HomeMy WebLinkAboutZA2016-057 - PARCEL MAP FOR CONDOS - 701 Poppy Ave RESOLUTION NO. ZA2016-057
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY
OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP
NO. NP2016-016 FOR TWO-UNIT CONDOMINIUM PURPOSES
LOCATED AT 701 POPPY AVENUE (PA2016-154)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Nicholson Construction, with respect to property located at
701 Poppy Avenue, and legally described as Lot 1, Block 743, requesting approval of a
tentative parcel map.
2. The applicant proposes a tentative parcel map application for two-unit condominium
purposes. No waiver of Title 19 (Subdivisions) design standards are proposed with this
application. An existing single-family residence was demolished and will be replaced
with a new two-unit duplex. The Tentative Parcel Map would allow each unit to be sold
individually.
3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and
the General Plan Land Use Element category is Two-Unit Residential (RT).
4. The subject property is not located within the Coastal Zone.
5. A public hearing was held on October 13, 2016 in the Corona del Mar Conference Room
(Bay E-1 st 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to the State
CEQA (California Environmental Quality Act) Guidelines under Class 15 (Minor Land
Divisions).
2. 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 for condominium purposes and is consistent with all of the requirements of the
Class 15 exemption.
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SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determined in this case that the Tentative Parcel Map is consistent
with the legislative intent of Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code and is approved based on the following findings per 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 is for two-unit residential condominium purposes. A
single-family residence was demolished and will be replaced with a new two-unit
duplex. The proposed subdivision and improvements are consistent with the
density of the R-2 Zoning District and the current RT General Plan Land Use
Designation.
2. 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 a two-unit development because it is regular in
shape and is relatively flat.
2. The subject property is accessible from Poppy Avenue and an alley at the rear, and
is adequately served by existing utilities.
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.
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Zoning Administrator Resolution No. ZA2016-057
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Facts in Support of Finding:
1. The site was previously developed with a single-family residence which has been
demolished and will be replaced with a new two-unit duplex.
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 15315 (Article 19 of Chapter 3),
of the California Environmental Quality Act (CEQA) Guidelines — Class 15 (Minor
Land Alterations).
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. The Tentative Parcel Map is for residential condominium purposes. 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.
indin :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, because there are no public easements located on the property.
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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.
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.
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 fifty (50) or more parcels.
2. The project is not located within a specific plan area.
Finding-
H.
indin :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.
inding: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.
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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 two-unit duplex is consistent with the R-2 Zoning District which
allows two (2) residential units on the property. Therefore, the Tentative Parcel
Map for condominium purposes 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.
Facts in Support of Finding:
1. The new two-unit duplex will be designed so that wastewater discharge into the
existing sewer system complies 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.
Facts in Support of Finding:
1. The subject property is located within the Coastal Zone. The subdivision
conforms to the Local Coastal Program since the Coastal Land Use category is
Two-Unit Residential (RT-D).
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel
Map No. NP2016-016 (PA2016-154), subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
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2. This action shall become final and effective 10 days after the adoption of this
Resolution unless within such time an appeal or call for review 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 13th DAY OF OCTOBER, 2016.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. 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.
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 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.
3. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
4. The existing broken and/or otherwise damaged concrete sidewalk panels, curb and
gutter along the Poppy Avenue and Fourth Avenue frontage shall be reconstructed.
5. All existing overhead utilities shall be undergrounded.
6. No above ground improvements shall be installed within the 5-foot alley setback.
7. Low-growing groundcover, of the type approved by the City, shall be installed
throughout the Poppy Avenue and Fourth Avenue parkway fronting the development
site.
8. 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 the sewer cleanout shall be located within the Public right-of-
way.
9. An encroachment permit is required for all work activities within the public right-of-way.
10. All improvements shall comply with the City's sight distance requirement. See City
Standard 110-L and Municipal Code 20.30.130.
11. 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.
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12. All on-site drainage shall comply with the latest City Water Quality requirements.
13. 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.
14. Per Chapter 13 of the City Municipal Code, two (2) 36-inch box street trees shall be
planted along the Fourth Avenue frontage. Tree species shall be per Council Policy
G-6.
15. All existing private, non-standard improvements within the public right-of-way and/or
extensions of private, non-standard improvements into the public right-of-way fronting
the development site shall be removed.
16. A 10-foot radius corner cut-off shall be dedicated to the City for street purpose at the
corner of Poppy Avenue and Fourth Avenue.
17. A 4-foot wide minimum sidewalk along the Fourth Avenue frontage shall be installed.
18. Prior to recordation of the Parcel Map, a park fee shall be assessed for one additional
dwelling unit.
19. Subsequent to the recordation of the Parcel Map, the applicant shall apply for a
building permit for a description change of the subject project development from
"duplex" to "condominium." The development will not be condominiums until this
permit is finaled. The building permit for the new construction shall not be finaled until
after recordation of the Parcel Map.
20. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
21. 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 701 Poppy Avenue Condominiums including, but not
limited to Tentative Parcel Map No. NP2016-016 (PA2016-154). 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
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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.
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