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HomeMy WebLinkAbout05 - Villas Fashion Island Tentative Parcel Map - PA2015-220 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION V eK 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 �g11Foap�► 949-644-3200 Fax: 949-644-3229 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT April 14, 2016 Agenda Item No. 5 SUBJECT: Villas Fashion Island Tentative Parcel Map (PA2015-220) 1101 San Joaquin Hills Road • Tentative Parcel Map No. NP2016-003 • County Tentative Parcel Map No. 2016-105 APPLICANT: Irvine Company OWNER: Irvine Company PLANNER: Benjamin M. Zdeba, AICP, Associate Planner (949) 644-3253, bzdeba@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: PC-56 (North Newport Center Planned Community) • General Plan: MU-H3 (Mixed-Use Horizontal) PROJECT SUMMARY A tentative parcel map to subdivide one existing 18.29-acre parcel into two numbered parcels and two lettered parcels in conjunction with the Villas Fashion Island project (formerly the San Joaquin Plaza Apartments). RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map No. NP2016-003 (Attachment No. ZA 1). DISCUSSION • The Tentative Parcel Map is proposed to create four parcels out of one existing 18.29-acre parcel for financing purposes. Villas Fashion Island Tentative Parcel Map Zoning Administrator, April 14, 2016 Page 2 • The property is located generally southeasterly of the intersection of Jamboree Road and San Joaquin Hills Road. The site is subject to the North Newport Center Planned Community (PC-56), Sub-Area San Joaquin Plaza, and designated Mixed-Use Horizontal (MU-H3) by the General Plan. This land use category is intended to provide for a horizontal intermixing of uses that may include office, light general commercial, hotel, residential and other mixed uses. The Villas Fashion Island residential project consisting of 524 apartment units, which is presently under construction, and the adjacent office parking facilities are consistent with the General Plan land use category and the Planned Community regulations and the tentative parcel map does not change the use of the parcels or development thereof. • The existing parcel will be divided into four parcels as follows: Parcel 1 — 14.48 acres for the apartments; Parcel 2 — 2.23 acres for the office parking structure; Parcel A — 0.14 acre for the landscape lot at the corner of Santa Cruz Drive and San Joaquin Hills Road; and Parcel B — 1.44 acres for the private drive, a dog park and open space areas. • All required parking for the Villas Fashion Island will be provided on-site within subterranean parking areas and will not be separated from the use they serve as a result of this subdivision. • The Tentative Parcel Map will not conflict with an existing pedestrian easement along Santa Cruz Drive. A condition is recommended requiring an additional pedestrian easement along the San Joaquin Hills Road frontage be included as part of the Parcel Map. • Shared vehicular and pedestrian ingress, egress, and access to the new apartment complex will be provided via a newly constructed private roadway accessed from Santa Cruz Drive. This roadway is consistent with a public utility easement, recorded as Instrument No. 2015000363257. • Conditions are in place on the Tentative Parcel Map that require the Parcel Map to include a pedestrian easement along a portion of San Joaquin Hills Road. • Public improvements as required by the Public Works Department have been generally reviewed as part of the overall development of the property; however, a condition of approval is included to ensure any additional improvements resulting from the subdivision are addressed in compliance with Title 19 (Subdivisions). • The newly constructed buildings within the proposed parcels were reviewed under Plan Check No. 2935-2013 and will meet all Building Code and Zoning Code requirements. Furthermore, the proposed parcel configuration would not TmpIt:10-02-15 Villas Fashion Island Tentative Parcel Map Zoning Administrator, April 14, 2016 Page 3 create any nonconformities and all structures will meet or exceed minimum setbacks for existing development. 