HomeMy WebLinkAbout01 - 819 West Balboa Blvd Parcel Map_PA2012-170�EWPOe COMMUNITY DEVELOPMENT DEPARTMENT
o �
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
January 24, 2013
Agenda Item # 1
SUBJECT: 819 West Balboa Boulevard Parcel Map - (PA2012 -170)
• Tentative Parcel Map No. NP2012 -010
• County Tentative Parcel Map No. 2012 -163
APPLICANT: Mike Schmidt
PLANNER: Jason Van Patten, Planning Technician
(949) 644 -3234, jvanpatten @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: R -2 (Two -Unit Residential)
• General Plan: RT (Two -Unit Residential)
PROJECT SUMMARY
A Parcel Map for two -unit condominium purposes. No exceptions to Title 19 (Subdivision
Code) development standards are proposed with this application. An existing single - family
residence is to be demolished and replaced with a proposed two -unit condominium project
that will provide the code required two -car parking per unit. The Parcel Map would allow
each unit of the proposed project to be sold individually.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Parcel Map No.
NP2012 -010 (Attachment No. ZA 1).
DISCUSSION
• An existing single - family residence is to be demolished and replaced with a new
two -unit condominium.
1
2
819 West Balboa Boulevard Parcel Map
January 24, 2013
Page 2
• The property is designated for two -unit residential use by the General Plan and
Zoning Code. The proposed new condominium project 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 proposed new condominium project will conform with all current Municipal
Code requirements and 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 falls within Section 15315 (Minor Land Divisions) of the California
Environmental Quality Act and is considered a Class 15 categorical exemption 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.
PUBLIC NOTICE
Notice of this hearing 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 ten (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 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:
Jas Ivan Patten
Planning Technician
3
JGljvp
Attachments
819 West Balboa Boulevard Parcel Map
January 24, 2013
Page 3
ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map No. 2012 -163
4
Attachment No. ZA 1
Draft Resolution
5
0
RESOLUTION NO. ZA2013 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2012 -010 FOR A PARCEL MAP FOR TWO -UNIT
CONDOMINIUM PURPOSES (PA2012 -170)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mike Schmidt, with respect to property located at 819 West
Balboa Boulevard, and legally described as Lot 12 in Block 7 of East Newport, in the City
of Newport Beach, County of Orange, State of California, as per map thereof recorded in
Book 3, Pages 33 and 34 of Miscellaneous Maps, records of said Orange County
requesting approval of a Tentative Parcel Map.
2. The applicant proposes 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 by the
new development.
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. The Coastal Land Use Plan
category is Two -Unit Residential (RT -D).
5. A public hearing was held on January 24, 2013, 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 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
rW,
Zoning Administrator Resolution No. ZA2013 -0 ##
Paqe 2 of 9
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:
A -1. The proposed Parcel Map is for two -unit condominium purposes. An existing single -
family residence is to be demolished and replaced with a new two -unit condominium
project. 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."
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
B -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 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.
Zoning Administrator Resolution No. ZA2013 -0 ##
Paqe 3 of 9
Facts in Support of Finding:
C -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 the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding:
D -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 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:
E -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.
I
Zoning Administrator Resolution No. ZA2013 -0 ##
Paqe 4 of 9
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:
F -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: (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:
G -1. The property is not a "land project" as defined in Section 11000.5 of the California
Business and Professions Code.
G -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:
H -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:
I. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing need and that it balances the housing needs of the region against the
10
Zoning Administrator Resolution No. ZA2013 -0 ##
Paqe 5 of 9
public service needs of the City's residents and available fiscal and environmental
resources.
Facts in Support of Finding:
1 -1. The two -unit condominium project is consistent with the R -2 Zoning District which
allows two units on the property. 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:
J -1. Wastewater discharge into the existing sewer system has been designed 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:
K -1. The proposed Parcel Map is for two -unit condominium purposes. The proposed
subdivision and improvements are consistent with the Coastal Land Use Plan
designation RT -D (Two -Unit Residential).
K -2. The subject property does not interfere with public access or public recreational
opportunities and therefore conforms with public access and recreation policies of
chapter three of the Coastal Act
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Parcel Map No.
NP2012 -010, 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.
11
Zoning Administrator Resolution No. ZA2013 -0 ##
Paqe 6 of 9
PASSED, APPROVED AND ADOPTED THIS 24th DAY OF JANUARY, 2013.
