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HomeMy WebLinkAbout01 - Katayama Tentative Parcel Map - PA2013-239COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915 (949) 644 -3200 Fax: (949) 644 -3229 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT January 30, 2014 Agenda Item No. 1: SUBJECT: Katayama Tentative Parcel Map - (PA2013 -239) 306 and 308 Old Newport Boulevard • Tentative Parcel Map No. NP2013 -031 • County Tentative Parcel Map No. 2013 -173 PLANNER: Benjamin M. Zdeba, Assistant Planner (949) 644 -3253, bzdeba @newportbeachca.gov ZONING DISTRICT /GENERAL PLAN • Zone: OG (Office General) • General Plan: CO -G (General Commercial Office) PROJECT SUMMARY A tentative parcel map to re- subdivide a property consisting of one full 60- foot -wide legal lot and 45.10 feet of an adjacent lot (105.10 feet total) into two parcels with adjusted widths. The new parcels will be 53.10 feet and 52.00 feet in width with no changes to the existing parcel depths (98.40 feet and 100.02 feet, respectively). RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. ZA2014- approving Tentative Parcel Map No. NP2013 -031 (Attachment No. ZA 1). 1 2 Katayama Tentative Parcel Map Zoning Administrator January 30, 2014 Page 2 DISCUSSION • The property is located at the southern end of Old Newport Boulevard and has legal access from both Old Newport Boulevard and Holmwood Drive. • The property is approximately 10,500 square feet in area and is developed with two small commercial buildings separated by a 50- foot -wide parking area containing 18 parking spaces. • Pursuant to Zoning Code Section 20.20.030 (Commercial Zoning Districts General Development Standards), newly created lots within the Office General (OG) Zoning District are required to be a minimum of 50 feet in width with an overall site area of 5,000 square feet. The proposed parcels are over 5,000 square feet in area with widths of 53.10 feet and 52.00 feet. • The proposed project would re- subdivide the property into two separate parcels meeting the minimum parcel requirements for the Office General (OG) Zoning District and each containing one of the commercial buildings as well as a dedicated parking area. • Alterations to the existing commercial buildings are not proposed and are included as part of this project. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15315, of the State CEQA (California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). The Class 15 exemption includes the division of property in urbanized areas zoned for commercial 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 two years, and the parcel does not have an average slope greater than 20 percent. The proposed project is a re- subdivision of a property consisting of one full legal lot and a large portion of an adjacent legal lot into two separate parcels meeting all of the above standards. 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 TmpIt:10 -15 -13 S Katayama Tentative Parcel Map Zoning Administrator January 30, 2014 Page 3 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 10 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644 -3200. Prepared by: Be ja i M. eba As ' tant Planner GR/bmz Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Tentative Parcel Map No. NP2013 -031 County Tentative Parcel Map No. 2013 -173 TmpIt:10 -15 -13 Attachment No. ZA 1 Draft Resolution 5 0 RESOLUTION NO. ZA2014- A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2013 -031 FOR A TENTATIVE PARCEL MAP TO RE- SUBDIVIDE A COMMERCIAL PROPERTY INTO TWO SEPARATE PARCELS LOCATED AT 306 AND 308 OLD NEWPORT BOULEVARD (PA2013 -239) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Christian Land Services on behalf of the property owner, with respect to property located at 306 and 308 Old Newport Boulevard, and legally described as Lot 3 and the Northeasterly 45.10 feet of Lot 2 within Tract Number 1136, requesting approval of a tentative parcel map. 2. The applicant proposes to re- subdivide a property consilkog of one full 60- foot -wide legal lot and 45.10 feet of an adjacent lot into two parcels with adjusted widths. The new parcels will be 53.10 feet and 52.00 feet in width with no changes to the existing depths (98.40 feet and 100.02 feet, respectively). 3. The subject property is located within the Office General (OG) Zoning District and the General Plan Land Use Element category is CO -G (General Commercial Office). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on January 30, 2014 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 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. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 15 (Minor Land Divisions). 2. The Class 15 exemption includes the division of property in urbanized areas zoned for commercial 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 two years, and the parcel does not have an average slope greater than 20 percent. The proposed project is a re- 7 Zoning Administrator Resolution No. ZA2014- Paqe 2 of 8 subdivision of a property consisting of one full legal lot and a large portion of an adjacent legal lot into two separate parcels meeting all of the above standards. 