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 and no variances or exceptions are required. It also requires that 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 does not change uses and is for financing purposes and the numbered parcels meet the minimum parcel sizes. The two lettered parcels are landscape and open space consistent with the approved development of the property. Approved development within the boundaries of the proposed map was reviewed for consistency with the General Plan, the North Newport Center PC. The development meets these policies and regulations and has been permitted. Access and utilities were also reviewed by Building, Fire and the Public Works Departments and all necessary improvements have been authorized. The Tentative Parcel Map 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. 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: a i . Zdeba, AICP Associat tanner TmpIt:10-02-15 Villas Fashion Island Tentative Parcel Map Zoning Administrator, April 14, 2016 Page 4 JWC/bmz Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Tentative Parcel Map No. NP2016-003 County Tentative Parcel Map No. 2016-105 TmpIt:10-02-15 Attachment No. ZA 1 Draft Resolution RESOLUTION NO. ZA2016-XXX A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2016-003 FOR THE VILLAS FASHION ISLAND PROJECT LOCATED AT 1101 SAN JOAQUIN HILLS ROAD (PA2015-220) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Irvine Company, with respect to property located at 1101 San Joaquin Hills Road, and legally described as Parcel 3, as shown on a Parcel Map filed in Book 81, Pages 8 and 9 of Parcel Maps, in the Office of the Orange County Recorder. Except therefrom that portion of said land lying within Parcels 1 through 4 as shown on a Map, filed in Book 175, Pages 22 to 24 of Parcel Maps, Records of said County, requesting approval of a tentative parcel map. 2. The applicant proposes to subdivide one existing 18.29-acre parcel into two numbered parcels and two lettered parcels in conjunction with the Villas Fashion Island project (formerly the San Joaquin Plaza Apartments). 3. The subject property is located within the North Newport Center Planned Community (PC-56) Zoning District and the General Plan Land Use Element category is Mixed-Use Horizontal (MU-H3). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on April 14, 2016, 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). 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 and no variances or exceptions are required. It also requires that 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. Zoning Administrator Resolution No. ZA2016-XXX Page 2 of 7 2. The tentative parcel map does not change uses and is for financing purposes and the numbered parcels meet the minimum parcel sizes. The two lettered parcels are landscape and open space consistent with the approved development of the property. Approved development within the boundaries of the proposed map was reviewed for consistency with the General Plan, the North Newport Center PC. The development meets these policies and regulations and has been permitted. Access and utilities were also reviewed by Building, Fire and the Public Works Departments and all necessary improvements have been authorized. The Tentative Parcel Map is consistent with all of the requirements of the Class 15 exemption. The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of Title 19: Finding: A. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: 1. The Tentative Parcel Map is for financing purposes. The proposed subdivision of the residential project under construction and the existing office parking structure is consistent with provisions of the Subdivision Map Act and the MU-H3 (Mixed-Use Horizontal) General Plan land use designation which provides for a horizontal intermixing of uses that may include residential and commercial office uses. 2. Public improvements as required by the Public Works Department have been generally reviewed as part of the overall development of the property; however, a condition of approval is included to ensure any additional improvements resulting from the subdivision are addressed in compliance with Title 19 (Subdivisions). 3. The project is not located within a specific plan area. Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. Development of proposed Parcel 1 has been reviewed and approved as a 524-unit residential project. A parking structure also exists on-site to serve adjacent office buildings and will be situated on proposed Parcel 2. The newly constructed buildings were reviewed under Plan Check No. 2935-2013 and will meet all Building Code and Zoning Code requirements. As designed, the site and proposed parcels are physically 03-08-2016 Zoning Administrator Resolution No. ZA2016-XXX Page 3 of 7 suitable for the development. The proposed configuration will not create any nonconformities and all structures will meet or exceed the minimum setbacks for the existing development. 2. The subject property is directly accessible from San Joaquin Hills Road. It is also accessible by way of a private drive accessed from Santa Cruz Drive. 3. The site and development are 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 infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The historic use of the property has been commercial office buildings and parking. Proposed Parcel 1 is being redeveloped as a multi-family residential project. The proposed subdivision does not affect existing development of the site that has been determined to be consistent with applicable land use and construction regulations. 2. The property is located in an urbanized area that does not contain any sensitive vegetation or wildlife 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 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: 1. The Tentative Parcel Map is for financing purposes. All improvements relative to the development have been reviewed and building permits have been issued. 2. Any subsequent work will be reviewed to ensure compliance will be met with regard to all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Any public improvements required of the developer per Section 03-08-2016 Zoning Administrator Resolution No. ZA2016-XXX Page 4 of 7 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 shall comply with all ordinances of the City and all Conditions of Approval. 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 orZKstrian a subdivision. Facts in Support of Finding: 1. The Tentative Parcel Map will not conflict easement along Santa Cruz Drive. A condition requires an additional pedestrian easement along the San Joaquin Hills Road frontage be included as part of the Parcel Map. 2. Shared vehicular and pedestrian ingress, egress, and access to the new apartment complex will be provided via a newly constructed private roadway accessed from Santa Cruz Drive. This roadway is consistent with a public utility easement, recorded as Instrument No. 2015000363257. 