parcel map, the existing driveway approach along Fifth
Avenue shall be replaced with a new driveway plug per City Standard STD 165 -L.
13. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
14. Additional public works improvements, including street and alley reconstruction work,
may be required at the discretion of the Public Works Inspector.
15. Fifth Avenue and Poppy Avenue are part of the City's Moratorium List. As such,
additional surfacing requirements are applicable to work on said roadways per City
Standard STD 105 -L -F.
16. All above ground improvements shall stay clear of the 5 -foot rear alley setback.
17. All improvements shall comply with the City's sight distance requirement (City
Standard STD - 110 -L). K
18. All on -site drainage shall comply with the latest City Water Quality requirements.
19. An approved encroachment permit is required for all work activities within the public
right -of -way.
20. 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. Water meter and the sewer cleanout shall be located within the Public right -of-
way.
21. Each dwelling unit shall be served with individual gas and electrical service connection
and shall maintain separate meters for the utilities.
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Zoning Administrator Resolution No. ZA2012 -DRAFT
Page 9 of 9
22. Two -car parking, including one enclosed garage space, shall be provided on site for
each dwelling unit per requirements of the Zoning Code.
23. In compliance with the requirements of Chapter 9.04, Section 505.1 (Premises
Identification), of the Newport Beach Municipal Code, approved street numbers or
addresses shall be placed on all new and existing buildings in such a location that is
plainly visible and legible from the street or 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.
24. Subsequent to 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
finaled. The building permit for the new construction shall not be finaled until after
recordation of the Parcel Map.
25. 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 721 Poppy
Avenue Parcel Map including, but not limited to, Parcel Map No. NP2012 -008
(PA2012 -134). 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.
26. This Parcel Map shall expire if the map has not been recorded within three years of
the date of approval, unless an extension is granted by the Planning 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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VICINITY MAP
Parcel Map No. NP2012 -008
PA2012 -134
721 Poppy Avenue
1-9
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Attachment No. ZA 3
Tentative Parcel Map
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TENTATIVE PARCEL MAP
2012 -138
FOR CONDOMINIUM PURPOSES
LOT 21 and 1/2 LOT 19 BLOCK 743
CORONA DEL MAR
OWNER- DEVELOPER
CDM Village Properties, LLC
708 1/2 Marigold Avenue
Corona del Mar CA 92625
Site Address
721 Poppy Avenue
Corona del Mar CA 62625
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2012 -138
FOR CONDOMINIUM PURPOSES
LOT 21 and 1/2 LOT 19 BLOCK 743
CORONA DEL MAR
OWNER- DEVELOPER
CDM Village Properties, LLC
708 1/2 Marigold Avenue
Corona del Mar CA 92625
Site Address
721 Poppy Avenue
Corona del Mar CA 62625
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23