0
Brenda Wisneski, AICP, Zoning Administrator
12
Zoning Administrator Resolution No. ZA2013 -0 ##
Paqe 7 of 9
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. The tentative map includes bearing and distance errors. These errors shall be
corrected prior to final map submittal.
3. 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.
4. As per California Fire Code Section 903.2.8, an automatic sprinkler system shall be
installed throughout all new buildings in a Group R occupancy.
5. Smoke alarms shall be installed in sleeping areas, in every room in the path of means
of egress from the sleeping area to the door leading form the sleeping unit, and in
each story within the sleeping units with split levels and without an intervening door
between the adjacent level.
6. Prior to the recordation of the parcel map, in -lieu housing fees for one additional
dwelling unit shall be paid consistent with the fee amount in effect at the time of
payment as established by the City of Newport Beach Municipal Code.
7. Prior to the recordation of the parcel map, park dedication fees for one additional
dwelling unit shall be paid consistent with the fee amount in effect at the time of
payment as established by the City of Newport Beach Municipal Code.
8. Prior to the issuance of building permits, fair -share fees for one additional dwelling unit
shall be paid consistent with the fee amount in effect at the time of payment as
established by the City of Newport Beach Municipal Code.
9. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
13
Zoning Administrator Resolution No. ZA2013 -0 ##
Paqe 8 of 9
10. Reconstruct the existing broken and /or otherwise damaged concrete curb, gutter,
sidewalk and alley panels along the Poinsettia Avenue frontage. Limits of
reconstruction are at the discretion of the Public Works inspector.
11. The alley behind the proposed project will be on the City's Street /Alley Cut Moratorium
List. Work performed on said alley will require additional surfacing requirements. See
City Standard 105 -L -F.
12. 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.
13. The rear 5 -foot alley setback shall be clear of any above ground improvements.
14. Each dwelling 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. Two -car parking, including one enclosed garage space, shall be provided on site for
each dwelling unit per requirements of the Zoning Code.
16. In compliance with the requirements of Chapter 9.04, Section 901.4.4, 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.
17. An encroachment permit is required for all work activities within the public right -of -way.
18. 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 are
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.
19. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L.
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 as the discretion of the Public Works Inspector.
14
Zoning Administrator Resolution No. ZA2013 -0 ##
Paqe 9 of 9
21. All on -site drainage shall comply with the latest City Water Quality requirements.
22. 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.
23. 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 819 West
Balboa Boulevard Parcel Map including, but not limited to, Parcel Map No. NP2012-
010 (PA2012 -170). 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.
24. 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 Planning Director in
accordance with the provisions of Section 19.16 of the Newport Beach Municipal
Code.
15
10
Attachment No. ZA 2
Vicinity Map
17
12
°"W'
Tentative Parcel Map No.
PA2012 -170
OrL - .. na
N P2012 -010
E:1'iPDXYMM01i I• .. :3.11.1[� t
1-9
20
Attachment No. ZA 3
Tentative Parcel Map No. 2012 -163
21
22
IN, q' I.
°a- ° 'meb", (90'ZSZ -L40 �NdV)
?�% „°, L99ZG VO'HOV391i10dM3N
Om ONVAD -inoo V081V9 M 66B
�iffila Maims' Gi VPU �Cffi�� � Q
dVW -SDHVd 3ALLV1N31
3 .gay 9 eY§ z• 8p
u
t7 a �$� ag �� � o^
act i a sa N aun, 9 a,i �.
a
$c S5p
ima
3e3 m m .«°• €.�.$k C €$k ... ..9 iF ”, ..«
O
O
O
N O
N N
a0
Z o
� m
O
oaf
m E
N m U
CL m
------
- - -- , _ -:
I
1
�a i 'J •
D1
k81
1•
LIU
3 0
11
�
IL
„n
1
2�5 P 2 k I O P C'aali
'moo
P
♦t.
n
00 y Imo,
r 3E i
5:..
i.
0i, •�Q. I I
kaiv
� o'
nn
N� GG/
� OW i
� E
�gii
1'33 :.2:Xii$
y4 BSYkkgk'o b =& °ueY4y €6
III IIIIIIIIIII
II IIII III IIIIIIIII
b
66
5
£=
3 M's
:.
- I I I I I I
I I I I I I I I I I I I I I I I I 1 1 1 1 1 11 14E
° Sa 4 k P B €
5 i
5S
yy
I I
mwy
a4
1I
g�5 U.,
O
O
N O
N N
a0
Z o
� m
O
oaf
m E
N m U
CL m