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Home My WebLink About03 - 3238 Clay Street Tentative Parcel Map - PA2015-114 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 August 13, 2015 Agenda Item No. 3 SUBJECT: 3238 Clay Street Tentative Parcel Map - (PA2015-114) 3238 Clay Street • Tentative Parcel Map No. NP2015-011 • County Tentative Parcel Map No. 2015-115 APPLICANT: Jemma Investments OWNER: Jemma Investments PLANNER: Melinda Whelan, Assistant Planner (949) 644-3221, mwhelan@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: R-2 (Two-Family 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 single-family dwelling 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. NP2015-011 (Attachment No. ZA 1). 1 V� QP �P 3238 Clay Street Tentative Parcel Map Zoning Administrator, August 13, 2015 Page 2 DISCUSSION • An existing single-family dwelling 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. • Park fees are required to be paid prior to recordation of the parcel map. 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. Tmplt:04-17-14 3238 Clay Street Tentative Parcel Map Zoning Administrator, August 13, 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 GBR/msw Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Tentative Parcel Map 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. NP2015-011 FOR TWO-UNIT CONDOMINIUM PURPOSES AT 3238 CLAY STREET (PA2015-114) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by James Cefalia, with respect to property located at 3238 Clay Street, and legally described as Lot 7 Block 2 in Tract 00027 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 single-family dwelling 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 August 13, 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 (4) 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 (2) 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 9 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: Findinq: 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 single-family dwelling 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 sidewalks, curbs, and gutters along Clay Street, consistent with the Subdivision Code (Title 19). 4. The project has also been conditioned to reconstruct broken and damaged concrete alley panels. Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Findinq: 1. The lot is physically suitable for a two-unit development because it is regular in shape. 2. The subject property is accessible from Clay Street 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 03-03-2015 g Zoning Administrator Resolution No. ZA2015-0## Page 3 of 9 for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The site was previously developed with a single-family dwelling 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 4of9 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 9 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. NP2015-011, 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 9 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 13th DAY OF AUGUST, 2015. Brenda Wisneski, AICP, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2015-0## Page 7 of 9 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 drainage facilities in the public right-of-way, including any curb drains along the Clay Street frontage shall comply with the City's on-site non-storm runoff retention requirements. 7. 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. 8. The applicant shall install new concrete curb, gutter, along the Clay Street frontage and the location of the sidewalk, curb and gutter shall match adjacent property to the south alley panels within the alley frontage. 9. Reconstruct the existing broken and/or otherwise damaged concrete alley panels within the alley frontage parallel to Clay Street. 03-03-2015 T3 Zoning Administrator Resolution No. ZA2015-0## Page 8 of 9 10. Clay Street is part of the City's Moratorium List. Work performed on said roadways will require additional surfacing requirements. See City Standard 105-L-F. 11. Install new drought tolerant and/or California native plants throughout the Clay Street parkway fronting the development site. 12. All improvements shall comply with the City's sight distance requirement. See City Standard 110-L and Municipal Code 20.30.130. 13. All existing overhead utilities services to the property shall be undergrounded. 14. 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. 15. No above ground improvements shall be installed within the 5-foot alley setback. 16. All on-site drainage shall comply with the latest City water quality requirements. 17. 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 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. 18. 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. 19. Prior to recordation of the Parcel Map, a park fee shall be paid for one (1) unit. 20. Subsequent to the 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. 21. 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. 22. 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 03-03-2015 -14 Zoning Administrator Resolution No. ZA2015-0## Page 9 of 9 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 404 Heliotrope Tentative Parcel Map, including, but not limited to, NP2015-011 (PA2015-114). 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 Z.�J V� QP �P 2� Attachment No. ZA 2 Vicinity Map V� QP �P sg VICINITY MAP '�T a: � � ` •" �*, { • INS, R MAR iL # ' Tentative Parcel Map No. NP2015-011 PA2015-114 3238 Clay Street ?9 V� QP �P �o Attachment No. ZA 3 Tentative Parcel Map 21 V� QP �P PA2015-114 Attachment No. ZA 3 - Tentative Parcel Map TENTATIVE PARCEL MAP NO, 2015-115 BEING A SUBDIVISION OF LOT 7, BLOCK 2, TRACT NO. 27 FOR CONDOMINIUM PURPOSES 2 UNITS (3238 CLAY STREET, NEWPORT BEACH) PREPARED BY- OWNER-SUB DIVIDER, RONMIEDEMA L.S. 4653 JIM CEFALIA 230 23016 LAKE FOREST DRIVE #409 (SHORELINE DEVELOPERS) LAGUNA HILLS, CA 92653 1224 W. OCEANFRONT (949) 858-2924 OFFICE NEWPORT BEACH, CA 92661 SCALE 1'=10' (949) 858-3438 FAX DATE 2-18-15 5,250 SO. FT. - - - _T - - - - - - - - - - - - - - - ALLEY T N13757'00'W SOA' 94A0 GF. T 94.00 G.F. SURI- I I PROPOSED I PROPOSED I Q Fyo III GARAGE I GARAGE I ��EDEMA 'A I I Z Cr �� d o f L 94.25 GF. — i _9425 G.F. L61 �r0 PROPOSED I PROPOSEDZD I 3 STATE OF G y UNIT 1 I UNIT 2 I c 95.53 F.F. I 95.53 F.F. I -� r w I II I� II I 1 � I N13'57'00'W 50,0' - CLAY STREET pA2015-110.for NP2015-011 �3 3238 Clay Street Jemma Investments