3. Three other public easements exist on-site as depicted on the Tentative Parcel Map and will remain unaffected. 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. 03-08-2016 Zoning Administrator Resolution No. ZA2016-XXX Page 5 of 7 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 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. IN Facts in Support of Finding: 1. Existing 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 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 public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: 1. The existing office parking structure and new multi-family residential development under construction are consistent with the North Newport Center Planned Community (PC-56), Sub-Area San Joaquin Plaza. The site has a mixed-use General Plan designation which allows for residential uses. The Tentative Parcel Map will not affect the City in meeting its regional housing need. 03-08-2016 Zoning Administrator Resolution No. ZA2016-XXX Page 6 of 7 Finding: J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: 1. Wastewater discharge into the existing sewer system will comply with the Regional Water Quality Control Board (RWQCB) requirements and the Tentative Parcel Map does not change this compliance. Finding: K. For subdivisions lying partly or wholly within the Costal Zone, that the subdivision conforms with the certified Local Coastal Program- d, where applicable, with public access and recreation policies of Chapter Three,dt-f Coastal Act. Facts in Support of Finding: 1. The project is not located within the Coast SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2016-003, 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 or call for review 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 14TH DAY OF APRIL, 2016. Patrick J. Alford, Zoning Administrator 03-08-2016 Zoning Administrator Resolution No. ZA2016-XXX Page 7 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 1. 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 Villas Fashion Island Tentative Parcel Map including, but not limited to, Tentative Parcel Map No. NP2016-003 (PA2015-220). 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 con Public Works Department 2. The Parcel Map shall be recorded. The Parcel 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 Parcel Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 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 Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Sub article 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. Prior to recordation of the Parcel Map, the map shall be revised such that the proposed pedestrian easement along a portion of the San Joaquin Hills Road frontage is included to the satisfaction of the Public Works Department. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 03-08-2016 Attachment No. ZA 2 Vicinity Map i Can� ary* O • � ills p Htv •ir, - ° n �D aa SAN✓o � ,% �p�� �w �,S��p_�`�� pP���O 'PGE�pN�®e�F���� ���A►� �� SP1✓'.. . )P t:,:�. � 6p� JPO O � SAN°lEH1EN�° R • m p.. � ,�G�NtER'pY m 0% 44 ��x r Yy� yy a j Y �' >• � „ `' i P ti cE ti 4 Newport Beach Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided,however,The City of GIS Newport Beach and its employees and agents disclaim any and all responsibility from or relating to ��E"''POgT any results obtained in its use. ° m 0 417 833 �_ ' Imagery: 2009-2013 photos provided by Eagle � a, Imaging www.eagieaerial.com ��IFOPNt Feet 4/4/2016 Attachment No. ZA 3 Tentative Parcel Map No. NP2016-003 County Tentative Parcel Map No. 2016-105 TENTATIVE PARCEL MAP NO . 