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 (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: 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 property has a General Plan designation of Gene Commercial Office (CO -G) which allows a maximum floor area ratio (FAR) of 0.5. Th -proposed Tentative Parcel Map will create parcels containing development consistent with this requirement as the existing buildings are single -story and have a floor area less than 50 percent of the proposed parcel areas. A -2. The property is not located within a specific plan area. A -3. The proposed Tentative Parcel Map will create two legal parcels. The southern parcel (Parcel 1) will be 53.10 feet in width and approximately 98.40 feet in depth and the northern parcel (Parcel 2) will be 52 feet in width and 100.02 feet in depth. Both parcels will meet the minimum standards of 50 feet in width and 5,000 square feet of area prescribed by the Zoning Code for a newly created lot within the Office General (OG) Zoning District. A -4. No development or improvements are proposed in conjunction with the Tentative Parcel Map. Any improvements will require compliance with all applicable codes and standards. Finding: 8. That the site is physically suitable for the type and density of development. Facts in Support of Finding: B1. The project site is currently developed with two smaller, single -story commercial buildings. No development or improvements are proposed in conjunction with the Tentative Parcel Map. Any improvements will require compliance with all applicable codes and standards. 10 -15 -2013 g Zoning Administrator Resolution No. ZA2014- Paqe 3 of 8 B2. The proposed parcels will comply with the minimum requirements for a newly created lot as prescribed by the Office General (OG) Zoning District. 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. Facts in Support of Finding: C1. No development is proposed on site in conjunction with the Tentative Parcel Map. C2. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. C3. The proposed project is categorically exempt under Section 15315 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines — Class 15 (Minor Land Divisions). 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: D1. No development or improvements are proposed in conjunction with the Tentative Parcel Map. All future development or construction will require future applications and approvals and will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. 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 10 -15 -2013 9 Zoning Administrator Resolution No. ZA2014- Page4of8 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: E1. The design of the re- subdivision will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development, because there are no public easements located on the property. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to su$tain their agricultural use or the subdivision will result in residential developme_ f incidental to the commercial agricultural use of the land. Facts in Support of Finding: F1. 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. 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: G1. The property is not a "land project' as defined in Section 11000.5 of the California Business and Professions Code because the proposed subdivision does not contain 50 or more parcels. G2. The proposed 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. 10 -15 -2013 10 Zoning Administrator Resolution No. ZA2014- Paqe 5 of 8 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: 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: 11. The Tentative Parcel Map proposes the subdiv' f one property into two parcels. No development or improvements are propo . An rovements will require future application submittals and approvals. Ther re, the prrmposed Tentative Parcel Map will not affect the City in meeting its regional hou g 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: J1. No development or improvements are proposed. Existing wastewater discharge into the existing sewer system is 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: K1. The project is not located within the Coastal Zone, and therefore, is not applicable in regards to conformance with the certified Local Coastal Program and public access and recreation policies of Chapter Three of the Coastal Act. 10 -15 -2013 11 Zoning Administrator Resolution No. ZA2014- Page 6 of 8 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2013 -031, 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 10 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. PASSED, APPROVED AND ADOPTED THIS 30TH DAY OF JANUARY, 2014. Brenda Wisneski, AICP, Zoning Administrator 10 -15 -2013 12 Zoning Administrator Resolution No. ZA2014- Paqe 7 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Tentative Parcel Map. 3. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 19 (Subdivisions) of the Newport Beach Municipal Code. 4. The 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. 5. 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. 6. All improvements shall be constructed as required by Ordinance and the Public Works Department. 7. The applicant shall reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels, curb and gutter, and driveways along the Old Newport Boulevard and Holmwood Drive frontages. 