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HomeMy WebLinkAbout2014 - TENTATIVE PARCEL MAP AND CODE AMENDMENT TO REORIENT FOUR EXISTING LOTS AND ESTABLISH SETBACKS TO DEMOLISH AN EXISTING SFR AND CONSTRUCT FOUR NEW SFR - 1902 Balboa Blvd E RESOLUTION NO. 2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO. NP2016-002 TO RECONFIGURE FOUR EXISTING PARCELS AND ZONING CODE AMENDMENT NO. CA2016-001 TO ESTABLISH SETBACKS FOR THE PARCELS LOCATED AT 1902 EAST BALBOA BOULEVARD (PA2016-010) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Thomas St. Clair, representing RREG Investment Series, LLC with respect to property located at 1902 East Balboa Boulevard (Property), and legally described as Parcels A, B, C, and D of Resubdivision No. 0318 in the City of Newport Beach, County of Orange, State of California, being all of Lots 2, 3, 4, and 5 of Tract 756 per Book 23, Pages 7 and 8 of Miscellaneous Maps, Records of Orange County, California. 2. The applicant proposes a tentative parcel map to resubdivide four existing parcels and a Zoning Code amendment to establish setbacks for the future construction of four new single-family dwelling units. 3. The Property is located within the RS-D (Single Unit Residential) General Plan Land Use Element category and the R-1 (Single-Unit Residential) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is RSD-B (Single-Unit Residential Detached). 5. A public hearing was held on March 17, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. 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. The project is categorically exempt under Section 15305 and 15315, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions). 2. The Class 3 exemption includes the construction of up to four dwelling units. The project consists of four new single-family residences that are located on a previously developed site with no environmentally significant resources present. The modified Planning Commission Resolution No. 2014 Page 2 of 14 setbacks under the code amendment are consistent with all of the requirements of the Class 3 exemption. 3. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and Zoning, no variances or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. The Tentative Parcel Map is consistent with all of the requirements of the Class 15 exemption. SECTION 3. REQUIRED FINDINGS. Tentative Parcel Map The Planning Commission 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 provided by 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 reconfigures four existing single-family residential lots, creating a development pattern consistent with the surrounding neighborhood. A single-family dwelling will be demolished and will be replaced with four new single- family dwellings. The proposed subdivision and improvements are consistent with the density of the current General Plan Land Use Designation RS-D (Single-Unit Residential Detached) and the R-1 (Single-Unit Residential) Zoning District. 2. The Properties are located within the R-1 (Single Unit Residential) Zoning District. This district allows for a range of detached single-family residential dwellings. The existing dwelling and four proposed single-family dwellings including the suggested setbacks are consistent with these designations. Future development of the project site will be required to comply with the Zoning Code development standards. 3. Public improvements will be required of the Applicant per the Municipal Code and the Subdivision Map Act. The project has been conditioned to require public improvements, including undergrounding existing utilities, the reconstruction of existing broken or otherwise damaged sidewalks, curbs, and gutters along the East Balboa Boulevard frontage, and new street trees along the street frontage consistent with the Subdivision Code (Title 19). 10-02-2015 Planning Commission Resolution No. 2014 Page 3 of 14 4. The Tentative Parcel Map does not apply to any specific plan area. Findinq: 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 single-family residential development because it is regular in shape and is relatively flat. The lots on the 14,095-square-foot site will be reoriented, creating a development pattern reverting back to the original tract configuration that is consistent with adjacent blocks in the neighborhood. 2. The subject property is accessible from L Street, a private street, as well as the rear alley at the west. The site is adequately served by existing utilities and the proposed subdivision will maintain vehicular and emergency access by maintaining existing private streets and alleys. 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 site was previously developed with a single-family residence, which will be demolished and replaced with four new single-family residences. 2. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. 3. The project is categorically exempt under Section 15303 (New Construction or Conversion of Small Structures) and Section 15315 (Minor Land Alterations), of the California Environmental Quality Act (CEQA) Guidelines. Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 10-02-2015 Planning Commission Resolution No. 2014 Page 4 of 14 Facts in Support of Finding: 1. All improvements associated with the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 (General Improvement Requirements) of the Municipal Code and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. 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. The existing private street easements along L Street and the west rear alley will remain in place and continue to provide vehicular, pedestrian, and emergency access. 