2016 � 105 SPS SITE �P O� BIG CANYON P�0 COUNTRY IN THE CITY OF NEWPORT BEACH , COUNTY OF ORANGE , STATE OF CALIFORNIA ° clue Q � ��Pti 9pL �- P CJD SAN CLE ENTE DR co Q� FOUR - - ¢ SEASONS AFL + + + 4 ° \ CD + o � Q \� HOTEL �P NEWPORT FASHION SP PO !j O SOS BEISLAND ACH + COUNTRY w CLUB -1�t✓ m _ _ - vGE = - - = o I I - ° A - R=6000.00, - ° ° o o� L=988.43 o \ - -,� I \ II LOCATION MAP - 0 o J,� ° o a'� - �'ss� - \ ` II NTS �PS� - � 610.88_ - - - _ _ __ _ - ❑ �'Sa EEZ- 553°58'tOtE o s'ss - _ - - - _ = g _�.-_ - - - a'ss - o - - �___ _ _\\ 8S� o GENERAL NOTES j _ a'sS - g _- -L - _ - { 1 . EXISTING LAND USE: UNDER CONSTRUCTION PROPOSED RESIDENTIAL Go - - - - - - - - - - - - - - - -, m N II + _ APARTMENT COMPLEX AND EXISTING PARKING FACILITY 2. PROPOSED LAND USE: APARTMENTS AND EXISTING PARKING FACILITY . . ..: :::: :.. '--,':`;'-' . ...: ,.. .>'._.: n,. c: .> '?T+,^: --:u3 'S�"�--'c:';i •'--�-' 'S � L III i YW.' :. .... - _ -_ _�-_ = .an. �- T -� <rs.. ,:,-."•_. - - ____ R-59;750 L=900.66' T - z 1 II 3. TWELVE INCH PUBLIC WATER LINE IS PROPOSED TO BE INSTALLED IN - - -- - --'@� -,.,: .�>. .� . . :-w"' _ � - _ - � - THIS TRACT _,�-., ,. , (• q. ._, :, ... ..: r.: 'r.. . .:. - ft �9L750 L 83 .1..` � -, - _-- I .. . '. � __ .. . . :: ,,: •:,:.:. : .. s ^�o T [y--:•- -_ 4. SEWAGE DISPOSAL SERVICE IS PROVIDED BY CITY OF NEWPORT BEACH \\ --_ - L oi[a4d�'• � - r EX.tB°SD Q _ -_ _� ;, - _ _ - ° 5o Imo- 5 THERE IS NO PROPOSED PUBLIC AREA \\ � � 6. NO OFFSITE TREE PLANTING ISPROPOSED EX.�CEX.-CB 553 4.49.0 . ' � I n V - _ -1�o 1.- m� 12° SD F /I E(TS) .. .. .". ,. . . . ;. 'is ':: o ... � ` �� �5 • 18" SD I�C.:L..:.A �EX. FH Q _ AREA I I �I 0,�� ° GROSS AREA = 796,927 SF (18.29 AC) -• �! EX.1 "SD _ � t 35 ( 24' SD �� `� f f N t I I PARCEL 1 RESIDENTIAL APARTMENT 630,860 SF 14.48 AC LL<F LINEPARCEL 2 PARKING 0 � /� o I f I f R°s ,:':_;, z L-t6.86 I IIII i PARCEL A LANDSCAPE LIOT = 96,208 SF (0.14 AD) 6° �3� / 40 a I ; � � PARCEL B PRIVATE DRIVE, DOG PARK & I � n � R=950.50 - h (� ��OQ ° OPEN SPACE 62,622 SF (1 .44 AC) FLOOD ZONE ' � -SIDEWA'LK 1 I M� ESMT I # _ _ _ THIS PROPERTY IS IN ZONE "X" OF THE FLOOD INSURANCE RATE MAP, MAP N o'O/ REMIAIN NO. 06059CO382J, PANEL DATED DECEMBER 3, 2009. 19 r]3.5 r I ............. N ................ . :.....::...: .... IN VI I ` ...... ..• ... .. .. 08»:GS R ... OWNER/ SUBDIVIDER j ® C ° ° I N I # THE IRVINE COMPANY I ❑ O D Fri a f . o f f C o NI II UI 550 NEWPORT CENTER DR IV E is,ss 12" SD NEWPORT BEACH, CA 92660 PHONE. (949) 720-2000 o 211 :fil(tl p r FE-11I I II CIVIL ENGINEER a 0 I E: ri � ia s\ JOHN OLIVIER, P.E. °FEssJ FUSCOE ENGINEERING, INC. I ...................................... ............k 2 g(li':i'r: '9ni�:` (r�`':>:Sly',::`!:;!°:` I I ° 16795 VON KARMAN, SUITE 100 o a tv Z ti :'.;r`'�;t[<;�!�j>`�'ri' iii:. :.•.:; :y'•; ::;.y:1'.,:::;.:.:,t:: � � ►� .................................. .. ..........e IRVINE, CA 92606 �^ , ''o\ ....... .............. ® I ,� "" """' """"" "' " PHONE' (949) 474-1960 „ No aaasse A m 6 w W �I rc 11 A O• g'i Exp. 03 3 6 FAX: 4 474 1 a / / a A 99 535 # ❑ ❑ f ❑ � 5 Q ❑B ( ) 0.5' I ❑ I I Il I 1 Sr clvl� a` �III �+�' I U)LDG_ a ATF OF CAl\FOQ- Ll EF Ll Ll U E � 1 15' .AGk �' I I I ° SITE ADDRESS 1 CE PHK SCT 1101 SAN JOA UIN HILLS ROAD � - � I � I I I 1 NEWPORT BEACH, CA. 92660 1II o I LJ Li \ h I { I C 0 El 14 LEGAL DESCRIPTION Xso L RT = 1 BEING A PORTION OF PARCEL 3, IN THE CITY OF NEWPO L 44.63 �: BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS R-,950.5' 0 0 oldInT '>s 150 1� /� �1°w SHOWN ON A PARCEL MAP FILED IN BOOK 81 PAGES 8 °IIVO°�° NJ� L-L- � ° ° . .�P'i:S:,:.:5v;c:::7.!