HomeMy WebLinkAbout2016-53 - Approving Tentative Parcel Map No. NP2016-002 for 1902 East Balboa Boulevard (PA2016-010)RESOLUTION NO. 2016-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA APPROVING TENTATIVE PARCEL MAP
NO. NP2016-002 FOR 1902 EAST BALBOA BOULEVARD (PA2016-
010)
WHEREAS, 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;
WHEREAS, 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;
WHEREAS, 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;
WHEREAS, the Property is located within the coastal zone. The Coastal Land Use
Plan category is RSD -B (Single -Unit Residential Detached);
WHEREAS, a Planning Commission 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;
WHEREAS, at the March 17, 2016, public hearing, the Planning Commission
received public comments and on an affirmative motion (5 ayes, 2 absent, and 0 noes),
adopted Planning Commission Resolution No. 2014 recommending City Council
approve the proposed Tentative Parcel Map and adopt the Zoning Code Amendment;
WHEREAS, a City Council public hearing was held on April 26, 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 City Council at this public hearing; and
WHEREAS, the Tentative Parcel Map is consistent with the legislative intent of
Title 19 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:
Resolution No. 2016-53
Page 2 of 7
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).
4. 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 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.
Resolution No. 2016-53
Page 3 of 7
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 one 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.
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
Resolution No. 2016-53
Page 4 of 7
determine that the public at large has acquired easements for access through or
use of property within a subdivision.
Facts in Support of Finding:
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
rear alley will remain in place and contir
emergency access.
Finding:
easements along L Street and the west
je to provide vehicular, pedestrian, and
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:
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.
Facts in Support of Finding:
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.
Resolution No. 2016-53
Page 5 of 7
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 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.
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.
Resolution No. 2016-53
Page 6 of 7
Findin
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 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.
NOW THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: The recitals provided above are true and correct and are
incorporated into the operative part of this resolution. The recitals also constitute the
findings the City Council relied upon when approving Tentative Parcel Map
No. NP2016-002.
Section 2: The City Council does hereby approve Tentative Parcel Map
No. NP2016-002, attached hereto as Exhibit "A" and incorporated herein by reference,
and subject to the conditions set forth in Exhibit "B", which is attached hereto and
incorporated herein by reference.
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 project is categorically exempt under Section 15315, of the State
CEQA (California Environmental Quality Act) Guidelines - Class 15 (Minor Land
Divisions). The Class 15 exemption allows the division of property in urbanized areas
zoned for residential, commercial, or industrial use into four or fewer parcels when the
division is in conformance with the General Plan and Zoning, 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,
Resolution No. 2016-53
Page 7 of 7
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 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 26th day of April, 2016.
ATTEST:UWP'� /� J
I
P�W—
I VI: Brown
City Clerk
Diane B. Dixon
Mayor
EXHIBIT "A"
Tentative Parcel Map No. NP2016-002 (PA2016-010)
PA2016-010
14.095 SD.FT.TENTATIVE PARCEL. MAP 2f015-188
DATE- 12-12-15
BEING A SUBDIVISION OF A,B,C AND D OF PARCEL MAP NO, 4- 14
1902 E, BALBOA. NEWPORT BEACH.
PREPARED BY,
ROM MIEDEMA L.S. 46$3 OWNER -SUB DIVIDER,
23016 LAKE FOREST DRIVE e4D9 RREG INVESTMENTS SERIES LLC
LAGUNA MILLS, CA 92653 3805 S, EL CAMINO REAL
SCALE I' -ID' (949) 858-2924 OFFICE SAN CLEMENTE, CA 92612
(949) 858-3438 FAX
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PARCEL R, D, L AND D OF PARCEL
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EXHIBIT "B"
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 Mao 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
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
• 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 building permits a parcel map shall be recorded. The Map shall
be prepared on the California coordinate system (NAD88). Prior to recordation of the
Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and
the City of Newport Beach a digital -graphic file of said map in a manner described in
Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18. The 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 Boulevard 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.
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.
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; that the foregoing resolution, being Resolution
No. 2016-53 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 26th day of April, 2016, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon,
Mayor Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27th day of April, 2016.
� ,lk*V-
Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)