HomeMy WebLinkAbout03 - 512 Jasmine Avenue Tentative Parcel Map - PA2015-082 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT
y PLANNING DIVISION
u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
�q�fFOR�,P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 11 , 2015
Agenda Item No. 3 :
SUBJECT: 512 Jasmine Avenue Tentative Parcel Map - (PA2015-082)
512 and 512 'h Jasmine Avenue
• Tentative Parcel Map No. NP2015-008
APPLICANT: 512 Jasmine CDM, LLC
OWNER: 512 Jasmine CDM, LLC
PLANNER: Melinda Whelan, Assistant Planner
(949) 644-3221, mwhelan@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 waiver of
Title 19 (Subdivisions) development standards are proposed with this application. An
existing duplex was demolished and a new duplex is under construction. The Tentative
Parcel Map would allow each unit to be sold individually.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2015-008 (Attachment No. ZA 1).
1
V�
QP
�P
512 Jasmine Avenue Tentative Parcel Map
Zoning Administrator, June 11, 2015
Page 2
DISCUSSION
• An existing duplex has been demolished and a two-unit dwelling is currently
under construction, which provides the code required two-car parking per unit.
• Approval of the Tentative Parcel Map will allow each unit to be sold individually.
• The property is designated for two-unit residential use by the General Plan and
Zoning Code. The new two-unit dwelling is consistent with this designation and a
tentative parcel map for condominiums does not change the use.
• The new condominium project will conform to current Newport Beach Municipal
Code requirements and meet all Title 19 standards.
• Public improvements will be required of the applicant per the Municipal Code and
Subdivision Map Act.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions).
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 Tentative 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 before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
TmpIt:04-17-14
512 Jasmine Avenue Tentative Parcel Map
Zoning Administrator, June 11, 2015
Page 3
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:
Melinda Whelan
Assistant Planner
GR/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Tentative Parcel Map No. NP2015-008
County Tentative Parcel Map No. 2015-123
TmpIt:04-17-14
J
Attachment No. ZA 1
Draft Resolution
5
V�
QP
�P
RESOLUTION NO. ZA2015-0##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2015-008 FOR TWO-UNIT CONDOMINIUM
PURPOSES LOCATED AT 512 AND 512 1/2 JASMINE AVENUE
(PA2015-082)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by 512 Jasmine CDM, LLC, with respect to property located at
512 and 512 '/2 Jasmine, and legally described as Lot 14, Block 537 in A-Tract 186
requesting approval of a tentative parcel map.
2. The applicant proposes a Tentative Parcel Map application for two-unit condominium
purposes. No waiver of Title 19 (Subdivisions) development standards are proposed with
this application. An existing duplex was demolished and a new duplex is under
construction. The Tentative Parcel Map would allow each unit to be sold individually.
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 June 11, 2015 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 the State
CEQA (California Environmental Quality Act) Guidelines under Class 15 (Minor Land
Divisions).
2. The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four 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 Tentative Parcel
Map is for condominium purposes and is consistent with all of the requirements of the
Class 15 exemption.
Zoning Administrator Resolution No. ZA2015-0##
Page 2 of 8
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code and is approved based on the following findings per Section 19.12.070 (Required
Findings for Action on Tentative Maps) of Title 19:
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 Tentative Parcel Map is for two-unit residential condominium purposes. An
existing duplex has been demolished and a two-unit dwelling is currently under
construction. The proposed subdivision and improvements are consistent with the
density of the R-2 Zoning District and the current General Plan Land Use Designation
"Two-Unit Residential."
2. The subject property is not located within a specific plan area.
3. The project has been conditioned to require public improvements, including the
reconstruction of existing broken or otherwise damaged sidewalks, curbs, and gutters
along Jasmine Avenue, consistent with the Subdivision Code (Title 19).
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The lot is physically suitable for a two-unit development because it is regular in shape.
2. The subject property is accessible from Jasmine Avenue and the alley at the rear, and
is adequately served by existing utilities.
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
03-03-2015
g
Zoning Administrator Resolution No. ZA2015-0##
Page 3 of 8
infeasible the mitigation measures or project alternatives identified in the environmental
impact report.
Facts in Support of Finding:
1. The site was previously developed with a duplex and will be replaced with a new two-
unit dwelling.
2. The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat.
3. The project is categorically exempt under Section 15315 (Article 19 of Chapter 3), of
the California Environmental Quality Act (CEQA) Guidelines — Class 15 (Minor Land
Alterations).
Finding:
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 Tentative Parcel Map is for residential condominium purposes. All improvements
associated with the project will comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public improvements will
be required of the developer per Section 19.28.010 (General Improvement
Requirements) of the Municipal Code and Section 66411 (Local Agencies to Regulate
and Control Design of Subdivisions) of the Subdivision Map Act. All ordinances of the
City and all Conditions of Approval will be complied with.
Finding:
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.
03-03-2015
9
Zoning Administrator Resolution No. ZA2015-0##
Page 4 of 8
Facts in Support of Finding:
1. The design of the development 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 sustain their agricultural use or the subdivision will result in
residential development incidental to the commercial agricultural use of the land.
Facts in Support of Finding:
1. The property is not subject to the Williamson Act because the subject property is not
designated as an agricultural preserve and is less than 100 acres in area.