�tp_;, I -r� I r f f �w \ \ \ ° AND 9 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY _ I / / / DIS N \ RECORDER OF SAID COUNTY. * sl J ° 5 2 M°���� ' 1,, �\q \ �\ \ \ EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING \ ® \ WITHIN PARCELS 1 THROUGH 4 AS SHOWN ON A MAP, FILED �O 5 EX. P L �° ° �/ M° ] '/ v 2� 6 °° \ \ \ \ EX. FH IN BOOK 175 PAGES 22 TO 24 OF PARCEL MAPS, RECORDS sx z °s 24�° ° / S. FH j/ � O® '\� Y1 OF SAID COUNTY. + 3m FR� 0000 �� V �'�- .� -� �. o ® V` ® °• o\� � \ EXISTING EASEMENTS �° r7f Off/ Q- \ N� \ \ \\ ° / ' ® \ D \ \ lO AN EASEMENT FOR PEDESTRIAN WALKWAY AND INCIDENTAL °°°° L // \ \ ,\ \ \ PURPOSES, RECORDED MAY 16, 1968 IN BOOK O/ 8 ® \ 8603, PAGE 890 OF OFFICIAL RECORDS. zPUBLIC WATER LOT LINE // ) \S- '\ \ \ o \ \ \ \ N PROPOSED 12' ° �> \ ` \ \ IN FAVOR OF: THE CITY OF NEWPORT BEACH MAIN O AMENDED AND RESTATED PUBLIC UTILITY EASEMENT, RECORDED AS I L10 C17� i9 V //`�t� / \ ® \ o \ \ INSTRUMENT NO. 2015000363257 OF OFFICIAL RECORDS IN FAVOR 11 C18 c \ OF CITY OF NEWPORT BEACH N - � �/ �� s � AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, w FW BF ❑ Dw, o °w �� / ' ® i \\ \ ° \ RECORDED MAY 6, 1999 AS INSTRUMENT NO. PROPOSED 12" D 1 / 1 0 M° -- _ _ \ �' 1135 LOT LINE ��% \ \ w PUBLIC WATERr-�pRvATE \' \ O \ \ \ \ 0,\ 99-332957 OF OFFICIAL RECORDS. MAIN IN FAVOR OF: PACIFIC BELL, A CALIFORNIA CORPORATION C12 �i' \ 1 - 1 �"CB $ti � ® \ ©o \ E`X. R' W � \\\ n60 �F >S 0 / ��r�' Q/ ® THE TERMS, PROVISIONS AND EASEMENT(S) CONTAINED IN THE FH c1e L8 �� ii' Ge /� i ti �,. �\ x* \ \ DOCUMENT ENTITLED "UTILITY EASEMENT AGREEMENT" RECORDED n o - L7 T G ��'' / / \ �� \°�/ /)� 5 j ® O °� , 2015 AS INSTRUMENT NO. 201 50001 556 53 OF OFFICIAL J - _ - L� Dw / ® 0 \ \ \ RECORDS. -------- ---- - --- --- 00 - - - /6�� s / `�/\\ = PURPOSES, DW DW TN - - - .- IW--- )W �� � P- R 'EL-_6 +"� �� os \\ \\ �S \ \\ O AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL P S Q Dw o -- ___- ' - - - - C , e ° / ® ® RECORDED SEPTEMBER 30, 2015 AS INSTRUMENT NO. EX. 18"SD / s L r----�-- - 5s CB o s 1 d j EX. P L © • \\ / J /Qo , \\ 201 50001 9 8987 OF OFFICIAL RECORDS. 9 H v05 �o �5 �: 02 \ G A MW :M �� 3F �2� 9 1/ARCEL 2 60' ®� o/ FAVOR OF: SOUTHERN CALIFORNIA GAS COMPANY, A r, a / � IN so'zu9 w t3 j CALIFORNIA CORPORATION # M\ _ MW �° X _ _ _ \ AFFECTS: THE LAND X I,. _ ..,, � v� ,T \� 11.1�.'i 1 '•-35'3 "'E'�11140 .� 5 I 155 '' {n- �. .;, ,'. tx� Jp1 C;- \rJ � ®/ \ NOT PLOTTABLE � EX. P L EX. p P.M.E. 55 31 ® oI OOh i BASIS OF BEARINGS I a / BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF SAN m -� 15' 45 P I � -:Z 1-� �� ' � J J ✓ � � "� �� \ '� /' � . / ,,,_ CLEMENT DRIVE, BEING N79°22'13"W PER PARCEL MAP FILED IN BOOK 81 - .lam - v 1 ii I I \ o II o + OQ �s�® \\ ® k / / PAGES 8 & 9 OF PARCEL MAPS -'Ir�IHI .l ' IIII I ; Q�iC�EL 0 p°�I° fro! o����'� II II II II � e � �` o � � \ 11 u u u U u U °), �° It,o� i - ' \\ / ® �' // `C/� BENCH MARK E n n°n 1175122-24 75 1 22-2 � Ooh + ��Q'EX. P t \ >s `�� � ®/�' OCS 3N-56-77 NAVD 1988 ELEV= 119.926 I���Vu�U�a7bu L�C� DESCRIBED BY OCS 2004 - FOUND 3 3\4" OCS ALUMINUM \ 0 BENCHMARK DISK STAMPED "3N-56-77", SET IN THE TOP NORTHERLY CORNER OF A 4.5 FT. BY 8 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE SOUTHEASTERLY PORTION OF PROPERTY ` /� / /N THE INTERSECTION OF JAMBOREE ROAD AND SAN JOAQUIN HILLS LINE / ` ROAD, SET IN THE CENTER MEDIAN FOR SAN JOAQUIN HILLS ROAD, PRIVATE DRIVE \ ® � / / / 14 FT. SOUTHEASTERLY OF THE NORTHWESTERLY NOSE OF THE PRIVATE DRIVE LINE & CURVE DATA LOT LINE LINE & CURVE DATA LOT LINE °/ / / MEDIAN AND 4 FT. NORTHERLY OF THE SOUTHERLY CURB FACE OF �• o / THE MEDIAN. MONUMENT IS SET LEVEL WITH THE SIDEWALK. LINE TABLE CURVE TABLE LINE