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HomeMy WebLinkAboutPC2020-028 - RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2020-003 AND TENTATIVE PARCEL MAP NO. NP2020-007 FOR A RESIDENTIAL SUBDIVISION LOCATEDRESOLUTION NO. PC2020-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2020-003 AND TENTATIVE PARCEL MAP NO. NP2020- 007 FOR A RESIDENTIAL SUBDIVISION LOCATED AT 2400 SANTIAGO DRIVE (PA2020-041) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ashley Shvetz (“Applicant”), with respect to property located at 2400 Santiago Drive, and legally described as the Southeasterly 120 feet of Lot 297, Newport Heights, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 4 Page 83 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California (“Property”). 2. The Applicant is requesting the following approvals from the City of Newport Beach (“City”): • Tentative Parcel Map No. NP2020-007 – Approval of a Tentative Parcel Map for a residential subdivision located at 2400 Santiago Drive • General Plan Amendment GP2020-003 – A general plan amendment pursuant to the City of Newport Beach General Plan (“General Plan”) Policy LU 4.2 (Prohibition of New Residential Subdivisions) to allow for the increase of one additional dwelling unit (“Project”) 3. The Property is designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 4. The Property is not located within the coastal zone. 5. A public hearing was held on July 23, 2020 in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Planning Commission Resolution No. PC2020-028 Page 2 of 12 01-25-19 2. Class 3 consists of construction and location of limited numbers of new, small facilities or structures, including one single-family residence. The Project will create an additional lot with the potential for development of one additional dwelling unit. There are no other physical changes involved with the Project. Therefore, the Project is exempt from CEQA. 3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. General Plan Amendment Amendments to the General Plan are legislative acts. Neither Title 20 (Planning and Zoning) nor California Government Code Section 65000 et seq., require specific findings for either approval or denial of such amendments. Notwithstanding the foregoing, the General Plan amendment (“GPA”) is consistent with General Plan Policy LU 4.2 as follows: 1. The GP2020-003 does not propose a change in land use and the Property would remain Single Unit Residential Detached (RS-D). The GPA would add one additional dwelling unit to Statistical Area J5 that is consistent with the RS-D land use designation. 2. The GP2020-003 would subdivide an existing residential lot into two separate lots. The lots would be configured as one 15,000-square-foot rectangular lot (Parcel 1) and one 21,060-square-foot flag-shaped lot (Parcel 2). The proposed configuration is consistent with other configurations surrounding the Property, including 2416 and 2420 Santiago Drive, which are immediately northwest of the Property. Although Parcel 2 is flag- shaped, it does not meet the definition of a flag lot per Section 19.24.050 (Lot Design), and therefore is not subject to the approval criteria of a flag lot. 3. The GP2020-003 for one additional dwelling unit within Statistical Area J5 is consistent with other applicable land use policies of the General Plan as provided below: a. Land Use Element Policy LU4.2 (Prohibition of New Residential Subdivisions). Prohibit new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan (GPA). Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals are exempt from the GPA requirements and may be re-subdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit, and Multiple Unit Residential land use categories. (Imp 6.1) The Project will create one (1) additional dwelling unit within Statistical Area J5. Per the policy, a residential subdivision which results in additional dwelling units Planning Commission Resolution No. PC2020-028 Page 3 of 12 01-25-19 may be authorized through an amendment to the General Plan. In reviewing City of Newport Beach Charter (“Charter”) Section 423, none of the specified thresholds established by Charter Section 423 (density, intensity, and traffic) are exceeded, and staff has concluded that GP2020-003 would not require voter approval. b. Land Use Element Policy LU 5.1.6 (Character and Quality of Residential Properties). Require that residential front setbacks and other areas visible from the public street be attractively landscaped, trash containers enclosed, and driveway and parking paving minimized. (Imp 2.1) The Project is a subdivision that creates one (1) additional residential lot (Parcel 1) abutting Santiago Drive. There is no development proposed with the Project. However, future development of Parcel 1 will require additional review to ensure that the 20-foot front setback area is landscaped and properly maintained and has a minimal driveway and parking paving. There is a long existing driveway along the north side to access Parcel 2, which will serve as the only means of access for the residence on Parcel 2. c. Land Use Element Policy LU 5.1.8 (Parking Adequacy). Require that new and renovated single-family residences incorporate adequate enclosed parking in consideration of its number of bedrooms. (Imp 2.1) As previously discussed, the Project does not include development. However, a future single-family residence will be required to provide adequate parking as required by Newport Beach Municipal Code (NBMC) Section 20.40. 