2. The site, developed for residential use, lies in a Zoning District that permits residential
uses.
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:
1. The property is not a "land project' as defined in Section 11000.5 of the California
Business and Professions Code because the existing subdivision does not contain fifty
(50) or more parcels.
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 Tentative Parcel Map and any future improvements are subject to Title 24 of the
California Building Code that requires new construction to meet minimum heating and
cooling efficiency standards depending on location and climate. The Newport Beach
03-03-2015
2�
Zoning Administrator Resolution No. ZA2015-0##
Page 5 of 8
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 proposed two-unit dwelling is consistent with the R-2 Zoning District which allows
two residential units on the property. Therefore, the Tentative Parcel Map for
condominium purposes will not affect the City in meeting its regional housing need.
Finding:
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. The new two-unit dwelling will be designed so that wastewater discharge into the
existing sewer system complies with the Regional Water Quality Control Board
(RWQCB) requirements.
Finding:
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 within the Coastal Zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2015-008, subject to the conditions set forth in "Exhibit A," which is attached
hereto and incorporated by reference.
03-03-2015
22
Zoning Administrator Resolution No. ZA2015-0##
Page 6 of 8
2. This action shall become final and effective ten (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 11th DAY OF JUNE, 2015.
Brenda Wisneski, AICP, Zoning Administrator
03-03-2015
Zoning Administrator Resolution No. ZA2015-0##
Page 7 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. An encroachment permit is required for all work activities within the public right-of-way.
5. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
6. 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.
7. The applicant shall reconstruct the existing broken and/or otherwise damaged
concrete sidewalk panels, curb and gutter along Jasmine Avenue.
8. All existing drainage facilities in the public right-of-way, including the existing curb
drains along the Jasmine Avenue frontage shall be retrofitted to comply with the City's
on-site non-storm runoff retention requirements.
9. 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.
10. Install new drought tolerant and California native plants throughout the Jasmine Avenue
parkway fronting the development site.
03-03-2015
T3
Zoning Administrator Resolution No. ZA2015-0##
Page 8 of 8
11. No above ground improvements shall be installed within the 5-foot alley setback.
12. All on-site drainage shall comply with the latest City water quality requirements.
13. 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. The water meter and sewer cleanout shall be located within the public-right-of
way.
14. All unused water services to be abandoned shall be capped at the main (corporation
stop) and all unused sewer laterals to be abandoned shall be capped at the property line.
If the sewer lateral to be abandoned has an existing cleanout, abandonment shall include
removal of the cleanout riser, the 4TT box and the wye. Sewer lateral shall then be
capped where the wye used to be.
15. Subsequent to the 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.
16. This approval shall expire and become void unless exercised within twenty-four (24)
months from the actual date of review authority approval, except where an extension of
time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of
the Newport Beach Municipal Code.
17. 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 512 Jasmine Avenue Tentative Parcel Map,
including, but not limited to, NP2015-008 (PA2015-082). 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.
03-03-2015
-1
Attachment No. ZA 2
Vicinity Map
15
V�
QP
�P
2�
VICINITY MAP
jr
vmpll
°aA
Tentative Parcel Map No. NP2015-008
PA2015-082
512 and 512 % Jasmine Avenue
2�
V�
QP
�P
sg
Attachment No. ZA 3
Tentative Parcel Map
19
V�
QP
�P
�o
PA2015-082 Attachment No. ZA 3 - Tentative Parcel Map
TENTATIVE PARCEL MAP NO. 2015-123 SHEET 1OF1
APRIL 2015
_
JASMINE _
AVENUE 12" ACP SITE ADDRESS
ofWATER MAIN 512 JASMINE AVENUE
99.70 TCNr — 100.84 TC CORONA DEL MAR, CA 92625
(99.08)FL (100.23)FL (APN: 459-193-06)
(99.80) I ' EXISTING SIDEWALK (101.08)FS
tN40
101_O�NG_30.00'°3927"E ;,
0
a' of SCALE = 1" = 20'
P � n
(100.79) (102.1o)TW LOT 14, BLOCK 537
FS (101.71)NG CORONA DEL MAR TRACT
2'8 M.M. 3/41-42
OWNER/DEVELOPER:
512 JASMINE CDM, LLC, A CALIFORNIA
EXISTING LIMITED LIABILITY COMPANY
HOUSE 161 FASHION LANE, SUITE 206
FF=101.69 TUSTIN, CA 92780
5.8'
LA
(102.45)TW �MIN// SG
96.15 FS
(95.65) 96.03 p e
FS FS a a No.8516 T
Exp. 12/31/16
cP]gT Q��P
F OF CAL F�
CV
(100.42) (97.76)
FS NG 2.8' PREPARED BY:
EXISTING
rn GARAGE
FFG=100.70 N PAUL D. CRAFT, P.L.S. 8516
° LICENSE EXPIRES 12/31/16
2.8' Z Z
100.37 (100.88 $ ��� S�� �
�TBIVI
06 FS NG (100.86)
FS 30.00' C( ) N40°3939"EHUNTINGTON BEACH, CALIFORNIA 92646
�I _ ALLEY _
PHONE:(714)488-5006 FAX:(714)333-4440
APEXLSINC a GMAIL.COM 22
14122