HomeMy WebLinkAbout06_Cassis Residential Condominiums_PA2018-189CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 15, 2018
Agenda Item No. 6
SUBJECT: Cassis Residential Condominiums (PA2018-189)
Tentative Parcel Map No. NP2018-027
County Tentative Parcel Map No. 2017-188
SITE LOCATION: 618 and 618 ½ Narcissus Avenue
APPLICANT: Abraham Cassis
OWNER: Abraham Cassis
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
General Plan: RT (Two-Unit Residential)
Zoning District : R-2 (Two-Family Residential)
PROJECT SUMMARY
A Tentative Parcel Map for two-unit condominium purposes. An existing duplex has been
demolished and a new two-unit dwelling is currently under construction. No waivers of
Title 19 (Subdivisions) are proposed. The Tentative Parcel map would allow each unit to
be sold individually.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315, Class 15 (Minor Land Divisions) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment ; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2018-027(Attachment No. ZA 1).
DISCUSSION
An existing duplex has been demolished and a two-unit dwelling is currently under
construction, which will provide the Code-required two-car parking per unit.
Vehicular access will be maintained from the alley at the rear of the property.
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Cassis Residential Condominiums
Zoning Administrator, November 15, 2018
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The subject property is generally flat and measures 3,540 square feet in area.
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 Municipal Code requirements
and meet all Title 19 standards.
Public improvements such as broken and/or otherwise damaged con crete and
curb along Narcissus Avenue will be required of the applicant per the Municipal
Code and Subdivision Map Act.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
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:
JM/msw
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Cassis Residential Condominiums
Zoning Administrator, November 15, 2018
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 No. NP2018-027
County Tentative Parcel Map No. 2017-188
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL
MAP NO. NP2018-027 FOR A TENTATIVE PARCEL MAP FOR
CONDOMINIUMS LOCATED AT 618 & 618 ½ NARCISSUS
AVENUE (PA2018-189)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Abraham Cassis with respect to property located at 618 and
618½ Narcissus Avenue, and legally described as Lot 20, Block 641, in Corona del Mar
Tract requesting approval of a tentative parcel map.
2. The applicant proposes a tentative parcel map for two-unit condominium purposes. An
existing duplex has been demolished and a new two-unit dwelling is currently under
construction. No waivers of Title 19 (Subdivisions) are proposed. The Tentative Parcel
map would allow each unit to be sold individually.
3. The subject property is designated Two-Unit Residential (RT) by the General Plan Land
Use Element and is located within the Two-Unit Residential (RT) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 15, 2018 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 hearing 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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment.
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.
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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 fo llowing 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. A duplex
was demolished and will be replaced with a new two-unit duplex. The proposed
subdivision and improvements are consistent with the density of the R -2 Zoning
District and the current RT General Plan Land Use Designation.
2. The Tentative Parcel Map does not apply to any specific plan area.
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
and is relatively flat.
2. The subject property is accessible from Narcissus Avenue and an 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 or 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 pre pared
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 env ironmental
impact report.
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Facts in Support of Finding:
1. The site was previously developed with a duplex that has been demolished and a
new two-unit duplex is under construction.
2. The property is located in an urbanized area that does not contain any sens itive
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 Build ing, 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 pro vided and that these
easements will be substantially equivalent to ones previously acquired by the public. This
finding shall apply only to easements of record or to easements established by judgment of
a court of competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or use of
property within a subdivision.
Facts in Support of Finding:
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.
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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.
1. California Business and Professions Code Section 11000.5 has been repealed by
the Legislature. However, this Project site is not considered a “land project” as
previously defined in Section 11000.5 of the California Business and Professions
Code because the Project site does not contain 50 or more parcels of land.
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 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
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Zoning Administrator Resolution No. ZA2018-
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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 duplex is consistent with the R-2 Zoning District, which allows
two (2) 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 duplex 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 located within the Coastal Zone.
2. The project is not located between the nearest public road and the sea or shoreline of
any body of water located within the coastal zone; therefore, the public access and
recreation policies of Chapter 3 of the Coastal Act are not applicable.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2018-027, 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.
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PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF NOVEMBER, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. A Parcel Map shall be recorded. The Map shall be prepared on the California coordinate
system (NAD83). 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 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.
3. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
4. All damaged sidewalk panels, curb, gutter and street along the Narcissus Avenue
property frontage and any damaged concrete alley panels along the alley property
frontage shall be reconstructed as determined by the Public Works Department.
5. All existing overhead utilities shall be undergrounded.
6. All above ground improvements shall be prohibited within the 5-foot alley setback.
7. All existing private improvements, including brick, concrete and planters, within the
public right-of-way fronting the development of the site shall be removed.
8. New sod or low groundcovers of the type approved by the City shall be installed
throughout the Narcissus Avenue parkway fronting the development site.
9. 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.
10. An encroachment permit is required for all work activities within the public right -of-way.
11. All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
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12. A new 36-inch box street tree shall be installed along the Narcissus Avenue frontage.
Tree species shall be per City Council Policy G -6. All other city street trees shall be
protected in place, unless otherwise approved by the Municipal Operations Department.
General Services Division.
13. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right -of-way could be
required at the discretion of the Public Works Inspector.
14. 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.
15. 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.
16. 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 Cassis Residential Condominiums
including, but not limited to Tentative Parcel Map No. NP2018 -027 (PA2018-189). 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.
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Attachment No. ZA 2
Vicinity Map
13
VICINITY MAP
Tentative Parcel Map No. NP2018-027
PA2018-189
618 and 618 ½ Narcissus Avenue
Subject Property
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Attachment No. ZA 3
Project Plans
15
NARCISSUS
AVENUE
PROPERTY~
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EXISTING ~ %'. BUILDING /
5.5'
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EXISTING
BUILDING
(98.72)
EG
(101.55)
/NG
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(96.67) NG\
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// ., RIDGE
SHEET 1 OF 1
TENTATIVE PARCEL
MAP NO. 2017-188
JANUARY 2018
SITE ADDRESS
618 NARCISSUS AVENUE
CORONA DEL MAR, CA 92625
(APN: 459-075-02)
LOT 20,
BLOCK 641
CORONA DEL MAR TRACT
M.M. 3/41-42
THE LAND REFERRED TO HEREIN BELOW IS
SITUATED IN THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND DESCRIBED AS
FOLLOWS:
LOT 20 IN BLOCK 641 OF CORONA DEL MAR, IN
THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP RECORDED IN BOOK 3, PAGES 41
AND 42 OF MISCELLANEOUS MAPS, RECORDS
OF SAID ORANGE COUNTY.
OWNER/DEVELOPER:
ABRAHAM GEORGE CASSIS AND KENIA LIZETH
CASSIS 2008 REVOCABLE LIVING TRUST DATED
18 OCTOBER 2008, ABRAHAM GEORGE CASSIS
AND KENIA LIZETH CASSIS AS TRUSTEES
SCALE= 1" = 16'
PREPARED BY: A. R. H.
1/29/2018
DATE ~~~.;~~.,.
HUNTINGTON BEACH, CALIFORNIA 92646
PHO N E:(71 4)488-5006 FAX:(71 4)333-4440
APEXLS1NC@C3MAIL.COM 16