2. City Council Policy A-18 requires that proposed GPAs be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the Charter. If a GPA (separately or cumulatively with other GPAs within the previous ten (10) years) generates more than one hundred (100) peak hour trips (a.m. or p.m.), adds forty thousand (40,000) square feet of nonresidential floor area, or adds more than one hundred (100) dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the GPA. a. The Property is within Statistical Area J5. There are no prior amendments in this statistical area. The amendment results in an increase of one dwelling unit. The Project results in an increase of 0.75 a.m. peak hour trips and a net increase of 1.01 p.m. peak hour trips. These increases are based on the trip generation rates for detached residential, which is considered the best available comparable land use in Council Policy A-18. b. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve GPA No. GP2020-003. Planning Commission Resolution No. PC2020-028 Page 4 of 12 01-25-19 3. Pursuant to California Government Code Section 65352.3 (SB18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (“NAHC”) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that eight (8) tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided notice on July 6, 2020. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. The project will not be heard by the City Council until the 90-day period expires on October 4, 2020. Tentative Parcel Map for Subdivision In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC, the following findings and facts in support of such findings are set forth herein: 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. Tentative Parcel Map NP2020-007 is for the purpose of subdividing an existing residential parcel into two separate residential parcels. The existing single-unit residence, garage, and accessory structures will remain on one of the parcels (Parcel 2), where the other parcel (Parcel 1) will be developed with a maximum of one (1) residential unit at a future time. 2. General Plan Policy LU 4.2 prohibits new residential subdivisions that would result in additional dwelling units. The proposed subdivision would create an additional residential lot with the potential to develop one residential unit. Therefore, an amendment to the General Plan is required and included with the proposed subdivision. 3. The Project will mirror the development pattern of parcels to the northwest. 4. Although the proposed Parcel 2 is flag-shaped, it does not meet the definition of a flag lot per Section 19.24.050 (Lot Design), and therefore is not subject to the approval criteria of a flag lot. 5. The Property is not located within a specific plan area. 6. The Project has been conditioned to require public improvements, including the reconstruction of sidewalks, curbs, and gutters on Santiago Drive as necessary. Planning Commission Resolution No. PC2020-028 Page 5 of 12 01-25-19 7. The project has been conditioned to dedicate a 10-foot street use easement along the Santiago Drive frontage for future sidewalk improvements. Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The existing parcel is 36,060 square feet in area and is physically suitable for two (2) separate lots. The proposed subdivision would create one 15,000-square-foot lot (Parcel 1) and one 21,060-square-foot lot (Parcel 2). Both proposed lots exceed the minimum lot area of 5,000 square feet required by Singe-Unit Residential (R-1) zoning designation. 2. Parcel 1 is proposed to be rectangular in shape and is 100 feet wide by 150 feet deep. Parcel 2 is flag-shaped, but does not meet the definition of a flag lot per Section 19.24.050 (Lot Design), which is defined as a lot having its only vehicular access by way of a narrow accessway which serves no more than one other property and which is less than twenty (20) feet wide and more than twenty (20) feet long. However, in order to comply with the Fire Code, the width of the accessway is proposed to be twenty (20) feet wide. Therefore, Parcel 2 is not considered a flag lot and is not subject to the approval criteria of Section 19.24.050. 3. Both proposed lots will be accessible from Santiago Drive and the Public Works Department does not anticipate and added driveway for on residence would create any unanticipated issues or conflicts. 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 existing lot will be subdivided into two separate lots (Parcels 1 and 2). Future development will be restricted to one residential unit per parcel. 2. The Property is located in an urbanized area and does not contain any sensitive vegetation or habitat. Planning Commission Resolution No. PC2020-028 Page 6 of 12 01-25-19 3. The project is categorically exempt under Section 15303 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines – Class 3 (New Construction or Conversion of Small Structures). 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. Tentative Parcel Map NP2020-007 is for the purpose of subdividing an existing lot into two distinct parcels. 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 NBMC 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. The 20-foot width to accommodate the fire lane for Parcel 2 will ensure that there is adequate emergency access to both parcels. 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. Fact in Support of Finding: 1. There is an existing 5-foot utility easement in favor of Southern California Edison located at the rear of proposed Parcel 2. The proposed subdivision will not conflict with easements acquired by the public at large, for access through, or use of property within the Project. 