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. 10-02-2015 Planning Commission Resolution No. 2014 Page 5of14 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. 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. The reoriented lots do not affect solar access or passive heating and cooling design. Finding: 1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: 1. The proposed lot configuration is consistent with the R-1 (Single-Unit Residential) Zoning District, which is intended to provide for a range of detached single-family residential dwelling units, each located on a single legal lot. The Tentative Parcel Map will continue to provide four single-family residential lots on the Property. Therefore, the Tentative Parcel Map will not affect the City in meeting its regional housing need 10-02-2015 Planning Commission Resolution No. 2014 Page 6 of 14 as there is no reduction of potential units. In the future, four dwellings may be constructed on the Property, which will contribute three additional dwellings to meeting the City's 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. K. Facts in Support of Finding: 1 . The new residential units will be designed so that wastewater discharge into the existing sewer system complies with the Regional Water Quality Control Board (RWQCB) requirements. Finding: L. 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 located within the Coastal Zone. The proposed subdivision and improvements are consistent with the Coastal Land Use Plan designation of RSD-B (Single-Unit Residential Detached) that allows for single-family residential use of the property. 2. The subject property conforms to public access policies of Chapter Three (3) of the Coastal Act because the development is located inland from the shoreline and bay and does not affect public access from the nearest public roadway to the shoreline or along the coast. Zoning Code Amendment Amendments to the Zoning Code are a legislative act. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 1. The subject properties will remain consistent with the General Plan, Coastal Land Use Plan, and Zoning Code designation of R-1 (Single-Unit Residential) with the Code Amendment to remove the 5-foot front setback as designated on Setback Map S-2G along East Balboa Boulevard and to establish setbacks for the reoriented parcels. 2. The standard front setback for properties zoned R-1 (Single-Unit Residential) is twenty feet, unless a different distance is depicted on a setback map. The removal of the 5- foot front setback along East Balboa Boulevard as designated on Setback Map S-2G 10-02-2015 Planning Commission Resolution No. 2014 Page 7 of 14 is appropriate given the proposed reconfiguration of the properties, whereas this frontage will now operate as a side setback for the most southerly of the four proposed single-family residences. 3. A 25.5-foot districting map front setback is requested along L Street (private street). The setback exceeds the existing 17.5-foot private street easement and creates an 8- foot front setback area from the private street easement. This setback is consistent with the 8-foot districting map setbacks established for most adjacent blocks (Blocks 26-28 of the East Side Addition to the Balboa Tract) in the area with a similar development pattern. 4. The front setback not only affects building placement, but also impacts buildable area and ultimately the maximum size of a single-family home on the properties. Therefore, the proposed setbacks (25.5-foot front, 3-foot side, and 5-foot rear) provide a maximum gross floor area of 4,174 square feet, which is nearly equal to adjacent similarly oriented lots. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve Tentative Parcel Map No. NP2016-002, subject to the conditions of approval provided in Exhibit "A", and Zoning Code Amendment No. CA2016-001 to modify Setback Map S-2G as depicted in Exhibit "B" and to establish setbacks for the lots within the proposed subdivision, as depicted in Exhibit "C". All exhibits are incorporated by reference herein. PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF MARCH, 2016. AYES: Hillgren, Koetting, Kramer, Zak and Weigand NOES: None ABSENT: Brown and Lawler ABSTAIN: None BY: _ 1 M_ "07 ory Kr er, hai an BY: P er Koetti g, Secretary 10-02-2015 Planning Commission Resolution No. 2014 Page 8 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 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 Tentative Parcel Map shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. Prior to issuance of building permits for demolition of the existing residence, approval from the California Coastal Commission shall be required for the resubdivision. 6. Prior to recordation of the Parcel Map, the existing single-family residence shall be demolished. 7. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for three new dwelling units (currently $2,203.00 per new additional dwelling unit) in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in commercial square footage and the remaining balance shall be charged or credited to the applicant. 8. Prior to recordation of the parcel map, Park Fees shall be paid for three new dwelling units (currently $26,125.00 per unit) in accordance with City Council Resolution No. 2007-30, 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. Should the properties 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 10-02-2015 Planning Commission Resolution No. 2014 Page 9 of 14 current business owner, property owner or the leasing agent. 11. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Federal Holidays. 12. 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 East Balboa Lot Reorientation including, but not limited to, Tentative Parcel Map No NP2016-002 and Code Amendment No. CA2016- 001. 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. Fire Department Conditions 13. Future construction shall be equipped with automatic fire sprinklers shall be required for all new construction. 14. A minimum fire flow for this structure of 1,000 gpm is required as per CFC Table B 105.1. A fire hydrant shall be required to be within 250 feet from the frontage of the properties. 15. Fire Department access shall be in accordance with Department Standard C.01. Building Division Conditions 16. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 17. The applicant or future contractor shall employ the following best available control measures ("BACMs") to reduce construction-related air quality impacts: Dust Control 10-02-2015 Planning Commission Resolution No. 2014 Page 10 of 14 • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts • Encourage car pooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non-peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer. 18. Prior to issuance of grading or building permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 19. A list of "good house-keeping" practices will be incorporated into the long-term post- construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. Public Works Conditions 20. Prior to the issuance of buildinq permits a parcel map shall be recorded. The Map shall be prepared on the California coordinate system (NAD88). Prior to recordation of 10-02-2015 Planning Commission Resolution No. 2014 Page 11 of 14 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. 21. Prior of recordation of the Parcel Map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 22. All improvements shall be constructed as required by Ordinance and the Public Works Department. 23. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels, curb and gutter along the East Balboa Boulevard frontage. 24. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 25. All existing drainage facilities in the public right-of-way shall be retrofitted to comply with the City's on-site non-storm runoff retention requirements. 26. No above ground improvements shall be installed within the rear alley setback. 27. East Balboa Bouleavrd is part of the City's Moratorium List. Work performed on said roadway will require additional surfacing requirements. See City Standard 105-L-F. 28. All private, non-standard improvements (i.e. overflow, curb drains, catch basins, and trench drains) within the public right-of-way (including utilities easements) and/or extensions of private, non-standard improvements in the public right-of-way fronting the development site shall be removed. 29. Install low-growing groundcover of the type approved by the City throughout the East Balboa Boulevard parkway fronting the development site. 30. 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. Water meter and sewer cleanout shall be located within the public right-of-way or utilities easement. 31 . An encroachment permit is required for all work activities within the public right-of-way. 10-02-2015 Planning Commission Resolution No. 2014 Page 12 of 14 32. All improvements shall comply with the City's sight distance requirement. See City Standard 110-L and Zoning Code Section 20.30.130 (Traffic Safety Visibility Area). 33. 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. 34. All on-site drainage shall comply with the latest City water Quality requirements. 35. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. If the sewer lateral to be abandoned has an existing cleanout, abandonment shall include removal of the cleanout riser, the 4TT box and the wye. Sewer lateral shall then be capped where the wye used to be. 36. Per Chapter 13 of the City Municipal Code, each lot shall plant one (1) 36-inch box street tree within the public right-of-way along the property's frontage or pay City to plant one (1) 36-inch box tree elsewhere in the City. Tree species shall be per Council Policy G-6. 37. County Sanitation District fees shall be paid prior to the issuance of any building permits. 10-02-2015 Planning Commission Resolution No. 2014 Page 13 of 14 EXHIBIT "B" Proposed Setback Map S-2G 10-02-2015 Planning Commission Resolution No. 2014 Page 14 of 14 EXHIBIT "C" Proposed Setback Exhibit 10-02-2015 "- "" BUILDING SET BACK EXHIBIT BEING A SUBDIVISION OF A,B,C AND D OF PARCEL MAP NO, 44/14 1902 E, BALBOA, NEWPORT BEACH, PREPARED BY, RON MIEDEMA L.S. 4653 OWNER-SUB DIVIDER, BUILDING SETBACKS 23016 LAKE FOREST DRIVE p409 RREG INVESTMENTS SERIES LLC FROM TOM ST. CLAIR LAGUNA HILLS, CA 92653 3005 S. EL CAMINO REAL REVISED DATE, 12-12-15 SCALE V 20' (94 9) 858-2924 OFFICE (949) 858-3438 FAX SAN CLEMEN7E, CA 92672 - — — — — — — _ — — � I I..� PROPCRTY LINE _ A L L E Y -' PROPERIY LINE — EA T_JlZ� - - - - - - - - — z I I to I I j w j I a: j Phil\C L 1 B U L _ _ _ c 11yo r _ F_A3 T_117.4 '- - — — — -- - 1 F_ o C? � I F- PER ACED CY L% 655/86 OF PEEPS. I Z Z \I .1- — ,.,-. — — — — — — — — — — — — — - I _ W EAST 117,4-2T — - � - - � - - - - - - - - - - - - --- J -� o N.p L GC I I pO�a PARCEL 3 I BUILDING ENVELOPE I L 4 - - - - - - - -� L _ _ _ ^, _ ,,, L _ r ��5 r-142� - _ - - - J 86'1V Q � I= i TYP. � cl� CL 0 EAST 117.42' I I BALBOA BLVD, �'�`CENTER LINE `- ` - L_ J