TABLE CURVE TABLE VARIES EXISTING / / z / MUSEUM SITE LEGEND / � LINE # LENGTH BEARING CURVE # LENGTH RADIUS LINE # LENGTH BEARING CURVE # LENGTH RADIUS / 5' 10' 14' 14' /SEX. FF{% L1 71 .14' N58°32'38"W C1 60.23' 39.00' L5 2.87' N46°26'55"W C7 75.68' 58.00' WALK LOADING RIGHT OF WAY/PROPERTY LINE BF BACKFLOW ZONE / LOT LINE BLDG BUILDING L2 158.77' S49°00'00"E C2 66.63' 400.00 L6 71 .81 ' S58°32'38"E C8 69.79' 419.00' / / CB CATCH BASIN / L3 22.58' N76°27'01 "W C3 120.25' 251 .00' L7 109.78' S49°00'00"E C9 12.87' 20.00' CENTER LINE CL CENTER LINE DOG PARK EXISTING EASEMENT DW DOMESTIC WATER L4 46.87' S62°40'54"E C4 146.02' 249.00' L8 18.99' S49°00'00"E CIO 19.31' 30.00' / / --------- PROPOSED WATER EASEMENT ESMT EASEMENT EX. EXISTING CS 217.85' 264.00' L9 22.58' S76°27'01"E C 1 1 76.15' 222.00' _ ;a\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\�.\\\\\\\\\\\\\\\\\\\\\\\\\\\\�'- RETAINING WALL FH FIRE HYDRANT 06 126.95' 265.00' L10 14.48' S57'1 3'46"E C12 17.44' 30.00' 55CONTOUR LINES FW FIRE WATER 11 34.24' S62°40'54"E C13 14.35' 20.00' DW- PROPOSED PUBLIC WATER L LENGTH LSECTION A MW MODULAR WETLAND PRIVATE STORM DRAIN LINE P/L PROPERTY LINE L12 25.74' N62°40'54"W C14 83.17' 268.00' N.T.S. 1 � DIRECTION OF FLOW L13 1 .94' N29°02'31 "E C15 10.78' 20.00' R RADIUM w EXISTING WATER MAIN R/W RIGHT OF WAY L14 3.08' S60°56'22"E C16 21 .05' 30.00' - Ss - EXISTING SEWER MAIN SO STORM DRAIN C17 31 .56' 278.00' _ UTIL UTILITY PRIVATE DRIVE = EXISTING STORM DRAIN ® TREE C18 38.20' 235.00' LOT LINE LOT LINE 40' 0' 20' 40' 80' - - CATV - EXISTING CABLE TV LINE E EXISTING ELECTRIC LINE C19 17.54' 30.00' VARIES SCALE: 1" = 40' - E(TS) - EXISTING TRAFFIC SIGNAL CONDUIT C20 14.15' 20.00' 5' 14' 14' PARCEL 2 - ° EXISTING GAS LINE C21 132.23' 245.00' WALK I PARKING FACILITY T EXISTING TELEPHONE LINE C22 136.05' 284.00' EXISTING STREET LIGHT C23 15.42' 10.00' BIO „11DATE: 02/16/2016 G24 12.53' 24.50' RETENTION �cTENTATIVE PARCEL M A P PLANTER � �c111110 SCALE: AS SHOWN SECTION B JOB NO.: 0266-045 N.T.S. \ FUSCOE N 0 . 2016- 105 DRAWN: MI E N G I N E E R I N G CITY OF NEWPORT BEACH CHECKED: JO NO. DATE REVISION DESCRIPTION f u l l c i r c l e T h i n k i n g SHEET 1 OF 1 Zoning Administrator - April 14, 2016 Item No. 5a Additional Materials Received Villas Fashion Island Tentative Parcel Map (PA2015-220) April 14, 2016, Zoning Administrator Agenda Comments Comments submitted on April 12, 2016, by: Jim Mosher( iimmosher(a�vahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item No. 5 Villas Fashion Island Tentative Parcel Map (PA2015-220) Regarding the proposed resolution: 1. In Section 1.1 on page 1 of 7 (handwritten page 9), the description of the subject property is confusing and possibly in conflict with the public's understanding of the parcel's current configuration. a. The most recent subdivision map cited as relevant to this property by the City's GIS software is the one from Book 81 mentioned in the first sentence: http://nbgis.newportbeachca.gov/images/pdf/PM/PM 081 08-09.pdf b. It shows a 21.29 acre Parcel 3 extending to the corner of San Clemente and Santa Barbara Drives. c. Apparently there were a number of lot line adjustments involving that corner in the 1990's, but the City's GIS does not reference any subsequent changes to Parcel 3 of Book 81, raising a question of the approval status with the City of the "Map, filed in Book 175, Pages 22 to 24" that is referred to in the resolution. d. Whatever the status of that map, both the grammatical and substantive significance of the second sentence of Section 1.1 is unclear. As presented, it is merely a sentence fragment. Was it supposed to be a continuation of the initial