2. Each parcel will be required to provide individual water and sewer utilities. Any existing utilities will require private easements if they cross the adjacent parcel. 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 Planning Commission Resolution No. PC2020-028 Page 7 of 12 01-25-19 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 Property is not designated as an agricultural preserve and is less than 100 acres in area. 2. The Property is developed for residential use and is located in a Zoning District that permits residential development. 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. Fact in Support of Finding: 1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this Project is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the Property 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. Fact in Support of Finding: 1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the California Code of Regulations (“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 the Building Code 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. Planning Commission Resolution No. PC2020-028 Page 8 of 12 01-25-19 Fact in Support of Finding: 1. The subdivision would create two distinct parcels with the potential of up to one unit on each parcel. A single-family residence would be consistent with the Single-Unit Residential (R-1) Zoning District and with existing development in the community. Therefore, Tentative Parcel Map NP2020-007 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. Fact in Support of Finding: 1. The Project would divide the Property into two individual parcels and would not create waste that would result in a violation of the existing requirements prescribed by the Regional Water Quality Control Board. 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. Fact in Support of Finding: 1. The Property is not located within the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission hereby recommends City Council approval of General Plan Amendment No. GP2020-003 and Tentative Parcel Map No. NP2020-007. Planning Commission Resolution No . PC2020-028 Page 9 of 12 PASSED, APPROVED, AND ADOPTED THIS 23Ro DAY OF JULY, 2020. AYES: Ellmore, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand NOES: ABSTAIN: ::SEN£ n :;:-a Erik Weigand, Chairman BY: C 2 Lauren Kleiman, Secretary 01 -25 -19 Planning Commission Resolution No. PC2020-028 Page 10 of 12 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. General Plan Amendment No. GP2020-003 and Tentative Parcel Map No. NP2020-007 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the NBMC, unless an extension is otherwise granted. 5. Prior to the issuance of building permits for a future single-unit residence, Fair Share Traffic Fees shall be paid for the new residential dwelling unit (currently $2,482 per new additional dwelling unit) in accordance with Chapter 15.38 (Fair Share Traffic Contribution Ordinance) of the NBMC. 6. Prior to recordation of the Parcel Map, a park fee shall be assessed for one additional dwelling unit. 7. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (“MBTA”). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The Project shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is Planning Commission Resolution No. PC2020-028 Page 11 of 12 01-25-19 found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 8. Should the Property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner, property owner or the leasing agent. 9. 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 20 Planning and Zoning of the Newport Beach Municipal Code. 10. 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 Shvetz Subdivision including, but not limited to, GP2020-003 and NP2020-007 (PA2020-041). 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. Building Division 11. Prior to recordation of the parcel map, a grading permit shall be approved to re-grade the parcels for the prevention of cross-lot drainage, or providing drainage easements. 12. Prior to recordation of the parcel map, any existing underground utilities under Parcel 1 serving Parcel 2 shall be relocated onto Parcel 2, or provide recorded easements. 13. Any proposed easements shall be subject to further review by all departments. 14. A separate permit shall be obtained for any required demolition or improvements of the existing structures and/or site. Public Works Department 12. 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 Planning Commission Resolution No. PC2020-028 Page 12 of 12 01-25-19 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. 13. 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. 14. All improvements shall be constructed as required by Ordinance and the Public Works Department. 15. All damaged curb, gutter and sidewalk along the Santiago Drive frontage shall be reconstructed per City Standard. 16. Each unit shall be served by an individual water service/meter. Ensure that the water service and meter for Parcel 2 complies with current City Standards. 17. Each unit shall ultimately be served by an individual sewer lateral per the Costa Mesa Sanitary District (CMSD). Additional sewer improvements may be required by the CMSD. 18. All existing overhead utilities shall be undergrounded. 19. An encroachment permit is required for all work activities within the public right-of-way. 20. 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. 21. A 10-foot street-use easement shall de dedicated along the Santiago Drive frontage for future sidewalk improvements. 22. The frontage of Parcel 2 shall accommodate the driveway, curb drain(s) constructed within a full height curb, and the individual water service and sewer service.