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HomeMy WebLinkAboutZA2019-046 -APPROVING TENTATIVE PARCEL MAP NO. NP2019-003 CREATING TWO PARCELS AT 4311 UPTOWN NEWPORT DRIVE RESOLUTION NO. ZA2019-046 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. NP2019-003 CREATING TWO PARCELS AT 4311 UPTOWN NEWPORT DRIVE (PA2019-067) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by TSG-Parcel 1, LLC (“Applicant”), with respect to property located at 4311 Uptown Newport Drive, and legally described as Lot 1 of Tract No. 17763, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 937, Pages 17 to 23, inclusive of miscellaneous maps in the records of said County, requesting approval of a tentative parcel map. 2. The applicant proposes to subdivide an existing 2.58-acre parcel into two parcels for conveyance purposes. No exceptions to Title 19 (Subdivision Code) development standards are proposed with this application. 3. The project site is currently a vacant undeveloped lot. No development or improvements are proposed as part of this application. The site is located within Phase 1 of the Uptown Newport mixed-use residential development for conveyance purposes only. Future development of the project site will be in compliance with the allowed uses and development standards of the previously approved Planned Community (PC58 Uptown Newport). 4. The subject property is located within the Airport Business Area and has a General Plan designation of Mixed-Use District Horizontal-2 (MU-H2). The Uptown Newport Planned Community Development Plan (Uptown Newport PC) has been adopted to regulate development within the subject property. 5. The subject property is not located within the Coastal Zone. 6. A public hearing was held on July 11, 2019 in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. Zoning Administrator Resolution No. ZA2019-046 Page 2 of 7 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. All significant environmental concerns for the proposed project have been addressed in the previously certified Environmental Impact Report No. ER2012-001 (SCH No. 2010051094), and the City of Newport Beach intends to use said document for the above noted project. Furthermore, there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov/ceqadocuments. SECTION 3. REQUIRED FINDINGS. The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent with the legislative intent of NBMC Title 20 (Planning and Zoning) and is approved based on the following findings per NBMC Section 19.12.070 (Required Findings for Action on Tentative Maps): 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 Property has a General Plan designation of Mixed -Use District Horizontal-2 (MU- H2), and the Property is located within the Airport Business Area. The Uptown Newport PC has been adopted to regulate development within the subject property. 2. No development or improvements are proposed with the proposed tentative parcel map. Any improvements are required to comply with past or future approvals. Prior to development of the site pursuant to the Uptown Newport PC, subsequent final maps to implement the proposed parcels and improvements shown on Tentative Tract Map No. 17763 will be submitted to the City for review and approval. Finding: B. That the site is physically suitable for the type and density of development. Fact in Support of Finding: 1. No development or improvements are proposed in conjunction with the proposed tentative parcel map. All improvements are required to comply with past approvals and the Uptown Newport PC. Zoning Administrator Resolution No. ZA2019-046 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. Fact in Support of Finding: 1. This project has been reviewed and is deemed consistent with the previously certified Environmental Impact Report No. ER2012-001 (SCH No. 2010051094) for the Uptown Newport project. Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Fact in Support of Finding: 1. No development or improvements are proposed with the proposed tentative parcel map. Any improvements are required to comply with past approvals and the Uptown Newport PC. All future development or construction will require future applications and approvals and will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. All ordinances of th e 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. Zoning Administrator Resolution No. ZA2019-046 Page 4 of 7 Facts in Support of Finding: 1. The design of the development will not conflict with any existing easements acquired by the public at large, for access through, or use of property within the proposed development, because there are no public easements located on the property. 2. A Declaration of Easements is proposed to be recorded concurrent with the recordation of this tentative parcel map for ingress, egress, reciprocal parking and traffic circulation, and utilities. The Declaration of Easements provides for access, circulation, parking, and utility services to serve each of the proposed parcels. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision M ap 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 s ubdivision will result in residential development incidental to the commercial agricultural use of the land. Fact 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. 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. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this project site is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the project site does not contain 50 or more parcels of land. 2. The project is a vacant lot located within the Uptown Newport PC and no development or improvements are proposed in conjunction with the proposed tentative parcel map. Any improvements require compliance with existing approvals or as required per the Uptown Newport PC. Zoning Administrator Resolution No. ZA2019-046 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. Fact in Support of Finding: 1. The proposed parcel map and improvements are subject to Title 2 4 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: I. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City’s share of the regional 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. Fact in Support of Finding: 1. The tentative parcel map proposes the subdivision of one lot into two lots. No development or improvements are proposed. Any improvements require compliance with existing approvals and the Uptown Newport PC which include construction of housing. Therefore, the proposed tentative parcel map 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. No development or improvements are proposed. Existing wastewater discharge into the existing sewer system are designed to comply with the Regional Water Quality Control Board (RWQCB) requirements. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Zoning Administrator Resolution No. ZA2019-046 Page 6 of 7 Fact in Support of Finding: 1. The project is not located within the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2019-003, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective ten days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 11th DAY OF JULY, 2019. Zoning Administrator Resolution No. ZA2019-046 Page 7 of 7 EXHIBIT “A” CONDITIONS OF APPROVAL 1. A parcel map shall be recorded. The map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the map, the surveyor/engineer preparing the map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 2. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in 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 construction project. 3. The existing cul-de-sac configuration of Capitan Court shall be maintained until such time as the Phase 2 roadway configuration is complete. 4. The approval of Tentative Parcel Map No. NP2019-003 shall be for conveyance purposes only. 5. This parcel map shall expire if the map has not been recorded within 24 months of the date of approval, unless an extension is granted by the Director of Community Development in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. 6. 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 Uptown Newport Parcel Map including, but not limited to, Tentative Parcel Map No. NP2019-003 (PA2019-067). 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.