sentence, separated from it by a comma instead of a period and beginning "excepting" rather than "Except'? e. Even with a clarification of what the current parcel map governing this property is, how does excluding "said land lying within Parcels 1 through 4" not exclude Parcel 3? Are the parcels numbered differently in the mystery map? 2. On page 2 of 7 (handwritten page 10), there seems to be a "SECTION 3" heading missing that would separate the CEQA determination from the findings that follow it. 3. Also on page 2 of 7, the public is told the Zoning Administrator has to make Finding A: "That the proposed map and the design or improvements of the subdivision are consistent with the General Plan." a. As I assume the Zoning Administrator is aware, there is considerable controversy about the General Plan consistency of the improvements currently under construction on the subject property and depicted on the proposed tentative parcel map. b. That controversy, which involves the construction of 79 dwelling units the authority for which is, at the very least, not obvious from the General Plan, has been detailed in the press, in a March 15, 2016, personal meeting with senior Planning and City Zoning Administrator-April 14,2016 Item No.5a Additional Materials Received Villas Fashion Island Tentative Parcel Map(PA2015-220) Apr. 14, 2016, Zoning Administrator agenda Item 5 comments -Jim Mosher Page 2 of 2 Attorney staff, and in an April 7, 2016, letter to the Planning Commission and Planning Division from Chatten-Brown & Carstens LLP, which is part of the record of the Commission's meeting of that date. c. On the face of things, the development of 524 dwelling units described in the resolution is clearly inconsistent with the General Plan: httr)://newr)ortbeachca.gov/qovernment/dei)artments/community development/planning-division/general-plan-codes-and-regulations/general-plan i. While it is true that residential development is allowed on parcels with the MU-1­13 land use designation, Table LU1 of the Land Use Element clearly states (on page 3-14) that the maximum number of dwelling units allowed on the totality of all the MU-1­13 parcels is 450. 524 is clearly more than 450. ii. Moreover, Policy LU 4.1.c (on page 3-11) instructs the public and potential developers, "For anomalies identified on the Land Use Map by a symbol, refer to Table LU2 to determine the precise development limits." 1. The subject parcel is identified on the Land Use Map (specifically, in Figure LU 13) as "Anomaly 48". 2. Referring to Table LU2, the currently approved "precise" development limit for Anomaly 48 (on page 3-18) is 337,261 sf of non-residential floor area, with no indication of any residential development currently being authorized on it. iii. Further details of the controversy could be provided, but seem unnecessary given that the existence of a facial inconsistency with the currently approved General Plan is manifest. d. At the April 7, 2016, Planning Commission meeting, and in emails prior to that, the Community Development Director, the Deputy Community Development Director and the Assistant City Attorney have all indicated that their analysis of the General Plan status of Newport Center development, and the question of the 79 excess units, is not complete, and will not be complete until the April 26th City Council meeting, at the earliest. e. In view of the above circumstances, I believe it would be wholly inappropriate for the Zoning Administrator to second guess that analysis and make a finding of General Plan consistency at this time. 4. 1 recommend the present request be tabled until the General Plan consistency controversy has been resolved.