HomeMy WebLinkAbout2020-90 - Approving Tentative Parcel Map No. NP2020-007 for a Residential Subdivision Located at 2400 Santiago Drive (PA2020-041)RESOLUTION NO. 2020-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP NO. NP2020-007 FOR A
RESIDENTIAL SUBDIVISION LOCATED AT 2400
SANTIAGO DRIVE (PA2020-041)
WHEREAS, 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 ("City"), 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");
WHEREAS, the Applicant is requesting to subdivide an existing single-family
residential property into two lots which require approval of General Plan Amendment No.
GP2020-003, pursuant to the City of Newport Beach General Plan ("General Plan") Policy
LU 4.2 (Prohibition of New Residential Subdivisions) and approval of Tentative Parcel Map
No. NP2020-007, to allow for the increase of one additional dwelling unit ("Project");
WHEREAS, the Property is designated RS -D (Single Unit Residential Detached)
by the City General Plan Land Use Element and is located within the R-1 (Single -Unit
Residential) Zoning District;
WHEREAS, the Property is not located within the coastal zone, therefore, an
amendment to the Local Coastal Program is not required;
WHEREAS, a telephonic public hearing was held on July 23, 2020 in the City Council
Chambers located at 100 Civic Center Drive, Newport Beach, due to the Declaration of a
State Emergency and Proclamation of Local Emergency related to COVID-19. 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;
WHEREAS, on July 23, 2020, the Planning Commission adopted Resolution No.
PC2020-028 by a unanimous vote (6 ayes, 0 nays), recommending approval of Project
to the City Council;
WHEREAS, due to the proposed amendments to the General Plan, California
Public Utilities Code Section 21676(b) requires the City to refer the Project to the Orange
County Airport Land Use Commission ("ALUC") for a determination of the Project's
consistency with the Airport Environs Land Use Plan ("AELUP") for the John Wayne
Airport;
Resolution No. 2020-90
Page 2of8
WHEREAS, on September 17, 2020, the ALUC voted (6 ayes, 0 nays) finding the
Project to be consistent with the AELUP; and
WHEREAS, a telephonic public hearing was held on October 13, 2020, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach due to the Declaration
of a State Emergency and Proclamation of Local Emergency related to COVID-19. A
notice of time, place and purpose of the hearing was given in accordance with the Ralph
M. Brown Act and Chapter 21.62 (Public Hearings) of the NBMC. Evidence both written
and oral, was presented to, and considered by, the City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council does hereby approve the request for Tentative
Parcel Map No. NP2020-007 for a residential subdivision to create one additional dwelling
unit and subject to the conditions of approval attached as Exhibit "A" and incorporated
herein by reference. The City Council's decision is made in accordance with Section
19.12.070 (Required Findings for Action on Tentative Maps) and is supported by the
following facts and findings:
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 Findinq
1. Tentative Parcel Map No. NP2020-007 would allow the subdivision of 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 residential unit at a future time.
Resolution No. 2020-90
Page 3 of 8
2. General Plan Policy LU 4.2 prohibits new residential subdivisions that would result
in additional dwelling units unless authorized by an amendment to the General
Plan. Tentative Parcel Map No. NP2020-007 would create an additional residential
lot with the potential to develop one residential unit. Therefore, General Plan
Amendment No. GP2020-003 is proposed for the Project and supported by the
facts and findings set forth in Resolution No. 2020-
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 subsection (j) of 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. Since the dimensions for the Parcel 2's accessway
is twenty (20) feet wide, additional facts in support of findings for Parcel 2 for a flag
lot are not required.
5. The Property is not located within a specific plan area, therefore, no additional
facts and findings related to a specific plan are required.
6. The Project has been conditioned to require public improvements, including the
reconstruction of sidewalks, curbs, and gutters on Santiago Drive as necessary.
7. The Project has been conditioned to dedicate a 10 -foot street use easement along
the Santiago Drive frontage for future sidewalk improvements.
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
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 R-1 (Singe -Unit Residential)
zoning designation.
Resolution No. 2020-90
Page 4 of 8
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
subsection 0) of Section 19.24.050 (Lot Design) of the NBMC, 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. Parcel 2's accessway dimensions are twenty (20)
feet wide and one hundred fifty (150) feet deep. 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 19.24.0500).
3. Both proposed lots will be accessible from Santiago Drive and the Public Works
Department does not anticipate an added driveway to accommodate the additional
residence creates any u issues or conflicts.
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 Property is located in an urbanized area and does not contain any sensitive
vegetation or habitat. The Project consists of the subdivision into the two separate
lots to allow for the future development of one residential unit per parcel.
2. 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), of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3 (`CEQA Guidelines")
therefore an environmental impact report was not prepared and no additional
findings that specific economic, social or other impacts make mitigation measures
or project alternatives infeasible.
d. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Resolution No. 2020-90
Page 5 of 8
Facts in Support of Finding
1. Tentative Parcel Map No. NP2020-007 would allow subdivision of 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 California Government Code. 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.
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.
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.
Resolution No. 2020-90
Page 6of8
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 R-1 (Single -Unit
Residential) Zoning District that permits residential development.
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.
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.
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
Resolution No. 2020-90
Page 7 of 8
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 R-1
(Single -Unit Residential) Zoning District and with existing development in the
community. The City anticipated a regional housing needs allocation of 4,832 units
for the 6th Cycle Housing Element. Therefore, Tentative Parcel Map No. NP2020-
007 will help the City in meeting its regional housing need.
I 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 Property currently maintains a residential unit with existing utility connections.
The Project would divide the Property into two individual parcels and upon future
development of the second parcel, additional utility connections would comply with
the Building Codes. Therefore, the Project would not create waste that would result
in a violation of the existing requirements prescribed by the Regional Water Quality
Control Board.
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, therefore, a finding of
conformity with the Local Coastal Program is not necessary.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2020-90
Page 8of8
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the adoption of this resolution is categorically
exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of
Small Structures) of the CEQA Guidelines because it has no potential to have a significant
effect on the environment. 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.
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 13th day of October, 2020.
ATTEST:
Leilani I. E
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
,Wo�� C.
Aaron C. Harp
City Attorney
Attachment(s): Exhibit A — Conditions of Approval
Will O'Neill
Mayor
EXHIBIT "A"
CONDITIONS OF APPROVAL
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. 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 (currently $26,125 per new
additional dwelling unit) shall be assessed for one additional dwelling unit in
accordance with Chapter 19.52 (Park Dedications and Fees) of the NBMC.
7. The Applicant is responsible for compliance with the Migratory Bird Treaty Act
("MBTA"). In compliance with the META, 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 sifting 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 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. 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, Tentative Parcel Map No. 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
10. 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.
11. 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.
12. Any proposed easements shall be subject to further review by all departments.
13. 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 County Subdivision Code and Orange County
4
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
22
A 10 -foot street -use easement shall de dedicated along the Santiago Drive
frontage for future sidewalk improvements.
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.
c
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2020-90, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 131h day of October, 2020; and the same was so passed and adopted
by the following vote, to wit:
AYES: Mayor Will O'Neill, Council Member Joy Brenner, Council Member Diane Dixon, Council
Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon
NAYS: Mayor Pro Tem Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of October, 2020.
akid.fOJ4�,�
Leilani
I. Brown
City Clerk
Newport Beach, California