8. A new minimum 4- foot -wide concrete sidewalk shall be constructed along the entire Holmwood Drive frontage to connect the adjacent properties. 9. The applicant shall install new sod or low- growing groundcover of the type approved by the City throughout the Holmwood Drive parkway fronting the development site. 10 -15 -2013 i3 Zoning Administrator Resolution No. ZA2014- Page 8 of 8 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. The applicant shall install new sod or low groundcovers of the type approved by the City throughout the Marigold Avenue parkway fronting the development site. 12. Each property 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. The water meter and sewer cleanout shall be located within the public - right-of way. 13. An encroachment permit is required for all work activities within the public right -of -way. 14. All improvements shall comply with the City's sight distance requirement pursuant to City Standard 110 -L and Municipal Code Section 20.30.130. 15. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way may be required at the discretion of the Public Works Inspector. 16. All on -site drainage shall comply with the latest City Water Quality requirements. 17. The applicant shall install appropriate signage and striping to facilitate the one -way vehicular movement throughout the site. 18. 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 Katayama Tentative Parcel Map including, but not limited to, the Tentative Parcel Map No. NP2013 -031 (PA2013 -239). 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. 10 -15 -2013 7 Attachment No. ZA 2 Vicinity Map 15 VICINITY MAP Tentative Parcel Map No. NP2013 -031 PA2013 -239 306 and 308 Old Newport Boulevard 10 Attachment No. ZA 3 Tentative Parcel Map No. NP2013 -031 County Tentative Parcel Map No. 2013 -173 17 Z z m Nj z I S.7 � G� j� O cn N pW �m :-:::j m ?n o m nj rZ mm � mm N M2 D w r1i cf)m n Q ~ —4O r7i �O `5 ° m a Dm �70 Dm Zo N m J �- z (n p (n O< 70 (n o y n n m OK M A DD Z O y DD Z O m = m Z Z m o -T1 r 0 0 r 0 F 0 z m N O c Z m T m nl W n 0 O r �m Q pr �m �N V �N O Dm N Dm Z O ;o G) z D �O �0 2 O m 0 Cn m i o Mz cn Mz s M 00 z 00 m mr Z (n n =o o C LO �o C (0 L m0 o m 0 Z D m C) z D n rz z N N r O � 0 a W N W N cmn O r O O m M W =0 m m M M M �g M m 0 0 MU N x N � 0 0 � � v o � � to N -0 U) D _ 70 70 OD r- m cn NcnC 0 p n = M K N mM D � z N 0 0 D M 0 I N O R PROP',S O o Y O7r N W 0 a 0\y M M T m u � z n o z M m r7* D D U) m M X M m D M 0 m M O Z71 C Z 0 M .ZJ 0 Z1 M O (n C M (n O Z yc * M Z 0 CIMMA li 7 L� o \ O 11�x 11 r O r8 80e.) 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Item No. 1. atayama Tentative Parcel Map (PA2013 -239) I find this item quite confusing, perhaps in part because the City's GIS mao is providing access only to the March 1946 Tract Map No. 1136, which shows two 60 -foot wide lots (Lots 2 & 3) at this location, and further indicates that the two subject addresses (306 and 308 Old Newport Boulevard), which encompass a smaller area than the whole of Lots 2 & 3, are regarded as a single assessor's parcel (APN 425 381 02) -- as if the lots had been adjusted and merged at some time after the Tract Map was recorded. Based on Attachment No. ZA 3, the surveyor and planner seem to have had access to a later map ( "P.M.B. 163/44 -45 ") which apparently shows new "parcels" were created that do not match the underlying lots of Tract 1136. In particular "Parcel 1" of P.M.B. 163/44 -45 appears to encompass all of Lot 1 and 15 feet of Lot 2. But unless P.M.B. 163/44 -45 somehow merged the remaining 45 feet of Lot 2 with Lot 3, this would seem to me to be an 8 foot lot line adjustment, rather than a re- subdivision. Attachment No. ZA 3 is also confusingly labeled to make it look like the numbered "lot" designations now refer only to the existing building pads, which seems inconsistent with the way the term "lot" is used in the Resolution. I also had trouble deciphering the significance of the dimensions listed on the Holmwood Drive frontage of the proposed Parcel 1 / existing Lot 2 ( "31.09; 23.09, (23.227"), although I now think I understand what they refer only to the uncurved portion. Since NBMC Subsection 19.04.090.B. says "The terms lot and parcel are interchangeable for purposes of this Code," I am primarily confused as to whether the intent of this resolution is to modify the boundaries of the existing lots, or to create new "parcels" overlying, and co- existing with, but somehow distinct from them. I have these specific comments on the draft resolution 1. 1 believe Facts in Support of Finding A -3 misstates the depth of Parcel 1, at least as "lot depth" is defined in NMBC Subsection 20.70.020.E . 2. Facts in Support of Finding A-4, B1, C1, D1, 11 and J1 all say that "No development or improvements are proposed," yet Exhibit "A" (Conditions of Approval) imposes on the applicant the requirement to make numerous improvements, including construction of sidewalks, landscaping and possibly the construction of separate water and sewer connections for the two parcels /lots. 3. The requirement for improvements to "Marigold Avenue" in the Condition of Approval 11 seems difficult to reconcile with the parcel map location.